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HomeMy WebLinkAbout05041994 City of Sebastian 1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 AGENDA SEBASTiAN CITY COUNCiL WORKSHOP MEETING WEDNESDAY, MAY 4, 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. 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). 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL AGENDA MODIFICATIONS ~ADD~TIONS ~___D_~DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 5. ANNOUNCEMENTS 6. ,CONSENT 94.119/ 93.245 PGS 1-21 94.003 PGS 23-24 94.003 PG 25 94.019 PG 27 94.120 94.121 PGS 29-36 94.122/ 93.064 PGS 37-64 W/EXHIBITS 94.123 PGS 65-69 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. Bid Award - City Mall Storm Covers.- Florida Shutters, Inc. (Low Bid) - Alternate Bid $10,058.00 (Director of Community Development Transmittal dated 4/26/94, Bid Tabulation, Bid Specifications) Accept Resignation of Wayne Tozzolo from Equity Study Commission (City Clerk Transmittal dated 4/26/94, Tozzolo Resignation dated 4/26/94) Approve Councilmember Damp Appointment of Thomas Randall Cecrle to Equity Study Commission (City Clerk Transmittal dated 4/27/94) ATTORNEY ,MATTERS CITY MANAGER MATTERS WORKSHO~ ITEMS Hartman and Associates - Presentation - Water and Wastewater Master Plan - 60% Draft (Utilities Director Transmittal dated 4/25/94, Report Distributed Previously) City Reorganization and Related Matters (To Be Distributed) Proposed Resolution No. R-94-24 - City Attorney Contract (City Clerk Transmittal dated 4/29/94, Torpy Letter dated 4/27/94, Proposed R-94-27) Discuss Proposed ordinance Nos. 0-94-05 and 0-94-06 - Tree Protection (Director of Community Development Transmittal dated 4/27/94, Proposed 0-94-05, Proposed 0-94-06, Homeowner's Packet) southern Bell Request to Install Cabinet on City Property (City Engineer Transmittal dated 4/27/94, Norris Letter dated 4/19/94, Drawings) 2 10. MAYOR AND CiTY COUNCIL MATTERS B. C. D. E. Mr. Frank Oberbeck Mayor Arthur Firtiion Vice-Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland 11. 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. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX 589-5570 (407) SUBJECT: AWARD BID FOR STORM COVERS FOR CITY BALL Approved For Submittal By: City Manager Dept. Origin: Community Development (BC)~' Date Submitted: 4-26-94 For Agenda Of: 5-04-94 Exhibits: 1. Bid Tabulation Sheet 2. Bid Specification Package EXPENDITURE REQUIRED: $10,058.00 AMOUNT BUDGETED: $127,000.00 (Acct 301-517-620 Bldg.) Balance of 03/31/94 $122,989.00 APPROPRIATION REQUIRED: 0 SUMMARY STATEMENT At its regular meeting of August 11, 1993, City Council directed staff to solicit bids for storm covers for the windows and doors of City Ball. For your reference, the storm cover specifications have been attached. The base bid required a minimum thickness of .040" aluminum, and the alternate bid required a thicker .050" aluminum. The bid tabulation sheet shows all bids received, broken down by floor for each thickness. Staff has reviewed the engineering specifications and samples supplied by Florida Shutters, Inc. (the low bidder). Only the .050 thickness will meet the specified 140 m.p.h, windload for all sizes of windows when using vertical span panels. As a cost saving factor, staff also considered using horizontal span panels on the smaller windows. However, horizontal panels are more difficult to install, which staff felt was an significant feature and therefore would not warrant the cost savings. RECOMMENDED ACTION Move to award the storm cover contract to Florida Shutters,. inc. for the alternate bid (.050" aluminum) in the amount of $10,058.00. '1 Cit of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 I STORM COVERS FOR CITY HALL BID TABULATION Bids Due by March 22, 1994, 2:30 p.m. Contractor/Vendor Base Alternate (.040") (.050") Florida Shutters, Inc. First Floor Second Floor Total Base Bid $ 4,299.00 4,179.00 8,478.00 First Floor Second Floor Total Alternate $ 5,119.00 4,939.00 $10,058.00 White Aluminum Products, Inc. First Floor $ 4,562.50 Second Floor 4~719.00 Total Base Bid $ 9,281.50 First Floor $ 5,375.00 Second Floor 5~.505.00 Total Alternate $10,880.00 Central Window First Floor $ 4,636.00 Second Floor 5,124.00 Total Base Bid $ 9,760.00 First Floor $ 5,320.00 Second Floor . 5,880.00 Total Alternate "~ $11,200.00 Pro-Tec Contractor/Vendor Shutters, Inc. Base (.040") Alternate (.050") First Floor $ 5,704.17 Second Floor . 5,477.33 Total Base Bid $11.181.50 First Floor $'6,157.85 Second Floor 5,895.70 Total Alternate $12,053.55 Shaver Construction Company First Floor $ 6,351.00 Second Floor 6,489.00 Total Base Bid $12,840.00 First Floor $ 6,845.00 Second Floor 6 994.00 Total Alternate $13,839.00 Rolsafe Exterior Glass Protection First Floor Second Floor Total Base Bid $ 6,000.00 7,..000.00 $13,000.00 First Floor $ 7,000.00 Second Floor 8~000.00 Total Alternate $15,000.00 Vico of Sebastian, Inc. First Floor $ 7,720.80 Second Floor 7,164.00 Total Base Bid $14,884.80 I I First Floor $ 8,658.00 Second Floor 8,017.00 Total Alternate $16,675.00 NO OTHER BIDS WERE RECEIVED Cit oj: Sebastian 1~; MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 NOTICE OF INVITATION TO BID SEALED BIDS FOR FIRM FIXED PRICES TO FURNISH AND INSTALL REMOVEABLE STORM COVERS FOR WINDOWS IN CITY HALL WiLL BE ACCEPTED IN THE OFFICE OF THE CITY CLERK, CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN FL 32958, UNTIL 2:30 P.M. ON TUESDAY, MARCH 22, 1994. BID ENVELOPES ARE TO BE MARKED AS FOLLOWS: STORM COVERS FOR CITY HALL THE CITY OF SEBASTIAN IS SOLICITING BIDS TO FURNISH AND INSTALL REMOVEABLE STORM COVERS FOR ALL WINDOWS IN CITY HALL AS NOTED IN THE SPECIFICATIONS. STORM COVERS ARE TO BE ROLL FORMED ALUMINUM, WITH BASE BID TO BE A MINIMUM THICKNESS OF .040" AND ALTERNATE NO. ! BID TO BE A MINIMUM THICKNESS OF .050". CONTRACTOR TO BID EACH THICKNESS INDIVIDUALLY BY FLOOR. PROSPECTIVE BIDDERS MUST CONTACT THE CITY CLERK'S OFFICE IN PERSON, BY NAIL AT THE ABOVE ADDRESS, OR BY TELEPHONE (407- 589-5330) FOR BIDDING DOCUMENTS AND SPECIFICATIONS. PROSPECTIVE BIDDERS ARE REQUIRED TO .MAKE A FIELD INVESTIGATION OF THE PREMISES PRIOR TO SUBMITTING TEEIR BIDS. QUESTIONS OR CONCERNS SHOULD BE ADDRESSED TO THE CITY OF- SEBASTIAN, BUILDING OFFICIAL, BRUCE COOPER. BIDS WILL BE PUBLICLY OPENED AND READ ALOUD AT 3:00 P.M. ON TUESDAY, ..MARCH 22, 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: VERO BEACH PRESS JOURNAL FRIDAY, ~RCH 4, 1994 STORM COVER SPECIFICATIONS FOR WINDOWS OF SEBASTIAN CiTY HALL February 28, 1994 STORM COVER SPECIFICATIONS POR WINDOWS OF SEBASTIAN CITY HALL TABLE OF CONTENTS Cover Page Table of Contents Form of Proposal Specifications - Pages i through 13 Attachment A - Window Key Sketch City of Sebastian TELEPHONE (407) 589-~30 c~ FAX (407) 589-5570 DATE: FEBRUARY 28, 1994 TO~ ........ PROSPECTIVE BIDDERS .... RE: BID - STORM COVERS FOR WINDOWS OF CITY HALL Please use this form to respond to the subject bid request. Submit your bid in a sealed envelope marked as follows: STORM COVERS FOR CITY HALL 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, March 22, 1994. Contractor will furnish all labor, supervision, materials, tools, equipment, permits, licenses, and proof of insurance in order to complete the required installation in accordance with the attached specifications. Having carefully examined the "Storm Cover Specifications f6r Windows of Sebastian City Hall" dated February 28, 1994, as well as the premises and the conditions affecting the'work, the undersigned proposes to furnish materials and labor for the entire work in accordance with said documents as follows: Base Bid: Furnish and install roll formed aluminum storm covers with a minimum thickness of .040", complete with all mounting hardware and related components. Total First Floor Bid $ Total Second Floor Bid $ CITY ~ALL WINDOW STORM COVERS PART 1 - GENERAL 1 · 01 SUMMARY WORK INCLUDED: Furnish and install removeable storm covers for windows in City Hall, as noted on the attached window schedule. 1.02 SUBMITTALS Contractor shall submit detailed drawings, engineering reports and finished samples including: 1. Panels, both .040 and .050 2. Fasteners 3. Frame sections 1.03 TESTING AND PERFORMANCE REQUIREMENTS A. System must meet minimum design load of 140 m.p.h. 1.04 WARRANTIES The responsible contractor shall assume full responsibility and warrant for five (5) years the satisfactory performance of the storm panels, if this is not possible, contractor shall advise length of warranties offered. Any deficiencies due to such elements not meeting the specifications shall be corrected by the responsible contractor at his expense d~ring the warranty period. 1.05 INSPECTIONS Ail bidders are encouraged to inspect the existing windows of City Hall prior to submission of bid. PART 2 - PRODUCTS 2.01 ~TERIALS A. Aluminum Hurricane Panels 2.02 Storm panels to be constructed of roll formed aluminum with a minimum thickness of .040 or .050. Contractor to bid each thickness individually by floor. Corrugation depth of panels to be a minimum of two inches (2"). B. Mounting Hardware 1. All mounting bolts to be stainless steel. All anchors to be lead/brass expansion · sleeve type, flush mount. intermediate anchorage along end panels to be 2' on center. C. Tracks 1. Header tracks: aluminum. Constructed of extruded Sill tracks: Constructed of extruded aluminum 2" x 2" x 1/8" with stainless steel bolts on 12" centers. FABRICATION A. General Storm panel system to consist of individual corrugated roll formed aluminum panels which interlock with one another contained at the top by a header track and bolted to the base track with 1/4-20 washer wingnuts not exceeding 14" on center with two securing each panel. Storm panels to be mounted on outside of opening (not within). Minimum lap on top and sides to be 2". Storm panels and sill (bottom) tracks to be removable. 4. Panels to fit header track tightly to eliminate possible vibration. 2 Finish 1. Storm panels to be mill finish. Header tracks to have a baked enamel (painted) finish. Color to be white or bronze, at owners option PART 3 - EXECUTION 3.01 PERFORMANCE BOND Following notification of acceptance of submitted bid by the City of Sebastian, contractor must provide the City with a performance bond or other acceptable surety bond in the amount of the bid, prior to commencement of work. 3.02 INSTALLATION ae Use only skilled tradesman with work done in accordance with approved detailed drawings and specifications. Contractor to be licensed in the City of Sebastian at the time of bid and throughout the installation process. (Check with Kathy Nappi in Contractor Licensin~ to verify current status of license.) 3 {Ail to WINDOW measurements are approximate. Contractor will be'responsible verify window dimensions prior to the commencement of job.} FIRST FLOOR - NORTH (west to east) (1) Single Window (Mens Room) F 41" high x 35" wide Fixed Window ...................... (1) Triple Window Unit (Clerk Staff) Base Bid Alt.No.1 A A 92 3/4" high x 35" wide Single Hung ....................... 92 3/4" high x 35" wide Single Bung ....................... A 92 3/4~ high x 35" wide Single Hung ....................... (1) Triple Window Unit (City Clerk) A 92 3/4" high x 35" wide Single Hung ....................... A 92 3/4" high x 35" wide (size approximate-currently boarded off) Single Hung ....................... A 92 3/4" high x 35 1/2" wide Single Hung ....................... (1) Single Window (Ladies Room) F 41" high x 35" Fixed Window wide 4 FIRST FLOOR - EAST: (north to south) Base Bid (1) Double Window Unit (City Clerk) A 93" high x 35" wide Single Hung ....................... A 93" high x 35" wide Single Hung ....................... (1) Double Window Unit (Ladies Room) D 79 3/4" high x 34 1/2" wide Single Hung ........................ D 80" high x 34 1/2' wide Single Hung ....................... (1) Single Window (Lunch Room) A 92 1/2" high x 35" wide Single Hung ....................... (1) Triple Window Unit A 92 3/4" high x 35" wide (Lunch Room) Single Hung ....................... A 93" high x 35" wide (Finance) Single Hung ....................... A 93 ~ high x 35" wide (Finance) Single Hung ....................... (1) Single Window (Computer Operator) A 93" high x 35" wide Single Hung ....................... 5 Alt.No.1 I I I I I I I I I I I I I I I I I FIRST FLOOR - SOUTH (east to west) (1) Single Window (Cut out stucco) B Base Bid 32 3/4" high x 33 3/4" wide (Size approximate-currently boarded off) Fixed Window ...................... (1) Single Window (Cut out stucco) B 32 3/4" high x 33 3/4' wide (Size approximate-currently boarded off) Fixed Window ...................... (1) Single Window (Staff Accountant) A 92 1/2" high x 35" wide ~ Single Hung ....................... (1) Triple Window Unit A 92 1/2" high x 35" wide (Staff Acct.) Single Hung ....................... A 92 1/2" high x 35" wide (Staff Acct.) Single Hung ....................... A 92 3/4" high x 35" wide (Fin. Dir.) Single Hung ....................... (!) Single Window (Finance Director) A Single 92 3/4" high x 35" wide Single Hung ....................... window (Utilities Director) A 92 7/8" high x 35" wide Single Hung ....................... (I) Triple Window Unit A 92 3/4" high x 35" wide (Uti!. Dir.) Single Hung ........ ............... A 92 3/4" high x 35" wide (Per. Dir.) Single Hung ....................... A 92 3/4" high x 35" wide (Per. Dir.) Single Hung ....................... 6 Alt.No.1 (1) Single Window (Personnel Director) A 93" high x 35" wide Single Hung ....................... (1) Single Window (Cut out.stucco) B 32 3/4' high x 33 3/4" wide (Size approximate-currently boarded off) Fixed Window ...................... Single window (Cut out stucco) 32 3/4' high x 33 3/4" wide (Size approximate-currently boarded off) Fixed Window ...................... 7 Base Bid Alt.No.1 (!) (1) (1) FIRST FLOOR - WEST (south to north) Single Window (City Manager') A 92 3/4" high x 35" wide Single Bung ....................... Triple window Unit A 92 7/8" high x 35" wide (City Mgr.) Single ~ung ....................... 92 3/4~ high ~ '35~'wide (City Mgr.) Single ~ung ....................... A .92 1/2" high x 35" wide (Mgr. Staff) Single Bung ....................... Single Window (Manager Staff) A 92 3/4" high x 35" wide Single Hung ....................... Double Window Unit (Telephone/Mens Room) D 78 !/2" high x 34 1/2" wide Single Hung ....................... D 78 1/2" high x 34 1/2" wide (size approximate, currently boarded off) Single Bung ....................... Base Bid Alt.No.1 TOTAL WINDOW Front Entrance Area Rear Entrance Door Rear Entrance Door COVERS FIRST FLOOR (South) ............. (Northwest) .......... (Northeast) .......... TOTAL ENTRANCE AREAS FIRST FLOOR TOTAL FIRST FLOOR BID INCLUDING WINDOWS AND ENTRANCE AREAS 8 SECOND FLOOR - NORT~ (west to east) Base Bid Alt.No.1 (I) 'Double Window (Door .& window Unit) E 45" high x 35" wide (over door) Fixed Window ...................... A 91 7/8" high x 35" wide (beside door) Single Hung ....................... (i) Double Window Dnit (Over West Stairs) A 9~ 7/8" high-x 35' ~ide Single ~ung ....................... A 91 7/8" high x 35" wide Single ~ung -.. ~ ................... (1) Double window Unit {Between Stairs) A 91 7/8" high x 35" wide Single Hung ....................... A 91 7/8" high x 35" wide Single Hung ....................... (1) Double Window Unit (Over East Stairs) A 91 7/8" high x 35" wide Single Hung ....................... A 91 7/8" high x 35" wide Single Hung ....................... (1) Double Window (Door & window Unit) A 91 7/8" high x 35" wide (beside door) Single Hung ....................... E 45" high x 35" wide (over door) Fixed Window ...................... SECOND FLOOR - EAST (north to (1) Double Window Unit (Small Storage Room) D 77 7/8" high x 34" wide Single Hung ....................... D 77 7/8' high x 34 1/2" wide Single Hung ....................... (1) Single Window (Southeast Classroom) A 91 7/8" high x 35' .wide Single Hung ........................ (1) Triple Window Unit (Southeast Classroom) A 91 7/8" high x 35" wide Single Hung ....................... A A 91 7/8" high x 35" wide Single Hung ....................... 91 7/8" high x 35" wide Single Hung ....................... (1) Single Window (Southeast Classroom) A 91 7/8" high x 35" wide Single Hung ....................... 10 south ) Base Bid Alt. No.1 (1) SECOND FLOOR - SOUTH (east to west) Single Window (Southeast Classroom) B 32 3/4" high x 33 3/4" wide (size approximate, currently boarded off) Fixed Window ...................... Single Window (Southeast Classroom) B 32 3/4" high x 33 3/4' wide (size approximate, currently boarded off) Fixed Window ...................... (1) Single Window (Southeast Classroom) 32 3/4" high x 33 3/4" wide (size approximate, currently boarded off) Fixed Window ...................... B Single Window (Data Bank Storage) A 91 7/8" high x 35" wide Single Hung ....................... (i) Triple window Unit'(Data Bank Storage) (!) A 91 7/8" high x 35" wide Single Hung ....................... (1) A 91 7/8" high x 35" wide (size approximate, Single Hung A 91 7/8" high x Single Hung currently boarded off) 35" wide Single Window (Data Bank Storage) A 91 7/8" high x 35" wide Single Hung ....................... Combination Window & Arch (Data Bank Stor.) C 70 7/8" high x 41" wide (bottom) Single Hung ....................... C 21" high x 41" wide (arch) Fixed arch ........................ Base Bid 11 Alt.No.1 (1) (1) {1) Base Bid Combination window & 'Arch {Furniture Stor.) C 70 7/8". high x 41" wide (bottom) Single Hung ....................... C 21" high x 41" wide (arch) Fixed Arch ........................ Single Window (Furniture Storage) A 91 7/8" high x 35" wide Single Hung ....................... Triple Window Unit (Furniture Storage) A A A Single A 91 7/8' high x 35" wide Single Hung ....................... 91 7/8" high x 35" wide (size approximate, currently boarded off) Single Hung ....................... 91 7/8" high x 35" wide Single Hung ....................... Window (Furniture Storage) 91 7/8" high x 35" wide Single Hung ....................... Single Window (Emergency Management) B 32 3/4" high x 33 3/4" wide (size approximate, currently boarded off) Fixed Window ....................... Single H Window (Emergency Management) 32 3/4" high x approximate, Fixed Window 33 3/4" wide (size currently.boarded off) (1) Single Window (Emergency Management) B 32 3/4" high x 33 3/4" wide (size approximate, currently boarded off) Fixed Window ...................... i2 Alt.No.1 SECOND FLOOR - WEST (south to north) (1) Single Window (Emergency Management) A 91 1/8" high x 35" wide Single Hung ........................ (1) Triple Window Unit (Emergency Management) A 91 1/8' high x 35" wide Single Hung ........................ 'A 91 1/~' high x 35' wide Single Hung ........................ A 91 1/8" high x 35" wide Single Hung ........................ (1) Single Window (Emergency Management) A 91 1/8" high x 35" wide Single Hung ....................... (i) Double Window (Historical Society) D 77 3/8" high x 34 1/2" wide Single Hung ....................... D 77 3/8" high x 34 1/2" wide Single Hung ....................... Base Bid TOTAL WINDOW COVERS SECOND FLOOR Rear Entrance D~or (Northwest) .......... Rear Entrance Door (Northeast) ........ TOTAL ENTRANCE AREAS SECOND FLOOR TOTAL SECOND FLOOR BID INCLUDING WINDOWS AND ENTRANCE AREAS 13 Alt.No.1 City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-557{) AGENDA FORM Resignation of Equity Study Commission Member Approved for Submittal By: ) Agenda No. ) ) Dept. Origin: ) ) Date Submitted: ) ) For Agenda of: City Manager City Clerk 5~4/94 Exhibits: Tozzolo letter of Resignation EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: N/A N/A N/A STATEMENT Wayne Tozzol0 has resigned from the Equity Study commission. RECOMMENDED ~ Accept the resignation of Wayne Tozzolo from the Equity Study Commission. To Mayor and City Council Members: i '1 i I I Wayne Tozzolo Date Due to circumstances beyond my control i will be unable to serve as a member of the Equity Study Commission. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 '~ FAX (407) 589-5570 AGENDA FORM SUBJECT: Appointment of Equity Study Commission Member Approved for Submittal By: City Manager Agenda No. Dept. Origin: Date Submitted: For Agenda of: Exhibits: C:~l;v c~er~ g~¢ 4/27194 5/4/94 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: N/A N/A N/A SUMMARY STATEMENT Councilmember Damp has been requested to appoint a member from the local business community to form a diverse committee of five. RECOMMENDED ACTION Move to approve the appointment of Thomas Randall Cecrle, Owner of Thomas Randall Cecrle Professional Land Surveyor, located at 10749 U.S. 1, Sebastian. SUBJECT: Water and Wastewater Master Plan - 60% Draft Review City of Sebastian 1225 MA~N STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-S570 ) Agenda NO. ) )Dept. of Origin Utiliti.,.es ) Utilities Director ~.~. ) ) Date Submitted, April 25, X994 ) ) For Agenda Of, May 4, 1994 ) ) Exhibits: Water and Wastewater Master Plan - 60% Draft as prepared by Hart~an & Associates Approval for Submittal City Manager, ~J EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY STATEMENT Hartman & Associates, Inc. has reached the 60% stage of completion of the City's Water and Wastewater Master Plan. At this stage, it was deemed appropriate for the Plan to be presented to Council for review and comment. Basically, the 60% draft provides information on the existing water and wastewater systems; the regulatory requirements; population, water demand and wastewater flow projections~ and modelling results. Before Hartman & Associates moves into the third stage of the plan, Council will have the opportunity to ask pertinent questions about the systems in general and provide input as to future expansion of the system. The various expansion programs for the treatment plants, water distribution and sewage collection systems will be formulated in the third stage. Council will also have the opportunity to review the Plan at the 90% draft. Both Hal Schmidt, PrOject Administrator, and Gary Revoir, Project Manager, plan to attend the May 4 Council Meeting to make a presentation and address questions Council and the public will have. ~ECO~N~ED ACTION This 60% draft is provided for information, review, and comment. It is for discussion purposes at the workshop meeting only. No Council action is necessary at this time. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 i AGENDA FORM SUBJECT: Discuss Proposed City Attorney Contractual Service Agreement APPROVED FOR SUBMITTAL BY: City Manager: ~d Agenda No. Dept. Origin Date Submitted For Agenda Of .City Clerk' 4/29/94 5/4/94 Exhibits: Torpy Letter dated 4/27/94 Proposed R-94-27 Proposed Agreement Nash Agreement EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMI~NT The third amendment to contractual service agreement adopted by Resolution No. R-93-11 with City Attorney, Charles Nash, expires on May 11, 1994 unless extended by mutual agreement. Attorney Richard Torpy, of Frese, Nash & Torpy, P.A., has ' submitted a proposed resolution and contractual service agreement, which, if adopted, would result in his being appointed city Attorney. RECOMME~ED ACTION Review the proposal. \ws-min\agenda.for FRrs~,/~xs~ & ToRPY, P.a. I '1 I I I April 27, 1994 Joel L. Koford City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Koford: Enclosed please find a copy of proposed resolution number R-94-27, as well as a proposed Contractual Services Agreement which will result in me being appointed as City Attorney. I request that the item be placed on the next workshop agenda for discussion. If you have any questions, please let me know. RET/lb Sincerely, FRESE, NASH & TORPY, P.A. i Richard E. Torpy RESOLUTION NO...: R-~4-~ & REBOT.UTION OF T~E CITY OF SEBASTL~, TNDI~N RIVER COUL'TY, FLORID),, PERT~NING TO THE EMPLOYMENT OF A CTTY ATTOR]~Y; PROVZDING AUTHORITY TO ENTER TNTO TO A CONTRACTUAL BERVZCE AGREENJ~IT WI'/~ RZC][J~ E. TORPY FOR ~ P~OSES OF PROdDiNG LEG~ REPRESE~T~ON TO THE C~; PROdDiNG FOR ~P~ OF RESOL~ONS OR P~T~ OF ~SO~ZONS ZN CO~I~ ~Z~; PROVZDZNG ~OR S~Z~ZTY ~ PR~ZDZNG FOR ~ EFFECT~ D~TE. the City Council is desirous of entering into a Contractual Service Agreement with Richard E. Torpy to provide services as City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEB~TIAN, INDIAN RIVER COUNTY, FLORIDA, that= Section 1. AGREEMENT. The City Council of the city of Sebastian, Indian River County, Florida, hereby agrees to enter into a Contractual Service Agreement with Richard E. Torpy, a copy of which is identified as Exhibit "A" to this Resolution and by this reference incorporated herein. ~ectlon 2. EXECUTION. The Mayor and City Clerk of the City of Sebastian are hereby authorized to execute the Contractual Service Agreement as agent for the city of Sebastian. Section.~. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. ~. SEFERABILITY. 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~ %his Resolution without said invalid and unconstitutional provision· thereby causing said remainder to remain in full force and effect. SeCtiOn 5- EFFECTIVE DATE.. This Resolution shall take effect immediately upon final passage. The foregoing Resolution'was moved for adoption byCouncilman . The motion was seconded by Councilman · and, upon being put to a vote· the vote was as follows: Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Council Member Norma J. Damp Council Member Robert Freeland Council Member Frank Oberbeck The Mayor thereupon declared this Resolution duly passed and adopted %his day of ..... , 1994. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Richard E. Torpy, city Attorney mun~cipal co~ora~on, 1225 Main S~reet, Sebas~, Florida ~2958, herein referred to as ~e ~Ci~y" an~ Ri~ard E. To~y, of Fre~e, Mash & To~, P.A., hereinafter referred to a~ ~he ~C~y Attorney. 1. The City agrees ~o engage ~e City Attorney p~suan~ ~o ~iS con=rac~ =o perfo~ as legal counsel for ~e city and ~o a. Se~e as legal advxeor ~o ~e City Council, ~e City .Manager, a~d ~ough ~e office of ~e Ct=y Manager, advise Department Heads, City Officers, and City Boards, including the Planning and ~oning Co~ission, the Board of Adjustments, and the Construction Review Board. The City Attorney may also advise ~he Code Enforcement Board as per~tt~ed by law. b. Render written and oral legal opinions reques=ed by the City Council, city ~anager or their designee, on matters relating to City business. Prepare, or sufficie~lcy, all City review and approve as to form and legal ordinances, resolutions, deeds, con=fac=s, and other formal documents. d. At=end regular and special City Council meetings, and City Council Workshops, unless excused. e. Perform such other related duties and rune=ions as may be reasonably assigned by the City Council, ordinance or applicable law. In consideration for the services described in paragraph e4/29/94 07:17 '~ 407 951 3741 FRF.~, NASH e~ al ~ 94 · , above, the City &csFeee~:opay~he said ¢~ty At~orneyl:Ae hourly fee of $80.o0, ~Alc~suncovers al~ p~o~ess~ona~ ~ees ~n connection 3. In addition ~o ~e se~c~ descried l~ paragraph 1, above, ~he City Attorney nay be ca11~ upon by ~e City Council ~o ~le and ~rose~e c~v~l suits, ~ncluding forfeiture and eminen~ domain proceedings erie defense of o~er sui=s or a~tnis~rative ac~tons. ~e City At~o~ey shall ~ paid legal fees at ~e rate of $100.00 p~r ho~ for ~ese additional services. To ~e e~ent ~e City A~orney is called upon to advise ~e City regarding bond related maC,ers, ~e Cl~y A=~orney shall be paid legal fees a~ ~he ra~e of $125.00 p~ hour. 4. In addition =o ~he above, ~e City will reimburse =he City A=torney for actual and ~eces8ary out of packe= e~enses such as long d/stance phone calls, pho~ocopyi~ e~ensos~d postage bu~ shall no= reimburse the C~ty Attorney for normal opern~lng and fixed e~onses. Fur~he~ore, ~e C~ty A~=ornoy, or his designee, shall be rei~sod by ~he city for all e~enses incurred in a~tonding ~he annual s~lnar sponsored by~e Local Gover~en~ ~w Section of~e Florida Bar and ~he annual seuinar s~onsored by ~he Florida M~icipal A~orney Association, Inc., including registration fee, ~ravel, meals, and lodging at ~e st~e of the seminar. 5. Pa~ent of all fees and e~ense, if any, shall be based on mon~ly written itemized statements~subject to approval of the Ct=y Manager ~n ~e ~ame manner the City pays re~lar bills. 6. xt ia underltood t~a~,° by ~Ats agreement, ~he Attorney is an independent contractor and is Ikgj~ to be provided wi~h any £rtnge benefits of e~ploy~en~ vl~h ~e Cl~y su~ as ~odtcal instance, life insurance, hollday pay, sl~ leave, or o~ su~ ~neft~s, nor shall ~e Cl~y A~o~ey ~ a partlclpan~ in ~e ~pZoyoe penslon plan. 7. ~e Ct~y Attorney shall not ~ compensated for · tne oF ~avel e~enses for ~ravel between his office and Hall, 8. The City Ak~orney agroes ~o ~t~ his outs/de practice .~ha~ he doeo no~ hold ~ny p~1tc office su~ as City A~o~ney for any o~eg city, tn Indian Rtv~ County, Florida, wi~hou~ ~he e~ress pFlor~i~an consen~ of ~he city Council ona case by case basts. 9. 1~ ts e~ressly understood ~hat ~he City A~orney shall be a ~ar~er Officer and shall only be renoved for cause in accoFdance wt~he City.after. This conkrac~ shall resinate on ~e ~te of ~e first re~lar City Council meeting tn May 1995 ~less o~e~ise ~t~ded by mutual a~eemen=. 10. The City At~orney's compensation nay be i~creased during ~he budge~ review ~rooess upon reoo~en~ation by =he Ci=y ~anag~ an~ approval of the Ci=y 11. Except in emergency si~ua~ions, all oo~unt=ations be~wee~ the City Council and the Ci=y A~torney shall be ~rough the Mayor, City Manager or his des~gna=ed representative. ~e C~ty A~orney ~s no= 8uthorized to communicate directly with 3 e4/29/94 {)7:18 ~' 407 951 3741 FRE~, NA$I~ et al [~ {)6 I citizens regarding city business unless expressly authorized by ~e City Cocci1 or City H~a~er. This se~lon shall no~ prohibl= any m~r of ~e Cl~ Co~c~l from ~o~c~g orr1 opin~on or advice. 12. The Agreemen~ shall supersed~ all pr/or Agreements be=wee~ ~e Ci~ a~d ~e Ci=y A~torney. CI~ O~ SEPTIC, ~RIDA Ar~u~ L. ~lr~i~n, Mayor' ' A~EST: Ka~ M~ O,H~lloran'~""~C/~ ......... Richard E. To~y; STATE OF F~DA ~~ OF BR~ The foregoing inst~en~ wa~ sworn =o, subscribed and ac~owledged ~fore ~e ~i~ ~ day of , 1994, by ~ur L. Firtion, who iS P~s~ow =o m~ Or who has produced az ide~tification and who did take an oath. NOTARY PUBLIC I Printed Name: My co~mission ExpireS: 4 I I I I i SUBJECT: ORDINANCE 0-94-05 AND 0-94-06 REGARDING TREE PROTECTI ORDINANCE Approval For Submittal By: City of Sebastian 1225 MAiN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-557.0 )' Agenda Number= ) ) Dept. Origin: Community Development ) ) Date Submitted: 04/27/.9...4... ) ) For Agenda Of: Q5./04/94 ) ) Exhibits: ) 1. Ordinance 0-94-05 ) 2. Ordinance 0-94-06 ) 3. Homeowner's Packet ) City Manager ( BC,~.I EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: N/A N/A N/A SUMMARY STATEMENT At its regular workshop meeting of July 7, 1993 the City Council reviewed the third draft of the tree protection ordinance and sent it to the City Attorney for preparation of an ordinance. Ordinance 0-94-05 amends the landscape ordinance in order not to be in conflict with the tree protection ordinance (0-94-06). The following items are the basic changes to the tree protection ordinance: The elimination of specimen trees (20 inch in diameter or greater) to obtain approval from city Council prior to removal. Minimum of I 1/2 inches in diameter, measure between 4 and 6 feet above the grade, for any trees to meet the minimum requirement for residential construction. A homeowner's packet relating to the protection of trees during land preparation for construction. Page 2 Since there is a new member of City Council and the time delay to have this ordinance for first reading, staff felt that it was necessary to place this back on the workshop meeting for any corrections. RECOMMENDED A, CTION Move to set the first reading for Ordinance 0'94-05 and Ordinance 0-94-06 May 25, 1994 and public hearing for June 8, 1994. I I I I I I I I I I I I I I I I I I ORDINANCE NO. 0-94-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING A~TICLE XIII, OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING TO LANDSCAPE REGULATIONS, BY DELETING PORTIONS OF SEC. 20A- 13.2; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian City Council has adopted Ordinance 0-93-06, pertaining to tree protection within the City of Sebastian, and being applicable to all real property located within the City of Sebastian; and WHEREAS, the provisions of Ordinance 0-93-06 are duplicitive of the requirements of Article XIiI, Sec. 20A-13.2 of the Land Development Code of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. Landscape Reaulations...Amended. Article XIII, Sec. 20A-13.2, of the Land Development Code of the City of Sebastian, pertaining' to the applicability of the landscape regulations is hereby amended as follows: "Sec. 20A-13.2. Applicability. For all new construction other than single-family or two- family residences, the minimum standards for landscaping set forth in this article shall be applicable to all storage, parking, display, sales or accessory vehicular use areas when created or used in conjunction with new construction, remodeling or enlargement requiring updated code compliance." ec$_~_~D_~. CONFLICTS. All ordinances or parts ordinances in conflict herewith are hereby repealed. Secti.~.3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian.River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the.Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and the word "ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 4. SEVERABiLITY. In the event a court of competent jurisdiction shall hold or determine that' any part of this ordinance is invalid or unconstitutional, the remaining provisions of this 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 unconstitutional provision, thereby remain in full force and effect. ~. EFFECTIVE DATE. without said invalid and causing said remainder to This ordinance shall become effective immediately upon its adoption. 2 The foregoing ordinance 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 Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this ordinance duly passed and adopted this day of , 1994. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie'R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this ordinance at 7:00 p.m. on the day of , 199__, and the following said public hearing this ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and content: Charles Ian Nash, 6~ty Attorney ORDINANCE NO. 0-94-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XIV OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING TO TREE.PROTECTION, IN ITS ENTIRETY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission for the City of Sebastian has met and approved the proposed amendment to the existing Tree Protection Ordinance for the City of Sebastian; and WHEREAS, the City Council has determined that the proposed amendment to the Tree Protection Ordinance of the City of Sebastian is in the best interest of the citizens of the City of Sebastian and will promote public health, safety and welfare, through better control of flooding, soil conservation, air pollution, and noise; by encouraging reduced energy consumption; by conserving water; and in general make the City of Sebastian a'healthier, safer, and more beautiful place in which to live. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. TREE PROTECTION ORDINANCE A~ENDMENT. Article XIV of the Land Development Code of the City of Sebastian, pertaining to tree protection, is hereby amended in its entirety, as follows: "Sec. 20A-14.1. Purpose, intent and applicability. A. Purpose. The purpose of this article is to establish protective regulations for trees within the City in order to: 1. Better control problems of flooding, soil 3. Conserve water; and 4. Make ~he City a healthier, safer, and more beautiful place in which to live. B. Intent· The intent of this article is to encourage the protection of a maximum number of trees. It is further the intent of this article to encourage, .in particular, the protection of native trees of the City.. C. Applicability. This article shall apply to all real property lying within the City, except: Public protection- Ifany tree shall be determined to be in a hazardous or dangerous condition, so as to endanger the public health, welfare or safety and requires immediate removal without delay, verbal authorization may be given by the director and a written permit shall be issued after the fact. State of public emergency - During the period of an emergency, involving natural disasters such as a hurricane, tropical storm, wind storm, freeze, flood or any other act of God, the requirements of this article may be temporarily waived by the City Manager, or designee, so that the requirements of this article will in no way hamper private or public efforts to restore order in the City. Nurseries - Ail licensed plant or tree nurseries, or active groves shall be exempt from the terms and provisions of this article. This exemption, however, only relates to those trees planted and growing on'the premises of the licensee, which are so planted and growing for the purpose of sale to the general public, or otherwise in the ordinary course of the licensee's business. All trees classified as prohibited or undesirable exotics according to Section 20A-14.17. "Definitions". Tree removal by public utilities as necessary to fulfill their function. Sec. 20A-14.2. Administration. Environmental Administrator. The Director of Community Development shall be the Environmental Administrator, and shall be responsible for administering the provisions of this article and 2 shall direct, regulate and control the protection of all trees growing now and hereafter in the City. Sec. 20A-14.3. Tree protection prior to development. A. Destruction approval. To prevent the unnecessary destruction of trees on vacant, platted lot(s) where a building permit or subdivision approval has not been issued, the destruction of any tree(s), on any one parcel of real property within the city, shall be prohibited, without first obtaining a permit as required within this article. B. Land Clearing or Grubbing. It shall be unlawful to clear or grub land within the City without first having obtained a permit as provided in this section. C. Tree replacement. All trees that are illegal removed, or effectively damaged causing decline and eventual destruction, shall be replaced in accordance with Section 20A-14.15. D. Replacement cost. The cost of replacing tree(s)s shall · be incurred by the party that damaged or removed the tree(s). E. Single-family and two-family requirements. Prior to a building permit being issued for a single-family or two-family residence, the applicant shall indicate the minimum number of trees, pursuant to Section 20A-14.4 (B) (1) (g) of this Article. All trees that are retained or installed to meet this requirement shall be verified prior to the issuance of the Certificate of Occupancy. Sec. 20A-14.4. Application for Permits. A. This section shall apply to all new single-family & two family properties. For all new construction other than single- family or two-family residences, the minimum standards set forth in Article XIII shall apply. Also, any person desiring a permit to clear, grub or otherwise similarly disturb property within the city limits of Sebastian shall make written application to the department on proper forms provided by the director. The application form must be accurately completed and signed. The applicant/contractor and owner, if other than applicant, must acknowledge an awareness and understanding of the requirements of this article, relating to the protection of trees during land preparation for construction and construction activities. The completed application shall be submitted with a filing fee as established by, resolution by, the City Council. The application shall be reviewed by the director or designee, and signed signifying approval, approval with modifications, or denial based on the pertinent criteria set forth in Section 20A-14.10. "Criteria for Permit Issuance". B. Permit applications and procedures. A completed "Application for Land Clearing, Grubbing, or Tree Removal" form shall be required before any work is done on any lot. The application shall be accompanied by a survey, which may be prepared by the contractor, and any of ~he following information and documentation deemed appropriate, as described below: 1. Land Clearing or Grubbing., A legible, scaled drawing showing property boundaries,"physical or natural features, and limits of the proposed work; A statement of the purpose for clearing and/or grubbing; A general description of existing vegetation, topography, and any surface waters present; A description of the method of debris disposal; A description of the method(s) of soil erosion and sedimentation control to be undertaken during earthwork activities and the means and timing of soil stabilization subsequent to the completion of the clearing and grubbing activities. f. Trees to be retained. The'minimum number of trees shall be according to the lot size, noted below. The minimum height of each tree must be at least six feet (6') and having a minimum one and one-half (1 1/2) inch diameter measured between four (4) & six (6) feet above the grade level. ~xception: Citrus trees may be used provided that none is less than four (4) feet in height, and shall not exceed three (3) or 25%, whichever is greater, of the required minimum number of trees on the lot. 4 MINIMUM TREE REOUiREMENT$ FOR RESIDENTIAL BUILDING IX)TS Lot Size:Scuar~ Feet To 9,999 10,000 To 15,999 16,000 To 19,999 20,000 To 29,999 30,000 To 39,999 40,000 To More Minimum Number of Trees Five (5) Trees Seven (7) Trees Twelve (12) Trees Fifteen (15) Trees Eighteen (18) Trees Twenty (20) Trees If trees must be added to the lot to conform with the requirements of this article, trees shall be supplied meeting: (1) Florida Grade Number 1 or better nursery standards established by the State of Florida Department of Agriculture and Consumer Affairs. 'Sec. 20A-14.5. Prohibitions. A. It shall be unlawful to remove (as defined in section 20A-14.17. "Definitions"), cut down, damage, poison or in any other manner destroy or cause to be destroyed any trees or mangroves covered by the terms of this article, except in accordance with the provisions of this article. All mangrove trimming or removal activities are subject to state permitting procedures. B. Attachments. It shall be unlawful to attach anything to a tree trunk or stem other than protective bindings, braces or other similar noninjurious materials. C. Prohibited or undesirable exotic trees and assessment of costs for removal. No person shall plant, or cause to be p/anted or permit to be planted anywhere within the corporate limits of the City of Sebastian, including any public street or right-of-way, the following trees: A. Ear Tree (Enterolobium cyclocarpum); B. Chinaberry (Melia azedarch); C. Australian Pine (Casuarina spp.); Punk Tree or Cajeput Tree (Melaleuca quinquernervia or Melaleuca leucadendron); Brazilian Pepper (Schinus terebin=hifolius). Whenever the director, after investigation, determines that any one of the prohibited or undesirable trees has been planted within the City, the director shall, within ten (10) days, cause to be served upon the owner or occupant of the real property upon which the subject trees are located, notice that such trees are in violation of this section. If after service of the notice provided for herein, and following any requested hearing provided for herein, it is determined that a violation does in fact exist, the property owner shall thereafter have fifteen (15) days in which to remove the tree(s), or the director, shall have the trees removed andcharge the costs of removal thereof to the real property owner. Sec. 20A-14.6. Individual Tree Removal permit requirement. No person, directly or indirectly, shall cut down, destroy, remove, relocate or effectively destroy through damaging, any tree situated on any property, or clear any lot or acreage located within the City, without first obtaining a permit as provided in this article. Sec. 20A-14.7. Tree removal permit exemptions. Prohibited or undesirable trees, as defined in Sec. 20A-14.17. "Definitions", must be indicated on the survey but are considered prohibited trees (or undesirable exotics) and are subject only to a verification inspection by the department prior to removal. Sec. 20A-14.8. Application for individual tree removal -permit other than new construction. A. Permit Requirement. Permits for removal, relocation or replacement of individual trees or groups of trees covered in this section shall be obtained by making application for permit to the director. B. The application shall be accompanied by a written statement indicating the reasons for removal, relocation or replacement of trees and one (1) copy of an accurate and legible Site Plan, drawn to the largest practicable scale, to show the following: 6 Location of the tree(s) that are being removed or relocated. Sec. 20A-14.9. Location of the trees remaining or replaced to meet the minimum requirements of Section 20A-14.4 B i g. Permit Fee. A non-refundable permit fee, to be established by resolution of the City Council, shall be applied to each acre or' fraction thereof to be inspected. Such a fee is deemed necessary for the purpose of processing the application and making %he necessary inspection for a~ministration and enforcement of this article. Sec. 20A-14.10. Criteria for permit issuance. The issuance of a "Land Clearing, Grubbing or Tree Removal" permit by the director, as required by this Article, shall be based on the following criteria: The need ,for vegetation removal on the property for purposes of land surveying or land preparation for development or other economic uses; Whether protected trees either do not exist on the site, or do not need to be removed for construction purposes; Pose a safety hazard to pedestrian or vehicular traffic or, due to proximity to existing or proposed structures, threaten to cause disruption to public services and public easements; d. Pose a safety hazard to buildings; Re Are diseased trees or in condition weakened by age, storm, fire, insect attack or other injury that pose a danger of falling and a safety hazard to people, buildings or utilities and other improvements on lot or parcel of land; The extent to which tree removal is likely to result in damage to the property of other owners, public or private, including damage to lakes, ponds, streams, or rivers, through runoff or erosion; ge Topography of and relief to the land where the tree or mangrove is located and the future effect of tree removal on erosion, soil moisture retention and the diversion or increased or decreased flow of surface water, and coordination with the city master drainage plan or similar plans adopted by City Council; 7 he Good forestry practices, i.e., the number of healthy trees that a given parcel of land will support, and the number and density of trees and mangroves existing elsewhere within the neighborhood, on improved or unimproved property; Necessity to remove trees in order to construct proposed improvements to allow economic use of the property. j. Whether the tree has been designated a historic tree. k. The species and size of the tree(s) proposed for removal; The extent of any damage or hardship which would result to the applicant from a denial ofthe requested permit. Sec. 20A-14.11. Application review. A. General Review Procedures. The director shall act as soon as practicable but shall have no.more than ten (10) working days after receipt of an application filed pursuant to this section 'in which to grant or deny the requested permit. If the director denies an application, the reason(s) for such denial shall be specified to the applicant in writing. B. Site plan requirement. In the case where a site plan is required to be submitted, the application shall be submitted simultaneously as part of the site plan application, and the time of approval shall be the same as required for site plan review. Sec. 20A-14.12. Appeal from denial of permit or other action of the director, penalty, and remedy. A. Appeal. Any applicant aggrieved by a decision of the director made pursuant to this article may appeal to a quorum of the planning and zoning commission sitting as a grievance board. Final appeal may be achieved by appearance before the City Council or a civil court, as provided by Sec. 20A-14.12.C. B. Penalty. Violation of any of the provisions of this article or the conditions of a permit issued hereunder shall be unlawful, any person violating any of the provisions of this article or the conditions of a permit issued hereunder shall, upon conviction, be punished as provided in Section 1-10 of the City Code of Ordinances, and until such violation is rectified, the building and/or land clearing permits issued in accord with site plan and tree protection plan approvals shall be rescinded. Further, whenever a violation shall be determined to exist, the building ~nd/or land clearing permits issued in accord with site plan and tree protection plan approvals shall be rescinded and development work on the property shall be stopped until the violation is rectified and the permit(s) is/are reinstated by the city. In any appeal under =his article, each individual tree or mangrove so removed, damaged or destroyed, will constitute a separate offense. C. civil remedy available. In addition to =he penalties provided inn Section 1-10 of =he City's Code of Ordinances, any person who violates any provisions of this article shall: 1. Forfeit and pay to the City a civil penalty equal to ~he total value of those trees or mangroves illegally removed or damaged as computed by the International Society of Arboriculture Shade Tree Value Formula. Such sum shall accrue to the City and may be recovered in a civil action brought by the City. Such sum so collected shall be placed in a fund for the tree bank or city street tree program, both established byresolution of the City Council, and shall be expended for the purchase of trees for replacement in public properties within the City. Replacement of illegally removed trees or mangroves may be required as restoration in lieu of money. This replacement will be computed on an inch-for- inch basis, according to the total inches at DBH of all illegally removed trees. A combination of money and tree and/or mangrove replacement may be required. D. Other remedy. No person shall remove, cut down, damage, poison or in any other manner destroy or cause to be damaged or destroyed any tree or mangrove in violation of this article. In the event of any such violation, or imminent threat thereof, the city Manager or designee, in addition to any other remedies provided by law, may institute a suit or injunction to prevent or terminate such continuing violations. Each day any violation of any provision of this article or of any ordinance shall continue shall constitute a separate offense, except that in any case where the violation consists of a discrete act or failure to act, each violation shall constitute a separate offense. Sec. 20A-14.13. Duration of permit. Any permit issued by the city pursuant to the requirements of this article shall expire if the work authorized by the permit is not completed within six (6) months of the date of permit issuance. The holder of such an expired permit may apply for re-issue within thirty (30) days of such expiration, and the director, at his/her discretion, may cause the permit to be re-issued, waiving the fee therefore. Alternatively, application for a new permit must be made. Sec. 20A-14.14. Tree Relocation by the City or t_he County. Where the applicant for a permit has authorized the City to enter upon his property and remove a tree or mangrove, the City shall have the option to relocate the tree or mangrove, at the City's expense, to publicly owned property. If the city does not elect to relocate such tree or mangrove, it may give the County the right to acquire such tree or mangrove at the County's expense, for relocation on other public land within the County. The relocation, either by the City or the County, shall be accomplished in fifteen (15) working days of the issuance of the 'permit to the owner. Should the City or county fail to remove the tree or mangrove within the fifteen (15) working-day period, the permit holder shall be allowed to proceed as provided in the permit. Sec. 20A-14.15. Tree replacement for illegally removed trees. __ A. Conditions and specifications for all tree replacement requirements. Characteristics. The replacement tree(s) shall have at least equal shade potential, screening properties, and other characteristics comparable to that of the tree(s) for which a removal request has been submitted. Replacement of illegally removed tree(s) Size. shall meet a size requirement providing for a standard of one-inch (1") DBH removed, unless otherwise agreed upon by both the director 9nd the applicant. Any number of trees may be utilized to meet the inch-for-inch requirement, provided that accep, table spacings and design are maintained. I Species. The City may require that the species of the replacement tree(s) be the same as those for which removal is being requested, or may require such replacement trees to be of a species native to the East Central Florida area. Acceptable ~xotic or "naturalized" tree(s) and palms may be used to meet replacement requirements. A list of species which meet these requirements is available from the department. Minimum standards. At the time of planting, each replacement tree must have a minimum overall height of ten feet (10') and a minimum trunk diameter of two inches (2") measured six (6") inches above grade level. All such trees shall be of Florida Department of Agriculture Nursery Grade Standard (quality) Number I or better. 10 Waivers of replacement tree(s) specifications. The planning and zoning commission may waive the species, size or minimum standards specifications if the applicant can demonstrate that the current market conditions are such that tree(s) meeting these specifications are not readily available. Substitute tree(s) allowed under this waiver section must have the approval of the director. Sec. 20A-14.16. Establishment. A. Any and all trees planted, replaced or relocated in compliance with this article must be maintained in a healthy, living condition after planting. Replacements that have not become established, have declined to an unhealthy condition to such a degree that survival is not probable, or have died, must be replaced, such replacements must continue until a tree is established at the approved location, or if repeated failures or other factors indicate that the specified location is unsuitable, at a location approved by the director. Sec. 20A-14.17. Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section: City shall mean the incorporated City of Sebastian, Indian River County, Florida. City Manager shall mean the City Manager or designee authorized to perform one or more of the duties of the City Manager, pursuant to this article. Crown shall mean all branch parts including all stems, twigs and foliage. Department shall mean the Community Development Department. Diameter At Breast Height (DBH) shall mean the standard measurement of the diameter, in inches, of a single-stemmed tree measured at four-and-one-half (4 1/2') feet above grade. The DBH of a multi- stemmed tree shall equal the sum total of the diameter of all stems measured at 4 1/2' above grade. Director shall mean the Director of the Community Development Department, or an employee authorized by the Director to perform one or more of the duties of the Director, pursuant to this article. Dripline shall mean an imaginary line along the ground which conforms to the perimeter of the crown of a tree as projected 11 vertically to ~he ground. Existing Diameter At Breast He£ght (EDBH) shall mean the total diameter measured in inches at 4 1/2' feet above grade of all protected trees existing on a site prior to ~he beginning of development on the site. EDBH shall not include any trees determined by the director to be.a prohibited species, dead or in a declining condition, which would warrant their removal. Grubbing shall mean the removal of any type of rooted vegetation from land by digging, raking, dragging or otherwise disturbing the roots of such vegetation and the soil in which such roots are located. Hazardous Tree shall mean a tree that, in the opinion of the director, constitutes a hazard to life or has a significant potential to cause injury to persons or damage to property as the tree is in imminent danger of falling, or is otherwise considered by a representative of the department to be or to create a hazard. (i.e., a dead, diseased, broken, split, cracked, leaning and uprooted trees). A hazardous tree shall also include a tree "harboring communicable diseases or insects. Historic Tree shall mean a tree(s) which has been found to be a notable historic interest to the City, because of its age, type, size or historic association with the community and has been so designated by resolution of the City Council, and the City Clerk shall keep a permanent record of all trees so designated. Land Clearing shall mean the removal by any means of any type of vegetation or trees from land. Mangrove shall mean any or all of the protected species of aquatic woody plants listed by the State of Florida Department of Natural Resources and the Department of Agriculture and Consumer Affairs. Native Vegetation shall mean any and all plant and tree species that are indigenous to the City of Sebastian. Prohibited or Undesirable Exotic Trees shall mean the five tree species, that if present on the site are considered to be prohibited trees (or undesirable exotics) and are subject only to a verification inspection by the department prior to removal. Under no circumstances shall any of the named tree species be deliberately introduced into the City and planted on public or private property; and any such action shall be deemed a violation of this article and shall be cause for assessment of penalty and damages for subsequent removal against said violator: Ear tree (Enterolobium cyclocarpum); Chinaberry (Melia azedarch); 12 Australian pine (Casuarina spp.); Punk tree or cajeput tree (Melaleuca quinquernervia or Melaleuca leucadendron); Brazilian pepper (Schinus terebinthifolius) Protected Tree shall mean any tree of five (5) inches DBH (15.7 inches in circumference) or greater, that is not o%herwise exempted herein. Protective Barrier shall mean a physical structure, composed of material complying witch the specifications and requirements or.his article which effectively limits access to a protected area. Remove or Removal shall mean any act which will cause a tree to be damaged, decline or die within a period of eighteen (18) months, e.g., damage inflicted upon the root system by heavy machinery, or by changing the natural grade above the root system or around the trunk; damage inflicted on the tree, by excessive pruning or the .'application of any chemical, which permits infection or pest infestation or causes poisoning; or damage caused by other direct or indirect actions, including paving with concrete, asphalt, or other impervious material to within two (2) feet of the outside diameter of a tree. The terms "Remove or Removal", when applied to a mangrove shall mean the actual removal or causing the effective removal through damaging, poisoning or other direct or indirect actions resulting in death or decline of a mangrove, and shall also mean the removal of any part of a mangrove plant through pruning, trimming, cutting, mowing or other direct or indirect actions resulting in the removal of any part of a mangrove plant. m Root Pruning shall mean the cutting of tree roots for the purpose of moving a tree or facilitating nearby construction or landscaping. Topping shall mean the removal of vertical leader stems on trees 5" DBH or greater. Tree shall mean any self-supporting and erect, standing woody plant having at lease one well-defined stem, which together with its root system, is of a species which normally attains a minimum overall height at maturity of at least six (6') feet in the Sebastian service area, and shall include, but not be limited to the region appropriate species listed and on file with the City Clerk, as adopted by resolution of the City Council and revised as required, from time to time. Undesirable Tree (See Prohibited or Undesirable Tree.)" 13 SECTION 2. Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 3. Severabilitv. In ~he 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 such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. Codification. It is the intention of the City council oft he City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part to the Code of Ordinances of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. SECTION 5. Effective DASD. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Council Member Norma J. Damp Council Member Robert Freeland Council Member Frank Oberbeck The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1994. CITY OF SEBASTIAN By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE Approved as to form and content: harlesian Nash, city Attorney 14 City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 TREE PROTECTION HOMEOWNERS PACKET CITY OF SEBASTIAN The purpose and intent of the Sebastian Tree Protection Code is to encourage the preservation of native trees and vegetation on lots which will, in turn, preserve the wildlife which is native to our City. This will reduce the final cost of landscaping and will enhance the beauty of the home. However, the City does recognize that certain conditions will warrant the removal of trees. In that respect, you, as a homeowner, are being provided with information to assist you in making wise decisions regarding the preservation of your trees. Properly planned home landscaping does more than just please the eye. There are many large and small enhancements you can make to lend a personal touch to your home's exterior, while adding to the beauty and energy efficiency of your residence. Through wise planning, you can help save money on your energy bills while adding to the beauty and value of your home. The following information is included in this packet: Tree Protection Code Summary Tree Protection During Construction List of suggested trees for planting Reference material on file in Community Development Department Plant the Ri h~ Tree in the Ri___q~ Place by FPL Landscape Planning by FPL Page 2 3 - 4 5 - 6 7 - 8 Attached Attached SUI~qKRY OF 'I'P,,EE PRO'I'EC'I'ION CODE By definition, a tree is any tree of five (5) inches in diameter or greater measured between four (4) and six (6) feet above grade level. MINIMUM TREE REQUIREMENTS FOR RESIDENTIAL BUILDING LOTS 0 to 9,999 10,000 'to 15,999 16,000 to 19,999 20,000 to 29,999 30,000 to 39,999 40,000 or more Sq. Ft ......... 5 Trees Sq. Ft ......... 7 Trees Sq. Ft ........ 12 Trees Sq. Ft ........ 15 Trees Sq. Ft ........ 18 Trees Sq. Ft ........ 20 Trees Credit for existing trees will be allowed based on a one-tree for one-tree basis. However, if trees must be a44e4 to the lot to conform to the above requirements, the following regulations will apply: Minimum overall height of six feet (6') and a minimum trunk diameter of one and one-half inch (1 1/2") measured at four to six feet (4' to 6') above grade level. Exception: Citrus trees may be a minimum overall height of four feet (4'), and shall not exceed three (3) or 25%, whichever is greater, of the required minimum number of. trees on the lot. Source: Tim Elder, 2ndian R~ver Countg Forester IF ~ B~TTY t'iIqZRRD - R~qO~ Source: ~lm ff2deT, ZndlaA ~tver Count'V ~oreate~ RRCO~iENDF-D T~RBS FOR PI~%NTING IN CP2~ FLORIDA* Mature Size Common Name Scientific Name Blue Beech Bottlebrush Southern Red Cedar Cherry Laurel Carpinus caroliniana Calliste~on rigidus. Juniperus silicicola Prunus caroliniana Crabapple Bald Cypress Flowering Dogwood Florida Elm Malus angustifolia Taxodium distichu~ Cornus florida Ulmus americana var. floridana Winged Elm Vlmus elate Golden Rain Tree Koelreuteria formosana Hackberry Ca/tis laevigata American Holly Ilex space Dahoon Holly Jerusalem Thorn Loblolly Bay Southern Magnol£a Ilex cassine Parkinsonia acule&ta Gordonia lasianthus Magnolia 9randiflora Red Mangrove Red Maple Red Mulberry Wax Myrtle Rhizophora mangle Acer rubrum Morus rubra Myrica cerifera Laurel Oak Live Oak Cabbage Palm Pindo Palm 9uercus laurifolia Quercus virginiena Sabal palmetto Butia capitata senegal Date Palm Washington Palm Sand Pine N. Fl. Slash Pine Phoenix reclinata Washingtonia robusta Pinus clausa Pinu~ elliottii var. elliottii M Tulip Poplar M Chickasaw Plum M Redbud L Sweet Gum Liriodendron tulipifera Prunus angustifolia Cercis canadensis Liquidambar styraciflua L Sycamore L Black Walnut Paltanus occidentalis Juglans nigra S = Small Mature Size (up to 20 feet in height) M - Medium Mature Size (20 feet to 60 feet in height) L ~ Large Mature Size (60 feet to 100 feet in height) *Central Florida - Ocala south to Punta Garda and Fort Pierce Better suited for this area. Source: Tree Protection Manual for Builders and Developers by Department of Agriculture & Consumer Services, Division of Forestry as edited by Tim Elder, Indian River County Forester R~COP~IRNDED TREES FOR PLANTING IN NORTH FLORIDAt ' Mature Size Common Name Blue Beech Bottlebrush Southern Red Cedar Cherry Laurel S Crabapple L Bald Cypress $ Flowering Dogwood Florida Elm Scientific Name Carpinus carolinians Callistemon rigidus Juniperus silicicola Prunus carolinians Malus angustifolia Taxodium dis~ichum Comus florida UlmuB americana var. Winged Elm Dlmus slats Go/den Rain Tree Koelreuteria formosans Hackberry Celtis laevipata American Holly Ilex opaca Dahoon Holly Bophornbeam Jerusalem Thorn Loblolly Bay Ilex cassine Ostrya virginians Packinsonia aculeata Gordonia lasianthus Southern Magnolia Magnolia grandiflora Red Maple Acer rubrum Red Mulberry Horus rubra Wax Myrtle Myrica cerifera Laurel Oak L Live Oak M Cabbage Palm M Pindo Palm Washington Palm Pecan Sand Pine N. Fl. Slash Pine Tulip Poplar Chicksasaw Plum Redbud Silverbell floridana L Sweet Gum L Sycamore L Black Walnut @uercus laurifolia @uercus virginians Sabal palmetto Butia capitata Washingtonia robusta Carya illinoensis Pinus clause Pinus elliottii var. elliottii Liriodendron tulipifera Prunus angustifolia Cercis canadensis Balesia diptera Liquidambar styraciflua Paltanus occidentalis Juglans nigra S = Small Mature Size (up to 20 feet in height) M - Medi~ Mature Size (20 feet to 60 feet in height) L = Large Mature Size (60 feet to 100 feet in height) 'Northern Florida'- Pensacola to Jacksonville and south to Ocala. OK for this area. Source: Tree Protection Manual for Builders and Developers by Department of Agriculture & Consumer Services, Division of Forestry as edited by Tim Elder, Indian River County Forester REP~J~CE DOOKS Dictionary of Trees - Florida and Sub-Tropical by Fred walden Forest Trees of Florida by Florida Division of Forestry Grades and Standards for Nursery Plants by Florida Dept, of Agriculture and Consumer Services Grades and Standards for Nursery Plants (Palms & Trees) by Charles S. Bush Landscape Pl&nninq by FPL PlantFinder by Betrock Information Systems, Inc. Planting ~ Ref~ for Wildlife by Susan Cerulean, Celeste Botha & Donna Legate for Fl. Game & Freshwater Fish Co~mission Nongame Wildlife Program Tree Protection ~anual for Builders and Developers by Florida Division of Forestry Xeriscape Plant Guide by St. Johns Water Management District Brochures, ]gewaletterB &nd O~her Publications mt Sebme~n ~munit~ IMve;lol~ent Depar~uent Tree City U.S.A. Bulletins Bow to Prune Young Shade Trees How to Hire an Arborist How to Save Trees During Construction Don't Top Trees] How to Write A Municipal Tree Ordinance Plant Trees for America! Bow to Prevent Tree/Sign Conflicts Trees for Wildlife How to Kill a Tree How =o Recycle Shade Tree Materials Keep A Great Thing Growing America Brochure Trees for America Brochure Arbor Day Foundation Publication May/June 1993 Education Materials The Woody Ornamentaliat Dispelling Misperceptions about Trees Tree Training and Pruning Cities See Trees as a Resource (news article) A Conservation Plan for a Developing Area Scrub: Learning to Love Tree Protection and Preservation during Construction The Best Way to Plant Trees Tree Planting Maintaining Tree Quality Mature Tree Care Pruning Standards for Shade Trees Pruning Field Notes Low Maintenance Landscapes Insect and Disease Problems Fertilizer Schedules for Ornamental Plants Size of Soil Balls Recommended for Deciduous Trees Information of Various Types of Trees Menu of South Florida Landscaping Trees Diseases of Hollies Ornamental Palms of South Florida Florida Live Oak Mangroves - Florida's Coastal Trees Florida Urban Newsletter Brevard County Land Clearing and Tree Protection Regulations St. Johns River Water Management District Turn I~ Off - Water Conservation Rule Turn It Off - 50 Ways to Save Water Home Lawn Irrigation Xeriscape Plan City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 for installation of cabinet on City Droperty. SUBJECT: Southern Bell Request) Agenda No. ) ) DeDt. Origin ) ) Date Submitted ) ApDroved for Submittal By: ) For Agenda of ) City Manager .~~~ 04-27-94 05-04-94 ) Exhibits: Letter of Request, ) Engineer's drawing, Cabinet ) dimension drawing. EXPENDITURE AMOUNT REQUIRED: N/A BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUbSqARY STATEMENT Bonnie Norris with Southern Bell Engineering Department contacted me, with a request to install a 9' x 8' by 5 1/2' tall Southern Bell cabinet near the east airport entrance road off of Main Street. Their request was to install the cabinet on the ten foot utility easement of lot 2, block 12 of unit one of Sebastian Highlands. However, because of the deed drainage ditch immediately adjacent, I would request that the cabinet be located 15 feet further south and east to allow access for maintenance equipment. Because this location would be outside of the existing easements and on City DroDerty, council would be required to approve this installation. Following research with the City Clerk's office, I was able to determine that lot 2, block 12 of unit one was received from the GDC settlement on March 27, 1992. The conveyance was for the lot without special stipulations. Southern Bell indicated that they would plant shrubbery around the cabinet to held screen it. I would suggest that native sDecies be considered for the Dlanting that are low maintenance with a high survival rate during periods of drought. I feel the City should cooperate to the greatest extent possible with utility companies because they serve in the public's best interest. If City Council approves this location, then Southern Bell should be required to draft and prepare an access easement for the pad which should be approved by the City Attorney. RECOMMENDED ACTION Move to approve Southern Bell's request to install a Cabinet on Lot 2 Block 12 at Unit 1 Sebastian Highlands with Staffs recommendations and to coordinate with the city engineer. I I. SBT ERG INDIAN E!VER ?OO2 SHEET NO .... ~ OF J~ : ~1. SEBASTIAN, FLORIDA 329711 GALCULATED BY ~ DATE~ .... :- "' : _ ~ ~ . · ' "~ ·~,'.~'v', ...... ~ .... ~', '...~ }~ ..... ....... ~ ...... ~ ....................... ~ ........................ ,~} -'.~..-~-.~..--~)~r...~-~.~ o~**~ .w ~.~ ......... : ....... ~ ....... ~ ...... :: ........ ~:...: .... ~,,.~ ....... ~ .... : ........ ~ ...... ~ .... ; .......... ~: , : ., .; :~.~ ~.~..._~ ....... :. .... ~ ..... ~ ..... : ...... : ..... :~ / ~r:..~~...:..~ I ~4 02:4g P~ ]~P, OM SBT ENG INDIAN !RIYER i~UL)3 " U. ABINET. ~ ~ 6200 CABINET. DIMENSIONS. , ! ! ! ! i I ! ' I