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Home My WebLink About02021994 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL _ WORKSHOP MEETiNG . WEDNESDAY, FEBRUARY 2, 1994 - 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. 1,nq,!v. iduals shaft, address, the City Council with respect to agenda items immediately prior to aetioeration oj me item t~y the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-199 Introduction of New Business from the Public shall not be allowed at City Council Workshops (R-93-19). 1. CALL TO ORDER ~ ~crx 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ~ MODIF..ICATIO.N.,S (ADDITION_S ~ DEL.ETIONS) Items not on the written agenda may be added oni~ upon unanimous consent of the Council members present (Resolution No. R-93-19). 5. PROCLAMAT ! ONS / AlaN. OUNC E_ .MENTS 94.037 A. Presentation of Certificates to Sebastian Police PGS 1-2 Department Community Service Volunteers (Chief of Police Transmittal and Memo dated 1/19/94) . ~. ,~ 94.035' 3-4 94.036 P~S 5-8 94. 038 PGS 9-10 ITEMS CARRIED FORWARD FROM THE JANUARY ~6, ..1994 REGULAR MEETING INTRODUCTION QF NEW BUSINESS ~ THE ~ (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) Sal Neglia, President - Sebastian Highlands Property Owners Association - Request Monthly Agenda Item (City Clerk Transmittal dated 1/19/94, Neglia Letter dated 1/16/94) Richard Rosenkranz - Jim Caldwell - Request Monthly Breakfast at Community Center - Senior Citizens - Last Saturday of Each Month - 8 am to Noon - Waiver of Rental Fee and Security Deposit - Sponsored by Treasure Coast Senior Services, SHARE, Kashi Church Foundation, and Sebastian Junior Women's Club (City Clerk Transmittal dated 1/19/94, Rosenkranz Letter dated 1/12/94, Application) Herbert Sturm, 549 Saunders Street - City Council Loyalty Oaths (Had Signed to Speak) B. MAYOR AND CITY COUNCIL MATTERS 1. Mrs. Norma DamR 2. ~ ~obert ~.reeland 3. Mayor Lonnie ~.~ Powell 4. Vice-Mayor Frank gberbeck 5. Mrs. Carolyn Corum 7. CONSENT AGENDA 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. Waiver of Bidding Procedure - Purchase Three Chevrolet Caprice Sedans - Jerry Hamm Chevrolet, Jacksonville - $13,144 - State Contract Price (Chief of Police Transmittal dated 1/12/94, Chief of Police Memo dated 1/12/94) I '1 I I I I i I I i I I I I I I I I I I I' I I I I i I I I i i I I I i i i 94.003 PG 11 94.039 PGS 13-15 94.040 PGS 17-19 8. 9. 10. 94. 041 PGS 21-22 94.042/ 92. 069 PGS 23-33 94.043/ 93.248 PGS 35-37 94.044/ 93.050 PG 39 94.045 PGS 41-46 Appoint Andre Dorawa, Ando Building, to Equity Study Commission (City Clerk Transmittal dated 1/27/94) Douglas Development - Specimen Tree Removal Request - Several Pines - One Oak - Lots 1-5, Block 1, W.A. Martin Subdivision (Director of Community Development Transmittal dated 1/21/94, Application, Survey) D. Sebastian Panthers Request for Community Center 2/11/94 - 6 p.m. to 11:30 p.m. - Fundraising Dance - Waiver of Rental Fee and Reduction of Security Deposit to $100 (Currently on Hold) - (City Clerk Transmittal dated 1/25/94, Application) CITY ATTORNEY MATTERS CITY MANAGER MATTERS .-------~ WORKSHOP ITEMS Indian River County Council on Aging, Inc. Proposal Re: North County Senior Center (City Clerk Transmittal dated 1/25/94, Fletcher Letter dated 1/25/94) Traffic Circulation Plan - Review Report and Direct Staff to Present Plan to Indian River County - Include Gibson Street Alignment in 20 Year Traffic Implementation Plan (City Engineer Revised Transmittal dated 1/14/93, Maps, Plan Previously Distributed) Discuss Use for Old Library/Teen Center Building - Building Inspection Report (City Clerk Transmittal dated 1/27/94, Director of Community Development Memo dated 1/26/94) Ds Riverview Park Conceptual Plan (City Engineer Transmittal dated 1/18/94, Revised Site Plan Under Separate Cover) Determine Whether City Council Wishes to Support the Extension of the Sebastian Inlet Channel by Means of a Resolution (city Clerk Transmittal dated 1/27/94, Collins Letter dated 1/17/94, Tippin Letter dated 1/7/94, IRC Resolution, Sun Article) 94. 046 PGS 4?-55 94. 047/ 93.336 PG$ 57-65 11. Golf Course Foot Bridge (City Engineer Transmittal dated 1/27/94, Anderson Agreement, City Engineer Memo dated 1/24/94) Discuss Scrub Jay Issue (Director of Community Development Transmittal dated.l/27/94, Fish & Wildlife Application, Draft Letter, F & W Letter dated 12/22/93) AND ~ COUNCIL MATTERS A. Mr. Robert Freeland B. Mayor Lonnie R. Powell C. Vice-Mayor Frank Oberbeck D. Mrs. Carolyn Corum E. Mrs. Norma Damp 12. 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. 4 I '1 I I I I I I i I I I I I I I I I I City of Sebastian I PO~T OFFICE BOX ?80127 ~ SEBASTIAN. FLORIDA 32g78 TELEPHONE (407} 589-~330 SUSJEC~; Present Certificates of Service to the Police Department Curability Service Volunteers Approved For Submit%al By: Agenda No. Dept. Origin Dale Submitted For Agenda Of Police 01/19/94 02/02/94 Exhibi ts: Memorandum Fram Chief Petty, dated 01/!9/94, Certificate of Service for Each Volunteer. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPR/ATIO~ REQUIRED: SUMMARY STATEMENT During the period January 1, 1993 thru December 31, 1993, the Sebastian Police Depa~b,ents Cozmumity Service Volunteers donated a total of 3,448 hours of service to their cumunity by aiding the police department in the following areas; 1. Housewatch Program 2. Courier Runs - 3. Residential and ccmmercial security surveys to assist in Ct/me Prevention 4. Neighborhood C-r/me Watch Program 5. Ccmputer Data Entry 6. Parking Control at City Events The Certificate of Service presented by the mayor to each volunteer is just a small token of apPreciation for a job well done. The mayor present each Cc~munity Service Volunteer with a Certificate of Service. ~L POLICE (407) 589-5233 Eari~ L. PeRy, OhieJ of ~oli~ DATE : January 19, 1994 TO : '-Kathryn O'Halloran, Acting City Manager ~ROM : Earle Petty, Chief of Poli~ SUBUEOT: Certificates of Service for Police Department Community Service Volunteers Request that Mayor Powell present the following Community Service Volunteers with a Certificate of Service at the city Council Workshop on February 2, 1994; 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Kathy Brauer Howard Brauer Julio Carosi, Coordinator Pauline Carosi Terry Carosi Clyde Engle Marvin Goldman Albert Jordan Earl Kieffer, Assistant Coordinator Joseph Morozowski Paul Mouser Charles Neri John Price James Stanberry Helen Sterling Robert Stuart James Sweeney Robert Vollmar, Chaplain Carl Wolf Our volunteers donated 3,448 hours of service to the police department and the community. They are dedicated, enthusiastic people with lots of energy and good ideas. They provide our department with the additional resources needed to meet the community's call for service. They are not an arm of the police department, they are the heart of the city. EP/jh i I' I I I I i I I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: Sebastian Highlands Property Owners ~ssociation Request for Agenda Title on City Council Agenda - Second Meeting of Month A~ROVED FOR SUBMITTAL BY: City Manager: ~/.~ _.~/,~ ) Agenda No. -- Dept. Origin C_i~Clerk Date Submitted For Agenda Of 1/26194 Exh±bits: * Neglia Letter dated 1/16/94 EXPENDITURE AMOUNT APPROPRIATION REQUIRED-. BUDGETED: REQUIRED: Sal Neglia, President of the Sebastian Highlands Property Owners Association, has requested placement of a permanent agenda title for the association on the City Council agenda for the second meeting of each month. With due respect to the association, I believe that they have'the ability, as does any other group or individual, to address City Council at any regular meeting during "Introduction of New Business from the Public" and not be restricted to the second meeting of each month. I am also concerned that if the Sebastian Highlands Property Owners Association is given a permanent title, we will be required to accommodate other organizations or individuals. REC,OMM~.. NDED ACTION Review and act on the request. \ws-min\shpoa t $£11Ab"I'IAN PROPI~.TY OWNEKS ASSiK~TION i January !6, 1994 I Mayor Lo~ie Powell Sebastian City Hall Main Street Sebastian,-Florida 32958 Dear Mayor Powell, The Sebastian Property Owners Association would like to request an agenda title once a month to be included on the second monthly meeting agenda of the Sebastian City Council. A permanent slot on the agenda will remove the risk of having no time for input, on behalf of our membership, when a meeting is concluded due to a time limit. Having a listing on the second meeting of each month will be best. This affords our membership an opportunity to voice their concerns and/or questions when they 'meet the first Monday of the month. Thank you, and all the Council Members, in advance for your consideration in this matter. cc: Vice Mayor Frank Oberbeck Council Person Carolyn Corum Robert Freeland Norma .Damp Sincerely, Sebastian Property Owners Ass,I City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 AGENDA FORM Request ~o Use Community Center Monthly-Breakfast for Seniors Waive Rental and Security APPROVED FOR SUBMITTAL BY: Agenda No. Dept. Origin Date Submitted For Agenda Of Citv 1/2.6/94 Zxhibits: 2-2'~ * Rosencranz Letter dated 1/12/94 * Application (Caldwell Permittee) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY This office has received a request from Richard Rosencranz to utilize the Community Center on the last Saturday of each month for a breakfast gathering for senior citizens from 8:00 a.m. to noon. The breakfast would be sponsored by Treasure Coast Senior Services, SHARE, Kashi Church Foundation and Sebastian Junior Women's Club. He requests that the City Council waive the rental fee and security deposit. The standard rental for this use by a charitable organization would be $50, $12.50 kitchen use and $250 security deposit. Upon review of the Community Center calendar, I find that the last Saturday of the months of January, February, March, June and July are already reserved. There are other Saturdays available, however, I am concerned since Saturday is the only day available for booking by private parties and organizations for weddings anniversaries, dances, etc. ' All weekdays are reserved for Indian River County recreation programs and the Treasure Coast Senior Service~ luncheon. RECOMMENDED ACTION Review and act on the request. \ws-min\breakfast Richard Rosenkranz P. O. Box 622 · Roseland, Florida 32957 Kathryn M. O'Halloran City Clerk City of Sebastian P.O. Box 780127 Seb~stian, FL 32978 1/12/94 -- Dear Ms. 0'Halloran: I have filled out the application as fully as I could. Names are included of the various groups sponsoring the breakfast, along with names of people to contact if you choose. Ail of the contact people live in Sebastian, except myself, and I live in Roseland. These same groups have worked together for ten years, along with a few other groups, putting on the Thanksgiving and Christmas Dinners for area senior citizens. We would appreciate your waiving the rental fee and security deposit for this charity event. We appreciate your cooperation and assistance. Sincerely, CITY OF SEBASTIAN RENTAL PERMIT APPLICATION N~e of ~t~r / 0r~izstio~ Seniors Bre~ast Con,tee Humber o~ Pe~oa~ con~t~tu~ing group or.o=guhation: Reason lot R,ntal To nm2~e a joyful monthly gathering for the elderly of this area Re~uented Date The last Saturday of each month, starting in February Approx. lO0 coming to breakfast; 15 6 'servers ~ime of ~: Fr~ 8 ?0 noon Heese m~mer ~S o~ ~: I) Are kibhen facJ. l~ties r~ir~? Yes (bL If alctd~ol i{ to be served. ~rmdssio~ is ~r~r~ .~ ~e ~t of R~. ,, 7~ T~: Jim C~ldwell 32958 l~ of P~'mittee: Add:~s{ Of PeD{/{:tee:, 922 La. co Ave., Sebastian, FL Teiep~e ~.2 388-2068 ~{te of ~I{~3~ 1/12/94 {'hke ,'d,ec,~ p~l~ble to: {llTr 0l~ ~ * Sebastian Treasure Coast SI Services(Jim Caldwelli The SHA~E Program from St. Elizabeth's Church(Dave -- Cos'ct Kashi Church Foundation (Richard Rosenkra~ Sebastian Junior Women's (Teddy Hulse) Al~hohc 8~e~ R~ bean a~ the ~0~i ~e~t~ on (date). ~ Pi~ Date ~eT a~unt of ' on (date} City of Sebastian I POST OFFICE BOX 780127 o ~EBASTIAN, FLORIDA :~2978 TELEPHONE (407) 589-~5330 FAX 407-5B9-5570 SUBJECT: Request for Waiver of Bidding Procedure Approved For Submittal By: y Maaager,3W/ ? ,/y,, ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: ) ) ) 01/12/94 02/02/94 .. Memo dated 01/12/94 frcm Chief of Police EXPENDITURE AMOUNT REQUIRED: 39,432 BUDGETED: 39,000 APPROPRIATION REQUIRED: SUMMARY STATEMENT Request the waiver of bidding procedure to purchase (3) 1994 Chevrolet Caprice Sedans (1BL19) from Jerry Hamm Chevrolet, Jacksonville, Florida, at the quoted price of $13,144, this is current state contract price. RECOMMENDED ACTION Move that a waiver of bidding procedure be granted and the Acting City Manager be given authority to purchase (3) 1994 Chevrolet Caprice police vehicles. SEBASTLkN POLICE Earle L. ~e~y, ~hie~ o~ Police Office of the Chiel 1225 Main Street Sebastian, FL 32958 (407) 589-5233 II IIIIII I II I 1~ E ~ 0 R A N D U M DATE : TO : I~ROM : SUBJECT: January 12, 1994 Kay O'Ha!loran, city Clerk/Acting city Manager Earle L. Petty, Chief of Poli(e~ Request for Waiver of Bidding Procedure I am requesting authorization for waiver of bidding procedure purchase four (3), 1994 Chevrolet Caprice classic pursuit vehicles. If approved these vehicles would be purchased from Jerry Hamm Chevrolet, 2600 Phillips Highway, Jacksonville, FL., PX ~ 904-398-3036, Attention: Fleming Bowden. The quoted purchase.price per unit is $13,144 at current state contract price. Ed Morse Chevrolet a_previous supplier does not wish to participate this year outside of Dade, Broward and Palm Beach Counties. DJP/jh I '1 I City of Sebastian 1225 MAIN STREET m SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA FORM Equity Study Commission ) __ Appoint-Andre Dorawa - Ando Corp. ) Dept. Origin ) ) Date Submitted ) _~.~ROVED FOR SUBMITTAL BY: ) For Agenda Of 2_~ .Cxty Manager: ~TT..~/~ ) Exhibits: EXPENDITURE REQUIRED- AMOUNT BUDGETED: APPROPRIATION REQUIRED: SU~AgY Andre Dorawa, Ando Building Corporation, has volunteered for the occupational license Equity Study Commission. RECOMME~E~ ACTION Appoint Andre Dorawa to the Equity Study Commission. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 ~Q~-'-S~ TO REMOVK SPE:C!MEE TREES, DOUGLAS DEVELOPMEh? Approved For Submittal Dept. Origin: Communit}, DemeloDment_ , ' ( BC/~ Date Submitted: Oi f21?q4 ~ For Agenda Of: 02'0o,,'94 E×hibits: Land clearing application and survey. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: ~M..AR5 STATEMENT ......... the ci~,- Counci ' direction at i+= regular meetin~ of May 22, 1991, t-~e C-21y of Sebast:an Builci~.:'~ De~:~a:-nment requires a ~ree removal permit to be obtained prior to removal of trees. The applicant, Douglas Development, is requesting removal of several specimen pine trees and i specimen oak tree, located at 951 U.S. Highway i (Lots !-5, Block i, W.A. Martin Subdivision). The trees are located inside the perimeter of the property. RECOMMENDED ACTION Move to approve the ret]oval of specimen trees located at Lots 1-5 Block l, W.A. ~art/.n Subdivision. CITY OF SEBASTIAN / APPLICATION FOIl CLEARING AND REMOVAL AND/OR RELOCATION OF TREES No.: 1-- , ,Loc, NO[: / UNIT ADDRESS: .l~ Z. ~_l~'~dg PUONE: ~ -~2F~ ,/ ' ' ........ I certify that 'all the foregoing information is aeeurate and that all work will be done in compliance with the Land Development Code ( Article XIV APPLICATION MUST INCLUDE: ~. On ~r~ate ail specimen tree~ (20 inch dia,,eter or more). Indicate which trees to be removed and/or relocated. Indicate the species each tree. All specimen trees (20 inch diameter more) to be removed or relocated must obtain the approval of the Sebastian City council. A survey indicating all improvements must be submitted in relation to the removal of the specimen trees. 2. Applicant must tag all specimen trees with a bright ribbon around the tree approximately 6 feet above the grade. office Use Only S~E ~NSPSC~'~ON SY' ~ ~iUST OB'IAI~ CITY COUNCIL APPROVAL: YES:~ NO: IF YES, DATE OF CiTY COUNCIL APPROVAL: ...... I i' I I I I i i I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Sebastian Panthers Fund Raising Dance APPROVED FOR SUBMITTAL BY: Acting / City Manager: ~"-0~ AGENq)A FORA{ ) Dept. Origin ~ Clerk ) ) Date Submitted 01/25/94 ) ) For Agenda of 02/02/94 ) ) Exhibits: ) 1-Application ) 2-Letter Dated 01/24/94 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: The City of Sebastian has received a request from Patrick Morgan representing the Sebastian Panthers, requesting permission to use the Community Center on February 11, 1994, during the hours of 6:00 PM to 11:30 PM for a fund raising dance. They are requesting waiver of rental fees with a reduction of security deposit to $100.00, already on hold. SPECIAL NOTE: The "blanket type request,' referred to in the letter has been put on the February 9, 1994 Regular City Council Meeting Agenda for discussion and consideration. RE, CO .M~E.WDEn ~ Move to approve the request for a waiver of rental fees and a reduction of security deposit to $100.00. R£C£ VED ',.,~:,, OFFICE ~l~e ~ ~ o~ ~: 1) ~e ~tchen faculties re~i~t~ ~e ~ a ~i~t of Se~sti~ 3) NM1 de'rations ~ .~t ~, Will t~ere ~ a~ a~ssion or ~r ~e~~ W~ almholic ~e~g~ ~ se~? ~ ~t~'s pr~f ox (b) If alcohol is to ~ se~. ~ssio~ is re~ird b~ t~e ~t~ ~nci~ T~r re,est ~11 ~ presented to ~uncil flake checks payable to: CI~ OF ~ Semrit? ~sit pai~ on ~ ~ {tare) i~ the. ~unt of initial ~ Rental Fee pait on ~ (date) i~ the ~unt of ~~ ~,~k ~ ~ Or Cash initial ~ ~ooholic Beverage Re,est beard at the ~cil ~etin~ o~ ~ (date). Re~.t ~PR~/D~I~. ~ee ~aiver Re~est heard at the ~uml ~eetin~ on ~ ~ (date). Re~t ~PR~ / D~I~. let ~ickup Date ~ Key Retu~ Date Security De,sit retu~ee by City ~eck I in the or d~a~ (if appll~bXe)~ Sebastian Panthers, P~O. Box 781624 Sebastian, Florida 32978-1624 (407) 589-7670 January 2~. City of SeBastian Acting City Manager 1225 Main St. Sebastian, FL 52958 · Dear Ms. O'Halloran: Our organization woul~ like to De added to t~e agenda for the next scheduled City Council meeting to reouest permission to use the Community Center for a youth dance on February ii, i994 during the ~ours of a:o0 ~m to ii:50 pm and waiver of the rental fee. A security deposit of $100 is still on file with the City Yor this If at all possiOle, we would like to schedule a Oance ~or once a month and need to know if we can use this as a "blanket type reouest". Not only are we raising funOs for our non-profit youth football/~heerleading program but we are helping to keep tbe youth of this community involve~ an~ busy in a welt suDervise~ event. Sincerely, PATRICK MORGAN Fund ~aising Chairman I I I I i I i City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA FORM SUBJECT: Indian R~ver County Council on Aging, Inc. - North County Senior Center APPROVED FOR SUBMITTAL BY: City Manager:'~'/ ~~ ~o. qy.o~/ ) Dept. Origin C~y ~erk ) ) Date Submitted ~ ) ) For Agenda Of ~ ) ) Exhibits: * Fletcher Letter dated 1/25/94 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: ~ STATEMEN~r Arlene Fletcher, on behalf of the Indian River County Council on Aging, Inc., will address City Council with regard to the possible purchase of the U.S. 1 building currently being used by the Eagles, to serve as a North County Senior Center. RECOMME~ED ACTION Hear Mrs. Fletcher's presentation and offer input. TELEPHONE 407 - 569-0760 FAX 407 - 567-6944 ~"-' _ Indian River County Council On Aging, Inc. 694- 14th '~RE~ · P:O. BOX 2102 "'"~. VERO B~CH, FLORIDA 32961 ':,,'~_(::~~j." AR~NE ~ecut~ Dim~or January 25, 1994 Mayor~%nnie R. Powell City of Sebastian 1225 Main Street Sebastian FL 32958 Dear Mayor Powell: The Indian River County Council on Aging is considering purchasing a building in Sebastian for a North County Senior Center. The building is owned by the Strard family and is presently being used by the Eagles for their clubhouse. This building would be used for congregate meals, Adult Day Care, and a general focal point for seniors in the North County. It would free up the Sebastian Community Center for other city and county recreational activities. i am interested in the opinion of the Sebastian City Council as to any help you ~ight give to the Council on Aging in regard to building maintenance and utilities. I would like to meet with the City Council at your earliest convenience to discuss our proposal and hear any thoughts you might have. The building would, of course, be available to the community nights and weekends for civic functions, meetings, etc. I think this would be an excellent addition to the City of Sebastian and hope the City Council will support us in our goal. Sin~e~, ~ Executive Director ASF:jab cc: Kay O'~aloran City of Sebastia 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: Traffic Circulation Plan Approved for Submittal By: city Manager ) ) ) ) ) ) ) ) ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: Agenda No. Dept. Origin Date Submitted ENG / ~ 01-14-94 For Agenda of 02-02-94 Exhibits: Gibson St Alignment A. North of Main Street B. South of Main Street to Wimbrow C. South of Main Street to Delaware APPROPRIATION REQUIRED: SUMMARY STATEMENT The Traffic Circulation Plan has been completed and received from our consultant Kimley Horn and Associates on November 23, 1993. I felt that it was appropriate to present the Traffic Circulation Plan to Council at the February workshop to include two proposed aligrnnents of Gibson Street from the north City limits to CR 512. This alignment is identified in the Traffic Circulation Plan and is required to alleviate traffic congestion on the U.S. #1 corridor. The proposed alignment is indicated on the two exhibits included in the packets indicating the alignment north of Main Street and two alignments south of Main Street to CR 512. It is staff's desire to have the concurrence of City Council to approve an alignment so that it may be presented to Indian River County to be placed on the 20 year traffic improvement Plan and be eligible for traffic impact fees for the purchase of the right of way and future improvements. Exhibit "A" North Leg of Gibson Street from Main Street to North City Limits, meets the Traffic Standards as identified in the green book. This alignment has a beginning and a termus point which does not allow other alternatives. Exhibit "B" South le9 of Gibson Street for Main Street to South Wimbrow was considered by staff as being the least obtrusive to residents. However, Exhibit "C" south leg of Gibson Street from Main Street to Delaware has merit worth considering. Both alternatives have pro's and con's which need to be identified to determine which is the best alternative for the residents of Sebastian:. __ PROS EXHIBIT "B" EXHIBIT '~C" l'Less obtrusive 250' from existing residents. 2'Aligns w/So wimbrow which has been widened to 24' and can't extend to Fleming St future ext to U.S. %1. 3 Orange Ave future extension could provide for safer student drop off 1. 100" R/W (exist) owned by the City with minimum acquisition of an additional 50 ft R/W 2. Single Traffic Light 3. Largest Vol of Traffic is from the west thus .reducing vehicle trips past the school. 4. Positive Public outfall for stormwater runoff. 5. Probable cooperation from property owners including the school board 6. Orange Ave connect immediately ,CONS EXHIBIT I TWO traffic lights on west and east bound lane of CR512 2 Traffic Signalization Coordination 3 Increase of Traffic trips passed the school 4 Probably no cooperation from the property owners EXHIBIT "C" Existing school crosswalk at Lime St. conflict Close proximity to exist residential property of unit 1 S/H Possible widening Delaware to 24' once Fleming Street Ext to U.S. #1 occurs May require buffer to separate residential property I I' I I I I I I I I I I I I I I I I I TRAFFIC CIRCULATION PLAN The Traffic Circulation Plan enclosed consists of 4 Chapters, 2 appendixes, and a list of figures and tables. It is recommended that each Council Member review this document in its entirety. As a brie~ synopsis staff would like to bring to the attentioD-of Councilme/nbers certain highlights of the report as follows: CHAPTER TWO: EXISTING CONDITIONS: On page two; The report recommends that Sebastian's Comprehensive Plan should be modified to recognize standards to be consistent with current FDOT service Volumes for arterial and collector roadways for service volumes. On Page Four; The Report analysises and identifies that the existing level of services on all roadway facilities within the City have a substantial surplus capacity as identified in table two of the report. A field review provided by the consultant identified a number of deficiencies described on page 8 and 9. Beginning with paragraph three, the consultant is recommending consistent speed limit assignments on arterial and collector street systems. Specifically, emphasis was placed on Schumann Drive and on Main Street recommending a consistent speed limit of either 30 or 35 MPH's for both roadway systems and that the actual speed limit should be set by a spot speed study. Paragraph Four identifies the bike path on Easy Street and Park Avenue that it is located i~,=~ediately to the travelway with no physical separation as being inconsistent with state safety standards. However, on page eighteen the bicycle and pedestrian walkways may be corrected by providing a paved shoulder for bicycle traffic. Paragraph Five of page nine identifies several intersections in the City located in curves that provide potential safety problems such as Main Street and Fleming, Main Street and Herndon, Barber street and Skyline. Modifications of the intersections are shown under figure two on page ten. CHAPTER THREE: TRANSPORTATION PLAN DEVELopMENT On page Twelve, Build out considerations identified that based on the current planning forecast, it appears that the Roseland Road and Laconia street can provide relief to U.S. 91. However, it would not be sufficient to allow U.S. 91 to operate at a Level of Service (LOS) D without six lanes. Two alternatives to the six laning of U.S. 91 were identified to provide continuous thoroughfares generally paralleling U.S. 91. The most feasible alternative would be to provide for connection between Gibson Street and Schumann Drive. The connection of Gibson Street between Roseland Road and CR 512 together with an extension-~f S. Fle_ming Street to U.S. Highway 91 are projected to mitigate the traffic demands on U.S. #l so that four lanes on U.S. 91 can be maintained between Roseland Road and South Fleming Street extension. However U.S. ~1 most likely will require six laning between S. Fleming Street and Stratton Avenue. Several determinations have been made on Page thirteen which are identified in the comprehensive plan that involve the following; Davis Street would not be required. 2. Easy Street from Schumann Drive to CR 512 should be constructed. 3. Wimbrow drive extension from Main Street to CR 512 was determined not to be necessary but would provide continuity. 4. Extension of S. Fleming Street from CR 512 to U.,S. 91 would be required. 5. Laconia Street from CR 512 and its extension to CR 510 would provide the continuity of 512 with Laconia as an important long range circulation pattern for the City of Sebastian. CHAPTER FOUR: TMM IMPLEMENTATION PLAN This chapter identified the cost associated with the proposed stages in five year increments as identified on page 21 Table 4. Funding is also indicated in this table as what may be available from other financial resources. One such resource, as identified on page twenty two at the end of the second paragraph, indicates that there were no state improvements identified through the year 2010. This is due in part to the implementation of City Streets such as Gibson and Easy to relieve the potential traffic loading on U.S. 91 and as such the City may be eligible for FDOT funding for selected roadways. I '1 I I I I I I I I I I I I I I I I i I I' I I I I I I I I I I I I I I I I I In the report, actions needed to initiate implementation plan on page 22 states that the City should develop a five year capital improvement budget which will allow for implementation of City Projects. In addition the City should work with Indian River County to insure that the County includes the appropriate projects in its plan and specifying them as short and long range improvements. The rest of the report is self explanatory and consists of the Appendix A traffic analysis zone and land use projections. Appendix B buildout in 2010 network alternatives. The circulation plan is considered to be complete and a presentation by the consultant will be made at the workshop meeting who will be able to answer any questions or concerns t4%at the counc~ raay have. RECOMMENDED ACTION Review report and accept the Transportation Plan and direct staff to present the plan to Indian River County. Review the proposed Gibson Street alignments and direct staff to present the favored alignment to the County for inclusion in their 20 year traffic implementation plan. 5 {g. O0 AC ~4{ AC t25 275.56 AC 9.34 AC 8,28 AC :IT~' H, fll CON?Z£X SCHOOL P,f~,l .Tg ~,C STREET PARK SUB ? .-:~9 4.g6 AC 970 - '. & & SCHOOL PARK SU~ ' ,~ ~ ~1 *~ ~ ~ .,~ ~ ~ ..... ., ,~,,~. . ... .,, . .,, ~-'~ ~ , .. . . . ~~ ". . ~ ..... I ~ ~, ~ ,~ - - , ' . _ .'~ ~ ~ X~ ~ t ~ ' ~ ' ~' i_~ r 7 l ....................... o .... . .. - ·. ,,, ~v~ t~T~ ~ · , ~, / .... 'J ~ ~,, / / +?/ .... < 5 · ~ ~"~ ~ · ~ I L3 , : ..... ~ .... ~;;,c~ S~t /. ./ - ..... * ~ . ~X~.k'~,,k~'' , .. ,.,. ~~ ~ I / ~ ~ k*%;% '( ~a~'~' SEBASTIAN GROVE /~ .~0_~ 4~ / / , . ~ ~~~ ~ ........ ESTATES ~¢~¢/ , . //~~ ~ x_~~. ~. _,. ,~ ,~ ,, ,".~ ,. ~ g ; ~ ~ - EX / /T · ., . ,~- , - . , . __' ~~~'--~--~--'--~--- pOLICE CL CITY LiMIIS ilgll INDIAN RIVE. IR COUNIY ST_B A$1'I AN ELEMENIARY SCHOOL CITY UMII% City of Sebastian m 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA FORM SUBJECT: Discuss Uses for 700 Main Street Buildin~ (Old Library/Teen Center) AP~OVED FOR SUBMITTAL BY: Agenda NO. -- Dept. Origin ~ Cler~ Date Submitted 1/27/~4 For Agenda Of Exhibits: * DCD Memo dated 1/26/94 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: The old Library/Teen Center building has been vacant since the end of 1992. The Chamber of Commerce, represented by Rick Giteles, appeared before City Council last August to convey its interest in obtaining the building and City Council concurred to give them consideration. There has recently been some discussion of its use for the Utilities Department. I have placed this item on the agenda so that discussion on uses for the building can be resumed and perhaps resolved at this time. The Director of Community Development, at my direction, conducted an inspection of the building and his report is included in your backup. RECO NDED ,SCTION It is my recommendation that this City owned building be used for the Utilities Department. DATE: TO: FROM: REFERENCE: I '1 i City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 January 26, 1994 Kathryn O'Halloran Acting City Manager Bruce Cooper ~~ Director of Community Developmen - 700 Main Street (Old Teen Center) Pursuant to your request, I conducted an inspection of the above reference City property to determine its current condition. Below are my following comments: 1. Attached is a floor plan indicating an existing layout of the building. 2. All painted walls will need to be repainted. 3. There is apparent water damage along the northeast front exit along the block wall, probably from the Miami Windows. 4. 50% of the ceiling tiles will need to be replaced in Room ~1. 5. Three ceiling tiles will need to be replaced in Room #2. 6. The rear exit off of Room #2 needs a new dead bolt and new doorjamb. 7. The rear exit off of the kitchen will need handles and adjustment. 8. There is an old electrical panel that is being used as a junction box in the kitchen. This needs to be redone. 9. Ail the ceiling tiles in Room #4 will need to be replaced. 10. There is old carpeting within Room #5 that should be replaced or removed. 11. Electrical junction box along the west wall in Room #4 needs to be secured to the wall. 12. Ail fire extinguishers seem to be intacted. 13. Both bathrooms will need new fixtures. 14. All exit signs were not illuminated and need to be checked out. 15. The building has two different air conditioning systems, one for the east half and one for the west half. I could only get the east unit to start with heat, but no air conditioning. The unit on the west side could not turn on. Will need to have air conditioning contractor come in and inspect the whole system. I I' 700 ~AIN City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Conceptual Riverview ) Agenda No. Park ) Dept. Origin ENG/P ) ) Date Submitted 01-18-94 For Agenda of Approved ~or Subazittal By: City Manager ....... 02-02-94 Exhibits: Revised Conceptual Site Plan for Riverview Park EXPENDITURE 'REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the January 5th, 1994 regular scheduled workshop meeting, the City Managers pending list was discussed with City Council. One item discussed was the conceptual plan for Riverview Park. At previous meetings, Council had indicated that additional boat parking and car parking spaces should be added and that the location of the pavilion be moved further south into the vacated Fellsmere Right of Way. Based on that information, I have revised a sketch of the Conceptual site plan 73 Car parking spaces and 62 boat parking spaces with auxiliary drives to allow additional car parking spaces for special events such as the 4th of July. The pavilion has been relocated further to the south and closer to the center of the existing Dark which would allow an open vista of the river for eastbound traffic on Fellsmere Blvd. I felt that it was appropriate that staff prepare the sketch drawing in lieu of spending additional funds for the consultant to prepare a color rending. If City Council finds that the proposed layout of the parking and the pavilion are acceptable then the next step would be to obtain a survey of both park areas to locate the existing facilities and any trees on Cavcorp such as a large Oak Tree shown near the middle of the park. Once the survey has been completed, a consulting firm could be solicited to prepare construction and permitting documents. RECOMMENDED ACTION Review the conceptual site plan and direct staff accordingly. City of Sebastian 1225 MAIN STREET s SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA FORM SUB=EOT: Decide Whether City Council Wishes to Support Extension of Sebastian Inlet Channel APPROVED FOR SUBMITTAL BY: City Manager: Dept. Origin ~ity .Cle~.~ Date Submitted For Agenda Of Exhibits: Collins Letter dated 1/17/94 Tippin Letter dated 1/7/94 IRC Resolution EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Tom Collins has submitted a letter requesting the City Council to adopt a resolution, similar to one passed by Indian River County, endorsing a permit to extend the Sebastian Inlet Channel from the west side of the inlet to the intercoastal waterway. RECOMMENDED ACTION If City Council supports the extension, direct staff to prepare a resolution. Capt. Hiram's RIVER RAW BAR & SEAFOOD CAFE Home Of The Waterfront Tiffany Room Banquet Facility At Sebastian Inlet Marina & Trading Compan3; Inc. January 17, 1994 ~ayor and City Council City of Sebastian Sebastian, FL 32958 Dear Masor Powe]l and Council Members, You may be aware that the Sebastian Inlet Taxing District has applied to the Corps of Engineers and the Department of Environmental Protection requesting a permit to extend the Sebastian Inlet channel from the West side of the Inlet over to the intercoastal waterway. The Inlet Commission has unanimously endorsed the extension as has the County Commission. A copy of the County's resolution is enclosed for your review. Due to the benefits the extension of the channel will create for Sebastian, I would like to request the City Council adopt a resolution similar to the County resolution to show our support for this project. Thank ],ou for },our cooperation. : ~ ~elv, Thomas H. Collins THC/amc CC: JH MC DS Ray LeRoux, Sebastian Inlet Taxing District Charles Semb!er, II, S~a~e Representative Fran Adams, County Commission Commission Enclosure 9301 N A-l-& Suite 4, Vero Beach FL 32963 PHONE (407) 589-8000 F~: (407) 589-5100 January ~, Chairm~n - , Sebastian inlet Tax DlStr:Ct Commission 134 5th A~enue ' . Indialantxc, FL ~2903 Dear Sir: The Indian River County ~ogrd cf County Commissloners wishes to strongly endorse the extension of'a channel from the Indian River Waterway to the Sebastian ~let. The ~urre~t Position of the Florida ~ame and Freshwater F~sh Commtsslon'$s centered on the des:ruction of sea ~rass beds. We d ~rass beds destroyed ~..-~-- - o not want to se uama~ed area~, n~ reestablishment of previously Also, the Beba~tlan Inlet is our County,s only direct access for boaters ~o an~ from the ocean and ~o have maintained would allow our county to economically and Physically benefit from the boat %raffic exchange. We would appreciate a serious reevaluation of' our request, and look forward to your fur=her cooperation. With best wi~hes, we remain Yours truly, I , I '.Cha i rman JWT:rs Indian River County Commission cc~ Representative Charles Se~ler Senator Patsy Ku~th RePresentative B~ll Posey ID:~07-770-5095 3RN 18'94 ]6:15 NO. I;4, .ii INL~ T~ D~TR~CT TO EXT~D TH~ Ca~ FaO~ TaZ BEBAET~AN ~NLET TO TH~ AT~T)C ~COASTAL WATeRWAy. the orate to extend the ohMlne] from Seb,.stlen Inlet to the A,Jan,Je lntr~oo~mtal Wete~,,,.~,; end '1 I i i m~e -e~l~s; and of s~om~ It w~l ~o ~n~l ~e ~ln~ of wale~o~t opm~ttn~ ~ m ~o the ~ne~ that: The Aged of County ~JssJono~ of Indian River ~unty ho~by 8Uppo~ the ap~B~on of the SebaeUan Inlet Tax Diet. et to extend ~o ~annol at ~e Se~stJ~n Inlet to the AI~ntlc Intm~staI WatO~ay fo~ the ~8ons ~ven a~vo. It ts the B~d,o ft~ oon~o~ ~at ~e extension is, both eoono~Hy ~d enVi~nmn~lly Tho r~solut~on was moved to adoption by Comndesloner E.0ge~t and the . motion was seconded by ~mmisiJoner ~kt ,, , ~, and, upon ~n~ put to a vote, 't~e vote follows: Chairman John W. Tipple .Vies Ch~irmen Kenneth R. Ideoht Aye Com~ssJonor Aye · The Chal~ the~u~on dech~d the renolu~on duly passed and edited ~o ~ day Of · i WHF,~R~, ~uoh an extension ~vouid allow Jail.e veeaale to ente:e -- the · waters ,in IndJan Rtvex. County, ',nd JNDJAN RIVER COUNTY ID:~07-??0-5095 JAN 18'9~ 16:16 No.O08 · OARD OF COUNTY COMMII~$iONE~S INDL4~N ~V~ COUNTY, FLORIDA APPROV~'D A~ TO FORM' COUNTY ATTO~N£Y I ·" .'~' · The'Veto B2ach Sun Week of JanuarY :14, 1994 lO · :' 'inlet .,Channel extension' :, , Sebastian Inlet Tax :Dist~-ict Commis- .. channel so that it connects'with she · Atlantic In~stal-Waterway." ,On a 5-0 vote,.the board =approved a resolution 'that supports 'the district's move to 'get the channel extended to ' allow more traffic to.move through the inlet. Without the extension, boats enter the channel at an awkward angle, causing .. damage Io sea grass, be~ in .the .m~ Commissioner Fran Adams said. By extending the 'inlet, boats could · the ordy connecd(m to the ocean for thc county, an cxtcndcd channel wouldmcan .more traffic through the inlet ? and more income for the county;the boa~lpointed '{)HI. : , ..,,.::.. , . i ::..,:.-c?~.,~:_,_. ,' According to a letter sent. re.George ' Maxwell, chairman of the Se~ inlet 'ffppin, the l=lorida Game and Freshwa- ter Fish Commission (FGF'PC) nlso is concerned about sea grass. However, its stance is that extending the chartne] ~ further destroy the precious wnterplant. The board is hoping their.move to s~pport ~ Sebastian Tax l)ist~= .will help persuade the FGFFC to change its position. -....... Girl ScOUt cookie sale begins' 'T~,ep~im ~1 ~t4~ ~;.~ ¢'~..,,t i',.OUrl~],s al'Id Ok,~,~t-~-,s-~ ...... ' .......... City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: Golf Course Foot Bridge Approved for Submittal By: City Manager ........ Agenda No. Dept. Origin Date Subm/tted For Agenda of 01-27-94 02-02-94 Exhibits: Anderson Agreement Eckis Memo to Chris Moore dated January 24, 1994 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The existing footbridge that was constructed approximately 12 years ago by the property owners of lot 38 block 65 of unit 2 in the Sebastian Highlands and has served its useful life. It was determined to be unsafe and was removed. By agreement, (attached) it was conveyed to the City to be maintained. Since the bridge has been removed, several residents have requested a new bridge be constructed. Staff was requested to look into the cost for the construction of a new bridge and determined several alternatives. The two ditches are approximately 64 feet from the south bank to the north bank with two 28 foot spans. This would require the installation of a piling, concrete abutment ends, to construct a wooden bridge at a cost of in excess of $10,000. Second alternative, was to pipe both ditches with forty feet of 54" and 42" RCP, for the south and north ditch respectively. Cost associated with this installation would be approximately $8,000. As a third alternative 75 foot concrete pilings were considered to span both ditches with a wooden deck and hand rail to be constructed. The cost associated with this would be approximately $4000. and would include the cost of the poles, trucking, crane time, and the construction of the deck and the hand rails. Staff was able to contact the concrete piling manufacturer who had in stock, two 75 foot long concrete piles, that he was willing to sell at a reduced rate of $14 25/LF as compared to $!7.35/LF. ' Currently there are no funds available in the Golf Course Enterprise fund for the purchase of this foot bridge and its installation. Therefore, the only source available for funding could be expensed thru the Street Department's Repairs Other -- which is currently running over budget for reasons identified in a memo dated January 24, !994. RECOMMENDED ACTION Review summary statement and cost to benefit ratio and direct staff accordingly. A G ~ E E lq E N T IN CONSIDERATION for the mutual covenants contained herein, the CITY OF SEBASTIAN, a municipal corporation organized under the laws of and situate in the State of Florida, herein- after called the "CITY", and JOHN S. ANDERSON and MARY M. ANDERSON, his wife, 266 Rain str,et , Sebastian, Florida, contract and agree as follows: 1. JOHN S. ANDERSON and MARY M. ANDERSON, his wife, will convey a permanent easement to the CITY for the purpose of giving access by the public to the foot bridges hereinafter described, which easement will be located and particularly described in an), conveyance of said easement made pursuant to this agreement, as: The West $ feet of Lot 58, Block 65, SEBASTIAN HIGHLANDS, UNIT 2, as recorded in Plat Book 5, Pages 34-35, Public Records of Indian River County, Florida. 2. JOHN S. ANDERSON and MARY M. ANDERSON, his wife, represent that they are the sole owners in fee simple absolute of the above described easement and servient .estate, and that there ate no liens,encumbrances or outstanding claims or judgment against said real property, and further, JOHN S. ANDERSON and MARY M. ANDERSON, his wife, will warrant and defend their title to said property against an), and all claims thereto, this covenant to run with the land. 5. JOHN S. ANDERSON and MARY ~. ANDERSON, his wife, will hold the CITY harmless and indemnify the CITY, for any and all injury which may be caused to the servient estate, or any and all persons or property, by a member Of members of the public using said easement. This covenant is to run with the land. 4. JOHN S. ANDERSON and MARY M. ANDERSON, his wife, will hold the CITY harmless for any and all injury to an), and all persons and any and all property, and for all liability for injury to any and all persons and any and all property, arising OANIEL M, KILBRIDE. -JR. from the design, construction, or use, or occurrin~ in the course of construction, of either or both of the foot bridges hereinafter described, until such foot bridge or foot brid~es be conveyed to the CITY. 5. JOHN S. ANDERSON and MARY M. ANDERSON, his wife, will construct a foot bridge, to be used for pedestrian and non-motorized bicycle traffic onl),~ of not more than four feet in width, adjoining CITY real property, commencing at on the the Northeastern most corner of the servient estate, and running four feet thence West along the North property line of the servient Estate. This bridge ~ill be conveyed to The CiTY upon completion, in fee simple absolute. JOHN S. ANDERSON and MARY M. ANDERSON, his wife, will also construct a second foot bridge for pedestrian and non-motorized bicycle traffic only, four feet in width, over the property located north of the Northern property line of the servient estate on CITY property, to be conveyed so :he CITY in fee simple absolute upon completion. Both said foot bridges are for the purpose of providing a continuous path of travel from the easement described in Paragraph One herein, to the CITY golf course, members the public at large, including JOHN S. ANDERSON and MARY M. ANDERSON, his wife, and JOHN S. ANDERSON and MARY M. ANDERSON, his wife, accept this benefit of their being able to travel fTOm the easement located on the servient estate across the foot-bridges to the CITY golf course as consideration in part for this agreement. 6. JOHN S. ANDERSON and MARY M. ANDERSON, his wife, will maintain the easement located on the servient estate and keep it clean and free from all obstructions, and ali hazards which might in~ure members of the public using such easement, and, should JOHN S. ANDERSON and MARY M. ANDERSON, his wife, in an), wa), fail to maintain this easement, the CITY may maintain the easement and any expense therefor may be charged to the -2- I i' I i I I i i I OANIEIL M K I. BRiDIE.JR, owner or o~ers of the servienT esTste at the Time The expense is incurred. This covenant is to run with the land. 7. The CI~ will maintain the foot bridges after conveyance to the CITY, and will bear all expenses therefor. 8. As part consideration to JOHN S, ANDERSON and ~RY M. ANDERSON, his wife, the CITY will provide all engineering services for design and construction of the foot bridges and for the design and construction of any improvements which may be built on the easement ~o implement pedestrian and bicycle - traffic after conveyance of the easement to the CITY. ~. This entire agreement is subject ~o the condition subsequent that the CITY will approve the design of the foot bridges and the design of any improvements which may be constructed on the easement located on the servient estate, prior to co~encement of construction. Executed on the_~___~day of ~f~,~c~-.- , 2982. ATTEST: -3- D&NtEL ~ KIt.~R DE. JR, EA SENE NT THIS EASEMENT, executed this 2 ~/~ day of ~ , ,,, 1952, by: JOHN S. ANDERSON and MARY N. ANDERSON, his wife, parties of the first part, granted to the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, part)- of the second part; WITNESSETH: That the said parties of the first part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid bi' the party of the second part to the parties of the first part, the receipt whereof being hereby acknowledged, do by these presents grant, remise, release and quit-claim unto the party of the second part, its successors and assigns, an easement and right-of-way for the location, installation and maintenance of a walkway for pedestrian and non-motorized vehicles on, over and across the following described property: The West S feet of Lot 38, Block 65, SEBASTIAN HIGHLANDS, UNIT 2, as recorded in P]at Book S, Pages 3a-35, Public Records of Indian River County, Florida. IN WITNESS WHEREOF, parties of the first part have executed this Easement on the day and year first above written. Executed in the presence of: itne~ ig to b~t~' ///97n S. AhderSon ltness as tb both[ Mar), N./And'~'~Son DOC. ST.- AMT. $ ,~.5 ff FR£D& WRIGHT, Clerk e! Circuit co .T , I HEREBY CERTIFY thtt on this ~ty beffore ~e, officer duly qullifie~ to take ackno~lefl~ents, personally I I' I I I I i I I i I I I I I I OANIEL M, KILB~ID[..IR, appeared JOHN S. ANDERSON and MARY M. ANDERSON, to me well known and known to me to be the persons described in and who executed the foregoing easement and the), acknowledged before me that they executed the same for the purposes ~o~t~. ~. .... ~'~.~,. ~ ..-' .~ '.~- WITNESS ~,.. o~ ~, V , ~2. ~ ".~ :..."c, Ny commission exp~res~~ ~ ~ ._..../ -2- TO: FROM: DATE: SUBJECT: City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM ~HRIS MOORE STAFF AC~ DAN ECKI ~,/ CITY ENGINEER/PUBLIC JANUARY 24TH, 1994 WORKS DIRECTOR NOVEMBER OPERATING STATEMENT AS a followup to our meeting on January 24th, 1994, I have provided an expense line item transfer on a sheet requesting that the expenses identified, be transferred to their proper line item for both the cemetery and the garage. In addition, I have the following comments: 1. Line item 302-541-640 for $20,105. was for a broom tractor budgeted in fiscal year 1993. 2. Line item 302-572-640 for $5,482 was for a sprayer in the parks department in fiscal year 1993. 3. Line item 001-539-463 shows a 29% expense without dollar amount identified under year to date or November to date. 4. It appears that both the streets and parks departments paid twice for telephone and electric in the same month. We agreed that the January operating statement should indicate a proper percentage as being 33% for those expenses. 5. Just for consideration a new line item may be considered for safety publications, training and equipment etc to be determined by myself and the personnel director. 6. Line item 601-539-630 to include funding for plaques for the niches or other monumentation. I I' I I I I I I I I I I I I I I I I I 7. Line item 001-541-464 repairs,maintenance, other may require an amendment to the budget to include an extraordinary expense for Washington Street contaminated soil disposal and.treatment to Geologic recovery systems in the mount of $1,517.75. Subtracting that amount from the expense for year to date and dividing it by the budget amount indicates that we are 28% expended. It is apparent that the Repair Costs for Other will be over budget requiring a line item increase from $9,000 to approximately $15,000. Reviewing my worksheets from the 93/94 budget hearings, I had originally requested 18,000 for this line item based on past history. 8. Line item 301-572-630 to include the U.S. 91 medians, landscapin~ and beautification Grant. I believe both a reven~ and expense line item added for Capital projects as indicated above will be required. It is anticipated that FDOT will appropriate funding for approximately $105,000 which will be Granted to the City based on the expenditures incurred. Therefore, a revenue line item should be used to track the funding of this project as monies come from FDOT and an expense line item to track the invoices to request reimbursement. cc: Wendy Widmanm Marilyn Swichkow KathrynM. O'Halloran City of Sebastian 1225 MAiN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: DISCUSSION REGARDING SCRUB JAY ISSUE Approval For Submittal By: City Manager ) Dept. Origin: Co~mmuni.~y De..vetop~ent ..... ) (BC)~/~ ) Date Submitted: ) ) For Agenda Of: ) Exhibits: ) 1. ) 2. ) 3. ) ) 01/27/_~_4 02/02/94 .... Application for Fish & Wildlife Draft of a letter Letter dated 12/22/93 from Fish & Wildlife EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATI ON REQUIRED: SUMMARY_STATEMENT Since our meeting of November 8, 1993, the Fish & Wildlife Department has required individuals to pursue an individual HCP on a 10,000 square foot lot. Please refer to the letter dated December 22, 1993 from Fish & Wildlife regarding Mr. Frank C. Fuchs requests to pursue the development of a single- family lot. At this time, I see that the City has several options that they could pursue regarding this matter. The City could send a letter to the Fish & Wildlife Service requesting in writing to allow the City to continue development on single-family platted lots of records, if the City was to pursue a HCP. I would foresee that we would probably have to pursue this all the way to Washington D.C., considering the existing staff in Jacksonville. The City could try to coordinate with Indian River County to pursue a County wide HCP. Page 2 The City could pursue a ~CP on all lands identified by Mr. Toland. Do nothing and require the individual homeowners to pursue approval from Fish & Wildlife. RECOMMENDED ACTION Move to authorize staff to send the letter to Fish & Wildlife Service and if necessary, pursue this through the Washington D.C. office. - i I I I I I i I I I I I i I I I I I I i' i i I i i i I I I i I i I I I I I ,L Fish and Wildlife Enhancement INCIDENTAL lAKE Richard D. Russell Building 75 Spring Street, S.W. Atlanta, GA 30303-3376 PHONE: 404-331-6343 DEPARTMENT OF THE INTERIOR · ,. ^..,.~,~ ~,o~ .o. ,,., ..... ,, ..o, .... FEDERAL FISH AND WILDLIFE :~~..~ -'. ~.,Er D£~'~'.,-~,O. o~ ^CT,~,T~ ~O. ~",C. "E'~U~S~'" ,C~S~" UCEIISE/PERMIT APPLICATION ..... OR IN~TI~ION, DAT~ O~ BE~ : ~COR HA'I~ i O~PA~ION ~, Ir REOUIRED GY ANY STAT[ O~ FOREIGN GOV~M~T, DO YOU PmO~SE~ ~ YE5 ~ NO ) 25.00 SEE 50 CFR 17.22(b) & 17.32(b); 50 CFR 13 HEREBT CER~ ~AT I HAVE READ AND AM FAMILIAR Wl~ ~E RE~LA~$ ~HTAIHED IN ~E ~. PART 13, OF ~E ~DE OF FEDE~L RE~TIOHS AND ~E O~ER APPLIQUE PARTS IN SUB~PTER ~A~ON SU~I~D IH ~1[ APPLI~ FOR A LIC~S~PER~IT I~ ~MPLETE ~D AC~ ~ ~E BEST OF ~Y KNOWLEDGE AND BELIEF. UHDERST~D ~AT ~ FALSE $TAT~ENT HEREIH ~A~ SU~ECT aE TO ~E CRI~IN~ P~AL~ES OF !~ U.$.C 1001. DAT~ *Applicant listed in 3 above or principal officer listed in 5 above muse' sign. ~. PERMIT APPLICATION FORM INSTRUCTIONS 4192 A standard License/Permit Form 3-200 has been designed to assist 'persons applying for all U.S. Fish and Wildlife Service permits. In addition to the Form 3-200, attachments are necessary to provide the additional information required for incidental take permits under the U.S. Endangered Species Act. A complete application prevents delays caused by the applicant having to supply more information at a later date. Most of the application form is self-explanatory, but the following provides some further assistance for completing each numbered block. 1. "Application for" - The permit box should be marked. 2. "Brief description of activity for which requested license or permit is needed" - Write a brief statement of the proposed activity and its purpose. "ApPlicant" - Use complete name~'including middle name or initial of the responsible party, who will also be the permittee if a permit is issued. If the applicant is a sole proprietor or a partnership doing business under a busi'ness name, include that business name in addition to the applicant's full name. Provide the complete address and phone number, including zip and area codes. 4. "If applicant is an individual, co~lete the following"- Enter information that identifies the applicant. If the applicant is a corporation, institution, or other legal entity, block 5 should be filled out, and block 4 should be marked "not applicable." 5. "If applicant is a business corporation, public agency, or institution, co~olete the following" - Give a brief description of the type of business the applicant is engaged in, the name and phone number of the .person fully or partly in charge, and if the company is incorporated, the state in which it was incorporated. If block 4 is completed, mark "not applicable" in this space. 6. "Location where proposed activity is to be conducted" - Give the address or geographical location where the desired activity is to take place. This should include such information as the location where wildlife would be incidentally taken or where other activities outlined in the Habitat Conservation Plan would be conducted. 7. "Do you hold any currently valid Federal Fish and Wildlife license or permits?" - Check the appropriate box. If "yes" list the complete license or permit numbers. "If required by any state or foreign government, do you ))ave their approval to conduct the activity you propose?" - If the proposed activity is regulated, check the appropriate box. If "yes", list the m m m m m m m m m m m m m m m m m m I I' I I i I I I I I I I i I I I I I I state involved and type of document required. Include a copy of these documents with the application. If "no" indicate what steps you have taken to secure approval (use attachment if necessary). If the proposed activity is not regulated write "not required" in this block. "Certified or personal check or money order (if applicable)" - There is a $25.00 processing fee unless you are fee exempt. Consult enclosure, "Fee for Incidental Take Permits". The check (does not need to be certified) or money order should be made payable to the U.S. Fish and Wildlife Service and attached to the application form. If fee exempt, write "exempt" in this space. ]0. "Desired effective date" the activity. Insert the earliest date you want to conduct 11. "Duration needed"- Insert the desired duration of the permit. 12. "Attachments" - Provide the informat}on requested on the reverse of the application as outlined in 50 CFR 17.22(b) and 50 CFR 17.32(b). An incomplete or unclear application may be denied or will cause delays in processing. "CERTIFICATION" - The individual applicant or the person named in block 5 must sign and date the application in the space provided. This signature binds that person to the statement of certification. Be sure to read the statement and re-read the application before signing. If you have additional questions about the application or the regulations, please write the U.S. Fish and Wildlife Service at the office given on the top of the application form. FEE FOR INCIDENTAL TAKE-PER)4ITS 4/92 There is a $25.00 permit processing fee for incidental take permit applications under the U.S. Endangered Species Act [50 CFR 17.22(b) and 50 CFR 17.32(b)]. The fee applies to .permit applications, renewals, and amendments. The check (does not need to'be certified) or money order should be made payable to the "U.S. Fish and Wildlife Service". The processing fee shall not be refunded if the application is abandoned or the permit is issued or denied. The fee may be refunded if the application is withdrawn in writing prior to significant processing. Fee EEemption: State or local government agencies or individuals er_ institutions under contract to such agencies for proposed activities are exempt from paying a permit processing fee. Until further notice, the fee will be waived for public institutions. As defined in 50 CFR 20.12 "Public" as used in referring to museums,.zoological parks, and scientific institutions, refers to such as are open to the general public and are...privately owned and organized but not operated for a profit. Application for Federal Fish and Wildlife License/Permit PRIVACY ACT -,NOTICE In accordance with the Privacy Act of 1974 (PL 93-579}, please be advised: 1. The gathering of information bn fish and wildlife is authorized by the U.S. Endangered Species Act of 2973 (16 U.S.C.'1539) and 50 CFR 13. 2. The disclosure of the requested information is required in order to process applications for permits authorized under the Act. With the exception of your social security number, failure to disclose all of the requested information may be sufficient cause for the U.S. Fish and Wildlife Service to deny you a permit. 3. Applications will be published in the Federal Reqister as required by the U.S. Endangered Species Act. ' 4. In the event there is indicated a violation of a statute, regulation, rule, order, or license, whether civil,' criminal, or regulatory in nature, the requested information may be transferred to the appropriate Federal, State, local, or foreign agency charged with investigating or prosecuting such violations'. · In the event of litigation involving the records or the subject matter of the records, the requested information may be transferred to the U.S. Department of Justice. m m m m m m m m m m m m m m m m m DRAF~ ~ER HISTOR~ REGARDING SCRUB JA~ ISSUE The City of Sebastian is the northern most point of southern Florida located adjacent to the Indian River Lagoon. The City's population of over 12,000, resides mainly within the Sebastian Highlands Subdivision, which has over 13,000 platted lots. The 17 units of the Sebastian Highlands Subdivision were platted in the 1960's and constructed with paved roads and the associated dra%n~ge and utilities. There is approximately 5,500 single-family homes existing within this subdivision. In August of 1991, U.S. Fish and Wildlife Service notified the Mayor of the City of Sebastian of the prohibitions against (taking) endangered species by any person under the Endangered Species Act and the definition of any person was broaden to include the City of Sebastian. Specifically, the Fish & Wildlife Service informed the 'City that "as a governmental entity which issues permits allowing private land owners to develop their property, you are responsible for ensuring that activities authorized by the City will not be harmful .to the scrub jay or other listed species.,, Basically, the Fish and Wildlife Service made the City of Sebastian liable for violations of Federal regulations. Brian Toland, with the Fresh Water Game Commission, has studied the Sebastian area and identified certain areas within the City of Sebastian as scrub jay habitat. Mr. Toland developed a map indicating the specific areas of concern regarding the scrub jay habitat within the City of Sebastian. Within just the Sebastian Highlands Subdivision, there is approximately eight (8) areas that have been delineated, which consists of over 2,000 lots affected by the Fish and Wildlife's decision. Approximately 92% of the eight (8) areas have been built with paved streets, drainage facilities and utilities and at least half (4) of the areas have more than 50 percent of the lots with single-family homes constructed on them. At that time, the Fish & Wildlife Service informed the City that the only acceptable mechanisms to eliminate the City's liability under the Endangered Species Act was to create a habitat Conservation Plan. The City of Sebastian decided not to pursue a HCP and required individual homeowners to obtain permission from Fish & Wildlife to clear their lots prior to the construction of a residence. Between July 1992 and October 1993 the City of Sebastian did receive approximately 40 letters of approval from the Fish & Wildlife Service giving the individual homeowner permission to build a residence. The Fish & Wildlife Service did not require, but recommended at least 20% of the lot to be preserved having native scrub habitat. Page 2 On November 8, 1993, the City of Sebastian received, via fax, a letter from the Fish & Wildlife Service indicating that they will not issue "no take,' concurrence letters on a lot by lot basis. Individual permit applicants (homeowners) will be able to choose between development of an individual ~CP or waiting for completion of the City wide ~CP. The Fish and Wildlife Service has taken the position' that the single-family lots within this area must go through an "incidental take permit,,, since the City of Sebastian has not pursued a ~abitat Conservation Plan. Over 2,000 single-family lots are affecte~ by this decision, which places an undue economic hardship on individual homeowner,s lot consisting of approximately 10 000 square feet. ' On November 8, 1993, a special meeting with the City Council and Fish & Wildlife was held to discuss the ~CP. Unfortunately, with the Fish & Wildlife Service (fa/ed) letter the same day and the attitude of Fish & Wildlife Service Representative, Dawn Zattau, it was apparent that the Federal Government was not amicable in working with the City. The City Council has been willing to negotiate a compromise with the Fish and Wildlife Service regarding the scrub jay issue, but Dawn Zattau of the Fish and Wildlife Service has stated that she wants all of the areas (including the single-family platted lots) to be included within the ~CP. PROPOSAL The City of Sebastian is willing to consider an ECP, provided the single-family platted lots of record are not part of this ECP process. Fish & Wildlife Service needs to recognize that development on the existing single-family lots that have been platted and built prior to the scrub jay being listed as an endanger species, would be considered as a "no take,, position. This would be consisted with their practice prior to November 8, 1993. If the Fish & Wildlife Service is willing to agree to the above statements, the City would coordinate with Indian River County to pursue funding through the approved 26 million dollar environmental fund for the HCP. The City would also require all undeveloped lands to coordinate with Fish & Wildlife Service to preserve any necessary lands prior to the City approving any type of development order. sebastia, wp I I I i I I I I i I I I I I I I I I I ' Umted States Department of the InteriOr F~$H AND WILDL3FZ SF. RVlCE I 661E0 Southpoint DtW~ Southsuite $10 l::raak C. Fuchs O£1~ ~, g I 13 & F '/ Felhmea'e, ~ ~ ~ m~ m yo~ ~t ~~on ,~ for ~e ~~ ~ not mmpl~, ~ it is ~ng a ~imt ~~g ~ ~ m you ~ ~er w~L An HCP must contain certain components, ~ outl/n~/in 50 C.F.R. 17.220a)(I) of the i regulations, encloscd for your use. Thor, c r~quiRanent$ arc a~ follows: i (1) a complete descafiption of the activity to be authorized, C2) the common and scientific namcs of the species sought to be covered by the permit, as well as the number, age, and sex of such $pedea if known, {3) a co--on plan that apecifie$ the impact that is likely to i result from such taking, what steps' the applicant will lake to monitor, minimize, and mitigate such impacts, the funding that ~ be available to implement'such steps, and the procedure to be used to deal with unforeseen cimum~, what alternative.actions lo such taking the I applicant mnsidered and the reasons why such alternatives are not proposed to be utilized, and (4) such other measures that'the Director may requLre as bring neceasa~ or appropriate for purposes of the plan. ' ' ' The HCP needs to contain ali the above informaticm be/om it is considerexi complete. This office will-be willing to assist in frae-tuning thc document and adding suggestions for improvement of dmff$. If you have any questions on the above rexlui~ments, please contact Dawn Zatlau. The number ia 904-232-2580. Sincerely yours, _ Michael M. lt¢a~e~ Assistant Field Supervisor En¢losm'e (Section 10 Regulations) TOTglL P. 02