HomeMy WebLinkAbout03271996 City of Sebastian
I 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 27, 1996
7:00 p.m. or Soon Thereafter
(Following 6:30 p.m. Board of Adjustment)
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITE~I$ MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLEitt(- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit of ten minutes per speaker (R-95-33)
1. CALL TO ORDER
PLEDGE OF ALLEGIANCE
IiNVOCATION - No One Available
ROLL CALL
AGENDA MODIFICATIONS (.ADDITIONS AND/OR DELETIONS/
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
PROCLAMATIONS AND/OR ANNOUNCEMENTS
96.026A
1-30
OUASI-JUDICIAL HEARINGS. FINAL ACTION
Procedures for O_ua.vi-Judicial [',rearings as Follows (Tn accordance with
R-95-39):
Mayor Opens Hearing-Outlines Rules
City Attorney reads Ordinance or Resolution (if Applicable)
Clerk Administers Oath
Disclosure of Ex-Parte Communication
Staff Presentation
Applicant Presentation ~ 15 Minutes
Inquiry of Applicant
Proponents' Testimony - 3 Minutes or 10 Minutes if Representing $ or More
Inquiry of Proponents
Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or
10 Minutes if Representing 5 or More
Inquiry of Opponents
Informational Testimony- 3 Minutes or 10 Minutes if Representing 5 or More
Closing of Public Informational Period
Staff Response and Summary - 10 Minutes
Applicant's Rebuttal Presentation ~ 10 Minutes
Board and Staff Inquiry
At
RESOLUTION NO. R-96-23 - Sebastian Lakes Amendment to
Development Agreement - Continuation of 3/13/96 Hearing (City
Manager Transmittal 3/7/96, Proposed R-96-23, Agreement,
Location Map, City Manager Letter to Howse)
A RESOLUTION OF TI~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AUTHORJZING THE MAYOR, AND CiTY CLERK TO SIGN, ON
BEHALF OF THE CITY, AN AGREEMENT AMONG THE CITY OF
SEBASTIAN, PTC ENTERPRISES, INC. ("PTC") AND LENNAR
NORTHEAST PARTNERS LIMITED PARTNERSHi? ("LENNAR"), THAT
AGREEMENT BEING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SEBASTIAN
LAKES ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP; PROVIDING
FOR RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF THE
RECORDED AGREEMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT I-~REWlTH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Legal
Notice Advertisement 2/7/96, 1st Hearing 2/14/96 Continued to 2/28/96,
Readvertised 2/22/96 and 2/23/96, 2/28/96 Hearing Continued to 3/13/96,
Readvertised 3/20/96 and 3/22/96, 3/27/96 Hearing)
2
96.026B
31-43
45-65
PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings (R~95-33) is as follows:
Mayor Opens Hearing
Attorney Reads Ordinance or Resolution
Staff Presentation
Public Input
Staff Summation
Mayor Closes Hearing
Council Action
Please note: Anyone wishing to speak is asked to go to the podium and
state his/her name and address for the record prior to addressing City
Council.
ORDINANCE NO. O-96-(L0 - Sebastian Lakes Transfer and
Vacation of Real Property - Continued from 3/13/96 (City Manager
Transmittal 3/7/96, O-96-09, City Manager Letter to Howse,
Location Map)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF CERTAIN
REAL PROPERTY IN THE CITY OF SEBASTIAN; AUTHORIZING THE
TRANSFER AND EXCHANGE OF CERTAIN REAL PROPERTY IN TIlE
CITY OF SEBASTIAN TO ALIGN PROPERLY ROSELAND ROAD
SOUTH OF C.R. 512; PROVIDING FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 2/16/96, Advertised Legal 2/16/96, 2/28/96 Hearing Continued,
Readvertised 3/2/96, 3/13/96 Hearing Continued, Readverfised 3/18/96,
Hearing 3/27/96)
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be
enacted by one motion. There will be no separate discussion of consent
agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
Approval of Minutes - 3/13/96 Regular Meeting, 3/18/96 Special
Meeting
96.010A
67-68
96.052
69-82
96.053
83-84
96.010B
85-86
96.010C
87-88
96.O54
89-91
96.O55
93-94
Go
Approve Payment to Supervisor of Elections for Indian River County
- 3/12/96 Election (City Clerk Transmittal 3/13/96, SOE Letter
3/12/96)
Resolution No. R-96~31 - Vacation of Easement - Barton - Lots 17
and 18, Block 65, Unit 2 (City Clerk Transmittal 3/19/96,
Application, Survey, Letters of No Objection)
A RESOLUTION OF TIKE CITY OF SEBASTIAN, IND~
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE NORTHEAST
FIVE FEET OF LOT 17 AND THE SOUTHWEST FIVE FEET OF
LOT 18, PUBLIC UTILITY AND DRAINAGE EASEMENT,
BLOCK 65, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PBI 5-34, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
Formal Acceptance of Walter Barnes' Resignation from Planning
and Zoning Commission (City Clerk Transmittal 3/19/96, Barnes'
Letter)
Confirm Election of Louise Cartwright - Mayor (City Clerk
Transmittal 3/19/96, 3/18/96 Minutes Excerpt)
Confirm Election of Walter Barnes - Vice Mayor (City Clerk
Transmittal 3 / 19/96, 3 / 18/96 Minutes Excerpt)
Sebastian Watershed Action Committee - Community Volunteer
Project - Riverview Park Shoreline Stabilization - Request for Use of
Yacht Club - 4/12/96 & 4/13/96 - 8 am to 4 pm - Waiver of Security
Deposit and Rental (City Clerk Transmittal 3/15/96, Corum Letter
3/15/96, Application)
Sebastian River Art Club - Request Use of Riverview Park - Art
Show - 3/30/96 - Standard Conditions (City Clerk Transmittal
3/18/96, Dougherty Letter 3/18/96)
4
96.056
9S-96
10.
96.057
97-108
96.058
109-111
11.
12.
96.045
113
96.013
115
13.
96.(Y59
117-119
96.060
121-125
Reverend John Hill - Sebastian United Methodist Church -
Ministerial Association - Riverview Park Easter Sunrise Services -
4/7/96 - 6:30 a.m. to 7:30 p.m. - Use of City Bleachers - Standard
Conditions (City Clerk Transmittal 3/19/96, Hill Letter 3/18/96)
PRESENTATIONS
Betty Carpenter - Alexandria Enterprises - 70 Unit Affordable
Housing for the Elderly (City Manager Transmittal 3/20/96,
Carpenter Letter 3/15/96, Housing Element CLUP 3-1 and 3-2)
Heritage Company - Request for Letter of Support to Develop
Affordable Housing in Sebastian (City Manager Transmittal 3/21/96,
McPh/!!ips Letter 3/20/96)
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
Ordinance No. O-96-10 - Purchasing Procedures - 1st Reading
Postponed to this Meeting from 2/28/96 (City Manager Transmittal
3/21/96)
City Attorney Apphcants for the City of Sebastian for Both In-House
Position Consideration and for Legal Services - Deferred from
3/14/96 (City Clerk Transmittal 3/21/96, City Manager Transmittal
3/7/96, itemized Legal Costs, Human Resources Director Memo
3/5/96 - Please Refer to 3/14/96 Packet Pgs 215-322 and Additional
Backup)
NEW BUSINESS
Sebastian Area Business Council - Request to Use Riverview Park
for Business Fair/Barbecue - 4/28/96 - 9 am to 6 pm - Consider
Standard Condition No. 6 Re: Sale of Handmade Goods Only
(Community Development Transmittal 3/19/96, Jacobs Letter
2/14/96)
Local Review of Federally Funded Activities Proposed to Occur
Within Municipal Boundaries of Sebastian (City Manager
Transmittal 3/19/96, DCA Letter 3/11/96)
5
96.061
127
14.
15.
C. Memo from City Manager Re: Grant Applications (Memo 3/20/96)
INTRODUCTION OF NEW BUSINESS FROM Tl~ PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
CITY COUNCIL MATTERS
96.062
129-135
C.
D.
E.
Mayor Louise Cartwright
1. Appointments to County and Regional Boards (City Clerk
Transmittal 3/21/96, List)
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
16. CITY ATTORNEY MATi'ERS
17. CITY MANAGER MATTERS
18. ADJOURN
ANY PERSON I'I~0 DECIDES TO APPEAL ANY DECISION MADE BY THE CiTY COUNCIL
WIT_r-[ RESPECT TO ANY MATTER CONSIDERED AT THIS MEETFNG (OR HEARING,) WILL
NEED A RECORD OF THE PROCEEDINGS AND MAY' NEED TO ENSURE THAT A
VEi~ATLM RECORD OF THE PROCEEDINGS IS MADE, WIIICH RECORD INCLUDES
TArE TEST23dONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD.
(286. o105 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 INADVANCE OF THIS
MEETING.
6
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Public Hearing
Regarding a Proposed Resolution
R-96-23 Authorizing the Mayor &
City Clerk to Sign on Behalf of the
City an Agreement Between the City
of Sebastian/PTC Enterprise, Inc. &
& Lennar Northeast Partners Limited
Partnership Being an Amendment to
the Developer Agreement Between the
the City of Sebastian and Sebastian
Lakes Associates
Approval For Submittal By:
City Manager /("~ ......
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AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 03/07/96
For Agenda Of.' 03/13/96
Exhibits:
1. Proposed Resolution R-96-23
2. Proposed Agreement
3. Location Map
4. Copy of Letter addressed to Mr.
Ron Flowse, from City Manager
EX_PENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
This is a continuation of a proposed request that was continued mutually between the City
Council and Mr. Ron Howse, representing the interest ofkis clients. At the time these were
outstanding issues associated with easements and legal descriptions specifically for Florida
Power & Light, Indian River County and City of Sebastian. ][ have enclosed a copy of a
letter which I have addressed to Mr. Howse, which outlines in essence that those matters
need to be resolved before City Council takes f/xrther action on this matter. If by the date of
the Council Meeting, on March 13,1996, these matters are in fact not resolved, it would be
my recommendation that this matter be deferred for further consideration.
RECOMMENDATION
if all matters as outlined in my letter to Mr. Howse have been resolved, and if the Council
is in agreement with all other issues that the matter be approved. If these issues as outlined
in the Manager's letter are not resolved then this matter should be continued.
RESOLUTION NO. R-96.-23
A RESOLUTION OF TilE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTItORIZING THE MAYOR AND CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT
AMONG THE CITY OF SEBASTIAN, PTC ENTERPRISES, INC.
("PTC") AND LENNAR NORTHEAST PARTNERS LI34ITED
PARTNERSHIP ("LENNAR"), THAT AGREEMENT BEING AN
AMENDMEN'r TO THlg DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SEBASTIAN AND SEBASTIAN LAKES ASSOCIATES,
A FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR
RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF TIlE
RECORDED AGREEMENT TO TIlE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
itEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WItEREAS, the City of Sebastian (the "City") and Sebastian Lakes Associates, (the
"Developer") entered into a Development Agreement on February 9, 1994 by adoption of
Resolution No. R-93-62, to develop real property under the provisions of 163.3220 and
163.3243, Florida Statutes, and the Florida Local Government Development Agreement Act;
and
WltEREAS, the Development Agreement required the Developer to construct
improvements to Laconia Street and those improvements are found to be deficient in design
and construction; and
WlIEREAS, Lennar and PTC have obtained interest in the subject property,; and
WltEREAS, Lennar is the owner of all of the subject property described in the
Development Agreement less the PTC property.
Development Agreement less the PTC property.
WltEREAS, the City will not issue development approvals to PTC or Lennar unless
and untal the deficiencies and construction of Laconia Street and its drainage system are
corrected and Roseland Road is consa'ucted to the satisfaction of the City; and
WHEREAS, the City of Sebastian has negotiated an Agreement amending the
Development Agreement; and
WltEREAS, the Planning and Zoning Commission for the City of Sebastian, in
accordance with 163.3225, Florida Statutes, conducted a public hearing on the proposed
Agreement at a Special Meeting on February 8, 1996; and ~
WHEREAS, the City Council of the City of Sebastian, in accordance with 163 .~225,
Flor/da Statutes, conducted a public hearing on the proposed Agreement, and, subsequent
to dehberation, has determined that it would be in the best interest of the City of Sebastian
and its citizens, and in furth~ce of a valid municipal purpose, for the City of Sebastian to
enter into the Agreement with PTC Enterprise, Inc. and Leunar Northeast Parmers Limited
Partnership.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Scion 1. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian,
Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the
Agreement amending the Development Agreement with PTC Enterprises, Inc. and Lermar
Northeast Partners Limited Partnership, the proposed Agreement having been attached to this
Resolution as Exhibit "A" and by this reference is incorporated herein.
Section 2. RECORDING ANO SUBMITTAL. The original Agreement shall be
forwarded by the City Clerk to the Clerk of the Circuit Court for Indian River County for
recording. A copy of the recorded Development Agreement shall be submitted to the Florida
Department of Community Affairs by the Director of Community Development.
Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the City
Courier of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision, it shall further be assumed that the City Council would have enacted the
remainder of this Resolution without such invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately
upon~its adoption.
The foregoing
Resolution
was moved for adoption by Councilmember
The motion was seconded by Coun¢iknember
and, upon being put to a vote, the vote was as follows:
3
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Councilmember Louise Cartwright
Councilmember Norma Damp
Councilmember Ray Halloran
ATTEST:
The Mayor thereupon declared this Resolution duly passed and adopted this __
,1996.
CITY OF SEBASTIAN, FLORIDA
By:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Sea )
Approved as to Form and Content:
Cli~on A. McClelland, Jr.
City Attorney
4
. day of
This Agreement made this day of . ., 1996, by
and among PTC EI~TERPRISES, INC., hereinafter referred to as "PTC",
LENNARNORTHEAST PARTNERS LIMITED PARTNERSHIP, hereinafter referred
to as ,,Lender,, and the CITY OF SEBASTIAN, a Florida Hunicipal
Corporation, hereinafter referred to as "City".
RECITALS:
WHEREAS, the City and Sebastian Lakes Associates, hereinafter
referred to as "Developer" entered into a Developer's Agreement,
hereinafter referred to as the "Development Agreement" on February
9, 1994, to develop the real property (property) described on
Exhibit "A" to the Developer's Agreemen~ under the provisions of
Sections 163.3220 to 183.3243, Florida Statutes, and ~he Florida
Local Government Development Agreement Act; and,
WHEP~EAS, the Developer's Agreement required the Developer to
construct Laconia Street as a two lane facility from Grandeur
Avenue to Fel!smere Road; and,
WHEREAS, ~%e Developer undertook the construction of such
street, but there are deficiencies in The design and construction
of such street and its drainage system; and,
WHEREAS, Lennar and PTC acquired their respective interests in
the proper~y described in Exhibit "A" and Exhibit "B" attached
hereto as successors in interest to the Developer; and,
WHERF~$, PTC desires to obtain the development aDprovals to
commence construction on the "PTC Proper~y" which is described in
Exhibit "B" at~ached hereto subject to the Developer's Agreement;
and,
W~EREAS, Lennar is the owner of all of the property described
in Exhibit "A" to the Developer's Agreement less the PTC Property
(the ~Lennar Property") .
WHEREAS, the City will not issue development approvals to PTC
or Lennar unless and until (a) the deficiencies and construction of
Laconia Street and its drainage system are corrected, and (b)
Roseland Road is constructed to the satisfaction of the city; and,
WHEREAS, In order to obtain development approvals for their
respective projects, PTC will build Roseland Road and Lennar will
convey to the City the additional property to build Roseland Road,
and the construction on Laconia Street is to be divided as follows:
(!) PTC will undertake the construction of Laconia Street at the
intersection of Rose!and Road, and (2) Lennar will undertake al!
improvements to Laconia Street (other ~han ~he pa~ to be improved
by PTC), including any necessary drainage for Laconia Street: and,
WHEREAS, the pa~ies desire to reduce to writing their
understanding and agreements,
IT IS, THEREFORE, agreed as follows:
1. Recitals. The Recitals in this Agreement are true and
correct and are incorporated by reference.
2. Lennar Construction of Laconia. Lennar shall reengineer
and reconstruct Laconia Street and drainage facilities for Laconia
Street in accordance with the Approved Lennar Plans from Grandeur
Avenue to Fel!smere Road except for the improvements shown in
Exhibit "C" (which are the improvements required to be const.~/cted
by PTC in order to connect and align Laconia Street with the newly
constructed Roseland Road, which improvements are addressed in
paragraph 3 hereof and referred to herein as the "PTC Laconia
Street Improvements." All other improvements made to Laconia
Street pursuant to this paragraph 2 shall be referred to herein as
the "Lennar Laconia Street Improvements.") The reconstructed road
skal! include construction of an adequate surface and subsurface
drainage system to build and maintain the road. The reengineering
shall include the collection and analysis of geoCec.~nical and
materials information, including but not limited to asphalt and
base course ~hicknesses with full gradation testing of ~e existing
pavements on both the northbound lane and the twelve foot (12')
wide sout~kbound lane. Soil testing shall be performed to determine
the suitability of the sub-base material for the roadway support.
The reengineering analysis must include alternate pavement
remediation plans including groundwater controls. The new roadway
must meet standards outlined in ~he City of Sebastian Land
Development Code, Article XVI!, Required Improvement and Design
Standards. Lennar will submit revised engineering plans (the
"Lennar Plans") and technical information to the City Engineer
within sixty (60) days of the execution of this Agreement. The
revised engineering plans and reconstruction of Laconia Stree= and
its drainage facilities must be approved by the City Engineer (the
"Approved Lennar Plans").
She new roadway and drainage facilities must be reengineered
and substantially constructed by Lennar within two hundred fifty
(250) days from the date the Lennar Plans are approved by the City
Engineer. The City's Engineer will inspect the road and drainage
facilities wit//in fifteen (15) days after notice from Lennar that
the road and drainage facilities are completed. Lennar will
correct any deficiencies within thi~y (30) days if ~e City's
Engineer finds any such deficiencies from the Approved Lennar
Plans. Lennar will post a Performance Bond in the amount of
($ )
winh the City to secure the performance of its obligations under
this Agreement. The Performance Bond must be approved by the City
Manager and the City Attorney. Such Performance Bond must be
issued by a surety which is authorized to do business in the State
of Florida. Such surety shall be named in the current list of
"Companies Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Companies" as
published in circular 270 (amended) by the Audit Staff Bureau of
Accounts, U.S. Treasury Department. All bonds signed by an agent
must be accompanied by a certified copy of the authority for the
agent to act for the surety.
On completion of all improvements and prior to the release of
the performance bond, the engineer of record for Lennar shall
provide an affidavit indicating ~kat all improvements have been
constructed in accordance with the Approved Lennar Plans. Upon
delivery of such affidavit and the completion of the improvements
to t~he satisfaction of the City, then either (a) if ~e PTC Laconia
Street Improvements have been completed, the City shall accept the
Laconia Street improvements into its permanent maintenance pro,ram,
or (b) if the PTC Laconia Street Improvements have no= been
completed, the city shall agree to accept the Lannar Laconia Street
Improvements into its permanent maintenance program upon completion
of the PTC Laconia Street Improvements. The completion of the
Lennar Laconia Street Improvements will be deemed satisfactory to
the city if Lennar causes all deficiencies from ~Se approved Lennar
Plans identified by ~%e City's engineer during his inspection to be
corrected to the reasonable satisfaction of ~he city.
3. PTC ConstrD..q~.~pD o~ Laconia. PTC will undertake the
construction of Laconia Street at the intersection with Roseland
Road in accordance with the plans and specifications which are
attached as Exhibit "C." The plans and specifications for the PTC
Laconia Street Improvements attached hereto as Exhibit "C,"
together with the Approved Roseland Road Plans (as defined in
paragraph 5 below) shall be collectively referred to herein as the
"Approved PTC Plans."
PTC will apply for a building permit and all subdivision
approvals as soon as possible after the execution of this
Agreement. PTC shall substantially complete its improvements to
Laconia Street within 210 days after the issuance of a building
permi== by the city of Sebastian. The City's Engineer will inspect
the road and drainage facilities within fifteen (15) days after the
road and drainage facilities are completed. PTC will correct any
deficiencies within thi~y (30) days if the City's Engineer finds
any deficiencies. PTC will post a Performance Bond in the amount
of ($
with the City to secure the performance of its obligations under
this Agreement prior to issuance of the building permit. Such
Performance Bond must be approved by the City Manager and the City
Attorney. Such Performance Bond must be issued by a surety which
is authorized to do business in the State of Florida. Such surety
shall be named in the current list of "Companies Holding
3
Certificates of Authority as Acceptable Sureties on Federal Bonds
and as Acceptable Reinsuring Companies,, as published in circular
570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury
Department. Ail bonds signed by an agent must be accompanied by a
certified copy of the authority of the agent to act for the surety.
On completion of all the PTC Laconia Street Improvements and
Roseland Road and prior to the release of the performance bond, the
engineer of record for PTC shall provide an affidavit indicating
that al! of ~Se PTC Laconia Street Improvements and Roseland Road
have been const~ucted in accordance with the Approved PTC Plans.
On completion of the PTC Laconia Street Improvements and Roseland
Road in accordance with the Approved PTC Plans, the City will
accept such improvements into its permanent maintenance program.
4. Right of Way Deeds and Easements. PTC shall dedicate
utility easements to Indian River County in a form approved by the
County to provide for public water and wastawater facilities as
described in Exhibit "D." PTC will dedicate drainage easements to
the City for the drainage of Rose!and Road as described in Exhibit
"E." The easements shall be in a form approved by the City
Engineer and the city Attorney.
5. Roseland Road. In accordance with the Developer's
Agreement, PTC wi!! const~ct for ~he City a two lane road with
turning lane and drainage facilities known as Roseland Road from
Fellsmere Road (C.R. 512) to Laconia Street within 210 days after
the building permit is obtained by PTC. The roadway and drainage
facilities will be designed and constructed in accordance with
good engineering practice and the plans PTC has submitted to the
City shown as Exhibit "F" (the "Approved Rose!and Road Plans").
The City's Engineer will inspect the road and drainage facilities
within fifteen (15) days after ~Se road and drainage facilities are
completed. PTC will correct any deficiencies within thirty (30)
days if the City's Engineer finds any deficiencies.
6. Relocation o~ Rose!and Road. The right of way on the
property for Roseland Road must be relocated to align properly with
the Roseland Road right of way north of C.R. 512. Lennar will
convey to the City the real proper~y described in Exhibit "G" and
quit~elaim to PTC the real property described in Exhibit "H"
simultaneously with the City's vacation of the real property
described in Exhibit "5," the City's quit-claiming the real
property described in Exhibit "I" to PTC, and the payment by PTC to
Lennar of cer~ain sums of money, the amount of which is set forth
in a separate unrecorded agraement between Lennar and PTC.
7. Joint cooDeuation. PTC and Lennar ack, now!edge Laconia
Street provides access to occupied residential units. Access to
the residential units must be maintained at all times during
construction. PTC and Lannar must cooperate in engineering,
scheduling and conducting the construction of the roadway and
4
drainage improvements for Laconia Street and Roseland Road in order
to provide for the maintenance of traffic, maximize public safety,
and minimize public inconvenience. PTC and Lennar, within ten (10)
days of the execution of this Agreement, shall provide the City a
written plan coordinating and scheduling the engineering and
const,--uction which will accomplish these objectives. This plan
must be approved by the City Engineer (MasUel!er & Moler, Inc.)
prior to the commencement of construction of any road or drainage
improvements. The city Engineer shall approve the plan within
thirty (30) days of the date it is submitted. If the City Engineer
does not disapprove the plan within such thi~y (30) day period, it
shall be deemed approved by the City Engineer. if the date of
approval is more than ten (10) days after the date of submittal,
the time for completion of the Lennar Laconia Street Improvements
will be extended by the number of days in excess of ten (10). The
cost of implementing the plan shall be split equally between PTC
and Lennar. PTC and Lennar's compliance with the plan after
approval by the City Engineer is considered a material duty
obligation of each ~nder this Agreement.
8. Comp!etlon of. Improvements. PTC must complete all of the
improvements for which PTC is responsible on Roseland Road and the
PTC Laconia Street Improvements and the final pla= for Tracts 1 and
2, described in Exhibit "B", must be accepted prior to the issuance
of a certificate of occupancy for any part of the PTC Proper~y.
9. Separate Resuonsibili%z. PTC and Lannar will be
responsible for carrying out their respective duties and
responsibilities under ~is Agreement, but shall not be responsible
for fulfilling ~he duties of any other party under this
Agreement.
!0. Notice Provision. Ail notices, requests, consents, and
other communication required or permitted under ~Sis Agreement
shall be in writing and shall be (as elected by the person giving
such notice) hand delivered by messenger or courier service, or
mailed by registered or certified mail (postage prepaid) return
receipt requested, or sent by overnight carrier (such as Federal
Express) addressed to:
IF TO PTC
Patrick T. Christiansen, President
PTC Enterprises, Inc.
!2th Floor Citrus canter
255 South Orange Avenue (32801)
Post Office Box 231
Orlando, FL 32802-0361
IF TO LENNAR
Lennar Northeast Par~ners,
Partnership
c/o Lennar Partners, Inc.
600 Peachtree Street, Suite 3500
Atlanta, GA 30308
Limited
WITH A COPY TO:
Rubin, Baum, Levin, Constant, Friedman &
Bilzin, P.A.
2500 First Union Financial Center
Miami, FL 33131
Attention: Audrey Ellis, Esquire
IF TO THE CITY:
city of Sebastian
Attn: City Manager
1225 Main Street
Sebastian, Florida
32958
11. Bui!din~ Height. Lennar and PTC agree to limit the
building height on the real property described in Exhibits "A" and
"B'~ to a maximum of thirty-five (35) feet.
12. Amendment to DeveloDe~.'s Acreement. This Agreement
constitutes an Amendment to the Development Agreement dated
February 9, 1994, and any provisions of that Agreement which are
not specifically amended in this Agreement shall remain in full
force and effect. In the event of any inconsistency between the
provisions of this Agreement and the Developer's Agreement, the
provisions of this Agreement shall qovern and control;
13. Sever~bilitv. if any provision of this Agreement is held
Zo be invalid or unenforceable by a Court of competent
jurisdiction, the other provisions of this Agreement shall remain
in full force and effect.
14. Entirety: This Agreement represents the entire
understanding and agreement between the par~ies and no o~her
agreements, either oral or written, exist between the parties.
15. Effective Date. This Agreement shall be effective upon
its execution by all pa~ies.
IN WITNESS WHEREOF t_he parties hereto have set their hands and
seals the day and year' first written above.
ATTEST:
CITY:
THE CITY OF SEBASTIAN
Kathryn M. O'Halloran
~C/AAE, City Clerk
By:
ArThur L. Firtion, Mayor
Approved as to Form and Content:
Clifton A. HcC!elland,
City Attorney
PTC ENTERPRISES, INC.
BY:
Title:
Jr.
LENNAR
PARTNERS ,
PARTNEItSHI?
NORTHEAST
LIMITED
HOLDINGS, INC.,
parUner
NORTHEAST
General
By:
Hark P. Griffin
Vice President
.,=o~.,.~;~ ......... = '~H= SCUTH LZ]~ OF 7ELLSMERE RC~ ,,~n~C]~ ZS ALSO
RC'SELA=~D ROAD; T:~NCE RS~ SOUTH ~ 2 ' 15 ' 15" EAST ALONG SAiD
CUPJZXTURE; RL%[ Ti~MCi ;!LONG SAiD CUR~ TO THE LZPT WiTH SAiD ,CURVE
z .... iSTZ-Z~Ci C.F ~2.95 FELT, A ~NG_.. OF 78 ;,' ~_ _,
O0:Z4 ' 25:' WEST i D!ST~NCi 'CF !225.46 F~ET; TSE/~Ci Rb%~ SOUTH
LEGAL DESCRiPTiON FOR '~ ~:~~ i
---~ =~'., C F ~'=____ PUB BiO RECORDS .0~_ ~ND..~r ~ ~ RiVeR COUNTY, F~ORiDA,
~'~R~iONS OF YACATED RiGHT-OF-%~AY '~
...... ~=.~. ALC}~G ~E._ .:~u~"~ LiNE OF F~L~S~(ERE RO~, '~iCH iS ALSO
'~>'rC= OF i~2 7~ F~=~ TO ~''
:%LCL~G SAiD SCUTI~RLY RZG~T-OF-WAY SOUTH 37~3'~5'' WEST A
~= -an.s, :==T EO '~k EASTWarDLY :~"~ ~
RC.~; '~:~c~ R~- SOUTH 52~15'~'' EAST ALONG SAiD ~ ~'
.......... ~AS · ~u. RIGHT-
CF-WAY A DiST2~=~Ci CF 729.24 FEET TO A POINT OF CURVATURE; RUN
'I!{ENCE ALC~TG SAiD CUR~ mO '~== ~=zT
..... --- '~'_n SAiD CUR~ ~LAVi}IG A
~: 5ACONEA STREET', ~]~Cl RUN KORT~ 00~t'26
'.'::~T'-~ k D/ST3Z'~C2 CF 396.74 T~E~'~, TI{E~ICE R%~- SOUTH 37'42'~5
R~ SOUTH 78 59'56 WEST : DZST.%~C~
.............. ~_STDIICE OF 175.26
:*~-~ TO ~'~ POZ}~T OF BEGiIINiNG. SAiD 9~RCZL ~N=A~.~e 7 c~ ACRES,
HCRE OR LESS.
ATTXC]-_'2'.iENT "C"
.-_:' _-'-C:~'~'r""',~_~ _ _.~ OF ~RACT "i" , iCCORD?NG "'"'~.,,,, ".._;_E~"4 "' "' ~ '""~ '-' ~r,~ OF
.. ,u.~. 3OCK ~? 9-%GES ii AND ~-'~., OF
L A.'-~ES U%~'T ONE, AS ~ECORDED '-N =' '~
--.-;:~ ,~ 'qa''z ~- LACONIA STREET,
PkP. TZCULARLY DESC?.ZBED ~.S'
--~4 ....... ,-- -~ '~ =i~iENC= RUN
,_.. .... _-_,,...=_,,= ~,_., :.:E -~'CRT!r=RLY MOST CCRNE!{ O~ TP~CT .-
· .:~,c. ~ .,~_..'- '~ _ :~=0,~ ',HE SOUT~-~ LZNE ~'-',.~ :z,'.~.,oM~,.~*-- ~,Oz2_~., ,'~-'-'-_''.-..': rS A,,SO
~"~.-- :,fCRTI£ LiNE OF TR:%CT "A:' .~ BE£*_RZNG CF SOUTH 37*43' '~" WEST, z
. -T, ~ .... RUN ' ~ "
~zSTza_.',~CE OF ~ ] 72 F~--. ~.=NC~ SCUT]E ~2: ~ 3 EAST DiSTz~CE
C.F !7~.2~ FEET; TEENCZ R~ NCRTI{ 73:59'56" EAST A DiST~2qCE OF 40.33
7~_, TI{~NCE RL~ NCRT!{ 37~%3'43'' z~S~, .~ DiST.~C~ OF i~0 91 FEET =~
TiiE WESTERLY RZGET-CF-W~/f LiNE OF 5ACONiA STREET; TXENCE R~ ~30RTi{
PkRCEL CONTAINS i 39 ..CR~.~ .... OR L~SS
LES-IL DESCP. rFTiCN FOR zlDDiTZQNAL RCSEL.~'CD ROAD
....... ~ ..... ALONG ,~r a~'UTn LiNE OF F~LLSMERE RC~, ~iCi{ iS ALSO
......... ~. mE~aNN__IG, THENCE CONTiI~'E
ALONG SAiD SOUTHERLY RiGH~-,RF-W:V SOUTX ' ~ ' "="
.... :, ~ ~- WEST A DiSTD~CE
CF 70 57 FEET' '~XCX R~ SOUT~ ~2~!6 .... '
' ~ a:' aAST A DIST~C~ OF
-~ ~ : POi~ OF CURVATURE', RL~ ~=wNC=_.._ - ALONG SAiD CURVE TO
RIGHT WI~= SAiD CL~ i~.V~NG a ~!US OF 225.00 FE=~ ~ CHORD
BEARING Or_ SOUTH 2~:~'a~:'__ -- EAST, ~ CLCRD DiST~CX OF ~96_ .~u~ rE'~ ET,
Fl~ ~,~,~ ...... l ~CrNm ,~.~r CURVATURE.: RUN THENC~ ALONG SAiD CUR~ TO TEE
LEFT :.'~-~: ~cA.=-D. CUR~ FLAViNG A ~ZUS nF 225.00 YEv= i Ci{ORD
B_.~.,~:~ CF >TORT[{ ~6 22'43" ~ST, A CHORD DiST~C~ OF !96.~0 FEET,
· -~,_. :2 ~!6 i-' WEST A
CF 573.:~ :EE= ~n 'r=~ POinT OF BEGi~iNG SAiD ~RCEL
!.2! ACRES, M~RE OR LESS.
LEGA=' DESCRiPTiON FOR v~"rro ...... ~.-,v ..... =~a=PP~N~
.-_u~,~R~Z~TG TO ~= RECORD FLAT
Z~j,~_4ENCii'[G AT '~.i--ZE >TORT'_-ZERLY MOST C~i~_NER O? '~R~C~ "~:'' TEENC! Rb~
.~_,'~_.~D~ A=~NG zH~ SOUT7~ LiNE OF TELLSI~RE RC'~
~== NORTH LiNE O=- ~CT "~:', ' ~E~./NG 0F SOUTH
D=~.~C= 0F ~79 ~9 iTT. 'lO ~HE POINT CF BEGiNNiNG; ~='- -
ALONG~.~'~ ~uu~"'~r~z~n~.~ RZGbZT-CF-;,¢AY SOUTH 37~43 'a~' .... WEST ~ DZSTA~NCZ
OF 25.00 FEiT; TZ~NCi R~ SCUTZ~ ~2~15'!5'' ~_ST A DISTaiN-CE OF 574.14
TE,,="~ ~, THENCE RL~ NOR~- 37~43'45'' EAST A DZST~=NCE OF 23.00 TH=,'-~,
THENCE R~ff ~" 52~! '" W~ST A DiST~aNCE OF ~74 ~ FEET TO THE
POINT ~=F 3EGi2,~'i}rG. SAZD ~.~.CIL ~,~N=AmNS ~ ACRES, MCRE OR LESS
,-'4ORE
CC'-.'E-:ENCiNG AT ~'=E=,. XORTH.~RL;Z HOST C..~RN,~...~ -~ OF ~-:'~-~ "~" ACCORDING ~.
THE RECORD PLAT OF S~Ic~v~v r ~
......... =, L.~KES b~== ONE, AS RECORDED
SOCK ~ PAGES ~' ~D ~ ~ 2, O~ r'~
............... CqE LZC RECORDS OF i~izLY RSVER
BEARZi{G ,DF SOUTH 37 ~ '~S'a'~'' '-=~ '
-.~._',~ ,u= ~a=~z_fG; THENCE CONTINUE ALONG SAiD SOUTHERLY RZGHT-OF-
~ 4~ W~ST ....: DZSTz~Ci OF 70 57 TE~.~ TO TT{E EASTW.~DLY
n-=__~-Oe-wA~ LiNE OF ROSELAi~ RC~; T~NCE R~ SCUT~ 32~15~!5'' EAST
ALONG SAiD E.2~TWA~LY RZG~T-OF-WAY A DZSTI~Ci OE 729.24 FE~T TO A
o~= ~- EAST, A C:~CP~ DiSTz~N'Ci OF 52.95 FEiT, A aZNGT~ OF 78.27
........ -', .... ~AC~N~A STREET;
RUN :qORT:{ 00~24'25:' W~ST ~ ~'~ ~ - i7 75
· CAl~ ~ P3~C!L CONTAINS 1.23 ACRES, MO~ OR LESS.
?AETZCULARLY DESCRibED AS'
~-'==J~,~4~ 'zH- gORTHERLY MOST CORNER CF T~ICT
T]~E R~CORD~r~,~ OF SEBASTZ_~ L~S ~ZT ONE, iS RECORDED l}[ ~LAT
.... N~_, IaCRZD~.; THENCE RU~? ]~ESTW~-RDLZ ALCN-G T='= NORTH LiNE OF
LACONIA STREET, WHICH ~S ALSO '_E=~ - EAST .LINE OF TRACT
~r SOUTH 00~?'~'25" EAST, ~ DiST~%~CE OF !!ST.:3 ·
']'~'24'25" "~' z DiST}z~CE CF !207.~ ---~'
" '~ ~ .... F:~ , Ti~NC~ RUN SOUTH
37~4'3'~_"'~" WEST, · D/ST}=~CZ OF i5.20 F=-~=E' TO ~'~E~_. POINT OF 'BEGZ~ZNG.
SAiD P.~C~L CONT!fNS 0.28 ACRES, MORE OR LESS.
LZGAL DESCRiPTiON FOR PROPOSED S~.WEP, LiNE
PORTION OF T~%CTS "C" AND ,,r,,, ACCORDING ~'~..~ "'-:-E__a RECORD u. r~=*- OF
SEBASTiA=~ LAKES UNiT ONE~ AS RECORDED iN PLAT SOCK 12, PAGES li
.......... '- ~u~= _ , FLORIDA, MORE
.............. = .... ~ ............ ; TI~NCi RUN
-SCUTHERLY ALONG T~ ~ST LiNE OF FELLSM~E RCA~, W%ZCH iS ALSO THE
}-[CRTH LiNE OF '~ ' "A" ~ '~'- . ,~ -~ i~"
DiST.~.fCi OF !08~ 29 FE~T ?0 ~'~ WESTERLY R~=~ ~ -- v
...... =..=-~F-wA. LiNE OF
P, CSELD~fD P,O~; THENCE RUN ~r~-=
~=~-. 52 ~6':5" EAST ALONG z
RCA~ a ~rST4~C~ OF 615.37 F_E= TO
.... =' '~i~ POINT OF BEGiNNiNG; T~NC!
EU!,F~OUTH 37'13'4~ '= ~
- -" ,~-S=_i DIST.~CE CF 52 . a~. ~ FEv_,_~. T~NCI RL~ SOUTI{
32~i6'!5'' EAST A DiST~YCE OF 13.00 FEET; TI~NCE R~ NORTH 37~43'~5''
EAS~_ . A DiST~CE OF S2.9a' ~='~'~ -~, T~NCE R5~ NORTi{ ~2~!6~15" ~ST A
DiST~iX~CE OF iS.GO Fr,. TI~ = ~ ~
.E~ TO -O~N~ OF BEGi~iNG. SAiD
~_A=,'~ C. 02 ACRES, MORE OR LESS.
~ESCPZSEE AS:
~ ...... -~.C S T
.,.~- ., .._:~i~:- ~ORTHERLY CORNER OF ~_CT "A" ,
,~ ...... ,~__~G :~ ACC0~iXG TO
~'~ RECORD PLAT OF SEBASTiAi~ L~2<ES "-~ ~.[~, RECORDED IN =5AT
SCOK 12, PAGES ll :LND i!A, OF TH~ PUBLIC RECORES OF Z~IA=~ RZVEP.
P. iGH!-OF-WAY l~ OF F~LLSMERE RgA~ C~r~v ROA~ ~12) ~ DiSTB=YCE OF
:~u.. .... ~a~- ~OST CO~ED OF T~CT :'~" OF S~BAST~D~ L~S UNIT ON~,
.%S ~.~CCRDED IN PLAT BOOK i2, PAGES !! ~:~ iiX, OF '~ PUBLIC
RECORDS OF i~iz~ Ri~R CO~TY, FLORIDA; TI~NC~ R5~ SOUT5 52~i6'!5
EAST ALONG THE NORTHERLY LiNE OF LAST SAiD {~%CT "B" A D!ST}_NC~ OF
7~3 ;~0 TE:~' TI~NCi RL~ SC:UTE{ 00~2i'25'' EAST ~ 3iST~C! OF ~7 74
FEY=-' ?0 tEE POINT OF CURVATURE OF A CL~VE CONCAVZNG W~STERLY
~E~A A=NGLE OF 28 5D 08", ~ CHORD LENGT~
k F~ZUS OF 25.00 .FEET, A ~ ~m' " '
~ 1~.32 FEET, : CiqOP~ BE~ZNG ~= SCUTi{ ~"
~= 05 ~8 WEST, R~ ALONG
SAD= ..... R~ .: LENGTH CF ~ ,' . ,' = FEET DEP;~TiNG LAST SAiD
· THENCE RL~ ~ORTH S2~!5'!5" WEST A DiST~C~ 0F 763.79 FE~T
:n~-,r~. ~ .... ON' '.:lET* EASTERLY RlGHT-OF-%4AY LiNE OF FELLS~RE ROA~; ~NCE
DZSTANCi 0:. 20.00 F=-,~:~ TO TP~ POrN~__ ~ OF ~EGi}~iNG. ~oA_Dr
CCi,TTAiNS 0 .LZ ACRES, MCRE OR LESS.
VACATED SOUTH PORTION OF ROSEL.a_N'D ROAD
A PORTION OF ~..~_ VACATED R'.-GET-OF-WAY FOR RCSELA.MD ROAD, MORE
~=~--rm AT T:~ZE NCRT.~-ERLY MOST CORi~ER OF
........ ~'~'~ ACCORDING TO
'-*~ ~.-~P~ ~LAT OF SEBASTZ~a~ L~Z~S b~'ZT ONE, AS ~CORDED ~N -LAT
3CC. K 12, PAGES Ii ~ !!A, OF THE PUBLIC RECORDS OF i~D!z~=~ RIVER
-~N~ . ~ FLORIDA; THE~Ci Rb~ SOUTH 37:43 ' 4f~' WEST ALONG '~!~ EASTERLY
RZGi{T-CF-WAY ~JE OF FELLSMERE RO~ (~b~. RC~ 5 ) A DiSTz~CZ OF
=6~. ,'2 rvr~ TO m=r POXNT OF BEGi~ZNG' TP~NCE Rb~ SOUTH 52~ '.~
EAST A DXST~CE OF 763.79 ~ET
WESTERLY FO. ViNG A ~IUS OF 35.00
! CHCP3 BEn, lNG OF SOUTH 72:09'24" W~ST, A CHORD LENGTH OF 48.25
FE. RL~ ALONG SAiD CL~ A DIST~CX OF
,-~. ~--~= ~STERL~ ~VENG A ~IUS OF 225.00 FEET, A DELTA
AP,rGLE ~3F 15~58'2a'', A CHCP~ B~ZNG OF JOR~n~_"e~=7~0~_ _" WEST, :~ND A
CHORD LENGTbl OF 66.41 FEET, R~ ALONG LAST SAZD CUR~ A DiST.U=~Ci
~6.66 FEET; TI~NC~ R~ N'ORTH ~2~i~t5'' ~ST A DiST.~Ci OF 670.82
FEET TO A POINT ON Tr~E LASTERLY RIGHT-OF-WAY Li~ OF FELLSMERE
ROA~; THENCE R~ NORTH 37~%3'45" EAST ALONG LAST SAiD RZGHT-OF-~'AY
LiNE A DiSTaNCE OF 30.00 FEET TO T!qE POINT OF BEGiNniNG. SAiD
PARCEL CONTAINS 0.53 ACP~S, MORE OR
ATTACi~MENT "K"
LEGAL DESCRiPTiON FOR
THE VACATED .'DEEDED PORTION OF ROSELAzYD ROz=~D
A PORT!ON OF THE VACATED R.ZGiqT-OF-WAY OF RCSELAND ROAD, :{ORE
PARTICULARLY DESCRIBED AS:
CCb-~{ENCiNG AT T!qE NORTHERLY MOST CORNER OF TRACT "A", ACCORDING TO
THE RECORD PLAT OF SE3ASTi:%2¢ r._A_'¢S.S UNiT ONE, AS RECORDED iN PLAT
BOOK 12, _~AG7~S ii AND 1iA, OF T'_~E PUBL.'-C RECORDS OF i~N-DiA2~ RIVER
~w~., FLORZDA; Tk~NCE RUN ~OU~.. ~,o WEST ALONG T~E EASTERLY
RiGHT-OF-WAY LiNE OF FELLSMERE RO~ (COb~TY RO~ 5~ 2) A DiSTz~CE
993.72 FEET TO 'UH~ POINT OF SEGZ~ING; T~ENCi Rb~ SOUTI{ 52~!5'15"
EAST A DiST.~'CE OF 670.82 FEET TO A POINT ON A CUR~ CONCAVZNG
SCUTi~RLY ~AViNG A ~!US OF 225.00 FEET, A DELTA ' .~GLE OF
18: 58 ' 28", A CEO~ B~ZNG OF SOUTH 43~ 47' 0!" EAST, A Ci{ORD LENGTH
OF ~6.41 FEET, RL~ ALONG SAiD CL~ A DIST,=FOE OF 66.86 FEET TO A
POINT ON A C5~ CONCAViNG NORTHERLY bLIViNG i ~a~iUS OF 35.00 FEET,
- J~.- ~=~GLE OF ~:~a'39"~ A CEC~ B~R%NG OF NORT5 58~!~04''
WEST, A CHO~ LENGTH OF 7.31 F=-~,E~, R~ ALONG SAED CUR~ A D,~.~NC~2
OF 7.33 FEET; TET~[Ci Ri~ ~ORTH 52~18'!5" WEST A DiST~YCE OF 729.2%
FE==~ ~_~ ..a POINT 0N TP~ EASTERLY RiGHT-OF-WAY LiNE CF
RO~, ?E~NCE RL~ NORT5 37~43'45:' EAST ALONG LAST SAiD RiGbiT-OF-WAY
LiNE A DiST~%YCE OF 10.57 FEET TO Tb~ ~OINT OF BEGi~iNG. SAiD
?.~RCEL :CONTA2NS 0 . 17 AC..-~, .
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 329~8
TELEPHONE (407) $89-5330 a FAX (4.07) 589-5570
March 7, 1996
Mr. Ron Howse, P.A.
P.O. Box 701323
St. Cloud, FL 34770-1323
Re: Sebastian Lakes Modified Developer A~eement and Real
Property Vacation and Transfer
Dear ,.Mr. Howse:
f am wr/ting this letter as a follow-up to the br/eftetephone conversation that we had
Monday wherein, [ had advised you that a representative of Flor/da Power and Light
would be m contact w/th you on the fbllowing day. h~ addition to the outstanding issue
to be resolved between your clients and Flor/da Power and Light, there was the issue
also relative to a comment received from indian River County. Based on a phone
conversation between you, Nh'. Jim Davis, Public Works Director for indian River
County and myself, it was thought that this was a minor ~tch in a leg-al description that
could easily be resolved. As of this date, I have no information retadve to the corrective
action wh/ch may have been taken.
The City of Sebastian also had concern about obta/n/ng appropriate easements to
support the e,,dstmg catch basins presently located/n the rift-of-way of Laconia which
is to be vacated, it was suggested by Mr. ,rolm H_ill, a consulting en~mneer on behalf of
the City of Sebastian, that a blanket drainage easement or sites specific drainage
easement for those facilities would suffice.
Mr. Ron Howse,
March 7, 1996
Page #2
P.A.
These items as ~ recall were the outstanding issues currently not resolved which need
to be addressed and resolved prior to the next City Council Meeting, to be held on
March 13, 1996.
In closing, I would like to clearly state the City's des/re to move forward with the
development of the Wirm Dixie on the proposed sites, however these outstanding
issues are matters of great public importance and need to be resolved m advance.
If you have any questions regarding th/s correspondence or any pos/t/on of the City,
please feet free to contact me at your convemence.
Very Truly Yours,
Thomas W. Frame
City Manager
TW'F/jmt
cc: Arthur L. Fin/on, Mayor & Sebastian City Council
Clifton McClelland, City Attorney
Cornmumty Development Department
'Richard B. Votapka, Public Works Director
-Earl Masteller, P.E., Masteller & Moler
UBRA~y
SEBASTIAN LAKES
UD-R
~0
t~
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [~ FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Public Hearing on
Proposed-Or.~inance O-96-09
Transfering & Vacating Real
Property In Regards to Sebastian
Lakes
Approval For Submittal By:
City Manager ~c~
AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 03/07/96
For Agenda Of: 03/13/96
Exhibits:
1. Proposed Ordinance 0-96-09
2. Letter dated 3/7/96 To Ron Howse
From City Manager
3. Location Map
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
-. SUMMARY
This is a continuation of a Public Hearing which would transfer and vacate real property for
Laconia Street and P, oseland Koad.
(~Note: Council Members may desire to retain their Agenda material from the February 28,
1996 Council Meeting.)
RECOMMENDATION
If all matters as outlined in my letter to Mr. Howse have been resolved, and if' the Council
is in agreement with all other issues, that the matter be approved. If these issues as outline/~-'-~
in the Manager's letter are not resolved.then this matter should be continued.
ORDINANCE NO. 0-96-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF CERTAIN
REAL PROPERTY IN THE CITY OF SEBASTIAN~ AUTHORIZING THE
TRANSFER AND EXCHANGE OF CERTAIN REAL PROPERTY IN THE
CITY OF SEBASTIAN TO ALIGN PROPERLY ROSELAND ROAD SOUTH
OF C.R. 512Y PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT~ PROVIDING FOR
SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. 7_
WH~RE~, the City of Sebastian, Florida (city) entered intoan
Agreement ~ith PTC Enterprises, Inc. (PTC) and Lennar Northeast
Partners Limited Partnership (Lennar); and
WHEREAS, PTC is required to construct Roseland Road from C.R.
512 to Laconia Street; and
WHEREAS, the proper alignment of the new road with the
existing Roseland Road north of C.R. 512 requires a realignment of
right-of-way; and
WHEREAS, Lennar is required to reconstruct part of Laconia
Street under the Agreement; and
WHEREAS, the owners of the adjacent property have agreed to
convey the property necessary for the realignment of Roseland Road
in exchange with the City's vacation and transfer of part of the
existing right-of-way for Roseland Road; and
WHEREAS, the vacation of part of Laconia Street is necessary
to provide screening and limitation of access from Laconia Street
to the PTC project; and
WHEREAS, the city Council of the City of Sebastian finds that
such vacation and transfer is in the public interest and the
additional property being acquired for Roseland Road is needed for
a City purpose; and
WI~EREAS, the property being vacated is no longer needed for a
City purpose.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. R~CITALS. The recitals set out in this Ordinance
are true ~nd correct. This Ordinance is adopted under .the
provisions~of Section 2-93 of the Sebastian Code.
SECTION 2. VACATION. The City of Sebastian hereby vacates
the real property described in Exhibit "H" which is incorporated
herein and made a part hereof.
SECTION 3. EXCF3~N~E. The City of Sebastian hereby authorizes
the Mayor and Clerk to execute a Quit-Claim Deed conveying the real
property described in Exhibit "i" to PTC.
SECTION 4. CONVEYANCE TO CITY. Lennar shall convey to the
City the real property described in Exhibit "G" simultaneous with
the City's vacation of the real property described in Exhibit "H"
and the City's delivery of a Quit-Claim Deed for the real property
described in Exhibit "I." Lennar shall furnish title insurance to
the City or an attorney's Certificate of Title evidencing either
insurable title or marketable title in Lennar's name, free and
clear of all encumbrances unless the holders of any lien join in
the conveyance for the real property described in Exhibit "G."
SECTION 5. DELIVERY OF THE QUIT-CLAIM DEED. The City Manager
is authorized to deliver the Quit-Claim Deed to the real property
described in Exhibit "!" upon receipt'of a Warranty Deed for the
property described in Exhibit "G."
SECTION 6. SEVERABILIT¥: If any section or part of a section
of this Ordinance is declared invalid or unconstitutional, the
validity, force and effect of any other section or part of a
section of this ordinance shall not thereby be affected or impaired
unless it clearly appears that such other section or part of a
section of Lthis Ordinance is wholly or necessarily dependent upon
the secti ~n or part of a section so held to be invalid or
unconstitutional.
SECTION 7. CO~rFLICTS: Ail Ordinances or parts thereof in
conflict herewith are, to the extent of such conflict, superseded
and repealed.
SECTION 8. EFFECTIV~ DATE: This Ordinance shall take effect
immediately upon its adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, THIS DAY OF , 1996.
PASSED AND ADOPTED BY 'THE' CITY COUNCIL OF THIS CITY OF SEBASTIAN,
FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF
, 1996.
The foregoing Ordinance was
Councilmember
by Councilmember
into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
moved for adoption by
The motion was seconded
and, upon being put
3
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1996.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Firtion, Mayor
Kathryn M.iO'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
4
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EXHIBIT "G"
LEGAL DESCRIPTION FOR ADDITIONAL ROSEL~ND ROAD
A PORTION OF TR_ACTS "C'~ A~ "F", ACCORDING TO THE RECORD PLAT OF
SEBASTI.LN LAY_ES UNiT ONE, AS RECORDED IN PLAT BOOK 12, PAGES !! ~
i!A, OF TEE PUBLIC RECORDS OF iNDIAN R!IFE~R COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS:
CO~ENCING AT TP~ NORTHERLY MOST CORNER OF TP,RCT "A"; THENCE RUN
~STWARDLY ALONG Tb~ SOUTH LiNE OF FELLSM~RE ROAD, ~!CE IS ALSO
TEE NORTH LiNE OF TP~CT "A", A BEARING OF SOUTH 37°43'45" WEST, A
DIST~=NCE OF 1013.72 FEET TO TEE POINT OF BEGINNING; THENCE CONTINUE
ALONG SAiD SOUTk~RLY RIGHT-OF-WAY SOUTH 37°43'45'' WEST A DISTANGE
OF 70.57 FE~; TheNCE RUN SOUTH 52°16'i5" EAST A DIST.A. NCE OF 729.40
FEET TO A F/DiNT OF CURVATUP. E; RUN THENCE ALONG SAiD CURVE TO T~fE
RIGHT WiTH ~A!D CURVE- HAVING A RADIUS OF 225.00 FEET, A CHO~,D
BEARING OF SOUTH 26°22'45'` EAST, A CHORD DIST_~NCE OF 196.50 FEET,
A LENGTH OF 203.35 FEET, TO TEE WESTERLY RIGHT-OF-WAY LINE OF
LACONIA STREET; T~NCE RUN' NORTH 00°29'!4'' WEST A DISTANCE OF 89.82
FEET TO A POINT OF CURVATURE; RUN THENCE ALONG SAID CURVE TO THE
LEFT WITH SAiD CUR%~ HAVING A RADIUS OF 225.00 FEET, A CHORD
BEARING OF NORTH 2~°22~45'' WEST, A CHORD DISTANCE OF 196.50 FEET,
A LENGTH OF 203.35 FEET, THENCE Rb~' NORTH 52°!~'!5'' WEST A DISTANCE
OF 673.84 FEET TO TiLE POINT OF BEGINNING. SAiD PARCEL CONTAINS
!.31 ACRES, MORE OR LESS.
EXHIBIT "H"
LEGAL DESCRIPTION FOR
THE VACATED NORTH PORTION OF ROSELA.N'D ROAD
A PORTION OF THE VACATED ROSELA_N'D RiGHT-OF-WAY, MORE PARTICULARLY
DESCRIBED AS:
CO_NLM~..~NCiNG AT THE NORTHERLY MOST CORNER OF TP~CT "A", ACCORDING TO
THE RECORD PLAT OF SEBAST!D_N LAKES UNiT ONE, AS RECORDED IN PLAT
BOOK 12, PAGES i! kND !lA, OF THE PUBLIC RECORDS OF INDiD_N RIVER
COUNTY, FLORIDA; THENCE RUN' SOUTH 37°43'45'' WEST ALONG THE EASTERLY
RIGHT-OF-WAY LiNE OF FELLSMERE ROAD (COUNTY ROD~ 512) A DISTANCE OF
933.72 FEET TO THE POINT OF BEGI~'ING, SAiD POINT ALSO BEING THE
NORTi~%~STERLY MOST CORNER OF TRACT "B" OF SEBASTiA_N LAKES UNIT'S'K,
AS RECOPDED IN PLAT BOOK 12, PAGES !i A_ND !!A, OF TF~ PUBLIE
P~CORDS OF iN~iD=N RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 52°!6'15T
EAST ALONG TEE NORTHERLY LINE_ OF LAST SAiD TP~CT "B" A DiSTkNCE OF
745.80 FEET; Ti-~-NCE Rb~ SOUTH 00°24'26'' EAST A DIST~_NCE OF 17.74
FEET TO THE POINT OF CURVATURE OF A CUR%~ CONCAVINGWESTERLY F~VING
A P==3iUS OF 35.00 FEET, A DELTA D=N'GLE OF 28°59'08", A CIqORD LENGTH
OF i7.52 FEET, A CHOP~ BED_RiNG OF SOUTH 14°05'08" WEST, RUN ALONG
SAiD CURVE A LENGTH OF !7.7! FEET; DEPD_RTING LAST SAiD CUR%rE,
TheNCE RUN NORTH 52°16'15" WEST A DISTANCE OF 763.79 FEET TO A
POINT ON THE EASTERLY RiGHT-OF-WAY LiNE OF FELLS~RE ROA~; THENCE
RO~ NORTH 37:43'45" EAST ALONG LAST SA~D RiGHT-OF-WAY LINE A
DiSTA=¥CE OF 30.00 FEET TO THE POINT OF BEGINNING. SAiD PARCEL
CONTAINS 0.52 ACRES, MORE OR LESS.
LEGAL DESCRiPTiON FOR
THE VACATED SOUTH PORTION OF ROSELD_N~ ROAD
A PORTION OF TEE VACATED RiGHT-OF-WAY FOR ROSEL~N~
PARTiCULD_RLY DESCRIBED AS:
ROA,.D, MORE
CO,._vE~'---NCiNG AT Ti-'_E NORTEiERLY MOST CORNER OF TRACT "A", ACCORDING TO
THE RECORD PLAT OF SEBASTiA/~' LA_K~S UNIT ONE, AS RECORDED iN PLAT
BOOK 12, PAGES !! A_,ND i!A, OF THE PUBLIC _~CORDS OF I-N-DI-~-N RIVER.
COUp-NTT, FLORIDA; THENCE RUN SOUTH 37°43 '45" ~EST ALONG T.~iE EASTERLY
RiGHT-OF-WAY L!N'E OF FELLSI~'CRE ROAD (COUNTY ROAD 5!2) A DiSTA_NCE OF
9~3.72 FEET TO THE POINT OF BEGiR-NiNG; THENCE RD-**' SOUT~ 52°16'!5"
EAST A DiST.~-.NCE OF 763.79 FEET TO A POINT ON A CUR%'E CONCAViNG
WESTERLY H. AVING A RADIUS OF 35.00 FEET, A DELTA ~_N-GLE OF 87°09'24",
A CHOP. D BEARING OF SOUTH 72°0~'24" W~ST, A CHORD LENGTH OF 48.25
FEET, RUN ALONG SAID CUR%'E A D!STA_m'CE OF 53.24 FEET TO A POINT ON
A CURVE CONCAViNG W-E_STERLY blAViNG A P~_DIUS OF 225.00 FEET, A DELTA
kNGLE OF 16:58'28" A CHORD BEA_RING OF NORTH 43°47'01" W~ST, A_%-D A
CF_ORD LENGTH OF 6~.'41 FEET, RUN ALONG LAST SAiD CURVE_ A DISTANCE OF
66.66 FEET; THENCE RUN NORTH 52°16'!5'' W~_ST A DiSTA_NCE OF 670.82
............ N_ OF FELLSMERE
:FEET TO A ~OrN'm ON ~=E EASTERLY RZGHT-O---W~V Lr '=
/ROAD; THENCE RUN NORTH 37 ~3 45 EAST _-.~ON= LAST SAiD RiGHT-OF-WAY
'~___/ LI..N-E A DiSTA_.NCE OF 30.00 FEET TO THE POiR'T OF BEGiNnING. SAID
PARCEL CONTAINS 0.53 ACRES, MORE OR LESS.
EXHIBIT "H" (Page 2)
I.EGAL DESCRIPTION FOR VACATED LACONIA RIG;~T-OF-WAy
A PORTION OF VACATF, D RIGHT-OF-WAY OF
PARTICULARLY DESCRIBED AS:
LACO~IA STREET, ~ORE
BEGINNING AT T~IE ~-;OR'r?~ERL¥ MOST COR~ER OF TRACT "A", ACCORDING TO
TI~E RECORD PLAT OF S~BASTIAN I.A~fES i~NIT ONE, AS RECORDED IN ['LAT
BOO;-~ 12, .PAGES i1 AND 1].A, OF THE PUELiC RECORDS OF ~'~D/AN R]VF.R
COUNTY,' FLORIDA; THE~-~CE RUN WESTWARD [,¥ ALONG THE NORTH LI~.;~~ Oi~
LA¢:ONIA..qTREET, WMICH IS ALSO TNE EAST LI};E OF TRACT "A", A P. EARI~;G
OF SOUTFI 00"24'26" EAST, A DISTANCE OF' 1.187.i.3 FEET; THE~;CE P~;N
SOUTH 52"16'15" EAST, A DISTANCE OF 12.71. FEET; THF. NCE RUN NORTH
00"24'26" W~ST, A DISTANCE OF 1207.72 FEET; THENCE R[;~ .qOUTH
3:7"43'45" WEST, A DISTANCE OF ]6.20 FEV..T TO T~. POI.~T OF BE~I~;~.;~..';~:.
SAI~) PARC.F. LiCONTAiNS 0.).8 ACRES, MORE OR LESS.
EXHIBIT "I" ."
LEGAL DESCRIPTION FOR
THE VACATED DEEDED PORTION OF ROSELAND ROAD
A PORTION OF TEE VACATED RIGHT-OF-WAY OF ROSELA_N~ ROAD, MORE
PARTICULARLY DESCRIBED AS:
CO._~E._NC!NG AT THE NORTHERLY MOST CORNER OF TRACT "A", ACCORDING TO
THE RECORD PLAT OF SEBASTIAN LAKES UNIT ONE, AS RECORDED IN PLAT
BOOK !2, PAGES il ~ND llA, OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; THENCE RUN SOUTH 37°43'45'' WEST ALONG TF_E EASTERLY
RiGHT-OF-WAY LINE OF FELLSM~RE ROAD (COUNTY ROAD 512) A DISTAN~ OF
993.72 FEET TO TI-IH POINT OF BEGINI~'iNG; THENCE RUN SOUTH 52°16'15''
EAST A DISTANCE OF 670.82 FEET TO A POINT ON A CURVE CONCAViNG
SOUTHERLY HAVING A RADIUS OF 225.00 FEET, A DELTA ANGLE OF
!6°58'28", A CHORD BEARING OF SOUTH 43°47'0!'' EAST, A CHORD LENGTH
OF 65.41 FEET, RUle' ALONG SAID CURVE A DISTANCE OF 66.66 FEET TO A
POINT ON A CURVE_ CONCAV!NG NORTHERLY HAVING A RADIUS OF 35.00 FEET,
A DELTA ~NGLE OF 11°59'39", A CHORD BEARING OF NORTH 58°16'04"
W~ST, A C~ORD LENGTH OF 7.31 FEET, RUN ALONG SAiD CURVE A DISTANCE
OF 7.33 FEET; THENCE RUN NORTH 52°16'15" WE-ST A DISTANCE OF 729.24
FEET TO A POINT ON THE EASTERLY RiGHT-OF-WAY LINE_ OF FELLSMERE
ROAD, THE-NCE RUR- NORTH 37°43'45'' EAST ALONG LAST SAID RIGHT-OF-WAY
LiNE A D!ST~N'CE OF 10.57 FEET TO TH~ POINT OF BEGINNING. SAID
PARCEL CONTAINS 0.17 ACRES, MORE OR LESS.
City of Sebastian
1225 MAIN STREET '"" SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
March 7, 1996
Mr. Ron Howse, P.A.
P.O. Box 701323
St. Cloud, FL 34770-1323
Re: Sebastian Lakes Modified Developer A~eement and Real
Properzy Vacation and Transfer
Dear Mr. Howse:
I am writing this letter as a follow-up to the brief telephone conversation that we had
Monday wherein, I had advised you that a representative of Florida Power and Light
would be in contact with you on the following day. In addition to the outstanding issue
to be resolved between your clients and Florida Power and Light, there was the issue
also relative to a comment received from Indian River County. Based on a phone
conversation between you, Mr. ,rim Davis, Public Works Director for Indian River
County and myseff, it was thought that tkis was a minor ~tch in a legal description that
could easily be resolved. As of this date, I have no reformation relative to the corrective
action which may have been taken.
The City of Sebastian also had concern about obtaining appropriate easements to
support the e,-dsting catch bas/ns presently located in the r/¢~t-of-way of Laconia which
is to be vacated. It was suggested by Mr. Jolm Hill, a consulting en~neer on behalf of
the City of Sebastian, that a blanket drainage easement or sites specific drainage
easement for those facilities would suffice.
Mr. Ron Howse, P.A.
March 7, 1996
Page #2
These items as I recall were the outstanding issues currently not resolved which need
to be addressed and resolved pr/or to the next CiD' Council Meeting, to be held on
March 13, 1996.
In closing, I would like to clearly state the Ciw's desire to move forward with the
development of the Wirm Dix/e on the proposed sites, however these outstanding
issues are matters of ~eat public importance and need to be resolved m advance.
If you have any questions regarding this correspondence or any position of the City,
please feel free to contact me at your convenience.
Very Truly Yours,
Thomas W. Frame
City Manager
TWF/jmt
cc: Arthur L. Firtion, Mayor & Sebastian City Council
Clifton McClelland, City Attorney
Coinmumty Development Department
Richard B. Votapka, Public Works Director
Earl Masteller, P.E., Masteller & Moter
SEBASTIAN
LAKES
UD-R
,1'
City of Sebastian
I 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETiNG
WEDNESDAY, MARCH 13, 1996
7:00 P.M. OR SOON THEREAFTER
CiTY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberat~bn of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit of ten minutes per speaker (R-95-33)
Mayor Fixtion called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
No one was available for invocation.
City_ Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum (7:02 p.m.)
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
City Manager, Thomas W. Frame
City Attorney, Timothy Williams
City Clerk, Katluyn O'Halloran
Deputy City Clerk, Sally Maio
Zoning Technician, Jan King
Regular City Council Meeting
March 13, 1996
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
The City Manager recommended, on behalf of Ron Howse, engineer for the
Sebastian Lakes project, that those issues be continued for another two
weeks as follows: 96.026A - R-96-23 the amendment to the development
agreement and 96.026B - 006-09 vacation and transfer of property.
MOTION by CartwrighffDamp
I move that we continue item 96.026A and 96.026B until our regular
meeting on March 27, 1996.
ROLL CALL: Vice Mayor Corem
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
PROCLAMATIONS AND/OR ANNOUNCEM'ENTS
Mayor Firtion announced that the City Manager, City Attorney, John Hill
and he had gone to St. John's River Water Management District in Palatka
today to present the plan for the lake project and had received a positive
response.
2
Regular City Council Meeting
March 13, 1996
Page Three
96.026A
OUASI-JUDICIAL HEARINGS. FINAL ACTiON
Procedures for Quasi~judicial Hearings as Follows (In accordance with
R-95-39):
Mayor Opens Hearing-Outlines Rules
City Attorney reads Ordinance or Resolution (if Applicable)
Clerk Administers Oath
Disclosure of Ex-Parte Communication
Staff Presentation
Applicant Presentation. 15 Minutes
Inquiry of Applicant
Proponents' Testimony ~ 3 3~inutes or 10 Minutes if Representing 5 or
More
Inquiry of Proponents
Opponents' Presentation - Affected Opponents 15 Minutes - Other 3
Minutes or 10 Minutes if Representing 5 or More
Inquiry of Opponents
Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or
More
Closing of Public informational Period
Staff Response and Summary - i 0 Minutes
Applicant's Rebuttal Presentation - 10 Minutes
Board and Staff r. nquiry
RESOLUTION NO. R-96-23 - Sebastian Lakes Amendment to
Development Agreement - Continuation of 2/28/96 Hearing (City
Manager Transmittal 3/7/96, Proposed R-96-23, Agreement,
Location Map, City Manager Letter to Howse)
This item had been previously continued to March 27, 1996 under Agenda
Modifications.
Regular City Council Meeting
March 13, 1996
Page Four
96.019 B.
RESOLUTION NO. R-96-29 - Stipulated Settlement Agreement
Between DCA/City of Sebastian (City Manager Transmittal 2/28/96,
Proposed R-96-29, Revised Agreement w/Exhibits A and B, R-96-19
with Incorrect Version of Agreement)
A 1LESOLUTION OF TIlE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORID& AUTHORIZING TIKE MAYOR AND CITY
ATTORNEY TO SIGN AND THE CITY CLERK TO ATTEST, ON
BEHALF OF THE CITY, A STIPULATED SETTLEMENT AGREEMENT
WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (THE
"DCA"), STIPULATING THE CONDITIONS FOR SETTLING THE
DISPUTE BETWEEN TIlE DCA AND THE CITY OF SEBASTIAN WITH
REGARD TO THE COMPREHENSIVE PLAN AMENDMENT ADOPTED
BY THE CITY OF SEBASTIAN BY ORDINANCE NO. 0-92-07 ON
MARCH 24, 1993; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS iN CONFLICT HEREWITH, INCLUDING
RESOLUTION NO. R-96-19; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Ad 3/1/96, PH 3/13/96)
Mayor Fin/on opened the heating at 7:05 p.m., the City Attorney read
Resolution No. R-96-29 by rifle only, and the City Clerk swore in the City
Manager.
There was no disclosure of ex-pa_rte communication.
The City Manager explained that the reason the item was back before
Council was an error in reference to exhibits in paragraphs 15 and 16 of the
agreement. He advised that the non-compliance notice attached to the
agreement and referred to as exhibit A be taken out.
Being no further input, Mayor Firtion closed the hearing at 7:09 p.m.
4
Regular City Council Meeting
March 13, 1996
Page Five
96.039
MOTION by Halloran/Cartwright
I move to adopt Resolution No. R-96-29 authorizing execution of the
stipulated settlement agreement.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5-0
RESOLUTION NO. R-96-25 - Harbor Point Preliminary Plat -
Deferred from 2/28/96 Hearing (City Manager Transmittal 3/7/96,
Proposed Revised R-96-25, Location Map, Transportation Plan
Maps, Masteller and Moler Response, Craven, Thompson & Assoc.
Response, Refer to 2/28/96 Agenda Packet for Previously
Distributed Documentation)
A RESOLUTION OF THeE CITY OF SEBASTIA2q, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A PRELIMINARY SUBDIVISION
PLAT; APPROVING A PRELIMINARY SUBDIVISION PLAT FOR
HARBOR POINT; PROVIDING CONDITIONS FOR SUCH APPROVAL;
PROVIDING AN EXPIRATION DATE; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
I-IE~; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Firtion opened the hearing at 7:10 p.m., the City Attorney read
Resolution No. R-96-25 by title only, and the City Clerk swore in all those
who intended to offer testimony.
All City Council members disclosed ex-pane communication with the
apphcant and others.
Regular City Council Meeting
March 13, 1996
Page Six
The City Manager recommended requiring street lights be placed at the
intersection of Fleming extension and proposed Harbor Point Drive and the
cul-de-sac on Harbor Point Drive, that sidewalks be installed on both sides
of Fleming unless waived by City Council based on the sidewalk
requirement in Chessers Gap, and inclusion of safety signs.
John King, Century 21 Realty King, representing Harold Adams, presented
an overhead display exhibiting the original plat from 1971 for the subject
property, stating that the GDC agreement allows that the developer has the
fight to develop the property in accordance with regulations in effect in
1971; and said the original plat is unfeasible due to current requirements for
realignment of Fleming Street, St. John's stormwater standards, and
minimum lot size. He then exhibited the proposed plat.
Randy Mosby, Mosby & Associates, reiterated Mr. King's concerns about
current criteria and urged waiver of the sidewalk and street light
requirement.
Al Vilardi, 445 Georgia Boulevard, Sebastian, recommended sidewalks be
installed.
Being no further input, Mayor Firtion closed the hearing at 7:35 p.m.
Vice Mayor Corum recommended additional ingress and egress, funding
from the developer in lieu of park land, and discussed the need for a
commitment to hook up to future water and sewer.
The City Manager said it was his assumption that all conditions have been
required, but said he did not know what City Council has done in the past.
TAPE I - SIDE II (7:45 p.m.)
6
Regular City Council Meeting
March 13, 1996
Page Seven
Mr. Halloran said the City Manager's recommendation is acceptable to him
except to require that the contractor supply a bond that states that when
future development occurs beyond this development, he will install
sidewalks.
Mrs. Cartwright suggested sidewalks be installed only on the west side of
Fleming Street and that the street lighting at the end of the cul-de-sac be
waived. She said the development is surrounded on three sides by water
and did not see a safety problem with only one ingress/egress as proposed.
Mayor Firtion disagreed with the waiver of the cul-de-sac light for safety
reasons.
Randy Mosby said the developer would agree to the cml-de-sac light trader
protest.
In response to Vice Mayor Corum, the City Manager said it would be his
intent that the developer would have to comply with any conditions
imposed by the Land Development Code that are not specifically waived by
Council.
MOTION by Cartwright/Damp
I move that we approve Resolution R-96-25 with the condition of a
street light be specifically placed at the end of Harbor Point Drive where it
terminates with the eM-de-sac and a street light at the intersection of
Fleming and Harbor Point Drive and also sidewalks will be required on the
west side only of Fleming Street, and he's required to install the applicable
safety sips.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - nay
Mrs. Cartwnght - aye
MOTION CARRIED 4-1 (Corum - nay)
7
Regular City Council Meeting
March 13, 1996
Page Eight
96.046 D.
RESOLUTION NO. R-96-22 - Cherry Hill Subdivision - Minor
Subdivision Plat (Community Development Transmittal 3/5/96,
Proposed R-96-22, Application, Plat Under Separate Cover, P & Z
Memo 1/19/96, Masteller Letter 6/21/95, MGB Memo 2/26/96,
Williams Memo 3/6/96)
A RESOLUTION OF THE CITY OF SEBASTIAN, IND[A_N RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
MINOR SUBDMSION PLAT; ACCEPTING THE MINOR SUBDrVISION
OF CHERRY HILL PARK, A REPLAT OF TRACT J, SEBASTIAN PLAT
HIGHLANDS UNIT i0, CONSISTING 1.01 ACRES, MORE OR LESS,
LYING IN SECTION 24, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY
OF SEBASTIAN, INDIAN RiX/ER COUNTY, FLORIDA; AUTHOR/ZING
THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO
PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR
IND~ RIVER COUNTY, FLOR/DA, FOR RECORDING; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Firtion opened the hearing at 8:03 p.m., the City Attorney read
Resolution No. R-96-22 by title only, and the City Clerk swore in all those
who intended to offer testimony.
There was no disclosure of ex-parte communication.
The City Manager explained the application for final plat, noting the
request is in compliance.
Mayor Firtion closed the hearing at 8:06 p.m.
Regular City Council Meeting
March 13, 1996
Page Nine
MOTION by Cartwright/Halloran
I move to adopt Resolution 96-22.
ROLL CALL:
Mr. I-Ialloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
- aye
- aye
- aye
- aye
MOTION CAKRI]ED 5-0
PUBLIC 1TEARING (Not Quasi-Judicial). FINAL ACTION
The normal order ofbusmess for public hearings (R-95-33) is as follows:
Mayor Opens [-Iearing
Attorney Reads Ordinance or Resolution
Staff Presentation
Public Input
Staff Summation
Mayor Closes F[earing
Council A ction
Please note: Anyone wishing to speak is asked to go to the podium and
state his/her name and address for the record prior to addressing City
Council.
96.026B
ORDINANCE NO. 0-96-09 - Sebastian Lakes Transfer and
Vacation of Real Property - Continued from 2/28/96 (City Manager
Transmittal 3/7/96, 0-96-09, City Manager Letter to Howse,
Location Map)
This item had been previously continued to March 27, 1996.
Regular City Council Meeting
March 13, 1996
Page Ten
96.034
B. ORDINANCE N0_O-96-08 - Temporary Signs (0-96-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING SECTION 20A-15.5 OF THE CODE
OF ORDINANCES REGARDING TEM?ORARY SIGNS; PROVIDING FOR
SEVERABiL1TY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE. (lst Reading 2/16/96, Ad 2/28/96, PH 3/13/96)
Mayor Firtion opened the hearing at 8:08 p.m. The City Attorney read
Ordinance No. 0-96-08 by i/fie only.
The City Manager and City Attorney gave a brief explanation for this
ordinance.
Mayor Firtion closed the hearing at 8:10 p.m.
MOTION by Halloran/Cartwright
I move to approve Ordinance 0-96-08.
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CAKRIED 5-0
10
Regular City Council Meeting
March 13, 1996
Page Eleven
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be
enacted by one motion. There will be no separate discussion of consent
agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
A. Approval of Minutes - 2/28/96 Regular Meeting
96.047
RESOLUTION NO. K-96-27 - Support Efforts to Save Old
Courthouse (City Clerk Transmittal 9_/22/96, R-96-27)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, IN SUPPORT OF IND~ RIVER COUNTY,
IN ITS EFFORTS TO RESTORE, REHABILITATE, SEEK OTHER
ADAPTIVE USES AND THE HISTORICAL RECOGNITION OF
THE "OLD" COUNTY COURTHOUSE LOCATED AT 2145 14TH
AVENUE, DOWNTOWN VERO BEACH; PROVIDING FOR AN
EFFECTIVE DATE.
96.048
Co
Sebastian Christian Church - Request for Twelve Month Site Plan
Extension - To Expire 1/19/97 (Community Development
Transmittal 3/5/96, Application, Fee)
96.049
Bid and Contract Award - Supply and Haul Coquina Boulders for
Sebastian Riverview Park Shoreline Stabilization Project - Florida
Aggregates Intergroup, Inc., Ft. Pierce - $25.36 Per Ton Boulders - 2
to 2 ½ Feet in Diameter and $24.60 Per Ton - 6" to 9" in Diameter
(Public Works Director Transmittal 3/4/96, Bid Review Summary,
Bid and Contract Documents)
96.010
Adjust the Time of 3/18/96 Special City Council Meeting from 7 pm
to 5 pm (City Manager Transmittal 3/6/96)
96.05O
San 3uanito Chico - Request Use of Community Center - Wedding -
3/30/96 - 2 p.m. to Midnight - A/B and Extension of Time - Security
Paid (City Clerk Transmittal 2/23/96, Application, Excerpt of
R-94-50)
11
Regular City Council Meeting
March 13, 1996
Page Twelve
The City Manager read the consent agenda. The City Attorney read
Resolution No. R-96-27 by title.
Mr. Halloran removed item E.
MOTION by ComnVCartwright
I move approval of item A, B, C, D and F of the consent agenda.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Mr. Halloran suggested that all future Council meetings be adjusted to 6:00
p.m.
The City Clerk noted the change would require an amendment to the
current resolution and that this item would have to be a future agenda item.
MOTION by Halloran/Cartwright
I move to approve item E as requested.
=-- ROLL CALL:
Mrs. Canwfight - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
MOTION CARRIED 5-0
12
Regular City Council Meeting
March 13, 1996
Page Thirteen
Mayor Firtion called recess at 8:15 p.m. and reconvened the meeting at 8:27
p.m. All members were present.
10. PRESENTATIONS
None.
1 i. COMMITTEE REPORTS/RECOMMENDATIONS
12.
None.
OLD BUSINESS
96.0O9 A.
Finalization of Aooointments of Members to the Riverfront
Committee (City_ Manager Transmittal 3/7/96. Koford Memo
Bob Freeland, 733 Wentworth Street, .Sebastian, suggested that the two
additional appointments be made by the incoming Council members.
Mrs. Damp said she had nominated Tommy Thompson for the at-large
positions.
Mrs. Cartwright said Bennett and Moore membership affiliations need to be
switched.
Vice Mayor Corum expressed concern because all of the members were
business owners and suggested starting the selection process over. She had
distributed a suggested membership after the recess (see attached).
13
Regular City Council Meeting
March 13, 1996
Page Fourteen
Mayor Firtion conducted a poll of council relative to whether they wanted
to change the composition of the Riverfront Committee:
· Mr. Halloran - keep five nominees that Council selected
· Vice Mayor Corem - yes
· Mrs. Cartwright - not change individual names given to
previous City Manager and said thought we agreed to seven
members
· Damp - keep same as before
· Firtion - keep same as before
Mrs. Cartwright nominated Tommy Thompson. Mr. Halloran seconded.
Vice Mayor Corum nominated herself, but there was no second.
Roll call on Tommy Thompson.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - nay
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 4-1 (Corem - nay)
Mrs. Damp nominated Stanley Krulikowski as the at-large CA'iT member.
Mr. Halloran seconded.
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTiON CARRIED 5-0
14
Regular City Council Meeting
March 13, 1996
Page Fifteen
MOTION by Cartwright/Halloran
I'd like to add that if Mr. Kmlikowski is not available, that we allow
the City Manager to scan the CDBG committee to get a volunteer fi.om
there and keep it fi.om coming back to Council and delaying this committee.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Camvright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION C~D 5-0
13. NEW BUSINESS
96.051 A.
Interview and Appoint Planning and Zoning Commission Members
(Community Develonment Transmittal 3/5/96_ Applications. P & Z
Memo 2/16/96. Sec. 10 R-94-51)
City Council interviewed Mr. Pliska and Mr. Mather. No other applicants
were in attendance.
TAPE 1I - SIDE I (8:41 p.m.)
Three Year Re_tatar Member Position - Term to Expire 2/99:
P & Z Recommends Robert Pliska
Mr. Halloran suggested filling Walter Barnes' regular member position at
this time and directing Planning and Zoning to recommend again for the
alternate position. Mr. Barnes said he had submitted h/s resignation to
Planning and Zoning today.
MOTION by Halloran/Cartwright
I move that we accept Robert J. Pliska for the full three year term on
Planning and Zoning.
15
Regular City Council Meeting
March 13, 1996
Page Sixteen
ROLL CALL:
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
- aye
- aye
- aye
- aye
MOTION CARRI]ED 5-0
MOTION by Halloran/Canwhght
I move to accept Kelly Mather to fill Mr. Barnes' unexpired tenn.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion ~ aye
Vice Mayor Corem - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
96.012 B.
City. Attorney Applicants for the City_ of Sebastian for Both In-House
Position Consideration and for Legal Services (City Manager
Transmittal 3/7/96. Human Resources Memo 3/5/96. Itemized Costs.
Walter Barnes, 402 Azine Terrace, Sebastian, inquired what ton/ght's
action on the matter would be. He was informed that there would only be
discussion.
Following a brief discussion, the City Manager suggested that the issue be
deferred to the March 27, 1996 meeting to allow new Council members
input and allow staff to review backup for accuracy. City Council
concurred.
16
Regular City Council Meeting
March 13, 1996
Page Seventeen
14.
INTRODUCTION' OF NEW BUSINESS FROM THE PUBLIC
~hich is not otherwise on the agenda - limit often minutes for each speaker
Louis Priore, Mango Avenue, Sebastian, expressed his objections to
receiving Mrs. Damp's letter regarding candidates Barnes and Taracka.
15. CITY COUNCIL MATTERS
A. Mrs. Louise Cartwright
Mrs. Cartwright asked, on behalf of John Hill, all people to return surveys.
B. Mrs. Norma Damp
None.
C. Mr. Raymond Halloran
Mr. Halloran thanked Vice Mayor Corem and Mayor Firtion.
D. Mayor Arthur Firtion
Mayor Firfion smd he had served Sebastian the best he could, thanked
everyone and said he would not be able to attend the Special. Meeting on
March 18, 1996 due to health reasons.
E. Vice Mayor Carolyn Corem
Vice Mayor Corum suggested that the Charter be amended to change the
policy whereby City Councils are sworn in the morning after the election;
again suggested a new membership formula for the Riverfront Committee;
said she may be leaving the seat but will be in the area and that it has been a
pleasure to serve; and explained the volunteer bucket brigade to stabilize
the Riverview Park shoreline.
17
Regular City Council Meeting
March 13, 1996
Page Eighteen
16.
17.
18.
CITY ATTORNEY MATTERS
None.
CITY MANAGER MATTERS
None.
Being no further business, Mayor Firtion adjourned the regular meeting at
9:10 p.m.
18
City of Sebastian
I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETiNG
MONDAY, MARCH 18,1996 - 5:00 P.M.
CITY COUNCIL CHAMBERS
i 1225 MAiN STREET, SEBASTIAN, FLORiDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY
I CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a Special unless provided for in the meeting call (in
accordance with R-95-33)
PURPOSE:
In Accordance with the Charter of the City of Sebastian:
1) Adoption of Resolution No. R-96-30 Certificate of
2)
3)
4)
Canvassing Board
lavestimre of Newly Elected City Council Members
Election of Mayor
Election of Vice Mayor
Vice Mayor Corum called the Special Meeting to order at 5:00 p.m and
stated its purpose. The Pledge of Allegiance was recited.
C~. Council Present:
Vice Mayor Carolyn Corum
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
City Manager, Thomas W. Frame
City Clerk, Kattu3rn M. O'Halloran
City Attorney, Clifton McClelland, Jr.
Deputy City Clerk, Sally Maio
Absent:
Mayor Arthur Firtion (excused)
Special City Council Meeting
March 18, 1996
Page Two
Newly Elected City_ Council Members Present:
Walter Barnes
R/chard Taracka
3. ELECTION MATTERS
old
RESOLUTION NO. R-96-30 - Certificate of Canvassing Board
(City Clerk Transmittal 3/13/96, R-96-30, Charter Sections)
A RESOLUTION OF TI-[E CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE MUNICIPAL ELECTION;
PROVIDING FOR CANVASSING OF ELECTION RETURNS;
PROVIDING FOR DECLARATION OF RESULTS; DIRECTING THE
CLERK TO ENTER THE RESULTS OF THE ELECTION IN THE
OFFICIAL MINUTES OF THE MEETING OF THE CITY COUNCIL;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-30 by rifle only.
MOTION by Halloran/Canwright
I move to adopt Resolution 96-30 the certificate of canvassing board
by the current City Council.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - absent
MOTION CARRIED 40
B. Investiture of Newly Elected Officials byCity Clerk
The City Clerk swore m newly elected Councilmembers, Walter Barnes and
Richard Taracka. Vice Mayor Corem mined the gavel over to senior
member Mrs. Damp and then stepped down. Mr. Barnes and Mr. Taracka
took their places on the dais.
2
Special City Council Meeting
March 18, 1996
Page Three
C. Appointment of Mayor
Mrs. Damp called for nominations. Mr. Halloran nominated Mr. Taracka
and Mr. Barnes nominated Mrs. Cartwri~t. Mrs. Damp closed
nominations.
The City Clerk called the mil. Mr. Taracka declined his nomination and the
vote was discontinued.
In accordance with Section 2.06(a)(2), by virtue of no other nomination,
Mrs. Cartwright was elected Mayor.
D. Appointment of Vice Mayor
Mrs. Damp called for nominations. Mayor Cartwright nominated Mr.
Barnes and there were no other nominations. In accordance with Section
2.06 (d), by virtue of no other nomination, Mr. Barnes was elected Vice-
Mayor.
The City Attorney advised that the election of Mayor and Vice-Mayor be
formally confirmed at the next regular meeting in keeping with certain
provisions of the Charter.
Mayor Cartwright adjourned the Special Meeting at 5:10 p.m.
Approved at the
1996, Regular City Council Meeting.
Louise Cartwfight
Mayor
Kathryn M. O'Halloran, CMC/A. AE
City Clerk
3
City of Sebastian
1225 MAiN STREET cl SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 cl FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT:
March 12, 1996
Election - Approve Payment
to Supervisor of Elections
AGENDA NO:
DEPT. ORIGIN:
DATE SUBMITTED:
MEETING DATE:
3/27/96
.aPPROVED FOR SUBMITTAL:
City Manager' ,-~"~
EXItlBITS:
Expenditure Required:
Amount Budgeted:
$7,000.00
* SOE Letter 3/12/96
IAppropriation Required:
55,012.40
SUMMARY STATEMENT
The Supervisor of Elections for Indian River County has submitted a bill in the amount of
$5,012.40 for conducting the March 12, 1996 general election for the City of Sebastian.
Th/s figure is based on a rate of $ .60 per registered voter m Sebastian, wh/ch is the formula
used when there is a county-w/de election.
RECOMMENDATION
Approve payment to the Supervisor of Elections in the amount of $5,012.04.
o:
~N ROBINSON
SUPERVISOR OF ELECTIONS
1840 25TH STREET, SUITE N-109
VERO BEACH, FLORIDA 32960-3394
TELEPHONES: (407) 567-8187 or 567-8000
March 12, 1996
Mrs. Kay O'Haltoran
City Clerk, City of Sebastian
Dear Kay:
I3
OFFICE
This is a bill for the city's share of elections expenses
for the March 12, 1996, election. Based on the agreed
upon rate of 60¢ per registered voter, please send a check
payable to the Supervisor of Elections in the amount of
$5,012.40 (8,354 x 60C).
Only when we are holding a countywide election on the same
day as your city election does this rate apply. For every
other city election, the expense of each item in an election
is allocated to each city based on the number of precincts,
the number of ballot pages, the number of poll workers, etc.
Enclosed are the book-closing figures, a sample ballot, a
list of the polling places, and a copy of the memo sent to
the news media and to each of your candidates.
The County Canvassing Board composed of a county judge, the
chairman of the county commission, and the supervisor of
elections will canvass the ballots, including the absentees,
for the March 12 election because it is a countywide election.
We will look forward to seeing you on election day to help
process the ballots.
Yours truly,
Ann Robinson
Supervisor of Elections
Enclosures
City of Sebastian
I 1225 MAIN STREET r~ SEBASTIAN, FLORIOA 32958
TELEPHONE (407) 589-5330 m FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Resolution No. R-96-31
Vacation of Easement - Barton
Lots 17 & 18, Block 65, Unit 2
APPROVED FOR SUBMITTAL BY:
City Manager:
AGENDA NO.
Dept. Origin :City Cler~"'~,~
Date Submitted: 03/19/96
For Agenda Of: 03/,27/96
Exhibits: R-96-31
Application
Survey
No Objection Letters
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
KEQUIRED:
SUM1MARY STATEMENT
We Wive received a request for an abandonment of the Northeast five feet of Lot 17 and the
Southwest five feet of Lot 18, Public Utility and Drainage Easement, Block 65, Sebastian
Highlands Unit 2. All utilities and appropriate City departments have been notified and have no
objections. Their letters are included in your packet.
RECOMMENDED ACTION
Adopt Resolution No. R-96-31.
RESOLUTION NO. R-96-3!
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISI:HNG, ABANDONING A_ND
DISCONTINIflNG TI-IE NORTI~AST FrVE FEET OF LOT 17 AND THE
SO--ST FIVE FEET OF LOT 18, PUBLIC UTILrrY AND DRAINAGE
EASEIVEF_.NT, BLOCK 65, SEBASTIAN HIGHI, ANDS UNIT 2, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PBI 5-34, PUBLIC RECORDS OF
INDEAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLI~
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
BE 1T RESOLVED BY THE CITY COUNCIL OF ~ CITY OF SEBASTIAN, IN'DiAN
RIVER COUNTY, FLORIDA, that:
VACATION OF EASEMENT. The City of Sebastian, Indian River County,
Florida, does herewith vacate, abolish, abandon and discominue all that portion of land previously
dedicated for easement and described as follows:
The Northeast five feet of Lot 17 and the Southwest five feet of Lot 18, Public Utility
and Drainage Easement of Block 65, Sebastian Highlands Unit 2, according to the plat
thereof, recorded in PBI 5-34, of the Public Kecords of Indian River County, Florida.
repealed.
Section 3. RECORDING.
Kiver-County, Florida.
Section 4. EFFECTIVE DATE.
upon its passage.
All resolutions or parts of resolutions in conflict herewith are hereby
This resolution shall be recorded in the public records of Indian
This resolution shall be in full force and effect immediately
The foregoing Resolution was moved for adoption by Councilmember
motion was seconded by Councilmember
as follows:
The
and, upon being put to a vote, the vote was
Mayor Louise 1~ Cartwright
Vice Mayor Walter W. Barnes
Councilmember Richard J. Taracka
Councilmember Norma J. Damp
Councilmember Raymond W. Halloran
The foregoing Resolution was duly passed and adopted by the City Council of Sebastian,
Florida, this day of ,19 .
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
ATTEST:
Kathryn M. O~Halloran, CMC/AAE
City Clerk
(SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in indian River
County, Ftonda, to take acknowledgments, personally appeared Louise R.. Cgrtwr/ght and Kathrma M.
~ known to me to be Mayor and City Clerk respectively, and neither of them took an oath.
WITNESS my hand and seal in Indian River County, Florida, the day of ,
1996.
Approved as to Form and Content:
Clifton A_ McClelland, Jr., City Attorney
Linda M. Galley
NOTARY PUBLIC,
STATE OF FLORIDA AT LARGE
My Commission Expires:
2
CITY OF SEBASTIAN
APPLICATION FOR VACATION OF EASEMENT(S)
(This reGuest shall no be accepted unless comoleted in full)
NAME: Lawrence and Edna Barton
ADDRESS: 81 Manor Road, HuntingtOn, NY i1743
TELEPHONE NO. ~516-757-2286 TYPE OF ENTITY:* individual
*Individual, corporation, etc. - If corporation apply corporate
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS:
Lo~s L7 & 18 Blk 65 Sebastian Highlands Unit 2
(Attach description On attachment if necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item to be filled in by Building Official)
APPROXIMATE SIZE OF EASEMENT: /;~ feet in length /O / in width
PURPOSE FOR REQUEST TO VACATE: to build home in center of double
lots
(Explain in detail your need to release this easement)
I HEREBY CERTIFY that I, 'the Applicant, own the real property on
which the .easement I request to vacate exists, or I am authorized
to ~en~ this request t~vacate by the owner
. real
/J~hn~ [a~n a~ ~t for
£awren~..& Edna Barton Corporate Seal
Pleas~'~int Name Here
/
k'ttac~hereto the fei!owing:
(k')~. Map, plat, Su~ey, Or clear drawing at least 8 1/~" x 11"
showing ~he parcel of land on which the easement exists,
with parcel(s) of land adjacent to the easement requested
to be vacmted. SHOW THE EASEMENT CLEARLY 0N DRAWING.
) 2.
Complete legal description of the parcel of land on which
the easement exists if the full description cannot be
placed on the lines provided above for tiao description.
) 3.
N/A)
Written authorization of the owner of the parcel of land
on which the easement exists i£ the applicant is not the
owner.
) 4.
N/A)
IF IT IS NECESSARY TO GRANT 8ACK ANOTHER EASEMENT TO
REPLAC~ THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED
OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT.
) 5.
) 6. OTHER: ~
Da.re R~..¢eiv, ed by/i~he Office of
file: laban'app ~
Attach a check or money order payable to "The City of
Sebastian" upon submittal of this application to the
Office of the City Clerk. This application fee is not
r~fundab.l.e. The fee is $2§-00- /~/, ~_~= ~ //~,/~ ~
m
~ ~ '[ .......J ! .......J L ...................................... ~ .............. - ._, ,,,
~ ~ ~'~ ~'~'. i'
I
m
· . !.i':. il;.
1
1235 MAiN ST,~EE? : SEi~ASTtAN, FLORIDA 52958
T~SPHONE ~407) ~9-53~ ~ FAX (40~ 589-5570
Return to: Linda Galley, City of Sebastian, City Clerk's Office, Fax No.
(407)589-5570.
C~:AqEN 'iHOWIP$CN
& ,4SSOCiI~ES INC
E~;gineers
Planners
Surveyom
2~"70 indian River ~alv~.
Suite 301
Veto 8each, FL 32960
(~37) 77a4002
F~x (~7) 569-93o3
Home Office:
3563 N.W. 53rd Street
Fort Lauclerdale, FL 33309-6,311
(305) 739-6400
Fax (305) 739-6409
West
February 26, 1996
Mrs. Kathryn O'Halloran, CMC/AAE
City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL 32958 Via Telefax: 589 5570 and US Mail
Re: Easement Vacation: Northeast 5' of Lot 17, and
Southwest 5' of Lot 18, Block 65, Sebastian Highlands Unit 2
Dear Mrs. O'Halloran,
This firm has no objection to the abandonment of the referenced
easement with respect to present or future drainage maintenance or
installations by the City.
Sincerely,
C,~y~ Thompson ~ Associates, Inc.
~ohn V. I~Iill, P.E., Vice President
_Registe_re(~ Engineer 17002
rida
BOARD OF CO UNTY COMMISSIONERS
DEPARTMENT OF UTILITY SER VICES
2840 25th Street, Veto Beach, Florida $2960
February 14, 1996
Ms. Kathryn M. O'Hallormn, CMC/F~_E
City Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
SUBJECT: ABANDONMENT OF EAS~NT
Dear Ms. O'Halloran:
Pursuant to your request, enclosed pleasa find the
approved city of Sebastian request for abandonment of
easement form. I faxed a copy to Linda Galley of your
office per the instructions on the above-mentioned form.
If you need additional information, you may contact me at
770-5320 between the hours of 8:00 a.m. and 5:00 p.m.
Sincerely yours,
TERRY H. DRUM
G.I.S. Coordinator
THD:nr
Enclosure
(NEAS EMNT. THD )
OB:iBPM CiTY
OF' SEBASTT~H~ C'~TY OF' SZBAST'~N F~'2 I I
City of Sebastian I
1225 MAIN STREET Cl SEBASTIAN, FLORIDA 32958
TELEPHONE (~7~ ~9-~30 ~ FAX (40~ ssg-~ST0
I
,CIIT OF $EIa~_E!TAN
REI}_UEST FOR ~ RANDONMENT OF E.d~EM~ENT
Descriv~n~o£Easeme~t~ abamtoned: TWF~ NORTHEAST FiVE i~EET OF LOT 17 I
A.N'D ~ $0U'FItWEST ~ FEZT Or LOT 18, BLOCK OS, 5EBAS~
.~PPRON~Dfl)EN~
Return to: Linda Galley, City of Sebastian, City Clerk's Office, Fax No.
@ B£t,I, SOUTH
· :ex ,:07 .6:,-',Z7
FILE ~-: 240.0920
Date:
February 16, 1996
PETITION TO ABAaN-DON/VACATE
Dem' Ms. O'Halloran,
BellSouth has no objection to the abandonment of the utility easement R/W as described
herein; Northeast five feet side easement Lots 17 and the Southwest five feet of lot 18,
Block 65, Sebastian Highlands umt 2 of the Public Records of Indian River County.
We have no facilities within this portion of said right-of-way.
If I can be of further assistance please call William G. Gallagher at (407)388-2302.
William G. Gallagher
Specialist-OPE
02.
l~. g6
10'24 AM PO1 I
O~:~=PM CITY 0¢ S[~STIAM~ P,2 II
132.~ MAIN STREET ca SEBASTIAN, FLORIDA 31~58 i
TELEPHONE (407) 58a-~ao a F~ (407) sae.6~7o
I
~ OF,~~~ ~
S0~EST ~ ~ET O~ LOT 1S, B~ f~, SEDA$~
m II ~ ILl
Return to: IAnda GalI~T, City of Sebastian, City Clerk's Office, Fax
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT: AGENDA NO: ~i-. C~%3
Formal Acceptance of ,.., .~
Walter Barnes Resignation DEPT. ORIGIN: .C, JlT..CA_c~-A~' '~'
from Planning & Zoning Commission
DATE SUBMITTED: 3/19/9.6
APPROVED FOR SUBMITTAL:
City Manager'
lExpenditure Required:
MEETING DATE:
EXItlBITS:
Amount Budgeted:
Barnes Letter
IAppropriation Required:
SUMMARY STATEMENT
Walter Barnes has submitted his resignation to the Planning and Zoning Commission in
light of his recent election to the City Council.
RECOMMENDED ACTION
Accept Walter Barnes' resignation from the Planning and Zoning Commission.
To The Secretary, Planning & Zoning Commission;
Since being elected to Public Office on Tuesday 3-12-96 I am
required to resign from the Planning & Zoning Commission and I
hereby tender my resignation effective immediately.
I have enjoyed my time on the Commission and wish all of you well
in your continued service to the City of Sebastian.
Walter W Barnes
Vice Chairman Sebastian p&z
Conunission
City of Sebastian
1225 MAIN STREET r; SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
AGENDA NO:
SUBJECT:
Formal Confirmation of the
Election of Louise Cartwright
as Mayor
DEPT. ORIGIN:
DATE SUBMITTED: 3/19/96
MEETING DATE:
APPROVED FOR SUBMITTAL:
EXHIBITS:
3/18/96 Minutes Excerpt
Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
The City Council, at its March 18, 1996 Special Meeting, elected Louise Cartwright as
Mayor. The City Attorney has advised that formal confirmation be made at the next
regular meeting.
=. RECOMMENDED ACTION
Confirm the election of Louise Cartwright as Mayor.
Special City Council Meeting
March 18, 1996
Page Three
C. Appointment of Mayor
Mrs. Damp called for nominations. Mr. Halloran nominated Mr. Taracka
and Mr. Barnes nominated Mrs. Cartwright. Mrs. Damp closed
nominations.
The City Clerk called the roll. Mr. Taracka declined his nomination and the
vote was discontinued.
In accordance with Section 2.06(a)(2), by virtue of no other nomination,
Mrs. Cartwright was elected Mayor.
D. Appointment of Vice Mayor
Mrs. Damp called for nominations. Mayor Cartwright nominated Mr.
Barnes and there were no other nominations. In accordance with Section
2.06 (d), by virtue of no other nomination, Mr. Barnes was elected Vice-
Mayor.
The City Attorney advised that the election of Mayor and Vice-Mayor be
formally confirmed at the next regular meeting in keeping with certain
provisions of the Charter.
4. Mayor Cartwright adjourned the Special Meeting at 5:10 p.m.
Approved at the
...... 1996, Regular City Council Meeting.
Louise Canwfight
Mayor
Kathryn M. O'Halloran, CMC/AA.E
City Clerk
City of Sebastian
i 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT: AGENDA NO: ~' '~ / C ~
Formal Confirmation of the ,. :.. ~'~
Election of Walter Barnes DEPT. ORIGIN: City_ Clerk ~,' ~
as Vice-Mayor
DATE SUBMIT'I~D: ~/19/96
MEETING DATE:
APPROVED FOR SUBMITTAL:
City Manager'
EXHIBITS:
3/18/96 Minutes Excerpt
l,Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
The City Council, at its March 18, 1996 Special Meeting, elected Walter Barnes as Vice
-Mayor. The City Attorney has advised that formal confirmation be made at the next
regular meeting.
___ RECOMMENDED ACTION
Co~flrm the election of Walter Barnes as Vice-Mayor.
Special City Council Meeting
March 18, 1996
Page Three
C. Appointment of Mayor
Mrs. Damp called for nominations. Mr. Hailoran nominated Mr. Taracka
and Mr. Barnes nominated Mrs. Cartwright. Mrs. Damp closed
nominations.
The City Clerk called the rog. Mr. Taracka declined his nomination and the
vote was discontinued.
In accordance with Section 2.06(a)(2), by virtue of no other nomination,
Mrs. Cartwright was elected Mayor.
D. Appointment of Vice Mayor
Mrs. Damp ca/led for nominations. Mayor Cammght nominated Mr.
Barnes and there were no other nominations. In accordance with Section
2.06 (d), by virtue of no other nomination, Mr. Barnes was elected Vice-
Mayor.
The City Attorney advised that the election of Mavor and X/ice-Mayor be
formally confirmed at the next regular meeting in iceeping with certain
provisions of the Charter.
4. Mayor Cartwright adjourned the Special Meeting at 5:10 p.m.
Approved at the
,1996, Kegular City Council Meeting.
Louise Cartwright
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Use of Yacht Club for
Community Volunteer Project
APPROVED FOR SUBMITTAL BY:
City Manager:
] AGENDA NO.
1
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1
] Dept. Origin
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City Clerk
Date Submitted: March 15, 1996
For Agenda Of: __March 27, 1996__
Exhibits:
Application & Letter
EXPENDITURE
REQU-IRED:
AMOUNT
BUDGETED:
SUMMARY STATEMENT
APPROPRIATION
REQ~D: .............
The City of Sebastian has received an application from Sebastian Watershed Action
Committee Chairperson, Carolyn Corum. She is requesting use of the Yacht Club on April
12 & 13, 1996 from 8:00 AM to 4:00 PM for the "Community Volunteer Project" to save
Sebastian's shoreline.
She is also requesting a waiver of security deposit and rental fees.
RECOMMENDED ACTION
Move to approve the request with the waiver of security deposit and rental fees.
Sebastian Watershed Action Committee
Carolyn Corum, Chairperson
881 Dolores Street
Sebastian, FL 32958
March 15, 1996
Sebastian City Councilmembers
1225 Main Street
Sebastian, FL 32958
Dear Councilmembers:
On behalf of the Sebastian Watershed Action Committee, I am requesting a waiver of security
deposit and rental fees for use of the Sebastian Yacht Club on April 12 g, 13, 1996 from 8:00 a.m.
- 4:00 p.m. for the Community Volunteer Project to save Sebastian's shoreline.
Attached you will find an information sheet about the community wide volunteer project we're
organizing.
Looking forward, in anticipation to your positive response.
Sincerely,
Carolyn Corem, SWAC Chairperson
COMMUNITY VOLUNTEER PROJECT
"A BUCKET BRIGADE TO SAVE SEBASTIAN'S SHORELENE"
WE NEED YOU!
PLACE: mvmlvn;w PARK AT SEBASTIAN'S BEAUTIFUL RIVERFRONT
DATE: APRXL 12th & 13th (FRIDAY & SATURDAY)
TWO HOUR SItlFTS: 8a.m. - 10a.m., 10 a.m. - 12p.m., 12 p.m. - 2 p.m., 2 p.m. - 4p.m.
WORK DESCRIPTION: A BUCKET BRIGADE (a human chain passing buckets
half full of lightweight coquina rocks) 30 people form a chain, fifteen feet offshore in ankle to
knee-deep water.
REFRESHMENTS WILL BE PROVIDED FOR ALL VOLUNTEERS
PROJECT BY: The City of Sebastian with grant funding from St. Johns River Water
Management District (SWllv0 program through the Sebastian Watershed Action Committee.
This is a grassroots project.
WE ALSO NEED HELP: Serving refreshments, greeting people at the sign in table,
overseers at the break area (Yacht Club) and your moral support.
"Please return the enclosed registration form. Do not hesitate to call for more information.
Con_t. act person: Carolyn Corum, 881 Dolores Street, Sebastian, FL. 32958, Telephone
(407J388- 2966, Fax (407)589-5570
Bring your smile and we'll have a working good time:
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589*5330 a FAX (407) 589-5570
AGENDA FORM
SUBJECT: ] AGENDA NO.
Use of Riverview Park ]
] Dept. Origin :__City Clerk
1
] Date Submitted:__Mach 18, 1996
APPROVED FOR SUBMITTAL BY: ]
] For Agenda Of.' __March 27, 1996
1
City Manager: ,","~(..¢' ~9'?' ] Exhibits:
~,} ] Letter of Request
AMOUNT
APPROPRIATION
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
The Sebastian River Art Club is requesting permission from City Council to utilize
Riverview Park for an Art Show on March 30, 1996.
This group had been approved to use the park on March 16 & 17, 1996, but due to
inclement weather were unable to take advantage of these dates.
Unless otherwise stipulated by City Council, the following are established rules for use of
Riverview Park:
1. $100.00 security deposit
2. No vehicles in the park
3. Applicant to provide sufficient waste receptacles and clean up after event
4. No alcoholic beverages are permitted within the park
5. All displays must be clear of the sidewalks and entrance ways
6. Any goods for sale must be handmade by members of the organization
7. Applicant must contact and receive approval from the Health Department
regarding the sale of food.
RECOMMENDED ACTION
Move to approve the request from the Art Club.
March 18, 1996
Honorable Mayor and
City Council Members
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Dear Mayor and Council:
The City of Sebastian had granted the Sebastian River Art
Club two (2) show dates for the Saturdays of February and
March 1996.
Unfortunately, our show date for March 16th had extreme cold
on Saturday and the rain date for the immediate Sunday was
"rained out".
Inasmuch as a number of our exhibitors are Sebastian senior
citizens and could not physically endure the weather elements~
they have asked, thru me, to petition the City of Sebastian
for an alternate date of March 30th for another "fine arts"
show.
If the Riverview Park is not in use, at that time, we would
appreciate the City's indulgence in this matter.
Thank you for your consideration.
RICHARD'DOUGHERTY, PRESIDENT
SEBASTIAN RIVER ART CLUB
Phone: 407-725-0238
City of Sebastian
1225 MAiN STREET c~ SEBASTIAN, FLORIDA 3:>958
TELEPHONE (4,t~lj~~cFt~) 589-5570
SUBJECT: I AGENDA NO. ~'-(-,; ~'~.,,'"'
Use of Riverview Park ]
APPROVED FOR SUBMITTAL BY:
City Manager:
1
] Dept. Origin :__City Clerk
]
] Date Submitted:__Mach 19, 1996
1
] For Agenda Of: __March 27, 1996
]
] Exhibits:
] Letter of Request
AMOUNT
BUDGETED:
APPROPRIATION
REQUTRED:
SUMMARY STATEMENT
Reverend John B. Hill, Pastor of the Sebastian United Methodist Church is requesting use
of Riverview Park for Easter Sunrise Services on April 7th, 1996 from 6:30 AM to 7:30
AM.
They are also requesting several sets of bleachers to be used by the people who attend.
If approved, this request will have to be coordinated with Public Works personnel
Unless otherwise stipulated by City Council, the following are established rules for use of
Riverview Park:
1. $100.00 security deposit
2. No vehicles in the park
3. Applicant to provide sufficient waste receptacles and clean up after event
4. No alcoholic beverages are permitted within the park
5. All displays must be clear of the sidewalks and entrance ways
6. Any goods for sale must be handmade by members of the organization
7. Applicant must contact and receive approval from the Health Department
regarding the sale of food.
RECOMMENDED ACTiON
Move to approve the request from Reverend John Hill.
,
.f i Main&Louisiana
'"~11 I ~ .*C' :':"" ' .~.~% Church
~ Seb~i~, Florida 32978 ~E~ - . ,3~'~ Pamonaoe
March 18, 1996
City Of Sebastian,
The Ministerial Association would like to request the use of
Rive~iew Park for our Easter Sunrise Se~ice. Easter is April 7th and
the time would be from 6:30 A.M. - 7:30 A.M.
In the past, the city has provided us with several se~ of'
bleachers for the people who come.
Thank you for your help and consideration.
Sincerely,
S~bastian United Methodist Church
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
AGENDA TRANSMiTTAL
SUBJECT: A 70 Unit Affordable
Rental Rousing for the Elderly
Approval For Submittal By:
City Manager,.,
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AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 03/20/96
For Agenda Of: 03/27/96
Exhibits:
- Cover letter addressed to City Mgr.
dated, March 15, 1996 with an over
view of the proposed project.
- A copy of pages 3-1 and 3-2 of
Chapter 3 of the Housing Element
of the Comprehensive Plan of the
City of Sebastian
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A
BUDGETED: N/A
REQUIRED: N/A
SUMMARY
A Ms. Bethany A. Carpenter, Principal of Alexandria Enterprises, is proposing to
develop a 70 unit affordable housing facility for the elderly. Currently, there is no
similar project or housing an/ts available within the municipal boundaries of Sebastian
which provides this type of facility with the affordable rent smtctures. It is pertinent to
point out that the developer is looking towards the City for support for an extension of
a water main and is asking for the City to participate as the assessing body relative to
the proposed assessment from the County. ~i'
RECOMMENDATION
At tltis t/me, no formal action is required of the Council relative to the proposed
project. The developer has filed for the appropr/ate site plan approval with the
Commun/ty Development Department and will go through the appropr/ate rev/ew and
approval process for the proposed development. The Council should determine to what
extent, if any, it wants to be revolved relative to the water line extension (City Manager
has a meeting with County Utili .ry Director, Terry Pinto on March 21, 1996 and would
hope to have additional information available at the Council Meeting of March 27,
1996.)
ALEXANDRIA ENTERPRISES
"Helper of Mankind Through Affordable Housing"
MarCh 15, 1996
Mr. Tom Frame
City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re: Proposed Grace's Landing
SW Corner Louisiana and Palmetto
70 Units of Affordable Rental Housing for the Elderly
Dear Tom:
Please consider this as a formal request to be put on the agenda of the regular meeting of the City
Council on Wednesday, March 27. I would like to make a presentation to the Council on the
proposed 70 units of affordable rental housing for the elderly which I have discussed with you in
orior meetings.
To facilitate this process, I am attaching a project description which includes information on my
background. In addition, I am enclosing my letter of recommendation from. the Village of Tupper
Lake, a legal description of the property, a site location map and a copy of the tax map identifying
the 7.22 acre parcel. Please feel free to contact me should you need any additional information.
Sincerely,
Principal
Carpe~er
P.O. Box 2197
Anna Maria, Florida 34216
813.778.7925 office, 813.778.0749 lacs
PROPOSED PROJECT OVERVIEW
FOR
CITY COUNCIL MEMBERS
CITY OF SEBASTIAN
Proposed Project: Grace's Landing - 70 units of affordable elderly housing
Site Location: SW Corner of Louisiana and Palmetto Avenues Sebastian, Florida
Owner: Grate's Landing Limited Partnership
Bethany A. Carpenter, principal
Project Description:
The proposed project will provide 70 units of affordable rental housing for the elderly population
of Sebastian. We are proposing 56 one bedroom units and 14 two bedroom units. They will l~e one
story garden style apartments. In addition to the 70 units, there will be a community building
which will house a kitchen and community room for on-site activities for the residents, such as
exercise/dance classes, card games, potluelc dinners, etc. The community building will also be
available for a resident's use should they have large family/friend gatherings that they couldn't
hold within their dwelling unit. This site is located in the CdR zone (abutting an RM-8 zone) on a
7.22 acre tract of land at the SW corner of Louisiana and Palmetto Avenues. This location is ideal as
it is within walking distance to the post office, some shopping, the part~, the senior center and
other services. The Indian River Council on Aging has agreed to provide an additional Community
Coach bus-stop at the project and have been very supportive or' the need for this type of housing.
A sanitary sewer force main is available at Main Street and Louisiana Avenue and we have
received permission from the County to hook in at that location. The County has investigated
several ways to bring the water to the site and has found that the shortest distance and least
expensive way would be to bring it up Louisiana from County Road 512. Of course, this involves an
assessment and we are hopeful that the City will support this extension and be willing to
participate as the assessing body. Our portion of the assessment would be between $20,000 and
$25,000.
The "affordable housing" rents are set by HUD and are based on various percentages of the median
income. Qualified tenants would meet certain income guidelines also set forth by HUD. This
project will have eighty-five percent (85%) of the units at sixty percent (60%) of the median
income which computes to an annual income cap or' $16, 980 for a one person household and
$19,380 for a two person household. The remaining fifteen percent (15%) of the units will be at
thirty-five percent (35%) of the median income which computes to an annual income cap of
$9, 898 for a one person household and $11,312 for a two person household. What this actually all
computes to, in terms of rents, is the following:
48 One Bedroom Units ~ $455
8 One Bedroom Units @ $265
12 Two Bedroom Units @ $546
2 Two Bedroom Units @ $318
I Page Two
Proposed Grace's Landing
iProject Overview
The alcove rents include utility allowances of approximately $90 for the one bedroom units and
i$110 for the two bedroom units.
In order to be able to provide affordable housing for the elderly in the City of Sebastian, we will
aced and are applying for Low Income Housing Tax Credits and a State Apartment Incentive Loan
r~rough the Florida Housing Finance Agency. This application is due on April 11., 1.996 and, if
approved, construction would begin sometime in early 199'7.
Owner's Background:
[ am a principal i.n. the Limited Partners'hip which will own the proposed project. I have been in
-~e at'fordable housing development business since 1981 and have worked on projects located
,,aroughout Michigan, indiana, Kentucky, Illinois, Georgia and New York. The majority of the
projects that I have worked on have been ~unded through Federal Loan Programs with Farmers
Home Administration now known as Rural Economic and Community Development, and, as a result,
all of the projects have been located in "rural areas" such as Sebastian. I really enjoy working in
rural America and pride myself in my ability to work with the local governments to achieve a
:ommon goal in the provision of affordable housing. I am attaching a letter of recommendation
~ha[ I received from the Mayor of the Village ot:' Tupper Lake, New York which is where my most
recently ¢ompletect project [s located. I was born and raised in Michigan and in 1984 relocated to
Maine where I spen[ 1.0 years, tn 1994, I moved to Florida to care [or my mother and currently
reside in Anna Maria on the Gulf Coast south of Tampa.
January 26, 1996
To Whom It May Concern:
Please accept this remittal ~s the Village of Tupper Lake's recognition of Bethany
Carpenter and her Kural Apartment Development Corporation.
Ms. Carpenter successfully completed a Iow-moderate income senior housing complex 'in
Tupper Lake during a time when there was a definite need for our seniors to have a
suitable, in some cases, for the very ~rst time in ~ir lives, a modern, clean, ccmfo?ab!e
and efficient place to call home.
In a small area of the North Country such as Tupper Lake it almost seems unheard of that
a developer fi.om Maine and Florida would consider such an undertaldng, however that is
exactly what Beth did and did extxemely well.
The communication between Beth's people and the Village Administrator, Village Board
and Department Heads was smooth ail the way through the less than two years it took
from the very onset of the idea until the units were completely occupied. All steps were
taken to compiy with each and every code, rule and law both at the Village and other
levels of enforcemem.
Since the project was completed the V'fllage of Tupper Lake was finally successful, after
several years of trying in being awarded an almost million dollar HUD grant for housing
rehabilitation and infrasa'um in aa area of our community which was in dire need of
upli/~g and has since opened up to fiature development. We are convinced that without
the "Woodlands Apartments" that would not have been possible. In fact we are in the
process of applying for yet more federal grant money to be used tbr extensions of projects
in that same locale.
On behalf of the Village of Tupper Lake we should like to ex~end our sincere gratitude to
Ms. Beth Carpenter and her talent of giving new life to an undeveloped area and making
the life of many senior,, our true resources, peaceful and worry free during their future
years.
Sincerely,
Mark .T. Ar~'nault
Mayor
EXHIBIT "A" LEGAL DESCRIPTION
That part of Government Lot 4, Township 31 South, Range 39 East, described
as follows:
Starting at the Southwest corner of Government Lot 4, proceeding in a North-
eriy direction 321 feet to a point on the Westerly boundary of Government Lot
4: thence Easterly a distance of 160 feet to a point 321 feet from the South-
erly boundary of Government Lot 4; thence Northerly a distance of 321 feet to
a point on a line parallel with the Southerly boundary of Government Lot 4,
642 feet from said Southerly boundary of Government Lot 4; thence Easterly on
a line parallel wi~h the Southerly boundary of Government Lot 4 a distance of
90 feet; thence Southerly on a line parallel with the Westerly boundary of Gov-
ernment Lot 4 a distance of 175 feet: thence Easterly on a line parallel with
the Southerly boundary of Government Lot 4 a distance of 150 feet: thenc~ North-
erly on a line parallel with the Westerly boundary of Government Lot ~ a dis-
tance of 175 feet to a point on a line p~raiiei with the Southerly boundary of
Government Lot 4; thence Easterly on a line parallel with the Southerly boundary
of Government LOt 4 a distance of 434.67 feet; thence Northerly on a line 156
degrees 50 minutes a distance of li0.88 feet, this latter poin~ being the West-
eriy boundary of Louisiana Avenue, in the City of Sebastian, Florida; thence
Southeasterly on a line described as ~he Westerly boundary of Louisiana Avenue,
~aid line 80 degrees 17 minutes from the immediateiy preceeding described bound-
ary, a distance of 512.40 feet on the Westerly boundary of Louisiana Avenue;
thence Westerly on a line 68 degrees 3] minutes from the previous immediately
described boundary, said line being parallel with the Southerly boundary of
Government Lo~ 4, a distance of 873.99 feet to a point on a line parailei with
the Westerly boundary of Government Lot 4; thence South a distance of 210 feet
to the Southerly boundary of Government Lot 4; thence Westerly on the Southerly
boundary of Government Lot 4 a distance of 250 feet to the Point of Begidning;
all property being and lying in Indian River County, Florida.
LESS: Begin 677.8 feet South and 160 feet East of the NW corner of Government
Lot 4, run East 90 feet, South 328 feet, West 90 feet, North 328 feet to point
of beginning (except the North 20 feet for road);
Also begin at the SW corner of Government Lot 4, run East 250 feet; thence North
~21 feet to land deeded to S.B. Hail; thence West 278 feet: thence South 321
feet; thence East 28 feet to point of beginning;
Sai~ land being part of Government Lots 3 and 4, Section 6, Township 31 South,
Range 39 East; situate in the City of Sebastian, Indian River County, Florida.
~ LJTTL,-'
AIRPQflT
HO$~:L~ND ~
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CHAPTER 3: HOUSiNG
(reference §93-i0i0(3),
§3-t HOUSING- GOALS. OBJ'F_.CTTV~S. Az'rD [MP~.~,.M~NTING POLICIES. Th/s ses~on
stipulams' goals, ob~ecuves, and implementing poi/c/es for ~e Housin~ Element pursuant to
nss.szsT(e( , §gs-iozo(s)(a¢), F.A.C.
GOAL 3-I: HOUSinG. AZ_LOC~A.T~ LAirD ARE~{ FOR ACCOMi~ODATINO A SUPPLY
OF HOUSING RESPONSIVE TO Z'HE DDFERSE HOUSING NEEDS OF %I-IE EXISTING
A~XfID PROJECTED YI~ POPULATION AzxflD .ASSIST TI-iE PRIVATE SECTOR ~
PROV-EDi~G A~'-FORDABLE QUALITY I-lOUSING IH N'EIGi-IBORI-IOODS PROTECFED
FROM iNCOMI~A. TIBLE USES AND SERVED BY ADEQUATE PUBLIC FACTi'IrlES.
OB/ECI/V]E $-1.1: PROMOTE AFFORDABLe, HOUSING A2qID ADEQUATE SITES FOR
LOW ~ MODERAr~ ~COM~ HOUS~G. ~t ~ prolog mc projec:cd need for
1145 addifion~ Iow ~d moderate hommg anita for ~e period 1990 t~ou~ 1995. ~ tot~
includes I028 o~er~c~apied umm ~d 117 rental umu. ~ order to meet ~e iow ~d moderate
income need for the period 1996 ~ou~ 2010, ~ addi~ona 117~ ho~g umm ~ be needed.
~s to~ consis~ of t049 omermccupied mm ~d ~ ren~ mm. Tabl~ ~-9 ~d ~-10 m
the ~mprehe~ive Plan, Hommg Element Dam hvenrou
merhodoto~ for ~e prolemons
The Cky of Sebastian shall as.sisr/n providing for :he pro~ected total addkional hommg aced for
the period 1990 through 1995 of !621 homing umm, including both Iow and moderate income
housmg needs and ali other homing demands. TnB total/nctudes !338 owner-occupied umm and
283 rental ants. in order to meet the overall need for additional homing un/ts' from 1996 r. hrough
2010 r_he City shall assisz m providing for a proiected 6093 housing umts, including Iow and
moderate as well as all other additional homing needs. This total includes 5030 owner occupied
housing units and !063 rental housing units.
Policy 3-t.I.I: Technical Ass/stance. I, nforrnadon and .Referral Serv/¢e~.. Provide techn/cal
assistance, information and referral services to the private sector m order to mamta/n a housing
production capacity sufficient :o meet the projcmed homing market demand and continue to
advance fair homing amd elimination of discr/mination in housing.
Policy _%1.1.2: ... De',etooing...Pubtic/Pr/za_.te Parmershios. Develop local government
parmerships with nbc private sector in order to /morove the ef:fidency and expand thc capadty
of the housing delivery system. Ac=om shall include coordinating with Indian R/ver County and
the General Development Utilities Corporation in order ro oromote the timely ~ension of water
and wastewater services to residential aze. a~ as nec~sary. S~tilarty, the Ciq~ shall a/so coordinate
the installation of community fac/h'ties support/ye to houxing resources.
Poticv 3-1.1.3: Affordable Housing for Low and..Mo.demte [ncom.e Households~ By
September i990 the City shall amend its land development reg,.darious in order to include
pnnciples and criteria for locating Iow and moderate income housing. The Ckv shall continue
re promote access to a broad range of housing opponumfics '~th a full containment of urban
se:vices through cooperation and coordination with the private se=or and indian River County.
II Il I II iml iii i im m
%ne City of Sebastian acknowledges the need for affordable Iow and moderate income housing
and has provided one of the County's largest concentration of affordable home-q/ms.
Sites for affordable housing for Iow and moderate income households shall be approved ff such
sims have access to the following faciiiues, se~wices and/or activity centers:
Se,w/ced by potable water and central wastewater ,sysmms;
Access/bio to empioyrnen~ cenmi~, includ/ng shopping cente,m which accommodate
stores offering household goods and services needed on a frequent and recurring
basis; '-
Located on a paved street accessfale to a major street (i.e., included in the City's
major thorough/are plan);
Accessible to public park~, re,cation ares, and/or open space ,systems; and
Located on sites having adequate surface water management and solid waste
collecuon and disposal.
T'ne City shah promote the use of fedora/, state, and local subsidy programs, including Sec. 208
funding, to meet the need for affordable housing. The City Department of Commun/ty
Development shall meet with the Ludian River County Planning Director and the Direc:or of the
Indian River County Housing Au~or/ty and by the end of 1991 draft a program for annual
evaluation of affordable housing ne=ds within thc incorporated and unincorporated area~. The
program shall/nctude annual aszessmenm, including recommended actiom for the emumg year.
The annual assessment of affordable housing nced~ shall be presented to the City Plmming and
Zon/ng Board and the City Council for action.
Furthermore, the Cfty shah parr/cipate itl Treasure Coast Regional Planning Council in/r/adves
directed toward educating local gm, ernments of new tcchniqu~ especially programs applicable
to the region and/or the County, for promoting affordable housing. Lu drafting updated land
development regulations, the City shall ensure that regulatory tec,hniques and review procedures
do not create bart/ers to affordable housing. The Cisy shall also promote nondiscr/minadon in
access t~-housing within the Ggt by promoting fx/r housing laws and practices.
OBJE 3-i.2: M^INT^.IN HOU ,.. o STO, CK OF S.TJBST, PD ..D b, STT'.$.
The City had only ~ighr (8) substandard housing un/rs as of 1987, representing less than three-
tenths (3/10) of a percent of the total housing stoc~ The City shall use the code enforcement
program to take necessary acr/ons to carte= em.sting deficiencies/n order to ach/eve a housing
stock free of substandard units.
Policy 3-1.2.1: Code Enforcement Acdvir/eo_, The City shall/molemenr code enforcement
activities/ri order to achieve a housing stock flee of substandard un/m, including ur~grading the
ei~dard unim by 1995. '
3-2
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Request for letter of )
Support for the Heritage Company to )
develop affordable housing in Sebastian)
)
Approval For Submittal By: )
,-~--;~, ..vf" )
City Manager / C/F" )
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AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 03/21/96
For Agenda Of.' 03/27/96
Exhibits:
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
The Heritage Company is proposing to develop affordable housing in the form of single
family, dwellings in the Sebastian Highlands area of the City. They are on the Agenda for
the March 21, 1996 meeting of the Planning and Zoning Commission and have requested to
be heard by the Council on the March 27, 1996 meeting. The Heritage Company is currently
seeking a letter of support from the City Council for the development of their affordable
housing units and will make a presentation before the City Council.
RECOMMENDATION
Planning and Zoning meeting therefore, particular attention
recommendation from the Planning and Zoning Commission.
Low and moderate income housing is generally a des/table thing. In the case of single family
dwellings, wherein many will be initially of a rental nature, care should be taken as to the
concentration of the proposed sites. This was a concern expressed at the March 7, 1996
should be made to the
~ MM-'
THE HERITAGE COMPANIES - oosrN¢,mC
Specialists in Federal Goverm~ent Assisted Programs
March 20, 1996
City Council
1225 Main ,Street
Sebastian, Florida 32958
Attention: Thomas Frame
Re: Sandy Shores
Sebastian. Florida
Members of the Council:
I-~ERITAG]~ CONSTRUCTION CO., INC.
Licensed Germr~l Con,actor
bIER~TAGE AMERICA CORP. i
Licensed Real Estate Broker
The Heritage Companies are a national affordable housing developer, general contractor and
property management company with vast acquisition, development, construction, and
management experience, Heritage has built or rehabilitated approximately 1200 detached
single family homes and approximately 2,550 multi-family units. The Heritage Companies have
created an enhanced public image of affordable housing by providing individuals and
families with tncomes of sixty percent (60%] or less of the area median income with attractive,
safe anct sanitary affordable housing.
The Heritage Companies are currently proposing fo acquire and develop approximately 49
lots in the Sebastian Highlands oreck. The homes provide for three bedroom, l~vo baths and
would include amenity features such als: mini blinds for ali windows, decorator wall fa wall
carpet, energy efficient heating and air conditioning systems, large walk-in closets,
washer/dryer connections, designer cabinetry, and c~ached garages. The proposed homes
woutd be similar in appearance to our exi~ng 45 four bedroom, two bath homes in the same
locati=.O.n in Sebastian Highlands.
Heritage will apply to the Flodda Housing Rnance Agency for iow income housing fax credits,
which would generate equity for the development costs cnd allow for a lower first mortgage.
The Heritage Companies respectfully request that the Cify Council isssue a letter of
recommendation to The Heritage Companies in support of this proposed affordable housing
development in tel'~astian Highlands. The letter would assist Heritage fo procure additional
points in an extremely competitive application process.
P.O. Box 1441 · 450 Challenger Road · Cape Canaveral, FL32920 · 40%799-4090 · FAX407-799-O233
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I will be present at the up coming meeting on March 27, 1996 in order to answer any questions
or respond to any comments thclt you may have regarding our proposal and request. We look
forward to the suppod and cooperation of the City Council and the opportunity fo further
c~evelop affordable housing in Sebastian.
Sincerely,
' .~/" -;'//----
,Principal
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SUBJECT:
Ordinance No. O-96-10
Purchasing Procedures
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City of Sebastian
1225 MAIN STREET rn SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
CITY cOUNCIL AGENDA TRANSMITTAL
DEPT. ORIGIN:
DATE SUBMITTED:
MEETING DATE:
APPROVED FOR SUBMITTAL:
City Manager' /7/~ --
EXHIBITS:
None
I Expenditure Required.-~ Amount Budgeted: -~ Appropriation Required:
SUMMARY STATEMENT
The purchasing ordinance and policies are currently being reviewed internally and it is
anticipated that a more comprehensive purchasing ordinance will be presented for final
review by the City Attorney no later than April 30, 1996. Upon finalization of review by
City Attorney, the matter will be placed on the Council's agenda for first reading.
RECOMMENDATION
Defer matter pending receipt of completed ordinance from attorney as outlined in
summary above.
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City of Sebastian
1'225 MAIN STREF-.T c~ SF__.BASTIAN,' FLORIDA 32.958
TELEPHONE (407') 589-5330 ~ FAX (407') 589-5570
CITY cOUNCIL AGENDA TRANSMITTAL
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SUBJECT:
Item 96.013 - City Attorney
Appficants
AGENDA NO:
DEPT. ORIGIN:
DATE SUBMITTED:
39 96
M3EETING DATE:
APPROVED FOR SUBMITTAL:
City Manager :~ --
EXRIBITS:
Expenditure Required:-~ Amount Budgeted:
~vtM~g¥ sT^T~~
Due to the fact that listed backup for this item is so lengthy, we are asking you to refer to
your March 14, 1996 agenda packet. The two new members of Council were given
copies of the material subsequent to their taking office.
you.
-~ Appropriation Required:
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City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (4.07) 589-5330 = FAX (407) 589-5570
SUBJECT: REQUEST FROM SEBASTIAN
AREA BUSINESS coUNCIL TO USE
RIVERVIEW pARK
Approved For submittal By:
city Manager
Agenda Number: ~~
Dept. origin: Co_~mmun~
Date submitted: _
For Agenda of: 3/27/96
Exhibits:
Eugene Jacobs letter of 2-14-96
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REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
The Sebastian Area
councml to ut~lmze
fair and barbecue.
unless otherwise stipulated by City council, the following
rules ~or use o~ ~mvervmeW Par~:
sUMMARY ~TATEMENT
Business council is requesting permission from the City
RivervmeW Park on SundaY, April 28, 1996 for a business
are established
1. $100.00 Security Deposit
NO venmcles mn the ~ark.
3. Applicant to provide sufficient waste receptacles and
clean up after event.
4. No alcoholic beverages are permitted within the park.
D. All. amsp£a~s must De clear o~ t~e sidewalks and entranceways'
5. Any goods for sale must be handmade by members of the
the flealth
organmzation'
'7.Applicant must contact and receive approval from
Deparcmen~ regaromng the sale o~ food.
staff has spoken to Mr. Jacobs regarding the type of vendors involved and
whether they w~£1 comply wmth Rule No. ~ above. ~r. Jacobs has stated
that the booths will be more informational in.nature rather than vending;
however, ne dmd not wms~ to De £mm~ted by Rule No. 6 above. He also aske
that his request be presented to C~ty council for review and that he
will answer any questions regarding the event at the council meeting.
RECOMMENDED ~
Review request from Sebastian Area BUsiness Council for USe of Riverview
Park on Sunday, April 28, 1996. ApProve request subject to standard
conditions, or approve request subject to Standard conditions except for
Rule No. 6 noted above.
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10946 Rosetand Rd
Sebastian, FL 32958
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· Sebastian City council
Sebastian, FL 32958
To: Members- Sebastian City CounCil:
"~'"".:'i: The Sebastian Area Business CounCil requests use of Riverside park on:
Sunday, ?.~April 1996, from 9 AM
- , Business Fair/Bar-B-Q open to the public.
- --orinn a -scdncj Fling, invited to set up Booths, sugCyincJ
on~ ~ will be
5P ..... ^,=~ Businesses
Sel0asoau '"'"'~ by either a band or Disc jocKeY. Vendor space
their own tables, etc.
Music will be provided '
be allocated on a first come - first serve bas~s.
.i SincerelY, ~..~
SecretaryFFreasurer
Sebastian Area Busir~ess CounCil
7 6111.:713~l~l~-orrq~mselr v e'C°m
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (,407) 589-5330 d FAX (407) 589-5570
AGENDA TRANSMITTAL
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SUBJECT: Local review of federally
funded activities that are proposed
to occur within the municipal
boundaries of the City of Sebastian
Approval For Submittal By:
City Manager_ /U, w:~ _
EXI?ENDITI~E
REQUIRED: N/A
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AMOUNT
BIYDGETED: N/A
AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 03/19/96
For Agenda Of: 03/2'7/96
REQL~IRED:
Exhibits:
-Letter Dated 3/11/96 from Dept.
of Community Affairs to the Mayor
of Sebastian
APPROPRIATION
N/A
SUMMARY
Attached is a copy of a letter which was received from Nfl". James Marley, Secretary
of the Florida Department of Community Affairs. The thrust of the letter is an inquiry
to the City, whether it wishes to have an oppommity to have review and input throu~
the Regional Planning Council on federally funded activities that are proposed to occur
within the municipal boundaries of the City of Sebastian. The review would give an
oppommity for the City to ensure that any proposed activitY, which would be federally
funded would comply with the existing plans, procedures and local policies of the City
as reflected in the City's Comprehensive ?lan.
R-~ECOMMENDATiON
The State would like to receive a request either/n the atTxnnative or negative to the
City's participation. S/rice the review would be coord/nated via the Reg/onal Planning
Council, it would be my op/n/on that th/s would not p/ace an undue burden on City staff
to provide th/s/eve/ofrev/ew and comment, ffthe City Council wishes to part/c/pate
in the review process, it would be my recommendation that the City Manager be
designated as the contact person at this t/me to receive and provide review and
comment back to the Reg/ona/Planning Council.
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sTATE OF FLORIDA
NT OF coMMUNITY AFFAIRS
' pLANNING AND MANAGEMENT
D E PA RTH~OJiNGANDCOMMUNiTYDEVELOPMENT'RESOURCE
EMERGENCY MANAGEMENT' JAMES F' MS~R:mE;
LAw'tON CH~LES
Governoe
~ e ~onorable Arthur L. Fir%ion
Mayor, City of sebastian
1225 Main saree5
sebastian, FYorida 32958
March !l, 1996
,%,
'" '.~'~n,~c ....
Dear Mayor Firtion:
The ~edera! coastal Zone Management Act, 16 U.S.C. §§ !45!-
. t= of =~orzaa to review .~ederal
-' i es ~he Sta - ~-
~ CZ~), author z ~= ~r_ 's coaSta~ zone to ensure that
~6- [ , __ ~ ..... ate of the Florida
ac~v-~7-. · --molv with tn= --~- ~lo~da d~!nes its
C_aSta~ Management p~og~am,
zone a~ the enu-- , which occur ~n eaC~ _~.,~_= compliance
counties- zeae%=- ~__ {~c~uded ~n ._ne ~-~'~- . ~ ~ge and
and ~u~ - - · --=ae's wa~-r, - , .... ~nerab~l-~Y -
orou-u~- ___~.. minlmlze ~'* - ~ s~aSe'S 9~'~- '
~=~a~ hazardS; en - ,'-_taS=,s 5ranspo-- - ~ ' ~- cf
~ = :-~ submerged lands- -ed by the
sovere~ ,. authority gran~
.... evieW tho~Sanu= ~- -._.. ~roc=SS, rez~ .... -,-~-atio~s or
5hroughouu r~_ _ -~owed 5he $ca~- ~_._~ ==~ to comply
5he sta~e's u~a ~s ac:LV~:~es co~ ~ ~c~iv~t~es;
~e~n 1 ~ve~nmenu agenu~, - Q --
EW
~ 7 4 155~tSum~"'n
FLORIDA ~US AR~ O~ CRI~ ~A~ C0NC~N P.O. ~x ~ B~, ~0fi~
fiELD OFH~ Miami, R~
27% ~s Highway, S~jt~ 12 ,
The ~onorab!e D~hur L. Firzion
March !Z, !996
Page Two
activities Which re.cnlire a federal license or permit; and oil and
Pas exploration on The Outer Continental Shelf.
Despite ~he Comprehensive State level review, the federal
actions reviewed and approved by the StaTe do not always address
the COncerns of affected local
- governments, in order To prOVide
a meChanism zo ensure That local government COncerns are
Considered durin~ The review PrOcess, the DeparCmen~ of Community
Affairs (Department), .which serves as the state,s lead
a~ency, amended ~he POlicies enforceable through the federal
COastal
COnsistency Process. This amendment added Parns of Cham~er 163
Part Ii, Florida Statutes CF.s.), and Chapte~ 9~j5' Florida
AdminiStrative Code (F.A C.), to the Florida Coastal Managemenn
Program. .. - ~ ,
Jt, FT~e~addition of Chapter ? .
~ .... '>', Provides ~_~ . -~3, Par~ f! F ~
3~un~tY ~o fo~._~~= sCa~e,s local ~_ '~., and ChaD~e~
PrOcess. L~-~ .... =~Y ParticiD=~= , ~v~r~men~s wi~ -, -
acti ..... ~=~ ~CVernmen~_ -~- ~n the in~=--- -h the
~ ~-az agencies w~_~,'=~i ]Urzsdic~ion r_ .'iY-aw federal
;Ocal POlicies __3=~ner ~he prODose~ -_i~ inform s~ate an~
Comprehensive Plans. To faci!{Tat
~°vernmen~s in'the re_~ - '
with the sta~,_', ~ v~ew process, et~e~nc±usion of !oc~
and ~e_~__. . = -e=iOnai ' uesarzment h
uz~Zca4 assistance, P!ann!n~ Counc~7~ ,_ as Contracted
review PrOCess and to aid {- 3J' ~ PrOVide
~u~aulo~ of ~he
Although local governments are able to participate in the
fedeD~! COnsistency review, local government PartiCipation is no~
reqUired. Each local gOVernmen~ may choose ~o ·
Therefore, on behalf of the FCMp, The participate.
a formal invitation to the Department Wishes to
~he federal Consistency City of
' review Sebastian to ~-~ . ., extend
Pa~u-C!pate in
, process. If ~he City decides to
partlciDa~= ~he Department needs the name, address and telephone
number of an individual authorized To serve as ~he point of
Con~act for ~he City.
Once ~he contact person has been"
~iven the opportunity to Specify the t~vPes of projects you wish
designated, he/she ~i!7 be
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The Honorable Arthur L. Firtion
March iI, 1996
Page Three
re
to review. The contac/ person will then ~o~v~ detailed
descriptions of ~ederal actions proposed for your jurisdiction.
~-~ '~ be asked co adv±se the Department, via the regional
planning councils, whether the Drooosed actions are in ac~°rd
with local Doiicies, procedures and plans'as reu£ec~-
City of Sebastian's Comurehensive plan.
ons~st=ncv rev!ew pro~- --~-~w ==de~a~ actions during
with a un_gu= ~- ~ ~=derai conSZS~-~ - _
~roposed ~ede~a- ' ~ '
planning process.
if you decide to paruic±paue, the name and address of your
contaCt person should be fo~arded to Ms. Keri _~ers, Florida
State clearinghouse, at the above address. Ms. ~ers may aisc be
~38 if the City cf Sebastian decides
__a~h~= at (90~) 922-5
no uarn~Czpa~e, the sua:e will continue to review federal
- . ~ " ~ n However, winhcu~ your input,
proposed for your ]ur=sa~C~-O · - your concerns are addresse~
s~a~e will not be able ~o ensure that
during 5he _er,- -
We surong!Y encourage your participation and we look forward
to your response. [f you would like addi5ional information about
the federal consistency process, please contac= Ms. jasmin
Sincerely,
Secre~a~
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Joel L. Kcford, City of Sebastian
City of Sebastian
1225 MAIN STREET c3 SF:BASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
MEMORANDUM
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DATE:
TO:
FROM:
March 20, 1996
Honorable Members of City Council
Thomas W. Frame, City Manager ~
SUBJECT: Grant Applications
It has been recently brought to my attention, as I currently understand the application
deadline, April 1 st of this year is the date which has been established by the Florida Inlet
Navigation District to receive applications. I would be most appreciative if the City Council
would authorize the City Manager to detern4ne what, if anY, grants could be available and
to file for such grants with the understanding that the matter would be brought back to the
City Council for their blessing to ensure that any application is acceptable to the Council as
a whole.
/jmt
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City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
CITY cOUNCiL AGENDA TRANSMITTAL
AG~A ~0:
Appointments to County and
Regional Committees
DEPT. ORIGIN:
DATE SUBMITTED:
MEETING DATE:
APPROVED FOR SUBMITTAL:
EXItlBITS:
Liaison List
City Manager'
xpendatur Requi
Amount Budgeted:
Appropriation Required:
~UMMARY STATEMEN~
Koutinely, after the new City Council is seated, one of the first orders of business is for
the Mayor to appoint City Council members to county and regional boards.
The accuracy of the attached liaison list has been verified with all appropriate parties and
is pr_e. sented for your review.
BECOMMENDED ACTION
Choose the committee(s) on which you wish to serve as member or alternate. Mayor
Cartwright will formally appoint.
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CITY COUNCIL MEMBERS
LIAISONS TO COUNTY AND REGIONAL BOARDS
AFFORDABLE HOUSiNG ADVISORY COMMITTEE: (Indian River County)
Current Member: Bruce Cooper (appointed 4/12/95)
member can be elected official or other city representative appointed by governing body
4/6/94 - Bruce Cooper appointed .~ ~--~t.. ~z.- f~ ~~
4/12/95 - Bruce Cooper appointed
Secretary Reta Smith, IRC Commission Office
Location: County Administration Bldg. - 1st Floor Conference Room
Time: Quarterly on 2nd Thursday of Month - 3:00 P.M.
COUNCIL OF PUBLIC OFFICIALS: (Indian River County)
Currrent Member: Louise Cartwfight (appointed 4/12/95) ~ ~~
Altgllg~: Norma Damp (appointed 4/12/95)
_P. IIIII.o~: To improve government efficiency and reduce taxes
1/12/94
1/26/94
4/6/94
4/12/95
Sec~'etary:
Adopted by Resolution No. R-94-03 - Interlocal Agreement
-R-94-03 slightly modified by R-94-08
Robert Freeland appointed
Robert Freeland reappointed
Louise Cartwright appointed member
Nonna Damp appointed alternate
Reta Smith, IRC Commission Office
Location:
Time:
County Administration Bldg. - 1st Floor Conference Room
3rd Wednesday of Month - 9:00 A.M.
ECONOMIC DEVELOPMENT COUNCiL: (Indian River County)
Current Member: Norma Damp (appointed 5/10/95)
~teallal~: Louise Cartwright (appointed 5/10/95)
Purpose: Encourage new business to come to Indian River County
5/14/86
4/25/90
3/27/91
3/25/92
3/24/93
4/6/94
4/6/94
4/12/95
4/12/95
5/10/95
5/10/95
~ccrcta~-
- Lloyd Rondeau appointed
- Robert McCoilum appointed
- George Reid appointed
- George Reid reappointed
- Norma Damp reappointed
- Arthur Firtion appointed
- Norma Damp appointed alternate
- Carolyn Corum appointed
- Norma Damp appointed alternate
- Norma Damp appointed member
Lomse Cartwfight appointed altemate_J
Jan/ce Caldwell, IRC Commission Office
Location:
Time:
County Administration Bldg. - 1st Floor Conference Room
4th Tuesday of Month - 3:00 P.M.
EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE:
County)
Current Member: Arthur Firtion (appointed 4/12/95)
~dlllllla~: Norma Damp (appointed 4/12/95)
t~p_9~: '92 IRC referendum consolidated emergency services - advisory
History:
3/25/92
4/6/94
4/6/94
4/12/95
4/12/95
- Lonnie Powell appointed
- Norma Damp appointed
- Arthur Firtion appointed alternate
- Arthur Firtion appointed
- Norma Damp appointed alternate
(Indian
River
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Location:
Time:
Jan Masi, IRC Commission Office
County Administration Bldg. - 1st Floor Conference Room
3 or 4 Times Per Year
LAND ACQUISITION COMMITTEE: (Indian River County)
Current Member: Carolyn Corum
P._grp_9~: '92 IRC referendum - $26M Bond - Seek Land - Advisory
5/2/90
4/3/91
9/25/91
3/25/92
4/12/95
- Robert McCollum appointed
- Lonme Powell appointed
- George Reid appointed alternate
- Carolyn Corem appointed (as long as she remains on committee her position
can continue - according to secretary Jan Masi)
- Carolyn Corem reappointed d~~~'~
Secretary: jan Masi, IRC Commission Office
Location:
Time:
County Administration Bldg. - 1st Floor Conference Room
Last Wednesday of Month - 1:30 P.M.
METROPOLITAN PLANNING ORGANIZA~ON (MPO): (Indian River
(Pre~ously called Transportation Planning Committee)
Current Member: Raymond Halloran (appointed 3/22/95) t4
~arrent Alternate: Carolyn Corem (appointed 3/22/95)
~taff Representative: Public Works Director, Richard Votapka
P..gI:p_o~: Transportation planning and obtain federal transportation funds
County)
as Transportation Planning Committee:
6/3/87
5/25/88
1/24/90
3/28/90
4/11/90
8/8/90
3/27/91
4/3/91
8/14/91
3/25/92
6/17/92
- George Metcalf appointed
- Jim Wadsworth (P&Z) appointed ex-officio
- Robert McCarthy appointed
- Peter Sones appointed alternate
- Lloyd Rondeau appointed
- Frank Oberbeck appointed alternate
- Frank Oberbeck appointed (Rondeau resigned)
- Robert McCollum appointed alternate
- Lonnie Powell appointed alternate
- Peter FIolyk appointed alternate
- Will Conyers appointed
- Peter Holyk appointed alternate
- Frank Oberbeck appointed
- Peter Holyk appointed alternate
- Fmxtk Oberbeek appointed
- Peter FIolyk appointed alternate
as Metropolitan Planning Organization:
2/24/93
3/24/93
4/6/94
4/6/94
3/22/95
3/22/95
Resolution No. R-92-30
Robert Freeland appointed alternate
Frank Oberbeck reappointed
Robert Freeland reappointed alternate
Raymond FIalloran appointed regular member
Carolyn Corum appointed alternate
12/1/93 - Harry Thomas appointed to MPO Citizen Advisory Committee
3/94 - Chief Petty appointed to MPO Bikepath Committee ~_-q,-e,.~
Location: County Administration Bldg. - ist Floor Conference Room
Time: 2nd Wednesday of Month - 10:30 A.M.
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SEBASTIAN RIVER AREA CItAMBER OF COMMERCE
~urrent Member: Arthur Firtion (appointed 4/12/95)
Alternate Member: Norma Damp (appointed 4/12/95)
E_m:g.o-~: Promote business in the Sebastian River area
[~6~93
3/23/94
3/24/94
4/6/95
4/12/95
4/12/9
Location:
Time:
- City Manager Robert McClary appointed
- Robert Freeland appointed
- Arthur Firtion appointed alternate
- Arthur Firtion replaced Robert Freeland
- Norma Damp appointed alternate
- Arthur Firtion appointed .~~
- Norma Damp appointed alternate q.--a_~,,~k a_-
Chamber of Commerce Office U.S. 1 - Sebastian
2nd Thursday of Month - 5:30 P.M.
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TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS: (Regional)
_Current Member: Arthur Firtion (appointed 4/12/95)
~: Carolyn Corem (appointed 4/12/95)
~: Cooperative government - county and municipal in region south to Martin
History:
8/12/92
4/14/93
4/6/94
4/6/94
:'4/12/95
- Lonnie Powell appointed
- George Reid appointed alternate
. Kesolution No. I[-93-15 adopted
- Robert Freeland appointed alternate
- Arthur Firtion appointed
.1[obert Freeland appointed alternate
- Arthur Firtion appointed
4/12/95 - Carolyn Corem appointed alternate
Member should be elected chief executive or member of governing body - can appoint
an alternate
Chairman: Steve Porter, Okeechobee
Office of Carolyn Ginn, Vero Beach City Hall has info
Location:
St. Lucie County Administration Bldg.
Ft. Pierce (across from College)
Virginia Avenue
Time:
1st Wednesday of Month = 10:00 A.M.
TREASURE COAST REGIONAL PLANNING COUNCIL: (Regional)
(City of Sebastian currently serves as alternate member)
Current Member: Raymond Halloran (appointed 4/12/95)
~ Louise Cartwright (appointed 4/12/95)
]~lll:g~: Review local Comprehensive Land Use Plans, DRPs, etc.
12/14/85
6/86
10/93
4/6/95
4/12/95
- Gene Harris appo/nted
- Robert McCarthy appointed
- Carolyn Corum appointed for two years
- Carolyn Corum reappointed for additional year
- Raymond Hal/oran appointed ~r,A~~
4/12/95 - Lou/se Cartwright appointed alternate -l-~co~.~c,a_,
in October 1995 Sebastian will become voting member for two years
Location: Howard Johnson's Motor Lodge
950 U.S. Highway One
Stuart
Time:
3rd Friday of Month - 9:30 A.M.
-' \wp-n~n~l/a/son
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