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HomeMy WebLinkAbout01251995 City of Sebastian 1225 MAiN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 25, 1995 - 7:00 EM. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - No One Available 4. ROLL CALL 5. AGENDA MODIFICATIONS ,ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. PROCL;~IATIONS ~ND/OR .A~'NO~CEMENT.S,. 95.015 PG 1 PGS 3-6 PG 7 PG 9 w A. MARCH 14, 1995 ELECTION ~TTER$ Proclamation - Calling March 14, 1995 General Election RESOLUTION NQ.~.. R-95-01 - 3/14/95 General Election (city Clerk Transmittal dated 1/13/95, R-95-01) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 14, 1995, FOR THE PURPOSE OF ELECTING THREE (3) CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Formal Request for Supervisor of Elections for Indian River County to Conduct Election (City Clerk Transmittal dated 1/13/95) Appointment of Canvassing Board Members by City Clerk (City Clerk Transmittal dated 1/13/95) PUBLIC ~ FIN~%L AC~ The normal order of business for public hearings (Resolution No. R-88-32) is as follows: 95.016 PGS 11-15 * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action P__lease Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. R~SOLUTION NO. R-95-02 - Golf Course Rate Amendment - Decrease Non-Member Nine Hole Walking Rate (city Clerk Transmittal dated 1/19/95, R-95-02) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-94-46 PERTAINING TO GREENS FEES AT THE MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 8. QUASi-JUDICIAL HEARING Procedures for Quasi-Judicial Hearings as Follows (in accordance with R-94-54): - Mayor Opens Hearing - Clerk Administers Oath - Staff Presentation - Affected Parties May Question Staff - Applicant's Presentation - 15 Minutes - Proponents' Presentation - 3 Minutes* - Inquiry of Applicants - Opponents' Presentation - Affected 15 Minutes - Other 3 Minutes* - Inquiry of Opponents - Informational Testimony - 3 Minutes* - Inquiry of Informational Witnesses Mayor Closes Public Information Period Staff and Response Summary Applicant's Rebuttal - 10 Minutes Board and Staff Inquiry *If representing group of 5 or more - may take up to 10 minutes 94.248 A. P~S 17-20 ORDINANCE NO. O-94-13 - Airport Rezoninq Public Hearing Rescheduled from 12/7/94 (Director of Community Development Transmittal dated 11/29/94, O-94-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY LOCATED AT THE SEBASTIAN MUNICIPAL AIRPORT FROM IN (INDUSTRIAL DISTRICT) TO AI (AIRPORT AND INDUSTRIAL FACILITIES DISTRICT); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. 95.017 PGS 21-31 Bt Richard Fey - Request for Special Use Permit - Sandmining (Director of Community Development Transmittal dated 1/17/95, Application, Kerr Letter dated 10/18/94, Westerman Letter dated 10/27/94, Rushnell Letter dated 12/5/94, P & Z Memo dated 12/16/94, Plans Under Separate Cover) INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-i9 Limit of Ten Minutes for Each Speaker) 3 10. CONSEN2~ AGENDA PGB 33-52 94.260 PGS 53-57 95.014 PGS 59-60 95.018 PGS 61-64 95.019 PGS 65-74 Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 1/4/95 Special Meeting, 1/4/95 Workshop, 1/11/95 Regular Meeting RESOLUTION NO. R-95-03 - Henry A. Fischer & Sons - Indian River Tree Recycling and Mulch - Special Use Permit (City Manager Transmittal dated 1/18/95, R-95-03) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT TO HENRY FISCHER AND SONS, INC. FOR A TREE RECYCLING AND MULCH FACILITY ON APPROXIMATELY 22 ACRES OF LAND; FINDING THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE INDUSTRIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. ~ - Authorizing Expenditure Not to Exceed $5,000.00 - Riverfront Planning Project (R-95-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AN EXPENDITURE NOT TO EXCEED $5,000.00 FOR A RIVERFRONT PLANNING PROJECT, TO BE ADMINISTERED BY THE CITY MANAGER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Easy Street Bikepath Bids - Reject Ail Bids and Rebid Project (Engineering/Public Works Transmittal dated 1/13/95, Bid Tabulation, Bid Documents) Bid Waiver - Concrete Pipe Installation - Side Culvert Ditch - Southern Culvert - $8,824.24 (Engineering/Public Works Transmittal dated 1/10/95, R-93-35, Application and Agreement Forms) 4 95.020 PGS 75-77 95. 021 PGS 79-80 95.022 PGB 81-82 11. 12. PGS 83-86 95.024 95.025 13. 94.292 93.196 PGS 87-89 94.029 PGS 91-98 95.010/ 94°200 PGS 99-118 Sebastian River High School Athletic Department - Request Use of Sebastian Municipal Golf Course as "Home Course" - Practice and Match Play - 2-3 Times Per Week After 2:30 p.m. Through May 5, 1995 (City Manager Transmittal dated 1/18/95, SRHS Letter dated 12/16/94) Craft Club - Request Use of Riverview Park - 4/1/95 (4/2/95 Raindate) and 5/6/95 (5/7/95 Raindate) - Standard Conditions (City Clerk Transmittal dated 1/10/95, Deyter Letter) Sebastian Lions Club - Request Use of Riverview Park - Spring Steak Dinner - 4/8/95 - 3:30 p.m. to 6:30 p.m. - Standard Conditions (Director of Community Development Transmittal dated 1/17/95, Anderson Letter dated 1/11/95) PRESENTATIONS - None COMMITTEE REPORTS/RECOMMENDATIONS Handicapped Self-Evaluation Committee (Human Resources Transmittal dated 1/17/95, Nalepa Resignation Letter, Schum Application) 1. Accept Resignation of Susan Nalepa Appoint George Schum to Fill Unexpired Term to June 1996 OLD BUSINESS Consider Amendment to Schedule "B" of Airport Lease Between Charles Clay Price and City of Sebastian (City Manager Transmittal dated 12/1/94, Second Amendment to Lease) Charles Clay Price Request to Enter Into New Sublease with Skydive Sebastian, Inc./Andrew J. Grimwade (City Manager Transmittal dated 11/20/94, 11/28/94 Price Letter, Proposed Sublease, 10/3/94 Van Antwerp Letter, 1/26/94 Minutes Excerpt) Ce Approve Payment of Additional Asphalt Tonnage - Barber Street RR Crossing - Dickerson of Florida, Inc. - $3,782.00 - Postponed from 1/11/95 (Public Works/Engineering Transmittal dated 1/19/95, FEC Agreement, Specs, FEC Letters dated 6/17/94, 1/16/89, Cost Estimates) 95.026 PG 119 14. 15. 16. 17. 18. NEW BU__~_~_~ - None CITY COUNCIL MATTERS A. ~CarolYn corum 1. Abolish Motor-Voter Bill (Corum Transmittal dated 1/19/95) B. Mrs. Norma D_~ C. Mr.. Robert ~ D. Mr. Frank Oberbeck E. Ma__ay_q~Ar~hur Firtion CITY ATTORNE~ MATTERS CITY~ER MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 6 I ELECTION I I-ROCLAMATION ~HERE~S, Section 4.05 of the Charter of the City of Sebastian, Indian River County, Florida requires that all elections shall be called by a proclamation of the Mayor; and WHERF~S, the current terms of three City Council ' members are scheduled to expire in March 1995; and NOW, THEREFORB, I, Arthur L. Firtion, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, do hereby proclaim that a general election of the City of Sebastian for the three City Council offices and a certain referendum question will be held in the City of Sebastian on the 14th day of March, 1995. IN NITNES8 WHEREOF, I have hereunto set my hand and affixed the seal of the City of Sebastian this 25th day of January, 1995. ATTEST: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAiN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA FORM SUBJECT: March 14, 1995 General Election * Resolution No. R-95-01 APPROVED FOR SUBMITTAL BY: city Manager: ~%~ ) Agenda No. ) ) Dept. Origin city Clerk ) ) Date Submitted ..1/.13/95 ) ) For Agenda Of 1125/95 ) ) Exhibits: R-95-01 EXPENDITURE AMOUNT REQUIRED: N/A BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATE ..ME. NT In accordance with Section 4.07 of the Charter of the City of Sebastian, The City Council shall adopt a Resolution, upon the calling of an election, stating therein where the election shall be held, and naming the different offices to be filled, or questions to be decided..." RECOMMENDED ACTION Move to adopt Resolution No. R-95-01. \ws-min\agl RESOLUTION NO. R-95-01 A RESOLUTION OF THE CITY OF SEBASTIAN, INDI~ RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 14~ 1995, FOR THE PURPOSE OF ELECTING THREE (3) CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor of the City of Sebastian has called, by proclamation, a General Election to be held within the City of Sebastian, Indian River County, Florida on Tuesday, March 14, 1995. WHEREAS, Section 4.07 of the Charter of the City of Sebastian, Florida, requires the City Council of the City of Sebastian to adopt a Resolution upon the calling of an election designating polling places, offices to be filled and questions to be decided; and WHEREAS, Section 2.03 of the Charter of the City of Sebastian, Florida, calls for the election of two (2) council members on the second Tuesday in March of each even-numbered year and of three (3) council members in each odd-numbered year; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows: Section A- CALLING OF THE ELECTION. An election will be held within the City limits of the City of Sebastian, Indian River County, Florida, on Tuesday, March 14, 1995. Section 2. POLLING PLACES. The four polling places for the City of Sebastian are as follows: A. Precinct 12 ........ The Sebastian Community Center 1805 North Central Avenue B. Precinct 14 ........ First Church of the Nazarene 50 South Wimbrow Drive C. Precinct 15 ........ The North Indian River County Library 1001 Fellsmere Road (CR 512) D. Precinct 16 ........ Sebastian Elks Lodge #2714 731 South Fleming Street Section 3. ELECTION OF OFFICERS. The terms of three (3) Council members will expire in March 1995, therefore, in accordance with Section 2.03 of the Charter of the City of Sebastian, Florida, a general election will be held to elect three (3) Council members for terms of two (2) years, commencing on March 20, 1995. Section 4. NOTICE. Notice of this election has been published in accordance with Florida Law. Section 5. REPEAL. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 6. EFFECTIVE DATE. This Resolution shall take effective immediately upon its adoption. The foregoing Councilmember Councilmember the vote was as follows: Resolution was moved for adoption by The motion was seconded by and, upon being put to a vote, Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland Councilmember Frank Oberbeck The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1995. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Clifton A. McClelland, Jr. city Attorney 3 City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA FORM SUBJECT: March 14, 1995 General Election * Formal Request for Supervisor of Elections to Conduct Election APPROVED FOR SUBMITTAL BY: City Manager: ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: None City Clerk 1/13195 1/25/95 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMM.ARY STATEMENT In accordance with Section 4.07 of the Charter of the City of Sebastian, "The City Council, in conjunction with the city clerk, shall make all necessary arrangements for holding all city elections and shall declare the results thereof.". Ann Robinson, Supervisor of Elections for Indian River County, historically has been the coordinator of all elections within Indian River County. As in the past, Mrs. Robinson will need a formal request from the City of Sebastian for her office to administer the election. I will be requesting payment to the Supervisor of Elections subsequent to the election, when a breakdown of costs and billing is received. Election costs will be shared by those municipalities conducting elections in March. RECOMMENDED ACTION Move to formally request the Supervisor of Elections for Indian River County to administer the March 14, 1995 General Election. \ws-min\ag3 City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT= March 14, 1995 General Election * Appoint Canvassing Board APPROVED FOR SUBMITTAL BY: city Manager: ) Agenda No. /~.v,'-- ) ) Dept. Origin city Clerk ) Date Submitted 1/13195 ) ) For Agenda Of 1/25/95 ) ) Exhibits: None EXPENDITURE AMOUNT REQUIRED: N/A BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT In accordance with Section 4.08 (a) of the Charter of the City of Sebastian, "If the city is not holding its election as a part of the election for Indian River County, Florida, the city clerk shall appoint a city canvassing board to be composed of three (3) individuals; one (1) member shall be the city clerk and the remaining two (2) members shall be appointed by the city clerk. The city clerk shall act as chairperson of the city canvassing board." Historically one City Council member who is not running for election has served on the Board. I have requested the Deputy city Clerk to act as a member and would request Mayor Firtion to act as the third member. RECOMMENDED ACTION No City Council action is required, except the concurrence of Mayor Firtion. if Mayor Firtion is unable to serve I would request that Vice Mayor Corum fill the position. \ws-min\ag2 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA FORM SUBJECT: Resolution No. R-95-02 - Golf Course Rate Amendment - Public Hearing APPROVED FOR SUBMITTAL BY: City Manager: ~ )) Agenda No. ) Dept. Origin City Cler ) ) Date Submitted 1/19/95 ) ) For Agenda Of 1/25/95 ) ) Exhibits: R-95-02 EXPENDITURE AMOUNT REQUIRED: N/A BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Council concurred with a recommendation to decrease the non-member nine hole walking fee. Section 74-33 of the Code of Ordinances requires adoption of a resolution following a public hearing to amend Golf Course rates. RECOMMENDED ACTION Conduct the public hearing and, upon its close, adopt Resolution No. R-95-02. RESOLUTION NO. R-95-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-94-46 PERTAINING TO GREENS FEES AT THE MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 74-33 of the Code of ordinances of the City of Sebastian provides that modifications of golf course rates shall be established by resolution of the City Council following one public hearing; and WHEREAS, on September 21, 1994 the City Council adopted Resolution No. R-94-46 establishing golf course fees and policies for the period of December 15, 1994 to December 14, 1995; and WHEREAS, the City Council determined it was necessary to decrease non-member nine-hole walking fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. to read as follows: "~ECTiON 3. Section 3 of Resolution No. R-94-46 is amended NON-MEMBER DAILY RATES. including greens fees and golf cart fees, Municipal Golf Course are hereby established as follows: Non-member rates, for the Sebastian Ride 18 Holes Ride 9 Holes Walk 18 Holes Walk 9 Holes Ride 18 Holes Ride 18 Holes Ride 9 Holes Ride 9 Holes Special Cards Walk 18 Holes Walk 9 Holes NON-MEMBE~ DAILY P~TES SEASON DECEMBER 15~ 1994 to APRIL 15, 1995 Range $23.00 - $30.00 $14.00 - $17.00 $20.00 - $25.o0 $~6=ee---e~e=ee $i2.00 - $i4.00 Resident Card, $2.00 - $5.00 Discount Does Not Apply On Any Specials OFT SEASON APRIL 16, 1995 to DECEMBER 14t 1995 Range $10.00 - $17.00 $ 9.00 - $13.00 $ 7.00 - $11.00 $ 6.00 - $10.00 $10.50 - $13.50 $ 7.00 - $10.00 $ 5.00 - $ 8.00 2 Conditions Ail Day - Everyday After 1:00 p.m. When Tee is Open After 11:00 a.m. Weekdays After 1:00 p.m. Weekends & Holidays After 1:00 p.m. When Tee is Open Conditions 7:00 a.m. - Noon After Noon Before 5:00 p.m. After 5:00 p.m. All Day Weekdays After 12:00 p.m. Weekends & Holidays All Day Weekdays After 1:00 p.m. Weekends & HOlidays All Day Weekdays After 1:00 p.m. Weekends & Holidays WEEKDAYS GROUP RATES WEEKENDS & HOLIDAYS $ 9.OO - $15.00 JR. GOLF REGISTRATION $10.00 $14.00 - $18.00 LEAGUES $ 6.50 - $ 7.50 Club Rental Range Balls Jr. Bucket Handicap Fee Ail of the above $ 7.50 (9 Holes) $15.00 (18 Holes) 1.50 Sm. Bucket 3.00 Lg. Bucket .25 Sm. Bucket .50 Lg. Bucket 12.00 Per Person (Yr. Beginning 10/1/94) are subject to 7% sales tax." SECTION Z. REPEAL. Ail Resolutions or parts of Resolutions in conflict herewith are repealed. SECTION 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. EFFECTIVE DATE. effect immediately upon its adoption. This Resolution shall take The foregoing Resolution was moved for adoption by Councilman Councilman the vote was as follows: · The motion was seconded by and, upon being put to a vote, Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland Councilmember Frank Oberbeck This resolution was duly passed and adopted by the City Council of the City of Sebastian, Indian River County, Florida, at its regular meeting on the day of , 1995. CITY OF SEBASTIAN, FLORIDA ATTEST: by: Arthur L. Firti°~, Mayor Kathryn M. O'Halloran, CMC/AAE (Seal) I HEREBY CERTIFY that notice of public hearing on this Resolution was published in the Vero Beach Press Journal on the day of , 1995, that one public hearing was held on this Resolution at 7:00 p.m. on the__day of , 1995, and that following said public hearing, this Resolution was passed by the City Council. Kathryn Mo O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Clifton Ao McClelland, Jr. city Attorney City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 SUBJECT: ORDINANCE 0-94-13 PUBLIC HEARING REGARDING REZONING OF CERTIAN AIRPORT PROPERTY FROM IND TO AI Approval for Submittal By: City Manager ~' Agenda Number: Dept. Origin: ~ojmmunity Development Date Submitted: !1J29/94 For Agenda Of: 12~07/94 Exhibits: Ordinance O-94-13 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY .STATE~E.~ At its regular meeting of October 26, 1994 the City Council approved the first reading of Ordinance O-94-13 and the set the public hearing for December 7, 1994. RECOMMENDED A~TION Move to adopt Ordinance O-94-13. O DIN CE ~ ORDINANCE OF THE CITY OF SEBASTIAN, INDIi~ ~ONIN~ CERTaiN PROPERTY ~C~TED ~T T~ SEB~TI~ M~ICIP~ AIRPORT FROM IN (I~USTRIAL DISTRICT) TO AI (AIRART I~USTRIAL FACILITIES DISTRICT)~ PROVIDIN~ FOR ~D PROVIDING ~ EFFECTI~ DATE. WHEREAS, the Airport Master Plan was adopted by the City of Sebastian~ and WHEREAS, the current zoning plans except for a strip of land which is described in this Ordinance; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in Section 20A-11.6 of the Land Development Code together with th~ reco~ended findings and recommendations of its staff and Planning and Zoning Co~ission; and WHEREAS, the City Council of the City of Sebastian, Florida, has determined that the requested change in zoning should be made in the public interest to provide the property described in this Ordinance is zoned in accordance with the Airport Master Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTI~, iNDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. That the change in zoning classification created by the adoption of ~his Ordinance shall apply to the following described real property: A PARCEL OF LAND LYING IN SECTION 29 OF THE FLEMING GRANT BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID SECTION 29; THENCE S 44°09'59'' E, 818.81 FEET TO THE CENTERLINE OF ROSELAND. ROAD; THENCE N 04°37'30'' W ALONG SAID CENTERLINE 514.65 FEET; THENCE S 89°57'45'' E, 644.46 FEET TO THE POINT OF BEGINNING; THENCE N 00°02'15'' E, 1936.00 FEET; THENCE S 89°57'45'' E, 425.00 FEET; THENCE S 00°02'15" W 3970.00 FEET; THENCE N 89°57'45'' W 425.00 FEET; THENCE N 00°02'15 E, 2034.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,687,250 SQUARE FEET OR 38.73 ACRES, MORE OR LESS. SAID PROPERTY BEING LOCATED IN INDIAN RIVER COUNTY, FLORIDA. Section 2. DISTRICT. That the real property described in this Ordinance is hereby rezoned from IN (Industrial District) to City Zoning District AI (Airport and Industrial Facilities District). The official City Zoning Map shall be amended to reflect this change in zoning district. Section 3. CO~rFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILI?Y. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. This Ordinance shall become effective immediately upon its adoption. /~ The foregoing Ordinance was Councilmember by Councilmember into a vote, the vote was as follows: moved for adoption by The motion was seconded and, upon being put Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Francis J. Oberbeck The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1994. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney City of Sebastian 1225 MAIN STREET n SEBASTIAN. FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: PUBLIC HEARING ON SPECIAL USE PERMIT (SANDMINING) FOR RICHARD FEY Approval for Submittal By: City Manager ,,Q~/~ ) Agenda Number: ) ) Dept. Origin: Community Development ) ) Date Submitted: 1~17/95 ) ) For Agenda Of: 1/25/95 ) ) Exhibits: ) ) 1. Special Use Permit application ) 2. Letter dated October 18, 1994 ) from William Kerr ) 3. Letter dated October 27, 1994 ) from Wayne Westerman ) 4. Letter dated December 5, 1994 ) from Devon Rushnell ) 5. Memorandum dated December 16, ) 1994, from Planning and ) Zoning Commission ) 6. Plans for sandmining EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY $.TATEMENT The City of Sebastian has received an application from Richard Fey to initiate a sandmining operation in order to remove an over-burden of sand that is on the property. The project is located in the southeast section of the city, on the west side of Old Dixie Highway, and approximately 410' feet south of woodmere Road. The city has previously approved this property for a sandmining operation but, the previous owners never activated the permit. The City of Sebastian did obtain the services from Masteller & Moler, Inc. to provide consulting engineering for the review of this site plan. Mr. Rushnell (Masteller & Moler) has indicated in his letter, ~ Public ~earing for Richard Fey City Council Meeting Page Two December 5, 1994, his recommendation to approve the Special Use Permit for the sandmining operation. Staff and the consulting engineer finds that the proposed site plan meets all the requirements of the Land Development Code except Section 20A-5.3(d)(5) which requires all slopes and banks be sloped at a ratio not steeper than 3 feet horizontal to 1 foot horizontal and, graded, grassed and stabilized. The proposed plan is to have the banks to be seeded pursuant to F.D.O.T. standards. Staff would have no objection to the proposed seeding provided the performance bonds are not released until all banks are stabilized to prevent any erosion. At its regular meeting of December 15, 1994, the Planning and Zoning Commission passed a motion recommending to the City Council the approval of the Special Use Permit subject to the following: l) Adjacent residential properties shall be screened properly from the sandmining operation in accordance with Section 20A- 5.30(c)(5) of the Land Development Code. 2) A safety and security plan for the operation be initiated. Written authorization from U.S. Fish and Wildlife Services received. 4) Traffic entering the property from Georgia Boulevard shall be prohibited. With regards to the condition from Planning and Zoning Commission on the screening of the adjacent residential properties, staff has determined that the only residential property to the south consist of 270' in depth from Old Dixie Highway to the east. The conservation area for Fish & Wildlife will be adequate to provide sufficient screening to the residential property to the east (Sebastian Highlands). The engineer of record for the applicant has indicated that they will have written approval from Fish & Wildlife regarding the conservation area as depicted on the site plan. Please be advised that the plans in your packet are the same plans reviewed by staff, engineer, and the Planning and Zoning Commission. RECOMMENDED ACTION Move to approve the City Attorney to draft a resolution approving the sandmining permit subject to the conditions outlined by Planning and oning. AI~PLICAT1ON FOR ~gt'ECiAL USE PEIIHIT In accordance with Section 2Uh-2.6, Laird Dev~lopm~.t Cod~, the zoning regulabio~, all suoh u~e~ shall not be otherwise illegal, a~d ~hall not be specifically ptohib~ted pursuant to comprehensive pl.n ~r o~het applicable l~w ~ ~eguls~ions. The City Council ~hall not gr~nt any s~ecial u~e permit 1~ The grantl.9 of the permit w~ll not be detrimental to the public safety, health or welfare or be Injurious to other properties or improvements within the vlcin~.ty in whloh the property i~ located; and 2) The use requested lB conslgtent with the purpose and intent of the respective district, and can be demonstrated to be similar ~n nature an8 compatib].~ with the Uses allowed in suc])dJ~trict. The fee ~or a special use permit ts $150 (established by Resolution No. R-BB-0g), In addition ~he applicant must provide the City Clerk's off,os with a list of the gur~oun~ing property owners within a 200' tadkus o[ the ~object proper%y along with the appropriate e~rtified return receipt mail'n9 f~e (currently $2.29 for U.S, mallins). ADDRESS OF SUBJECT PROP~RT~ O~Q ~1X1~ DESCRIPTION or SUBJECT PROP~,RTY:~ ,~'~T/N~'~P~j~- ~Dy_ ZONING OF SUBJECT PROPEnTY' REASON FOR REQUEST FOR SPECIAL USE PI~.B/'IIT:~~ " ' T~B BUILD'lNG OFFICIA5 HAY REQUIRE ADDITIONSL BACKUP iNFORMATION FOR CERTAIN Fd~QDESTS ,o Date b:speouse.apP OCT :3] 'ga I~:31RI~I CITY OF SEBA'_--;TIAI'I F'..3 3 WAIVER AND CONSENT I/We, the owner(s) of the property located at Sebastian, Indian River County, Florida, (the ',Property"), hereby authorize ~h and every member of the Board/CoAu~ls'~ion of the city of ~ebastian (the ,,Board,,/"Commission") to physically enter upon the property and view the Property in connection with my/our pending (the "Prooeeding"). I/We hereby waive any objection or defense I/we may have, due to the ~ua~i-judicial nature of. the proceeding, resulting from any Board~commission member entering or viewing the property, inclhding any claim or assertion that my/our procedural or substantive due process rights under the Florida Constitu}ion or the. United States Constitution were violated by such entering or viewing. This Waiver and Consent is being signed by me/us voluntarily and not as a result of any coercion applied, or promises made, by any employee, agent, contractor or official of the City of Sebastian. Dated this Z7 +~ day of O=TOD~-- ~ ~,, 199q+. My Commission Expires~ before me this day of B. I,<. I., lNG. AGRICULTURAL AND ENVIRONMENTAL CONSULTING October 18, 1994 {~....~i WILt JAM W. KERR R. Wayne Westerman, Jr., P.E. 1835 20th Street Veto Beach, FL 32960 RE: Richard Fey Property: Section 7, Township 31 South, Range 39 East, Indian River County B.K.I., Inc., Job t;9451 Dear Mr. Westerman: We have been in negotiations with Mr. Brian Toland of the U.S. Fish and Wildlife Service (Service), regarding the above referenced property. It is the Servlce's opinion that the southwest corner (see enclosed map) of this site is within the territory of at least one family of Florida scrub jays (Aphelocoma coerulescens coerulescens). The Florida scrub jay is listed as "threatened" under the Endangered Species Act by both the Florida Game and Freshwater Fish Commission and the U.S. Fish and Wildlife Service. This listing means that the Florida scrub jay and it's habitat: is protected by both State of Florida and the Federal Government. In order to avoid a "take" of this listed species, our office has been working with the Service representative Mr. Brian T61an,J. During our discussions it has been determined that, if the southwest corner of the site is not cleared and it's habitat is enhanced by the transplanting of the scrub oaks scattered throughout the rest of the property, that these actions will avoid the "take" of the habitat of identified family of Florida scrub jays. This avoidance _will allow the development of the rest of the subject property, without the necessity of obtaining a Section. l0 (a) (1) (b) Habitat Conservation Plan <HCP) al. low{n8 the "take" of th~s family of Florida scrub jays. Even though we have obtained a "working agreement" with the Service representative, NO clearing can be initiated until written authorization from the Service is received. This written authorization is expected to be recelved within the month of October. We trust ~hat this is all the information that you required, and we will forward you written authorization from the Service as soon as it is received. If you should have any questions, please contact us at 3our earliest convenience. William W../Kerr President cc: Richard Fey 325 FIFTH AVENUE, SUITE 208 - INOIALANTIC, F'LOI-{IDA 32903 (407) f)51-7~(½4 ~'AX (407) R. WAYNE WESTERMAN, professional engineer 183.5 20th street October 27, 1994 Mr. Bruce Cooper, Building Official CITY OF SEBASTIAN 1225 Main Street Sebastian, Florida 32958 OR. ' i '. - veto beach, florida 32960 - (407) 778-5887 fax: (407) 778-5827 I I I I Richard Fey Special Use Permit for Sand Mining Project No. 48-9404 Dear Mr. Cooper: We are transmitting herewith a Special Use Permit for Richard Fey for a sand mining operation located on his property on 0Id Dixie Highway. In your review of the Application we offe~ the following information to aid you in your review: The proposed sand mining is necessary due the amount of material that must be removed in order to develop the site for future industrial use. The total estimated quantity to be removed is 37,978 cubic yards. The lowest proposed elevation will not be below elevation 25.00 nor belOw the lowest elevation of adjoining property owners. The survey attached does not reflect the present sand mining operation in progms.s at this time on the property directly North. The estimated final elevation of that Operation is 25.00. The lowest elevation on Mr. Fey's property is elevation 21.00 and occurs along the south property line. The total volume of excavated material does not exceed the St. Johns River Water Management District threshold for permitting of 40 acre feet ~,533 cubic yards) and therefore no permit is required. ~& Please refer to the attached letter from William Kerr ofB.K.I, refering to the Scrub Jay issue. Mr. Brian Toland of the U.S. Fish and Wildlife Service has been in contact with Mr. Kerr to reach an agreement as to the extent of Scrub Jay habitat located on the site. Mr. Fey has agreed to relocate scrub oak in the area to be cleared to enhance the proposed conservation area. We have delineated that area on the drawings generally conforming to the area designated by Mr. Kerr. Mr. Brian Toland has given Mr. Fey permission to continue the clearing operation on his site. It is anticipated that a final determination will be issued by Mr. Toland Mr. Bruce Cooper, Page 2 October 27, 1994 within two weeks of the application. If other issues may arise, we will notify you as to their content. Also included are signed and sealed drawings showing the existing conditions and the final contours. Cross sections have also been provided that show the extent and depth of the proposed excavation at the site. The site is located on the Atlantic Ridge and is well drained. There will be no impact to the existing drainage patterns as a result of this operation. Mr. Fey proposes to operate between 7:00 A.M. and 5:00 P.M. Monday through Friday. He also requests that special exception be given to operate on Saturdays. Hours to be dependent upon Staff review and comments. Mr. Fey proposes to provide a surety bond or cashier's check for the compliance bond. No mining is planned with the west 150' of the property, since part of this area is in a conservation area and no mining area. We proposed that this 150' strip be allowed as the "A" Buffer. The 150' strip will reduce noise impacts. We request the a waiver be granted for the 150' side setback. No clearing or excavation shall occur within 5' of property lines. Slopes shall not exceed 3:1 and shall be mulched for erosion control. These provisions are provided to prevent damage to adjacent property. Mr. Fey does plan to enter into an agreement with the North property owner to remove the ridge common to their property at a later date. This will bring both properties to the same elevation. 10. This mining will not create a body of water. 11. The maximum property site is 11 acres and the mining area will not exceed 5 acres. 12. It is anticipated that the mining operation will be completed in one (1) year. 13. Mr. Fey understands the operating conditions of the Code and will furnish a memorandum of understanding with the Compliance bond. 14. No hard rock mining, blasting, crunching, or operations associated with rock mining shall be performed. This letter shall be made a part of and attached to the application. If you need any other information please do not hesitate to contact us. Mr. Bruce Cooper, Page 3 October 27, 1994 · P.E. Enclosures: Property Owners within 200' radius Warranty Deed of Site Plans B.K.I. Correspondence Application and appropriate fees I Director of Community Development I City of Sebastian 1225 Main Street i Sebastian, Florida 32958 Review of Sand-Mining Permit Old Dixie Highway Property Sebastian, Florida MM Project: 9487VA Dear Mr. Cooper: As requested by your office in a letter dated November 3, 1994, Masteller & Moler, Inc., has performed a review for above referenced sand-mining permit. PROJECT INFORMATION Information concerning the referenced sand mining permit was furnished to our office during the period of November 7 and December 2, 1994, by Mr. Cooper of the City of Sebastian. Specifically, Mr. Cooper provided our office with a copy of the "Application for Special I. Jsc Permit," dated October 27, 1994 endorsed by the applicant, Mr. Richard Fey. In addition, wc were furnished wilh the following revised plan, sheets; each prepared by Mr. R. Wayne Westerman, P.E., dated November 30, 1994. SHEET NO. lof5 2 of 5 3 of 5 4 of 5 5 of 5 TITLE Existing Site Topography Finished Grad Cross-Sections Cross-Sections Cross-Sections PROJECT NUMBER 48-9402 48-9402 48-9403 48-9403 48-9403 1623 N. U,$. Highway 1. Suite B2 Sebastian, FL 32958 (407) 589-4800 (4o7) 589-2742 Fax '7380 Murrell Road. Suite 106 Melbourne. Florida 32940 (407) 255-1175 ~ (407) 253-4439 Fax REVIEW COMMENTS The plans indicate that the exposed excavated surface will be seeded only. The land development code direels that the sloped areas be graded, grassed and stabilized [Section 20A~5.30(d)(5)]. 1! is recommendod that the sloped surfaces (3:1 H:V) be sodded and appropriately stabilized to prevent soil erosion. Given clarification of the above item, we recommend that the project be forwarded to the planning board for approval. We appreciate the opportunity to serve as your consulting engineer. assistance please do not hesitate to contact our office. Eerely, ~LLER Vice President LER, INC. ;11, P.E. revard Operations If we can be of any further DSP, Jkh (40~) City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 MEMORANDUM DATE: FROM: REFER~NCE~ December 16, 1994 Mayor, City Council Dorri Bosworth, Secretary Planning and Zoning Commission Special Use Permit - Sandmining Richard Fey, Old Dixie Highway At its regular meeting of December 15, 1994, the Planning and Zoning Commission passed a motion 5-2 recommending to City Council the approval of a special use permit for a sandmining operation by Richard Fey. The project is to be located in the southeast section of the City on the west side of the right-of-way of Old Dixie Highway and approximately 410 feet south of Woodmere Road. The above recommendation is based on the provision that the following conditions shall be made prior to issuance of a notice to proceed: 1. Adjacent residential properties shall be screened properly from the sandmining operation in accordance with Section 20A-5.30(c)(5) of the Land Development Code. 2. A safety and security plan for the operation be initiated. 3. written authorization from U.S. Fish & Wildlife Service is received. 4. Traffic entering the property from Georgia Boulevard be prohibited. The Planning and Zoning Commission, after their review of this application, have met the Findings of Fact as outlined in Section 20A-2.6(B) of the Land Development Code. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, JANUARY 4, 1995- 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. No public input shall be allowed at, a special meeting, other than during a scheduled public hearing, if any, unless otherwise provided in the meeting call. (R-93-] 9J PURPOSE: A. Continuation of Quasi-Judicial Hearing from 12/7/94 for Indian River Tree Recycling and Muloh - Request for Special Use Permit Sebastian Lakes Service Area Agreement Bid Waiver - Pine Street Resurfacing Mayor Firtion called the Special Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Clifton A. McClelland, Jr. Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Special City Council Meeting January 4, 1995 Page Two 94.260 QUASI-JUDICI~ HEARING Procedures for Quasi-Judicial Hearings as Follows (in accordance with R-94-54): - Mayor Opens Hearing - Clerk Administers Oath - Staff Presentation - Affected Parties May Question Staff - Applicant's Presentation - 15 Minutes - Proponents' Presentation - 3 Minutes* - Inquiry of Applicants - Opponents' Presentation - Affected 15 Minutes - Other 3 Minutes* - Inquiry of Opponents - Informational Testimony - 3 Minutes* - Inquiry of Informational Witnesses - Mayor Closes Public Information Period - Staff Response and Summary - Applicant's Rebuttal - 10 Minutes - Board and Staff Inquiry *If representing group of 5 or more - may take up to 10 minutes Indian River Tree Recyclinq and Mulch - Request for Special Use Permit - Continuation (Director of Community Development Transmittal dated 11/29/94, Application, 10/10/94 P & Z Memo, 8/30/94 Dietz Memo, 8/5/94 Boling Memo, 8/3/94 Petty Memo, 8/2/94 Johns Memo, Plans Under Separate Cover) Mayor Firtion advised that the hearing will continue with "Board and Staff Inquiry"; and the City Attorney · advised on procedures and noted that those people who offered testimony on December 7, 1994 are still under oath. The Director of Community Development responded to I Mrs. Damp's inquiry relative to whether there was any reason to deny the request. Following a brief explanation of Special Use criteria he noted that the noise level reported during Robert Walker's testimony would be in violation of the Land Development Code. Mr. Freeland inquired about the definition of "temporary" as it applies to Special Use Permits, whether conditions imposed on a previous applicant for Special Use Permit should be imposed for all applicants and submitted a letter relative to conditions based imposed for the Fey mulch permit request (see attached). The city Attorney responded that it is up to City Council to decide the merits of Special City Council Meeting January 4, 1995 Page Three those conditions based on the application and whether those conditions will substantially secure the objectives and intent of the zoning regulations and other components of the city's land use development controls, and suggested that all new materials be submitted to all substantially affected parties prior to conclusion of the hearing. Mayor Firtion called recess at 7:20 p.m. and reconvened the meeting at 7:32 p.m. Ail members were present. The letter to which Mr. Freeland referred was distributed to all affected parties who requested a copy and Mr. Freeland recommended striking items one, four, six and eight in the subject letter. Warren Dill, representing applicant Henry Fischer, opposed these procedures for establishing conditions due to the differences in the subject sites; remarked on each condition listed in the letter; and said another consultant had been hired to conduct a computer study to further review noise levels with buffers in place. Mr. Oberbeck suggested fencing the area of the mulching operation and Mr. Dill noted that there is 24 hour security on-site and that the berm will further deter access. Mr. Oberbeck suggested fencing the north side of the site. TAPE I - SIDE II (8:00 p.m.) Charles Cramer, employee of Fischer & Sons, Inc., addressed City Council noting that the grove area to the north will be left as is, providing a deterrent and buffer. Mr. Freeland inquired why the request is for a temporary use. Mr. Dill responded that the property is too valuable to be considered for permanent use as a mulch facility. The City Clerk administered an oath to Patricia K. Rykowski, Project Engineer with Harding, Lawson Associates, 4763 South Conway Road, Orlando, Florida, responsible for managing consulting engineering projects in areas of air, noise, pollution, hazardous waste, incineration, with a BS in mechanical engineering and seven years experience, testified 3 Special City Council Meeting January 4, 1995 Page Three relative to a computer generated noise study of the subject site. Mr. Dill submitted a noise comparison chart and requested it be entered into the record as Exhibit 6. Mayor Firtion accepted this into the record. Ms. Rykowski reviewed the results of the "Comparison of Measured Sound Levels with Noise Criteria" and said, in her professional opinion, that the sound levels generated by the proposed mulching equipment will meet the sound level limit of the City of Sebastian Land Development Code Section 20A-7.4 (G)(9) and will not be detrimental to the public health, safety and welfare, noted that she used noise measurements from Empire Engineering for her study, and stated, when shown a copy of the site plan previously submitted to City Council, it does not show the berms as indicated to her by Henry Fischer. Mr. Dill stated that an additional cross section site plan was ready for submission, which was then entered as Exhibit 7. Henry Fischer, 755 South Fischer Circle, Sebastian, said the berm on the north side will be moved back 600 feet and placed between piles of debris, and the grove on the north side will be left as is. Mr. Fischer agreed to a fence on the north side adjacent to Concord from FEC to Gilson Street. Charles Cramer said he concurred with a twenty foot space between debris piles and fire access between the berm on the east side and the mulch piles. In response to Vice Mayor Corum, Ms. Rykowski reiterated results of the computer noise study. TAPE II - SIDE I (8:45 p.m.) Mayor Firtion called recess at 8:50 p.m. and reconvened the meeting at 8:54 p.m. Ail members were present. Henry Fischer reiterated his commitment to erect a fence on the north side of the property from FEC right-of-way to the existing fence on the west side. Discussion continued on the best location and type of fence. 4 Special City Council Meeting January 4, 1995 Page Five Mr. Oberbeck requested a revised site plan be submitted to Planning and Zoning and City Council and discussion followed relative to the need for a revised site plan submittal. The City Attorney noted that a recommendation of Planning and Zoning was for the applicant to go through the site plan process. Mr. Oberbeck was excused from the meeting at 9:12 p.m. due to an emergency. The Director of Community Development suggested that the revised site plan be brought back to City Council with the resolution. Vice Mayor Corum disclosed, for the record, that someone called her and suggested a thirty day temporary permit, inquired whether they could speak tonight, inquired whether anyone was aware of any shooting in the area and was asked tonight if anyone was aware "it was a one-way road". The City Attorney recommended that the City Council articulate any conditions which should be attached to the approval of the permit and instruct him to return to Council with a resolution which contains the conditions. MOTION by Freeland/Damp I move to direct the Attorney to draw up a resolution approving the application with conditions described (as follows): Conditions (see letter from Richard Torpy to Joel Koford submitted by Mr. Freeland attached): Item #1 - was deleted' Item #2 - The City Attorney suggested - "provide hard surface parking facility as delineated in the site plan" - Council concurred Item #3 - was deleted Item ~4 - was deleted item #5 - regarding a performance bond - Council reached a tie (no) vote Item #6 - was deleted Item #7 - required item #8 - was deleted Item #9 - included 5 Special City Council Meeting January 4, 1995 Page Six TAPE II - SiDE II (9:33 p.m.) Item #10 - City Attorney suggested the applicant will perform any grading of the site as required pursuant to the site plan - Council concurred Item #11 - provide on "north" side of property Item #12 - provide fence on "the northern property line of the site from east to west along Concord" Item #13 - was deleted Item #14 - included Item #15 - included Following some discussion, it was the consensus of City Council to require site plan approval by Planning and Zoning to ensure that conditions imposed are added to the revised site plan. Warren Dill stated, for the record, the applicant disagrees with that requirement. The City Attorney reviewed conditions. MOTION by Freeland/Damp I move to amend the motion to approve the conditions as outlined by the City Attorney. MOTION TO AMEND ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - absent Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 4-0 (Oberbeck - absent) MAiN MOTION ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - absent Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 4-0 (Oberbeck - absent) Mayor Firtion called recess at 9:55 p.m. and reconvened the meeting at 10:00 p.m. Mr. Oberbeck had been previously excused. 6 Special City Council Meeting January 4, 1995 Page Seven N~ BUSINESS 95.001 A. 95.002 Interloca% Aqreement - city of Sebastian/indian ~ ~ Re: Sebastian Lakes Service Area (Direr%or 9.f community Development Transmittal dated 12/29/94, Proposed Aqreement~ The city Manager stated that the Indian River County Commission approved this agreement on January 3, 1995, the agreement being the result of the utility agreement between the City of Sebastian and Sebastian Lakes from February 1994. MOTION by Damp/Corum I move to approve the Interlocal Agreement between the City and the Indian River County wastewater system to Sebastian Lakes. ROLL CALL: Mr. Oberbeck - absent Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-0 (Oberbeck - absent) Bid Waiver - Pine Street Resurfacinq - Sole Source - Hi-Tech Reclamation ~ $4,505.00 - Marianna A_~phalt ~ ~2,156.00 (Engineerinq/Public Works Transmittal dated 12/28/94) The City Manager briefly explained the request for bid waiver. Discussion took place on the drainage system on Pine Street. MOTION by Freeland/Damp I move to approve the bid waiver to Hi-Tech Reclamation in the amount of $4,505 and to Marianna Asphalt for asphalt oil in the amount of $2,156. ROLL CALL: Mayor Firtion - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - absent MOTION CARRIED 3-1 (Oberbeck absent, Corum - nay) 7 Special City Council Meeting January 4, 1995 Page Eight e Being no further business, Mayor Firtion adjourned the Special Meeting at 10:07 p.m. Approved at the Meeting. , 1995, city Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 8 City of Sebastian 1225 MAIN STREET [::] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589*5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, JANUARY 4, 1995 CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) Introduction of New Business from the Public shall not be allowed at City Council Workshops (R-93-19). Mayor Firtion called the Workshop to order at 10:07 p.m. 2. No Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck (excused) Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Clifton A. McClelland, Deputy City Clerk, Sally Maio Jr. Special City Council Meeting January 4, 1995 Page Two AGENDA MODIFICATIONS ~ AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). None. 5. ANNOUNCEMENTS None. 6. WORKSHOp ITEM~ Establish City Council Policy Reqardinq: (No Backup) 95.003/ 94.268 1. Street Closinqs Following a brief discussion, it was the consensus of City Council to establish a policy not to close city streets except in the case of a city function such as 4th of July. 95.004/ 94.268 2. Park ~ - Use of parks Discussion took place on use of various city parks. City Council generally concurred that small neighborhood parks should remain status quo relative to open hours and use and maintain requests for use of Riverview Park on a case by case basis. MOTION by Damp/Freeland I make a motion we extend fifteen minutes. TAPE IIi - SIDE I (10:30 p.m.) ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - absent Mayor Firtion - aye MOTION CARRIED 4-0 (Oberbeck - absent) It was the consensus of Council that more discussion was required to establish requirements and charges for use of Riverview Park at a future meeting. City Council Workshop January 4, 1995 Page Three 95.005 95.006 95.007 95.008 C. Keith Miller, 961 Riviera Avenue, Sebastian, expressed concern for the City's lack of an engineer. B. Discuss Options for the Following: (No Backup) 1. E~verfront Parkinq The City Manager inquired whether City Council would have a problem with establishment of off-street parking on Indian River Drive. It was the consensus of City Council to use only the west side for off- street parking. He also recommended the possibility of utilizing property behind the Police Department for parking. At 10:45 p.m., Mayor Firtion adjourned the meeting. The following items were not addressed. 2. Comprehensive Land Use Plan Schedule Future Workshop Sessions for Review and Revision of Outdated City Code of Ordinances Direct City Attorney to Draft Ordinance Re: Minor Subdivision Plats (Director of Community Development Transmittal dated 12/29/94, P & Z Memo dated 12/2/94, Proposed Language) Approved at the Meeting. , 1995, City Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 11, 1995 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. invocation was given by Deacon Henk Toussaint, St. sebastian Catholic Church. 4. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Clifton A. McClelland, Jr. Acting Public Works Director, Jerry Thomas Deputy City Clerk, Sally Maio Regular city Council Meeting January 11, 1995 Page Two 95.009 AGE~A MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). None. PROCLAMATIONS AND/OR ;tNNOUNCEMENTS presentation of plaque - ~ poole ~ Police officers' Retirement Bo~.rd of ~ustees Mayor Firtion presented a plaque to Marjorie Poole. PUBLIC HEARING, FINAL ACTION None. INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) Mayor Firtion noted that Resolution No. R-93-19 encourages individuals to meet with staff prior to the meeting and provide documentation relative to the item if possible. Mr. Freeland inquired whether an item can be considered new business when brought up time after time by the same individual. The City Attorney responded that an opportunity must be provided to allow an individual to address City Council. Harry Thomas, 654 Balboa Street, Sebastian, discussed drainage problems. Herbert Sturm, 549 Saunders Street, Sebastian, discussed the Pine Street drainage project and distributed a map of the subject area; discussed Code Enforcement matters requesting the City Attorney to review definitions; requested the City Council to direct the city Clerk to make a sworn statement relative to previous Code Enforcement matters; and explained photographs he had previously distributed exhibiting drainage problems. John Kanfoush, 1437 Seahouse Street, Sebastian, discussed pothole problems. 2 Regular City Council Meeting January 11, 1995 Page Three 95.010/ 94.200 Sal Neglia, 461 Georgia Boulevard, Sebastian, objected to the fence constructed along the Sebastian River; recommended a definition for "temporary" be established; and expressed concern for need for a City Engineer. CON~ENT AGEND~ Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 12/7/94 Regular Meeting, 12/21/94 Regular Meeting Approve Payment of Additional Asphalt tonnage for Barber Street Railroad Crossing - Dickerson of Florida, Inc. - $3,782.00 (Engineering/Public Works Transmittal dated 12/18/94, Invoice, Purchase Order, Requisition, 7/27/94 Minutes) The City Manager read the consent agenda. Mr. Oberbeck removed item B. MOTION by Freeland/Oberbeck I move to approve A. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 Item B Mr. Oberbeck expressed concern for payment prior to Council approval, the quantity of asphalt used and lack of approval for the additional work by City staff. The Acting Public Works Director explained the need for the extra tonnage. The City Manager said the City had an agreement with FEC to furnish materials and that the original estimate was too low. Regular City Council Meeting January 11, 1995 Page Four 10. 11. 12. 13. 95.011/ 94.180 Mr. Oberbeck suggested the agreement with FEC be renegotiated and that Dickerson be paid the same discounted rate the County pays. MOTION by Oberbeck/Freeland I would move to postpone this item until the next regular meeting on the 25th. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 None. REPORTS/RECOMMENDATIONS None. OLD BUSINESS None. NEW BUSINESS ae Interlocal Aqreement Between indian River Countx and city of Sebastian Re.~ construction of Riverfront Water Project fCitv Mana eq~ Transmittal dated 1/6/95. AGreement) The City Manager briefly explained the Interlocal Agreement. Steve Moler, Masteller and Moler, described the County and City project boundaries. 4 Regular City Council Meeting January 11, 1995 Page Five MOTION by Corum/Oberbeck I move to approve the interlocal agreement between Indian River County and City of Sebastian for the construction of the Riverfront Water Project. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 14. CITY COUNCIL )fATTERS A. ~_yor Arthur Firtion Mayor Firtion, North County chairman for United Way, reported on uses in the North County and TAPE I - SIDE II (7:47 p.m.) urged people to contribute to the drive. B. Vice-Mayor Carolyn Corum Vice Mayor Corum reported on Arbor Day activities on Friday, January 20, 1995 at the elementary schools; expressed concern for damaged trees on City property and suggested that staff be trained in care of trees; suggested that items not addressed at the January Workshop be addressed tonight, to which the City Manager reported on updating of City Codes and compliance with the Comprehensive Land Use Plan, stating he will utilize a portion of each upcoming workshop to' address those issues, and, responded to her inquiries regarding riverfront parking. The City Manager reported on various available grants and requested City Council concurrence for funding for up to $5,000 for planning assistance. Mr. Freeland suggested each City Council member bring their recommendations for the Riverfront District to the city Manager prior to the January 18, 1995 Riverfront Workshop. 5 Regular city Council Meeting January 11, 1995 Page Six C. Mrs. Norma ~ Mrs. Damp requested Land Development language regarding model home permit renewals and protection from people whose properties have become rundown; encouraged people to apply for the Handicapped Self- Evaluation Committee alternate position; and reported on a new Chamber of Commerce information booklet. D. ~r, Robert Freeland Mr. Freeland responded to Sal Neglia about pipes on the south side of CR 512. Mayor Firtion called recess at 8:10 p.m. and reconvened the meeting at 8:15 p.m. Ail members were present. E. Mr. Frank 9berbeck Keith Miller, 961 Riviera Avenue, Sebastian, objected to non-conforming uses for accessory buildings. Mr. Oberbeck stated he left the January 4, 1995 workshop early due to a family medical emergency. 95.012 95.013 1. SDecial Us~ Permits (No Backup) Mr. Oberbeck suggested defining "temporary" relative to special use permits and that a review of permit application fees be conducted. He requested the City Manager to bring back recommendations at a future workshop. 2. ~ Buildinqs (No BackuD) Mr. Oberbeck suggested a workshop to establish standards for accessory buildings. 15. Other Matters Mr. Oberbeck referred to a letter and County traffic study he received regarding high speeds on Indian River Drive. CITY ATTORNEY MATTERS None. 6 Regular City Council Meeting January 11, 1995 Page Seven 16. CIT¥~ANAGER MATTERS The City Manager noted that the St. Lucie Waste Service trash hauling franchise will expire in April and requested City Council's input on a request from St. Lucie to continue at an increased rate of $6.95. It was the consensus of City Council to go out to bid. The City Manager said he had a request from the Golf Course Manager to decrease non-member nine-hole walking rates. MOTION by Freeland/Oberbeck I make a motion that we add to the agenda the subject of the golf course rates. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 MOTION by Freeland/Oberbeck I'd make a motion that we to allow the Golf Course Manager to set the new rates for the walking fees at the Golf Course. The City Manager said approval should be on a temporary basis, to see whether it is workable. The City Clerk advised that the motion should contain direction for the City Attorney to draft a resolution. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (Damp - nay) In accordance with Section 74-33 of the Code, the City Attorney must draft a resolution to permanently amend the golf course rates. 7 Regular city Council Meeting January 11, 1995 Page Eight The City Manager reported on grant information he had received from the Florida Inland Navigational District and TAPE II - SiDE I (8:40 p.m.) stated he will need a special meeting for approval of the Community Development Block grant application between January 18th and 25th. 17. Being no further business, Mayor Firtion adjourned the Regular Meeting at 8:42 p.m. Approved at the , 1995, City Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 8 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Approval For Submittal By: City Manager (~ ) ) ) ) ) ) ) ) ) ) ) ) ) ) AGENDA NO. Dept. Origin: CM Joel L. Koford Date Submitted: 01/18/95 For Agenda Of: 01/25/95 Exhibits: Resolution No. 95-03 I EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED.' N/A REQUIRED: N/A I SUMMARY The City Council has previously directed the City Attorney to prepare the appropriate resolution regarding the approval for a Special Use Permit to Henry Fischer and Sons,. Inc., for a tree recycling and mulch facility. RECOMMENDATION Recommend approval of the attached Resolution R-95-03. RESOLUTION NO. 95-03 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT TO HENRY FISCHER AND SONS, INC. FOR A TREE RECYCLING AND MULCH FACILITY ON APPROXIMATELY 22 ACRES OF LAND; FINDING THE USE IS NOT DETRIMENTAL TO THE PUBLIC. SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE INDUSTRIAL DiSTRICT~ PROVIDING FOR SEVERABILITY~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Henry Fischer and Sons, Inc. has made application for I a special use permit to construct a recycling and mulch facility; I and WHEREAS, the Planning and Zoning Commission held a public I hearing on October 6, 1994, on such special use permit and I recommended approval of the special use permit; and WHEREAS, the City Council of the City of Sebastian, Florida, i has fully considered the permit application and the evidence presented on the application. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. FINDINGS OF FACT. The city Council, after considering the evidence presented at the hearing, finds as follows: (1) The granting detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located for a five (5) year period from the date of this Resolution; and, of the special use permit will not be I (2) The use requested is consistent with the purpose and intent of the respective Industrial District, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district for a period of five (5) years from the date of this Resolution. SECTION ~. APPROVAL: The city of Sebastian hereby approves a special use permit for Henry Fischer and Sons, Inc. to operate a tree recycling and mulch facility on approximately 22 acres of land as shown on the sketch on file with the City Clerk which is represented on the Mosby and Associates drawing entitled "Indian River Tree Recycling and Mulch" dated November 29, 1994, on Job Number 94-372. The land is located in an Industrial District and the subject property address is 6080 99th Street, Sebastian, Florida 32958. The permit is for a five (5) year period commencing on the date of this Resolution and terminating five (5) years from the date of the adoption of the Resolution. SECTION 3. ADDITIONAL CONDITIONS: The applicant, in order to conduct a special use on the property described in this Resolution, must comply with conditions as follows: (1) Provide a hard surface driveway and parking facility as delineated on the site plan which must be approved under Section 3(9). (2) The applicant must comply with all City and County noise As a minimum, the applicant must engage in regulations. the noise abatement practices as represented on Sheet 1 of the Mosby and Associates drawing entitled "Cross- Section" dated January 4, 1995, on Job Number 94-372, which is incorporated by reference and is on file with the City Clerk. (3) There shall be no burning of any kind on this site. (4) The applicant shall perform any grading of the site as required pursuant to the site plan which will be presented to the City. (5) The applicant shall provide emergency access on the north side of the property. (6) The applicant shall fence the north property line of the site along Concord Avenue from the railroad track to the west property line. (7) The applicant's hours of operation are limited from 7:00 A.M. to 7:00 P.M. (8) The applicant shall permit reasonable inspections by the City to insure compliance with the terms and conditions of the Special Use Permit. (9) The applicant must submit and obtain approval of a detailed site plan in accordance with Article 10 of the Land Development Code of the City of Sebastian. SECTION 4. SEVERABILITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. ~ 5. CONFLICTS: Ail Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. ~6_~ EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. The foregoing Councilmember by Councilmember into a vote, the vote was as follows: Resolution was moved for adoption by . The motion was seconded and, upon being put Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Francis J. Oberbeck The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1995. CiTY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 4 RESOLUTION NO. R-95-04 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AN EXPENDITURE NOT TO EXCEED $$,000.00 FOR A RIVERFRONT PLANNING PROJECT, TO BE ADMINISTERED BY THE CITY MANAGER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida has indicated their approval for the City Manager to utilize planning assistance for the Riverfront Planning Project; and WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida has authorized an expenditure not to exceed $5,000.00 for the Riverfront Planning Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AUTHORIZATION. The Sebastian City Council hereby authorizes the City Manager to expend an amount not to exceed $5,000.00 for the Riverfront Planning Project. SECTION Z. CONFLICT. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 3. EFFECTIVE DATE. This Resolution shall become effective upon passage. The foregoing Resolution was moved for adoption by Council member Councilmember vote, the vote was as follows: The motion was seconded by and, upon being put to a Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland Councilmember Frank Oberbeck This Resolution was duly passed and adopted by the City Council of the City of Sebastian, Indian River County, Florida, at its regular meeting on the day of , 1995. ATTEST: CITY OF SEBASTIAN, FLORIDA by: Arthur L. ~ti°n, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. city Attorney City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: Reject all Bids Easy Street Bike Path ~ Approved for Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda of ENG/PW 01-13-95 01-25-95 Exhibits: Bid Tabulation Copy of Bid documents EXPENDITURE REQUIRED: $27,518. AMOUNT APPROPRIATION BUDGETED: $18,000 REQUIRED: $000 SUMMARY STATEMENT The City of Sebastian received bids for the installation of a bike path along Easy Street to Main Street. After review of the specifications, the bid review committee determined that the project should be rebid with new specifications in greater detail and explanation. The new specifications will reduce the cost of the bike path and should therefore be more in line with the budgeted amount. Indian River County's specifications will be used as a basis for the new specifications and we will alter those to meet our needs and requirements. RECOMMENDED ACTION Move to reject all bids and direct staff to rewrite specifications and rebid project as soon as possible. the CITY OF SEBASTIAN BIKE PATH CONSTRUCTION EASY STREET TO MAIN ST BID OPENING DECEMBER 20, 1994 @ 2:30 PM RANKED IN ORDER OF LOW BID CONTRACTOR PUBLIC ENTITY CRIME STMT DRUG FREE COPY OF WORKPLACE LICENSE FORM TOTAL BID PRICE PAN AMERICAN YES YES PER LF 6.40 ASPA~LT PER TON 42.00 YES $27,518.00 FISCHER & SONS YES YES PER LF 4.64 ASPHALT PER TON 50.91 NO $28,401.60 JOBEAR INC. YES YES PER LF 12.32 ASPHALT PER TON 57.50 NO $42,008.00 PRICE PAVING YES YES PER LF ASPHALT PER TON 55.00 YES $47,000.00 MAC ASPHALT YES YES PER LF 13.85 ASPHALT PER TON 65,00 NO $47,258.50 PER LF 19.32 MARTIN PAVING YES YES ASPHALT PER TON NO $56,221.20 City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SEALED BIDS FOR iNSTALLATION OF 2,910 L.F. OF BiKE PATH WILL BE RECEIVED BY THE OFFICE OF THE CITY CLERK, CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FL, 32958 UNTIL 2:30 P.M. ON TUESDAY, DECEMBER 20TH, 1994. Bid envelopes should be clearly marked as shown below. BID: BIKE PATH INSTALLATION Bidders will be responsible to supply all labor, supervision, materials, tools and equipment to install a six (6) foot wide bike path on Easy Street from Hibiscus avenue to Main Street. Contractor is responsible for excavation and removal of fill (8) eight inches deep and installation of 8" of Coquina rock with 95% compaction, mlnimum 1" thick asphalt from edge of pavement to edge of pavement. City of Sebastian reserves the right to test for compaction. All asphalt to be type 3. Bike path to be installed at grade. Estimated distance of bike path is 2,910 L.F., however, payment will be made on an actual L.F. Basis. The Contractor will be responsible for restoring the site to existing conditions including repair to private irrigation systems, sod and seed and mulch. Excavation and fill to be bid at a per linear foot basis. Asphalt to be bid at a per ton price. City will be responsible for identifying the location of underground utilities. Prospective bidders must contact the City Clerk'S office in person, by mail at the above address, or by telephoning (407) 589-5330 for bidding documents and specifications. Bids will be publicly opened and read aloud at 2:30 P.M. on Tuesday, December 20th, 1994, in the City Manager's Conference Room. The City reserves the right to reject any and all bids. BY: KATHRYN M. O'HALLORAN CITY CLERK CITY OF SEBASTIAN PUBLISH PRESS JOURNAL Monday, December 5th, 1994 DATE: BIDDER; BID FORM BIK~ PATH INSTALLATION City Clerk's Office Sebastian City Hall 1225 Main Street Sebastian, Fl, 32958 (407) 589-5330 NOVEMBER 28TH, 1994 The undersigned bidder proposes and agrees, if this Bid is accepted to enter into an Agreement with the City of Sebastian to install bike path. 1. Excavation and fill 2. 1" Asphalt Overlay Type 3 Asphalt 3. Labor and equipment Total Cost $ Per LF $ Per Ton $ SUBMIT YOUR BID IN A SEALED ENVELOPE MARKED AS FOLLOWS: BID: BIKE PATH INSTALLATION YOUR RESPONSE MUST BE SUBMITTED TO THE CiTY CLERK'S OFFICE AT SEBASTIAN CITY HALL, 1225 MAIN STREET, SEBASTIAN, FL 32958, NO LATER THAN 2:30 P.M. ON TUESDAY, DECEMBER 20TH, 1994. COMMITTMENT TO COMPLETE WITHIN DAYS FROM NOTICETOPROCEED. City of Sebastian 1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Bid Waiver for ) Concrete Pipe ) Installation ) Side Ditch Agreements) _) ) Approved for Submittal By: ) ) ) City Manager ~V/ ) I~'~ ) Agenda No. Dept. Origin Date Submitted For Agenda of ENG/PW 01-10-95 01-25-95 Exhibits: R-93-35 with application and agreement EXPENDITURE REQUIRED: $8,824.24 AMOUNT APPROPRIATION BUDGETED: $250,000 REQUIRED: 0 SUMMARY STATEMENT As you are .aware, the City has a policy whereby the homeowner can apply for a side swale permit to pipe a side ditch next to their homes. The program was set up with the applicant paying $15.00 per linear foot of pipe (see attached Resolution with backup). A bid waiver will be required to purchase the concrete pipe for two side swale installations. The following is a breakdown of the projects: Landsdowne Drive, homeowner participation of $1800. has been paid. City participation cost will be $2,312.80. 29" x 45" RCP x 136 feet 29" x 45" RCP mitered end Total $3,631.20 481.60 $4,112.80 Salem Avenue, homeowner participation of $2,040. will be paid just prior to commencement of work. City participation cost will be $1591.20. 29" x 45" RCP x 136 Feet Total $3,631.20 $3,631.20 The Landsdowne Drive side culvert was a result of a misaligned ditch and Mr. Eckis at the time of occurrance quoted the owner of the house at the time $1800 based on 120 linear feet and was a condition of the sale. This information is offered to explain why the cost per owner is different with the same linear feet. Also required for Landsdowne is the replacement of 56 feet of under the road pipe 24" x 38" for a total of $1,080.24. The pipe will be purchased from Southern Culvert which is the indian River County Commodities contract supplier for this fiscal year. RECOMMENDED ACTION Move to approve bid waiver and direct staff to purchase the necessary culvert pipe for this installation through Southern Culvert for a total of $8,824.24. ~ RESOLUTION OF TR~ CITY OF ~EBABTI~, INDIJtl~ RIVER COUNTY, F~ORID~, C~J~TIN~ · C~T P~PE POLICY~ EBT~LZBH~NG COBTB~ EBT~L~B~NG ~ ~PL~C~TZON F~ C~T PIPE~ E~T~LIB~N~ ~ ~PLI~TION FEE; A~ORIZIN~ ~E CI~ ~~ ~ CITY CL~ TO ~ I~O C~T PIPE ~E~S ON B~F OF ~ CITY~ REP~INg RESOL~I~ NO. R-9~-14~ PR~DIN~ F~ REP~ OF RESOL~IONS OR P~TS OF RESOL~IONS IN CO~LICT H~I~ PR~DIN~ FOR B~ILIW~ ~ PRO~DINg FOR ~ EFFECTI~ D~TE. I to be in the best interest of the City to participate WHEREAS, the City Council of the City of Sebastian deems it in the I installation of culvert pipes for private residences; and WHEREAS, it is in the best interest of the City to i participate in the installation of culvert pipes, thereby i eliminating side or 'rear yard ditches or deep swales, resulting in future maintenance cost reduction to the City; and I WHERF~S, the City desires to provide cost saving incentives to property owners to encourage the installation of culvert I pipes; and I WHEREAS, promoting the installation of culvert pipes will reduce future drainage problems in new construction by promoting I the free flow of surface water runoff; and i WHEREAS, the City Manager and City Engineer have recommended to the City Council to enact this resolution and to allow the I city's participation in the installation of culvert pipes to be conducted on a case by case basis. i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: BECTZON~. CULVERT PZPE POLZCT. .It. shall be the policy o~ the City of Sebastian to I participate, where practlcal, in ~he installation of culvert pipes, i Further, it shall be the policy of the City of Sebastian to establish a standard price, based upon the average cost to the U City for installation of a 24" diameter culvert pipe, to be offered for installation of culvert pipes. It is the intention of this policy to offer a price to I property owners, within the City of Sebastian, for the installation of culvert pipes which will be less than can be obtained by citizens through private contractors. I SECTION~. COST. The cost for the City's installation of a culvert pipe, within the City of Sebastian, shall be $15.00 per linear foot of pipe installed. This rate may be amended from time to time by the City Council. SECTION 3. APPLICATION FOR CULVERT PIPE. Each applicant, desiring the City to install a culvert pipe, shall apply to the City for a culvert pipe permit. The application shall be made in a form approved and adopted by the City. An application for a culvert pipe will be considered by the. City staff only after the application is completed in itsW U entirety, all supporting documentation has been submitted to the City, a culvert pipe agreement signed by applicant(s), and the I filing fee for said application has been paid to the City. The city of Sebastian hereby adopts a standard application form to be used by applicants who desire to apply for a culvert pipe pursuant to this policy. A copy of said application is attached hereto as Exhibit "A" and by this reference incorporated herein. SECTION 4. APPLICATION FEE. The application fee for the City's review of an application for a culvert pipe shall be $50.00. This fee may be amended by action of the City Council. SECTION ~ CULVERT PIPE ~REEMENT. The City Manager City are hereby and Clerk authorized to execute such agreements, after approval as to form and content.by the City Attorney, on behalf of the City of Sebastian as are necessary to implement this policy. Prior to acting upon an application for a culvert pipe, the applicant must execute a culvert pipe agreement, and submit said agreement to the City along with the application for culvert pipe. SECTION 6. REPEAL OF RESOLUTION NO. R-93-~4. Resolution No. R-93-14 is repealed in its entirety. SECTION ?. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 8. S~ILITY. In the event a court of competent jurisdiction determine that unconstitutional, shall hold or any part of this Resolution is invalid or the remainder of the Resolution shall not be 3 affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. BECTION 9~ EFFECTIVE D~TB. This Resolution shall take effect inediately upon its adoption. The foregoing Resolution was moved member ~~%. · Councilmember____~~gt~ a vote, the vote was as follows: for adoption by Council- The motion was seconded by and, upon being put into The Mayor thereupon declared adopted this ~~---- day of /. _, M~yor Lonnie R. Powell W~/~J V~ce-Mayor Frank Oberbeck I councilmember Carolyn Corum councilmember Norma J. Damp Councilmember Robert Freeland this Resolution duly passed and ~ , 1993. - / CITY OF SEBASTIAN · /~onnie R. ~well, Mayor ATTEST: Czty Cl~rk (SEAL) / Approved as/to Form and Content: Charles Nash, City Attorney C'rTY OF ~'PLIC~.T~rON FOR CULVERT P~PE ~'NST~I,L~T~'ON DATE: I/We, the owner(s) or authorized agent, of the below described lots, request a permit to install a culvert pipe between the following lots: LeGal Description 95 Lots: #1 Lot , Block , Unit Subdivision #2 Lot , Block .......... , Unit Subdivision Owner(s) b__y Dee~ ~ and Address) The following documents must be submitted with this application: 1. A plot plan showing the location of the pipe. 2. Warranty Deed(s) for lot(s) where the pipe shall be located. . 3. Culvert Pipe Agreement (signed by Applicant(s)). 4. Non-refundable application fee of $50.00, made payable to the "City of Sebastian". The application fee is non-refundable once the City of Sebastian proceeds with the review. The application 9nd fee is ~or normal applications and the City of Sebastian, if ]ust cause ~s found, may require additional material and additional fees. OWNER OWNER OWNER OWNER EXHIBIT "A" Approved By Resolution No. R-93-35 CiTY OF SEBASTIAN I CULVERT PIPE AGREEMENT I This agreement is entered effective this day of , 19 , by and between the City of Sebastian, ~'h~'ia~"River' county, Florida, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter referred to as "City") and (owner of Lot #1) and (owner of Lot #2) (hereinafter collectively referred to as "Own er s" ) WHEREAS, the Owners own adjacent property as set forth in Exhibit "A" of this Agreement; and WHEREAS, the Owners desire to install a culvert pipe on the public utility easement between their property; and WHEREAS, the Owners wish to obtain the economic and maintenance advantage of retaining the City, or the City's designee, for the purpose of installing said culvert pipe. NOW, THEREFORE, the City and the Owners hereby agree as follows: 1. The Owners agree that the City, or its designee, is hereby granted permission to install linear feet of (diameter of pipe) reinforced concrete pipe, cover same, and contour the surface for surface drainage in the utility easement on the lot line of Lot #1 and the lot line of Lot #2, in accordance with the requirements of the City of Sebastian (said lots being more particularly described and attached as Exhibit "A" of this Agreement). 2. The Owners agree to pay to the City, after obtaining a permit, and prior to any work being performed, $15.00 per linear foot of culvert pipe installed, for a total price of $ 3. The Owners agree that the City has the absolute right to require the removal, replacement, and/or repair of said pipe, the reopening of the ditch, or other corrective measures as are deemed necessary by the City. The Owners further agree that the Owners shall be responsible for removing any vegetation, fencing, or other obstructions, within one week of receiving written notice from the City, should the City require access to the easement for the performance of necessary maintenance or repairs. 4. The Owners, jointly and severally, shall indemnify and hold the City, its council members, officers, agents, employees and representatives, harmless from any and all liabilities, costs, damages, actions, attorneys' fees (including attorneys' fees to enforce the provisions of this agreement), and expenses /from any and all claims or causes of action for bodily injury, death and property damage arising from or in connection with the work performed by the city hereunder, or by reason of any claim or dispute of any person or entity for damages from any cause directly or indirectly related to any action or failure to act by the City, whether negligent or otherwise, its employees, representatives, subcontractors, suppliers or agents. 5. In consideration of the cost savings provided to the undersigned Owners by the city, the receipt and sufficiency of which are hereby acknowledged, the undersigned, individually, and on behalf of their heirs and assigns, hereby releases the City, its council members, officials, officers, employees and representatives, from any and all claims, actions, causes of action, suits, demands, injuries, damages, contracts, monies, attorneys fees, or claims of any nature or description whatsoever, including, but not limited to, those claims that arise from intentional acts, negligence, contracts, and statutory claims, which now exist, or which might hereafter accrue. 6. This agreement shall be governed by the laws of the State of Florida. Venue in any action arising herefrom shall be Indian River County, Florida. WITNESSETH: OWNER LOT #1 The foregoing instrument was sworn to, subscribed and acknowledged before me this day of , 1993 by , and , before witnesses, and who is personally known to me or who has produced as identification and who has taken an oath. NOTARY PUBLIC Printed Name My Commission Expires: WITNESSETH: OWNER LOT #2 The foregoing instrument was sworn to, subscribed and acknowledged before me this day of , 1993 by , and , before witnesses, and who is personally known to me or who has produced as identification and who has taken an oath. NOTARY PUBLIC Printed Name My Commission Expires: CITY OF SEBASTIAN, FLORIDA By: Joel L. Koford City Manager ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 3 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Approval For Submittal By: City Manager Q/~ AGENDA NO. Dept. Origin: CM Joel L. Koford Date Submitted: 01/18/95 For Agenda Of: 01/25/95 Exhibits: - Request from Sebastian River High School, Dated 12/16/94 EXPENDITURE AMOUNT APPROPRIATION I REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY The Golf Course Manager is in receipt of a request from the Sebastian River High School Athletic Department. The school would like to utilize the Sebastian Golf Course as their "home course" for practice and match play. The practice times and match play times would be only nine (9) holes and would be in the afternoon after 2:30 P.M. The dates of play run through May 5, 1995, approximately 2 or 3 times per week. The Golf Course Manager does not believe the request will interfere in any way and it would be good publicity for the golf course. RECOMMENDATION Golf Course Manager Recommends approval. SEBASTIAN RIVER HIGH CHOOL SHARK ATHLETICS 9001 90th Avenu2 E. M~eha~l ~tucvJ~e Seb~tian, Floriaa 3~ ~. A~e~e~r ~em~l l 6,1994 m Mr. John V~~e~ m c/o seb~t~ M~ct~ ~ Co~ 1225 M~ten~ce Rd. m Seb~U~, FL 32958 D~ Mr. V~~e~: ' m Th~k you for your ~e ~ conve~tlon 1~ w~k ~g~dlng our m High School Go~ te~s p~ce ~d com~fltion, at the co~se, m A~ched Is some gener~ ~o~aUon Doug ~ put toge~er - m reg~ng pre~ous ~g~en~ he has ~~nc~ w~e coaching at Veto. The ~e wo~d apply to our girl's ~& It is our ho~ ~at ~e ciw coun~ ~mugh your ~ommend~on will allow our girls ~d ~ys ~o u~e ~e faciliW. I ~H~e you will ~d our students to ~ wffi m~ne~ ~d ~ey will ~ well coach,. Loo~g fo~ to your ~ply. _ Sincerely, ~ "N~~G ~ND, BODY~ ~P~ ~OUGH A~MIC ~D ~C AC~~ ' BD~d SH ~BAI~ NOIIS~S ~8I~-~9~-18~ 9E:EI SHARK ATHLETICS F~ (40/) r~4-418z I MobU~. (4O?) r~8-o~6 · '95 SRHS BOYS AND GIRLS GOLF TEAM PROPOSAL I The foUowtng is a summary of the experiences I've had coachlno~ golf at local courses and their contribution toward High School and jr. golf:. I 1) Green fees were waived for both practice and matches. m 2) Tee times for matches allowed for a comfortable cushion betw~.n the last g[..oup.compertng and players.be_bind them, and enough times we. re given to ~o~ rot groups, as small as mreesomes to allow beginners or younger players p ay more qmcldy-keeping pace with the group, ahead. m 3) coaches and guest coaches are provided w/carts as needed in order to monitor play in both practice and matches. I 4) A fl.~t range fee of $125.00 covered per team will tmUmtted range balls for rhe seasou--vracttce and matches (including_ balls for om- guests at home i matches). S) Gene of ,da.. s for usage of facilities: A) .lan. 16, 95 thru l~eb. 20, '95 is pre-season period, where the range, I putting are, and course will be utilized most every day. B) Feb. 20 thru May 5, course &faciUties used on non-match days-- roughly 2 or $ days per week. C) 4 home match dates to be scheduled-not to corffUcr w/girls schedule. D) Practice begins roughly at 2'30 1LM. r2u-u daylight hrs. Matches be~n 3:30. For both Vista Royale ('87,'88,'89) and for 5an.dridge ('89 thru '93) golf clubs, these were the general provisions. This allowed the school to budget for match balls and rrmtch tops. Combined with the $125 range fee, each team (boys and girls) had approx. $800 budgeted to provide a golf team with no gate receipts or income to fund them. We are very grateful to Sebastian Municipal for exten~ng the invitation to utilize their facilities. We hope that the details can be worke<l out and th_at Sebastian Municipal will be home for SHARK GOLF in 19951 oaches: £0 :IDWcI Doug Baker, Boys Danny Tyler', Gifts NURTURING MIND. BODY AND SPIILIT ~O[IGit AC,~DEMIC AND AI'IiLE~IC ACItI~'VF, MEArT'._..~.~?.~ !khool Distric¢ of Indian River County /77) City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA FORM SUBJECT: Use of Riverview Park Craft Club of Sebastian APPROVED FOR SUBMITTAL BY: city Manager' ~ ~.0 Agenda No. Dept. Origin City Clerk Date Submitted 01/10/95 For Agenda of 01/25/95 Exhibits: Letter of Request EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from Al Deyter, Secret _ary of the Craft Club of Sebastian requesting the use of Riverview Park on the following dates: Saturday, April 1, 1995 with rain date of Sunday_, April 2, 1995 Saturday, May 6, 1995 with date of May 7, 1995 Historically, requests for the craft shows have been approved by Council since 1988. RECOMMENDED ACTION Approve the above request with standard conditions. CRAFT CLUB OF SEBASTIAN P.O. Box 781 776 Sebastian, Fi 32957 City of Sebastian 1225 Main Street Sebastian, Fi 32958 Attention: Ms Kathryn O'Halloran Dear Ms O'Halloran: We hereby respectfully request permission to use Riverview Park for our craft shows on the following dates: Saturday, April 1, 1995 with rain date Sunday, April 2,1995 Saturday, May 6, 1995 With rain date Sunday, May 7, 1995 We thank you for your continuing support of our craft club and awaiting your reply. Very~uly yours, A1 Deyter Secretary Craft Club of Sebastian City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: REQUEST FROM SEBASTIAN LIONS CLUB TO USE RIVERVIEW PARK Approved For Submittal By: City Manager ~/ ) Agenda Number: ) ) Dept. Origin: Community Development ) (BC ) Date Submitted: 1/17/95 ) ) For Agenda Of: 1/25/95 ) ) Exhibits: ) 1. ) Douglas Anderson letter of 1/11/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian Lions Club is again requesting permission from the City Council to utilize Riverview Park on Saturday, April 8, 1995, for a steak dinner fundraiser. The pavilion area is requested from 3:30 p.m. to 6:30 p.m. Unless otherwise stipulated by City Council, the following are establishe¢ rules for use of Riverview Park: 1. $100.00 Security Deposit 2. No vehicles in the park. 3. Applicant to provide sufficient waste receptacles and clean up after event. 4. No alcoholic beverages are permitted within the park. 5. All displays must be clear of the sidewalks and entranceways. 6. Any goods for sale must be handmade by members of the organization. 7. Applicant must contact and receive approval from the Health Department regarding the sale of food. RECOMMENDED ACTION Move to approve the request from Sebastian Lions Club to use Riverview Park on April 8, 1995, with standard conditions. ~ :ATY · INT~LUGE:NCE: * SEBASTIAN SEBASTIAN. FLORIDA - 32958 CITY OF SEBASTIAN JANUARY ii, 1995 1225 MAIN STREET SEBASTIAN, FL. 32958 ATTENTION MR. COOPER: THE LIONS CLUB OF SEBASTIAN IS PLANNING THEIR SPRING STEAK DINNER FOR APRIL B, 1995 FROM 3:30 TO 6:30 P.M.. THE CLUB THEREFORE REQUESTS PERMISSION TO HAVE THE DINNER AT THE RIVERVIEW PARK GAZEBO. PLEASE CONFIRM APPROVAL SO THAT FURTHER PLANS CAN BE MADE, THANK YOU FOR YOUR CONSIDERATION. S~NCEREL~ 7A90 AGAWAM RD SEBASTIAN, FL. 32976 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA FORM SUBJECT: ) 1. Accept resignation of Susan ) Nalepa from Handicapped Self- ) Evaluation Committee ) 2. Appoint George Schum to fill ) vacancy of Susan Nalepa ) APPROVED FOR SUBMITTAL BY: ) City Manager: , ) Agenda No. Dept. Origin Date Submitted Human Resources 1/17/95 For Agenda Of 1/25/95 Exhibits: 1)Nalepa Resignation letter; 2) Schum application EXPENDITURE AMOUNT REQUIRED: N/A BUDGETED: APPROPRIATION REQUIRED: SUM~., ARY ~ Susan Nalepa is resigning from permanent position on Handicapped Self-Evaluation Committee with term expiring in June, 1996. Position was advertised with George Schum, who is now first alternate on the committee, being the only applicant. RECOMMENDED ACTION 1. Move to accept resignation of Susan Nalepa from Handicapped Self- Evaluation Committee. 2. Appoint George Schum, currently first alternate, to fill permanent unexpired term vacated by Susan Nalepa with term to expire in June, 1996. \ws-min De, comber 3, 1994 Handicapped Soil-Evaluation Committee City of Sebastian 1225 Main Strcct Sobastian, Florida 32958 Dear Mr. Kanfouslg Wcndy and Committcc Mcmbers: I i It is with r~gr~t that I fccl it ncccssary to resign from thc Handicappcd $clf-Evalualion Committ~. I have bccn unable to attend at least 3 mcctings becaus~ my company has sent mc out of town to work. I bclicvc this will continue to bc thc cas~ in 1995 and I will bc unable to participate in thc commiltec's aclivifi~s. I joined thc c, ommittoc hoping my background as a Physic~l Therapist would lg holpful and that I would b~ in a position to makc a contribution to ~ commRnity. I must admit that I f~l I gained more insight from my participation than I was able to give. Thc mcctin~ and spcakcrs wcrc wry int~'esting and it was good for mc to hear thc problems of thc handicapped from th~ point of view. I expect to maintain my primary residence in thc Sebastian area although i w~l be traveling frcqucntly. If I can bc of any assist~cc to thc committee in thc fimm:, plcasc don~ hesitate to ask. Thank you for thc opportunity to work on this city committcc cvcn though I don't ~ in thc city, I am sorry I couldn~ contribute more. Sinc,r~ly, Sue Nalcpa I APPLICATION TO SERVE _ON ~ USINESS. BUSINESS ADDRESS: 9. RESUME OF EDUCATION AND EXPERIENCE: -- ( additional sheets if necessary or submit resume if available) 10. Voter registration no. //~/~ 11. Are you a resident of the City? Yes/No 12. Length of Residency /~~ 13. Do you hold a public office? Yes No 14. Do you serve on a City Board at present? Yes ~/ No~ 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of Dreference with first choice being "l") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE -' *CODE ENFORCEMENT BOARD - *CONSTRUCTION BOARD *PLANNING AND ZONZNG HANDICAPPED COMMITTEE .-7-- 16. What qualifications do you have to serve on this board What reasons do you have for wishin9 to serve board? ~T- /~/ .~ ~ ~ ~' :'~ i ~. ,18--,~ave you ever been convicted of any felony or an ~ ~.mis~meanor involving moral tur~i~..~ ...... Y ~--' ~ ~-~ " w ~uu= ~n ~nls or any state~ \~' ~.~.. ~ . , ~$,. ~$ ,-, ' Yes., NO ,,, ~.;.~.~19. ~ould you consider serving on another Board otb r the "-..,.o~ you selected above? e than .... Yes ,, No___/ I I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all I information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or I removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for I malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, i understand that the City Council may suspend I any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of misdemeanor, any felony or I I hereby authorize the Sebastian Police Department to run an active warrant check on me. I Subscribed and sworn to before me this ~ day of ~~, t19~.~_~, by ~Df~ ~, ~//D/U ~, who is personally known :o me or has produced' ~ /__d%AtifiCatfon. ( SEAL ) NO~Z~ Public, ate of-~orida ...... Name of NotakY (Printed or Typed) \ws- form\ applicat/on ~°mmtssion No. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 AGENDA TRANSMiTTAL SUBJECT: Amend Airport Lease Charles Clay Price/City of Sebastian Approval For Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) ) ) AGENDA NO. Dept. Origin: CM Joel L. Koford Date Submitted: 12/01/94 For Agenda Of: 12/07/94 Exhibits: -Second Addendum To Original Lease - City of Sebastian and Charles Clay Price, Dated 09/29/93 I EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A i SUMMARY The original lease entered into on September 29, 1993, by and between the City of Sebastian and Charles Clay Price, included a schedule for the commencement and completion of.the improvements. However, when the master plan zoning for the Airport was ratified by the City Council, a small segment was inadvertently omitted and the correction is scheduled for a public hearing on December 7, 1994. Without this zoning correction, a building permit cannot be issued. The attached proposed addendum to the original lease would amend the original schedule and restate the correct commencement and completion dates. RECOMMENDATION Recommend approval as proposed. Addendum therein. 1. as follows: hereof. 2. SECOND ADDEND~ TO LEASE THIS SECOND ADDENDUM TO THAT CERTAIN LEASE between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and CHARLES CLAY PRICE, (hereinafter referred to as the "Tenant") relating to the property at the Sebastian Municipal Airport, which Lease is dated the 29th day of September, 1993. The terms of this shall be part of said Lease as though incorporated Schedule "B" to this Second Addendum to Lease is amended See Schedule "B" attached hereto and made a part Ail of the other terms and conditions of the Lease which are not amended by this Addendum are hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day of , 1994. TENANT Charles Clay Price CITY OF SEBASTIAN A Municipal Corporation existing under the laws of Florida Approved as to Form and Content: Arthur L. Firtion Mayor ATTEST: Clifton A. McClelland, Jr. City Attorney Kathryn M. O'Halloran CMC/AAE SCHEDULE This Schedule is a part of that certain Lease between the CITY OF SEBASTIAN and Charles Clay Price dated September 29, 1993, for leased premises at the Sebastian Municipal Airport. Listed below are the descriptions of each improvement to be constructed by Tenant on the leased premises and the required dates of commencement and dates of completion for each such improvement: Description of Improvement Date of commencement Date of Completion 3,000 sq. ft. Hanger February 7, 1995 April 8, 1995 12' x 44' DCA Approved Modular office February 7, 1995 April 8, 1995 TENANT Charles Clay Price CITY OF SEBASTIAN A Municipal Corporation existing under the laws of Florida Arthur L. Firtion Mayor Approved as to Form and Content: ATTEST: Clifton A. McClelland, Jr. City Attorney Kathryn M. O'Halloran CMC/AAE City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 m FAX (407) 589-5570 SUBJECT: Approval For Submittal By: City Manager (~/ AGENDA TRANSMITTAL AGENDA NO. Dept. Origin: Date Submitted: 11/30/94 For Agenda Of: 12/07/94 Exhibits: - Letter Dated 11/28/94 From Charles Clay Price to Joel L. Koford - Business Sublease - Letter Dated 10/03/94 From John Van Antwerp to Charles Price - 1/26/94 Minutes EXPENDITURE AMOUNT APPROPRIATION I N/A BUDGETED: N/A N/A REQUIRED: REQUIRED: SUMMARY Skydive Sebastian, Inc., is requesting permission to enter into a sublease with Mr. Andrew J. Grimwade. This proposed new sublease would replace the current sublease between Charles Price and Skydive Sebastian, Inc. The basic lease document between the City and Charles Clay Price provides for subleasing subject to City Council approval. Copies of the proposed sublease have been forwarded to the City Attorney for his review. A copy of the letter from John Van Antwerp to Mr. Price regarding the hangar constmction is also attached for your review. This is the letter that Mr. Price is requesting be included or made a part of the new sublease. ~ RECOMMENDATION If City Council does not have any objections to this arrangement, i would suggest the motion to approve include language that the hanger construction be completed not later than ninety (days) after the issuance of a building permit and that the sublessor apply for the building permit not later than sixty (60) days after City Council approves the Airport rezoning. BUSINESS SUB LEASE THIS AGREEMENT, entered into this ~ day of December 1994, between Charles Clay Price, hereafter called the Lessor, party of the first part, and SKYDIyE .~ SEBASTIAN OF FL, INC., hereinafter called the Lessee, party of the second part: WITNESSETH, that the Lessor does this day sublet unto said Lessee, and said Lessee does hereby hire and take as tenant under said Lessor, the property as identified by as "Attachment A" made a part of this agreement. Lessee agrees to use said property for the exclusive purpose of conducting aviation activities, including skydiving Ol~.rations, and for no other purpose or uses whatsoever, for the remaining term of that certain Lease agreement between the City of Sebastian and Charles Clay Price dated September 29,. :. ..... 1993 identified by as "Attachment B", at and for the agreed total rental of $1.00..and other valuable consideration. Lessee will not sublet the premises without Lessor's written permission, such permission shall not be unreasonably withheld, and without.the written consent of the City of Sebastian. Lessee shall not transfer 50% or more. ~ftis_ 0utstanding. common stock without the prior written consent of the City of Sebast!an.~. . .. :.... The ~'ollowing express stipulations and conditions are made a part of this sublease and are . :.~ :_ hereby assented to by the Lessee: .. FIRST: Lessee shall provide to Lessor a copy of any insurance, required by.the City of Sebastian, with Lessor and the City of Sebastian named as additionally insured .... :- -; -.'~ '~ ''" "- '' SECOND: The Lessee shall name Lessor and the City of Sebastian under all indemnification and hold harmless agreements used by the Lessee's clients. Additionally, Lessee shall provide the City of Sebastian and'charles Clay Price with a hold harmless and indemnification agreement for actions or claims arising from the conduct of its operations or out of this sublease. TI-HRD: Lessee agrees to accept the premises in the condition they are in at the beginning of this sublease and agrees to maintain said premises in the same condition during the term of said sublease. ' ................... FOURTH: This contract shall bind the Lessor and Lessee and their agents, successors, and heirs as the case may be, of the sublease. FIFTH: Violations of any provisions of this sublease or any provisions of attachment "B" shall be grounds for the termination of this sublease. ' SEXTH: Lessor shall not be relieved of any obligations_ to_.the City 9f_.Sebastian_ under the terms of its lease with the City of Sebastian by ~irtue of this sublease. SEVENTH: Lessee acknowledges the existence of the certain Lease agreement between Charles Clay Price and the City of Sebastian dated September 29, 1993 (the "Lease"), identified by as "Attachment B" made part of this agreement. The Lessee agrees to be bound by the terms and conditions of the Lease and agrees that if there is any conflict between the terms of this Business Sub Lease and the Lease, the terms of the Lease shall control the rights and obligations of the Lessor and the Lessee. IN WITNESS WHERE OF, the parties hereto have hereunto executed this instrtunent for the purpose herein expressed, the day and year above written. WITNESSES Approved by the City of Sebastian: By. City Manager Attest: City Clerk Lessee Lessor By. Charles Clay Price Post Office Box 698 Sebastian, Florida 32958 November 28, 1994 Mr. Joel Koford City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Sublease of Airport Property Dear Mr. Koford: I request that the enclosed sublease be placed upon the December 7, 1994 City cOUncil agenda for consideration and approval. The sublease is an exact duplicate of the-'- ' previously City Council approved sublease between myself and Skydive.Sebastian, Inc. with exception to the term of the this sublease. This sublease shall void and replace the Mr. Andrew John Grimwade will be the majority owner of skYdive' Sebastian of FL, Inc. and he shall be present at the December Council meeting and ·available prior to that-time- - should you or any member of your staffor the City Council have questions for him. Mr. Grimwade can be reached by contacting Skydive Sebastian. As an additional matter regarding the lease, I would like to clarify the terms and conditions regarding the improvements to the property. I would like to' verify that the I hanger required to be constructed by September 29, 1994 has been delayed due to a required change in zoning by the City and has not created a default by me under the terms . .... : ,,..! .... of the Lease. I would further like to have a date specific, that the hanger shall not be required to be completed prior to April 30, 1995 as outlined to me by Mr. Van Antwerp in his October 3, 1994 letter, (copy attached). Thank you for your attention to this matter. enc. cc: Mr. Grimwade Regular City Counc~ January 26, 1994 Page Eleven 'Meeting The City Attorney read Ordinance No. O-94-01 by title only. MOTION by Oberbeck/Corum I would move to approve Ordinance No. O-94-01 on first reading and schedule the public hearing to adopt same February 9, 1994. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 94.029/ 93.017 Skvdive Sebastian, Inc. Sub-Lease fro_~m ~ Pric~e (City_ ~ Transmittal dated 1~19/94. Proposed Sub-Lease, Airport Manaq~r Letter dated !/13/94, Pr~c.e Let,.er ~ 1/7194. Articles o_~f In~.orpor.~tion) The Airport Manager addressed City Council on the request from Clay Price to sub-lease to Skydive Sebastian, recommended that the names of owners of Skydive Sebastian, Inc. be disclosed and that the corporation submit a statement that they agree not to convey the interest to another person without the City's consent. The City Attorney said this was a reasonable request and recommended that the lease be amended to prohibit the transfer of stock with the city's consent. Charles Clay Price, tenant of the airport, stated that Mark Price and Wanda Price were the owners of Skydive Sebastian, Inc., and said the corporation would like the ability to sell no more than 49% of the stock without coming back to the city. Mr. Price also requested that the current Skydive Sebastian, Inc. lease with Sebastian Aero Services be extended for two months. Mr. Price said he will act as agent for Skydive Sebastian, although not as registered agent in accordance with corporate law. A lengthy City Council discussion followed relative to ownership of the leased property, construction on the property, a proposed fuel truck and the question of other commercial activities on the leased premises. 11 Regular City Counc. January 26, 1994 Page Two Meeting MOTION by Oberbeck/Damp I would move that we approve the proposed two year lease as submitted by Mr. Price with regard to Skydive Sebastian. TAPE II - SIDE I (8:50 p.m.) ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 MOTION by Powell/Oberbeck I'd like to make a motion that we add this to the agenda, the request for extension of Skydive Sebastian lease which expires January 31st. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 The City Attorney recommended that language subsequent to FIRST be stricken and the word RESERVED be added. Mr. Price said the term of six months need to be stricken and changed to two months. MOTION by Oberbeck/Damp I'm going to move to approve a sub-lease between Sebastian Aero Services and Skydive Sebastian for a period of two months beyond their existing lease. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 12 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Asphalt placement Barber St Railroad Crossing Approved for Submittal By: City Manager .~d/ Agenda No. Dept. Origin Date Submitted For Agenda of ENG / PW 1-19-95 1-25-95 Exhibits: FEC cost estimates agreement, bid specs, etc. EXPENDITURE REQUIRED: 3,782.00 AMOUNT APPROPRIATION BUDGETED: REQUIRED: 0 SUMMARY STATEMENT As additional information regarding the payment of the above asphalt overage, I have enclosed copies of the railroad agreement for this crossing, the specifications which were put out to bid, a copy of the letter from the railroad with their cost estimate attached, copies of correspondence from 1989 when this crossing was rehabilitated, and copies of cost estimate for the Schumann railroad crossing rehabilitation back in 1991. If you review these estimatesj cost of the asphalt placement was between $5,000 and $6,000 each time. The Schumann crossing took 50 tons of asphalt in 1991 and the Barber Street crossing took 50 tons in 1989. I spoke with Mr. William Riehl from the FEC and he indicated that their cost estimate was based on 40 feet of pavement replacement on either side of the centerline of the tracks. In actuality, there is 44 feet on the east side and 46 feet on the west side of new pavement. He indicated that a $1300 overage above their $4700 estimate was not unusual and well within their guidelines if they were making payment had we not elected to participate. As you can see from the attached cost estimate they did in fact estimate the asphalt at $4700 with a 10% contingency bringing the total estimate to $5,387.10. I hope this information helps you and I recommend payment be made to Dickerson for the overage. RECOMMENDED ACTION Move to approve the payment of the additional asphalt tonnage in the amount of $3,782. to Dickerson of Florida Inc. THIS AGREEMENT, to be effective from the .'~)-_~day of /%__ RAILWAY COMPANY, (Address: Post Office Drawer 1048, St. Augustine, Florida 32084), a Florida corporation hereinafter called "RAILWAY" and CITY OF SEBASTIAN, a municipal corporation of the State of Florida, (Address: P.O. Box 127, Sebastiah, Florida 32958), hereinafter called "SECOND · PARTY" 1. The Parties will file joint application with the Department of Transportation and make their best effort to open the Stratton Avenue crossing near RAILWAY'S Mile Post 218 + 146' and to close the Truman Street crossing (sometimes called Fi'rst Street) near RAILWAY'S Mile Post 214 + 1390', but they recognize that the ultimate decision rests with the Florida Department of Transportation. The opening and closing of these crossings must be accomplished in accordance with this contract; therefore, the parties agree that such opening and closing will not occur if for some reason any portion of this contract is not enforceable. Further, the parties agree that under no circumstances will Stratton Avenue crossing be opened unless Truman Street crossing is closed in accordance with the terms and conditions of this Agreement. I. OPENING OF THE ST~TTON AVENUE CROSSING: 2. That the RAILWAY, for valuable consideration and the covenants and agreements herein contained to be performed and kept by the SECOND PARTY-, does ~ereby give and license unto the SECOND PARTY the right and privilege to use, for public at-grade road crossing purposes only, that part of the right-of-way and property of the RAILWAY at the location described in Appendix A attached hereto and made a part hereof, and hereinafter referred to as the "Stratton Avenue crossing site". 3. The SECOND PARTY shall have and use the crossing site as a licensee, but legal possession of the crossing site shall remain with Railway. 4. In consideration of the granting of this Agreement by the RAILWAY, the SECOND PARTY covenants and agrees with the RAILWAY as follows: A. That the crossing site shall be used for public at-grade road crossing purposes only across the RAILWAY'S right-of-way and tracks, and except as herein provided, no pipe, wire, rail, or other line or structure shall be placed in or on the crossing site without the previous consent in writing of the RAILWAY. SECOND PARTY further agrees that the crossing site will at all times be kept clear o~f any vegetation or other growth greater than two feet in height on each side of the tracks at the expense of SECOND PARTY and' uithout cost to RAILWAY or lien upon RAILWAY'S property. B. The provisions and stipulations of this Agreement are a part of the consideration of the. licensing of the crossing site, and in the event the said SECOND PARTY shall fail to comply with any of the covenants and conditions, then this Agreement shall be void and shall terminate with full right on the part of the RAILWAY to re-enter, repos- sess, and remove the crossing if it shall elect to do so. C. The SECOND PARTY hereby grants unto the RAILWAY necessary permits for the installation, construction, erection, repair, and maintenance of any of the RAILWAY owned or maintained facilities described in this Agreement. D. Unless otherwise specified, the cost of installa- tion, construction, maintenance and replacement of all facilities at the crossing site, including but not limited to the crossing structure and railroad and highway devices whether performed by the SECOND PARTY or RAILWAY, shall be the sole responsibility of the SECOND PARTY. The cost for ~ annual maintenance of the railroad devices is covered in Paragraph G and shall be the sole responsibility of the SECOND PARTY. E. The RAILWAY shall construct, maintain and replace the crossing structure across the rails and ties at the crossing site at the sole cost of the SECOND PARTY. The RAILWAY has the discretion to determine when the crossing structure needs to be replaced or maintained and may replace the crossing structure when necessary. It is anticipated that the initial crossing structure will be a concrete # structure and the estimated cost of construction is set forth in Appendix B. The SECOND PARTY shall, at its sole c~st and expense construct, maintain and replace the remainder of Strstton Avenue located inside the RAILWAY'S right-of-way~ including any paving that may be necessary. At any time that the SECOND PARTY shall come onto the RAILWAY'S right-of-way to perform work, the RAILWAY shall be notified in advance in accordance with Paragraph 10 so that RAILWAY can provide a flagman at the crossing site to coordinate the work being performed by the SECOND PARTY and train operations. The cost of flagging will be borne by the SECOND PARTY.- F. The SECOND PARTY agrees, acknowledges and under- stands that the RAILWAY reserves the right to make any desired changes at any future time in its existing tracks or other facilities, including the installation, maintenance and operation of any additional track, or tracks or other facilities on its right-of-way at the crossing site. The SECOND PARTY agrees to bear the total expense of any changes, or additions to the pavement, railroad devices, other railroad signalization equipment, and crossing struc- ture at the crossing site whether these changes or additions are required by law or order of any public or judicial authority, done voluntarily by the RAILWAY, or requested by the SECOND PARTY. G. The RAILWAY shall construct, maintain and replace flashing lights, bells and gates (Class III, Type III), ~eferred to jointly as "railroad devices" at the crossing site. The estimated cost of such railroad devices is set forth in Appendix D. SECOND PARTY shall pay unto RAILWAY the annual cost of maintenance of said automatic crossing protection devices as provided in the Florida Department of Transportation's SC~{EDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES as may be amended (See Appendix C), annual maintenance currently being $980.00. The aforementioned railroad devices are owned by the RAILWAY, and shall remain at the crossing site until it is agreed between the parties that the railroad devices are no longer needed or other legal requirements are imposed which shall eliminate or substantially change the operation of the railroad devices. H. The SECOND PARTY agrees that it will install, main- tain and replace all necessary drainage facilities to pre- vent the accumulation of surface water due to the existence of the crossing site. Such facilities must first be ap- proved by the RAILWAY and any other governing bodies having jurisdiction thereof and operation of the facilities shall also be subject at. all times to their approval. An addi- tional license agreement may or may not be required by the RAILWAY, depending upon the type, size, depth and other specifications of the proposed facilities, as submitted to the RAILWAY. I..Lighting facilities adequate to comply with the requirements of the laws of the State of Florida covering illumination of road crossings shall be installed, maintained, and replaced at or near this crossing site by the SECOND PARTY. J. The SECOND PARTY further covenants to pay, either directly or upon bills presented unto SECOND PARTY by the RAILWAY within thirty (30) days after presentation of the same, all bills for electricity for the lighting and illu- mination of the crossing site. K. The SECOND PARTY agrees to maintain a general lia- bility master insurance policy having a combined limit of $1,000,000.00 for personal injury, death and property damage per oacurrence, insuring the RAILWAY against claims arising from accidents related to the use of the Stratton Avenue crossing site. The RAILWAY has advised the SECOND PARTY that it maintains a general liability master insur- ance policy covering such incidents and the SECOND PARTY may participate in that policy by reimbursing the RAILWAY for its pro rata share of the premium or the SECOND PARTY may provide a similar policy with the same limits with an insurance carrier acceptable to the RAILWAY, insuring the same incidents. Such insurance shall remain in force and effect during the entire period that the crossing site is open pursuant to this Agreement. L. At the termination of this Agreement for any cause, or upon termination of the SECOND PARTY'S use of the crossing, site as herein described, the SECOND PARTY shall remove, at its entire cost and expense, said road and all non-RAILWAY owned improvements placed upon the RAInWAY'S right-of-way and restore the ground to its original con- dition. II. CLOSING OF TRUMAN STREET CROSgIN_g: 5. The Parties agree that the Truman Street crossing shall be closed and the crossing structure and railroad devices shall be removed. Adequate warning devices and barricades shall be placed to prevent motorists from attempting to utilize the former crossing. All costs for the removal df the crossing and the placement of warning devices shall be borne by SECOND PARTY. 6. The SECOND PARTY agrees that it will not file an application to reopen the crossing at Truman Street or any proposed crossing within a mile of either side of Truman Street, and if such application is filed by any other party, it will not lend its support to such application. This provision is null and void and of no legal significance after the passage of 10 years from the date of the execution of th is agreement. - III. PROVISIONS APPLICABLE TO BOTH THE OPENING TRUM._A~N ST_RE_ET CROSgIN_GS_: 7. SECOND PARTY shall indemnify and hold harmless the ~J\ILWAY for assessments or other charges of any kind whatsoever against the RAILWAY at any time for any portion of public improvements installed on or within two hundred (200) feet of the crossing site or arising out of the existence of the crossing site, and any assessment or other charges against the RAILWAY resulting from or arising out of the existence or elimination of the Truman Street crossing. 7 8. The SECOND PARTY shall not take any action that will prevent or tend to restrict the operations of trains over the crossing site. 9. The SECOND PARTY will include in any contract which it may let for the whole or any part of said work to be performed hereunder by or for the SECOND PARTY, each and every of the .terms and conditions of the two pages attached hereto as Appendix E and made a part hereof entitled, "INDEMNITY TO THE FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH iNDEMNITIES" and "INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED, KEPT iN FULL FORCE AND EFFECT AT COST OF CONTRACTOR". 10. SECOND'PARTY shall give the RAILWAY one (1) week's advance notice when the SECOND PARTY or its contractor or anyone claiming under this Agreement proposes to enter upon the crossing site to perform work under this Agreement in order that proper warning may be provided for trains; except that in emergency situations SECOND PARTY shall only be required to give the RAILWAY such advance notice as is practicable under the circumstances. 11. Installation, maintenance and replacement of any and all railroad advance warning signs and pavement markings on any road approaching the crossing site shall be the sole responsibility of the SECOND PARTY, and at its sole expense. 8 12. The Parties understand that it is agreed that all terms and conditions of this Agreement must be complied with and if any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the entire Agreement shall be null and void. 13. This Agreement will be governed by the laws of the State of Florida. It constitutes the complete and exclusive statement of the Agreement between the parties which super- sedes all proposals, oral or written, and all other communi- cations between the parties related to the subject matter of this Agreement. Any future change or modification of this Agreement must be in writing and signed by both parties. 14. It is understood by and between the respective parties hereto that this Agreement cancels and supersedes any Agreements between the RAILWAY and SECOND PARTY covering Truman Street. 15. This Agreement may be terminated upon consent of both of the parties or upon order of the Florida Department of Transportation or its successor agency having competent jurisdiction. IN WITNESS WHEREOF, THE RAILWAY and the SECOND PARTY have each caused this instrument to be executed in their corporate names and respective seals to be hereunto affixed in duplicate the day first hereinafter written by their undersigned officials thereunto lawfully authorized. Signed, sealed and FLORIDA EAST CO~q~AST RAILWAY COMPANY, d9livered in-the a Flo~-f~c~ora~ion/~ /~ ~esence of: CITY OF SEBASTIAN, a municipal corporation of the State of Florida acting by and through its Board of , C i t y.Comm is s i~e rs. SECOND PARTY TITLE: city Clerk DATE: July 24, 1984 10 ASPHALT STREET. SPECiFiCATiONS FOR PLACEMENT COMPACTIONS FOR RAILROAD CROSSING AT BARBER The contractor shall provide all materials, labor, supervision, equipment, and tools necessary to satisfactorily place and compact asphalt pavement at the Barber Street (formally Stratton Avenue) Railroad Crossing in accordance with FEC Railroad requirements. SCOPE OF WORK The work is to rehabilitate the existing crossing of the railroad in accordance with the Florida Department of Transportation, Department of Highway Standard index 560, Type T Modified. The approach paving is to be of material and workmanship in accordance withFDOT Standard Specification for Road and Bridge Construction. The railway, will remove all paving and crossing material area . in an ~n length of the crossing approximately elght___~feet both sides of the center line of the tract. The tract will be rehabilitated and raised approximately one (1) inch above the current elevation. The railway would then be reinstalled with the concrete segments of the road service. The contractors responsibility would be at the direction of the railway supervision, .inst~ll all asphalt material to reconstruct the roadway service, include filling of the volume between the tract rails and crossing slab segments. The raise in the tract elevation will require a feathered distance beyond the surface area. FDOT Type Si Asphalted Concrete. 17 June 1994 Sebastian: Mr. D. E. Eckis City £ngneer City of Sebastian 1225 Main Street Sebastian, FL 32958 FLORIDA EAST COAST RAILWAY COMPANY Ol~l MALAGA ~TIIF. ET, P. O. ]BO~ 1~48. liT, ALIGIJSTINIF.. F~}ItIDA 5ffi)~ File: 218/39/171 Grade Crossing Rr..habilitation Strattrm Avenue, 272974-H Notice of Intmt to Work DmSng a meat field inspection, FEC pe~onnel nottxt the fide quality for both railway and hi~hw~ traffic over the above n~ferenced grade ~ossing h~s declined to the point ofr~xl~firing rehabilitation. In ord~ to restore ncceptable levels of smface conditions for both highway mad railway traffic, we intend to schedule the rehabilitation work within the coming sixty days. In accordance with the terms ofthe agreement dated 30 August 84, certain portions of the co~t of this rehabilitation are the r~sponsib'dity of the City. The costs to the City are as outlined in the enclosed estim, te and are limited to the highway portion of the work which indudrs the cn~sing ,ufface, asphalt work, and the maintenance of traffic during the road closure. The total estimated cost to the City for the proposed work is $10,709. It should be noted here that this is an estimate only and all charges will be billed to the City on an a~ml cost basis. Please review the above and the enclosed estimate. If acceptable to the City, please acknowledge this letter by providing a let~ of authorization ag~st which we may bill for this work. In the int~Sm, Mr. J. D. Bussa, FEC's Roadmaster responsible for the work, will be in contact to coordinate the scheduling of the road closure. If you have any question concerning the rehabilitation, please do not hesitate to contact me. Sincerely, William S. Riehl III Senior Staff £ngineer enclosure C. R. Lynch G. E. Clegg - Please proceed with the scheduling of the work J. W. Knight - Please annotate your database accordingby. D.' A. Smith . Please retain the estimate for comparison with your final billing. · s EAST COAST R~dLWAY COI~P,~4Y . t' AUGUSTINK, FLORIDA SEBASTILA~: R]:HABILITAT~ ~STI~IG TYPK T.MODIFIi~) GlO, DE C1RO~ItNG STR~TTON AVlg:NU~ 2'/29e/~H 10.00~ COST P, ECAHTULA't'ION Conat~ct Track panel 411 .~l 271.~1 4,191.61 ~a 417.41 ~t~ of Tr~ 1~.~ 21.45 ~a 1,~.~ 1~9.34 R~ C~ S~ 1~.91 101.14 Ma ifa ~.~ ~e & S~ T~ 610.~ 651.13 1,52S+~ ~a 271.~ R~ C~ S~ 134.91 101.14 3,10~.~ ~a 333.93 ~ce ~ 1~.~ 21.45 ~a 4,7~.~ 4~.74 ~o~Shc ~ 574.~ 67.41 ~a ~a ~. 15 To~: 4,~0.T4 ~tTT.~5 IJ20.32 ~,~.~ ~16S.26 TOTKL PROJECT cOST: TOTAL COST TO B]~ BORNE BY FEC: TOTAL COST TO BE BORN~ BY CITY: 22,2~.S4 ll,~'L19 10,7011.6~ 926.91 ~Ft 21 FI i0 Ft 06/17/94 16:22 n/a 5,362.33 FEC n/a 1,513.98 FEC n/a 1,532.70 City (1,~1.~) ~.21 ~a 3,~3.21 ~a ~05.62 ~C (1,~5.02) 2~245.84 I I i I I I I i I I P: O. DRAWER 1048. ~N~ MALAGA ~TREET, ST. AUGt.ISI'INt;.. FLORIDA Janaury 16, 1989 File: 550 (MP 218 + 171') City of Sebastian P. O. Box 127 Sebastian, Florida 52958-0127 Gentlemen: The crossing at Stratton Avenue, Railway's Milepost 218 + 171', is currently in need of rebuild in order to provide a smooth riding surface for the motoring public and Railway traffic. It is proposed to repair the track by removing the existing concrete crossing, surfacing the track and replacing the crossing. Paving transitions will be constructed as soon as possible after crossing work is completed. In keeping with agreement between the City and the Raiwlay, you may exercise your option to perform all work in connection with paving the grade crossing. Your approval for this work by the Railway is requested within twenty (20) days in order that the necessary rebuild can be scheduled at an early date. Since re ly W .! S'. STOKELY Chief Engineer WSS:JWK:cw Attachment , ! SEBASTIAN: Rework existing 24' wide Type "T" Modified Grade Crossing at Stratton Avenue. Estimate of cost to remove and replace existing 24' wide Type "T" Modified grade crossing located at FEC Milepost 218 + 171' CROSSING WORK Remove and replace 24' wide Type "T" Modified grade crossing @ $67.2$ Cost of Paving Maintenance of Traffic Engineering and Supervision Miscellaneous and Contingencies $1,614.00 1,000'.00 86.00 $9,200.00 FLORIDA EAST COAST RAILWAY COMPANY Office of Chief Engineer St. Augustine, Florida 32085 Janaury.16, 1989 WSS:JWK:ccw r'tOPib~ EA?,'r COASI RAILWAY COMPANY ©FFI(.E OF SEiIIOD ASSISTANT ENGINEER c-i . AUAUSIINE, rLORIDA 219/39/3116 8/19/91 JWK ~.r-_B~$TIAN: REHA~3ILITATE EXISTING TYPE T-HODIFIED GRADE CROSSING. .SCHUt4AtJN DRIVE HILEPOST 219+3116, AAR/DOT NO. 272164R E~TIHATE OF COST TO REHOVE AND REPLACE 1-24' WIDE TYPE ?-HODIFIED GRADE CROSSING. D~,CRIPTION NUMBER UNIT UNiT PRICE COST P'¢ PAILWAY AT RAILWAY EXPENSE E$1IHATED RAILIJAY EXPENSE 24.00 T.F. $167.00 $4,008.00 300.00 T.F. $1.2~ $37~.00 1.00 L.S. $517.00 ~517.00 $4,900 .OO [qY R~ILH~Y AT CITY EXPENSE n.,.ove ~.d .er~lece $1ab~ ~pha I t Paving F-gi-.ert.g end Supervision i,-~frlc Hal -te.~nCe F~TIII~TED CITY EXPENSE 24.00. T.F. $92.00 ~2,208.00 ~O~____~_-g_~.OOTONS $120.00 $6,000.00 --24.00 H-HR $18.00 $432.00 3,00 DAYS ~300.00 $900.00 1.00 L.S. $~60.00 $560.00 $10,100.00 SUHMARY OF ESTIMATED EXPENSES tqY PATLUAY AT RAILWAY EXPENSE P'¢ RnlLti^Y Al CITY EXPENSE TOTAL ESTIHATED PROJECT EXPENSES $4 ,'9OO .00 $10,100.00 $15,000.00 ~760 SELV~T~ RD, ' . PLANT CUSTOMER ( ) DICKER$~N FL~ INC. TICKET: ~T60 ~LVITZ RD ~T P~ERCE ~L DAT~: 10/~0/94 19455- J~B/LBCATI~N RR CRSSSING BA~R S 1~:49 GR~SS: 69600 S~BA~TZAN ~ PRODUCT R~C.S-1 NET: 41940 TRUCKER D~:KERSON J~B/PRBDUCT TOTALS: - 0 ..... - 0 REC. S-1 - 0 - 1 - ~0. gT ....... - .............. 9014 ~-19-199~ DICK~q ~1-~, INC. I I I t~O 14 D I~EERSON FLORID~ $750 SELVITZ RD. FT, PIERCE FL PLANT CUSTOMER ( ) DICKERS~N FLA INC. ~T60 SELVITZ RD PIERCE FL TICKET: 12 DATE: 10/~0/94 19455- JOB/LOCATION PRODUCT TRUCKER I JBB/PRODLJCT TOTALS RR CROSSINO BARBER SEBASTIAN REC. $- 1 1~:56 GROSS~ 66700 12:5~ TARE: ~7~0 NET: S9480 RECEIVED BY ~X~X~~~X~~ i~-,='I._~v~F~Y DIO(l~SO~ FL~ INC. D I cKErSON fLOR ~ DA ~760 SELViTZ RD. FT. PIERCE fl PLANT U14 901~ CUSTOMER ( ) DICKER$BN FLR INC. 3760 gELVITZ RD FT PIERCE FL JOB/LSCATI~N RR CROSSING BARBER S SEBASTIAN ~ PRODUCT REC.~-I ~6 TRUCKER D~CKERS~N JOB/PRODUCT T~TALS: TICKET: DATE: 10/20/94 16:04 ~RSSS: 16:0~ TARE: NETt LBAD: 69160 I ~7~60 41900 I ~0.9~ D ~"l_. ]~ V'.'.'.'.~ ~y TEMPERATURE TOTAE P. ~4 City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589*5330 13 FAX (407) 589-5570 AGENDA FORM SUBJECT: Abolish Motor Voter Bill APPROVED FOR SUBMITTAL BY: City Manager: ~,~,/ ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: N/A City Clerk 1/19/95 1/25/95 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Vice Mayor Corum has requested placement of an item on the January 25, 1995 agenda relative to ask Congress and State legislators, by means of a Resolution, to abolish the Motor Voter Bill. * Unnecessary unfunded mandate * Register with no proof of I.D. RECOMMENDED ACTION Direct staff to draft a Resolution. \ws-min