HomeMy WebLinkAbout1022199797.018
I'I hrDING LIST
(Incomplete Council Agenda Items as of 10/24/97)
Ordinance 0-97-09 - Amending the LDC Re: Procedures Re: Regulation Of Obstructions To
Visibility - 1/15/97 workshop - ftttther review. 3/26/97 workshop - to 1~ ro¥i,~,,t further and
revi by nm PW..Dimtor
97.051
Discuss Park Use Policy - 1/22/97 workshop - City Attorney to draft ordinance for another
workshop. 5/28/97 discussion City Manager distributed draft recently - workshop asap -
6/11/97 workshop - revisions made - [0 ~l~le bigtq to e~llI~;il
97.054
Resolution No. R.97-05 - Falcon Cable Franchise Extension to March 19, 1997 (see 96.151) -
1/22/97 agenda, adopted - expiration 3/19/97 - City Manager distributed draft ordinance and
guide to Telecommunications Act - Adopt Resolution No. R-97-15 - Falcon Cable Franchise 60
Day Extension to May 17, 1997 - 3/5/97 agenda - adopted - expires 5/17/97 - Resolution No.
R-97-29 - 5/14/97 agenda - adopted - to expire July 15 - Adopt Resolution No. R-97-37 -
Falcon Cable Franchise Extension to September 12, 1997 - 7/9/97 agenda - adopted - expires
9/12/97. Telecommunications Ordinance- 7/16/97 workshop agenda- City Manager to meet
with IRC and reps from other municipalities on 8/4/97 - Adopt Resolution No. R-97-50 -
Falcon Cable TV Franchise 60 Day Extension to 11/11/97 - 9/3/97 agenda - ¢~tcn~l .gl to
11/11/97
97.060
Planning and Zoning Commission Recommendation to Request City Council to Direct City
Manager to Develop Plan of Action to Address Louisiana Avenue from Main Street to
Proposed Intersection with High Street and Palmetto Avenue - 1/22/97 agenda - deferred until
after Grace's Landing appeal heard - (~iLY Malllg~r directs[ IQ o~ld to Capital Iml~rov~m~l~ a,
97.071
Cavcorp Property Parking Improvements - Conceptual Site Plan - 2/12/97 agenda - staff
conceptual plan approved with minor modifications - staff to have re-engineered by CRA.
brought back to City Council for review prior to bid - management plan to be brought baok
Review Final Plans for Cavcorp Property Prepared by CRA Engineering - Determine Counci
Satisfaction Prior to Submitting Plans to Planning and Zoning Commission for Site Plan
Approval and Solicitation of Bids by Staff- 6/25/97 agenda - Engineer to do sketch showir
parking for 719/97. time ran out - carried to 7/23/97 - new design suggested by Mr. Paul
approved with minor conditions - tO go tO P 81; ~ fQr ~Jt~ l~lim approval thmto bid
97.112
Parking ordinance - 4/9/97 workshop - certain revisions recommended - carried to 4/23/f
workshop - 6/18/97 workshop - revisions made - to be redraf~xxl and brought back - 8/6
agenda - revisions made - xx to be revised without 98-31 and 98-36 at this time until
reviews - zz to be postponed to next available workshop while it is ascertained if
screening/limitation of Rvs required - Ordinance No. O-97-61 parking on 8/27/97 age
1st reading, deferred to 9125197 regular agenda for City Attorney review - First Rea
Ordinance No. O-97-61 as Revised- Parking/Traffic- Schedule Second Reading, P,
Heating and Final Adoption for November 19, 1997 - 19/22/97.~gemla
97.116
Police Department lha'chase
$8,970 from Drag Forfeiture Funds Account. 4/9/97 agenda - approved -
into f~di~g additional
97.118
97.129
97.141
97.143
97.156
97.159
L166
Conduct Public Hearing on Application for Special Use Permit for a Proposed Libertino
Daycare Center - Tract E, Block 485, South Wimbrow Drive in Residential Single Family
District (RS- 10) - Consider Adoption of Resolution No. R- 97-23 - 4/16/97 special meeting -
deferred to 5/7/97 special meeting - denied - Schedule Attorney/Client Meeting Re:
Libertino/ordonez Appeal - Authorize Staffto Obtain Services of Court Reporter - 6/25/97
agenda- hc ul .fo[ 711/9-7
Waterline Special Assessment for Oyster Pointe and Oyster Bay Resort - 4/23/97 agenda -
deferred to 5/14/97 for report from City Attorney - Attomc"y report - {IQ ll0[lgag ~11; ~ti~ l;ime,.-
Annual Review of City Attorney Contract - 5114/97 agenda - deferred to 5/28/97 - Ci_ty
hian g r to with. a h Coaucil, mmt r - compile.~tt~eitiom md.bring back to Co~cil
Review Proposed Ordinance No. 0-9748 - Residential Use Screening - Section 20A-
3.11.D.7.(c) - 5/21/97 workshop agenda - d,f~rro;l.f0r fllrth~r, r~¥J~;w by r~'corm~r~datior~ of
Set June 4, 1997 Workshop for Stormwater Matters - 5/28/97 agenda - scheduled for 6/4/97 -
use this number for 97 Stormwater mattexs - 6/11/97 agenda - Approve Cost Share Agreement
Between St. Johns River Water Management District and City of Sebastian for Main Street
Basin Baffle Box and Filtration System - approved- Approve Water Quality Monitoring
Contract Between Sebastian & Brevard Teaching and Re;search Laboratories Prepared by City
Attorney - Authofiz~ City Manager to Execute Contract - approved - uso this number for 97
stormwater plan matters - Presentation by John Hill, P.E. - Craven Thompson & Associates -
FEMA Flood Zones and Flooding Predictions for the Highlands Subdivision - 9/3/97 agenda -
Approve First Amendment to Agreement Between St. Johns River Water Management District
for D~veiopment and Implementation of Surface Water Management Plan for City of Sebastian
- 9/3197 agenda - 1st amendment to Agreement with SJRWMD approved - ~ity.(~0~;jl
floo~map matt~ at.fu~Xa'~ meeting
Determine if City Council Desires to Proceed Waterfront Land Acquisition - Bird Realty
Group, Inc. - 5/28/97 agenda - council not interest~ - 6/24/97 workshop - C~glg
Mrs. Ruth Sullivan Coo. cern About Combined Parking Regulations - 6/11/97 agenda - placed
on 6/24/97 wish list workshop - 8/6/97 workshop - DCD to draft ord to delete - First Reading
of ordinance No. 0-97-58 - D~leting Shared Parking Provision - Set Second Reading and
Public Hearing for 9/24/97 - Deferred from 8/27/97 Regular Meeting to 9/3/97 agenda -
..... po~on~l in&finit~l~ f~r~vi~w.by I~ ~olin for,po~sibl~
.... "",,~ve Clerk's Office to Utiliz~ Services of NCR, Inc. as Sole Source for Computer Services
"aT,,agenda. approved - Approve NCR Computer Upgrade for City Clerks Office - Sole
'~714.50 - 1Qll~/97 Agenda
2
97.174
97.188
97.195
97.196
97.211
97.229
97.233
97.235
97.236
97.250
97.251
96.021
Determine Feasibility of One-Way Designation on City Streets for Traffic Calming - If Council
Concurs with Policy - Adopt Resolution No. R-97-39 - One-Way Wave Street (was 96.136) -
6/25/97 agenda - time ran out - carried to 7/9/97 - deferred to October 8, 1997 for further
review by staff- George Street Speed/Traffic Study - 10/8/97 agenda - gos~oned for additional
90. days for data collection
Approve Sebastian River Art Club - Request Use of Riverview Park for Annual Art Shows -
11/15/97 (11/16/97 raindate), 12/13/97, 12/14/97 raindate), 1/17/98 (1/18/97 raindate),
2/21/98 (2/22/98 raindate), 3/21/98 (3/22/98 raindate), 4/18/98 (4/19/98 raindate) - Standard
Conditions - 7/23/97 agenda - approved in accordance with policies in pl~c~ on Nov, 1
Regulation of Mulching Machines - 8/6/97 workshop - I)CD to draR or~l
Special Use Permits and Special Exceptions - 8/6/97 workshop - DCD to draR etd to d¢lct~
specie! exceptions
Presentation by Advanced Communications Network, Inc. - Cable Service - 9/3/97 agenda -
CityManager to begi~ preliminary ne, gQtiations and colla¢ back to Council
Comprehensive Land Use Plan Amendments - 10/1/97 workshop - conducted and carried to
10/15/97 - ~0ducted and carried to 11/12/97
Adopt Resolution No. R-97-66 - Parking Restriction - Sebastian Yacht Club Parking Lot -
Restricting Parking in Designated Spaces to Vehicle with A~ached Boat Trailer - 10/8/97
agenda - delayed for further informatioo
Adopt Resolution No. R-97-68 - Prohibiting Parking on Indian River Drive Right-of-Way West
of West Edge of Pavement Lying Between Southerly City Limits and Northerly City Limits -
10/8/97 agenda - delayed for further informatioo
Adopt Resolution No. R-97-69 - Restricting Parking for Unattended Vehicles East of Indian
River Drive and West of Indian River Lagoon Between Fellsmere Road and Coolidge Street -
30 Minutes - 10/8/97 agenda - ¢[ela.yed for furtherhiformatiol~
Co~ider Bench Advertising by Sebastian Lions Club - 10/22/97 agenda - consider on US 1 and
CR 512 at this time ~ staff directed ~o bring back rcgort
Moratorium on Riveffront - 10/22/97 agenda - Resolution No. R-97-73 adopted stating intent
to establish moratorium - City Attow~y to draR ordinances and public hearit~ to be scheduled
for 11/5/97 and 11/19/97
1996
RESOLUTION NO. R-96-12 - Amending Airport Field Rules Section V - Parking and License
Form - RESOLUTION NO. R-96-13 - Rescind Sebastian Aero Services Parking Agreement -
1/24/96 agenda - postponed to 2/14/96 - City Manager to notify tenants - not on 2/14/96 -
updat~ report at 6/26/96 meeting on pending list - City Manager to address - 10/2/96 reyiew of
pending list - City M. an~er reported notices still need to go out
3
96.033
96.112
96.131
96.134
96.188
95.012
ORDINANCE NO. O-96-07 - Employee Career Service System - 1st Reading, Set Public
Hearing 3/13/96 - 2/14/96 agenda - tabled to 2/28/96 at request of City Attorney - deferred at
request of City Manager at 2/28 meeting for further review - 6/16/96 City Manager report -
ordinance forthcoming 8/14/96 pending list review - City Manager said the document is done
but that he wanted staffreview prior to bringing it to Council - 1012/96 revie~ of pending list -
on hold ulltil Human Resources Dir~tor on board
RESOLUTION NO. 11.-9646 - Authorizing Mayor to Execute Cost Share Agreement with St.
Johns River Water Management Agreement - Drainage Management Plan - 6/5/96 agenda -
adopted as amended - 6/10/96 - John Hill presented final Stormwater Management System
Conceptual Master Plan; consensus to have Hill work with Clerk to schedule citizen input
workshop and then 6/27/96 workshop with Council - subsequent to meeting citizen workshops
were. scheduled for 6/25, 7/12, and 7/17 - Council workshop to be rescheduled - Hill presented
stormwater master plan at 8/8/96 workshop - consensus to have resolution drafted to formally
approve plan~staffto work on PW plan bY ~[ of November and est0blish stomlwater utility
before end of year with suttident time for review - Approve Resolution NO. R-96-71 -
Conceptual Stormwater Master Plan Prepared by Craven Thompson & Associates - 9/25/96
agenda - adopted - ~to prepare storll~water utility ordinanct and schedule capital
improvements ra~ting (10[15/96) - Approve Proposed Supplemental Agreements for
Engineering Works for Fiscal Year 1996-97 by Craven Thompson and Associates - 11/13/96
agenda- approved- First Reading of Ordinance No. 0-96-33 - Stormwater Utility - Set Public
Hearing for 12/18/96 - 11/20/96 workshop agenda - City Manager revised recommended action
- withdraw ordinance from regular agenda - obtain authority to advertise 12/19/96 ph to adopt
resolution to allow collection ofnon-advalorem assessment - draR new ordinance at later date
as well as assessment resolution - authority for advertisement and Mayor to execute agreement
with IRC approved by Council at 11/20/96 regular - Conduct Public Hearing In Accordance
with F.S. I97.3632 (3)(a) .and Adopt Resolution No. R-96-90 - Electing to Use Uniform
Method of Collecting Non-Advalorem Special Assessments for Stormwater Management and
Road Projects and Services - 12/18/96 agenda - adopted - SEE 97.156
Refine Code Re: City Council Expenses - 6/10/96 agenda - Cartwright suggested all expenses
be presented for payment within 60 days or before end of fiscal year - Finance Director is
working on a travel and per diem policy - City Manager to review code - 8114196 Barnes
requested this i~ 8/28/96 - establish policy like employee policy ~ 8/28/96 agenda - staff
~lirectot to bring back ordinance ameMing2,34 and resolution estahli~hitlg travel cxl>ense
~ - 12/18/96 r~iew of I~di~ list - need for documents noted
Economic Development Fund from Occupational Licenses - 6/10/96 agenda Cartwright request
- L0/2/96 review of I;~adillg list - staff to reaear~h Magin County - method nqed ~d uses for
Adopt Resolution No. R-96-63 - Conceptual Design for Walkway - East Side of Indian River
Drive - Authoriz~ Staff to Submit to FDOT - 8/28/96 agenda - adopted as amended - exhibit to
reflect sidewalk change - stop at Fioodtide -'begin again north of Arc}fie Carr and continue to
north city limit while city negotiates with those property owners - ~vaitirlg for response from
1995.
Oberbeck Matters. Special Use Permits - 1/11/95 agenda - discussion - requested City
Manager to bring back prol~sal for upgrading permit fees - 10/4/95 workshop agenda - staffto
review and report on actual costs for applications and City Attorney to draft resolution
imposing $1000 bond - 6/26/96 - City Manager report - he'll bring back staff'report on fee
schedule - does not agree with bond - per Community Development Director working on
revision to fee schedule to bring to Council (5/29/97) - 91~ 6/24/97 wish list agen~ - Director of
Comml~ty will have r~ltort for adj~tg3ent of fees
4
ACTION LIST
THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 10/22/97
REGULAR MEETING
All Follow-up Correspondence should b~ copied to the file and any file t~ go in the vault should have its
backup material put in chronological order and plac~ in clips within the file
City Manager, City Clerk and C#y Attorney get a full set of draft minutes, therefore, they do not need
copies of minutes pages for items relating to their positions
97.245
97,202
97.246
97.247
Pr~9~ltgJor~ Of P[~q~ ~9 ¢9l~la-u~tion 8~1M~lllbgr - [~aagty Mosby - 199 I, - 1997 -
presented - no action required- minutes to Construction Board file
Pr~sgtt~tJ93~ of Pl0,q~e~ to RiYgfro~t Cooglfi~te~ Mg~ol~t~ - 19~6 - 1997 - presented - no
action required - minutes to Riverfront Committee tile
have someone call Collins and Krulikowski to pick up plaques or mail
Approval of Mjnut~ - ~Q/$197 l~gular and lo/15/97 Wgtkakop - approved as revised
add asterisks to revised minutes in location of revision and add "as amended" next to
approval on last page
sign, seal and place in book
letter to PIPS
copy minutes to file, PD, PW
file vault - PARKS - Riverview Use of
~ Lody o~uodalul~ Church - Hollo~v~r~ ~a~ce Furt~ai~c - Comm~ C:vnt~r -
10/3 lJ~7 - 7 pm ~o Mklnight- $~y pO - Approv~ lj~ ~ Mi~ ~ Chang
A~QO F~ - approved
letter to OLGC
copy minutes to file, PD, PW
file YC/CC
97.248
97.167
97.249
97.218
P$op~)S~l :$¢ttl;m¢nt in th; C~itr~ Utilities, Iaq. ¥~ City of Scbasti~Ca~; - N9 Co~t to City
Authori~ City Manager to l~x~ut~ th~ Agreement - GDU~sLvro~nt to Citrt~ UtLlit~ May
9~ (~hallged - approved - City Manager authorized to execute
copy minut~ to file
agenda bac~p is already fil~ in vault - LEGAL ~ Citrus Utilities
obtain copy of e~x~uted agr~xuent and file in vault - AGREEMENTS - Citrus
Utiliti~/GDU/Sebastian/IRC
pl~ copy of cx~:ut~ agr~m~t in Citrus file in L~gal
Award Bid for (~ons~tio~ of Obs~t~,atjo~ffisbing
1~[~1~ il) t.h~aV, QU~, 0/~$,12~70/) - awarded to Dockside Builders
copy minutes to file, Purchasing, Finance, PW/F, ng
gave backup to Paul already to put in bid folder
he will prepare contracts for signatu~ and when complete will return bid file
file bid folder in FINANCE - 97 Bids/Purchases
file contract in AGREEMENTS - Misc~lancous
place copy of agre~ncot in folder located in AGREEMENTS - Interlocal/Govt ~ Stat~ of
Florida - SJRWMD ~ Shor~lin~ Stabilization
add to \wp-files\ngree.cur list in computer
Asphalt Con0'~t for On~ Ye~ f~' TyI~ ~-~ Asph~Jt- Ranger Cons0'~¢tiou
Iodt~im a~d I)J~k~r~on of Florida. Inc, and M~Aspl'~It I)ivi.sion of APA¢ When R~ogex
f~ar~to~ $~lpplx - approved
copy minutes to file, PW, Finance, Purchasing
bring backup to Paul and
Paul will send letters to Ranger, Dickerson and MacAsphalt and return backup to us
place copy of minutes, his 1~ and this backup in original bid folder and move it to 97
Bids/Purchases
note move in Munimetrix
Adopt R~)tu~n.~t~,g-97-71 - ~SebaztianJ,~k~s Commoo,s F~n01D~v~lop~n~otglon and.
~illal Pipit - adopted
obtain final plat for signature
sign & seal res - copy to file, attorney, counter, DCD, P&Z, applicant
obtain check check from applicant and bring plat for recording when signed
blue back original res and file vault - 97 ORIG RES
file backup in vault - PUDS/SUBDMSIONS - Sebastian Lakes
note location of backup folder w/green sheet labeled "R-97-71 Sebastian Lakes Commons
Final'' and place in 97 res backup
place copy of final plat from file in Sebastian Lakes box above files
update \wp-reset-97 as to adopt~l date
2
97.201
97.090
97.160
97.250
97.112
AdoptResolution No. R-97-72 - Creating Permtment Recreational Aglvi~9ly Comlnittee -
adopted as amended - change "his" to "his/her"
sign, seal res - copy to file, counter, attomoy, PW, Rocreation Committee folder
blue back original - file vault - 97 ORIG RES
note repeal of previous resolution __ on blue back for both and in Munimetrix
add to board handbook - distribute pages
find out if we are to advertise for members
update \wp-res¥-97 as to adopted date
Authorize Cil~, Mgnager to Execute Change Orders wi~ (~g, lV[cClcllaa. Inc. for Culvert
R~placements Not to Exceed $124.393.75 as Part of Annual Culvert Rel~laccmcnt Pro.am -
approved - City Manager authorized to execute future change orders
copy minutes to file, PW/Eng, Finance, Purchasing, CR McClellan contract file in
AGREEMENTS, Stormwater aec~rdion folder in DRAINAGE
obtain copies of change orders when processed for filing in McClellan file in
AGREEMENTS - add to'\wp-files\agree.cur when appropriate
Approve DempseyN_o~!i~ Drainage Improvement~ - (~hartge Order£or Engine~rit~g F~S in
ghe Amount of $13,130 for Craven Thompson and Associates Suppler0cntal Agreement #8
and pO # 1520 - approved
find out if there will be an amended supplement #8
copy minutes to file, PW/Eng, Finance, Purchasing, Craven Thompson file in
AGREEMENTS, Dcmpsey/Vocelle bid folder in 97 Bids/Purchases in FINANCE,
Stormwater accordion folder in DRAINAGE
find out from CM if we merely have to attach minutes to supplemental #$ or if there will be
an amended supplement #g
Consider Bench Advertisiag by Sebastian Lions Club - consensus to consider along US 1
and CRS12 - staffto come back with report
copy'minutes to file, DCD
file pending credenza
First Rea~Iipg of Ordinance No. 0-97-61 as Revised - Parking/Traffi~ - ~;~edule Second
Reading. PublicHearillg and Final Ad. don for November 19. 1997 - approved on 1st
reading as revised
obtain revised ordinance from Valerie
adx;ertise 11/19/97 ph in legal notices on 11/5/97
file pending credenza - 2nd regular meeting
3
paul Mattc~
Airpo~ sign
South ci~/limit sign
Ba, mcs Mattc~
Shared parking ordinance
mulching machine ordinance
recreation vehicle ordinance
Yacht Club parking
Taracka Matters
Right.of-way west side of Indian River Drive
Cart-wright Matt~
I-IB 2121 state school funding
Halloween paracl~
4
ITEM NO. //-/~
ROLL CALL
Mr. Taracka
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes ,~'
ITEM NO.
ROLL CAIA~
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
ITEM NO.
ROLL CALL 3
Mr. Paul /
Mrs. Sullivan ,~
Mr. Barnes /
Mr. Taracka ~
Mrs. Canwri tJ
ITEM NO. ~
ROLL CALL 4
Mrs. Sullivan J
Mr. Barnes ~/
Mr. Taracka ~/~
Mrs. ,/
Mr. Paul /
ITEM NO.
ROLL CALL
Mr. Taracka '~
~s. S~v~
MOTION -~'~_~~
MOTION
SECOND
SECOND
ITEM NO.
ROLL CALL
Mr. Taracka
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan ~
Mr. Barnes J
ITEM NO.
ROLL CAI~L
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
ITEM NO.
ROIJ~ CALL~
Mr. Paul ~"
Mrs. Sullivan
Mr. Barnes v?,.//
Mr. Taracka
Mrs. Cartwri~t
ITEM NO.
ROLL CALL
Mrs. S~i~
~. Pa~
ITEM NO.
ROLL CALL~
Mr. Barnes
Mr. Taracka
Mrs. Cartw?~ht ~
Mr. Pa~ ~
~s. S~v~
MOTION
SECOND
MOTION
SECOND
MOTION
SECOND
MOTION
SECON~
MOTION
SECOND~A ~~
ITEM NO.
ROLL CALL.
Mr. Taracka
Mrs. Cartwfight
Mr. Paul ,~
Mrs. Sullivan '/~/"
Mr. Barnes ~
MOTION
SECOND
iTEM NO.
MOTION
ROLL CALL
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
SECOND
ITEM NO.
ROLL CALL 3
Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
MOTION
SECOND
ITEM NO.
ROLL CALL 4
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
Mr. Paul
MOTION
SECOND
ITEM NO.
ROLL CALL 5
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
MOTION
SECOND
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, OCTOBER 22, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Barnes called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Police Chaplain Frank Camillo.
ROLL CALL
City Council Present:
Mayor Walter Barnes
Vice Mayor Richard Taraeka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
Staff Present:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Katluyn O'Halloran
Director of Community Development, Bob Massarelli
Deputy City Clerk, Sally Maio
Regular City Council Meeting
October 22, 1997
Page Two
AGENDA MODIFiCATiONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
97.245
97.202
P~OCLAMATIONS.ANNOUNCEMENTS AND/OR PRESENTATIONS
?/~. Pa'~Cotl~Ii03 ~f Pl0gue to CourtS,lion Bo0r~l.P[em~er - R~ M_q~y - 1991 - 1997
Mayor Barnes presented a plaque to Mr. Mosby.
B. Presentation of Plaques to Riverfront Committee Members - 1996 - 1997
th ruce Bennett ~tanley Krullkowskl v~onald Smith
enneth Chapin ~l~arolyn Corum ~/. "Tommy" Thompson
omas H. Collins ~Edward H. Moore, Jr. ~'teven G. Wild
Mayor Barnes presented plaques to the above referenced members.
7. CITY ATTORNEY MATTERS
8. CITY MANAGER MATTERS
2
97.246
coN$~.[YI' 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 Ci(v Council so requests; in__which event, the item will be removed
and acted upon separately. ~/~ . _
~. Approval of Minutes - 10/8/97 Regular, 10/15/97 Workshop ~
Pelican Island Preservation Society - 95th Anniversary of Pelican Island - Riverview Park - March
14, 1998 - 11 am to 4 pm - Electricity - Standard Conditions or Conditions in Effect at Time of Use
(City Clerk Transmittal 10/2/97, Davies Letter 10/1/97)
97.247 C.
Our Lady of Guadalupe Church - Halloween Dance Fundraiser - Community Center - 10/31/97 - 7
pm to Midnight - Security Pd - Approve Use to Midnight and Charging Admission Fee (City Clerk
Transmittal 10/7/97, Application, Excerpt of Rules)
97.248/ D.
96.223
Proposed Settlement in the Citrus Utilities, Inc. vs City of Sebastian Case - No Cost to City
- Authorize City Manager to Execute the Agreement - GDU Payment to Cia-us Utilities May Be
Changed (City Manager Transmittal 10/16/97, Torpy Letter, Proposed Settlement Agreement)
97.167 E.
Award Bid for Construction of Observation/Fishing Pier at Riverview Park to Dockside Builders in
the Amount of $12,700 (City Manager Transmittal 10/16/97, Notice to Bid, Sec. 2-92(c)(2), Bid
Tabulation)
97.249
97.21~~
97.201 /
Renew Asphalt Contract for One Year for Type S-3 Asphalt - Ranger Construction Industries and
Dickerson of Florida, Inc. and Mac Asphalt, Division of APAC When Ranger Cannot Supply (Public
Works Transmittal 10/16/97, Letters of Consent fi.om Vendors, Minutes)
Adopt Resolution No. R-97-71 - Sebastian Lakes Commons Final Development Plan and Final Plat
(Director of Community Development Transmittal 10/16/97, Application, Location Map, Staff
Report, Final Plat Under Separate Cover, R-97-71)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL DEVELOPMENT
PLAN AND FINAL PLAT FOR A PUD KNOWN AS SEBASTIAN LAKES COMMONS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Adopt Resolution No. R-97-72 - Creating Permanent Recreational Advisory Committee (Public
Works Transmittal 10/14/97, R-97-72)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE SEBASTIAN
RECREATIONAL ADVISORY BOARD; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Manager read the consent agenda and the City Attorney read Resolution Nos. R-97-71 and
R-97-72.
3
10.
11.
PUBLIC HEARING - None
!~YFRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
4
12.
COMMITTEE I~pORTS/I~OMMENDATIONS
13.
14.
97.090
OLD BUSINESS - None
Authorize City Manager to Exccut~ Change Orders with C.R. McClellan, Inc. for Culvert
Replacements Not to Exceed $124,393.75 as Part of Annual Culvert Replacement Program (Public
Works Transmittal 10/15/97, List of Culvert Replacements)
5
97.160
Approve Dcmpscy/Vocellc Drainage Improvements - Change Order for Engineering Fees in the
Amount of $13,130 for Craven Thompson and Associates Supplemental Agreement #8 and
PO #1520 (Public Works Transmittal 10/15/97, CTA Letter)
97.250
Consider Bench Advertising by Sebastian Lions Club (City Manager Transmittal 10/16/97, Barnhill
Letter, Proposed Bench Locations, Draft Resolution, 337.408 FS, DCD Memo)
7
97.112
First Reading of Ordinance N°. 0-97-61 as Revised - Parking/Traffic - Schedule Second Reading,
Public Heating and Final Adoption for November 19, 1997 (City Attorney Transmittal 10/16/97,
0-97-61, Minutes of 8/6/97 and 8/27/97)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 98-1 OF THE
CODE OF ORDINANCES RELATING TO DEFINITIONS; ADOPTING THE FLORIDA UNIFORM CONTROL LAW; AMENDING
SECI'ION 98-4 OF THE CODE OF ORDINANCES RELATING TO DRIVING ONTO MEDIANS, SHOULDERS, ETC., DELETING
SECTION 98-5 RELATING TO OPERATION ON PUBLIC SCHOOL GROUNDS; AMENDING SECTION 98-6 RELATING TO LIMIT
ON GROSS WEIGHT OF VEHICLES; AMENDING SECTION 98-7 OF THE CODE OF ORDINANCES RELATING TO
ENFORCEMENT; AMENDING SECTION 98-8 OF THE CODE OF ORDINANCES RELATING TO DESIGNATION OF ONE WAY
STREETS; AMENDING SECTION 9g-32 OF THE CODE OF ORDINANCES RELATING TO VERBAL NOTICE OF UNSAFE
PARKING, REFUSAL TO OBEY; DELETING SECTION 98-33 OF THE CODE OF ORDINANCES RELATING TO PARKING ON
PUBLIC SCHOOL GROUNDS; DELETING SECTION 9g-34 OF THE CODE OF ORDINANCES RELATING TO PARKING ON
MAIN STREET; DELETING SECTION 9g-35 OF THE CODE OF ORDINANCES RELATING TO PARKING ON CENTRAL
AVENUE; AMENDING SECTION 98-36 OF THE CODE OF ORDINANCES RELATING TO PARKING IN RESIDENTIAL
DISTRICTS; CREATING SECTION 9$-3g ENTITLED "PENALTIES FOR VIOLATION OF SECTION 316.1955, FLORIDA
STATU3T~S; HANDICAPPED ACCESSIBIL[I~ FUND"; AMENDING SECTION 9g-52 OF THE CODE OF ORDINANCES RELATING
TO DEFINrrlONS; AMENDING SECTION 98-53 OF THE CODE OF ORDINANCES RELATING TO MUNICIPAL NONCRIMINAL
TRAFFIC INFRACTIONS; PROVIDING FOR A PURPOSE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
15.
COUNCIL MATTERS
CITY
Mrs. Louise Cartwright
16.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City CounciO
9
City of Sebastian
I 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, OCTOBER 22, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAiN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN I'HE OFFICE OF THE CITY CI_.ER.~
- 1225 MA1NST~ SEBASTIAN, FLORIDA
Individuals shall addre~ the CiO' Council with respect to agenda itenu immediately prior to deliberation of thc item by the CiO' Council - limit often
minut~ per speaker (R-97-21)
1. CALL TO ORDER
97.245
3.
4.
5.
PLEDGE OF ALLEGIANCE
INVOCATION - Polic~ Chaplain Frank Camillo
ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS}
Items not on the written agenda may t~ added only upon majoriO' vote of CiO, Council members (R.97.21)
I~.RQCLAMATIONS. ANNOUNCEMEL'k~TS AI~D/_QR PRESENTAT][O~q~
A. Presentation of Plaque to Construction Board Member - Randy Mosby - 1991 - 1997
97.202
Prescatation of Plaques to Riverfxont Commi_-_~ Members - 1996 - 1997
Bruce Bennett Stanley KruIikowskl Donald Smith
Kenneth Chapin Carolyn Corum J.W. "Tommy" Thompson
Thomas H. Collins Edward H. Moore, Jr. Steven G. Wild
1-18
97.246
19-20
97.247
21-24
97.248/
96.223
25-29
97.167
31-34
97.249
35-39
97.218
41-66
97.201
6~71
CITy ATTORNEY MATI~RS
CITY MANAGER MATTERS
CONSENT AGENDA
All itev~ on the consent agenda ant c~d to b~ routine and will be enacted by one motion. There will be no separate
diacusMon of consent agenda item~ unle~ a member of City Council ~o request:;; in which evens the item will be removed
and acted upon separateb,.
A. Approval of Minutes - 10/8/97 Regular, 10/15/97 Workshop
Pelican Island Preservation Society - 95th Anniversary of Pelican Island - Riverview Park - March
14, 1998 - 11 am to 4 pm - Electricity - Standard Conditions or Conditions in Effect at Time of Use
(City Clerk Transmittal 10/2/97, Davies Letter 10/1/97)
Our Lady of Guadalupe Church - Halloween Dance Fundraiser - Community Center - 10/31/97 - 7
pm to Midnight - Security Pd - Approve Us~ to Midnight and Charging Admission Fee (City Clerk
Transmittal I0/7/97, Application, Excerpt of Rules)
Proposed Settlement ia the Citrus Utilities, Inc. vs City of Sebastian Case - No Cost to City
- Authorize City Manager to Execute the Agreement - GDU Payment to Ciu'u~ Utilities May Be
Changed (City Manager Transmittal I0/16/97, Torpy Letter, Proposed Settlement Agreement)
Award Bid for Constxuction of Observafion/Fishiag Pier at Riverview Park to Dockside Builders in
the Amount of $12,700 (City Manager Transmittal 10Il 6/97, Notice to Bid, Sec. 2-92(e)(2), Bid
Tabulation)
Renew Asphalt Contract for One Year for Type S-3 Asphalt - Ranger Construction Industries and
Dickerson of Florida, Inc. and Mac Asphalt, Division of APAC When Ranger Cannot Supply (Publio
Works Transmittal 10/16/97, Letters of Consent from Vendors, Minutes)
Adopt Resolution No. R-97-71 - Sebastian Lakes Commons Final Development Plan and Final Plat
(Director of Community Development Transmittal 10/16/97, Application, Location Map, Staff
Report, Final Plat Under Separate Cover, R-97-71)
A RF.8OLUTION OF THB CiTY OF Sl~:BA.g'rl.~. INDIAN ~ COUNTY. FLORIDA. APPROVING THE FINAL DEVELOPMENT
PLAN AND FINAL PLAT FOR A PUD KNOWN A~ SF. BASTIAN LAKES COMMONS; PROVIDINO FOR REPF. AL OF
RF3OLUTION$ OR PART~ OF RF.~IX~ON$ IN CONFLICT HEREWITH; AND PROVIDING FOR AN E~ DA~I~.
Adopt Resolution No. R-97-72 - Creating Permanent Recreational Advisory Committ~ (Public
Works Transmittal 10/14/97, R-97-72)
A RESOLUTION OF THB CITY OF SEBAS'I-tAN, INDIAN RIVER COUNTY. FLORIDA, ESTABLISHING THE SEBASTIAN
RECRKATIONAL ADVISORY BOARD; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLL~ONS IN
CONFLICT H~RI~WITH; AND PROVIDING FOR AN EFFECTIVI5 DATE.
97.090
73-74
97.160
75-76
97.250
77-94
97.112
95-114
10.
11.
12.
13.
14.
PUBLIC HEARING - None
INTRODUCTION OF NEW BUSINESS FROM ~ PUBLIC
FYhich is not otherwise on the agenda - sign-up required- limit often minutes for each speaker
COMMITTEE REPORTS/RE COI~IMENDATI QFI~
OLD BUSINESS - None
NEW BUSINE,5~5
Authori~ City Manager to Execute Change Orders with C.tL McClellan, Inc. for Culvert
Replacements Not to ~ $124,393.75 as Part of Annual Culvert Replacement Program (Public
Works Transmittal 10115/97, List of Culvert Replacements)
Approve Dempsey/VoceHe Drainage Improvements - Change Order for Engineering Fees in the
Amount of $13,130 for Craven Thompson and Associates Supplemental Agreement #8 and
PO #1520 (Public Works Transmittal 10/15/97, CTA Letter)
Consider Bench Advertising by Sebastian Lions Club (City Manager Transmittal 10/16/97, Bamhill
Letter, Proposed Beach Locations, Dra~ Resolution, 337.408 FS, DCD Memo)
First Reading of Ordinance No. O-97-61 as R~v~cd - Parking/Traffic - Schedule Second Reading,
Public Hearing and Final Adoption for November 19, 1997 (City Attorney Transmittal 10/16/97,
0-97-6 I, Minutes of 8/6/97 and 8/27/97)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 98-1 OF ~
CODE OF ORDINANCES RELATING TO DEFINITIONS; ADOPTING THE FLORIDA UNWORM CON'3~OL LAW; AMENDINO
$~ON 98-4 OF THE CODE OF ORDINANCF.8 KELATINO TO DRI¥'INO ONTO MEDIANS, SHOULDERS, ETC~ DELETINO
SF_~-'rlON 98.5 RELATING TO OPERATION ON PUBLIC SCHOOL GRO,UND~; AMENDING SECTION 9~,-6 RELATING TO LIMIT
ON GROSS WEIGHT OF VEHICLES; AMENDING -q~ON 98-7 OF THE CODE OF ORDINANCF.,$ KELATING TO
ENFORCEMENT', AMENDINO SECTION 98-80FTHE CODE OF ORDINANCES RELATINO TO DESIGNATION OF ONE WAY
STREETS; AMENDING SECTION 98-32 OF THE CODE OF ORDINANCES RELATING TO VERBAL NOTICE OF UNSAFE
PARKIN~ RF. HJSALTO OBEY; DELETINO SECTION 9{-33 OF TH~ CODE OF ORDINANCF2{ P,,ELATING TO PARKING, ON
PUBLIC SCHOOL GROUNDS; DELETING' SECTION 98-34 OF THE CODE OF ORDINANCES RELATINO TO PARKING ON
MAIN STREET; DELETING SECTION 98-3~ OF THE CODE OF ORDINANCES RELATING TO PARKING, ON CENTRAL
AVENUE; AMENDING SECTION 9{-36 OF THE CODE OF ORDINANCES P.EL,AT[NO TO PARKING IN RESIDENTIAL
DISTRICTS; CREATINO SECTION 9,8-38 ENiiiLED "PENALTIE~ FOR VIOLATION OF SECTION 316.19~$, FLORIDA
5'rA'llrl'F~ HANDICAPPED ~ ~ AMENDING SECTION 98-~20FTHE CODE OF ORDINANCES RELATINO
TO DEFINITIONS; AMENDING SEC]2ON 98-~3 OF THE CODE OF ORDINANCES RELATING' TO MUNICIPAL NONCRIMINAL
TRAFFIC INFRACTIONS; PROVIDING FOR A PURPOSE; PRO'V]DING FOR CODIFICATION; PROVIDING FOR CONFLIC'rS;
PROVIDINO FOR 8EVERABILITY; AND PROVIDING FOR, AN EFFF, C'HVE DATE.
15.
CITY COUNCIL MATY]~R$
A. Mr. Lar~ Paul
B. Mrs. Ruth Sullivan
C. Mayor Walter Barnes
D. Vice Mayor Richard Taracka
E. Mrs. Louise Cartwri~ht
16. ADJOURN (All meetings shall adjourn at l O: 30 p. n~ unless extended for up to one half hour by a
majority voie of City Council)
ANY PERSON F/HO DEC. IDES TO APPF_./iL ANY DECISION MADE BY THE ~ COUNCIL PdlTH RESPECT TO ANY MATTER CONSIDERED
AT THIS M~bTITNG (OR tlF. ARI3tG) P/ILL NEED A RECORD OF ]7tE PROCeeDINGS AND MAY NEED TO ENSURE THAT A FERBA~
RECORD OF THE PROt~DINGS IS MADE, IYHICH RECORD INCLUDES THE ~ON~ AND EFIDENCE UPON I~H1CH THE APPEAL
IS TO BE HEARD. (286.0105 F~0
IN COI~I2ANCE IFITH THE -AMERI~S FglTH DISAB~ ACT (~IDA), ANYONE t~ttO N~F~r)S A SPECIAL ACCO34MODATION FOR
THIS MEETING SHOULD C03ff ACT THE C1T~ 'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOUR~ IN ADVANCE OF THIS 3~_E77NG.
Upcoming Meeo'ng~.
Quarttr~v Opm Fonm . ~e~, Oc~ 29, 1997 ~ 7pm
Rt~ M~g. We~, ~ 5, 1997 ~ 7pm
~p ~ ~- ~, N~ 12, 1997 ~ 7pm
~!~ M~g - ~e~, ~b~ 19, 1997 ~ 7 ~
~ M~g. ~, ~ 3, 1997 ~ 7pm
S~iM~g. ~~,~ 10, 1997 ~ 7pm
Re~M~g- W~. D~b~ 17, 1997 ~ 7Pm
4
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETI31G
WEDNESDAY, OCTOBER $, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Barnes called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Police Chaplain Frank Camillo.
ROLL CA[,[,
City Council present:
Mayor Walter Barnes
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
City Council.Absent:
Vice Mayor Richard Taracka (excused)
StaffPres~nt:
City Manager, Thomas Frame
City Clerk, Kathryn O'Halloran
Director of Community Development, Bob Massar¢lli
Deputy City Clerk, Sally Maio
Regular City Council Meeting
October 8, 1997
Page Two
97.134
97.230
AGEIklDA MODIFICATIONS (3DDITIONS AND/OR DELETIONS)
Itema not on the written agenda may be added only upon majoriO, vote of City Council members (R-97-21)
None,
pROCLAMaTIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
Fourth ofllaly.A~tivities - $o[~ b~akk - Lions Club I~r~oted Fun~s for Riverview_Park for 1996
(CoN of check for $$.70~.741 Letter to ~i~v Manager fX9~ John Malek elated 9{! 8/~.7_~
The City Manager acknowledged John Malek for his contribution to the City for his years of chairing
the Fourth of July festivities.
Fourtlt Qf,l~aly 3~gIivities - Lioxl$ Club Fireworks Rgv~ues for 1996 & 1997 (Copv of Checks for
$1,203,00 and $1.500.00: Memo from Cil~ Manager_to Finance Dept, dated 9/I, 0/97)
Mayor Barnes acknowledged the Lions Club and John Ellis for their contribution to the City for
sponsoring the Fourth of July festivities.
CITY ATTO~Y MATTERS
Mayor Barnes noted the City Attorney had contacted him and asked to be excused from this meeting. Mrs.
Cattwright requested that her contract be reviewed relative to providing representation in her absence.
LTry MANAGER MAT~F.,~
Chief White distributed and explained a monthly police palxol activity summary and a courtesy parking
violation notice to be used in the first month of new parking restrictious in the Riverfront area which are
being considered tonight.
CONSENT AGENDA
All items on the consent agenda atw conzldered to be routine and will be enacted by one motion. There will be no separate
d~ of consent agenda items unless a member of City Council so r~quests; in which even~ the item will be removed
and acted upon separately.
Ao
Approval of Minutes - 9/17/97 Spe~:ial Meeting, 9/24/97 Special Meeting, 9/25/97 Regular Meeting
10/1/97 Special Meeting, 10/i/97 Workshop
Adopt Resolution No. R-97-61 Approving the Construction Inspector Job Description (Human
Resources Transmittal 9/29/97, R-97-61, Job Description)
A RE$OLLHqON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIlrrlON FOR
THE POSITION OF CONSTRUCTION INSPECTO~ PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN TH~ CITY
OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT H~REWITH; AND PROVIDING AN EFFECTIVE DATE.
2
Regular City Council Meeting
October 8, 1997
Page Three
I
97.231 C.
Adopt Resolution No. R-97-62 - Vacation of Easement - Lots 18 & 19, Block I 1, Sebastian
Highlands Unit l(City Clerk Transmittal 9/29/97, R-97-62, Staff Report, Application, Map,
Approval Forms)
97.063 D.
97.232 E.
97.233 F.
97.234 G.
97.235 H.
A RESOLWFION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ON THE WEST FIVE
FEET OF LOT 18 AND THE FAST HVE FEET OF LOT 19, BLOCK 11. SEBASTIAN HIGHLAND UNIT 1, LESS THE SOUTH TEN
FEET THEREOF, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-14, PUBLIC RECORDS OF INDIAN RIVER
COUI, tIY, FLORIDA; PROVIDINO FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDINCr, AND PROVIDING AN EFFE~ DATE.
Adopt Resolution No. R-97-63 - Conceptual Scrub Jay Habitat Conservation Plan (Community
Development T~ttal 10/2/97, R-97-63)
A RESOLUTION OF THE CITY OF SE~, INDIAN RrVER COUNTY, FLORIDA, SUPPORTING, IN CONCEPT, THE
CONSERVATION AND MANAGEMENT OF SCRUB JAY HABITAT ON CITY OWNED PROPERTY, AS PART OF A SEBASTIAN
ARF_.~WIDE HABITAT CONSERVATION PLAN BEING DEVELOPED BY INDIAN RIVER. COUNTY TO MITIGATE SCRUB JAY
HABITAT IMPACTS ASSOCIATED WITH THE DEVELOPMENT OF PRIVATELY OWNED SCRUB LOTS IN SEBASTIAN
HIGHLANDS SUBDMSION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Adopt Resolution No. R-97-65 - Annual Golf Course Fees - No Change from Current Rates (City
Manager Transmittal 10/2197, R-97-65)
A RESOLUTION OF THE CITY OF SEBAb'TIAN, INDLA~ RIVER COUNTY, FLORIDA, PERTAINING TO GREENS FEF_.~ AND
GOLF CART ~ ATTI'ffi MUNICIPAL OOLFCOUI~E.; CONTINUING AN ANNUAL SCHEDULE OF GREENS FEF_~ AND GOLF
CART FEE~; PROMULGATEqO A NEW SCltZDtR.E OF ANNUAL MEMBERSHIP FEES; AUTHORIZING THE GOLF COURSE
MANAOER TO MAKE ADJUSTMENT8 TO THE HOURS AND CONDITIONS UNDER CERTAIN CIRCUMSTANCES;
AUTHORIZING TIlE GOLF COURSE MANAGER TO ADJUST Tile SUMMER FEE SCHEDULE WITHIN Tl'ffi SPECIAL RANGE
FOR MARKETING PURPOSES; AUTHORIZING THE GOLF COURSE MANAGER TO ADJUST THE RATIO OF TEE-TIMES
RF~ERVATION BETWEEN MEMBERS AND NON-MEMBERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RF.,SOLUTIONS IN CONFLICT HEREWrrH; AND PROVIDING AN EFFECTIVE DATE.
Adopt Resolution No. R-97-66 - Parking Restriction - Sebastian Yacht Club Parking Lot -
Restricting Parking in Designated Spwa~s to Vehicle with Attached Boat Trailer (City Manager
Transmittal 10/2197, R-97-66)
A RE,qOI2.f~ON OF ~ crfY COUNCIL OF ~ crrg OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING
'NO PARKING' (OR RF..gI'RICI'ED PARKING) AREAS PURSUANT TO O-ff"/-55; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR SEVERABII.fTY; PROVIDING FOR AN EFFECTIVE DATE.
Adopt Resolution No. R-97-67 - Prohibiting Parking on Indian River Drive Right-of-Way East of-
East Edge of Pavement Lying Between Hanison Street and Fellsmere Road (II.-97-67)
A ~LUTiON OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, E~TABLiSHING
'NO PARKING' (OR ~C"TED PARKING) AREA~ PUI~UANT TO 0-9%$5; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISION:S; PROVIDING FOR SEVERABii2rY; PROVIDING FOR AN EFFECTIVE DATE.
Adopt Resolution No. tl.-9748 - Prohibiting Parking on Indian River Drive Right-of-Way West of
West Edge of Pavement Lying Between Southerly City Limits and Northerly City Limits 0t.-97-68)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY' OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING
'NO PARKING' (OR RE.gTRICI~D PARKING) AREAS PURSUANT TO 0-9%55; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR .-hN EFFECTIVE DATE.
Regular City Council Meeting
October 8, 1997
Page Four
97.236 I.
97.171 J.
97.237 K.
97.238 L.
97.239 M.
97.240 N.
Adopt Resolution No. R-97-69 - RJ=stricting Parking for Unattmded Vehicles East of Indian River
Drive and West of Indian River Lagoon Between Fellsmere Road and Coolidge Street - 30 Minutes
(R-97-69)
A RESO~ON OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING
'NO PARKING' (OR RESTRICTED PARKING) AREAS PURSUANT TO O-97-~5; PROVIDI/qG FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Approve NCR Computer Upgrade for City Clerks Office - Sole Source - $13,714.50 (City Clerk
Transmittal 10/1/97, 6/25/97 Minute, Clerk Memo 6/11/97, Sec. 2-91(d) and (r), Budget
Page, NCR Quotes)
Approve Purchase of Carryall H Pickup for Golf Course - Piggyback GSA Contract - Jeffrey Allen,
Inc. of Bradenton - $6,253.13 Less Trade-in of Old Equipment in the Amount of $1,500
(City Mannger/Asst to City Manager Transmittal 10/2/97)
Annette Weber - ReXlUeSt for Use of Riverview Park for Fundraiser - Evans Cancer Fund - 1/11/98
1 pm to 4 pm - Electricity and Conditions in Effect at Time of Use (City Clerk Transmittal
9/30/97, Weber Letter)
Andrea Scarpa - Sebastian River High School Band - Request for Use of Riverview Park for
Barbeque Dinner Fundraiser- 11/9/97 - 11 am to 4 pm - Electricity - Conditions in Effect at Time of
Use (City Clerk Transmittal 9/30/97, Scarpa Letter)
Thursday Night Bridge - Yacht Club christmas Party - A/B Reatuest - 12/4/97 6:30 pm to 10 pm -
Age Verified - Security on Hold (City Clerk Transmittal 9/30/97, Application)
The City Manager read the cons~mt agenda and the City Clerk read Resolution Nos. R-97-61, R-97-
62, R-97-63, R-97-65, R-9746, R-9747, and R-97-69.
Mrs. Sullivan mnoved items D, G, and H; Mr. Paul removed items F, I and M; Mrs. Cartwright
removed items D, F, and I; Mayor Bm reanoved item B.
MOTION by Cartwright/Bames
I move to approve items A, C, E, J, K, L, and N of the Consent Agend~
ROLL CALL:
Mr. Taracka - absent
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 4-0
Regular City Council Meeting
October $, 1997
Page Five
97.230 B.
97.063 D.
~¢soluljon No, R-97-61 Appwving fll~ Construction Impector lob De~;ription
Mayor Barnes asked why there was no technical training requirement and the Public Works Director
responded that an "in-thefield" public works person with experience is being sought. The Hman
Resources Director addressed Council on the required experience. Mayor Barnes requested that "two
years" be removed and left as "verifiable experience".
MOTION by Barnes/Sullivan
I'll make a motion to approve item B as amended.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - absent
MOTION CARRIED 4-0
Resolution No. R_-97-63 - Concepttlal. Scmb $~y Habitat Conservat~rl PI~
Mrs. Sullivan said she had removed the item for a citizen, however, the gentleman had left the
meeting.
Mrs. Cartwright suggested the resolution be amended to refer specifically to the property cited in the
resolution.
The Director of Community Development gave a brief update on Indian River County's proposed
habitat conservation plan, noting the City Council will have the final say on it, therefore, cautioned
against limiting the language ia the resolution.
MOTION by Sullivan/Cartwright
I would move approval of Resolutlon R-97-63.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - ave
Mr. Barnes - ave
Mr. Taracka - absent
Mrs. Cartwright - aye
MOTION CARRIED 4-0
Regular City Council Meeting
October 8, 1997
Page Six
97.233 F.
Resolution No. R-97-66 - Parkiug Reslxiction - Sebastiart ¥ocht Club Parking Lot -
Restfictiag parking in Desig~l Spac~ to VehicD ~Jth Attached Bo~t Trailer
In response to Mr. Paul and Mrs. Cartwright, the Chief of Police said properly certified volunteers
can write parking tickets; said the area will be patrolled as much as possible; and that the ticket price
will be $5 or $10. Mrs. Cartwfight said she was concerned for people who rent the Yacht Club and
will not be able to use the parking lot Mayor Barnes suggested passing the resolution but
instructing staff'to look at the lots for possible reconfiguration.
TAPE I - SIDE II (7:47 p.m.)
Mr. Paul suggested that half the spaces on the south side be shortened to car spaces. Thc City
Manager suggested staffbe directed to come back with more information.
MOTION by Cartwright/Panl
I move to delay the adoption of Resolution 97-66.
ROLL CALL:
Mrs. Sullivan - nay
Mr. Barnes - nay
Mr. Taracka - abs~t
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION TIED 2-2 (NO VOTE)
97.234 O.
Resolution No. R-97-6_7 - l~ohillil~g Parking on Indi0;l ]~er Drive K/ght-of-Way E~t~f
]~ast Edge of Paver~lC~t l~.ving Betwe~ Harfisor~ Stt~t and Fellsmere Road
In response to Mrs. Sullivan, the City Manager said this restriction did not include Cavcorp.
MOTION by Sullivan/Camvfight
I would move adoption of Pa:~lufion R-97-67.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - absent
Mrs. Cart~t - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 4-0
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Regular City Council Meeting
October 8, 1997
Page Seven
97.235 H.
97.236 I.
Resolution Ng. R-97-68 - Prohibiting Parking on Incli~ River Drive Right-of-Way West
.West Edge of Pavement I,~4jlg Between Southerly City Limits and Northerly City Limits
Cindy Dierkes, Taste-O-Philly, expressed concern regarding parking for her business and said she'd
been told parking on her property was grandfathered when she opened.
The City Manager said if this was going to present a problem, Council could delete this Portion of
Indian River Drive right-of-way or delay adoption of this resolution so he can bring back additional
information. Mrs. Sullivan said she thought the regulating ordinance allowed site specific
restrictions and asked where the right-of-way line was located.
MOTION by Sullivan/Cart-m'ight
I would move that we refer this to Mr. Frame for a report and recommendation.
ROLL CALL:
Mr. Taracka - absent
Mrs. Camvright - aye
Mr. Paul - aye
Ivlrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRmD 4-0
ll. esolution No. R,-97-69 - Restfictiag Parking for Ulaattended Vehicles East of Indian giver
Drive an~ West of Indian Riyer L~goon Bet~:en F~llsmere Road ~nd Cooli~ Stat - 30 Mirlutes
Mr. Paul said he had received eall.~ about the restriction and object~l to it being imposed. Mrs.
Sullivan expressed concern that restaurant patrons were using the tot and agreed with the thirty
minute limit for unattended vehi?les. The City Manager said staff could start monitoring the area.
Mrs. Cartwright noted that the area will soon be under construction for the pier and sidewalk.
MOTION by Paul/Sullivan
I move to delay this Resolution No. t[-97-69 until Mr. Frame has time to go ahead and
thoroughly investigate.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
lVlrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - absent
MOTION CARRIED 4-0
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l~gular City Council Meeting
October $, 1997
Page Eight
97.239 M.
97.207
10.
11.
12.
,~nclrea Seargo - Seb02)ian River High School Band- Request for Use of Riverv_i.~ ~.0rk for_
l~afoeque Dinner Fundraiser- 11/9/97 - 11 am to 4 Pm - Electricity - Conditions in Effect at T~e of
Mr. Paul suggested the High School band be requested to play in next year's parade.
MOTION by Paul/Camvright
I move that we accept consent agenda item M.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Ma'. Taracka - absent
Mrs. Cartwright - aye
MOTION CARRIED 4-0
pUBLIC I~ARING - None
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not other~qse on the. agenda, sign-up required- limit often minutes for each speaker
Bud Clark and Debbie Roumelis, Clark Roumelis and Associates, presented information relative to a
proposed assisted living facility to be located in the City. (see attached)
Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at 8:35 p.m. All members present at roll
call were present when the meeting reconvenecL
COMMr[TEE I~pORTS/R~COMMENDATIONS
A. Code Enforcem~t Bola'gl
l~terview and Appoint to Uo~irod Regulgr Member Po~ii. tion - Term to Expire 3/1/98
~ommun~ Development_T~R~110/1/97, Ap~lic~ion. Minute~)
City Council interviewed Joseph Flescher, 279 Joy Haven Drive. Mr. Flescher said he would begin
a~endanee at the police academy and would probably have to be absent from some meetings during
that time.
MOTION by Sullivan/Cartwright
I would move appoinlment of Mr. Flescher for the regular member position term to expire
3/I/98.
Regular City Council Meeting
October 8, 1997
Page Nine
ROLL CALL:
Mrs. Sullivan
Mr. Barnes
Mr. Taraeka
Mrs. CarV~ght
Mr. Paul
-~e
-aye
-~sent
-~e
MOTION CARRIED 4-0
97.241
B. polie0 Officers Retirement SystemBoard of Truste~
Interview and Appoint T3~o Members (City Clerk Transmittal, See. 584 1, ¢o0amittee List.
Thr~ Applications)
City Council interviewed Kathleen Brauer, 489 Memorial Avenue. Mrs. Waldis and Mr. Solgott
were not in attendance.
MOTION by Cartwright/Sullivan
I move to reappoint Marilyn Waldis to the Police Officers Board of Trustees.
ROLL CALL:
Mr. Bame~ - aye
Mr. Taraeka - absent
Mrs. Cartwright - aye
Mr. Paul - aye
Mas. Sullivan - aye
MOTION CARRIED 4-0
MOTION by Cartwright/Paul
I move to appoint Kathy Brauer to the Police Officers Board of Trustees.
ROLL CALL:
Mr. Tar~k~ - absent
Mrs. Canwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr, Barnes - nay
MOTION CARRIED 3-I (Barnes - nay)
Regular City Council Meeting
October g, 1997
Page Ten
13. OLD
97.174
A. George StreeLSpeed/Traffic Study (Ellgi~otfilag Transmittal 10/1/97. City Engineer Memo)
MOTION by Cartwright/Sullivan
i move to approve the additional 90 days for the City's Engineering crew to collect data and
research for possible traffic calming alternatives for George Street.
ROLL CALL:
Mrs. Cattwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Ma-. Barnes - aye
Mr. Tar~ka - absent
MOTION CARRIED 4-0
14. NEW BUSINF. oSS
97.242
Adopt gesolutiou No, R-97-64 - Approving the Contract Beg~ecn the City of Sebastian and.
~9.lnmunicati.911~ Workers of Ameljca (Huroan Re~o~rg~ Director Transmittal 10/2197. R-97-64,L
CWA Collective llS~gainiv, g Agreement..~d Goutr~LF, agension A~ent - Previously Distfibutec0
A RESOLUTION OF THE CITY OF 8EBAffrlAN, INDIAN RIVER COUNTY, FLORIDA, RATIFY]NO A CONTRACT BETWEEN
THE CITY OF SEBASTIAN AND ~ COMMUNICATIONS WORKERS OF AMERICA FOR THE PERIOD FROM OCTOBER 1,
1997 THROUGH AND INCLUDINO SEPTEMBER 30, 1~98; PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF
RESOLI~ONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABIL1TY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Clerk read Resolution No. R-97-64 by rifle.
TAPE I1 - SIDE I (8:42 p.m.)
The City Manager briefly explained the pmvisious of the contract and recommended approval and
Kenny Schmitt, CWA represeutative, said the contract had been ratified by the union.
MOTION by Sullivan/Paul
I would move approval of Resohtion R-97-64 approving the contract between the City of
Sebastian and Communications Workers of America.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taxacka - absent
lVlrs. Cartwri~t - aye
MOTION CARRIED 4-0
10
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Regular City Council Meeting
October 8, 1997
Page Eleven
97.243 B.
Approve Proposed Agreem~t - E~ansion Pla~s 9{l~ggles Nest Re~gurant (City
Manager Transmittal 1013/97; Prol~o~ed Agreement: Proposed l~l~ansion Plan~ ~a~ql)
Mrs. Cartwright declared a voting conflict and said she would abstain.
Following a brief explanation of the proposed renovation by the City Manager; a timetable by Mr.
Fink; and suggestion by Mrs. Sullivan that protective language be put in place so that if the City has
tO terminate the agreement, the City would not be required to reimburse for the construction under
all circumstances; and Mrs. Sullivan and Mayor Barnes pointing out typos, motion was made.
Discussion took place on various provisions of the agreement. The City Manager requested authority
tO add the proper language relative to insurance and protective language for the City relative to
termination.
MOTION by Sullivan/Paul
I move approval of the proposed agreement with the amendments as stated and giving the
City Manager the authority tO meet with the insurance company and the City Attorney to work out
the language for the necessary insurance and tO be signed by the City Manager.
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Ta~acka - absent
Mrs. Cartwright - abstained
Mr. Paul - aye
MOTION CARRIED 3-0
97.244 C.
Adopt R~solufion No. R-97,70 - Adopting a S~egic Plan£or the City of Sebastian (City_Manager
Iransmi~tal 1012/97; Resolution R,97-70: ExhibiI"A")
A RF~OLUTION OF THE CiTY OF S~, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A STRATEGIC PLAN FOR
THE CITY OF SEB,a~h'llAN, PROVIDING FOR TH~ E~AEILISHMENT OF STRATEGIC POLICY; PROVIDING FOR GOALS AND
STRATEGIES; AND PROVIDING FOR AN EFFF, CIlVE DATE.
The City Manager gave a brief presentation.
Mrs. Sullivan recommended that this plan be adopted and added tO the Comprehensive plan. She
read and distributed a priority list ~ had prepared and asked that it be added as an exhibit to the
plan. (see attached) Mrs. Cammi~t said she did not feel City Council had a right to change the
report that was submitted by tho c~mmitt~.
11
Regular City Council Meeting
October 8, 1997
Page Twelve
A lengthy discussion took place on whether or not Mrs. Sullivan's priority list should be included
with the plan. The Director of Community Development said the Strategic plan could be added to
Data, Inventory and Analysis of the Comprehensive Plan.
Mrs. Cartwright suggested Mrs. Sullivan's list be added to the resolution but not to the plan.
The City Clerk read Resolution No. R-97-70 by title only.
lVlrs. Sullivan made a motion at this time, however, the City Manager suggested adding the priority
list as exhibit B to the resolution and to amend the resolution to add the following language to
Section l, "and accepts 'Exhibit B' as a list of voted concerns by the participants".
MOTION by Sullivan/Cartwright
I move approval of Resolution R-97-70 as amended to include Exhibit B.
ROLL CALL:
Mr. Barnes - aye
Mr. Taraeka - absent
Mrs. Cartwright - aye
Mr. Paul - nay
Mrs. Sullivan - aye
MOTION CARRIED 3-1 (Paul - nay)
15. ~TrY COUNCIL MATTEI~
Mrs. Cartwright explained her reasons for abstaining on the Eagles Nest vote were that her employer
insures the business; and inquired whether drainage work being done around the City is in
acr rctanec with the stormwat master plan.
B. ~/~r. Larry Paul
Mr. Paul requested that citizens who were at the meeting to speak on George Street do so at this time.
Bob Asheroi~ George Street, s~id it was not right to wait another 90 days to deal with George Street
problems and Ellic Roberts, George Strut, suggested stafftalk to people on George Street.
Mr. Paul said he had heard concerns fi'om people who use Hardee Park about grass cuttings on the
trail and asked if there ~ be catchers on the new mowers, to which the City Manager responded it
will have to be blown away; and asked about the procedure for increasing terms to four years for
Council members.
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Regular City Council Meeting
October 8, 1997
Page Thirteen
16.
C. M~ Ruth Sullivan
Mrs. Sullivan said she had received a letter from a resident on 1342 Sbu'board Street regarding
drainage problems and referred it to the City Manager; and commended the City Clerk for attaining
her third sustaining membership in the advanced degree from the International institute of Municipal
Clerks.
D. M~yor Walter
Mayor Barnes also commended the City Clerk; suggested the City Attorney draft a resolution
opposing a new mandat~ requiring additional attorneys in capital cases; suggested drafting a letter to
Sebastian River High School to ask the band to play in the parade,; and inquired about an ordinance
to hold contractors responsible for fight-of-way damage.
yice Mayor Richard Taracka - Absent
Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:20 p.m.
Approved at the
1997, Regular City Council Meeting.
Walter W. Barnes
Mayor
Kathryn M. O'Hailoran, CMC/AAE
City Clerk
13
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 c] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
WORKSHOP
MINUTES
WEDNESDAY, OCTOBER 15, 1997 - 7:00 P.M.
CITY COUNCIL CHAM]IERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Vice Mayor Taracka called the workshop to order at 7:00 p.m.
The Pledge of Allegiance was recited.
liOLL CALI~
Ci~ Council Present:
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
Cikv Council Absent:
Mayor Walter Barnes (excused)
City Manager, Thomas Frame
Director of Community Development, Bob Massarelli
r~puty City C~erk, Sany Maio
Also Preset:
Tom Tcmpia, Solin & Associates
City Council Workshop
Ocwber 15, 1997
Page Two
4. WORKSHOP ITEMS
97.229
Review Prol~osed Comprehensive Land Use Plan (CLUP) Amendments (Baeku~ Previously
The Director of Community Development suggested order of business as follows: 1) comments from
Mr, Taracka, Mr. Paul and Mrs. Cartwright; 2) review current and proposed land use maps; and 3)
an overview of alternatives for the Riverfxont District which he had distxibuted at the beginning of
the workshop. He suggested that Council review the Riverfront material and address it at the
November 12, 1997 workshop.
Mrs. Cattwright inquired about Schumann and Indian River Drive being listed as County Collectors.
Mr. Tempia and the Director of Community Development said they would review this and make any
necessary changes. Mrs. Cartwright recommended the addition of streets such as Periwinkle, Rolling
Hill, Tulip and Carnation in the list of City Collectors, however, Mr. Tempia explained the definition
of a collector as going fi'om arterial to arterial. The Director of Community Development suggested
those streets be listed as Si~ificant Local Slxeets.
Vice Mayor Taracka reviewed the proposed CLUP amendments and expressed concern for
keeping public/private partnerships to a minimum and including some residential in the downtown
area. Changes made as a result of his input were as follows:
Policy I- 1.2.4. - insert word "residents" before "Chamber of Commerce"
Policy I-2.2.2 - delete "Tourist oriented markets in the immediate vicinity"
Discussion took place on whether or not to include the portion of the Indian River that is within the
city limits in the Riverfxont District.
Policy 1-3.6.3. - change to "conserve and protect"
The Director of Community Development distributed revised pages 14, 27 and 28.
Discussion took place on meeting very low income housing standards and aquifer recharge areas.
TAPE I - SIDE II (8:47 p.m.)
Policy 4-4.1.1 - insert "surficial" before "aquifer" in rifle
Discussion took place on the termination of sandmining operations by 2010.
The Director of Community Development said he would prepare a map referred to as B-5 in policy
4-4.1.1. which highlights specific soil areas for the next meeting and in response to Vice Mayor
Taracka, said he would contact St. Johns to fmd out if the current sandmining permit scheduled to
expire in 2002 can be extended.
City Council Workshop
October 15, 1997
Page Three
Mr. Tempia said he would prepare a third drai~ incorporating all changes made at thc two workshops
for the November 12, 1997 workshop.
Vice Mayor Taracka called recess at 8:10 p.m. and reeonvened the workshop at 8:22 p.m. All
members present at roll call were present when the workshop reconvened.
City Council concurred to allow public input at this time.
Shirley Kilkelly, 950 Franciscan, expressed concern for the reduction of the open space requirement
to 30% in residential districts.
Harry Thomas, 654 Balboa Street, suggested incorporating the FAR (Floor Area Ratio) formula
being recommended for Industrial zoning districts in Residential zoning districts. The Director of
Community Development defined FAR as allowing .5 as the maximum floor area to total area of
property.
Mr. Thomas also asked for definitions of assisted living and affordable housing.
Discussion continued on establishing a standard for residential open space in the Land Development
regulations.
TAPE II - SIDE I (8:45 p.m.)
The Director of Community Development reviewed the existing and proposed land use maps for the
entire City; recommended a special study of the twin pairs area of Louisiana/High to determine the
correct use, noting P & Z has recommended industrial; and discussed the Schumann limited
commercial property and the proposal to eliminate COR (Commercial Office Residential). He said
th~s~ issues will have to be discussed further.
He then went on to give an overview of the five proposed Riverfront District alternatives and in
closing reiterated the November 12, 1997 workshop will be conducted to:
1)
2)
3)
4)
review the third draR of the CLUP goals, objectives and policies.
review overall CLUP maps which will be distributed by Solin
discuss COR
provide a definition of assisted living facilities and affordable housing facilities
The City Manager said he had obtained pending legislation policy from Indian River County, had
discussed the possibility of pending legislation and/or a moratorium on development in the
Riverfront District with the City Attorney, and that it was her advice that a moratorium was a safer
way to go. He said a moratorium would have to be adopted by an ordinance following two public
hearings.
City Council Workshop
October 15, 1997
Page Four
Mrs. Cartwright requested a report from the City Attorney for the November 5, 1997 regular meeting
regarding imposing a moratorium. The City Manager said he would ask her to include information
on pending legislation ~Iso. She also requested that staff obtain sample ordinances from Municipal
Code and/or other source.
Mr. Paul suggested that the item be placed on the next agenda, however, Mrs. Cam, aight advised
that the attorney would not have time to prepare her report.
TAPE II - SIDE II (9:30 p.m.)
Discussion took place on pending development on U.S. 1.
Harry Thomas, 654 Balboa, suggested Council give guidance to staffon this issue so that staffcould
advise Planning and Zoning.
Vice Mayor Taracka adjourned the workshop at 9:35 p.m.
Approved at the
Meeting.
,1997, Regular City Council
Walter W. Barnes
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
4
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
AGENDA FORM
SUBJECT: Request from Pelican
Island Preservation Society for use
of Riverview Park
APPROVED FOR SUBMITTAL BY:
City Manager:.
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AGENDA NO.
Dept. Origin: CITY CLERK ~
Date Submitted: OCTOBER 2, 1997
For Agenda Of: OCTOBER 22, 1997
Exhibits: Letter Received 10102/97
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
.~UMMARY STATEMENT
The Pelican Island Preservation Society is requesting permission from the City Council to utilize
Riverview Park on Saturday, March 14, 1998 from 11:00 AM to 4:00 PM, for the purpose of
observing the 95th Anniversary of Pelican Island.
They also will require the use of electricity.
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 in the park.
5. All displays must be clear of the sidewalks and entrance ways.
6. All goods for sale must be handmade by members of the organization.
7. Applicant must contact and receive approval from the Health Department regarding
sale of food.
RECOMMENDED A~TION
Move to approve the request with the use of electricity and standard conditions or whatever rules
are in effect at time of event.
October 1, 1997
President
Walt Stieglitz
561/663-9750 Ms. Kay O'Halloran,
Vice President City of Sebastian
IlkaDaniel 1225 Main Street
561 / 589-8973
Secretary
Ruth Davies
561 / 589-3687
Pelican Island Preservation Society (PIPS) would like to
reserve the use of Riverview Park for Saturday, March 14,
Treasurer 1998, for the purpose of observing the 95th anniversary of
PatPdchter Pelican Island Island between the hours of 11 am and 4 pm.
561/388-5563 It is my understanding that this request needs to be
approved by the City Council and that you will advise when
Past President this will be on the agenda.
Todd Klitenic
561/589-5255 As usual, the anniversary event will include exhibits by area
nonprofits, live animal exhibits and programs, programs and
B0ardMeraber~xhibits by wildlife refuges 'throughout Florida, some arts and
Pelican Island
Preservation
City Clerk
Sebastian, FL 32958
Dear Kay:
David Cox
Anne Putman
Peg Rondeau
Lynn Stieglitz
Ex officio
Paul Tdtaik
crafts vendors, food vendors, a photography exhibit, and
special programs for children.
The attendance at last year's anniversary celebration was
estimated to be between 2,000 and 2,500 during the course of
the day. We anticipate attendance for the 95th anniversary
will be similar. Of course, there is no admission fee for
those who attend the event.
Enclosed is a copy of our liability insurance policy showing
the limits of coverage for PIPS. Feel free to give me a call
if you need any further information, (589-3687).
We greatly appreciate the cooperation of the City of
Sebastian in allowing us to hold this annual event in the
city's park and we look forward to working with the city
for the March 14th anniversary.
Sincerely,
Ruth Davies, Secretary
PELICAN ISLAND PRESERVATION SOCIETY (PIPS)
enclosure
P.O. Box1903 · Sebastian, ITL 32978
City of Sebastian
I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570
SUBJECT: Rental of Community
Center for Halloween Dance
APPROVED FOR SUBMITTAL BY:
AGENDA FORM
Dept. Origin: City Clerk
Date Submitted: October 7, 1997
For Agenda Of.' October 22, 1997
City Manager:
EXPENDITURE
REQUIRED:
Exhibits: Application Dated 10/06/97
AMOUNT APPROPRIATION'
BUDGETED: REQUIRED:
SUMMARY STATEMENT
The City has received an application fi.om Our Lady of Guadalupe Church requesting permission
to rent the Community Center for a Hallow~n Dance on October 31, 1997, from 7:00 PM to
12:00 Midnight. The Security Deposit was paid on October 6, 1997.
They also are requesting permission to charge an admission fee of $6.00 per person as a
fundraiser for the Church.
RECO~~ED AC~ON
Move to approve the request with extended time and admission fee.
CITY OF SEBASTIAN
RENTAL PERM]T AFPLICA TION
NAME OF PERMITrEE:
ADDRESS OF PERMITYEE: I PC) -- C~ q
~ COMMUNITY CENTER { } YACHT CLUB
OCt ~ LO.c~ O~ G~O~HONE #: -_5 '7 / -
NAaME OF ORGANIZATION OR GROUP IF APPLICABLE: C) c.t <
RFakSON FOR RENTAL: DC( I~ C ~_
APPROXIMATE # OF PERSONS ATrEND[NG EVENT:
REQUESTED DATE: 10/~//C~ 7 TIME: FROM
/dO
?- rx To
PLEASE ANSWER FT.S OR NO:
1. ARE KITCHEN FACILITIES REQUIRED?
2. ARE YOU A RESIDENT OF SEBASTIAN?
:3. WILL DECORATIONS BE PUT UP? }~
e
!
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WILL THERE BE AN ADMISSION OR DOOR CHARGE?
WILL ALCOHOLIC BEVERAGES BE SERVED?
(a) IF ANSWER TO #5 IS Y135, PERMITrEE'S PROOF OF AGE:
(B) IF ALCOHOL IS TO BE SERVED, PERMISSION IS REQUIRED BY CITY COUNCIL.
YOUR REQUEST WILL BE PRESENTED TO COUNCIL ON:
MAKE CHECKS PAYABLE TO: CITY OFS£BAbViAN
~rA S£RVIC£ F~£ OF $fl~ OR $20.00 (WHICH I$ GRF. A T~R) .MA Y1113
DISHONO~ CHECK P~R ~O~DA ~A ~ ~A ~ I aa. ma1.
oFFIdE - USE ONLY
SECURITY DEPOSIT PAID ON: ~D~Yy
CASH
RENTAL FEE PAID ON:
DATE CASH
CHECK INITIALS
CHECK INITIALS
ALCOHOL BEVERAGE REQUEST AT THE COUNCIL MEETING ON
APPROVED/DENIED
KEY PICKUP DATE:
SECURiTY DEPOSIT RETURNED BY CITY CHECK #:
COMMENTS:
KEY RETURNED:
FOR $
ON:
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G. No decoration of any type shall be permitted
without the prior approval of the City. Any decoration utilized
must be removed by the permittee.
H. In the event that gambling activity is to be a part
of the permitted use, the city Council shall make a determination
that such activity is not in conflict with the general law of the
State of Florida.
I. No alcoholic beverages of any type may be brought
on to the premises, dispensed, or otherwise consumed without
prior authorization of the City Council. The Council shall make
specific provisions in the permit with regard to consumption of
alcoholic beverages.
J. The permittee shall not, under any circumstances,
remove any chairs, tables, or any other equipment from the
facility.
K. Unless otherwise directed by the City Council, all
permitted activities shall cease no later than 11:00 p.m.
L. The permittee shall bear the responsibility for the
control of the lights, thermostats, and other equipment in the
facility. Further, the permittee sha~l bear responsibility for
the unlocking and subsequent securing of the doors of the
facility. In the event that an applicant anticipates any special
needs with regard to heating, air conditioning, or lighting, he
shall disclose the details of such necessities to the City Clerk
at the time of application. The Clerk shall then determine if an
additional fee is necessary.
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B. The City Clerk shall issue a use permit upend.'..I
determination that the requested use is permissible pursuant to .',
this Resolution and all fees have been paid. In the event that I
the proposed use may include activities involving gal:~ling,
·
alcoholic beverages, the use of a facility after 11:00 p.m., or I
if an admission charge is to be assessed, then the City Clerk
shall not issue a use permit until .directed to do so by the City
Council.
C. A use permit for a group composed of minors shall
be issued only to an adult who accepts the total responsibility
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for the supervision of each minor throughout the period covered
-by the permit.
D. No admission fee or other charge may be imposed by
the permittee unless expressly authorized in the use permit.
Prior to issuance of the permit, the City Council shall make a
determination that the proposed admission charge or other fee is
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not intended to further a commercial purpose.
E. The serving of food and/or use of kitchen
facilities is prohibited unless specifically authorized in the
use permit.
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F. The applicant shall disclose to the City Clerk the ~
nature of the proposed activity and the anticipated need for
extra work by City personnel. In the event.the City Clerk I
determines that the permittee will cause extra work by City
personnel as a result of the proposed use, an additional fee I
shall be charged in order to fully recoup such cost.
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Subject:
Utilities,
Number 94-0202-CA~03
City of Sebastian, Florida
Proposed Settlement in the Citrus Agenda No. ~7. 2 q ~,/'~, Z2.3
Inc. vs. City of Sebastian, Case /
Department Origin: City Manager
Date Submitted · October 16, 1997
For Agenda off
Approved for Submittal by: City Manager
Exhibits:
· Copy of Letter from Attorney Richard E. Torpy
· Copy of Cop~( of Proposed Settlement A~eement
EXPENDITURE REQUIRED: [ AMOUNT BUDGETED:
n/a I n/a
October22,1997
IAPPROPRIATION REQUIRED:
n/a
SUMMARY STATEMENT
The proposed settlement agreement would bring to an end the long standing litigation over
pertinent issues which were raised buy Citrus Utilities at the time of the transfer of the utilities
form GDU to the City of Sebastian.
The City would not be required to pay any settlement fees. GDU agrees to pay Citrus Utilities
· t~25,000 by October 1, 1997. Since that date has been missed it may be changed to align with the
execution dates of the settlement agreement.
RECOMMENDED ACTION
Authorize the City Manager to execute the settlement agreement with the understanding that the
date for payment by GDU to Citrus Utilities may be changed.
PAUL H. AMUNDSEN
RICHARD W. MOORE
RICHARD E. TORPY
RODOLFO NLrlqEZ
E. PALMER MASON
OF COUNSEL;
BYRON B. MATHEWS, JR_
Via Facsimile Transmission
Mr. Thomas Frame
City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re:
AMUNDSEN MOORE 8,: TORPY
ATrORNEYS AT LAW
200 SOUTH HARBOR CITY BOULEVARD
SUITE 203
MELBOURNE, FLORIDA 32901
(407) 724-6262
FAC,SIMILE: (407) 727-2006
PLEASE REPLY TO:
MELBOURNE OFFICE
October 15, 1997
Citrus Utilities, Inc. vs. General Development Utilities, Inc.
vs. City of Sebastian; Case No. 94-0202-CA-03
Our File No. 94-3130
I
TALLAHASSEE, FL 32301
(904) 425-2444
FACSIMILE: (904) 425-2447 I
I
Dear Mr. Frame:
Enclosed is a copy ora proposed Settlement Agreement which will finally settle the long standing Citrus
Utilities, Inc. claim against General Development Utilities, Inc., the City of Sebastian~ and Indian River
County.
Under the terms of the Agreement, all parties will be released from all liability and all parties will dismiss
their claims with prejudice.
I do not believe it is necessary to take rials before the City Council, however, I leave that to your discretion.
If you do wish to bring it before the City Council, I would request that you do this as soon as possible so
this matter can be resolved at the earliest convenience.
By the time you receive this letter, hopefully we win have akeady discussed this matter. If not, please
contact me so we can discuss this further.
RETH
Enclosure
Sincerely,
AMUNDSEN, MOORE & TORPY
Richard E. Torpy
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CARLTON FIELDS-.
4077270802;# 3/ 8
WHER~$, on or about Marc~ 4, 1993, CITRUS ami GDU e ~umd a Utility
Agreement ~ to a water and wa.w wagr treatmem facility locat~ in the Cib' of Sebastian
WHEREAS, in De,:z~ of 1993, GDU ~okt tl~ Sys~m to CI~"/'; and
~, on or about $~l~aber 20, 199~, CITY sold ttm Sym~n m COUNTY;
WH-I~H~FAS, crrR~ has sou~t~ to coll~ any mo~im d~ and ow/n~ um~ the Utility
Ag~ma~ut as a nmflt of GDU selling ~e Symm tin, ugh a l~w. mit ~ against GDU, CITY,
~ COUNTY ia the Circuit Court of tl~ l~ Iud~ifl Ci~t~t in a~l for Imti~ Riv~ Coumy,
Hofida e~aiiled C~m~s Utilities. ~e. v. ~ Deve!oi~gm~t Utilities. Inc.. ~ity of
and Indian Rlw~r Couu~y. Ca~ No. 9~-0202 CA ~3 (tl~ 'Ar. lion"); and
~, the Parties deaire to searle rally anti fiaafly, any and all fii~, claims
or events existing between them wlfieh retate in aay way to ~ Utili .ty Agree m ~,,:~t, the Action,
and any aad all e{*im,, ev~t~, tra~ous ired causes of actiou up to aud im ludiug the datu of
this Agreement.
NOW, ~RE, ia c,t~sidemtion of fl~ mumrd promises, eoveaa~ ami ~
co~t~-~ ia ~his Agre~n~ t]~ ~ ag~ m follows:
1. GDU shall pay CITRUS $25,000 by October 1, 1997.
2. CITRUS shail mlea~ GDU, CTrY aud COUNTY from any and ail c2aim.~,
coumerc{~ims, damag= n,,d causes of action of o'=ry nature, kuown ot n.k,,6wn, suspected or
· uususpecu:d, arising from or attn'but~i~ to .--,y practices or conduct of ~DU, CITY, mud
COUNTY and their ~ors, pr~, Fare~, subsidiaries, affiliate~, divisions, owners,
omc. ers, directors, em~..laye~s, assign, agents, indep~deut contrac .tO~, attom~s
representatives, relating directly or indi~y to the Utility A~, th~ A~iun, aud any and
all .,y2aer matter~, ap to and including ~ dag of ~ Agre~m~.nt.
S~T t~Y: 9- 8-fl7 : 4:,52P,~1 ; G~LT0~ FIELDS- 4,, ~..z0o0:.~. 4/ ~
3. GDU shall rclcasc CITRUS, crrY ~ COUNTY from aa.,/and all claims.
cmmtt~'-,~taiu~, damages and catls~S of action of e~/ery nalute, known or II11~, ~ su.~pected or
tmsuspecmL ~rising from or am'ibumble a~ any pra~:fices or conduct of CITRUS, its ~cccs~rs,
predec=ssom, parc~s, subsidiaries, afFtli~, divisions, ow~rs, offic~, d~rect~rs, ~mploy~,,
m/ir~=~ to ~e Utility Agrvmm=, the A~on, and any and all other matra's, up to and
including the date of this Agn:mtmt iac, luding any claim for attorneys fe~s ~t costs.
4. CITY ~hall rel~ CITRUS, GDU and COUNTY from andy and all claim%
countemlaims, danm~ and muses of action of every naUtre, known or unkni)wn, ~ or
unsuspected, ~ f~om ot
predec~smrs, pmvnts, s-utmidiaries, atSliates, diw,ons, owners, officer, s, dtnw.~ots, employees,
assi~s, agents, independent contram~, a~orneys a~l representa~ves, re~ing ~rectly or
indirectly to the Utility Agreement, the Action, nnd any and nil other mntt~a,
inclu~ling the dam of tttis Ag~craent including any claim for attorn~s fi:cs ~nd costs.
5. COUNTY shall tdease CITRUS, GDU and CITY from ~ and all ¢lainm,
cmugt:mlaims, damage~ and canscs of ac, dion of ~very nalu~, Iolown or nnkngwll, ~pected or
asm~ns, agents, indc-lnmdent contrac~rs, attorneys anti rep~ve~, re~ttiag dirtily or
inditr, cfly to the UtilRy Agreement, the Action, and any and ail oth~ ttltttt~, up to and
i~:ludiag ti~ ~o of this
6. All Parties to the action ~ dismi~ 'tt~ chims with Prejudice.
7. ~is ~ consisting of fl~e~ (3) pages, constitum the entire undm~
beiweea &e Parties hereto, and slmll ia ail,respects ~ iatmpiet~l, enfor~ and governed by
the laws of tin: ~ of Flm'kln. The Pames/hrflter ngree and acknowl~ that ahould any
um:nfarc~ble provision sl~ I~ ~ seven, lc from lh~ tes~ offltis Agr~nent ired ~ not
aff~ the validity or ~forceabilis~ of
8. The Patties tep~sextt that ia ~ ~ th~ Agreement lh~y haw not mlitxl
ugon any slatea~a, rep~oa ar p~ of any otho- Party, other than the provisions set
fortlx in thi~ Agrn~t.
9. The ]harti~ acknowledlg: that they ate ettlzring into this Agn~a'nent freely anti
voiulttarily, with a full ~g of the meaning and con!~ueaces of i~. term.~.
10. The Agree~neat may not be amended ar modified except by an insmunent in
wri~ sig~ed by ~U of
! L ~ Agt~m~t may be ~x~-'uted ~ two or mor~ r.o~, ~h of which shall
Page 2_ of 3_ Pages
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O- 8-~7 ; 4:~P~ ; CARLTON FIFII~5-~
4077270~02;# 5/ ~
By:
TiRe:
DATED: Septumbcr ,1997
DATED: Sepn-~her .1997
DATED:
Sct,r_emb¢~ ~, 1997
O'ENF_RA~ DEVELOPMEXT U
Ti~,=:
CiTY OF SEBA~
By:
Title:
IIVDLAN RIVER COUNTY
Title:
rILITIES, INC.
Page 3_ of .3 Pages
Subject:
of observation/fishing
Park
City of Sebastian, Florida
Award of bid for the construction Agenda No. ? ~-/~ ~
pier at Riverview
Department Origin: City Manager
Date Submitted' October 16, 1997
For Agenda off October 22,1997
Approved for Submittal by: City Manager
Exhibits:
Copy of Notice to Bid
· Copy of Section 2-92 (c)(2) Code of Ordinances, City of Sebastian
° Bid Tabulation
EXPEN ITUKE REQI_ffRED: [ AMOUNT BUDGETED: APPROPRIATION REQUIRED:
$12,700 [ $25,000 n/a
SUMMARY STATEMENT
As part oft. he City's responsibility and grant match with the Shoreline Stabilization Project at
Riverview Park, the City is obligated to construct an observation pier. The City had the pier
designed and solicited bids for the construction of the facility. Two bids received were within
budget. The bidders were Treasure Coast Marine and Dockside Builders. Both bidders
however failed to comply with minimum requirements associated with the insurance at time of
bid opening. Both have since provided evidence of required insurance in the proper mounts.
In reading the bid requirements, failure to submit proper proof of insurance would result in the
immediate disqualification of the bidder. While the invitation to bid was specific as to insurance
requirements, the only two bidders both failed to fully comply at time of submittal. Both bidders
have since brought these deficiencies into proper compliance with the required type and
amounts.
RECOMMENDED ACTION
In light of the nature of this project and the fact that the City only received two bids, and
considering that both bidders have show that they can comply with the minimum insurance
requirements, Council should consider a waiver of technicality. The City's bidding procedures
does provide for a waiver of technicality under Section 2-92 (c)(2) of the Code of Ordinances.
Both the City Manager and the Purchasing Agent believe that it would be prudent to declare the
initial insurance deficiencies subject to a waiver of technicality and award the bid to lowest
bidder using stainless steel fasteners in the mount of $12,700. The lowest bid would be
awarded to Dockside Builders.
NOTICE OF INVITATION TO BID
SEALED BIDS FORA CONTRACTOR TO PERFORM CONSTRUCTION OF
A PUBLIC FISHING/OBSERVATION PIER WITHIN THE CITY OF
SEBASTIAN, WILL BE ACCEPTED BY ~ CITY OF SEBASTIAN, IN THE
OFFICE OF THE CITY CLERK, 1225 MAIN STREET, SEBASTIAN,
FLORKIA 32958, UNTI]L 2:00 P.M. ON WEDNESDAY. _OCTOBER 1. 1997.
BID ENVELOPES ARE TO BE MARKED, AS FOLLOWS:
BID: OBSERVATION PIER
The City of Sebastian is seeking bids from licensed contractors to provide construction services, labor and
materials for construction of a Public Fishing/Observation Pier. Project includes, but not limited to,
installation of pilings, wood decking, stringers and railings of 60 foot main pier with 12' X 24' observation
area. AH wood shall be specially treated, per specifications. An alternate bid of stainless steel is being
requested in addition to the specified galvanized steel.
The Contractor shall be able to be properly licensed in the City of Sebastian, and shah show Proof of insurance
to conduct its business, with all licenses, and certificates as required by all local, State of Florida, Federal
agendes. Contractor shall submit a current license fi.om the State of Florida and must be capable of obtaining
the appropriate licenses and certificates in the City of Sebastian.
Contractors interested in preparing a bid may pick up or request a bid package with Instructions for Bidders
and specifications fi.om the Office of the City Clerk. All items bid shall conform to the Contract Documents
in their entirety, and no bid shall vary fi-om the Contract Documents unless specifically approved in advance
in writing by the City.
Any bids received without Proof of Contractor's Licenses, Public Entity Crime Form, Drug Free. Workplace
Form, Proofoflnmmmce (in the amounts specified in the Contract Documents) will be considered incomplete
and immediately disqualified. Any person or affdiate who has been placed on the convicted vendor list
following conviction for a public entity crime may not ~ubmit a bid as proscribed by Section 287.133, F.S.
Prospective bidders must contact the City Clerk's office in person, or by mail at the above address, or by
telephoning 561-589-5330 for bidding documents and specifications.
Questions concerning the project should be directed to the Public Works Department 561-589-5490. Bidders
are encouraged to visit the site prior to bidding.
Bids duly submitted will be publicly opened and read aloud at 2:00 p.m.,on Wednesday, October 1, 1997, in
City Hall. The City reserves the fight to reject any and all bids, or to accept any bid or portion thereof deemed
to be in the best interest of the City.
BY:
KATHRYN M. O'HALLORAN
CITY CLERK
CITY OF SEBASTIAN
PUBLISH PRESS JOURaNAL
§ 2-92
SEBASTIAN CODE
bidders of sec~on 287.133 MS.(A), Public Entfity Crime, and location where bid
documents and specifications are available, and specify date, time and location at
wkich bids will be opened.
(b) Contract renewal. The city manager or his designee shall have the authority, subject
to approval of the city council, to renew any ¢on~act which was awarded through the
competitive bid process and approved by city council, providing said contract contni~ a
provision for renewal and the contractor/vendor has pe~ormed and lived up to the terms and
condkions of said contract, and is wor~y of renewal. The renewal contract shall be consistent
in every way with the terms and cond/tions of the original contract and the city reserves all
fights contained therein.
(c) Correction, cancellation and withdrawal.
(1) Bidders may be asked to provide further information after bid ope-l-g to determine
the responsibility of vendor.
(2) Waiver of tecb-~cality. Information shall not be cons/tiered a~er the bid ope-l-g flit
has been specifically requested to be provided with the bid and becomes a mat~er of
responsiveness. The bid shall be considered responsive only ff it substantially
conforms to the requirements of the/nvitation to bid. The city council may waive any
informality, technicality or irregularity on any bid. A mi-or or nonsubstantive lack of
conformity may be considered a teeh-lcality or irregularity, which may be waived by
city council.
(3) Mathematical errors. Errors in extension of unit prices or in mathematical calcula-
tions may be corrected. In all cases of errors in mathematical computation, the unit
pr/ce shall not be changed.
(4) Cancellation or postponement. Any t/me prior to the bid opening dare and time, the
purchasing agent may cancel or postpone the bid ope-lng or cancel the invitation for
bid in its entirety.
(D Withdrawal. Prior to any puN/shed bid opening date and time, a bidder may
withdr~w his or her bid in writing. A fax is permitted £or th/s purpose, provided that
a confirming telecon is made.
(6) .~mendmentz. Prior to any published bid opening date and time, a bidder may amend
his or her bid provided that it is in writing, in a sealed envelope, and identified.
(7) Addenda and change orders. The city recognizes that changes in the scope of work or
quantifies necessary, especially in capital improvement projects, may occur in order to
fulfill a need or complete a project. In recogn~ition of the above, the city hereby
establishes a provision which shall accommodate such changes as follows:
a. As used herein, the defmi~on of "addenda": Written or graphic instruments
issued prior to the bid opening which clarify, correc: or change the bidding
documents or ~he contract documents.
.'%. lo CD2:10.2
BID TABULATION & BID FINDINGS
FISHING/OBSERVATION PIER
BID OPENING OCTOBER 1, 1997
DESCRIPTION
[liD AMOUNT
(GALVANIZED
FASTENERS)
BID AMOUNT (STAINLESS
STEEL FASTENERS)
DAYS COMPLETION
LICENSES
W/C INSURANCE
GEN. LIABILITY
INSURANCE
AUTO LIABILITY
INSURANCE
TREASURE COAST
MARINE
$12,832.93
$13,151.20
30
YES
EXEMPT-FAMILY MANNED
BUSINESS, HIRING ONLY
THROUGH LABOR FORCE
$1,000,000 SUBMITTED
($500,000 REQUIRED)
*NOT SUBMITTED WITH
BID AS REQUIRED, BUT
SUBMITTED AFTER BID
OPENING. $500,000
DOCKSIDE
BUILDERS
$12,000.00
$12,700.00
30
YES
YES
COMM
ENTS
NONE
NONE
NONE
**ONLY $300,000 SEE
($500,000 REQUIRED) BELOW
**ONLY $50,000 SEE
($500,000 REQUIRED) BELOW
PUBLIC ENTITY CRIME YES YES NONE
FORM
DRUG FREE WORKPLACE YES YES NONE
FORM
*~URE COAST MARINE, AT THE TIME OF BID OPENING, WAS IN FACT COVERED BYAUTO LIABILITY
INSURANCE BUY FELL SHORT OF TI-IE REQUIRED COVERAGE AMOUNT STIPULATED IN THE INVITATION TO
BID, AND ALSO FAILED TO PROVIDE PROOF OF SAME. THE CITY HAS SINCE RECEIVED PROOF OF INSURANCE
IN THE PROPER AMOUNT.
**DOCKSIDE BUILDERS, ON THE OTHER HAND, DID PROVIDE PROOF OF ALL INSURANCES IN THEIR BID
SUBMITTAL, HOWEVER. FELL SHORT ON COVERAGE AMOUNTS AS 12qDICATED ABOVE. THE CITY HAS SINCE
RECEIVED PROOF OF INSURANCE IN THE PROPER AMOUNT.
IN SHORT, WE HAVE BOTH BIDDERS WHO DID NOT CONFORM WITH TIIE INSURANCE REQUIREMENTS AS
REQUIRED IN THE INVITATION TO BID. HOWEVER. SINCE THE BID OPENING BOTH BIDDERS HAVE SUPPLIED
PROOF OF INSURANCE IN THE PROPER AMOUNT.
City of Sebastian
i 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
Subject: Contract Renewal Asphalt Type S-
3 to be picked up for pothole repairs
City of Sebastian, Florida
Agenda No. ~7- ~
Department Origin: Public Works
Approved for Submittal by: City Manager
Date Submitted: 10/16/97
For Agenda of: 10/22/97
Exhibits: Letters of Consent from vendors, copy of original minutes awarding contract
EXPENDITURE
_REQUIRED: N/A
IAMOUNT BUDGETED:
N/A
APPROPRIATION
· REQUIRED: N/A
SUMMARY
On October 9, 1996 the Sebastian City Council awarded Ranger Construction Industries, Inc, the
annual Type S-3 Asphalt Comract. The Council Also approved the right to purchase Type S-3
Asphalt for use in filling potholes and patches on an as needed basis fi.om Dickerson of Florida,
Inc, and MacAsphalt, a Division of APAC Florida Inc when Ranger is not producing Asphallt.
The Public Works Department would like to renew these contracts with all three companies with
one exception. The renewal with Ranger is for the asphalt picked up for pothole repairs only and
we will not be renewing the resurfacing section of the comract due to the anticipated large paving
project this fiscal year which will be put out to bid. The original bid documems allowed for two
(1) year renewals providing they were in the best imerests of the City and vendor agreement was
received.
RECOMMENDATION
Move to renew the asphalt eomract for one year for Type S-3 asphalt picked up by the City with
Ranger Construction Industries and Dickerson of Florida, Inc and Mac Asphalt, a Division of
APAC when Ranger cannot supply the necessary asphalt to the City.
i~us~, Inc.
October 10, 1997
City of Sebastian
1225 Main St
Sebastian,FL. 32958
Attn: Linda
Re: Asphalt-Pick ~ Contract
Dear Linda,
Ranger Construction Ind. Inc. Agrees to extend for another
year the current asphalt pickup contract. The current price is
$27.50/Ton. .
If you have any questions or need any further asSistanCe,
please advise.
J:~el~rick
Vi~e PreSident, General Manager
JKC: j mq
DICKERSON FLORIDA~ INC.
A COMPANY Of THE DICKER$ON GROUP. INC.
3340 $,E. Dixie Highway
Sluart, Flodda 34997
P.O. Drawer 719
Stuart, Florida 34995
(561) 287-6820
FAX (561) 287*4660
Mr. Paul Wagner
city of Sebastian
1225 Main Street
Sebastian, FL 32958
October 9, 1997
Re: Annual Type S-3 Asphalt Contract
Dear Mr. Wagner~
Pursuant to your request, our proposal for furnishing Type S~3
Asphalt at our Selvitz Road, Fort Pierce facility is $28.50 per
ton to be picked up by City trucks.
Should you have any questions relative to this, please feel free
to give me a call.
Sincerely,
DICKERSON FLORIDA, INC.
JRW:cfm
or Vice President
APAC-Florida, Inc.
Macasphalt Division
P.O. Box 411029
Melbourne, FL 32941-1029
Office 407/242-0236 m Fax 407/242-8878
Maca~Thal:
Division
,September 30, lgg7
City of SebasUan
122S Main ~eeet
Seba~an, Florida 32958
A'FI'N: Linda
FAX: 407158g-5570
Dear Linda:
To ~311aw. up our phone converMUon ~ date; APAC-Ro~de, In~ will ac=apt the first year renewal of Re Type
S-3 Asphalt FOB Melbeuma Plant O the eetablf~hed [&~ of $2g. O0/Ton.
APACoRartda, Ino. understands that the ~-3 malarial will I~e picked up by City of Sebas~n tru~s an an ae
needed ba~ fi3r filing IX~lelea and patching. .
All original specifi~tions and condr~anl from the 8eptamber 30,19I~ bid will apply.
Pleaee ~all if you have any further questionl.
Sincerely,
A~n~L. McElroy,
Chief Estimator
c~: WH file, Melb file & Melb plant
/ ~
l:'ct
BRANCH OFFICES i Avon Park 'J Orlando :a Winter Hav~n
::tl~noB-r3N J.-l~db-~bl,l l, ld*t:gO
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O~RII.'MI'Y
~MPLU'Y=~
96.219
45-50
96.029
51-54
96.049
~-~
96.215
67-70
96.220
71
96.090
73-75
Adog~t_Resolution E/o.. R-96-78 - City Planner 1I/..ob De:criptiorldCity Maaag.~ Tra0smittgl
[9/3/96. R-96-78_ Job Description'l
RESOLUTION NO. R~9i5~78 -,
A RESOLLrrlON OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrNTY,
FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF
COMMUNITY DEVELOPMENT DIRECTOR.; PROVIDING FOR INCLUSION OF
SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD
OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLLrrlONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
Bid Award fo[ Annual Type S-3 Asphalt Resurfacing Contract - Ranger Construction
Industries, Inc. and Purchase of Type S-3 Asphalt from Dickerson of Florida, Inc. and
MacAsphalt a Division of APAC Florida, Inc. on As-Needed Basis ('Public Works
Director Transmittal 10/2/96, PW Director Memo lO/1/96i.Bid Summary and Tabulation
Sheet) ~,e~,t~c, ~o I q,[ q 6
Approve First Amendment to Cost Share Agreement with St. Johns River Water
Management District - Riverview Park Shoreline Restoration Project (City Manager
Transmittal 10/3/96, SJRWMD Letter 9/18/96 and Memo 9/12/96, Agreement)
Formal Approval of November Meeting Schedule - 11/13/96 and 11/20/96 (City Clerk
Transmittal 10/3/96)
Approve Request from Pelican Island Preservation Society' to Use Riverview Park -
Sunday, March 9, 1997 - 94th Anniversary of Pelican Island National Wildlife Re.ge - 9
am to 4 pm _ Use of Electricity - Standard Conditions (City Clerk Transmittal 10/1/96,
Davies Letter 9/14/96)
Amend Approval Date for Use of Riverview Park - Craft Club - Change 1 I/5/96 with
11/6/96 Raindate to 11/2/96 with 11/3/96 Raindate (City Clerk Transmittal 9/24/96, Craft
Club Letter, Minutes)
City of Sebastian, Florida
Subject: Sebastian Lakes Commons Final
Development Plan and Final Plat
Approved for Submittal by:
Agenda NO. qw/. Z/~
Department Origin: Community Development
(RI )
Date Submitted · October 16, 1997
~~). ( /~t/~-~ ,,.For Agenda of October 22, 1997
Exhibits: 1)Application 2)~-rL&afion Map 3)StaffRe;rt 4)Final Plat 5)Resolution R-97-71
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: None None REQUIRED: None
SUMMARY
Southern Development Services has applied for approval of final development plan and final plat
for Sebastian Lakes Commons. This project is part of the original Sebastian Lakes PUD. The
proposed final development plan and final plat are consistent with the approved preliminary
development plan and preliminary plat.
RECOMMENDED ACTION
Approve resolution R-97-71.
City of Sebastian
,-. Development Order Application
APl;ltcaf~.jl/no~ owner. ,,m. it~ au~oC~tton (m~arlzed) h'om o~ter is
Nam~
A~:
7~ N.~TH ~. - S(~TT~ ~, ~EL~Y ~E~CH~ FLA. 33483
~ho~eN~m~ (5~1) 278-3t00 F~N~m~ (561) 278- 3199
Name:
LENNAR NORTHEAST PARTNERS
Addmss:
600 PEACHTREE STREET N.H.-SUITE 3500, ATLANTA, GA. 30308
PfloneNumCer:(~04) 874 .- -8~00 FAXNumber: (4'04)892 . ~DU
E-Mail:
Type of permit or action
'FINAL PLAT APPROVAL
Prc~ec~s Name fN app~;a~dm):
SEBASTIAN LAKES COMMONS
.$. Site Information
Adclress:
S ~-CCL~NV.R C~ ~TJ,~V~F~ ~AD A~D ~S~D RO~D
PT. OF T~CTS C & F & ~L T~CT E - SEBASTIAN ~KES PUD UNIT l
N/A
C. DescHpfian of propose4 ac~dty and purpas~ of ~ ~~ or a~on (~ch e~
PROPOSED 4.4 AC~ SITE TO BE DE,LOPED AS A RART OF THE
ne~): CO~RCIAL PORTION OF THE SEBASTI~ LAKES PUD DEVELOP~NT.
PROPOSED SITE TO CONSIST OF A W~G~ENS DRUGSTO~ WITH DRIVE-THRU,
FT~T ~T~ON~ ~K V%CILITY W~T~ DRIVE THRU, MEDICAL OFFICE BLDG.
OA~ REC~ED:~ /~/ ~ FEE PAID: $~*~ RECEIVED
F~ ~A~ PL~T
~: ~ Na~: ~
'1
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I' ' Add~' SOUTHE .R,.,.,.,.,.J~E~fELOP~T. ,$ERV/C~,$ - .,7I% _
I ' Pho~N~61 ) 278 ' 3100 F~Num~ (561) 278 3199
~-M~: ....... , ' '
,
I : ~~:.. .. ~ :..-~ _ . - . -. '"
~ TO~' RECICAR~ ESQ. - ~CICAR,& ST~RK/ P.~. .
-- .. 986 DOU~A~ AVE,-SUITE i~LTAMONTE Sp~TN~S, FL~, 327~.
_ P~neN~07 ) 788 '0250 - F~N~ (407)788 - 7244
I ~.~:. , ~ ~. ~ ...
· - '~~' ----'- -'~ -." ,- --:'-'
~ ' '~e: ' ' '' .......... ' '
, ~OSEPH W. ~YER, P.E.-BUSS~N-~YER ENGINEERING GROUP~
~ ~.e~m~(40~ 4ss :bolo ~"~(40~ } 4~4-- ssss ~' '
· ~'-' ,.,,:- - _ ,_... _ .... __
~ C~'TELOU/ HER~ ~.PO~LL, ZNC./BILL PO~LL~ P.L.S.
m ~ ~ " ' · ' ' ' '
i Ph~eN~~07 )2~9-- ' 1525 F~N~ (407)259 ' 4165
W~IS~SO~Y~TO~ORPR~UCED PERSON~Y ~Q~ _. *~
I
~0 ~e O~ NOTA~ PATRICI.~ ANNg WILSON
PATRIC~ ,N"~I E
My ~ ~1210
Expir~ Mar,
I
Tl~e follewing i~ r~qulnd for aU ¢omllrl~l,~flsivm plqn imfldmnts~ lloflial amendment
(includiug rezoning), s~te pL~, ~.onditlaa~ ~ 1terntits~ special uae permits, v~rt~n~es,
exceptions, and appea~.
~Q~O/C~iON O~ ~E CI~ ~ ~E~N (~E ~O~oe~CO~ON~ TO ~HYSI~y ~ UPON
[/~N~[ HER~'t' WAiVe. ANY OBJECTION OR O~"ENSE [/~I/E MAY HA'~. DUE TO TH~ QUAS~JU~C~AL N~TURE OF THE
PROC, F.F~H(~. I~.~ULTING FROM ANY ~D/COIdMI.~N IbF~.MBE~ ENTERING OR VIEWING THE P~PF. RTY, INCLUDING ANY
CLAN ~ ~ON THAT 1KY/OUR PROC~[DURAL OR $USSTANTNE DUE PROC..,~ PJC, HTS UNOER THO FLORt~A
CONSTTTU~ON OR ~ UNITED ~'ATES CONSTITUTION W~E ~OLA'I'ED ~ SUCH ENTF..RING OR ~IEWtNG.
THIS W~dl,~R ANO CONSENT [,S BGiNG ~GHED BY I,l~JS VOLUNTARILY AflO NOT AS A RESULT OF ANY C~E~CZON APPUEO. OR
Pt~OMlaE$ MA~, ~1' ~ E~IPLOYEE, A~. G'~Ki'RACT4~ OR OFFICIAL OF 71-~E
Sworn to ax1 subs~becl before me by
wino is ~ known to me or l~x~uced
as iden~ficaU~n, thL~ day of
Notary's Signature
Printed Name of Notary
Commissiofl NoJExpi~on
Seal:
SEE ATTACHED COPIES OF LETTERS
FILE AT CITY OF SEBASTIAN.
FROM OWNERS.
ORIGINALS ON
RI~ Name:
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Permit Al~tication No,
Supplemental Information
Planned Unit Development
Final Development Plan
Y:~$ 1. is the proposed fin~ deveJopment plan consistent w~ the preliminary
development plan? If not, describe how it is not consistent.
YES 2.
Is the proposed final development plan consistent with the sUbdivision or site
plan regulations? if not, which one(s)?
~ 3, Is the proposed final development plan in confon'nance with tile other
regulations, ordinances or statues? if not, which one(s)?
4, Attach the following:
_y_ a.. A final plat o~~x
X* b. A set of as-built plans of ail improvements witll a certificate of their
'--- Ioca~on by the applicant's engineer and the developer.
* TO BE SUBMITTED AT COMPLETION OF CONSTRUCTION
~ c. An engineers certification of Improvements.
* TO BE SUBMITTED AT (;OHPT,ETION O~ CONS~RUCTTON
~.,, d. Certificate of title or attorney's opinion (far plat).
* TO RS SUBMTTTED UNDER SEPAP, ATE CO'v'ER
**
e. Ce~ification of payment of taxes and assessments (for plat).
~ TO Rg SUB~TTTED UNDER SEPAAATE COVEA
iFurm C.~20~6
A~rcnm~:
PUD ~mai D~io~m~t Plan
Pem~t Application No. _
Supplemental Information
Final Plat Approval
m 1. The following information is required on ail final plats:
× a. Name of subdivision.
× b. T~le Block~
× c. Legal Description.
Index Sheet.
The final plat shall comply with Chapter 177, Florida Statutes, and shall
~ all lengths of arcs t~,~er with ten'a-al angles, radii, and points of
x f. Scale.
× g.
North arrow on every sheet, geas'ing or azimuth reference shall be
dearly stated on the face or first page of the plaL
× h. The point of beginning shall be boldly shown.
Ail intersecting street right-of-way shall be jo;ned by the long cord Of
minimum radius of twenty-~e fee~ and ail dimensions shown. ·,
All adjoining prope~ shall be identified by a subdivision title, plat book
and page or, if unplatte~ the [and shall be s designated..
~ k_ if the proposed, plat bo~ders upon any public water bodies, delineate the
mean high wa~-r tine.
~ I. Permanent m~ makers shall be show~.
~ m. in the upper fight hand com~, provide a three incfl by five inches space
to be used by the clerk of the circuit court for recording information.
x n. The plat shall be accurate with 0.01 foot and shall be tied accurately to
all township, range, and section lines.
X O,
On the cover sheet or ~ page show a vicinit~ sketch.
Lot an blocks shaft be nurnberad or lettered.
Rev'islam: I Fde Name: SaTnlMt
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.___2.
P~rmit A~li~tJon NO.
~ q. The plat shall contain the name of eac~ street shown.
~x_~ r. All right-of-way and easements widths and dimensions shall be shovm on
the ~at
Attached the following:
×, a. Six copies of the ~ plat. (Two sets must be sealed.>
~,* b. Three seal sets of as-built plans.
X* TO BE SUBMITTED AT COM~.LETION OF
CONSTRUCT ION
Revl~on: _ I File
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i j ~l 7
Ill
3 IV I~ 3
2O
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~) lQ I1 12
ROSELAND AC~E$
13
,4 I
SEBAS~AN LAKES
PUD-R
/
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Community Development Department
Final Planned Unit Development Approval Application
Staff Report
Project Name:
Sebastian Lakes Commons
Requested Action: Final Planned Unit Development Approval for Sebastian
Lakes Commons.
3. Project Location
a. Address:
b, Legal:
A part of Tract C, ali of Tract E, and part of Tract F,
Sebastian Lakes, Unit 1, as recorded in Plat Book 12,
Page 11, Public RecOrds of Indian River County, being
more particularly described as follows.
From the S.E. comer of Section 14, Township 31S.,
Range 38 E., Indian River County, Flodda, run North 48'
27' 57" West, a distance of 865.34 feet to the Northwest
comer of Tract C, of aforesaid plat of Sebastian Lakes,
Unit 1; thence South 37' 43' 45" West, along the
Southeasterly Right-of-Way line of County Road No. 512
(Fellsmere Road) a distance of 90.57 feet to the Point of
Beginning of the herein described parcel; thence run
South 52' 16' 15" East, along the new Southwesterly
Right-of-Way line of Roseland Road Extension, a distance
of 655.00 feet; thence South 53' 55' 00" West, a distance
of 161.40 feet; thence South 82' 19' 24" West, a distance
of 340.13 feet to a Permanent Reference Monument at
the Eastedymost comer of the Replat - Subdivision of
Tract C, Sebastian Lakes, Unit 1, as recorded in Plat Book
13, Page 1, Public Records of Indian River County;
thence Northwesterly along the Eastedy boundary of said
plat and along a curve which is concave Eastedy having a
radius of 750.00 feet, a central angle of 19' 57' 36", and
a chord beadng North 19' 46' 06" West, an arc distance
of 261.28 feet to a Permanent Reference Monument;
thence North 52' 15' 51" West, a distance of 31.00 feet;
thence South 73' 59' 26" West, a distance of 204.51 feet
to aforesaid Southeasterly Right-of-Way line of County
Road No. 512 (Fellsmere Road); thence North 37' 43' 45"
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So
East, along said Right-of-Way line a distance of 422.42
feet to the Point of Beginning.
Contains 4.414 acres, more or less.
c. Indian River County Parcel Number:
Project Owner:
Lennar N.E. Partners Limited Partnership
Lennar Partners Inc., Attn: Peter Hoelzle
Nations Bank Plaza
600 Peachtree Street, Suite 3500
Atlanta, Georgia 30308
(404) 874-81 O0
Project Agent:
Jim Zengage
Southern Development Services
75 N.E. 6th Avenue, Suite 214
Delray Beach, Flodda 33483
(561) 278-3100
Project Engineer:
joseph W. Mayer, P.E.
Bunnen-Mayer Engineering Group inc.
100 Parnell Street
Men'itt Island, Flodda 32953
(407) 453-0010
Project Attorney:
Tom Recicar, Esq.
Recicar & Stark P.A.
986 Douglas Avenue, Suite 100
Altamonte Spdngs, Florida 32714
(407) 788-0250
Project Description
Narrative of proposed action: Final Planned Unit Development
Plan Approval for a commercial tract of Sebastian Lakes PUD. This 4.41
acre site is for the proposed development of a 3 phase commercial
project as a part of the Sebastian Lakes PUD. Phase 1 consists of a
13,833 SF Walgreens drug store facility. Phase 2 consists of a 3,151 SF
First National Bank; phases 1 and 2 received preliminary and site plan
approval on 9-17-97. Phase 3 is concurrently being submitted for a
2,700 SF medical office building, all with associated parking, utilities and
landscaping.
The preliminary development plan has been submitted in accordance
with the Land Development Code Section 20A-4.10(A):
2
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The approval of a conceptual development plan by the city council shall
constitute authority of the applicant to submit a preliminary development
plan. The preliminary development plan shall be filed, processed and
reviewed pursuant to this section:
Filing preliminary development plan. No
preliminary development plan shall be filed unless
it has been prepared on the basis of a duly
approved conceptual development plan. The
preliminary development plan shall be submitted
within the requisite time limit, as established at
conceptual development plan approval or as may
be extended by council action.
The conceptual development plan was approved on 6-30-97. That gave
the applicant tentative approval and the authority to move forward with
the submittal of a preliminary development plan. Additionally, all of the
comments and recommendations made by staff on the conceptual
development plan have been addressed in the preliminary development
plan.
The preliminary development plan is also in accordance with the
Developer's Agreement Relating to Sebastian Lakes dated 2-4-96 The
uses permitted by the agreement are as follows:
Uses Permitted. The present comprehensive p/an
land use and zoning designation of the Property permit
the Property to be developed with 17.57 acres of
commercial use (/ess the acreage dedicated or required
to be dedicated for right-of-way) and 284 additional
residential units on 35.5 acres.
3. Approvals Received and Required.
a. The property has received the following approvals.
(1)
The necessary comprehensive plan land
use approval and zoning approvals to
permit the property to be developed with
the Permitted Uses.
The property is included within a plat
entitled the Sebastian Lakes, Unit I Plat,
which is recorded in Plat Book 12, Page
1 f-A of the Public Records of Indian River
County.
Conceptual approval for the Sebastian
Lakes PUD.
Before the Property may be developed with the
Permitted Uses, the developer of such uses shall
be required to obtain the following additional
approvals from the City:
Tracts G and G-1 require final development
approval and building permits;
The remainder of the Property requires
preliminary and final development plan
approval and building permit.
Phases 1 & 2 of the 4.41 commercial tract received preliminary
development and site plan approval on 9-17-97 as set forth in the
odginai Developer's Agreement.
Total impervious area is 100,763 SF = 52%, and pervious area is 91,508 = 48%.
The commercial tract (4 parcels) does not have any open space requirments
provided the entire 54.15 acres within the development contains 50% open
space. According to the Land Development Code Section 20A-4.5(C)2:
Open space and permeable area: A minimum of fifty (50) percent
of the lot shall be maintained as permeable open space; provided
that a minimum of thirty (30) percent of each residential lot must
be maintained as permeable area.
When calculating the entire 54.15 acres, the total open space is 36.229 acres =
66.9%. Therefore, the proposed development meets the overall open space
requirement of 50%.
b. Current Zoning: PUD-R
9. Final PUD criteria
Compliance with preliminary development plan provided
Compliance with subdivision regulations
Compliance with final PUD plan requirements
1. Preparation by professional
provided
2. Scale provided
3. Compliance provided
4. Name provided - Sebastian Lakes Commons
provided
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10.
6.
7.
8.
9.
10.
11.
12,
13.
14.
15.
16.
Contents of Final Plat:
a=
Legal Description provided
Adjacent subdivision rights-of-way
Plat boundaries provided
Bearings and monuments provided
Plat delineation provided
Lot and Block Numbers provided
Dedications provided
Lot and parcel dimensions and area
Seal by land ~urveyor provided
none
provided
Acknowledgment by plat adoption and dedication provided
As built plan To be provided at completion of construction.
Engineer's certification of improvements To be provided at
, completion of construction.
17. Certification of title or attorney's opinion To be provided at
completion of construction.
18. Certification of payment of taxes and assessments. To be
submitted at completion of construction.
19. Certification of preliminary development plan To be
completed by building official at completion of construction.
20, Verification of final PUD plat To be completed by building
official at completion of construction.
Compliance with other regulations, ordinances, and statutes
Name of Subdivision: provided - Sebastian Lakes Commons
Title block: provided
Legal description: provided
Index sheet: provided
5
e. Required Survey Data:
I. scale: provided
, ii. north arrow, bearing or azimuth: provided
iii. point of beginning provided
iv. 25" radius at intersections provided
v. adjoining property: provided
vi. permanent reference monuments provided
vii. space reserved for use by clerk of the circuit court provided
viii. mathematically close within 0.01 foot provided
ix. vicinity sketch provided
f. Lot and Block identification: provided
g. Street Names: provided
h. Not-included parcels: none
I. Right-of-ways and easements: provided
j. Restrictions, reservations and restrictive covenants: provided
k. Private street and related facilities: · provided
I. Certification and approvals:
I. dedication~ provided
ii. mortgagee s consent and approval provided
iii. certification of surveyor provided
iv. city engineer provided
v. city attorney provided
vi. mayor and city clerk provided
vii. certification of title provided
viii. · instrument prepared by provided
m. Existing or recorded streets: provided
11. Timing of improvements and/or posting of surety: N/A
12. Schedule of development phases: provided
13. Time restriction on development provided
14. Submission of final plat:
a. statement indicating when improvements will be made N/A
b. fee paid provided 6
check for recording plat with the clerk of the circuit court provided
copy of homeowner's association or condominium documents N/A
15.
16.
17.
e. construction of improvements after approval
I. contract N/A
ii. guarantees N/A
City Engineer's review: City Engineer's comments are as follows:
The site arrangements and layouts are consistent with those submitted
eadier for the Walgreens and Bank site plan. The only comment form
this office is regarding the adjacent stormwater pond. It is erroding and is
cuffing in very close to the sidewalk along Roseland Road. The
developer should regrade the pond to improve the slope here and
stabilize the bank to eliminate erosion.
City Attomey's review:
Other Matters: Total impervious area is 100,763 SF = 52%, and pervious
area is 91,508 = 48%. The commercial tract (4 parcels) does not have any open
space requirments provided the entire 54.15 acres within the development
contains 50% open space. According to the Land Development Code Section
20A-4.5(C)2:
Open space and permeable area: A minimum of fifty (50) percent
of the lot shall be maintained as permeable open space; provided
that a minimum of thirty (30) percent of each residential lot must
be maintained as permeable area.
18.
19.
When calculating the entire 54.15 acres, the total open space is 36.229 acres =
66.9%. Therefore, the proposed development meets the overall open space
requirement of 50%.
Analysis: Final Planned Unit Development Plan Approval for a commercial
tract of Sebastian Lakes PUD. This 4.41 acre site is for the proposed
development of a 3 phase commercial project as a part of the Sebastian Lakes
PUD. Phase 1 consists of a 13,833 SF Walgreens drug store facility. Phase 2
consists of a 3,151 SF First National Bank; phases 1 and 2 received preliminary
and site plan approval on 9-17-97. Phase 3 is concurrently being submitted for
a 2,700 SF medical office building, all with associated parking, utilities and
landscaping.
Conclusion: The proposed development is consistent with the Land
Development Code, Comprehensive Plan, Code of Ordinances, Conceptual and
Preliminary Developments Plans and the Developer's Agreement.
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20.
Recommendation: The staff recommends that the Planning and Zoning
Commission adopt this staff report and recommend to the City Council approval
of the Final Planned Unit Development Plan for Sebastian Lakes Commons.
DATE
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Community Development Department
Final Plat Approval Application - Staff Report
Project Name:
Sebastian Lakes Commons
Requested Action: Final Plat Approval for Sebastian Lakes Commons,
Project Location
Address:
b, Legal:
A part of Tract C, all of Tract E, and part of Tract F,
Sebastian Lakes, Unit 1, as recorded in Plat Book 12,
Page 11, Public Records of Indian River County, being
more particularly described as follows.
From the S.E. comer of Section 14, Township 31S.,
Range 38 E., Indian River County, Flodda, run North 48'
27' 57' West, a distance of 865.34 feet to the Northwest
comer of Tract C, of aforesaid plat of Sebastian Lakes,
Unit 1; thence South 37' 43' 45~ West, along the
Southeasterly Right-of-Way line of County Road No. 512
(Fellsmere Road) a distance of 90.57 feet to the Point of
Beginning of the herein described parcel; thence run
South 52' 16' 15" East, along the new Southwesterly
Right-of-Way line of Roseland Road Extension, a distance
of 655.00 feet; thence South 53' 55' 00" West, a distance
of 161.40 feet; thence South 82' 19' 24' West, a distance
of 340.13 feet to a Permanent Reference Monument at
the Easterlymost comer of the Replat - Subdivision of
Tract C, Sebastian Lakes, Unit 1, as recorded in Plat Book
13, Page 1, Public Records of Indian River County;
thence Northwesterly along the Easterly boundary of said
plat and along a curve which is concave Easterly having a
radius of 750.00 feet, a central angle of 19' 57' 36", and
a chord beadng North 19' 46' 06" West, an arc distance
of 261.28 feet to a Permanent Reference Monument;
thence North 52' 15' 51" West, a distance of 31.00 feet;
thence South 73' 59' 26" West, a distance of 204.51 feet
to aforesaid Southeasterly Right-of-Way line of County
Road No. 512 (Fetlsmere Road); thence North 37' 43' 45"
East, along said Right-of-Way line a distance of 422.42
feet to the Point of Beginning.
Co
Contains 4.414 acres, more or less.
Indian River County Parcel Number:
Project Owner:
Project Agent:
Project Engineer:
Project Attorney:
Lennar N.E. Partners Limited Partnership
Lennar Partners Inc., Attn: Peter Hoelzle
Nations Bank Plaza
600 Peachtree Street, Suite 3500
Atlanta, Georgia 30308
(404) 874-8100
Jim Zengage
Southern Development ,Services
75 N.E. 6th Avenue, Suite 214
Delray Beach, Florida 33483
(561) 278-3100
Joseph W. Mayer, P.E.
Bunnen-Mayer Engineering Group Inc.
100 Parnell Street
Merritt Island, Flodda 32953
(407) 453-0010
Tom Recicar, Esq..
Recicar & Stark P.A.
986 Douglas Avenue, Suite 100
Alamonte Springs,'Fiorida 32714
(407) 7880250
o
Project Description
Narrative of proposed action: Final Planned Unit Development
Plan Approval for a commercial tract of Sebastian Lakes PUD. This 4.41
acre site is for the proposed development of a 3 phase commercial
project as a part of the Sebastian Lakes PUD. Phase 1 consists of a
13,833 SF Waigreens drug store facility. Phase 2 consists of a 3,151 SF
First National Bank; phases I and 2 received preliminary and site plan
approval on 9-17-97. Phase 3 is concurrently being submitted for a
2,700 SF medical office building, all with associated parking, utilities and
landscaping.
The preliminary development plan has been submitted in accordance
with the Land Development Code Section 20A-4.10(A):
The approval of a conceptual development plan by the city council shall
constitute authority of the applicant to submit a preliminary development
plan. The preliminary development plan shall be filed, processed and
reviewed pursuant to this section:
2
Filing preliminary development plan. No
preliminary development plan shaft be filed unless
it has been prepared on the basis of a duly
approved conceptual development plan. The
preliminary development plan shall be submitted
within the requisite time limit, as established at
conceptual development plan approval or as may
be extended by council action.
The conceptual development plan was approved on 6-30-97. That gave
the applicant tentative approval and the authority to move fox,yard with
the submittal of a preliminary development plan. Additionally, all of the
comments and recommendations made by staff on the conceptual
development plan have been addressed in the preliminary development
plan.
The preliminary development plan is also in accordance with the
Developer's Agreement Relating to Sebastian Lakes dated 2-4-96 The
uses permitted by the agreement are as follows:
Uses Permitted. The present comprehensive plan
land use and zoning designation of the Property permit
the Property to be developed with 17.57 acres of
commercial use (less the acreage dedicated or required
to be dedicated for right-of-way) and 284 additional
residential units on 35.5 acres.
3. Approvals Received and Required.
a. The property has received the following approvals.
(1)
The necessary comprehensive plan land
use approval and zoning approvals to
permit the property to be developed with
the Permitted Uses.
(2) The property is included within a plat
entitled the Sebastian Lakes, Unit 1 Plat,
which is recorded in Plat Book 12, Page
11-A of the Public Records of Indian River
County.
(3) Conceptual approval for the Sebastian
Lakes PUD.
bo
Before the Property may be developed with the
Permitted Uses, the developer of such uses shaft
be required to obtain the following additional
approvals from the City:
3
(1)
Tracts G and G-1 require final development
approval and building permits;
The remainder of the Property requires
preliminary and final development plan
approval and building permit.
Phases 1 & 2 of the 4.41 commercial tract received preliminary
development and site plan approval on 9-17-97 as set forth in the
odginal Developer's Agreement.
Total impervious area is 100,763 SF = 52%, and pervious area is 91,508 = 48%.
The commercial tract (4 parcels) does not have any open space raquirments
provided the entire 54.15 acres within the development contains 50% open
space. According to the Land Development Code Section 20A-4.5(C)2:
Open space and permeable area: A minimum of filly (50) percent
of the lot shall be maintained as permeable open space; provided
that a minimum of thirty (30) percent of each residential lot must
be maintained as permeable area.
When calculating the entire 54.15 acres, the total open space is 36.229 acres =.
66.9%. Therefore, the proposed development meets the overall open space
requirement of 50%.
b=
Current Zoning: PUD-R
Adjacent Properties
Zoning
Current Land Use
Future Land Use
North: RS-10 Residential/Vacant LD
East: RS-10 Residential LD
PUD-R Winn-Dixie CG
South: RS-10 Residential/Vacant LD
RE-40 ResidentialNacant LD
West: PUD-R CR-512 CR-512
RS-10 Residential/Vacant LD
Site Characteristics
(1) Total Acreage: 4.41 acres
(2) Current Land Use(s):
Vacant
(3) Soil: Winder
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10.
(4) Vegetation:
(5) Flood Hazard:
(6) Water Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
Comprehensive Plan Consistency
a. Future Land Use:
b. Traffic CircuHation:
c. Housing:
d. Public Facilities:
e. Coastal Management:
f. Conservation:
g. Recreation and Open Space:
Contents of Final Plat:
a. Name of Subdivision:
b. Title block:
c. Legal description:
d. Index sheet:
e. Required Survey Data:
ii.
iii.
iv.
V.
vi.
vii.
VIII.
Cleared
Zone X
Indian River County Utilities
Indian River County Utilities
Barber Street Sportsplex .5 miles
Indian River Fire .5 miles
Consistent
Consistent
Consistent
Consistent
Consistent
Consistent
Consistent
provided - Sebastian Lakes Commons
provided
scale: provided
north an'ow, bearing or azimuth: provided
point of beginning: provided
25" radius at intersections: provided
adjoining property: provided
permanent reference monuments: provided
space reserved for use by clerk of the circuit court: provided
mathematically close within 0.01 foot provided
5
11.
12.
13.
14.
f.
g.
h.
I.
j.
k.
I.
ix. vicinity sketch
provided
Lot and Block identification:
provided
Street Names: N/A
Not-included parcels: none
Right-of-ways and easements: provided
Restrictions, reservations and restrictive covenants: none
Private street and related facilities: N/A
Certification and approvals:
Lii.
iii.
iv.
V.
vi.
vii.
viii.
dedications provided
mortgagee's consent and approval provided
certification of surveyor provided
city engineer provided
city attorney provided
mayor and city clerk provided
certification of title provided
instrument prepared by provided
m. Existing or recorded streets: provided
Timing of improvements and/or posting of surety:
Schedule of development phases: provided
Time restriction on development provided
Submission of final plat:
N/A
statement indicating when improvements will be made N/A
fee paid yes
check for recording plat with the clerk of the circuit court provided
copy of homeowner's association or condominium documents N/A
construction of improvements after approval
I. contract N/A
ii. guarantees N/A
6
15.
16.
17.
18.
City Engineer's review: City Engineer's comments are as follows:
The site arrangements and layouts are consistent with those submitted
earlier for the Walgreens and Bank site plan. The only comment form
this office is regarding the adjacent stormwater pond. It is en'oding and is
cutting in very close to the sidewalk along Roseland Road. The
developer should regrade the pond to improve the slope here and
stabilize the bank to eliminate erosion.
City Attorney's review:
Other Matters: Total impervious area is 100,763 SF = 52%, and pervious
area is 91,508 = 48%. The commercial tract (4 parcels) does not have any open
space requirments provided the entire 54.15 acres within the development
contains 50% open space. According to the Land Development Code Section
20A-4.5(C)2:
Open space and permeable area: A minimum of fifty (50) percent
of the lot shall be maintained as permeable open space; provided
that a minimum of thirty (30) percent of each residential lot must
be maintained as permeable area.
When calculating the entire 54.15 acres, the total open space is 36.229 acres =
66.9%. Therefore, the proposed development meets the overall open space
requirement of 50%.
Analysis: Final Plat Approval for a commercial tract of Sebastian Lakes
PUD. This 4.41 acre site is for the proposed development of a 3 phase
commercial project as a part of the Sebastian Lakes PUD. Phase 1 consists of
a 13,833 SF Walgreens drug store facility. Phase 2 consists of a 3,151 SF First
National Bank; phases 1 and 2 received preliminary and site plan approval on 9-
17-97. Phase 3 is concurrently being submitted for a 2,700 SF medical office
building, all with associated parking, utilities and landscaping.
19.
Conclusion: The proposed development is consistent with the Land
Development Code, Comprehensive Plan, Code of Ordinances, Conceptual and
Preliminary Development Plans and the Developer's Agreement.
20.
Recommendation: The staff recommends the Planning and Zoning
Commission adopt this staff report and recommend to the City Council approval
of the Final Plat for Sebastian Lakes Commons.
7
DATE
RESOLUTION NO. R-97-71
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING THE FINAL DEVELOPMENT
PLAN AND FINAL PLAT FOR A PUD KNOWN AS SEBASTIAN
LAKES COMMONS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITII; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Southern Development Services has applied for approval of a final
development plan and final plat for the commercial center known as Sebastian Lakes
Commons, and
WltEREAS, the City Council of the City of Sebastian approved the conceptual
development plan for Sebastian Lakes on June 11, 1984 and December 7, 1988, and
WHEREAS, the City Council has entered into a developers agreement relating to
Sebastian Lakes dated February 9, 1994, and
WltE~REAS, the City Council approved the preliminary development plan and
preliminary plat for the commercial center known as Sebastian Lakes Commons on
September 17, 1997
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDiAN RIVER COUNTY, FLORIDA, that:
Section 1. FINAL DEVELOPMENT PLAN AND FINAL PLAT
APPROVAL. The final development plan and final plat for a commercial center known
as Sebastian Lakes Commons, as prepared by William E. PoweR, Professional Surveyor
and Mapper, with Cantelou, Hen'era & Powell, Inc., September 26, 1997, is approved.
Section 2.
hereby repealed.
CONFLICT. All resolutions or parts of resolutions in conflict are
Section 3. EFFECTIVE DATE.
immediately upon final passage.
This Resolution shall take effect
The foregoing Resolution
was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
day of
Mayor Walter W. Barnes
Vice-Mayor Richard J. Taracka
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Resolution duly passed and adopted this __
,1997.
CITY OF SEBASTIAN, FLORIDA
By:
Walter W. Barnes, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valefie Settles
City Attorney
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
City of Sebastian, Florida
Subject: Resolution R-97-72 Agenda No. 7~- 2.0 /
Approved for Submittal by: City Manager
Department Origin: Public Works
Date Submitted: 10/14/97
Exhibits: R-97-72
EXPENDITURE
REQUIRED: N/A
For Agenda of.' 10/22/97
rAMOUNT BUDGETED:
IN/A
APPROPRIATION
REQUIRED: N/A
SU1WMARY
On September 3, 1997 the Sebastian City Council passed Resolution R-97-49 Creating a
Recreational Advisory Committee for the purpose of establishing the function, role and final
make-up of a permanent Recreational Advisory Board.
The Public Works Department and the Community Development Department staff facilitated two
meetings of the Committee to develop the attached resolution. The Temporary Committee met on
Friday, October 3rd and Monday, October 13, 1997 and recommend the approval ofR-97-72.
RECOMMENDATION
Move to accept recommendation of Temporary Recreation Committee and approve Resolution R-
97-72 creating a permanent Recreational Advisory Board.
RESOLUTION NO. R-97-72
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING THE SEBASTIAN
RECREATIONAL ADVISORY BOARD; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS;
CONFLICTS; AND PROVID~G FOR AN EFFECTIVE DATE.
Wltl~REAS, The City Council desires to establish a recreational advisory board
to provide recommendations on the development of recreational facilities and the creation
or expansion of recreational programs and to promote cooperation and coordination
between the various recreational interests, Indian River County and the City; and
WItEREAS, The City established the Sebastian Recreation AdviSory Committee
to provide recommendations to the City Council on developing the purpose and role of
such a Advisory Board; and . 'i . .
WltEREAS, The Sebastian Recreati6n"Advis0ry 'cOmmittee has prepared the
recommendations contained in this resolution,
NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF
TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOIRDA, as follows:
SECTiON 1. ESTABLiSItMENT OF TRE CITY OF SEBASTIAN
RECREATIONAL ADVISORY BOARD: The City Council of the City of Sebastian,
hereby establishes the Sebastian Recreational Advisory Board.
SECTION 2. PURPOSE AND RESPONSI]IlLIlIES:
Purpose. The Sebastian Recreational Advisory Board shall provide
recommendations on the development of recreational facilities and the creation and
expansion of recreational programs, evaluate proposed recreational requests, and
promote cooperation and coordination between the various recreational interests,
the City and the County.
B. Responsibilities. The Sebastian Recreational Advisory Board shall:
Prepare an annual work program outlining the activities of the Advisory
Board for the following fiscal year. The proposed work plan shall be
presented to the City Council for approval by July 1 of each year. The
work plan may include:
The preparation of policy recommendations to the City Council.
Studies of existing City and County facilities and programs.
The development of short and long range plans for facilities,
programs, and land acquisition.
The evaluation of recreational facility and program requests.
Promote and develop cooperation and coordination between the City,
Indian River County and the Indian River County School Board.
3. Encourage public input and participation.
4. Conduct studies as requested by the City Council.
Prepare recommendations regarding city and county recreational facilities
and programs. Such recommendation shall be forward to the City Manager
for distribution to the City or to Indian River County.
SECTION 3. ORGANIZATIONAL STRUCTURE:
Members. The Sebastian Recreational Advisory Board shall consist of nine regular
members and two alternate members, all of whom are residents of the City of
Sebastian. All members shall be appointed by the City Council and the Advisory
Board shall consist, whenever possible, of the following:
The president or his designee of the Sebastian Pdver Area Little League,
Inc.
The president or his desi_maee of the Sebastian Panthers, Inc.
The president or his designee of the Sebastian Area Soccer Association,
4. The
5. The
6. The
7. The
8.
president or his designee of the Sebastian Olds Boys
president or his designee of the Friendly Tennis Group
president or his designee of the Sebastian River Art Club
president or his desi~ee of the Craft Club of Sebastian
The City of Sebastian's appointed member of the Indian River County
Parks and Recreation Advisory Board.
Officers. The Advisory Board shall elect a chairman and vice-chairman.
...&
Procedures. The Advisory Board shall adopt rules of procedures.
Meetings. The meetings shall be at the call of the chairman, vice chairman or as
established by a majority of the Board at a meeting of the Board.
E. Subcommittees. The Advisory Board may form subcommittees.
SECTION 4. STAFF SUPPORT. The Public Works Department shall provide
staff support to the Sebastian Recreational Advisory Board.
SECTION 5. CONFLICTS: All Resolutions or parts thereof in conflict herewith
are, to the extent of such conflict, superseded and repealed.
SECTION 6. EFFECTIVE DATE:
immediately upon its adoption.
This Resolution shall take effect
The foregoing
Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Richard Taracka
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Resolution duly passed and adopted this __
day of ' ,1997
City of Sebastian, Florida
By:
Walter Barnes, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
(Seal)
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
City of Sebastian, Florida
Subject: Various Culvert Replacements Agenda No. ~
Approved for Submittal by: City Manager
Department Origin: Public Works
Date Submitted: 10/15/97
For Agenda of.- 10/22/97
Exhibits: Exhibit 1 Proposed Culvert Replacements
EXPENDITURE
KEQUIRED: N/A
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED: N/A
S~Y
Culvert replacements that were approved by the City Council on June 25, 1997 are nearing
completion. The Department of Public Works wishes to seek Council approval for culvert
replacements that are to be completed during the first quarter of FY98. The culverts to' be
replaced are identified in the Craven Thompson & Assoc. report dated 5/18/97. Culvert
replacements are to be performed under the Annual Culvert Replacement Program contracted
with C.R. McLellan, Inc. The Annual Culvert Replacement Contract was awarded on a unit
pricing basis ie, units of material, labor, and equipment cost. Actual projects are done via a change
order using the unit pricing specified in the contract.
RECOMMENDATION
Move to authorize the City Manager to execute change orders not to exceed $124,393.75 to C.R,
McLellan, Inc. for Culvert Replacements.
Location
21
16
8
26
12
5
15
EXmBIT 1
PROPOSED CULVERT REPLACEMENTS
1sT QUARTER FY 98
PERI1VfETER CULVERT REPLACEMENTS
Description
Change Order
#
Joyhaven (~ Periwln~le 9
Arbor St. ~ Georgia Blvd. . 10
Lake Dr., West of Fleming " 1 !
So. W'unbrow (~ Harp 12
Balboa ~ Del Monte 13
Periwinkle ~ Picasso 14
F'dbert ~ Larehmont 15
TOTAL CUL~RT REPLACEMENTS
SIDE YARD CULVERTS
Description
Beard SL, Lot 4 & 3, Block 136
La~ '2 Lot I 1 & 12, Block 372
Main St, Lot 7 & 8, Block 75
TOTAL SIDE YARD cuLVERTS
Change Order
#
16
17
r
18
TOTAL PROJECT
Cost
$22,533.25
$9,825.75
$16~372.50
$18,329.75
$10,671.75_
$12,026.25
$10,245.75
$100?005.00
Cost
$6;793.75
$I0,118.75
$7~476.25
$24~aa.75
$124,393.75
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City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 ~ FAX (561) 589-5570
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City of Sebastian, Florida
Subject: Dempsey/Vocelle Drainage Agenda NO. qT./~(~
Impro,ements, Change Order for
Engineering Fees Department O~.gin: Public ~rk~
Pat Brennan, Director ,/~//-:-~
Approved.gg~ Submittal~y~ity Manager
~ ~_XJ.(~~ate Submitted: 10/15/97
For Agenda of: 10/22/97
Exhibits: CTA Letter, dated September 17, 1997 (Revised October 8, 1997)
EXpENorrtmE
. REQUIRED: $13,130
AMOUNT BUDGETED:
FY98 $190,000
SUMMARY
APPROPRIATION
REQUIRED: N/A
Dempsey/Vocelle Drainagement Improvements are, or will be soon, under construction. CTA
is responsible for managing and inspecting the construction as defined in Supplemental
Agreement//8. The purchase order with CrA (PO 1520) for Dempsey/Vocelle is for $49,500
which included design, permitting, and construction management, but did not account for the
expenses that were to be reimbursed by the city.
Seven months of construction coordination were originally estimated. Because the scope of the
project was increased and an addendum to the bid documents were prepared, delays in bidding
and increased construction time will necessitate an increase in engineering fees for construction
coordination. Aa additional four months is estimated to bring the project to completion. This
change amounts to $12,000 additional to be added to the purchase order.
As defined in the Supplemental Agreement, expenses on the project include copy charges for
documents and blueprints, mailing, and mapping costs plus 10% handling are to be reimbursed
by the City. Those expenses need to be added to the original purchase order. A not to exceed
amount of $1,130 is to be added to the purchase order.
.RECOMMENDATION
Move to approve the increase of $13,130 to CTA's Supplemental Agreement #8 and Purchase
Order 1520.
CRAVEN THOMPSON & ASSOCIATES, INC.
Engineers
Planners
Surveyors
2770 Indian River Boulevard, Suite 203
Vero Beach, Florida .~2960
Telephone: (561) 778-3002
Telefax: (561) 778-3000~
September 17, 1997 (revised and reissued October 8, 1997)
Ms. Martha Campbell, P.E., City Engineer
City of Sebastian
1225 Main Street
Sebastian, F1 32958
RE: City-CTA Contract Supplemental Agreement No. 8
Dempsey Vocelle Drainage Improvements
Dear Ms. Campbell,
As you know, this firm was contracted under Supplemental Agreement No.8 (copy attached) to provide
construction phase services (including bid and contract document preparation, bidding, and construction
contract administration) for the Dempsey Voeelle Drainage Improvements. The work for this part of the project
began in May, 1997.
The project was originally planned in phases, in order to suit the FY '96-'97 budget. During the bid process it
was determined that additional funding would be budgeted in FY '97-'98, so that the entire project could be
completed under one contract. This decision increased the bidding schedule from 2 to 4 months to allow time to
prepare the addenda and allow time for bidders to review changes and submit their bids.
Supplemental Agreement No. 8 anticipated a seven month bidding and construction period, and set forth a
monthly fee for that period. Due to the additional bidding time and the increased time to complete construction
it now is evident that the seven month allocation will need to be increased to 11 months. Allowing for close-out,
etc., we expect that the total additional time for construction administration would be four months, maximum.
Obviously, if the contractor is finished sooner, then our administration contract would terminate. We therefore
request a four month extension to Task No. 4, "Bidding Assistance and Construction Contract'3,dministration".
In addition, we request that an additional reimbursable expense allowance of $300 be added to the total charges
to date for additional blueprints, photographs, etc.(no budget set budget was made, prior) Telephone, mileage,
and other miscellaneous costs are, as usual, at our expense.
Thank you,
Sinc. erely,
C][~ THO .MP~SON & ASSOCIATES, INC.
I ce President
[ Registered~Engineer 17002
ida
\\VT~.O-SERVER~c~erve~Cledcalk199~g!f0091~LE'l=rERS~Letlev~?,doe.~Vl~O $~l~V~°~a'~w~ic.a~O'~91\! eTT~a~$~.~'I,~o,' 10/01~d97tnt~m~ 9:52 AMII~I..d~M
Subject: Bench
Lions Club of Sebastian.
City of Sebastian, Florida
advertising by Sebastian Agenda No.
Department Origin: City Manager
Date Submitted: October 16, 1997
Approved for Submittal by: City Manager
'Exhibits:
Copy of Letter from Richard Bamhill, Treasure Coast Bench Advertising
Proposed Bench Locations
Draft Resolution to approve the Advertising Benches
· Copy of Chapter 337.408 F.S.
° Memo from Community Development
EXPENDITURE REQUIRED: [ AMOUNT BUDGETED:
n/a [ n/a
For Agenda of: October 22,1997
IAPPROPRIATION REQUIRED:
fda
SUMMARY STATEMENT
The Sebastian Lions would like to obtain approval for Treasure Coast Bench Advertising to place
advertising benches at various locations within the City's right-of-way. While the request would
comply with the Florida Statutes, it appears that a modification to the City's Land Development
Code would be necessary based on a memo from Community Development.
I would like to get direction from the City Council as to whether the Council has any interests in
allowing such a use and whether the Council is prepared to direct staff to modify the Land
Development Code.
RECOMMENDED ACTION
Provide staff with direction on the matter of bench advertising and whether the Council desires to
amend the Land Development Code to provide for such advertising.
TREASURE COAST BENCH ADVERTISING
Toll Free Pager
(888) 969-0855
June 50th 1997
P.O. Box 13026
Ft. Pierce. FL 34979-3026
City Manager,Mr. Tom Frame
City of Sebastian
Sebastian,Fla.
Dear Mt. Frame,
Attached hereto are three pages of suggested locations for the Lions Club
bench project.
We have viewed all of the locations as public convenience, school bus stops,
Community Coach stops, and each location meets the Florid State road department
rules and regulations.
The locations on page one are in the business areas along Route U S 1.
With the permission from the City, any bench stalled in this. area would be
subject to removal when the River Front developement starts their program.
All advertising sold in this area would have to be on a month to month basis
and relocated if possible to another location upon notice by the City.
Locations on Page two and three also meet all standards as.outlined above.
We are looking forward to establishing a worthwhile project For the City,
Merchants to advertise their location and a public service.
Sincerely,
Copies; Sebastian Lions Club
Robert j Massarelli
Dir of Comm. Developement
tab/bm
Richard A Barnhill
'TREASURE COAST BENCH ADVERTISING
P.O. Box 13026 Toll Free Pager
Ft. Pierce, FL 34979-3026 (888) 969-0855
Page one
U S 1--Eastside Front of B J's Restaurant
Eastside Harrision St. N E Ct.
Route S12 at light S E Ct.
Cleveland St N E Cr fr of Dunkin Donuts
900 Block Eastside front of Pawn Shop
Washington St. N E or S E Cr Front Washington Plaza
~ain street S E Cr. (would replace broken bench)
Jefferson St. S E Cr front of Museum
Truman St S E Cr front of bank
East side 1S70 Block S E Ct. front Oyster Bay
N Central Ave. S E Cr front Capt Hirams
Davis St. S E Cr.
Jackson Street S E CR. front KFC
U S 1-Westside Jackson St N W Cr.
Davis Street N W or S W Ct.
Truman Street N W Cr.
Jefferson Street N W Ct.
Main Street N W Cr.
Martin Street N W Ct.
CR 512 S W Cr.
now existing Sign Company
Page i
TREASURE COAST BENCH ADVERTISING
P,O. Box 13026 Toll Free Pager
Ft. Pierce, FL 34979-3026 (888) 969-0855
Page two
C R S12--High Street N N or S E Cr.
Louisana Ave. N NCr front V F N
S Nimbrow Drive S E Ct.
Northside 300 Block front of Italian American Club
Southside 281 Block front of Quality Carpet
N N Entrance to Sebastian Elem School
S E Cr. Ent to Sebastian Elem SchOol
Delaware Ave. N E Cr. or S W Cr,
Easy Street-N E or S Ncr
Nimbrow Drive N N or S E Cr.
Fleeming St. N E Cr or, S NCr
Crosswalk at light
Crosswalk at light
Crosswalk at light
Crosswalk at light
Laconia Street S E Cr Community Bus stop
Barber St S ~ or N E cr at light
Barber St-Westside S W cr Ent to sports Comples
Tulip Drive S N Ct, Opposite Fire Station
Caravan St S ~ or N E Cr at crosswalk
Concha Drive S E Cr
Periwinkle Dr S W Ct.
Skyline Lane S NCr.
Adams St N E Ct.
Nebraska Cir S E Ct.
Schumand Drive N E Cr or S W Cr Preschool Cross Nalk
Joyhaven Dr N E Cr
Caravan St N E Cr.
Push button
I! !!
!! !!
'TREASURE
II I Ill II I I
P.O. Box 13026
Ft. Pierce, FL 34979-3026
COAST BENCH ADVERTISING
Toll Free Pager
Page three (888) 969-0855
Barber St-Breakwater Drive N f Cr.
Dominean Drive N f Cr
Schumund DR- Pelican Island Place N E Ct.
Barber St- Fellesmere Road S E Cr. a light
Fellesmere Road N ~ Cr at light
Layport Drive N f Cr.
~imbrow Dr S ~ Ct.
Jay St - Lake Drive S f Cr.
Lake Drive-Flemming S ~ Cr.
School crossing
crosswalk
crosswalk
at Comm Coach Bus stop
Bus Stop
- Easy Street S W Cr. at stop sign
Main St -Louisiana N W cr Front of Church
Gibson N W Ct. City Hall
South- side S E CR Front of Post Office
Bob Circle Northside
Airport Drive N E Ct.
RESOLUTION NO.:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF $ ~'M~ $~"/,q/~ , FLORIDA,
AUTHORIZING AND DIRECTING TIlE MAYOR AND CITY CLERK TO EXECUTE ON
BEHALF OF SAiD CITY THAT CERTAIN PR,OPOSAL BY TREASURE COAST BENCH
ADVERTISING AND THE ~.~,~_q]l%N ~1~ ~o D RELATIVE TO BUS BENCHES; AND
FOR OTHER PURPOSES.
~ow, ~o~, ~.A~r~ rr ~s m~,¥ ~so~w~ ~¥ ~-~ crr¥ co~c,, o~~
CITY OF $6~,~ ~'[~ i% lq , FLORIDA.
SECTION 1: That the Mayor and City Clerk are hereby authorized and directed to execute on
behalf of said city that certain Proposal b.y TREASURE COAST BENCH
ADVERTISING, and the~;~'~N ~,ItN~ d]~;~ relative to bus benches within
SECTION 2: That the City Clerk is hereby directed to hand deliver a certified copy of this
Resolution, together with a copy of the proposal fully cx~¢uted, to each of the
following: TREASURE COAST BENCH ADVERTISiNG and the
8£CTION 3: That this P. esol~o~ s~all b~o~e et'leave i~medi~tely ~po~ its p~ss~se.
PASSED AND ADOPTS. THIS DAY OF ,1997.
(CORrO~TE Sr~L) "
ATTEST:
ciTY c~sr~ ciTy cote~ct~
i PROPOSAL ~ AGREEMENT
WHEREAS, it is everywhere recognized that physical rest is e.ssentiai to human well
being as well as weico,m, ed by all people, the (TITY OF ,,5_~l~l~b'T~.tq , hereinafter
I referred to as the "City,' has determined that the installation and presence ora public seating
service within the corporate limits of the City would fulfill a collateral public transportation
need and be continuing benefit to the general traveling public, including school bus stops and
I to others; and
WHEREAS, the City is charged with the public interest and, accordingly, as a
I proprieta~ function is desirous of having placed within its corporate limits, at transit stops
and/or at other points of pedestrian convenience of necessity, benches designed for
comfomble seating in order that such benches may inure to the convenience and enjoyment
of those who use public transportation, and of others; and
I WHEREAS, TREA,SURE COAST BENCH ADVERTISING, hereinafter referred to
as the "Service Company,' is engaged in the manufacture and installation of benches as an
i ordinasy and desirable incident of city and county streets; and
WHEREAS, the ,a,e~-l'l~l k~e~l., ~[,1> and the Service Company, hereinafter
referred to as the "Clubs, are desirous of sponsoring or co-sponsoring as a community project
I for the benefit and accommodation of the general Iraveling public, and of others, the placement
of benches at transit stops and/or at other points of pedestrian convenience or necessity within
the corporate limits of the City and, to that end, have entered into agreements with the Service
I Company;
NOW, THEREFORE, the Clubs and the Service Company join in making the following
proposal to the City, whereby, upon the acceptance of such proposal by the City, the said
I desires of the City and of the can
Clubs
be
realized:
I. The Service Company, its successors and assigns, shall install and at all times
I hereunder shall continue to furnish benches, as hexeinat~er provided, upon public space within
the corporate limits of the city (as now constituted or hereafter enlarged) in a quantity
sufficient, in the judgment of the City reasonably exercised to establish a public seating service
I within the City for the benefit of the general traveling public as well as for the benefit of
others. In order to fund such public seating service, the Service Company, its successors and
assigns, shall have the fight, granted by the City, to leas~ display space on said benches, as
hereinafter provided for both public service and commercial messages.
i 2. Benches placed within the corporate limits of the City, as herein provided, shall
be governed by and subject to the following general criteria, as outlined in the State Law,
INumber 14-20-copy attached hereto:
a. No bench shall be more than forty-three (43) inches high nor more than ·
seventy-four (74) inches long nor more than twenty-eight (28) inches
i wide.
b. Construction shall be of concrete and wood or of equivalent materials.
I c. Benches shall be placed at transit stops and/or at other points of
pedestrian convenience or necessity and such placement shall be subject
I to review by the City so that no bench shall be permitted to obstruct
passage along any public way or to create a hazard or to otherwise be
detrimental to the public safety. Ali bench locations must be approved
by the Code Enforcement Department or such department as instructed
by the City.
No bench, unless otherwise authorized, may be placed so that the angle
of its long diversion in relation to the curb line shall be grater than thirty
(30) degrenm, and no bench, unless otherwise authorized, may be placed
so that it is closer than eighteen (18) inches to the face of the curb.
Not more than two (2) benches displaying a commercial message or
intended for the display cfa commercial message shall be permitted at
a particular location, unless permitted by the City, because of greater
public usage.
Display space shall be restricted to the backrest of the bench and shall
not be greater than six (6) feet in length and two (2) feet in height. No
commercial message displayed thereon shall appear other than on the
front or rear surface of such backrest area. Should any message be
deemed objectionable in the judgment of the City reasonably exercised,
then upon written notice to the Service Company, such message shall
forthwith be removed by the Service Company.
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g. Such advertising shall NOT be of any alcoholic beverage, ci~rette,
massage parlor adulI bOgk~tor~./~rthcaters, escort_service:~, oolitical,
or of lin immoral nature, nor the use ot'g~l~% "'
Should any bench fail to conform to the above general criteria or should a
property owner object to the presence ora bench abutting his property, then the City may order
the Service Company to remove such bench and, that failing, may remove same at the expense
of the Service Company.
3. The City shall reserve the right to, upon notice to the Service Company, order
the removal of any particular bench which the City, in its judgment, reasonably exercised,
believes not to be located to the public benefit. Should the Service Company fail to remove
such bench, then the City may remove same at the expense of the Service Company.
4. The benches which are the subject of this proposal shall remain the property of
the Service Company and the Service Company shall maintain said benches in a good and
substantial state of repair.
5. The Service Company shall at all times hereunder maintain public liability
insurance and shall provide the City with a Certificate of Insurance as evidence of same; the
insurance shall be in the minimum amount of One Hundred Thousand Dollars ($100,000.00)
for individual injury and Five Hundred Thousand Dollars ($500,000.00) for more than one
injury resulting from one accident and Fitly Thousand Dollars ($50,000.00) for property
damage combined amount of an umbrella policy of $1,000,000.00, and if and when such
minimum amounts become deficient, in the judgment of the City, reasonably exercised, then
such amounts shall be appropriately increased upon the written request of the City. Further,
within the above-stated insurance limits, the Service Company shall indemnify and save
harmless the City from and against all claims, losses and expenses, including court costs and
reasonable attorney's fees, arising out of or resulting from any wrongful or negligent act on
the part of the Service Company in the installation and maintenance of benches hereunder.
6. It is intended that the program for the placement and continued maintenance of
benches established by the acceptance of this proposal by the City be quasi-commercial in
nature, accordingly, such program shall be sponsored or co-sponsored by the Clubs, however,
notwithstanding anything herein to the contrary, such sponsorship shall be Clubs only right
and obligation hereunder. The benches shall be referred to as the "Clubs' benches." Should
the Clubs at any time and for any reason be compelled to withdraw as sponsors of the public
seating service established by the acceptance of this program by the City so as to leave no
sponsoring organization for such program, then the Service Company shall, within a
reasonable time thereafter, join with another civic, service or charitable organization or
organizations as sponsor of such service and the City shall be notified of such sponsorship.
That upon securing the required legislation and/or governmental consent
of municipalities, as contemplated in paragraph number one (I) hereof,
and continuing at all times during and for the period of each such
authorization and extensions or renewals thereof, the Service Company
may, in its sole discretion, display the name of the Club on each or any
bench placed and maintained in such municipalities pursuant to such
authorization at a place on the bench to be determined by the Service
Company. Such words may appear so as to indicate to the public that the
Club is a sponsor or co-sponsor of said benches. A LION 5; O lt/Io
and phone number.
7. Should the Service Company be found to be in default of any of the conditions
herein, it shall be given notice in writing and a reasonable time, not to exceed thirty (30) days,
to correct same. In the event that the Service Company should fail to correct such default
within a reasonable time after receipt of notice of same, the City may, at its option, terminate
the fights and obligations uz~ated by the acceptance of this proposal upon the giving of ninety
(90) days notice in writing to the Clubs and to the Service Company. Should such termination
duly occur, then the Service Company shall be allowed an additional six (6) month period to
remove its benches.
8. Where notice to the Service Company and/or to the Clubs is required or
otherwise given pursuant to the agreement created by the acceptance of this proposal by the
City it shall be in writing, sent by registered or certified mail, to the relevant principal office
(s) with return receipt(s) requested.
9. It is expressly understood and agreed that the rights and obligations created by
the acceptance of this proposal by the City shall remain in full force and effect for a period of
twelve (12) years from and after the date of such acceptance and, thereafter, so long as the
Clubs, or either of them including successors, if any sponsor the public seating service
established herein, then, and in that event, such rights and obligations shall self-extend and
renew for like periods without restriction upon the same terms, covenants and conditions.
10. Should any one or more of the provisions hereof be found invalid or
unenforceable by a court of competent jurisdiction, then such provision or provisions shall be
null and void and shall be deemed severed fi.om the whole and such finding shall be without
effect upon the remaining provisions which remaining provisions shall continue in full force
and effect provided that the rights and obligations of the parties contained herein are not.
materially prejudiced and that the intentions of the panics continue to be effective.
11. The agreement created by the acceptance of this proposal by the City supersedes
all prior negotiations, understandings, representations or agreements between the parties
hereto, whether written or oral, with respect to the subject matter contained herein and with
respect to the area intended hereunder.
12. It is understood and agreed that the agreement created by the acceptance of this
proposal by the City shall take effect one hundred and twenty (120) days from and after the
!
date of such acceptance and that time shall be of the essence of such agreement, it is further ' i
understood and agreed that such agreement shall not be conditioned upon the City being served
by a mass transit system. · I
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed in their respective corporate names by the persons duly authorized to sign in their
behalf, l
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
CLUB
BY: PRESIDENT (SEAL) i
ATTEST:
SECRETARY
CLUB . I
BY:
ATTEST SECRETARY I
' SECRETARY
TREASURE COAST BENCH ADVERTISING I
B
' BENCH CHAIRPERSON I
CITY OF
BY: 1
MAYOR (SEAL)
ATTEST: BY. I
CITY CLERK
Date of Acceptance by City of i
Approved as to form and legal sufficiency: i
ClTM ATTORNEY I
Mailing Address: i
,
4
!
Ch. 337
CONTRACTING; ACQUISITION._DISPOSAL, AND USE OF PROPERTY
F.S. 1995
gramming provided by a television broadcast station or
cable system.
(2) It is unlawful to use the right-of-way of any
state-maintained road, including appendages thereto,
and also including, but not limited to, rest areas, way-
side parks, boat-launching ramps, weigh stations, and
scenic easements, for cable service purposes within a
geographic area subject to a valid existing franchise for
cable service, unless the cable system using such right-
of-way holds a franchise from the municipality or county
for. the area'in which the fight-of-way is located.
(3) A violation of this section shall be deemed a vio-
lation of s. 337.406.
337.407 Regulation of signs and lights within
rights.-of-way.--
(1) No person shall erect any sign, as defined in
chapter 479, or light within the right--of-way limits of any
road on the interstate highway system, the federal-aid
primary highway system, the State Highway System, or
the State Park Road System; however, the department
is authorized to adopt rules concerning the placement
of signs, canopies, and other overhanging encroach-
ments along and over any state roads whic~ are within
municipalities, or which are of curm.and--gutter con-
struction outside municipalities, provided no supports
are located within the rights-of-way.
(2) The department has the authority to direct
removal of any sign erected in violation of ~paragraph
(al, in accordance with the provisions of chapter 479.
(3) The department may not authonze the erection
of signs where such signs are prohibited by the local
governmental entity having jurisdiction.
Hi~me/,--~. 37. ca. 29~65, 1~5B: s. 1. ca. 63-50t; s. 5, ch. 67-461; s~. 23.35, ca.
69-106: s. 1. ¢~. 71.-3B: s. 1, ca_ 74-79: t. 9, ¢~. 78-41Z: s. 1, ch. ~0-~48; ~. 49, ch,
'~Ndo4e,~e(3e~teCI iLS Sr, U~S41C~[Or~ (1) t~ C(~ltc~'n to the r4ef~ai
337.408 Regulation of benches, manse shelters,
and waste disposal receptacles within rights-of-way.
(1) Benches or transit shelters, including advertising
displayed on benches or transit shelters, may be
installed within the right-of-way limits of any municipal,
county, or state road, except a limited access highway;
provided that such benches or transit sheltem are for
the comfort or convenience of the general public, or at
designated stops on official bus mutes; and, provided
further, that wdtten authorization has been given to a
qualified private supplier of such service by the munici-
pal government within whose incorporated limits such
benches or transit shelters are installed, or by the
county government within whose umncorporated limits
such bencl3es or transit shelters are installed. A munici-
parity or county may authorize the installation, without
public bid, of benches and transit shelters together with
advertising displayed thereon, within the rigl3t--ol-way
limits of such roads. Any contract for the installation of
benches or transit shelters or adver~s~ng on benches or
transit shelters which was entered into before April 8,
right-of-way preservation and maintenance. Any bench
or transit shelter located on a sidewalk within the right-
of-way limits of any road on the State Highway System
or the county road system shall be located so as to leave
at least 35 inches clearance for pedestrians and persons
in wheelchairs. Such clearance shall be measured in a
direction pe~endicular to the centertine of the road.
(2) Waste disposal receptacles of less than 110 gal-
lons in capacity, including advertising displayed on such
waste disposal receptacles, may be installed within the
right--of-way limits of any .municipal; county, or state
road, except a limited access highway; provided that
wdtten authorization has been given to a qualified pri-
vate supplier of such service by the appropriate munici-
pal or county government. A municipality or county may
authorize the installation, without public bid, of waste
disposal receptacles together with advertising dis-
played thereon within the right-of-way limits of such
roads. Such waste disposal receptacles may not inter-
fere with right-of-way preservation and maintenance.
(3) The department has the authority to direct the
immediate relocation or removal of any bench, transit
shelter, or waste disposal receptacle which endangers
life or properbj, except that transit bus benches which
have been placed in service prior to April 1, 1992, do not
have to comply with bench size and advertising display
size requirements which have been established by the
department pdor to March 1, 1992.
(4) No bench, transit shelter, or waste disposal
receptacle, or advertising thereon, shall be erected or so
placed on the right-of-way of any road which conflicts
with the requirements of federal law, regulations, or
safety standards, thereby causing the state or any politi-
cal subdivision the loss of federal funds. Competition
among persons seeking to provide bench, transit shel-
ter, or waste disposal receptacle services or advertising
on such benches, shelters, or receptacles may be regu-
lated, restncted, or denied by the appropriate local gov-
ernment entity, consistent with the provisions of this sec-
tion.
(5) Wherever the provisions of this section are incon-
sistent with other provisions of this chapter or with the
provisions of chapter 125, chapter 3,35, chapter 336, or
chapter 479, the provisions of this section shall prevail
I.lii,.~.--.s. 21. ~. ~-1~0: s. 61, ca. 94-23/: s. 30. ch. 95-257,
337.409 Willfully or maliciously removing, damag-
ing, destroying, altering, or'appropriating benches,
transit shelters, waste receptacles, or advertising dis-
played thereon; penalty.--Any person who willfully or
maliciously removes, damages, destroys, tampers with
or alters in any way a bench, transit shelter, or waste
receptacle, or advertising displayed, thereon, when such
structure and display has Dean installed and maintained
pursuant to the provisions of s. 337.408, or any person
who in any manner appropriates to his own use or to the
use of another by painting, printing, placing, or affixing
any advert,sement or similar material upon any suc,h
structure, or uPOn advertising dis[31ayed thereon, shall
be ouilty of a misdemeanor of the second degree--n-
1992. without public bidding, ~s ratified and affirmed. ·
IsnaDle as provided in
Such benches or transit shelters may not interfere W~th
1082
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I
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i
i
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I
yard setbacks, separation from existing signs and maximum signage per property would
also apply.
In summary, although the benches could be located on City property with the Plarming and
Zoning Commission and City Council approval, advertising would be prohibited. The
benches could be located on private property if all conditions such as setbacks, separation
from existing signs, maximum signage and the specific conditions for off-premise billboard
signs are met. The applicant will be required to provide specific information regarding
each proposed location as well as the existing conditions of the property to enable staff to
thoroughly review each request.
If you have any further questions concerning this matter, please let me know.
RM:jk
§ 20A-5.12. SEBASTIAN' LAND DEVELOPMENT CODE
Sec. 20A-5.12. Regulation of obstructions to visibility.
A. Regulation against obstruction to traffic and traffic visibili-
ty. There shall be no structures or planting which materially
obstructs traffic and traffic visibility.
B. Corner/ors. Visibility triangles, within which nothing shall
be erected, placed, parked, planted or allowed to grow in such a
manner as to impede vision between a height of two (2) feet and
eight ($) feet above the center lines of intersecting traffic ways,
shall be provided as follows:
1. Vision clearance at street, alley, and driveway intersections.
Visibility triangles shall be required at all traffic intersec-
tions. No hedge or structure within the visibility triangles
shall exceed a height of two (2) feet above the elevation of
the highest abutting street measured at the center line.
2. Dimensions of visibility triangles. The size of the visibility
triangles shall be thirty (30) feet at street to street inter-
sections and fifteen (15) feet at all other intersections. These
distances shall be measured along the well-defined edge of
travelways from their point of intersection. If no well-
defined edge of pavement exJste, a probable edge of pave-
ment shall be established from the centerline of the trav-
elways using twelve (12) foot travel lane(s) for dedicated
streets, eight (8) foot travel lane(s) for dedicated alleys and
utility easements and five (5) foot travel lane(s) for single
driveways.
(Ord. No. 0-93-01, § 53, 2-24-93)
C. Public right,f-way. There shall be no structure or planting
on city or public right-of-way without prior approval of the plan-
ning and zoning commission and city council, and then only after
due consideration is given to the type, height and size of such
structure and planting.
Sec. 20A-5.13. Division of land.
No person shall divide any land in a manner that would result
in any portion of said land failing to meet the minimum require-
ments herein established for the zone in which said land is locat-
ed. Any subdivision of land shall comply with the city's subdivi.
sion code.
Cross reference--Subdivision of land. Arts. XVI--XVIII.
Supp. No. 16 328.12
SIGN 0RDINANC~..
§ 20A-15.4
(f) Real estate signs. Subject to the provisions of subsec-
tion 20A-15.5(A).
(g) Political signs. Subject to the provisions of subsection
20A-15.5(B).
(h) Construction signs. Subject to the provisions of subsec-
tion 20A-15.5(C).
(i) Window signs. Subject to the provisions of subsection
20A-15.5(D).
O) Holiday signs. Subject to the provisions of subsection
20A-15.5(E).
(k) Vehicular signs.
(Ord. No. 0-93-18, § 1, 1-12-94)
Sec. 20A-15.4. Prohibitions and exceptions.
From and after the effective date of this article it shall be un-
lawful for any person to erect or use within the City:
a. Any swinging sign.
b. Any snipe sign.
c. Any banner, excepting approved special event signs pur-
suant to section 20A-15.5.
d. Any sign erected, located or maintained so as to prevent
free ingress to or egress from any door, window or fire
escape.
e. Any sign attached to a standpipe or fire escape.
f. Any sign or other advertising structure which by reason of
its position, shape or color interferes, obstructs or may be
confused with shy authorized traffic control device or emer-
gency vehicle signal.
g. Any sign or other advertising structure, except public signs,
that is placed or erected on or over a public right-of, way,
sidewalk, street, or curb.
h. Any other type or kind of sign which does not comply with
the terms, conditions and provisions contained in this ar-
ticle and ordinances mandatory hereto and supplemental
hereto.
Supp, No. 16 1015
§ 20A-15.2 SEBASTIAN LAND DEVELOPMENT CODE
certificate of occupancy, or is no longer doing business at the
location noted on the sign.
Add-on sign. Any additional sign added to a previously per-
mitred and/or conforming sign.
Advertising structure. Advertising struc~re shall mean any
structure installed for advertising purposes, with or without any
advertisement display thereon, situated upon or attached to real
property upon which any poster, bill, printing, painting, device or
other advertisement of any kind whatsoever may be plsced, posted,
painted, tacked, nailed or otherwise fastened, affixed or dis-
played; provided, however, that said term shall not include build-
ings.
A-frame sign. A movable sign not secured Or attached to the
ground as required by this code.
Animated sign. A sign with physical or light action or motion or
the appearance thereof, including lenticulation, wind actuated
elements, rotating, oscillating, fluttering, flashing, or swinging
signs, banners, but excluding permitted flags.
Background area of sign. The entire background area of a sign
upon which copy could be placed. In computing the area of a sign
background, only that face or faces which can be seen from any
one direction at one time shall be counted.
Banner. Any sign having the characters, letters, illustrations
or ornamentations applied to cloth, paper, balloons or fabric of
~ny kind with Such material serving as foundation~ The word
'banner" shall also include pennant or any animated, rotating
and/or fluttering device, with or without lettering for design, and
manufactured and placed for the purpose of attracting attention.
Billboard (off.premises sign). Any sign, or framework thereof,
installed for the purpose of advertising merchandise, services or
entertainment, sold, produced, manufactured or furnished at a
place other than a location of such structure. ,,
Building official. The words "building official shall mean the
director of the building department, or any other person so des-
ignated by the city manager, and all persons working under h/z/her
authority and direction.
Supp. No. 16 1006
SIGN ORDINANCE
§ 20A-15,7
b. Allow substitution copy area and size. A projecting sign
may be substituted for an allowed freestanding sign.
However, the maximum allowable size for such a sub-
stitution shall not exceed one-half (¥2) the allowable
size of the freestanding sign for which it is substituted
or shall not exceed the allowable amount of sign area
for signs attached to facades as shown on the Street
Facade Sign Area Table of this code, whichever is less.
c. Noncombustible material. All projecting signs shall be
constructed entirely of metal or ether noncombustible
material and securely attached to a building or struc-
ture by metal supports such as bolts, anchors, sup-
ports, chains, guys or steel rods. No staples or nails
shall be used to secure any-projecting sign to any
building or structure. The use of plastic material is
permitted as approved in subsection 20A-15.6(B)(2) o1~
the sign code.
d. Placement. No projecting sign, which is entirely depen-
dent upon a wall for support, shall be erected on the
wall of any building so as to project above the roof line
or parapet wall or above the roof level where there is
no parapet~ wall. A sign attached to a corner of a
building and parallel to the vertical line of such corner,
shall be deemed to be erected at a right angle to the
building w~ll. A projecting sign shall not project more
than thirty-sEx (36) inches from the wall of a building
and shall n. ot overhang a public right-of-way. Such sign
shall comply with height regulations of subsection 20A-
15.6(G) and shall be elevated a minimum of seven (7)
feet six (6) inches over any sidewalk or pedestrian way.
No sign or part of a sign or its supporting structure
shall cover any window or part of a window. No pro-
jecting sign or supporting structure shall be located in
such a manner as to obstruct window light and vision.
The city shall be held harmless for any liability asso-
ciated with projecting signs.
D. Billboards. All billboards shall be prohibited within the City
of Sebastian except for the followin~
1. Billboards shall be prohibited within the City of Sebastian
except for directional signs as permitted below. These signs
Supp. No. 16 1031
§ 20A. 15.? SEBASTIAN LAND DEVELOPMENT CODE
shall be regulated pursuant to the provisions of section
20A-15.7(C)(1) of this article.
2. Directional sign (private)-The intent of this type of sign is
to direct traffic to a place ofbuslnass within the city limits.
No sign shall be utilized exclusively to advertise a place of
business without giving directions or utilizing an arrow.
a. ' One (1).sign not exceeding thirty-two (32) square feet
in area may be located in or on the waters of the Indian
River for any approved marina within the City of
bastian. These signs must have approval from the State
of Florida prior to obtaining a permit from the City of
Sebastian.
b. One (1) sign not exceeding thirty-two (32) square feet
may be-located on any lot within COlt, C-§12, CL,
IND. J.
(Ord. No. 0-93-18, §. 1, 1-12-94)
Sec. 20A-15.8. Regulations of nonconforming signs and en-
forcement.
A. Continuance of preexisting structures. Any sign, billboard,
or advertising structure which lawfully existed and was main-
tained at the time this ordinance became effective, may be con-
tinued, although such structures do not conform to all the provi-
sions hereof; provided that no structural alterations are made
thereto.
1. Impact of damage to nonconforming signs. Any noncon-
forming sign which is destroyed or damaged, to the extent
of fifty (50Ypercent or more, or is altered or replaced, shall
not be altered, replaced or reinstalled unless and until it
shall have been made to conform to the provisions of this
article. Public signs erected by the city are exempted by
this article.
2. Removal of nonconforming signs:
a. Destruction, damage or obsolescence. The use of any
nonconforming sign shall terminate whenever the sign
is damaged or destroyed beyond fifty (50) percent, from
any cause whatever, or becomes obsolete or substan-
Supp. No. 16 1032
Subject: First reading of O-97-61
Approved for Submittal by:
EXPENDITURE
KEQUIRED:
None
City of Sebastian, Florida
AgendaNo. ?'2./12
Department Origin: City Attorney
~, ~ t).~Date Submitted'October 16, 1997
For Agenda of: October 22, 1997
Exhibits: O-97-61. minutes of 8/6/97 City. Council Workshop and 8/27/97 City Council Meeting
AMOUNT BUDGETED: APPROPRIATION
None REQUIRED: None
SUMMARY
At the August 6, 1997 City Council workshop (minutes attached), the staff'was directed to bring to the
Council for first reading the proposed ordinance amending the parking regulations in the City.
Attached is a copy of the proposed ordinance O-97-61 (formerly O-97-XX). This ordinance has the
following changes from the O-97-XX:
1. Sec. 984 has been amended to include medians, and defining emergencies to include accidents and
breakdowns, and deleting the reference to driveways and intersections.
2. Sec. 98-7 has been amended to include a reference to offenses "against the city", and "duty" was
changed to "responsibility".
3. Sec. 98-8 has been amended to change "enact" to "erect".
Sec. 98-31 has been amended to stay as k currently reads. The changes previously proposed, i.e.
the no parking in any right-of-way, has been dropped pending further direction from the City
Council.
Sec. 98-36 has been amended so that only the current sections (a) (definition of a vehicle) and (g)
Disabled Parking are deleted. The phase "owned or leased to the owner or tenant of the lot" was
added. The reference to 3,4 ton was replaced by 23 feet in length and 9 feet in heio~ht.
Sec. 98-37 has been modified by establishing a civ~ penalty of $250. The Florida Statues allow a
$100 fine or a $250 fine. If the hi~er fine is used, it is required to be deposited into a special fund.
One third of the money may be spent on the administration of the provision and two thirds spent on
improving accessibility and conducting public awareness pro,ams. The section has been amended
to establish a Handicapped Accessibility Fund for that purpose.
only provide for towing on publicly owned and operated parking areas. Therefore
The
Statutes
that provision has been limited to those areas. The time required before towing has been set
eight hours.
The provision for people chauffeuring a disabled person is a statutory provision and therefore has
not been deleted from the proposed ordinance.
Sec. 98-53 has been amended to delete "take its license number and may take any other
information displayed on or by the vehicle which may identify ks owner or operator' with "make
reasonable effort to identify the owner".
The fines were changed as follows: $2.00 was increased to $5.00, $4.00 to $5.00, and $15.00 to
$25.00.
In (g), "Such admission shall not be used as evidence in any other proceeding" was deleted.
At the August 27, 1997 City Council meeting (minutes attached), the Council deferred action on the
proposed Ordinance pending review by the City Attorney. The attached copy has been reviewed and
editorial changes have been made.
RECOMNm-'NDED ACTION
It is recommended that the City Council have the first reading of ordinance O-97-61 and set a
public hearing and second reading for November 19, 1997
ORDINANCE NO. O-97-6 !
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIA~N RFVER
COUNTY, FLORIDA, AMENDING SECTION 98-1 OF THE CODE
OF ORDINANCES RELATING TO DEFINITIONS; ADOPTING
THE FLORIDA UNIFORM TRAFFIC CONTROL LAW;
AMENDING SECTION 98-4 OF THE CODE OR ORDINANCES
RELATING TO DRIVING ONTO MEDIANS, SHOULDERS, ETC.;
DELETING SECTION 98-5 RELATING TO OPERATION ON
PUBLIC SCHOOL GROUNDS; flaMEN-DING SECTION 98-6
RELATING TO LIMIT ON GROSS WEIGHT OF VEHICLES;
AMENDING SECTION 98-7 OF THE CODE OF ORDINANCES
RELATING TO ENFORCEMENT; AMENDING SECTION 98-8 OF
THE CODE OF ORDINANCES RELATING TO DESIGNATION
OF ONE WAY STREETS; AMENDING SECTION 98-32 OF THE
CODE OF ORDINANCES RELATING TO VERBAL NOTICE OF
UNSAFE PARKING, REFUSAL TO OBEY; DELETING SECTION
98-33 OF THE CODE OF ORDINANCES RELATING TO
PARKING ON PUBLIC SCHOOL GROUNDS; DELETING
SECTION 98-34 OF THE CODE OF ORDINANCES RELATING
TO PARKING ON MAIN STREET; DELETING SECTION 98-35
OF THE CODE OF ORDINANCES RELATING TO PARKING ON
CENTRAL AVENUE; AMENDING SECTION 98-36 OF THE
CODE OF ORDINANCES RELATING TO PARKING IN
RESIDENTIAL DISTRICTS; CREATING SECTION 98-38
ENTITLED "PENALTIES FOR VIOLATION OF SECTION
316.1955, FLORIDA STATUTES; HANDICAPPED
ACCESSIBILITY FUND"; AMENDING SECTION 98-52 OF TKE
CODE OF ORDINANCES RELATING TO DEFINITIONS;
AMENDING SECTION 98-53 OF THE CODE OF ORDINANCES
RELATING TO MUNICIPAL NONCRIMINAL TRAFFIC
INFRACTIONS; PROVIDING FOR A PURPOSE; PROVIDING
FOR CODIYICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend
the Code of Ordinances relating to the regulation of vehicles; and
WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is
in the best interests of the health, safety, and general welfare of the community to do so,
NOW THE~FO~, BE IT ORDAINED BY THE CITY COUNCiL OF
THE CITY OF SEBASTIAN, FLORIDA, THAT:
Section 1. Section 98-1 of the Code of Ordinances of the City of Sebastian is hereby
amended as follows:
Sec. 93-1. Definitions.
Park mean~ a play~ound, beach, batlfield or other land area owned-by the city o~
dedicated or ~hcrwise held in-~rust by ~e city for the public.
Vehicle means any vehicle defined b~t section 316.003. Florida Statutes. wheeled
conveyance, whether motor powered, animal drawn or self propelled. The word shall
includc any trailer ir, tow. The word-shall inctuflc ca~s~ trucks, carnpc~,s, recreational
vehicles, bicycles, trlcyole~, mop~s, motorcycles and all other similar items. Thc tcrrn
in¢lu~ golfcarts and dune lyaggies. '~nis definition docs-net include city Yehictcs while in
use for authorized city business or authored emergency vehicles.
Section 2. Section 98-2 of the Code of Ordinances of the City of Sebastian is hereby
amended as follows:
Sec. 98-2. Adoption of Florida Uniform Disposition of Traffic Infractions Act and,
the Florida Uniform Traffic Control Law.
There is hereby adopted by reference the Florida Uniform Disposition of Traffic
Infractions Act, F.S. ch. 318, as amended from time to time and the Florida Uniform
Traffic Control Law, F. S. ch. 316~ as amended from time to time. both of which shall be
in full force and effect in the city.
2
Section 3. Section 98-4 of the Code of Ordinances of the City of Sebastian is hereby
amended as follows:
Sec. 98-4. Driving onto medians, shoulders, etc.
No person shall ride or drive any vehicle on the land areas that separate paved streets,
roads or highways such as medians, islands or similar land areas. No person shall ride or
drive any motorized vehicle on the sof~ shoulder of any paved road, except as is necessary
to get the motorized vehicle on or offthe road, during emergencies, such as accidents and
breakdowns into a drivcway or at an intersection.
Section 98-5 of the Code of Ordinances of the City of Sebastian is hereby
Section 4.
deleted.
Section 5.
Section 98-6 of the Code of Ordinances of the City of Sebastian is hereby
amended as follows:
Sec. 98-6. Limit on gross weight of vehicles; enforcement.'
(b) Any police officer of the city having reason to believe that the weight of a vehicle
and load is unlawful, is authorized to require the driver to stop and submit to a
weighing of the vehicle either by means of portable or stationary scales and may
require that such vehicle be driven to the nearest public scales for weighing.
Section 6. Section 98-7 of the Code of Ordinances of the City of Sebastian is hereby
amended as follows:
Sec. 98-7. Penalt3, for violation of chapter; enforcement.
(a) Penalty. Any person who shall violate or fail to comply with any of the provisions
of this chapter, or who shall counsel, aid or abet any such violation or failure to
comply, shall be deemed =miilty of an offense against the city and shall be punished
by a fine as set forth in chapters F.$. cbs:. 316 and 318, F.._.S.S., as presently
constituted or as hereafter amended.
(b) Enforcement. It shall be the responsibility atm~ of the police department to enforce
the provisions of this chapter.
Section ?. Section 98-8 of the Code of Ordinances of the City of Sebastian is hereby
amended as follows:
Sec. 98-8. Designation of one-way streets.
The city council may provide for one-way traffic on city streets by enacting a resolution in
each instance to provide for such one-way designation. The city clerk shall keep a
permanent record of any such one-way changes. Upon enactment of any such resolution,
the public works 15etic-e department shall erect eaac-~ proper signals to indicate such one-
way designation pursuant to the Uniform Manual of Traffic Control Devices.
Section 8. Section 98-32 of the Code of Ordinances of the City of Sebastian is hereby
amended as followS:
Sec. 98-32. Verbal notice of unsafe parking; refusal to obey.
When the parking of a vehicle interferes with the safety of the general inhabitants of the
city and a police officer has determined that the vehicle is so parked, he shall make a
reasonable eve~ effort to notify the owner or operator df, vet of the vehicle, ~ving the
owner or operator deiv~ the opportunity to remove the vehicle from the parking location.
If the owner or driver refuses to remove the vehicle from such a location after notification
by the police officer or if the owner or operator cannot be located, the vehicle shall be
sited, towed and stored at the owner's expense. , he shall be deemed-in violation of this
scctic, n.
Section 9. Section 98-33 of the Code of Ordinances of the City of Sebastian is hereby
deleted.
Section 10. Section 98-34 of the Code of Ordinances of the City of Sebastian is hereby
deleted.
Section 11. Section 98-35 of the Code of Ordinances of the City of Sebastian is hereby
deleted.
Section 12. Section 98-36 of the Code of Ordinances of the City of Sebastian is hereby
amended as follows:
Sec. 98-36 Parking in Residential Districts and on Street Rights-of-way.
(a) As used in this Section, the tc, nn "Vehicle" means any automobile, track, or other
vehicle designed for operation on stree~s-er roads, but aoMncluding:
(1) Recreational vehicles as defined in section 2OA. 5.16 of the Land
Dcvelopment
(2) Road-tractor, semi trailer, m- heavy equipment as defined in section 20A
5.1~.! of the Land Dcvelopmcnt Code.
(--3} Motorcycles, moped~ bicyclcs, lawn tractors, golf carts, road rottcrs, or
vehiclcs-which run only upon on--a track
(de)
For purposes of this section, a vehicle shall be considered to be parked if it is
stopped other than for the purpose of and while actually engaged in loading or
unloading merchandise or passengers.
No vehicle may be parked on any lot in any residential district, except in an
enclosed structure, unless said vehicle is licensed, registered, and owned or leased
to the owner or tenant of the lot i~}sur-ed.
No vehicle displaying a "for sale" sign may be parked on any street right-of-way.
No track or van with a~ rated carrying capacity of over 23 feet in length and 9 feet
in height ~4 t~n shall be parked on any street fight-of-way: ~~
Any vehicle parked on any street right-of-way in front of any ~ lot
which is not removed within 48 hours after a notice requiring removal has been
posted on the vehicle by the City will be towed at the owners expense.
No vehicle shall be parked in any parking space designated with-the international
symbol of acce,'~ibitity or the caption "Pa~king-~ By:Disabled Pcrmit O~5~," or with
both sueh symbol er caption, unless such-vehicle displays a parking-permit or
license plate issued pursuant to 1;.S, §§ 316.1958, 320,.~4, 320.0842, 320.081-3-,
320.0845, or 320.0848 and such vehicle is occupied by-e-person eligible for sueh-a
license plate or parking permit. However, any person who is chauffeUring a
disabled person shall-be allowed, without need for an identificatioe,-parking-~ permit
or special license plate, moracntary partdng in any such parking place for the
purpose of loading or unleading a disabled-pcb:son:
upon the de-ive for-such momentary parking.
6
No penalty .shall be imposed
(_fh) Any violation of this Section shall be a civil infraction, subject to a maximum civil
penalty of $100.00 per day, or a civil penalty of $50.00 per day if the person
committing the civil infraction does not contest the citation.
Section 13. Section 98-37 of the City of Sebastian Code of Ordinances is hereby created
to read as follows:
Sec. 98-37. Penalties for Violation of Section 316.1955 Florida Statutes;
Handicapped Accessibility Fund. In accordance with Section 316.008(4) Florida
Statutes, any violation of' Section 316.1955, Florida Statutes shall be a civil infraction,
subject to a maximum civil penalty of $250.00 per day. There is hereby established a
Handicapped Accessibility Fund, a separate account in which the fines collected pursuant
to this section shall be deposited and which shall be used in the following manner: one
third to be used to provide funds to defray expenses for the administration of this section
and two thirds to be used to provide funds to improve accessibility and equal opportunity
to qualified physically disabled persons in the City and to conduct public awareness
programs in the City concerning persons who have disabilities.
Section 14. Section 98-52 of the City of Sebastian Code of Ordinances is hereby
amended as follows:
Sec. 98-52. Definitions.
Officer means any law enforcement officer charged with and acting under his authority to
arrest persons suspected of, or known to be, violating statutes or ordinances reg~alating
traffic or parking or the operation of equipment or vehicles. The term includes any
individual employed or utilized by the police department who is acting as a parking
enforcement officer without arrest powers.
Section 15. Section 98-53 of the City of Sebastian Code of Ordinances is hereby
amended as follows:
See. 98-53. Municipal noncriminal traffic infractions; purpose.
(b) Whenever any memr--vehcle with a driver therein or thereby is found Parked,
stopped or standing in violation of any of the provisions of article I or II of this'
chapter, the officer finding the vehicle shall deliver to the driver therein or thereby
a traffic citation or notice in writing on a form provided therefor.
(c) Whenever any ,,'nctcr vehicle without a drip;er therein or thereby is found parked,
stopped or standing in violation of any of the provisions of article I or II of this
chapter, the officer finding the vehicle shall make a reasonable effort to identify the
owner take its license-number and- may take any other information displayed on or
by the vehicle, which ma)~ identify its owner or ope[ate~, and shall conspicuously
affix to the vehicle a traffic citation or notice in writing on a form provided
therefor.
(d) Whenever a citation has been issued, the owner or driver of the vehicle must
answer the citation or notice within 72 hours of the issuance of the citation or
notice, during the hours and at the place specified in the citation or notice, or mail
a check or money order as payment for the penalty by U.S. mail. If such
procedure is followed within 72 hours, the penalty for a violation of the parking,
(e)
stopping or standing provisions of article I or II of this chapter is $5__2.00, except
for violations of no-parring provisions, in which case the penalty is $10.00.
If the operator or owner of the vehicle cited for violation of any of the stopping,
standing or parking provisions of this chapter does not deliver or mail a check or
money order in timely response to the citation or notice delivered or affixed to the
vehicle pursuant to this article, within a period of 72 hours, the police department
shall mail to the registered owner of the vehicle to which the citation or notice was
afl, ed, a letter .t.o inform the owner of the violation and that the owner must
deliver or mail a check or money order in response to such notice or citation within
seven days of the date of such letter, and that the penalty for the violation is then
$15 4.00, except for a violation of a no parking provision, in which case the
penalty is then $25~-1-5.00.
if the registered owner fails to pay the proper penalty in fi~ll within the seven days
from the date of such letter, or fails to request a hearing within such seven days in
the manner provided in subsection (i) of this section, written notice of the violation
shall be sent by mail to the registered owner of the vehicle in the name of the
traffic violations bureau of the clerk of the county court, Indian River County,
Florida. The form of the no~i~c shall be substantially as fo[tows:
You-are hereby notified that a citation-or notice, numbcred, has becn issued
aga3r~t the following-vchicle re, stet-ed in your narnc, to wit: (lizt the motor
vehicle license number and a brief-description of the vehicle). Puvs~,-a~t to-the
Code of Ordinances of the Cit3' of Sebastian, Florida, chapter ~, you h-ave-ten
(g)
(h)
days from thc date of this notice t-e, tender payment of $t0.00 ($20.00 if the
violation is a no parking violation). If the-payment is not made in full-within the
time specified-above, a summons-for-you-to appear fer-a heating before a county
court judge, based on a sworn affidevk, will be issued. At the heaving you-.-mus~
answer to the charge and-the court will determine whether or not the cited
infraction has been committed~, tf the commission of the infraction ia provc~ the
couRtyjudge may-impose a civil penalty not to exceed $250,.00.
Such notice mailed by certified or registered mail to the registered owner or the
address shown on the vehicle registration shall be sufficient and equivalent to
notice having been received by the registered owner.
If the person notified fails to pay the proper penalty in full within the time stated,
or fails to request a hearing in the manner provided for in subsection (i) of this
section, the clerk of the court, based on a sworn affidavit, shall issue a summons to
appear directed to the registered owner of the vehicle. Failure to appear at the
specified time and place shall be deemed a contempt of court, which contempt may
be punished as provided by the laws of Florida.
If the registered owner or operator of the vehicle pays the penalty prior to a
finding by the court of an infraction, such payment shall admit the infraction and
shall waive any right to a heating or any appeal. Such admission shall-not be used
as evidence in-any other proceedings.
Any person cited for an infraction may elect to appear before a county judge by
requesting a heating in writing. Such request shall be made at the place specified
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in the citation or notice. Such request must be made before a summons to appear
is issued.
Section 16. CODIFICATION. It is the intention of the City Council of the City of
Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part
of the Land Development Code of the City of Sebastian, Florida, and that the sections of
this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed
to "Section", "Article", or such other word or phrase in order to accomplish such
intention.
Section 17. CONFLICT. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent
of such conflict.
Section lB. SEVERABILITY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
Section 19. EFFECrI~ DATE. This Ordinance shall become effective ten (10)
days after adoption.
PASSED BY THE CITY COUNCIL OF TI-IE CITY OF SEBASTIAN, FLOKIDA, ON
FIRST READING, THIS DAY OF , 1997. PASSED AND ADOPTED
BY ~ CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND
AND FINAL READING, TI-~S __ DAY OF , 1997.
11
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Walter W. Barnes
Vice Mayor Richard I. Taracka
Councilmember Louise IL Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this __'day of
,1997.
CITY OF SEBASTIAN, FLORIDA
By:
Walter W. Barnes, Mayor
ATTEST:
Kathr3rn M. OTIalloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
12
City Council Workshop
August 6, 1997
Page Two '
It was the consensus of City Council to allow public input following each item.
4. rrE s
97.112 A. Revised Ordinances Re: Parking/Traffic (Commurti[v Development Directgr Tranamit-tal 7/30/97.
Prolloaed Ordinances 0-97-X-X and 0-97-7_~
Ordinance O-97-XX
· 984 - add "me,finn befor~ islands and add after the second "road" - during emergencies
such as accidents or brmlat,owns" -
· 98-7b - ri:place "duty with "r~o~ibillty'
· 97-8 - replac~ "enact" with "~ct"
· ' 98-3 I.B.I. - questioned parking areas will be designated
how,no
· 98-3 LB.2. - add "temporary in two pla¢.~ before "extraordinary"
' · 98-3 I.B. - tighten up meaning.for exceptior~
· 98-3 I.B.3. - add "premises or before: "lot"
· 98-31.B.6. - questioned how the thirty minute time limit can be enforced '
· 98-33 - suggested looking into an interlocal agr~ment so school grounds a/e covered
· 98-36(¢) questioned verifying insurance on a vch/cle
· · 98-37.A. - said them may. be a conflict with Florida Stam,,~.~. The Director of Community
Development suggested that the sentence beginning with 'How,ver ...... "be delelaxt. Cit~
Council concurreck ,,
· 98-7.B. - The fwst sentence was deleted. The words clte ann" were added before "have the
vekicle" in the s~:ond sentence. Add "after eight hours" at the ~nd of remain~g first
· 98-53(c) - delete take its license amber and may take any other information displayed on
or by the vehicle which may identify its owner or operator" and add "make a reasonable
effort to identify the owner" in ia place
9s-s3(a) - change s2 p,,,,Ity to ss- l=ve $ t o is
98-53(~ - change $4 penalty to $15 and $15 penalty to $25
98-53(0 - d~le~ :vcrythin§ starting at "The form,of'the notic~ shall be substantially as
follows:...." to Such notic~ mailed by c.~'tifled....'
· 98-53(5) - delete "such admission shall not be used as ~widence in any other hearings"
· 98-53 (j)(k)(1) - may have to be deleted in accordance with other deletions
City Council discussion took ptac.:. Mr, Taracka said he l,mew people did not like the proposal to
notify the Police Department in thc event of a ga~ering, but something must be done to protect CiG
swales. Mm, Cartwrigh£ suggested changing 98-o I.A. to 48 hours and deleting 98-3 [.B.
TAPE I - SIDE E (7:46 p.m.)
City Council Workshop
August 6, 1997
Page Three
The City Manager said there is an assumption that homeoxvners who disturb their swales should be
held accountable. A lengthy discussion followed on who parks in swales, what percentage of people
park in swales, whether or not most parking causes damage, the possibility of charging people who
damage swales, and designating problem areas as no parking zones. Following the discussion it was
decided to remove all of Section 98-31 from consideration of the ordinance until the attorney has a
chance to review it relative to the possibility of f'ming for swale damage.
Discussion of the rest of the ordinance continued. Mrs. Sullivan said she would rather limit
prohibition of parking in fight-of-way to problem areas, disagreed with the poliCe log, and suggested
posting signs at Riverview Park rather than using meters and posting that only boat wailers can use
double lanes for parking at the Yacht Club. The City Manager said these restrictions will be able to
be placed by the proposed Ordinance 0-97-55 which will allow designating no parldng by
resolution
Discussion followed on need for loading and unloading restrictions.
Mayor Barnes suggested putting a limit on the number of cars parked on a residential lot and referred
to 98o36(c). Following some discussion the City Manager said 98-36 and 98-31 are intricately
linked and suggested both of those sections be pulled and reworked agmr review by the City
Attorney. City Council concurred.
Mayor Barnes called recess at 8:30 p.m. and reconvened the meeting at 8:45 p.m. All members were
present
Mayor Barnes said he would like to see moving Vans required to have cones around them while
loading/unloading.
The following members of the public addressed Cotm~il:
Sal Neglia, 461 Georgia Boulevard, Sebastian, discussed damage caused by trucks in the alley
behind his home parallel to CR512.
TAPE II - SIDE I (8:49 p.m.)
Tut Connelly, 149 Kildare Drive, Sebastian, said he was confused by Council's action on this
ordinance and urged them to move forward.
Harry Thomas, 654 Balboa Street, Sebastian, questioned several provisions of both proposed
ordinances and urged City Attorney. review for coustitutionali .ty
Howard Geiger, 1026 Schumann Drive, Sebastian, asked what the rules would be where no swales
exist.
i ouncil Workshop
August 6, 1997
Page Four
Louise Cuttenberg, 973 Oswego Avenue, Sebastian, objected to the parking prohibition and stated
her reasons.
Fred Mensing, 7580 129th Street, Sebastian, discussed disabled parking and the need for
enforcement.
Tommy Thompson, 125 Main Street, Sebastian, objected to notification of police for a gathering.
Ordinance 0-97-7.2
The Chief ot Poli e follow,g: , .....
' · 20A-5.16.C.l.-add rented or leased after owned and perhaps add as a definition for
vehicle owner sore, ,e~,,.ere in the code ,,
· 20A-5.16.C.3. - add in any six month period after "weeks." and language stating if there
is a sidewalk it cannot be blocked should be added.
· 20A-5.16.C.7. - change to' "--'current and proper" registration
· 20A-5.16.C.4. - change instances of"is" to "should be" or "shall be"
There was a consensus to change 20A-5.16.1.C.(6) to 24 hours from 48 hours.
It was noted the effective date of this ordinance needs to be changed.
20A-5.16.C.3 - The Director of Comm,?ty ~evelopment suggested deleting the second sentence. ....
20A-5.16.C.5. - Mrs. Cartwright said is not should be "shall not be
Mrs. Cartwright expressed concern for limiting to two RVs. (20A-5.16.C.9) and instead
recommended better screening/fencing.
TAPE 1I - SIDE Ii (9:35 p.m.)
Mr. Paul, referencing 20A-5.16.C.9., objected to the limitation of the number of Rvs as long as they
are screened and said the meaning is not clear and referencing C. 13. said many Rvs are parked on
unimproved lots. The Director of Community Development suggested no more than two at a time.
Mrs. Sullivan said Council had compromised on allowing three Rvs at a previous workshop.
Mrs. Camvright again said she had a problem with limiting the number of Rvs allowed.
--
Mayor Barnes asked that "no par'king in right-of-way be added to 20A-5.16.D. and, referring to
20A-5.16. I.C.(4), asked whether length would be better in determining the size allowed. The Ci.ty
Manager and Chief agreed that perhaps length would be better.
&
City Council Workshop
August 6, 1997
Page Five
97.166 B.
97.195 C.
Fred Mensing, 129th Street, Rosetand, said registration lists weight of truck and not carrying
capacity md said a 3/4 or I ton pickups could be up to 23 feet in length. The Director of
Community Development said staffwill come up with new language relative to length rather than
carrying weight of vehicles.
Mayor Barnes asked if 20A-5.16. I.D.(I) had to provide for a summons, to which the Director of
Community Development responded that he will get with the Chlefand City Attorney because this is
a Code Enforcement matter.
Discussion came back to limiting the number of Kvs allowed. Followi~g further discussion, Mayor
Barnes said he would like to postpone this ordinance for now so he, and other members if they wish
to on their own, can drive around town and look at the need for screening and/or limitation and bring
it back to the next available workshop.
Howard Geiger, Schumann Drive, Sebastian, said the City should not step on the toes of people in
the RV storage/camping business; and reported a tractor trailer that parks oa a lot off of Schumann
Louise Cuttenberg, Oswego Avenue, Sebastian, asked for consideration of personal freedom relative
to-guest RV parking.
At 10:30 p.m. there was consensus to ~tend the workshop to I 1:00 p.m.
(2Ilrtlb.~.Parking (Coma~uni~v Deve{0pment Director Tr~mittal 7/30/97~
Following a brief discussion on the use of and possible abuses of this provision a consensus poll was
taken on whether to delete this section or leave it in.
Mr. Barnes - delete
Mr. Taracka - delete
Mrs. Cartwright - leave in
Mr. Paxd - leave in
Mr~ Sullivan - delete
The Director of COmmunity Development will bring back an ordinance,
Re~lation of Mulching Machines (Community Development Direc;or Transmittal 7/30/97~
Following City Council discussion and consensus, the Director of Community Development said he
will come back with an ordinance in accordance with his recommendation on mulching machines.
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Regu/ar City Council Meeting
August 27, t997
Page Eleven
Mayor Barnes said paragraph b on page 8 prevents visitors from parking. Thc City Manager
suggested "with the exception of tempora~ invited guests"
Edra Young, Clearmont Street, Sebastian, questioned tnwlng for illegal handicapped Parking.
?, 334 Orange Avenue, Sebastian, commended Chief White for his assistance in eliminating a
problem with gangs in his neighborhoed.
Chief White suggested that the City Attorney review the provisions of the ordinance for compliance
with thc Florida Statutes.
MOTION by Cartwri~aracka
I move to defer the first reading of Ordinance 97--61 to Thursday, September 25, Regular
City Council meeting.
ROLL C3LIJ:
Mr. Tar-ach - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION C~ 5-O
97.208
Daraim~illi.a~.Request to Extend Ho~rs for Establishments.$ervirlg Alcoholic Beverages (City
~4anag~' Trananaitta[ 1t/21/97. Gillia.,-~ L~R¢'r 8/20/97. PD Memo 8/21/973
Thc City Manag~ reiterated his and the Chief of Polic~'s concerns and recommended it does not
se~a appropfiam to change thc hours.
Damian Gilliar-% p~eat~l his request for <eamd~ hours for sale of alcoholic beverages tn 2:00
and stated he had a petition with approxlm-t-ly 200 signatures.
Doris ?, Indian River County MADD and lh'esid~t of Stat, MAE)D, had previously distributed a
packet a~l reviewed it.
TAPE ii. SIDE II (9:32 p.m.)
Tut Connetly, 149 Kildare Eh'lye, Sebastian, addressed Council.
11
t~' City C~lcil
August 27, 1997
Page T~a
MOTION by Suilivaa/Taracka
I would so move that we d~fer Ordinaac~ O-97-$g to September 3, 1997.
gOuL CALL:
Mr. Barn~ - aye
Mr. Taracka -aye
Mrs. Cartwri/ht - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
Mayor Barnes cali~ __rece~__s at g'.7.5 p.m. and mconv,med the me~'ting at 8:37 p.m. All m~nbe~ were
pmsemt.
97.112
F'a~t Reading of Oi, itinance No. O-97-61 - Parking - Set $~.~d Readklggnd public ~'X~aring for
9/24/97 (Di.n~r of Community [k-velopm~t T~ttal ~-~ above. 0-97-57)
ANORD~tC~ OFTI~ CiTY OF SIilSASlIAH, INDIAN ~ COUNTY, FLORIDA, AMENDING ~ 98
OF ~ CODE OF ORDINANCES l~wr Al/NO TO SEC. 9g-1 DEFINITIONS, ~C. 9~-4 DRIVING ONTO MtiDIA/~,
SHOULDERS, ETC~ b'~C. 9~ O~ON ON ~C S~L GRO~, ~C. 9~ ~ ON ~
~ OF ~s, ~ 9~7 ~~, ~. 9~ D~ON OF ~ WAY ~, ~C. 9~32
~ HO~ OF ~ P~G, ~ TO OBi, ~C. 9~33 P~G ~ ~C
~, ~C. 9~ P~O ON ~ ~, ~C. 9~35 P~G ON C~ A~ ~C. 9~36
P~~~ D~ ~C. 9~37 D~ P~O, ~C. 9~2 D~O~, ~C. 9~3
~~N~ ~~~~ OF~ CODE ~r O~1~ ~O~
FOR COD~ON; ~O~G FOR CO~; ~O~ FOR ~~; ~O~ FOR ~
~ DA~
Th~ City Attorn~ read Ordinan~ No. 0-97-.61 by title and advised th~,t the tit. lc nc~Is to be chang:d
to ~ "Putpo~ of tlz Cocb of Ord/nancas~.
TIz Ding:tot of Community Ek-velopmant said if tim City int. emds to impose a $250 fmc, it must
:stablish a special fuad ami dqx~it ~ oftl~ amount ~ that fund improving hamti~pped
acc~%ffity and public a~ It was ttz ~m.s~mas of City Council to go with th~ $250 fine.
~ va:at to say that Florida Statut~ provides only for towbg on public property.
Dim:mr of Co,-,-tmity Devdopmeat r~:ommead~i chaag:s as follows:
Page 5 - "cit~"' rather than
Pag: 10 - "driva"' rathe' than "~ve" and add "withi." b~for: "eight"
Pag: I 1 - add "in writing they have" in li~ 7
Pag: g - kave as 48 hours
TAPE II - SIDE I (8:47 p.m.)
and rmove "unimproved"
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