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Home My WebLink About08091995 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 (407) 589-5330 FAX (407) 589-5570 TELEPHONE AGENDA SEBASTiAN CITY COUNCIL REGULAR MEETI2qG WEDNESDAY, AUGUST 9, 1995 - 7:00 P,M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit of ten minutes per speaker (R-95-33) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - No One Available 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS A .N..D/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-33) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 95.134 95.1o5 95.136 95.137 PG 1 95.013 PG 3-9 A. Presentation of Plaque - Employee of the Quarter B. Presentation of Plaque - Keith Miller - Construction Board Proclamation - "No Barriers Week" - August 13-19, 1995 - Requested by HEALTHSOUTH Treasure Coast Rehabilitation Hospital - Eileen Kiesel PRESENTATIONS mo Hoyman, Dobson & Co. - Presentation of Audited Report - Fiscal Year Ending 9/30/94 (Finance Director Transmittal dated 7/31/95, Audited Financial Statement) PUBLIC HEARING. FINAL ACTION The normal order ofbusiness for public hearings (R-95-33) is as follows: · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · StaffPresentation · Public Input o StaffSummation · Mayor Closes Hearing · Council Action Please note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing City Council. ORDII',JANCE NO. O-95-19 - Accessory Buildings (Director of Community Development Transmittal dated 8/3/95, O-95-19) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, REGULATING ACCESSORY BUILDINGS, PROVIDING DEFINITIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/24/95, 1st Reading 6/14/95, Advertised Legal Notices 6/28/95, PH 7/12/95, Readvenssed 7/26/95, PH 8/9/95) 2 95.043 PGS 11-15 95.138 PGS 17-28 ORDINANCE NO. 0.:95,20 - Occupational License Fee Amendment (City Clerk Transmittal dated 8/3/95, O-95-20) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 30, SECTION 30.51, ARTICLE II, OF THE CODE OF ORDINANCES; REVISING THE OCCUPATIONAL LICENSE TAX FEE SCHEDULE; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 7/12/95, Advertised Legal Notices 7/26/95, PH 8/9/95) 9. OUASI-JUDICIAL PUBLIC HEARING Procedures for Quasi-dudicial Hearings as Follows (In accordance with R-95-39): Mayor Opens Hearing-Outlines Rules Clerk Administers Oath Disclosure of Ex-Parte Communication Staff Presentation Applicant Presentation - 15 Minutes Inquiry of Applicant Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Proponents Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or JO Minutes if Representing 5 or More _Inquiry of Opponents Informational Testimony- 3 Minutes or lO Minutes if Representing 5 or More Closing of Public Informational Period Staff Response and Summary - 10 Minutes Applicant's Rebuttal Presentation - ] 0 Minutes Board and Staff Inquiry Special Use Permit Request - Skydive Sebastian - Allow Overnight Camping at Overflow Parking Area as Accessory Use - 400 West Airport Drive (Director of Community Development Transmittal dated 8/1/95, Application, Mosby Letter dated 6/21/95, Petty Memo dated 7/3/95, Van Antwerp Memo dated 7/5/95, P & 7, Memo dated 7/7/95, HRS Letter dated 7/21/95, Plan Under Separate Cover) 10. PGS 29-52 11. 12. 13. 95.139 PGS 53-66 95 .O98 PGS 6%74 95.098 PGS 75-82 95.140 PGS 83-86 CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 7/19/95 Special, 7/26/95 Regular COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS NEW BUSINESS Vacation of Easement Application - Lot 2, Block 74, Sebastian Highlands Unit 2 (City Clerk Transmittal dated 8/3/95, Sec. 90-129, Craven, Thompson Letter, Application, Survey, Utility and Staff Letters, FPL Survey, R-95-44) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING A PORTION OF THE EASEMENT LOCATED IN THE SOUTH FIVE FEET OF LOT 2, BLOCK 74, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-34, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. Craven Thompson Work Tasks - Supplemental Agreements (City Manager Transmittal dated 8/1/95, Scope Description & Fee Basis, Supplemental Agreements 1-4) Masteller & Moter, Inc. Work Tasks - Supplemental Agreements (City Manager Transmittal dated 8/1/95, Supplemental Agreements - 1-4) Richard Fey - Request for Site Plan Time Extension - Channel 68 Marina (Director of Community Development Transmittal dated 14. 15. 16. 17. 18. 7/27/95, Fey Letters dated 7/14/95 and 7/21/95) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker CITY COUNCILMATTERS A. Mr. Raymond Halloran B. Mayor Arthur Firtion C. Vice Mayor Carolyn Corem D. Mrs. Louise Cart-wright E. Mrs. Norms Damp CITY ATTQRNEY MATTERS CITY MANAGER MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED rD 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 INADVANCE OF THIS MEETING. City of Sebastian 1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJ]ECT:Audit Report for FY1994 Approved For Submittal By: City Manager ~? Agenda ~o. ~'~, / ~'7 Dept. Origin: Finance Finance Director ~~ Date Submitted: 07/31/95 For Agenda of: 08/09/95 Exhibits: Audited Financial Statement FYE 9/30/94 AMOUNT APPROPRIATION REQUIRED: $0 BUDGETED: $ 0 REQUIRED: $0 SUMMARY STATEMENT The annual financial statements for the fiscal year ended September 30, 1994 were prepared by the auditing firm of Hoyman; Dobson & Company, P.A., certified public accountants. Mr. Tom Kirk, audit director, will present the audit report and be available for your questions. RECOMMENDED ACTION Move to acknowledge receipt of the audited financial statements for the year ended September 30, 1994. City of Sebastian 1225 MAIN STREET : SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 : FAX (407) 589-5570 SUBJECT: PUBLIC HEARING FOR ORDINANCE O-95-19, ACCESSORY BUILDINGS Approval for Submittal By: City Manager ~,/i~ ) Agenda Number: ~0/3 ) Dept. Origin: Community DeveloDment Date Submitted: For Agenda Of: Exhibits: 8/1/95 8/9/95 Ordinance o-95-19 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT At its regular meeting of April 20, 1995, the Planning and Zoning Commission passed a motion recommending to City Council to amend Section 20A-5.7 of the Land Development Code regarding Accessory buildings. At its regular meeting of June 14, 1995, the City Council approved first reading of Ordinance 0-95-19. The public hearing was scheduled for June 28, 1995 but, the City Council determined that there was a revision needed in the body of the ordinance. Subsequently, the ordinance has been revised and scheduled for a public hearing and final action on August 9, 1995. RECOMMENDED ACTION Move to approve Ordinance O-95-19. ORDINANCE NO. ORD Z CE OZ THE CITY COUNCI OF THE C TY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, REGULATING ACCESSORY BUILDINGS, PROVIDING DEFINITIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Code of Ordinances to regulate the construction of accessory buildings in the City; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to so amend the Code of Ordinances. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-5.7 of the Code of Ordinances, City of Sebastian, is hereby amended to read as follows: Sec. 20A-5.7 Accessory buildings. A. Definition. "Accessory Building" shall be defined as any structure or portion thereof located on a lot in a residential district which is not designed primarily for use as living area. The homeowner shall have the burden of showing that a structure or portion thereof is designed primarily for use as living area. B. Presence of principal building required. No accessory building shall be constructed upon a lot until the construction of a principal building has been started and no accessory building shall be used unless the principal building has received a certificate of occupancy. Location. General rule for location. No accessory building or structure shall be located in any required yard (setback). Furthermore, no detached accessory building or structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. Corner lots. Notwithstanding the provisions of paragraph 1, accessory buildings may be located to the front of the front setback line along the boundary of the secondary front yard and an improved corner lot, provided that said secondary front yard does not abut an interior lot. (Ord. No. 0-93-01, & 50, 2-24-93) General regulations of accessory buildings. No mobile home, travel trailer, truck trailer or any portion thereof, or motor vehicle shall be permitted as an accessory building. No accessory building shall be constructed or maintained without a building permit being issued by the city's building official expressly designating the type of accessory building (example: garage, shed, pump house). The building official shall not issue a building permit if the application for a building permit does not specify the type of accessory building which the applicant seeks to construct or to maintain. The building official shall not issue a building permit if the accessory building does not comply with any other provisions of the land development code or the Code of Ordinances of the City of Sebastian. No detached accessory building shall be constructed or maintained if the height thereof exceeds the height of the principal structure that is located on the same real estate parcel or lot. No detached accessory building shall be constructed or maintained if the square foot area thereof exceeds seventy-five (75) percent of the living and nonliving square foot area of the principal structure that is located on the same real estate parcel or lot. Any detached accessory building over 200 square feet in area and any attached or detached accessory building with a door opening higher than seven (7) feet in height or exterior walls higher than the structure containing the primary residence must be reviewed and approved by the Planning and Zoning Commission utilizing the following criteria: a). The exterior of the accessory portion of the structure including mass, facade and materials, shall be in harmony with the overall general character of the structure containing the primary residence. b). Exterior facade material shall be compatible in appearance and color with the facade of the principal building structure. No exterior siding shall be of metal or vinyl, unless the owner proves to the satisfaction of the Planning and Zoning Commission that the siding shall be of such quality and style that it will be compatible in appearance, color, and design with the principal building structure, and in harmony with other structures in the general area. c). The ridge line of the roof for the accessory building shall not be higher than the roof ridge line of the primary structure. d). No portion of an accessory building that has exterior walls higher than the structure containing the primary residence shall extend beyond the front building line of said primary residence. E. Exception - One dock on single-family residential parcel. Notwithstanding anything above, one boat dock may be built adjacent to a lot or parcel of land that is then zoned for single-family residential use provided a building permit for such dock is obtained from the city of Sebastian pursuant to the following conditions: The applicant shall submit to the planning and zoning commission an application for a permit along with a fee of fifty dollars ($50.00). The application shall contain a plan showing the exact location of the proposed dock, its height, elevation, length, width, and the material of construction. The application shall also contain a copy of all other permits that may be required for such dock from the State of Florida and the U.S. Government, if applicable. The application shall also contain an executed written contract between the city and all owners of the parcel, including mortgage holders, if any, that states that all owners and their successors in title shall take such action as is required by the City to ensure that no use is made of the dock until such time as the single-family residence is built on the lot and a certificate of occupancy has been issued for such residence. The application shall also show the zoning applicable to the lot, and shall show the size and dimensions of the lot, and all lot lines and easements. The planning and zoning commission shall be required to review the said application, and may impose reasonable additional qualifications on the permit depending on the facts of the case. If the requirements are met, however, the permit shall not be unreasonably withheld. Prior to the issuance by the building official of any such dock permit, the aforesaid contract shall be recorded by the owners and a true copy of the recorded contract shall be delivered to the building official, along with a performance bond in the amount of the cost of the dock, or five thousand dollars ($5,000.00), whichever is greater, which bond shall insure that the dock shall be removed if the city's code enforcement board finds and determines that the lot owner(s) have allowed or suffered anyone to use said dock prior to the issuance of the certificate of occupancy for the residence on the lot. No dock built shall involve any dredging or filling other than is necessary to install pilings to support such dock. The dock shall be supported by pilings or shall be a fully floating dock with only the floats being positioned by the pilings. The dock shall not unreasonably impede the flow of water or be a hazard to navigation on the water adjacent thereto. The generally applicable provisions of the code enforcement board shall apply;, however, if the code enforcement board finds a violation of the requirements to have been co~mitted, the city may take all appropriate actions to enforce the said performance bond, which bond shall remain in full force and effect until such time as the required certificate of occupancy shall have been issued for the single family residence. (Ord. No. 0-87-14, § 1, 5-13-87; Ord. No. 0-90-15, §§ 1, 2, 12-12-90) Section 2. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section 3. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5. This Ordinance shall become effective thirty (30) days after its passage and adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1995. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF , 1995. The foregoing Councilmember Ordinance was moved for adoption by The motion was seconded by Councilmember into a vote, the vote was as follows: and, upon being put Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1995. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~2 FAX (407) 589-5570 SUBJECT: CITY COUNCIL AGENDA TRANSMITTAL Ordinance No. O-95-20 Occupational License Amendment AGENDA/NO: DEPT. ORIGIN: City_ Clerk APPROVED FOR SUBMITTAL: City Manager ' DATE SUBMITTED: 8/3/9~ MEETING DATE: 8/9/~ EXltlB~S: 0-95-20 Expenditure Required: '1 Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Ordinance No. O-95-11, adopted on June 14, 1995, established fees for occupational license. Subsequent to its adoption additional changes were made. Ordinance No. O-95-20 had its first reading on July 12, 1995 and is presented for public heating. ]RECOMMENDED ACTION Move to adopt Ordinance No. O-95-20. ORDINANCE NO. 0-95-~C AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 30, SECTION 30.51, ARTICLE II, OF THE CODE OF ORDINANCES; REVISING THE OCCUPATIONAL LICENSE TAX FEE SCHEDULE; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian desires to revise its rate structures for Occupational License taxes; and WHEREAS, the City Council has found that the recommended tax rates are reasonable throughout each class. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. Article II, Chapter 30, Section 30.51(10)a of the Code of Ordinances of the City of Sebastian, Florida, is amended to read as follows: a. Commercial property rental (mall, shopping center, or any other property owner renting or leasing space to five or more commercial Tenants, including booth tenants on a single parcel), per rental unit Apartment rental each individual rental Storage & warehouse, public each additional unit Office Rentals each additional unit $30.00 $ 3.00 $30.00 $ 3.00 $30.00 $ 3.00 SECTION 2. Article II, Chapter 30, Section 30.51(10)c of the Code of Ordinances of the City of Sebastian, Florida, is amended to read as follows: c. Campground or mobile home park or trailer camp, $60.00 Each rental unit within the park $ 5.00 Tourist camps or courts $60.00 Each guest room (per unit) $ 5.00 Trailer camps, RV parks $60.00 Per space $ 5.00 SECTION 3. Article II, Chapter 30, Section 30.51(12)c of the Code of Ordinances of the City of Sebastian, Florida, is amended to provide that shoeshine parlors shall pay a license fee of $30.00 plus $3.00 for each additional seat. SECTION 4. Article II, Chapter 30, Section 30.51(12)e of the Code of Ordinances of the City of Sebastian, Florida, is amended to read as follows: e. Barbershop, Beauty shop: The business owner $30.00 Each non-employee licensed barber $30.00 Each non-employee licensed cosmetologist $30.00 Each chair/station $ 3.00 Section 5. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section 6. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 8. The fee schedule which exists in Sections 30-51 and 30-52 of the Code of ordinances of the City of Sebastian will continue in effect through September 30, 1995. The fee schedule which is set out in Sections 30-50 and 30-51 of this Ordinance shall be effective on October 1, 1995. This Ordinance shall become effective thirty (30) days after its passage and adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THiS DAY OF , 1995. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF , 1995. The foregoing Councilmember ordinance was moved for adoption by The motion was seconded 'by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Counciimember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1995. ATTEST: Kathryn M. O'Halloran, CMC/AAE (SEAL) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: SPECIAL USE PERMIT FOR SKYD IVE SEBASTIAN Approval for Submittal By: City Manager Agenda Number: ~/~ ~ Dept. Origin: Community Date Submitted: For Agenda Of: 8/9J95 Exhibits: 1. Application and Site Plan for Special Use Permit 2. Letter dated 6/2!/95 from Randy Mosby 3. Memo dated 7/3/95 from Chief Petty 4. Memo dated 7/5/95 from Job~ VarzA~twerp 5. Memo dated 7/7/95 from Planning and Zoning Commission 6. Letter dated 7/21/95 from HRS Development 8/1/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received an application for a special use permit to allow Skydive Sebastian to provide overnight camping as an accessory use to their existing skydive operations. Since camping or campgrounds are not mentioned specifically within our Land Development Code, this use would be within Section 20A-2.6 regarding special use permits. Section 20A-2.6.B states "Required findings of fact. The city council shall not grant any special use permit under this section unless it shall make findings based upon the evidence presented that: 1. The granting of the special use permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located; and Cover Agenda Sheet Special Use Permit - Skydive Sebastian Page Two 2. The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district. At its regular meeting of July 6, 1995, the Planning and Zoning Commission held a public hearing regarding this special use permit. The site plan depicts 10 RV parking spaces within the overflow parking area along with an adjacent 20' X 30' area for tents. The applicant also proposes to provide electrical hook-ups but no pump-out facilities. The Planing and Zoning Commission recommended to the City Council to approve the special use permit subject to the following conditions: Security personnel be provided 24 hours any time a camper is using the facility. Lighting to be provided for the camp area and must be approved by FAA. Signs be posted indicating the camping area rules, wording to be approved by the Airport Manager. Maintain a public telephone at all times. Limit the camping area as depicted on site plan dated 12/9/94, revised 6/5/95, Sheet C-l, Job #94-562 from Mosby & Associates, Inc. Provide a pass for every camper to be displayed on their windshield or on the tent, with proper identification shown prior to the issuance of the pass. No fee for passes. Ail passes must be issued to an approved skydiver. HRS must approve any bathroom facility whether existing or new. The bathroom must be opened 24 hours. The motion was also amended to suggest that Chief Perry's memorandum dated 7/3/95 should be followed. The above mentioned conditions meet all the requirements of his memorandum except for restriction of access from the general public to this area. Chief Petty suggests a driveway gate at the entrance to the campground and a fencing or vegetation barrier around three sides of the area. RECOMMENDED ACTION Hold public hearing and determine appropriate action with findings of fact. ,'~LICI%TION FOR SPECIAL U~E in mmc~anee w~th ge~t~on 2~A-2.~, L~nd ~mv~pm~nt illegal, end shall not be ~pecifically p~ohtbttad p~rsuant to tt~e Th~ City C~uncil ghall not 9rant any ~peplal use permit unde~ public ~af~ty, health or ~lfa~e or b~ ~njurl~us other prop~rtie~ or improvements will:in the immediate vicinity in whlcii th~ property i8 located: and. d.monstrat~ to be ;i.mila~ In natur~ and compntibl~ The fee fo~ a ~peclml use permit i~ $150 (established by Resoitltion NO, R-88-09). In addition the appl~ca-% must p~ovlde $2.29 fo~ U.S. maflin~). .n.s or ~L~CANT~ Skydive Sebastian, Inc. A~DR~SS OF &~LICANT~ 400 West Airport Drive .Sebastian,._Florida ~2958 a~L~CaNT m~O,~ ~ 407-388-5672 LEGAL DESCRIPTION OF ~USJBCT PnOPERT¥: See Attached ZONING OF SUBJECT PROPERTY- AI R~ASON FOR REQUEST FOR DPL~IA.IJ USE ~'ERMIT: overnight camping. To allow FOR CERTAIN Dat~ WAIVER AND CONSENT I/We, the owner(s) of the property located at Sebastian, Indian River County, Florida, (the ,,prope~ty"),.h~reby authorize e~ and every member ,of the ~-~e-~ Board/Commis'~ion of the City o~-- Sebastian ~/ (the .Board"/"Com/~ission") to physically enter upon the property and , view the Property in connection with my/our pending (the ,,Proceeding"). I/We hereby waive any objection or defense I/we may have, due to the quasi-Judicial nature o~ the proceeding, resulting from any Board/Commission member entering or viewing the property, including any claim or assertion that my/our procedural or substantive due process right~ under the Florida Constitution or the United States Constitution were violated by such entering or viewing. This Waiver and Consent is being signed by me/us voluntarily and not as a result of any coercion applied, or promises made, by any employee, agent, contractor or official of the City of Sebastian. /! 199~. Dat.d thi. ~.__ day of ~_f~ , SWOR~ to and subscribed , . My Commission Expires: before me this ~__ day of KEP. qY J. DO.ON MY CDMt~SSION ~ CC30394~ EXPIRES Augu~ 1, ']9~7 I MOSBY AND A~:..:~LC ATES, INC. I I June 20, 1995 Mr. Bruce Cooper I City of Sebastian 1225 Main Street Sebastian, Florida 32958 I Subject: Skydive Sebastian ~ebastia~, Florida i ~ngineer s P.N. 94-562 Dear Mr. Cooper: I In accordance with our special exception request to allow overnight camping at the subject project site it is our intention to limit the overnight stays to only skydives as an accessory use I to the function of the drop zone. The length of stay will be limited to two weeks. Security and health provisions will be provided as required. I Should you have any questions regarding the above subject, please call. ! I cc:Mr. Andy Grimwade I ::, '.,:.. I ..:~ .,~. , 2455 14TH AVENLJE P,O, BOX 6368 VERO BEACH, FLORIDA 3296] 407-569-OO35 I SEBASTIAN O,ioe of the Cl~ief POLICE 1225 Main Street I Sebastian, FL 32958 DEPA_RTM NT 589-523 Earle L."~'etty, Chief of Po;ice ''" :: I MEMORANDUM DATE : July 3, 1995 TO : Bruce Cooper, Director of Comrn~un~ Development SUBJECT: Special Use Permit Skydive Sebasticrn, Overnight Camping Upon review of the site plan and existing ccrrnping area several questions and concerns surface. Bec'at.use of those questions the following recommendations are being proposed. Restrict access to the general public. a. Driveway gate at the entrcmce to the campground. b. Fencing or vegetation barrier on 3 sides of the area. c. To protect persons and property, from easy access while in the facility. Provide security lighting at strategic locations to provide safety to /ac///ty' users. Post regulations which will comply with existing ordinance's governing such things as open fire regulcrtions etc. Date: July3, 1995 Subj: Skydive of Sebastic~n Page: Two Require positive identification on fhe primary subject for each camp space such as a copy of flueir photo drivers//cerise, vehicle year, veh/cle make, color, cuud license, etc. to be kept on file with Skyd/ve Sebastian for a period of time. Provide some type o£ stc~_f security for airport property and parked aircrcrfi. 6. Provide telephone for emergency use of overnight campers. I I I City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 I TELEPHONE (407) 589-5330 n FAX (407) 589-5570 Memorandum To: CC: From: Date: Subject: PLANING AND ZONING COMMISSION BRUCE COOPER John Van An. twerp July 5, 1995 SPECIAL USE PERMIT In regard to tile Sky Dive Sebastian Request for camping on fl~e Airport die position of the FAA is as follows; Camping may be permitted as an accessory use on aviation use property. Camping may be permitted as a primary use on non aviation use property if the tenant pays fair market vah,c for the use of the property. The City may deny camping any ,vhere on tile airport without violating die temxs of the deed. The final decision to approve or deny camping is for d~e City of Sebastian and only thc City of Sebastian. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: July 7, 1995 Mayor, City Council Dorri Bosworth, Secreta .~_ Planning and Zoning Commission Special.Use Permit - Skydive Sebastian At its July 6, 1995 meeting, the Planning and Zoning Commission held a public hearing regarding its recommendation to the City Council concerning an application for a special use permit for overnight camping in the overflow parking area at Skydive Sebastian, 400 West Airport Drive. After discussion with Mr. John VanAntwerp, hearing the applicant's presentation, and listening to numerous public input, Mr. Carl Fischer made a motion that the Planning and Zoning Commission, after reviewing Section 20A-2.6 of the Land Development Code, recommends to City Council to approve the special use permit for Skydive Sebastian with the following conditions: Security personnel be provided 24 hrs anytime a camper is using the facility. b. FAA approved lighting be provided for the camping area. Signs be posted indicating the camping area rules, wording to be approved by the Airport Manager. d. Maintain a public telephone at all times. Limit the camping area as depicted on the site plan dated December 1994, revised 6/5/95, Sheet C-l, Job #94-562 from Mosby and Associates, Inc. Mayor, City Council Special Use Permit - Skydive Sebastian Page Two Provide a pass for every camper to be displayed on their windshield or on the tent, with proper identification shown prior to isssuance of pass. No fee for passes. All passes must be issued to an approved skydiver. HRS must approve any bathroom facilities whether existing or new. A bathroom must be open 24 hours. Also, any other suggestions from Chief Petty's memorandum dated July 3, 1995, should be followed. Mr. Schulke seconded the motion. A roll call was taken, and the Commission voted unanimously 7-0 for approval. STATE OF FLORIDA DEPARTMENT OF HE.,~LTH AND REHABIUTATIVE SERVICF__.S HRS -INDIAN RIVER COUNTY PUBLIC HEALTH UNIT TELEPHONE (407) 776-632! ENVIRONMENTAL HEALTH ,...--'T'"': '"'.' '-' .~L' :,:-~.., SuN-CoM 240-6321 ~9oo 27T. ST.EE~ -.,' ." '~ ' ''/'n ~*'Z~.'~ FAX VERO BEACH. FL 32960 .:" '?,':~..,_,: , ~,e~,~'., .'::.,: ; '.~ _,~. ',:: July 21, 1995 IVIr. Randy Mosby, P. E. Mosby and Associates 2455 14th Avenue Vero Beach, FL 32960 RE: Skydive of Sebastian Sebastian Airport Dear Mr. Mosby: This letter is to confirm our reaent office meeting regarding proposed operations at the above referenced facility. The current owner wants to renovate the existing office to include a limited use snack bar and shower facilities. Also a ten (10) space recreational vehicle area is proposed. Relative to our discussion and review, the following items and comments will need to be addressed: Onsite Sewage Disposal Based upon our calculations, the existing system will need to be increased in design.and capacity. The addition of a 20 seat snack bar and shower fixtures (4) will increase sewage flow by 800 gallons per day. The addition ora 900 gallon septic tank and 350 square feet o£ drainfield is required. The deparUnent was informed that the food operation would be quite limited in that no cooking, fi'ying, or processing would take place to generate grease or oily kitchen waste. Therefore, the depamnent will not require a grease trap at this time. Drinking Water System The existing water system will need to be reclassified as a "non- community" public water system approved and regulated by the Florida Department of Environmental Protection (DEP). The applicm~t shall apply to that office throvgh a professional engineer licensed in the State of Florida for approval. The engineer will need to provide well log data, water quality analysis 'and treatment design to the DEP. LAWTON CHILES. GOVERNOR HRS-Indian River County Public Health [.Jllit Randy Mosby, P. E. Page two The proposed RV spaces will need to be approved and ammally licensed as a Recreational Vehicle Park in accordance with DHRS regulations. An application with approved City of Sebastian zoning site plan and $50.00 fee shall be submitted to the deparm~ent prior to licensing. The department will require a revised site pltm and floor plans depicting all proposed renovation and changes. If you have any questions, please feel free to contact me. Sincerely, Glerm R. Schuessler Asst. Env. Health Director cc: Mr. Bruce Cooper, City of Sebastian City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, JULY 19, 1995 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA PURPOSE: The purpose of the Special Meeting is to conduct a public hearing in accordance with F.$. 180.301 to determine if the sale of the water and wastewater utility is in the public interest. Mayor Firtion called the Special Meeting to order and the Pledge of Allegiance was recited. 2. ROLL CALL City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel Koford City Attorney, Clifton McClelland, Jr. City Clerk, Katlw~ O'Halloran Finance Director, Joel Haniford Utilities Director, Richard Votapka Deputy City Clerk, Sally Maio Special City Council Meeting July 19, 1995 Page Two Mayor Firtion noted attendance by Indian River County representatives as follows: County Administrator, James Chandler County Attorney, Charles Vitunac Utilities Director, Terry Pinto Utilities Assistant Director, Harry Asher Budget Director, Joseph Baird Mayor Firtion explained the purpose of the meeting and procedures to be followed. 3. PUBLIC I:tEARING IN ACCORDANCE WITH 180.301 F.S. A. Presentation - Ci~ Manager The City Manager eked Chapter 180.301 Florida Statutes, which provides specific guidance and requires the City Council to consider ten items before making a final decision on the sale of the water and wastewater facility. The City Manager addressed each item by presenting a thorough overview of background information and various aspects (both positive and negative) of the proposed sale. The presentation was accompanied by an overhead viewgraph slide, which addressed each of the ten items. He noted that after the presentation, in accordance with 180.301 Florida Statutes, the City Attorney would address the major kerns outlined in the final draft agreement. He stated that if the sale is confnmed by the City Council, Indian River County would conduct its 180 hearing on August 8 or 15, 1995. The City Attorney addressed the proposed sale agreement. He noted that he had distributed three highlighted amended pages to City Council (pages 16, D-1 and H-1 see attached) prior to the meeting, which were amended as a result of discussions with the County in the last few days. 2 Special City Council Meeting July 19, 1995 Page Three He noted those changes as follows: Page 16 - Section 5.04 added additional accounts to the accounts current balance list. Page D-2 - Form of bond opinion requested from the County with a new paragraph 3 added. He said he would address page H-1 later on m the meeting. He noted changes made to the agreement since City Council last considered it as follows: Page 10 - Paragraph 3 - the Riverfront Project will be transferred to the County, however, the special assessment will continue to be paid to the City and the City will in mm pay the County for construction of the project. Page 11 - Section 3.03 - Bond Obligations - the County will assume the City's obligations and win hold the City harmless for any liabilities arising out of the City bonds. Page 12 - Section 3.03 - Series of obligations listed in Extfibit H and H-1 - there are two City agreements for which the County will not assume liability; Citrus Utilities and Sebastian Lakes. He stated that the County will assume the City's liability in terms of the bonds; that an opinion from bond counsel will be obtained to certify that the adopted Resolutions are in order; and that by the County assuming the liability, the City's ½ sales mx will be released to use for other purposes. The City Attorney went on to discuss procedures for special assessments, whereby there are options for either the County or the City to impose assessments; and discussed the need for an ordinance to perfect the special assessment mechanism and to give the County the capacity for special assessment within the City limits. Special City Council Meeting July 19, 1995 Page Four He went on to explain the proposed agreement further: Page 19 - Section 6.03 - Rates - tiffs section gives the County the power to establish rates, to enable funding for future projects and in the event there are bond coverage shortages, they can impose rate increases. He said the establishment of rates, however, must be equitable with other user fees. Page 20 - Section 6.05 - Licenses to Use City Rights-of-Way - this section provides procedures for granting a license to the County for use of City rights-of-way The City Attorney went on to state that MB~ the insurer of the bonds, has reviewed the agreement and anticipates changes, however, they will not be si,~tmificant. He warned that by the time the agreement has gone before the County and to bond counsel for final approval, there will probably be some language changes in the indenmification area and perhaps in the County bond resolution. He then referred to the bond resolution. Mr. Halloran inquired about the interlocal agreement regarding Sebastian Lakes m table H-1. TAPE I - SIDE 11 (7:45 p.m.) Terry Pinto, Indian River County Utilities Director, said the County staff will recommend to the County Commission that the County defease the bonds and not go through with the transfer of obligations and that will do away with the requirement for indemnification and also give the City full assurance that the tax obligated to the bonds would be released and the obligation of debt would be totally the County's. B. Ouestions and Answers - General Public Mayor Firtion opened the public heating at 7:50 p.m. and recognized the following: Walter Barnes, 402 Azine Terrace; Gertrude Reid, 202 DelMonte Road; Thomas Wojciechowski, 425 Peterson Street; Ed Miquelon, 275 Zane Avenue; George Reid, 202 DelMonte Street; Lonnie 4 ' Special City Council Meeting July 19, 1995 Page Six Powell, 885 Roseland Road; and Clay Price, 12430 Roseland Road; all of Sebastian. Each person expressed his or her opinion and any questions posed by them were answered either by the City or County staff. Mayor Firtion closed the public hearing at 8:23 p.m. C. Discussion - CiW Council Vice Mayor Corum expressed concern for the difference in the map in the packet and that on the wall which exhibited the the three phases of water service with shaded areas. She inquired about areas not shaded and the City Manager explained that rights-of-way in the two areas, South Moon Under and San Sebastian Springs, have not been deeded to the City. He said there would be an obligation by the utility to service the area if and when there was a demand for it. She expressed concern that those areas hook up as soon as service is available to protect the Sebastian River. The City Attorney said the City would have the power to impose a special assessment and would have to acquire rights-of-way if it wished to have water provided to the area. The City Attorney and City Manager gave a brief history on the agreements between the City and Sebastian Lakes and GDU in response to Vice Mayor Corum's inquiry. Mrs. Damp commented that she was the only one on a previous Council who voted against the City purchase of the GDU facility and expressed her gratitude to the County. Mr. Halloran noted that Clay Price had referred to the City impact cost and not the County impact cost and said he was in favor of the sale to the County. TAPE 12[ - SIDE I (8:25 p.m.) Special City Council Meeting July 19, 1995 Page Six Mr. Halloran noted that the majority of voters want the sale to go through as evidenced by election results. Mrs. Cartwright said this had not been a quick decision and that it is without question in the best interest of the City of Sebastian to go ahead. Mayor Firtion said he had been against the purchase of the GDU facility since the inception and that this is a "win-win" situation. Resolution No. R-95-42 - Finding Sale of City of Sebastian Water and Wastewater Facility is in the Public Interest in Accordance with F.S. 180.301 (R-9542) A RESOLUTION OF THE CITY COUNCiL OF THE CITY OF SEBASTIAN, FLORIDA, DIRECTING AND AUTHORIZING THE PURCHASE, SALE, ASSUMPTION AND TRANSFER OF THE REAL AND PERSONAL PROPERTY COMPRISING THE UTiLITY SYSTEM OWNED AND UTILIZED BY TIlE CITY OF SEBASTIAN TO PROVIDE WATER AND WASTEWATER SERVICE; PROVIDING FOR FINDING OF A PUBLIC PURPOSE AND NECESSITY; PROVIDING THAT THE ACQUISITION IS IN THE PUBLIC INTEREST IN CONFORMANCE WITH SECTION 180.301, FLORIDA STATUTES; PROVIDING AUTHORITY TO COMPLETE THE PURCHASE, SALE, ASSUMPTION AND TRANSFER; AND PROVIDING FOR APPLICABILITY AND AN EFFECTIVE DATE. MOTION by HalloratffCartwfight I move to adopt Resolution No. R-95-42 in accordance with Florida Statute 180.301. The City Attorney read Resolution No. R-95-42 by title only and advised that since the resolution adopts the book, Council should also "adopt the revised agreement in the book". Mr. Halloran and Mrs. Cartwright concurred with the addition to the motion. 6 ~pecial City Council Meeting July 19, 1995 Page Seven ROLL CALL: Vice Mayor Corem Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion - aye - aye - aye - aye MOTiON CARRIED 5-O 4. Mayor Firtion adjourned the Special Meeting at 8:32 p.m. Approved at the Meeting. , 1995, Regular City Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 26, 1995 7:00 P.M. OR SOON THEREAFTER CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORiDA Individuals shall address the City Council with respect to agenda items immediately prior to 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-95-23) 1. Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. No one was available for invocation. 4. ROLL CALL CAt_tv_Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran City Manager, Joel Koford City Attorney, Tim Williams City Clerk, Kathryn O'Halloran Director of Community Development, Brace Cooper PW Director, Richard Votapka Deputy City Clerk, Sally Maio Regular City Council Meeting July 26, 1995 Page Two AGENDA MODIFICATIONS (ADDITiONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-23) None. PROCLAMATIONS AND/OR ANNOUNCEMENTS Mayor Firtion presented plaques to 4th of July Committee members, Virginia Wetherall, Roger Robinson, Wayne Kroegel, Cindy Anderson and Chairman John Malek. 95.029 PUBLIC ltEARING, FINAL ACTION The order for public hearings in accordance with R-95-23 is as follows: - Mayor Opens Hearing - City Attorney Reads Ordinance or Resolution - Mayor Announces Rules - StaffPresentation and Recommendation (if any) - Public Input - StaffFinal Comments and Recommendation (if any) - Mayor Closes Hearing Unless Hearing Continuation Granted by Vote of Three Councilmembers ORDINANCE NO, 0-95-03 - Parking in Residential Districta (Director of Community Development Transmittal 7/18/95, 0-95-03) AN ORDINANCE OF THE CITY COUNCiL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, RESTRICTING PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING DEFINITIONS, SETTING PENALTIES FOR VIOLATIONS, PROVIDING METHODS FOR ENFORCEMENT, PROVIDING FOR SEVERABILITY, PROVDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading on Revised 0-95-03 6/28/95, Advertised Legal Notices 7/12/95, PH 7/26/95) Re=~mlar City Council Meeting July 26, 1995 Page Three Mayor Firtion opened the public hearing at 7:05 p.m. The City Attorney read Ordinance No. 0-95-03 by title only. The City Manager gave a brief staff presentation and advised City Council that he would bring a recommended amendment to the next meeting regarding handicapped parking. John Kanfoush, 1437 Seahouse Street; Jean Brantmeyer, 1742 Starfish Lane; and Walter Barnes, 402 Azine Terrace, all of Sebastian, addressed City Council. Mayor Firtion closed the public heating at 7:11 p.m. The City Clerk stated that Municipal Code Corporation will fill in blank sections when codified. MOTION by Corem/Damp I move the adoption of Ordinance No. O-95-03. Mrs. Cartwfight expressed concern about the inconsistency of parking in right-of-way for improved and unimproved lots. She suggested parking in improved right-of-way should require permission of the property owner. Following a brief discussion, staff was directed to review the current code relative to the matter. ROLL CALL: Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran o aye Mayor Fin/on - aye MOTION CARRIED 5-0 3 Regular City Council Meeting July 26, 1995 Page Four 8. CONSENT AGENDA A. Approval of Minutes - 6/28/95 Regular Meeting. 7/12/95 Re_mflar Meefine The City Manager read the consent agenda. MOTION by Cam~ght/Halloran I move we approve item A of the consent agenda. ROLL CALL: Mrs. Cartwhght - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 9. PRESENTATIONS None. 10. COMMITTEE REPORTS/RECOMMENDATIONS 95.128 A. HANDICAPPED.SELF-EVALUATION COMMITTEE Intenhew and Consider Reappointment of Harry DiSalvio and Philip Foster to Three Year. Terms to Expire June 1998 (Human Resources Transmittal dated 7l] 8/95, 2 Applications. Pg~ of R-94-51 Re: Interview) City Council interviewed Philip Foster, however, Harry DiSalvio was not in attendance. 4 Regular City Council Meeting July 26, 1995 Page Five MOTION by Comm/Cartwri~t I move to appoint Philip Foster to the Handicapped Self-Evaluation Committee for a three year term to expire in June of 1998. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 City Council waived the requirement for Mr. DiSalvio's interview. MOTION by Comm/Halloran I move to appoint Harry DiSalvio to the Handicapped Self- Evaluation Committee for a three year term to expire June 1998. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 95.129 PLANNING AND ZONING COMMISSION (Director of Community Development Transmittal dated 7/18/95, Applications, P & Z Memo dated 7/7/95, Bosworth Memo dated 6/28/95) 5 Regular City Council Meeting July 26, 1995 Page Six Eliminate Desi_wnations of "1 st" and ,'2nd" for Alternate Member Positions MOTION by Cartwfight/Corum I move to eliminate the designations of 1st and 2nd for the alternate member positions of the Planning and Zoning Commission. ROLL CALL: Mayor Firtion ~ aye Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CAKRiED 5-0 Interview and A~ooint Alternate Member - Unexrfired Term to Expire November 1995 City Council interviewed Robert Pliska, Eric Wilsnack, and Shirley Kilkelly. MOTION by Cartwright/I-Ialloran I'd like to move to appoint Mrs. Shirley Kilkelly to an alternate position term expiring November 1995. ROLL CALL: Vice Mayor Corem - aye Mrs. Cartwfight - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 6 Regular City Council Meeting July 26, 1995 Page Seven 11. OLD BUSINESS 95.047 A. Discussion and Consideration of Capital Sanitation Franchise Requested by Mr. Halloran (Notification Letter to Capital dated 7/17/95) Nathan McCollum, 1448 Laconia Street and Walter Barnes, 402 Azine Terrace, both of Sebastian, addressed City Council. Ron Rigby, Capital Sanitation, addressed City Council stating he felt that the cause of most of the problem was the approximately 3000 residences that put out trash for pickup due to incorrect press coverage and reassured that problems encountered at startup were being taken care of. Mr. Halloran cited many violations of the agreement by Capital Sanitation. TAPE I - SIDE II (7:47 p.m.) Concerns were expressed relative to improper equipment, lack of track lettering and backup alarm, insufficient noticing, and pickup schedule. Each City Council member offered input. It was noted that the number of complaints had diminished in the past week and. subsequent to a rather lengthy discussion, it was the consensus of City Council to have the City Manager review and report on Capital's performance in thirty days. Mr. Halloran suggested Mr. Rigby advertise in the press to alleviate any public confusion. Mr. Rigby stated he would work with his customers on holiday credits, said he had received no assistance from BFI except for a handicap list and inquired how to refund people who have BFI stickers and have paid for the next three months. John Fortin, District Manager, BFI, stated he had not been contacted by Capital for a full customer list, and that no BFI customers were being charged for the current period. 7 Regular City Council Meeting July 26, 1995 Page Eight 95.122 B. Consider Vacation of Easement Application - Lot 9. Block 339. Sebastian Highlands Unit 13 - Ed & Brenda Thomas - Postponed ~ (City Clerk Transmittal dated 7/18/95, Sec. 90-129 Code of Ord., Craven, Thompson Letter, DCD Letter, Application, Survey, Letters of No Objection) RESOLUTION NO. R-95-40- Approving Vacation of Easement TO BE ADOPTED IF APPLICATION IS APPROVED A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH FIVE FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 9, BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-82C, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read Resolution No. R-95-40 by title only. MOTION by Cart'wright~alloran I move that we grant the request and adopt Resolution No. R-95-40. John Hill, Craven, Thompson & Associates, Inc., reported his findings to Council, suggesting that in the future these types of rear drainage easements be left intact (exhibiting on an overhead) however, he said that for the few applications that are in process, it would probably be acceptable to vacate the easements. He said he intends to meet with staff and the building community in the next few weeks to explain his reasons and ascertain how special circumstances can be accommodated. He suggested that perhaps a hold harmless agreement could be drafted for these situations. Regular City Council Meeting July 26, 1995 Page Nine The City Attorney said there could be potential city liability if, during maintenance, city equipment went beyond the easement and damaged private property or if activity in the easement caused damage to a pool deck. Staff recommended approval for the current applications. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Hailoran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-O 12. NEW BUSINESS 95.130 Ao Consider Vacation of Easement Application - Lot 3. Block 574. Sebastian Highlands Unit 17 - Larry_ & Cynthia Peters (City Clerk Transmittal dated 7/18/95, Sec. 90-129 Code of Ord, Craven, Thompson Letter, DCD Letter, Application, Survey, Letters of No Objection) tLESOLUTION NO. R-95-43, Approving Vacation of Easement TO BE ADOPTED IF APPLICATION IS APPROVED A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTHWEST SIX FEET OF THE NORTHEAST TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 3, BLOCK 574, SEBASTIAN HiGHLANDS UNIT 17, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 8-46, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLOR_IDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 9 Regular City Council Meeting July 26, 1995 Page Ten The City Attorney read Resolution No. R-95-43 by title only. Cynthia Peters addressed City Council. John Hill stated that this vacation would me more restrictive in that the bank is higher than the ditch and the property has a more significant slope and waterway, however, reiterated his recommendation about applications already in progress. Vice Mayor Corem expressed concern for city liability. MOTION by HallorarffCorum I move to adopt R-95-43. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye MOTION CAJDLIED 5-0 95.070 RESOLUTION NO. R-95-33 - City Council Meeting Procedures - Repealing R-95-23 (City Clerk Transmittal dated 7/19/95, Proposed Legislative R-95-33) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 10 Regular City Council Meeting July 26, 1995 Page Eleven The City Attorney read Resoluhon No. R-95-33 by title only. TAPE II - SIDE I (8:35 p.m.) Mrs. Cartwright suggested that language m Section 7 - subheading "Introduction of New Business from the Public" be amended since the language is already in Section 7 under the subheading "Sign-up Sheet". City Council concurred. (See amended page attached) MOTION by Comm/Cam~ght I move Council approves Resolution No. R-95-33 with changes recommended tonight on page five of the resolution by Mrs. Cartwright. ROLL CALL: Mr. Halloran ~ aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 95.131 Co RESOLUTION NO. R-95-41 - Simaamres on Financial Documents (City Clerk Transmittal dated 7/18/95, R-95-41) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING POLICY REGARDING THE NLrMBER AND FORM OF SIGNATURES THAT MUST APPEAR ON CHECKS, DRAFTS, AND OTHER FINANCIAL DOCUMENTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-95-41 by title only. i1 Regular City Council Meeting July 26, 1995 Page Twelve MOTION by Damp/Halloran I move that we approve R-95-41. Mrs. Cartwfight suggested an amendment to the third paragraph on page 2 regarding required signatures. The City Manager suggested amendments to the first and third paragraphs and Mrs. Damp and Mr. Halloran concurred with the changes. (See amended page attached). ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 95.132 Do Reauest from Mechanical Research and Design Corporation to Lease Aim. off Property (DCD 7/18/95, DCD Memo 7/13/95 w/ Attachments, Pino Fax 6/27/95) The Director of Community Development recommended tentative approval and then the applicant will go to Planning and Zoning for site plan approval and come back to City Council for formal lease approval. Walter Barnes, 402 Azine Terrace, Sebastian, urged approval. MOTION by Halloran/Cartwfight I move to give tentative approval to Mr. Pino for Mechanical Research and Design Corporation subject to negotiated lease and rates to be ratified by the City Council, FAA approval and Planning and Zoning approval of the site plan. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwr/ght - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Fin-ion - aye MOTION CARRIED 5-0 12 Regular City Council Meeting July 26, 1995 Page Thirteen 95.018 E. Award of Contract for Easy Street Bikepath from Hibiscus Avenu~ to Main Street to Pan American Engineering. Company - $26.578.00 (Public Works Transmittal dated 7/20/95, Summary Sheet of Bids, Bid and Contract Documents) The Public Works Director explained the difference between the base bid and alternate bid at the request of Mrs. Cartwright. Mayor Fin-ion stated it was not in the best interest of the City to award this bid and recommended combining this bid and the Englar bikepath bid. Following a brief discussion of concrete vs. asphalt and combining the two bids, motion was made. MOTION by Corum/C~~t I move to award the contract for construction of the Easy Street bikepath from Hibiscus Avenue to Main Street in the amount of $26,578 and for a time of completion of 60 consecutive calendar days following the issuance of notice to proceed. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - nay Vice Mayor Corum - aye MOTION CARRIED 4-1 (Firtion - nay) 13 Regular City Council Meeting July 26, 1995 Page Fourteen 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC TAPE ri - SIDE II (9:21 p.m.) Kichard Taracka, 1320 Coverbrook Lane, Sebastian, inquired about Barber bridge paving; correction of Police station ak-conditioning; and the Riverfront grant. Walter Barnes, 402 Azine Terrace, Sebastian, inquired about cleaning up house construction debris in the event of a hurricane; whether the City follows up on all Code Enforcement complaints; and read a letter his son in North Carolina had received from a real estate agent in Palm Bay which demeaned the City of Sebastian and which, he believed, was a scare to get people to buy "cheap" lots in the City. Paul Szafarz, 145 Capri Avenue, Sebastian, said he had submitted a letter with 150 signatures requesting two soccer fields at Barber Street Sports Complex. 14. CITY COUNCIL MATTERS A. Mrs. Norma Damp Mrs. Damp suggested the Tree Advisory Board review the code relative to tree survey requirements; and, .asked staff to look into language relative to the drainage plan and how it relates to trees on single family lots. B. Mr. Raymond Halloran Mr. Halloran noted that the Junior High School sports program was dropped and read from an article regarding increases in numbers of public employees, especially in the school system, over the years. 14 Regular City Council Meeting july 26, 1995 Page Fifteen C. Mayor Arthur Firfion Mayor Firtion reiterated his concerns about the bikepath bid, stating he was not against children; and, directed the City Manager to report to Council on what he is having the engineering consultants work on. D. Vice Mayor Carolyn Corum 95.133 Golf Course Memorial Trust Fund (Corum Transmittal dated 7/19/95, Exhibit One) Vice Mayor Corum suggested establishing a Golf Course Memorial Trust Fund and City Council generally thought it a good idea but not at this time. Vice Mayor Corum asked if the City Manager could come up with a policy and come back to Council. He concurred. Vice Mayor Corum inquired about revisions to fees and when the hurricane shutters on City Hall would come down. E. Mrs. Louise Cartwright Mrs. Cartwright asked if the City Manager could respond to the letter Mr. Barnes read. He concurred. She asked if he could review the Damp/Cooper matter and see it through to a conclusion. It was the consensus of City Council to direct the City Manager to do so. Mrs. Cartwright suggested looking into the sign ordinance and workshop discussion on it. 15 Regular City Council Meeting July 26, 1995 Page Sixteen 15. CiTY ATTORNEY MATTERS None. 16. CITY MANAGER MATTERS The City Manager reported that more information has been requested by the State relative to the Community Development Block Grant application. 17. Being no further business, Mayor Firtion adjourned the Regular Meeting at 10:00 p.m. Approved at the Meeting. 1995, Regular City Council Arthur L. Firtion, Mayor Kathryn M 0 'Halloran, CMC/AAE City Clerk 16 City of Sebastian 1225 MAIN STREET m SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Vacation of Easement Lot 2, Block 74, Unit 2, SH Hubert AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: 8/3/95. 1V[EE~G DATE: . 8/9/95 APPROVED FOR SUBMITTAL: EXItlBiTS: City Manager' Expenditure Required: IAmount Budgeted: Sec. 90-129 Code of Ordinances Craven, Thompson Letter Application Applicant Survey Staff and Utility Letters FPL Survey .... . .P..roposed R-95-44 IAppropriation Required: SUMMARY STATEMENT We have received an application for vacation of the south five foot easement of Lot 2, Block 74, Unit 2 Sebastian High, ands. John Hill, Craven, Thompson and Associates, Inc., has recommended that only the encroached area of the subject easement be vacated and that a hold harmless agreement be obtained from the property owner. He also suggests that an opinion be obtained from the City Attorney. FPL is willing to vacate only a portion the easement. No other objections have been received. The City Attorney prepared Resolution No. R-95-44 in accordance with the above recommendations. In accordance with Section 90-129 of the Code of Ordinances, we are submitting the application, survey, all recommendations from staff, utilities, and the consultant, and a proposed Resolution. If the decision of the City Council is to approve, Council should then adopt the Resolution. If the decision of City Council is to deny the application, no action on the Resolution is necessary. RECOMMENDED ACTION Review and take action on the application for vacation of easement for Lot 3, Block 574 Sebastian Highlands, Unit 17. If the application is approved, adopt Resolution No. R-95-44 to be effective upon execution of the maintenance agreement. ,§ 90-127 SEBASTL4~ CODE Sec. 90-127. Notification of public utilities: objections. Upon receipt of the request under section 90-126, the city clerk shall advise the existing public utility companies by certified mail, and the utility companies, after noti~cation is received, shall respond in writing w/thin 15 days of any objections thereto. (Code 1980, § 23-76) Sec. 90.128, Onsite inspection report. The city manager shall direct the building inspector or city engineer to make an onsite inspection of the property and make his report and recommendation in writing to the city manager, stating whether the easement is necessary to exist to serve the city either at present or in the future, or whether the easement serves no public purpose. (Code 1980, § 23-77) Sec. 90-129. Action by city council. (a) The city manager shall present the request for vacating an easement, together with the reports from the utility companies, and the report and recommendation o£ the building inspector or city cng/neet, to the city council. (b) I£ the city council deems that such easement is without the public interest and affords no public necessity at the present time or as regards the future growth of the city, the city council may, by resolution duty passed, vacate the easement. (Code 1980, § 23-78) Sec. 90-130. Recorrli~g of city council resolution. The city clerk shall send a copy of the resolution vacating the easement together with the necessary recording fee to the Clerk of the Circuit Court, Indian River County Courthouse for recording. (Code 1980, § 23-79) CD90:18 CRI~IEN 1FIO44PSON Surveyom 2tT70 Indi~ Rh~r 81~1. VJ~ I~JJ~, FL ~ 3uly 19, 1995 Ms. Kaflmyn O'Halloran, City Clerk City of Seba,man 1225 Main Street Sebastian, FlOrida 32958 Via: Telcfax 589 5570 Easement Vacation B, cquest: Lot 2, Block 74, Sebastian Highlands Unit 2-Hubert Dear Ms. O'Hallorar~ In response to the request for vacation of the easement on the referenced lot, we respond as follows: Lot 2, Blo_¢k 74, Sehastimu I-Ii_~lands Urdt.2 - Hubert: The survey indicates that the house is akeady built with a 2.5' encroachmem into the 5' easement on the south property line. This easement was placed by the developer in order to facilitate the side- lot drainage swale. We recommend that the City consider vacating only the actual encroachment as indicated by thc survey, after the Owner executes a hold-harmless agre~nent with thc City which would state that the Owner shall be responsible for any impediment to the drainage of either his lot or thc lot adjacent on the south, and that the Owner shall have full responsibility for any damages causes by the impediment to drainage caused by the encroachment, whether to his property or the property of Lot 1 to the south. We also recommend that the City Attorney opine on thc issue. If you need further information, please ~ivise. Sincerely, Thompson & Associates, Inc. (John V. ~AI1, P.I~., Vice President ~ed Engineer 17002 State of Florida CC:(telcfax) Mr. Joel Koford CiTY OF SEBASTIAN aPPLICATION FOR VACATION OF EASEMENT(S) (This reouest shell no be accepted unless completed in full) . *Individual, corporation, etc. - If corporation aDply co~or~te seal below DESCRIPTION Or EAL PRO ER?Y ON X STS: (Attach description on attachment if necessary)~//~ //~ ~,~.~jZ2,.' DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED: '~-' (This item tO be filled in by BuildinG Officiel) L.o. a. APPROXIMATE SIZE OF EASEMENT: LSLt' / feet in length ~ / in width PURPOSE FOR REQUEST TO VACATE: ~ ~~~.~ (Explain in dstail your need to =elease this sasement) I HEREBY CERTIFY thmt I, the Applicant, own the real property on which the emsement I request to vmcate exists, or ! am authorized to present this request to vacate by the owner of the real Please Print Name Here Attach hereto the following: (~1. Map, plat, survey, or clear drawing at least 8 1/2" x 11" showing the parcel of land on which the eesement exists, with parcel(s) of land adjacent to the easement requested to be vacated. SHOW TIIE EASEMENT CLEARLY ON DRAWING. ( ) 2. (N/A) ) 3. (N/A) Complete legal description of the parcel of land on which the easement exists if the full description cannot be placed on the lines provided above for the description. Written authorization of the owner of the parcel of land on which the eesement exists if the applicant is not the owner. ) 4. (N/A) IF IT IS NECESSARY TO GRANT BACK ANOTIIER EASEMENT TO REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF TIlE NEW EASEMENT. ( ) 5. Attach a check or money order payable to "The City of Sebastian" upon submittal of this application to the Office of the City Clerk. This appltcation~ fe~s .no'_~ ( (6. OT~. L ....... ~e: "abaS. app ~ City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 s FAX (407) 589~5570 May 24, 1995 Richard Votapka Sebastian Utilitie~ 1225 Main Street Sebastian, Florida 32958 Dear Sir: The City of Sebastian has been requested to grant approval for an abandonment of the South five (5) feet of Lot 2, Block 74, Sebastian Highlands Unit 2. A copy of the survey is attached for your information. In compliance with city of Sebastian Ordinance ~0-76-4, June 14, 1976, you must respond in writing within fifteen days. Should you have any questions concerning this matter, please contact my office at 589-5330 between the hours of 8:00 A.M. and 4:30 P.M. sincerely yours, Ka . city Clerk KOH:lmg Attachment (\ws-form/aban-let) City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 May 24, 1995 Richard Votapka Director of Public Works 1225 Main Street Sebastian, Florida 32958 Dear Sir: The City of Sebastian has been requested to grant approval for an abandonment of the South five (5) feet of Lot 2, Block 74, Sebastian Highlands Unit 2. A copy of the survey is attached for your information. In compliance with City of Sebastian Ordinance ~0-76-4, June 14, 1976, you must respond in writing within fifteen days. Should you have any questions concerning this matter, please contact my office at 589-5330 between the hours of 8:00 A.M. and 4:30 P.M. Sincerely yours, City Clerk KOH:lmg Attachment (\ws-form/aban-let) June 15, 1995 " Ms. Kathryn M. O'Ha!!oran, City Clerk City of Sebassian !225 Main Street Sebastian, Florida 32958 RE: Abandonment of Easement - Lot 9, Block 339, Unit -L-~ !. R!ock 7~, Unit Lot 5, Block 257, Unit 10 Lot 3, Block 574, Unit !7 Dear Ms. O'Ha!loran, Falcon Cable TV has no objections to the abandonment of easement at the referenced locations. Ken Vickers, P. egiona! Manager Falcon Cable %~¢ FALCON CABLE MEDIA 710 Washington Street, P~O, Box 780249, Sebastian, Florida 32978, Tel: (407) 589-384J' May 24, 1995 Jim sou=hem Bell 3300 OkeeChobee Road Ft. Pierce, Florida 34947 I l~fi MAIN ~RE~ S~BA~IAN, FLORIDA 31g~8 TELEPHONE (40~ S8~-~30 ~ FAX (407) SaC-SST0 ~ ~oet-it' F~ Note / ?6? ~ Dear Sir: The City of Sebastian abandonment of =he South five (5) fsmt of Lot 2, Block 74, Sebastian Highlands un!% 2. A copy o~ the survey is attached fo~ your information. In compliance wi=h city of Sebastian Ordinance #0-7~-4, Jun~ 14, 197~, you mUSt reapond in writing within fifteen dayS. Should you have any ~uestions ooncmrning this matter, please contac= my office a= 5a9-5330 ~etween =he hours of 8:00 A.M. an~ 4:30 P.M. Si,~ly yours, city Cler~ . KOH; (\we-form/ebon-let) ! 07/19/95 Bruce Cooper Building Official 1225 Main St. Sebastian, Fi. 32958 Dear Mr. Cooper, Flor;do Power & Light Company, 1050 S.E. Brandon Cir., Port SI. Lucie. FL 34952 I received a request for release of easement from Jim Abelson, the attorney representing the estate of Fred L. Hubert. The easement in question is a platted utility easement within the city of Sebastian. Specifically, the south five feet of Lot 2 Block 74, in Unit 2 of Sebastian Highlands, as recorded in Plat Book 5, Page 34 of the Public Record of Indian River County. Florida Power & Light Co. does have facilities located within this easement and can not agree to release the entire easement. However, the location of the facilities have been surveyed and it would appear that a portion of the easement could be released to accommodate the encroachment problem and still cover the FPL equipment. Please find the enclosed exhibit depicting the portion of the easement which FPL agrees to release to satisfy the request. FPL would therefore not object to the release of only that portion as shown. If you have further questions, please call me at 337-7038. Thank You, Gary N. Peterson SeniOr Designer Flerida Power & Light Co. 1050 S.E. Brandon Circle Pore St. Lucie, Fi. 34952 GNP/gnp · ~n ~:PL Group c~,mpany I..r,1 s O0'-O0'-O0"E 90,00' MARK STREET Z ~ t-O m ~c~ ~og~o oo RESOLUTION NO. R-95-44 A RESOLUTION OF THE CITY OF SEBASTIAN, UNDiAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING A PORTION OF THE EASEMENT LOCATED iN THE SOUTH FIVE FEET OF LOT 2, BLOCK 74, SEBASTIAN mGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED iN PBI 5-34, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; PROVIDiNG FOR RECORDiNG; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: ~ VACATION OF EASEMENT. The City of Sebastian, Indian River County, Florida, does herewith vacate, abolish, abandon and discontinue all that portion of its easement upon which the building shown on the attached survey encroaches. The City retains all other portions of the easement. Section 2. REPEAL. hereby repealed. All resolutions or parts of resolutions in conflict herewith are Section 3. RECORDiNG. This resolution shall be recorded in the public records of Indian River County, Florida. ~ EFFECTIVE DATE. This resolution shall be in full force and effect immediately upon execution of a maintenance agreement by both owners of the property. The foregoing Resolution was moved for adoption The motion was seconded by Councilmember being put to a vote, the vote was as follows: by Council.member and, upon Mayor Arthur L. Firtion Vice Mayor Carolyn Corem Councilmember Louise R. Cartwright Councilmember Norma J. Damp Councilmember Raymond W. Halloran The foregoing Resolution was duly passed and adopted by the City Council of Sebastian, Flor/da, this day of ,19 . CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O~-Ialloran, CMC/AAE City Clerk (SEAL) STATE OF FLOK1DA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgments, personally appeared Arthur L. Firtion and Kathrvn M. O~alloran known to me to be Mayor and City Clerk respectively, and neither of them took an oath. WITNESS my hand and seal in Indian River County, Florida, the __ day of ,1995. Linda M. Galley NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: Approved as to Form and Content: Clit'ton A. McClelland, Jr., City Attorney City of Sebastian 1225 MAIN STREET : SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Craven Thomspon Work Tasks Approval For Submittal By: City Manager % AGENDA NO. Dept. Origin: City Manager Date Submitted:08/01/95 For Agenda Of: 08/09/95 Exhibits: -Scope Description & Fee Basis -Supplemental Agreement #1, #2, #3, & #4 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The consulting engineer work task assignments require City Council approval. The attached schedule reflects the initial work tasks recommended for Craven Thompson & Associates, Inc., who were selected by the City Council for stormwater management systems (SWMS). Supplemental Agreement a. Number 1: Evaluation of Easement Vacating Requests Cost: $1500 b. Number 2: Survey of Existing Elkcam Dam and surrounding area Cost: $5000 c. Number 3: Soil borings for analysis of existing dam structure Cost: $ 660 d. Number 4: Preliminary engineering analysis and recommendation for temporary modification to the Elkcam Dam Cost: $ 8500 Total Costs For All Four Tasks? Not To Exceed: $15660 RECOMMENDATION Authorize the Consulting Engineering fzrrn to proceed with work task assignments as outlined with Supplemental Agreements # 1 thru #4, for an amount not to exceed a total of $15,660. ...... 'ginai July 31, 1995 Supplemental Agreement No. 1 "FURTHER DESCRIPTION OF PROFESSIONAL SERVICES AND RELATED MATTERS" Reference is made to the oress~onal Services Agreement" dated June 16, 1995. PROJECT NAME: STORMWATER MANAGEMENT SYSTEM (SWMS) SCOPE OF WORK: Evaluation 0fE.asement Vacation Request .and 0.ther .miscellaneou.~ tasks, including: Upon request by City, provide evaluation and recommendation with regard to periodic requests for City to vacate drainage easements or right of way Upon request by City, provide other miscellaneous professional services related to Stormwater Management PROFESSIONAL FEE: The fees for the herein described services shall be based on Attachment #2 to the Contract, and shall not exceed the following amount without prior written approval by City. Hourly Rate Basis, not to exceed per month $1,500.00 Each billing for such services shall describe the nature of the service rendered, the date requested, date services performed. Supplemental Agreement No. I , (continued): July 31, 1995 Unless specified otherwise elsewhere herein, CONSULTANT shall provide to CITY: -five copies of all plans, reports, letters, and other documents; -two copies of photographs or one set of reproducible photo negatives -one copy of digital data or computer disks Additional prints, copies, etc. as may be required by CITY or permitting agencies will be billed to CITY by CONSULTANT at CONSULTANT's direct cost + ten percent for handling costs. IN WITNESS WI-I~REOF, the parties hereto have made and executed this Agreement as of the day and year first whtten above. CITY: TIlE CITY OF SEBASTIAN By:_ Name: Joel L. Koford Title: City Manager CONSULTANT: ~~~Ttt,.O~ ASSOCIATES, I~C. N~V. Hill, P.E. Title: Vice President Address for giving nouces: 1225 Main Street Sebastian. Florida 32958 Address for giving notices: 2770 Indian River Boulevard, Suite 301 Veto Beach, Florida 32958 Supplemental Agreement No. 3 Original July 31, 1995 "FURTI~R DESCRIPTION OF PROFESSIONAL SERVICES AND RELATED MATTERS" Reference is made to the "Professional Services Agreement" dated June 16, 1995. PROJECT NAME: Elkcam Dam Replacement SCOPE OF WORK: Soil Borings for Analysis of Existine Dam Structure (evaluation of existing earthen dam for structural safety), including: Perform three standard penetration borings to a depth of 25 feet and provide standard soil boring report This work to be prepared by Empire Engineering & Testing, Inc. under the direction of Frank W. Farley, P.E., in accordance with Chapter 471, Florida Statutes. PROFESSIONAL FEE: Lump Sum Fixed Fee Amount, including subconsultant's borings $660.00 Unless specified otherwise elsewhere herein, CONSULTANT shall provide to CITY: -five copies of all plans, reports, letters, and other documents; -two copies of photographs or one set of reproducible photo negatives -one copy of digital data or computer disks Additional prints, copies, etc. as may be required by CITY or permitting agencies will be billed to CITY by CONSULTANT at CONSULTANT's direct cost + ten percent for handling costs. July 31, 1995 Supplemental Agreement No.3 (continued) IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first written above, CITY: CONSULTANT: THE CITY OF SEBASTIAN By: Name: Joel L. Koford Tkle: City Manager CRAVEN THOMPSON & ASSOCIATES, INC. rrk!e.z-4Zice President Address for giving nouces: Address for giving notices: 1225 Main Street 2770 Indian River Boulevard, Suite 301 SebaSUan. Florida 32958 Veto Beach, Florida 32958 Origin i July 31 1995 Supplemental Agreement No. 4 "FURTHER DESCRIPTION OF PROFESSIONAL SERVICES AND RELATED MATTERS" Reference is made to the "Professional Services Agreement" dated June 16, 1995. PROJECT NAME: Elkcam Dam Replacement SCOPE OF WORK: Preliminau Engineerin~ A.nalvsis and Recommendation for Temoorary Modifications to Dam (pending determination of EPA funding for replacement), including: Perform review survey and soil borings, site inspections, interviews with City personnel, review permitting status and requirements, and gather other appropriate base data for Preliminary Engineering Analysis. Prepare preliminary drainage basin analysis using available existing topographic mapping (USGS, 1:24000) and aerial imagery (IRCo, 1:2400) to project preliminary storm flows in various storm events, including 2, 10, 25 and 100 year reoccurrence for one and three day duration storm events Evaluate existing dam for structural integrity and ability to handle storm events based on current build-out of drainage area. Prepare recommendations and preliminary cost estimates for repairs and modifications (if this is a workable option) for dam, including cost-benefit analysis of making repairs in anticipation of grant funding for construction of a fully adjustable, permanent control structure. Prepare recommendations and preliminary cost estimates for suitable alternatives for the design and construction of a fully adjustable, permanent control structure to be buik in the correct location with abutments on City owned land. (Note: final design and construction plans will be subject of a separate Supplemental Agreement based on the selected design, availability of grant funds, and other factors as approved by City). Note: at any point during this analysis and investigation, it is determined that modifications to the existing dam are not feasible for safety or economic considerations, the analysts work will be terminated and the CITY so advised PROFESSIONAL FEE: The fees for the herein described services shall be based on Attachment #2 to the Contract, and shall not exceed the following amount without prior written approval by City. Hourly Rate Basis, not to exceed $8,500.00 Supplemental Agreement No.4, (continued): July 31, 1995 Unless specified otherwise elsewhere herein, CONSULTANT shall provide to CITY: -five copies of all plans, reports, letters, and other documents; -two copies of photographs or one set of reproducible photo negatives -one copy of digital data or computer disks Addkional prints, copies, etc. as may be required by CITY or permitting agencies will be billed to CITY by CONSULTANT at CONSULTANT's direct cost + ten percent for handling costs. iN WITNESS W'H~REOF, the parties hereto have made and executed this Agreement as of the day and year first written above. CITY: TI~ CITY OF SEBASTIAN By: Name: Joel L. Koford Title: City Manager CONSULTANT: Address for giving notices: 1225 Mmn Street Sebastian, Florida 32958 Address for giving notices: 2770 Indian River Boulevard, Suite 301 Veto Beach, Florida 32958 City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Masteller & Moler, Inc. Supplemental Agreements Approval For Submittal By: City Manager )~/~ AGENDA NO. q~.. Oq~5 Dept. Origin: City Manager Date Submitted:08/O1/95 For Agenda Of: 08/09/95 Exhibits: -Supplemental Agreement #1, #2, #3, #4 and #5 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY The Professional Service Agreement dated July 12, 1995, for "General Engineering Services" requires City Council approval for all supplemental agreements. The attached reflect the work task assignments for the current fiscal year. Supplemental Agreement: a. Number 1. Wave Street and George Street Intersection Not To Exceed: $ 5,000 b. Number 2. Ordinance Review Services for the Land Development Code Not To Exceed: $ 5,000 c. Number 3. Proposed Louisiana Avenue Reconstruction and SR 512 "Twin Pairs" design. Not To Exceed: $ 5,000 d. Number 4. e. Number 5. Schumann Drive Ordinance Project for Bids Not To Exceed: $ 5,000 General Engineering Services Re: Public Works, Commumty & Planning & Zoning Not To Exceed: $ 25,000 Total Costs for all five tasks not to exceed: $ 45,000 RECOMMENDATION Authorize Masteller & Moler, Inc., to proceed with work task assignments as outlined with Supplemental Agreements #1 thru #5, for an mount not to exceed a total of $45,000. July lg, 1995 SLrPPI. IgM]gNTAL AGKEEM2ENT #1 DESCRIP~ON OF BASIC ENGINEERJ2qG SERVICES Keference is made to the '~Professional Services Agreement" dated July 12, 1995. PROJECT NAME: Wave Street and George Street Intersection SCOPE OF WORK: l~esearch and ~Evaluate Wave Street and George Street Kepon of findings and recommendation(s) intersection and Prepare brief Letter NOT TO EXCEED $5,000.00 12q W2WNESS WHEKEOF, the parties hereto have made and executed this Agreement as of the day and year first written above. OWNER: TIS[E. CITY OF SEBASIIAN By: Name: Joel L. Koford Title: City Manager ENGINEER: M~STELI.~R & MOLER, INC. By: Name: Earl 1::I. Masteller, Title: President Address for giving notices: 1225 Main Street Sebastiar~ Florida 32958 Address for giving notices: 1623 N. U.S. Highway #1, Suite B-2 Sebastian, Florida 32958 (9505HA_doc) August 4, 1995 SUPPLEMENTAL AGREE1M[ENT #2 "FUII2]-IER DESCtLtPTION OF BASIC ENGINEEKI2qG SERVICES AND RELATED MATTERS" 1Keference is made to the "Professional Services Agreement" dated July 12, 1995. PROJECT NAME: Proposal for Ordinance Review Services Land Development Code Based on our involvement in the review of City Ske Plans, Subdivision Layout and Design and Plats, we have encountered many sections which would benefit the City by updating to be consistent with other local municipalities and state regulations. Our scope of services in reviewing the individual ordinance section would consist of the following. SCOPE OF WORK: Task f - General_Review - Our initial review would be to identify sections of the ordinance which could benefit by the updating process. A list of potential section updates would then be submitted to the City for review and consideration. Task II- Ordinance Update - Once established by the City that a section of the code is appropriate for updating, we will immediately begin amending the Ordinance. The actual ordinance amends will be accomplished using other local municipal ordinance(s) as guidelines as well as our professional opinion. The draft ordinance(s) will then be presented to the City for review and the City Attorney for comment. It is assumed that the City of Sebastian citizens will be notified that Ordinance sections are under review and that public hearing(s) will be held. Our office can assist in this public hearing process if you desire. PROJECT SCHEDULE Once authorized to proceed with the outlined review services, our office will begin the "general" review of the individual sections. This initial review should be completed with a two to three week period. We estimate that indiv/dual section updates can be performed by our office over a two to four week timeframe. Supplemental Agreement #2 Page 2 August 4,1995 ENGINEERING FEE: To be based on Attachment III of "Professional Services Agreement" which lists hourly billing rates with a Not to Exceed amount 0£$5,000.00. IN wITNEss WHEREOF, the parties hereto have made and executed tiffs Agreement as of the day and year first written above. OWNER: THE CITY OF SEBASTIAN By: Name: J0el L. Koford Title: City Manager ENGINEER.: MASTELLER & MOLER, INC. By:~_~'~~~_~ Name: Earl I-I. Masteller, ?.E. Title: President Address for giving notices: 1225 Main Street Sebastian, Florida 32958 Address for giving notices: 1623 N. U.S. I-Iighway #1, Suite B-2 Sebastian, Florida 32958 (9505HB.doc) August 4, 1995 "FURTHER MATTEKS" SUPPLEMENTAL AGi~EM~NT #3 DESCRIPTION OF BASIC ENGINEEKING SEKVICES Reference is made to the "Professional Services Agreement" dated July 12, 1995. PROJECT NAME: Proposed Louisiana Avenue Reconstruction / 512 Twin Pairs Design SCOPE OF WORK: Review proposed Louisiana Avenue reconstruction plans and coordinate with the County the design of CR 512 Twin Pairs project to maximize circulation and drainage benefits to the City including investigation of drainage at Orange Heights area. ENGigq'EEKI2qG FEE: To be based on Attachment 1-II of "Professional Services Agreement" which lists hourly billing rates with a Not to Exceed amount of $5,000.00. IN V~rlTNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first written above. OWNER: TIlE CITY OF SEBASTIAN By: ENGIINEER: MASTELLER & 1M[OLEtL iNC. Name: Joel L, Koford Name: Earl H. Masteller, P.E. Title: City Manager Title: President Address for giving notices: 1225 Main Street Sebastian, Florida 32958 Address for giving notices: 1623 N. U.S. Highway #1, Suite B-2 Sebastian, Florida 32958 (9505HC.doc) August 4, 199~ "FURTHER MATTERS" SUPPLEMENTAL AGREEMENT #4 DESCRIPTION OF BASIC ENGINEERING SERVICES Reference is made to the "Professional Services Agreement" dated July 12, t995. RELATED PROJECT NAM_E: Prepare Schumann Drive Drainage Project for Bids SCOPE OF WORK: Review/Revise and Amend Schumann Drive Specifications and Contract Documents prepared by others to assure consistency with our design plans. Finalize specifications, form of proposal and contract documents in order that they are ready for bid. Prepare and submit Engineer's Cost Estimate for project. ENGINEERING FEE: To be based on Attachment 121I of "Professional Services Agreement" which lists hourly billing rates with a Not to Exceed amount of $5,000.00. IN WITNESS WI-tE~OF, the parties hereto have made and executed this Agreement as of the day and year first written above. OWNER: TIlE CITY OF SEBASTIAN By: Name: Joel L. Koford ENGINEER: MASTELLER & MOLER, INC. Name: Earl t-I. Masteller, P.E. Title: City Manager Title: President Address for giving notices: 1225 Main Street Sebastian, Florida 32958 Address for giving notices: 1623 N. U.S. Highway #1, Suite B-2 Sebastian, Florida 32958 (9505HD.doc) "FLIRTlq~R MATTEKS" August 4, 1995 SUPPLEIVlENTAL AGREEMENT #5 DESCKIPTION OF BASIC ENGINEEKING SERVICES A_ND Reference is made to the "Professional Services Agreement" dated July 12, 1995. ~LA~D PROJECT NAME: Public Works, Community Development, Planning/Zoning SCOPE OF WORK: Provide general engineering services regarding the Public Works, Community Development and Planning/Zoning items. ENGINEERING FEE: To be based on Attachment III of "Professional Services Agreement" which lists hourly billing rates with a Not to Exceed amount of $25,000.00. IN WiTNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first written above. OWNER: TIlE CITY OF SEBASTIAN By: Name: Joel L. Koford Title: City Manager ENGI2VEER: MXS .I E t & I C. Name: Earl H. Masteller, ?.E. Title: President Address for giving notices: 1225 Main Street Sebastian, Florida 32958 Address for giving notices: 1623 N. U.S. I--lJghway #1, Suite I3-2 Sebastian, Florida 32958 (950514E.doc) City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 --~~ 6~~:~~ ~ TELEPHONE (407) 589-5330 [] FAX (407) SUBJECT: REQUEST FOR SITE PLAN TIME EXTENSION FOR MR. RICHARD FEY Approval for Submittal By: City Manager Agenda Number: Dept. origin: Community Development Date Submitted: For Agenda Of: Exhibits: 7/27/95 (BC~ 8/9/95 1. Letter dated 7/14/95 from Richard Fey 2. Letter dated 7/21/95 from Richard Fey EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of July 21, 1994, the Planning and Zoning Commission approved a site plan for Mr. Richard Fey to construct a restaurant. Along with the restaurant, the site plan depicts a total of 42 parking stalls, which would allow a maximum seating capacity of 84 seats with the existing marina dock. The proposed site plan also indicates new landscaping in accordance with the Land Development Code. Section 20A-!0.5 states, "Whenever site approval shall have been granted, it shall not be considered to run with the land. The site plan approval shall terminate twelve (12) months thereafter, if construction has not been started as evidenced by the pouring of footings by said termination date. Extensions may be made by the city council at its discretion. In the event the property receiving site plan approval shall be sold, transferred, leased, of the ownership thereof changes in any way whatsoever, the site approval may be transferable upon approval by the planning and zoning with no additional time prior to required commencement of construction." Agenda Cover Sheet Site Plan Extension Page Two On July 18, 1995, I received a letter from Mr. Fey requesting information regarding permits to construct parking, retention and landscaping for the Channel 68 property. I requested additional information from Mr. Fey to determine if this work was in accordance with an approved site plan. On July 21, 1995 an employee of Mr. Fey came in with the approved site from July 21, 1994 indicating that their work would be in accordance with this plan. Although Mr. Fey was ready to start construction of the site improvements on July 21, 1995, the site plan expired midnight July 21, 1995 due to the lack of construction of the structure (pouring of footings). RECOMMENDED ACTION Review and determine appropriate action regarding Mr. Fey's request. , i~£., , ~,~.,-_.~ .. ~.~ ,~ X~, ' ,~,.-~,, C~ 68 ~~, Inc. "~:'~" .'"'" · ,~,,, ,C)~ , .~ : P.O. B~ 0936 x~.,'~ .....-,-... Rose~ ~ 32957 ~~,~.>~" (407)589-2628 1225 I ~ re~ tnfo~ revardtn9 albion for perou~ I for the propertg ~ at 806 Indto~ Rt~,r Dr., Seimseto~ knmun as Chemnel 68 M~u~at~ I will ~ doing the followt~ site u, ork to the l~U'ktng m'e~c CHAN2VEL 68 MARINA, Inc. P.O. Box 0936 Roseland, FL 32957 Ctt~ Of Sebastian 1225 Main St. Sebastian, FL 32958 I am req~ a time wcten, stan of sir. monttts from ~ approved on 7/21/94, l~ursuant to Land Development Code I Chapt~ lo. gruding and !o_,,,.~~ of the zd2e., and md~vluenf, ly, urlthtn a few ~ monthz, the eo~n of the butld~. i.feel ~ha~ the greu~ng and landscape umrk tn the parking area ~ be an usset ~o the planned ~n of the ~ j~ont Thank You~ I Rtehurd Fey, .Pre~