Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
08281996
I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX(407) 589-5570 AGENDA SEBASTIAN CITY COUNCII. WORKSHOP WEDNESDAY, AUGUST 28, 1996 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a workshop, unless provided in the meeting call (in accordance with R-95-33) 1, CALL TO ORDER 96.125 ROLL CALL WORKSHOP ITEMS A. Review Proposed Open Burning Ordinance (City Attorney Memo 8/20/96 w/3 Samples Attached Previously Distributed) ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECIS£ONMADE BI' THE CITY COUNCIL WiTH RESPECT TO ANT MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (256.0]05F. S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANTONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 28, 1996 7:00 P.M. OR SOON THEREAFTER CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAINSTREET, SEBAST~, 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 sbeet provided prior to the meeting - limit often minutes per speaker ~-95-33) 1. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL AGENDA MODrFICATrONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (t~-95-33) PROCLAMATIONS AND/OR ANNOUNCEMENTS 96176 96.177 Presentation of Plaque - George Metcalf- Code Enforcement Board - 8/90 through 8/96 Presentation of Certificates - Girls District 17 Softball Championship 961264 1-11 96.126B 13-17 PUBLIC gEARING. FINAL ACTION Procedures for pubBc hearings: (tt-95-33) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution Staff Presentation · Public Input - Limit of 10 Minutes Per Speaker · Staff Summation · Mayor Closes Hearing · Council 4clJon 4nyone Wishing to Speak is Asked to Sign Up Prior to, the Meeting, When Called go to the Podium and State His/Her Name for the Record Ordinance No. 0-96-14 - Standard Codes of Southern Building Code Con_mess International. Inc. and National Fire Protection Association as Revised (Communjw Development Transmittal 8/19/96_Revised O:96-14) ORDINANCE NO~._0,96-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 26 OF TH3E CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "BUILDINGS AND BUILDING REGULATIONS" BY ADOPTING AND AMENDING CERTAIN STANDARD CODES OF THE SOUTHERN BLriLDING CODE CONGRESS INTERNATIONAL, INC. AND OF THE NATIONAL FIRE PROTECTION ASSOCIATION; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVEKABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading and Revised 7/24/96, Advertised Legal 8/14/96, PH and Final Adoption 8/28/96) Ordinance No~ O-96-15 - Fire Prevention and Protection - Standard Fire Protection and Life Safety Codes (Communi .ty Development Transmittal 8[19/96. O-96-15) ORDINANCE NO. O-96-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 42 OF ~ CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "FIRE PREVENTION AND PROTECTION" BY SUBSTITUTING LATER EDITIONS OF THE FIRE PROTECTION CODE OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. AND THE L]Y~E SAFETY CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION FOR THE EDITIONS PREVIOUSLY ADOPTED BY THE CITY COUNCIL; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 7/24/96, Advertised Legal 8/14/96, PH and Final Adoption 8/28/96) 2 ]9-52 96.178/ 95. 061 53-54 96. ] 79 55-56 96.180 57-59 96.181 61-63 96.182 65-69 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; m which event, the item will be removed and acted upon separately. Approval of Minutes- 8/8/96 Special Meeting, 8/8/96 Workshop - Stormwater, 8/12/96 Workshop - Cable Public Forum, 8/14/96 Regular Meeting Approve City Clerk Copier Lease Upgrade - Mita DC 5590 - EGP, Inc. - Continue to "Piggyback" Indian River County School Board Contract and Current Lease Amount of $363.06 Per Month (City Clerk Transmittal 8/19/96, EGP Letter 8/14/96) Reject Bid for On-Site Sewage Disposal System for Barber Street Sports Complex South for Redesign (Public Works Director Transmittal 8/21/96, Bid Summary and Tabulation Sheet, Bid and Contract Documents on File in City Clerks Office) Award Bid for Public Works - Two Flair Axe Brush Cutters - Pippin Tractor and Equipment, Inc. of Ft. Pierce - $9,176 (Public Works Director Transmittal 8/21/96, Bid Summary and Tabulation Sheet, Bid and Contract Documents on File in City Clerks Office) Eo Appropriate Additional $2,729.50 from Cemetery Trust Fund to Fund Balance of Contract Amount for Construction of Cemetery Irrigation Shed and Award Bid/Contract to Capp Custom Homes of Sebastian - $8,729.50 (Public Works Director Transmittal 8/21/96, Bid Summary and Tabulation Sheet, Bid and Contract Documents on File in City Clerks Office) Appropriate Additional $3,609 from General Fund Non-Departmental Reserves to Fund Balance of Contract Amount for City Council Chambers PRoof Replacement and Removal of Urmecessary Appurtenances - Aivard Bid/Contract to Bid Lake Roofing, Inc. of Okeechobee - $13,609 - Contract Time 12 Consecutive Calendar Days (Public Works Director Transmittal 8/21/96, Bid Summary and Tabulation Sheet, Big Lake Bid, Bid and Contract Documents on File in City Clerks Office) 96.183 7]-.80 96.184 81-91 96.185 93-104 Adopt Resolution No. R-96-58 - Vacation of Easement - Lot 13_ Block 180_ Sebastian Highlands Unit 8 (Ciw Clerk Transmittal 8/22/9& R,~6-58~ Application. Survey. Letters of No Objection) RESOLUTIONNOL R-96-58 A RESOLUTION OF TI-IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATiNG, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTH SIX FEET LESS TIlE WEST TEN FEET TI-IEI~OF, OF LOT 13, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 180, SEBASTIAN HIGI-tLANDS UNIT 8, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-13, 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. Adam Resolution No. R-96~59 - Vacation of Easement - Lots 22 & 23. Block 288, Sebastian Highlands Unit 10 (City Clerk Transmittal 8/22/96. R-96-59. Application. Survey. Letters of No Objectiori) RESOLI_rTION NO. R-96-59 A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISH/NG, ABANDONING AND DISCONTINUING THE NORTHWEST 4.6 FEET OF THE SOUTHEAST 20 FOOT REAR PUBLIC UTILITY AND DRAI2qAGE EASEMENT, LESS THE NORTHEAST SIX FEET AND THE SOUTHWEST SIX FEET THEREOF OF LOTS 22 AND 23, BLOCK 288, SEBASTIAN FIIGI-~ANDS UNIT 10, ACCORDING TO THE PLAT TI-tEREOF, RECORDED IN PBI 6-37F, PUBLIC RECORDS OF IND~ R/VER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Adopt Resolution No. R-96,60 - Vacation of Easement - Lot 12. Block 580. Sebastian Hi, ands Unit 17 (Ci~ Clerk Transmittal 8/22/96. R-96-60. Application w/Attachments. Survey. Letters of No Obieetion~ RESOLLITION NO L R-96-60 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH .6 FEET OF THE SOUTH SIX FOOT SIDE YAR2D PUBLIC UTILITY AND DRAINAGE EASEMENT, LESS THE WEST 20 FEET THEREOF, OF LOT 12, BLOCK 580, SEBASTIAN HIGHI, ANDS UNIT 17, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBi 8-46, 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. 96.186 105-114 10. 11. 96.032/ 95.041 115-118 12. 96131 119-124 96.025 125-134 Adopt Resolution No. R-96-61 - Vacation ofl::.anement - Lots 1.2.3 and 4. First Addition to the City of Sebastian (City_ Clerk Transmittal 8/22/96. R-96-60. Application. Survey. Letters of No Obi~ection) RESOLUTION NO. R-96-61 A RESOLUTION OF TI-tE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATENG, ABOLISHING, ABANDONING AND DISCONTEqUING THE WEST FIVE FOOT EASEMENT OF LOT 1, THE EAST FIVE FOOT EASEMENT OF LOT 2, THE EAST FIVE FOOT EASEMENT OF LOT 3, AND Ti-IE WEST FIVE FOOT EASEMENT OF LOT 4,:THE FIRST ADDITION TO TI-IE CITY OF SEBASTIAN, ACCORDING TO THE PLAT TI-IEREOF, RECORDED IN PBI 2-70, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT I--IE~WITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. PRESENTATIONS - None COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS Bid/Contract Award - Airport Runway 4-22 Reconstruction Project - Martin Paving Company - Base Bid Plus Alternate A - $401,836.00 (City Manager Transmittal 8/22/96, Greiner Recommendation, FDOT Letter 8/22/96, Bid Tabulation Sheet, Bid and Contract Documents on File in City Clerk's Office) NEW BUSINESS Establish City Council Travel Expense Policy - Requested by Vice Mayor Barnes (Sec. 2-34 Code of Ordinances, City Maiaager Memo 8/7/96 w/Attached Employee Travel Expense Policy) Approve Change Order No. 1 - C.R. McLellan - LakefWimbrow Outfall Emergency Repair (City Manager Memo 8/22/96, Hill Letter 8/21/96, Change Order Unit Price Analysis, Change Order No. 1 and Acknowledgment, Maps) 96.187 C. 135-139 96.188/ D. 94.143 141-148 &Maps 96189 E. 149-154 Adopt Resolution No. R-96-62 - Establishing List of Trades Which Are Tested ancot Licensed in the CiW of Sebastian (Community Development Transmittal...$/21/96, RESOLUTION NO. R.-.9..6-62 A RESOLUTION OF THIE CITY OF SEBASTIAN, FLOR.IDA, PROVIDING THAT THE CONSTRUCTION LICENSING BOARD SHALL ESTABLISH A LIST OF TRADES TESTED AND/OR LICENSED AND APPROVED; ESTABLISHING THE MANNER IN WHICH SUCH LIST SHALL BE CREATED; APPROVING A LIST OF TRADES TESTED AND/OK LICENSED; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT I-IEREWlTH; PROVIDING FOR SEVEKABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Adopt Resolution NoJ R-96-63 - Conceptual Design for Walk-way - East Side of Indian River Drive- Authorize Staff to Submit to FDOT (Community_ Development Transmittal 8/21/96. R-96-63. Report Maps) RESOLUTION NO. R-96-63 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR3[DA, SUPPORTING A CONCEPTUAL DESIGN FOR A WALKWAY LOCATED EAST OF INDIAN RIVER DRIVE, AUTHORIZING ~ CITY MANAGER TO SUBMIT THE CONCEPTUAL DESIGN TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT t-IEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt Resolution No. R-96-64 - AuthorizeMayor to Si~m~ and Submit Historical Grant Application (Community Deveionment Transmittal 8/21/96. R,96,64. Solin Memo) RESOLUTION NO. R-96-64 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, · FLOR/DA, SUPPORTI2qG AN APPLICATION FOR A HISTORICAL RESOU'IkCES GRANT-IN-AID, AUTHORIZING THE MAYOR TO SIGN A CIVIL RIGHTS ASSURANCE OF COMPLIANCE, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT THE GRAN'r-IN-AID APPLICATION, AND PROVIDING FOR REPEAL-OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABII, ITY; AND PROVIDING FOR AN EFFECTIVE DATE. I I I96.110 155-!59 i I I I J61-163 I i I I 96.190/ 95. 029 IJ65-.[ 70 I I I I I First Reading Ordinance No. 0-96-22 - Establishing Special Revenue Fund for Community Develonment Block Grant (CDBG'} - Set Public Heating for 9/25/96 .(Finance Director Transmittal 8/22/96. 0-96-22) ORDINANCE NO. O-96-22 AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING AND ESTABLISHING A SPECIAL REVENUE FUND FOR THE COMMUNITY DEVELOPME~ BLOCK GRANT CDBG AND ADOPTING A CDBG BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996; DETERMINiNG.AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE ACTIVITIES OF THE PROGRAM AND ESTIMATING RECEiPTS FOR THE FISCAL YEAR; PROVIDING FOR SEVEKABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. First Readine Ordinance No. 0-96-23 - Establishing a Debt Service Fund for Riverfront Waterline Assessment - Set Public Hearing for 9/25/96 (Finance Director Transmittal 8/22/96. O,96-23) ORDINANCE NO. O-96-23 AN ORDINANCE OF THE CiTY COUNCI~L OF TI~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ESTABLISHING AN AGENCY FUND FOR THE KIVEKFRONT WATERLINE ASSESSMENT PROGRAM; PROVIDING FOR SEVERABIJ.,ITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading Ordinance No. O,96-24 - Parking in Residential Districts - Set Public Hoaring for 9/25/96 (..Community_ Development Transmittal 8/21/96. 0-96-24) ORDINANCE NO. O-96-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, P,.ESTKICTING PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING DEFINITIONS, SETTING PENALTiES FOR VIOLATIONS, PROVIDING FOR METHODS FOR EIqFORCEMENT, PROVIDING FOR SEVEKABII.ITY, PROVIDING FOR COD~ICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 96.191 171-175 96192/ 95.145 177-184 96.141 185-188 13. First Reading Ordinance No. 0-96,25 Mini Storage Facilities in PUD-C ,(Planned Unit Develonment - CommereiaB .and IN (Industrial) ~ Set Two Public Hearings for 9/1.1/96 and 9/25/96 (Community Development Transmittal 8/19/96. 0-96-25) ORDINANCE NO. O-96-25 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PERMITTED LAND USE IN COMMERCIAL PLANNED UNIT DEVELOPMENT, PERMITTED LAND USE IN THE INDUSTRIAL DISTRICT, PROVIDING FOR A DEFINITION OF MINI-STORAGE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVER.ABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading Ordinance No. 0-96,26 - Fences and Barbed Wire - Set Public Heating for 9/25/96 (Community_ Development Transmittal 8/19/961 0,96-26) ORDINANCE NO, O~96-26 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING HEIGI~ OF FENCES AND WALLS, TEMPORARY CONSTRUCTION FENCES, TYPES OF FENCES, PROHIBITED FENCES AND WALLS, AND BARBED WIRE FENCES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVEDING FOR SEVEKABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading Ordinance.No. O-96~27 - Tree Advisory_ Board Alternate Member~ - 5¢[ Public Hearing for 9/25/96 (Community_ Development Transmittal 8/19/96. 0-96,26) OPdSINANCE NOl 006-27 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE PROVIDING FOR ALTERNATES ON THE TREE ADVISORY BOARD; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC IJ'~hich is not otherwise on the agenda - limit often minutes for each speaker 14. CITY B. C. D. E. Mrs. Norma Damv Mr. Ra~vmond Halloran Mr. Richard Taracka Mayor Louise Cartwright Vice Mav0r Walter Barnes 15. CITY ATTORNEY MATTERS 16. CITY ,MANAGER MATTERS 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY' NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (2.86. O105 F.S.) IN COMPLIANCE WITH THE AMERiCANS WITH DISABILITIES ACT (ADA), ~VYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming City Council Meetings: ~Vorkshop - Public Forum - Cable Special Meeting - Quasi-Judicial Hearings Special Meeting - Ist Budget Hearing Regular Meeting Special Meeting - 2nd Budget Hearing Regular Meeting - Thursday, August 29, 1996 ~ 7:00 p.m. - Thursday, September 5, 1996 ~ 7:00p. m. . Friday, September 6, 1996 ~ 7:00p. m. - Wednesday, September 11, 1996 ~ 7:00p. m. - Wednesday, September 18, 1998 ~ 7:00p. m. - Wednesday, September 25, ]996 ~ 7:00p. m. Beginning October 1st, Regular and Special Meetings will begin at 6:00p. m. unless preceded by a 6:00 p.m. Workshop, in which case they will begin at 7:00 p.m. 9 City of Sebastian 1225 MAiN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407)589-5330 D FAX (407)589-5570 SUBJECT: Public hearing and second reading of Ordinance 0-96-14 adopting and amending standard codes relating to inspection activities in the City Approval for Submittal By: ) ) ) ) ) ) ). ) ) ) ) Agenda Number: Dept. Origin: Community Dev. (RM) Date Submitted: - 08/19196 For agenda Of: 08/28196 Exhibits: 1. Ordinance O-96-14 EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRIATION REQUIRED: SUM-MARY STATEMENT Ordinance 0-96-14 has been prepared to update the various technical codes which are currently used by the City of Sebastian. It also includes a Standard Housing Code to review violations of existing homes that may riot be addressed in other technical codes that have already been adopted. At its regular meeting of 4/11/95, the Sebastian Construction Board recommended that City Council adopt the 1994 Standard Housing Code (published by the Southern Building Code Congress International). At its regular meeting of 5/10/95, City Council directed the City Attorney to prepare the appropriate ordinance. First reading of this ordinance was held by the City Council on July 24, 1996. Ordinance 0-96-14 has been amended to: provide for the adoption of future editions within 90 days, provide for appeals of the decisions of the Construction Board to the City Council, and correct an error on the membership of the Construction Board in the draft of the first reading. RECOMMENDED ACTION Hold a public hearing and approve Ordinance O-96-14. ~ ORDINANCE NO. 0-96-14 AN ORDINANCE OF THE CIT~ COUNCIL OF THE CITX OF SEBASTIAN, INDIAN RIVER COUNTZ, FLORIDA, AMENDING CHAPTER 26 OF THE CITX OF SEBASTIAN CODE OF ORDINANCES ENTITLED "BUILDINGS AND BUILDING REGULATIONS" BY ADOPTING AND AMENDING CERTAIN STANDARD CODES OF THE SOUTHERN BUILDING CODE CONGP~E$S INTERNATIONAL, INC. AND OF THE NATIONAL FiRE PROTECTION ASSOCIATION; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTiVE DATE.= WHEREAS, the City Council of the City of Sebastian, Florida ("City"), has adopted various standard building codes as provided by the Southern Building Code Congress International, Inc. and the National Fire Protection Association relating to buildings and building regulations ("Standard Codes"); and WHEREAS, the utilization of the Standard Codes facilitates proper inspection activities ~y the City relating to the construction and maintenance of buildings within the City, and furthers the public safety, health and general welfare of its residents; and WHEREAS, the City 'finds it desirable to continue to use the Standard Codes and to update, amend and add additional Standard Codes to Chapter 26 of the Code of Ordinances of the City ("Code"); NOW, THEREFORE, BE IT ORDAINED BY City of Sebastian, Florida, as follows: the City Council of the Section 1: Section 26-31 of the Code relating to the adoption of building codes is hereby amended as follows:~ Sec. 26-31. Technical Codes Adopted. (a) The City does hereby adopt as building codes for the city the below-listed editions of the Southern Building Code Congress International, Inc., copies of which are on file in the office of the community development department and the office of the City Clerk and which shall be accessible t° the public upon request during the normal business hours of the community development department and the City Clerk. -Such codes.,.~hich shall be re~red to aS,. ~he Standard Codes, are hereby made a part of the Code of Ordinances of the city subject only to specific additions, deletions or amendments set out herein or in the Code of Ordinances. Standard Building Code - 1994 ~9-}Edition Standard Fire Prevention Code - 1994 199} Edition Standard Gas Code - 1994 .... Edition Standard Housing Code - 1994 1991 Edition Standard Mechanical Code - ~994 ~ Edition Standard Plumbing Code - 1994 ~ Edition Standard Unsafe Building Abatem_~nt Code-1985 Edition Standard Swimming Pool Code - 1994'Edition (b) Future editions of the Standard Codes shall reviewed by the Buildina 'Official and shall presented to the Citv Council for .gon$iderat~.Qn of adoption and incorporation herein w£~h£n ninetv (90) days of publication thereof.~ (~ ~) No construction shall be done within the city limits except in accordance with the Standard Codes listed in this section, as amended ..Dnd/or ex~.~nded by and the applicable provisions of the Code. ~ however, that Sections 108.1_.Dn~ Section 108.2 oS. th~ Standard Building Code of th~......Southern Buildin~ Cod~ Con~Dss International, Inc.; Sect,.on 105.1 of the Standard Fire Prevention Code; Sections %..Q8.1 a~d 108.2 of the Standard Gas Co~e; Sections 106.1. and 106.1.2 of the Standard Housinq Code; ~.gct~gns 108.1 and 108.2 of the Standard Mechanical Code; and Sections 108.1 and 108.2 of the Standard Plumbinq Code shall not be ~Added language is underlined; deleted language is struck through. incorpD, r.a~ed....into the City Code. (d) The Construction Board established pursuant to Section 26-191 of the City of Sebastian Code of Ordinances shall provide for the final interpretation of the provisions of the Standard Codes as amended b.~rein. Section 2: Section 26-61 of the Code relating to the adoption of the National Electrical Code of the National Fire Protection Association is hereby amended as follows: Sec. 26-61. Adoption of National Electrical Code. There is hereby adopted lby reference the 199D 1996 National Electrical Code as published by the National Fire Protection Association, subject to such additions, deletions or amendments which may appear elsewhere in this article and except insofar as any such provisions of the National Electrical Code, by their nature, could have no application within the city. Section 3: Section 26-34 of the Code is hereby repealed in its entirety and a new Section 26-34 is hereby added as follows: Sec 26-34 ....... :-- -~ =--='=' .... ' ' ' ~~gs~.Unsafe Buildings: Content of Notice, Hearing and Appeal. If the bu~ding official finds that. in accordance with the Standard Unsafe Building Abatement Codei a building or structure is un~af~, aLn0tice o.~ unsafe building shall be issued to...~he owner of record of building or structure. The ~Qtice...shall .contain~ but not be limit~, to, the following information: 1. The street address and legal desqriotion of the building, structure Q~ premise. 2. A statement ..indicating the bu~din~ qr ~trucSure has been declared uns~f9 by. the buildin~ official.~ an~ a detai~ed report documenting the conditions determined to have rendered the building or structure un~afe u~der the prQvision% of the StandarG ~nsafe Buildi~ Abatement Code. 3. A statement advisin~ that., if th~. following required action as det~m~ne~ by th~ building official is Dot completed, .it will be.Drdered vacated, and poste~ to prevent furthgr occ~pa~.~¥ until the work .i.~ completDd add the building official may cause t~9 work to b~. done and.....all costs incurrgd cha~Ged against the Drop~rtv, of t~e ow~.er of record. If She building official determines that the building or str~.ctu~9 is... to...be rgpaired, the notice shall require that all...nece.ssary Dermit. s be secured and the work .commenced.. within .~0 days and continued tQ completion, within such t%~e as the building official determines. The notice shall als. Q indicate the de~ree to wh~ch..the .repairs must comply wi.%.h the...~rovisions oZ t~he Section 101.4 of the Standard Build~nG Code which h~as been adoD.$ed Sy reference into this C~apter~ If the b..uildinq official determines that the bui..!dinG or s.tructure is to be vacated the notice shall indicate the t~me within which .... vacation is.. to be If the SuildinG o~fi¢ial deSermi~es that the ~uilding or .structure is to ......... be ~olished, the not_ice shall requir~ that the pr~m~$.es be vacated within 60 dav~ that all requirgd pg~mit$...for demolition be secured and thai the demoli$ion be Q0mple~gd wiD~in such time as determined reasonable..., by the building official. The notice sh~l. state that if the demolition of the buildiDG ..Qr structure is not c0~leted within such t~m~, a heDrin~ will be ..held before the Construction Board to dete.r~..~ne..if the city will cause the building or structure to be.._~em0.%ished. The notice sha~l Give the location, time, and date of the hearinG, which date shall be nOD 1.~.ss thDn 10 d~ys no~ mor~ than 60 days after .th~ date the dem01it.ion wad reGuired to be comDlete~. The he. aring, shall be a quasi-judicial hearinq. The failure o~ a ~artv. to appear or present evidenQ.e '"shaLl cQnst~tute a waive~ of said p~rty's riqht to. a hearin~ A. st.~te~ent .advi~inq t.hat .~y ~erson having any. leqa~ ~nterest in the.property may .appeal the notice by the buildinq official to the Construction Board; an~ that such appeal sha~l be. in....yritinq in the form specifie~ by the ~ild~n~ official..and..shall be filed..with the buildin~ offi~.ial within 30 days from the date of th~ notice and ~hat ~ail.~re ~o appea~ in the ti~9 specified will const, itute ~ waiver o.f al~ ri~ts to an administrative .bearing, e~.ceDt the automatic hearin~ required prior., to .~emQ.litign as noted above. Sec. official, appointment, qualification~ and I Section 5: Section 26-33(c) of the Code relating to duties of the building official is hereby amended as follows: i 26-33. Building Department created; building duties. (C) The building official shall have authority to receive applications and issue building permits and to enforce the building code, ~ building ordinances an___~d standard codes .. adopted by ~ the city. Neither the building official nor anyone under his direction shall enter any private property without the consent of the owner. ~ ........... --- ~ ~- ~ --- ~ --authority. The .repair, vacation or demolition of unsaf9 buildkn~s or structur, es shall handled pur~ant to...the. Unsafe .BuildiDc ~atemen~ Code~ as ~ende~ herein~ Section 6: A new section of the Code, to be codified as Sec. 26-40, is hereby created by adding Section 105.1 of the Standard Unsafe Building Abatement Code, amended herein as follows: Sec,. 26-40 ConstFuction Board to Interpret Standard Codes. ~a) The .... ConstuuctiQ.n Board established .puusua~t to ~ .26-191 .of the city of. Sebastian ..Code of OrdinaDces. shall provide t~e f~nal, interoretaDion of provisions of this cod~ and o~he~. Standard Code~ ado ed 'b % e '%it . ·" .(b) Decisions of the Construction Board., pursuant., to thi~. section, ~.ay be appealed to the City .Council by filinq~ written appeal wi..~h the ..city..clerk Within ten (10) .~ays..of. the decision of the ~..ons~.ruction Board..It shall require three ~3) affirmative votes o~. th~ Cit~ Council to override the Cons~ruction..Board. lc ) ~11 references in the Standard ~ildin~ Code to the. Cons~ructi.on Board o~ Adjust~ent..$ a~d ADpeal~ sbal~ll be deemed to refer to the-Constr~tion Bo. ard..Ex~ept as ~ro~ide~.. herein',' th.e'cons~ruction BQ.ard.sha%l have ali the Dowers and dDties .... of .~he . Construction BQ.ard .... of Adjustments and ApP.eals,...All.ref.eren~es ~n the Standard Fire Prevention Code to.the..Boaud Qf Adjustments and ADDeals ..shall be deemed to uefer to the CoDstruction Board. Except ..as p_rovid~d ~ere%n, ...the Construction Board shall have all.0f ~he powers and ~uti~s of the Boar~s of.......Adjust~ents and Appeals. Ail. r~.fere~ces in the Standard Gas ~.Qde ~o t.~e Construc~ion...Board Adjustments .~nd ApReals shal% be..dee~ed to refer t,o the Construction Board. ~xce~t as Duovided here~n, .,.the Const.ructio~ Board sh~ll hav~. al~ th.e powers, a~d duties of the Construction.Board ~.f Adjustments Appeals. All references.in the Standard Hous%Dq Code.to the ~ousinq Board..of Adjustments and Appea%s shall...bc deemed to ~efer to the ~.onstruction ,Board.....Except as pro. Mided_herein, the Const.ruction ..Board shall...have ali the DoKgrs a~d duties .of the ~gusi~g $oard of Adjustments and Appea~.s. A~l references in....the Standard Mechanical Code to t~e Construction Board of Adj.ustm$.nts a~d. Appeals shall..be.~eemDd to refer ~o the Construction Board. Exce. pt ...as Rrov%ded hergin, the Construction Board sh~.ll have ~11 the ~gwers and du$ies of the Construction Board of Adjustm~nts.and....AD~als. All .~eferences in the SSandard .Plum. binq COde ~o t.he ConstructiQ~..Board .of Adjustments and Appeals shal~ be deemed to refer to the Co..nst~uction Board. .Except as provided herein,...the Construction. Board..$hall have..al~] th~.. powers and duties Qf the.., construction Board Adjustments and A~Deals. Section 7: Section 26-136 of the Code relating to swimming pools is hereby amended as follows: Sec. 26-137. Construction to conform to article. No swimming pool shall be built or constructed except in conformity with the provisions of this article an__d with the Standard Swimming Po0..1 Code adopte~..in Section 26.31 of this Code of Ordinances. Section 8: Section 26-36 of the Code relating to fire hazards is hereby amended as follows: Sec. 26-36. Refusal of pe .rmit for fire hazard No permit shall be granted for the construction or erection of any building, structure or addition thereto if such building when completed will constitute a fire hazard pursuant to the fire code adopted in section 42- 46 ~= the uniform fire standards in F.S. ch. 633 or with the Standard Fire Prevention Code adopted in Section 26.~.1 of this Code of Ordinan¢.~.S. Section 9: If any section, or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. Section 10: This Ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. If any clause, section or other part or application of this Resolution 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 el~inated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. Section 11: This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard $. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of , 1996. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Vale~ie F. Settles City Attorney City of Sebastian ]225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407)589-S330 2 FAX (407) 58%$$70 SUBJECT: Public hearing and ) second reading of Ordinance O-96-15 ) adopting and amending standard ) fire prevention code. Approval for Submittal By: ) ) ) ). City Manager ,,'~, ~J ,~)-~: ) ) ) Agenda Number: Dept. Origin: Date Submitted: For agenda Of: Exhibits: Community Dev, (RM)~' 08/!9!96 08128196 Ordinance O-96-15 EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Ordinance 0-96-15 has been prepared to updat~ the fire prevention code currently used by the City of Sebastian. First reading of this ordinance was held by the ,City Council on July 24, 1996. RECOMMENDED ACTION Hold public hearing and adopt Ordinance 0-96-15. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,.INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 42 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "FIRE PREVENTION AND PROTECTION" BY SUBSTITUTING LATER EDITIONS OF THE FIRE PROTECTION CODE OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. AND THE LIFE SAFETY CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATIO~ FOR EDITIONS PREVIOUSL m OPTE BY THE CITY COUNCIL: PROVIDING FOR REPEAL O~ INCONSISTENT PROVISIONS, PROVIDING FOR SEVERA~ILITY, PROVIDING FOR AN EFFECTIVE DATE~ - WHEREAS, the City Council of the City of Sebastian, Florida ("City"), has adopted various 'standard codes as provided by the Southern Building Code Congress International, Inc. and the National Fire Protection Association relating to buildings and building regulations ("Standard Codes"); and WHEREAS, the utilization of the Standard Codes facilitates proper inspection activities by the City relating to the construction and maintenance of buildings within the City, and furthers the public safety, health and general welfare of its residents; and WHEREAS, the City finds it desirable to continue to use the Standard Codes and to update the Standard Fire Prevention Code contained in Chapter 42 of the Code of Ordinances of the City ("Code"); NOW, THEREFORE, BE IT'ORDAINED BY the City Council of the City of Sebastian, Florida, as follows: Section 1: Section 42-46(a) of the Code relating to the adoption of a fire prevention and a life safety code is hereby amended as follows:~ Sec. 42-46. Adoption of Fire Prevention Codes. (a) There is hereby adopted by reference the Standard Fire Prevention Code, ~ 1996 edition as adopted by the Southern Building Code Congress International the National Fire Protection Association (NFPA) Pamphlet 1, 1987 edition, and the National Fire Protection Association (NFPA) 101, Life Safety Code, ~ 1994 edition, subject to only specific additions, deletions or amendments set out in the Code of ordinances, and except insofar as such provisions, by their very nature, could have no application in the city. Section 2: Section 42-47 of the Code relating to the adoption of a life safety code is hereby amended as follows: Sec. 42-47. Life Safety Code adopted. There is hereby adopted the ~ 1994 edition of the Life Safety Code, NFPA 101, as published by the National Fire Protection Association. One copy is on file in the city clerk's office. Section $: If any section or part of a section of this ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly.or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. Section 4: This Ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. If any ~Added language is underlined; deleted language is struck through. clause, section or other part or application of this Resolution 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 and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. Section $: This'Ordinance shall go into effect immediately upon. its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the City Council. The foregoing Ordinance was moved for adoption by Councilmember Councilmember vote, the vote was as follows: . The motion was seconded by and, upon being put into a Mayor Louise R. Cartwright Vice-Mayor Walter Barnes Councilmember .Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1996. CITY OF SEBASTIAN, FLORIDA By: Louise R. cartwright, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie F. Settles City Attorney City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING THURSDAY, AUGUST 8,1996 - 6:45 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORII)A ALL AGENDA ITEMS MAYBE INSPECTED IN TttE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Special Meeting unless provided for in the meeting call (in accordance with R-95-33). Public input will be taken at this Special Meeting. 1. Mayor Cartwright called the Special Meeting to order at 6:48 p.m. 2. ~ City. Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mr. Raymond Halloran Mr. Richard Taracka City Council Absent: Mrs. Norma Damp (excused) Staff.Present: City Manager, Thomas Frame Dep .Uty City Clerk, Sally Maio Information Specialist, Ann Rousseau Special City Council Meeting August 8, 1996 Page Two 3. SPECIAL MEETING ITEMS 96.162 A. RESOLUTION NO. R-96-56 - Authorize City Manager to Enter Into Grant Memorandum of Agreement - State of Florida - DMsion of Forestry (R-96-56) ! A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVEK COUNTY, FLORIDA. AUTHORIZING THE CITY MANAGF~ TO EXECUTE, ON BEHALF OF THE CITY OF SEBASTIAN, AN URBAN AND COMMUNITY FOP-dESTRY GRANT MEMORA.NDUM OF AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND Tt~ STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager gave a brief explanation of the tree grant application which has a deadline of August 12, 1996. Mayor Can-wright asked for input and there was none. MOTION by Halloran/Taracka I move to approve Resolution No. R-96-56. ROLL CALL: Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cartwright - aye - absent - aye - aye - aye MOTION CARRIED 4-0 Being no further business, Mayor Cartwright adjourned the Special Meeting at 6:50 p.m. Approved at the ...... 1996, Regular City Council Meeting. Kathryn M. O'Halloran, CMC/AAE Louise R. Cartwfight Mayor 2 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP / THURSDAY, AUGUST 8, 1996 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREETi SEBASTIAN, FLORIDA Mayor Cartwright called the Workshop to order at 7:00 p.m. Ci~ Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mr. Raymond Halloran Mr. Richard Taracka StaffPresent: City Manager, Thomas Frame Deputy City Clerk, Sally Malo Information Specialist, Ann Rousseau City Council Absent.: Mrs. Norma Damp (excused) Presentation of Stormwater Conceptual'Master Plan by John Hill. Craven Thompson & Associates. In¢, I. Slide Presentation John Hill, with the assistance of David PhilliPs, Craven Thompson & Associates, Inc, gave a slide presentation on the proposed Stormwater Conceptual Master Plan. TAPE I - SIDE II (7:44 p.m.) ii. City Council Comments/Ouestions Mr. Hill responded to questions from City Council relative to the possibility of private development of 160 acres of the subject lake area, the use of pumps in the proposed lake, berms. 2/) City Council Workshop Stormwater Plan August 8, 1996 Page Two The City Manager recommended a stormwater utility district be established before the end of the year to allow one year to bring it into operation, a stormwater advisory board be created, and funds be allocated to drainage. Mr. Hill said St. Johns River Water Management District is doing the preliminary work on funding for the acquisition of the property on the proposed stormwater park. The City Manager recommended that the city contract out for a pipe crew and allocate those city employees to ditch crews and consider contracting out fight-of-way mowing. He said he hoped to present Council with a pro-active Public Works plan. TAPE II - SIDE I (8:30 p.m.) Mayor Cartwright called recess at 8:35 p.m. and reconVened the workshop at 8:50 p.m. All members were present. She opened the floor for public input. Herbert Sturm, 549 Saunders Street, Sebastian, urged staffto enforce water flow restriction. Bill Ingui, property owner on Layport Drive, Sebastian, read a petition title into the record and submitted the petition bearing 53 signatures (see title attached). Robert Pliska, said cutting swales four times per year was insufficient. Peter Cavalo(?), 518 Saunders Street, Sebastian, reported on standing water on the north side of the CR 512 berm. John Frill said he would look into thiS. Keith Miller, 961 Riviera Avenue, Sebastian, asked whether the three man swale crew had been hired and asked what utility franchise fees were used for. Herbert Sturm said a machine that will walk the ditches is needed. Mayor Cartwright suggested and City Council concurred on the following: 1) Prepare a resolution to formally adopt the stormwater master plan 2) Look into the establishment of a stormwater utility before the end of the year with sufficient time for review 3) Establish a Public Works Plan by the end of November City Council Workshop Stormwater Plan August 8, 1996 Page T~ee Mayor Cartwright commended Mr. Hill and Mr. Phillips on their presentation. 4. Mayor Cartwright adjourned the workshop at 9:20 p.m. Approved at the ,1996, Regular City Council Meeting. Mayor City Clerk SEBASTIAN CITY COUNCIL MINUTES Public Forum Regarding Falcon Cable Monday, August 12, 1996 7:00 PM Mayor Cam~ght explained that any citizen who is not afforded the opportunity to speak at this meeting after requesting same will be named at the top of the speakers' list at the second meeting to be held 'August 29, 1996. Time limit for all speakers will be 5 minutes. The City Manager recited the purpose of the forum and the City Clerk Called the roll: ROLL CALL: Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka present present absent- excused present present Please see the attached list of the citizens who were recognized by the Mayor for their input. The Mayor stated that all areas of concern that were brought before the Council this evening would be prioritized, and seriously considered when negotiations were discussed relating to the cable franchise renewal. The City Manager spoke to the length of the franchise. The public hearing was closed at 7:35 p.m. Each member of Council briefly spoke to the subject of cable, and Each member of Council briefly spoke to the subject of cable, and Council Member Taraka read an excerpt of a letter received by him from Mary Ann Shaw, 106 Empire Terrace pertaining to cable t.v.. TAPE ONE - SIDE TWO Mayor Cartwright asked for a show of hands on various questions she presented. The Mayor then recognized Kenneth Vickers, President of Falcon Cable provider for Sebastian. Mr. Vickers responded to questions and also gave a brief history of cable in the area.. The City Manager stated he would consider all comments constructive or otherwise when negotiating for the Cable franchise with Falcon. Being'no further business to come before the Council the meeting ADJOURNED at: 7:35 p.m. Louise R. Cartwright Mayor Kathryn M. O'Halloran City Clerk (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (13) 04) FALCON CABLE PUBLIC FORUM MONDAY, AUGUST 12, 1996 SPEAKER'S LIST KEITH MILLER - 961 RIVIERA AVENLrE J. W. (TOMMY) THOMPSON - 125 MAIN STREET JOHN H. BROWN - 626 FLEMING STREET KEN VICKERS - FALCON CABLE TV WALTER M~LER - 521 QUARRY LANE I-~LEN MAGOLAN - 522 QUARRY, LANE JOI--IN NEFF - 598 BREAKWATER TEKKACE PAM MCCULLOUGH - 644 CRYSTAL MIST BRAD PEARSE - 541 FRiNK AVENUE JOE GENERAZIO - 1058 BARBER STREET FRED KAKAS - 1357 SCROLL STREET PItlLIP MILLER -' 122 CURTIS CmCLE BOB MAKOSH - (INAUDmLE) FISCHER Cra? CLAIR TERIO - 980 RIVIERA I City of Sebas~m-~ · 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 mm TELEPHONE (407) 388-8200 _- FAX (407) 589-5570 ! SEBASTIAN CITY COUNCIL AGENDA Public Forum Regarding Falcon Cable TV Monday, August 1-2, 1996 7:00 PM The purpose of this public forum is io provide an oppormniB, to the citizens of the City. of Sebastian and customers of Falcon Cable TV within the City's franchise to express their feelings about the quality, of ~ervice provided by Falcon. All comments, both positive and negative, shall constitute the foundation for negotiations associated with the franchise renewal requested by the company. It is important to be as specific as possible in describing your service concerns so that they will be discussed in the negotiations to be held in the coming weeks. 1. OPENING COMMENTS' COUNCIL/STAFF 2. PUBLIC CO1VfMENTS (Note: all persons desiring must si~ up on the sign-up sheet lodated on the card table near the rear entrance; a maximum of 5 (five) minutes have been allocated for each presentation. -~. AD JOU'R_N City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 14, 1996 - 7:00 P.M. CiTY COUNCIL CllAMBERS 1225 MAIN STREET, SEBASTIAN, FLORll)A ALL AGENDA iTEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shah 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 1. Mayor Cartwright called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. No invocation was given. City Council Present: Mayor Louise Cart-wright Vice Mayor Walter Barnes Mr. Raymond Halloran Mr. Richard Taracka Ciw Council Absent: Mrs. Norma Damp (excused) City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting August 14, 1996 Page Two AGENDA MODII~ICATIONS (ADDITIONS AND/OR DELETIONS] Items not on the written agenda may be added only upon unanimous consent of the Council members present ('R-95-33) ! The City Manager recommended deferring item 8 E of the consent agenda relative to Runway 4- 22 umil August 28, 1996 for FDOT recommendation. MOTION by Hallomn/Bames I move to delete item E of the consent agenda and reschedule to 8/28. ROLL CALL: Mr. Barnes - aye Mrs. Damp - absent Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwfight - aye MOTION CARRIED 4-0 The City Manager requested that an item entitled Strategic Plan Planning Committee be added to Old Business. MOTION by Barnes/Halloran I'll make a motion to add the Sebastian Strategic Plan Planning Committee letter (see attached) to tonight's agenda. ROLL CALL: Mrs. Damp - absent Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 4-0 Regular City Council Meeting August 14, 1996 Page Three 96.103 96.163 Mayor Cartwvfight requested that Council add an item 6 C to allow John Kanfoush to make an announcement. MOTION by Cartwright/Taracka ~ I move to add item 6 C to the agenda. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - absent MOTION CARRIED 4-0 PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Certificates of Comoletion to Mayor Cartwri~t and Vice Mayor Barnes - Florida State University - Florida..Institute of Government - Institute for Elected Officials CDr. John Scott Dailey Letters dated 7/10/96 and 7/15/96) The City Clerk presented certificates to Mayor Cartwfight and Vice Mayor Barnes. B. proclamation, National Rehabilitation Week ~ 8/15/96 - 8/2.5/96 - Healthsouth Treasure Coast Rehabilitation Hospital_ Vero Beach Mayor Cartwright read the proclamation and directed that it be mailed to Healthsouth. C. ~Lo..~Jfimfau~ Mr. Kanfoush commended Human Resources Director, Wendy Widmann for her work with the Handicapped Self Evaluation Committee and for handicapped residents 0f the City. Regular City Council Meeting August 14, 1996 Page Four OUASI-J-UDICIAL H'EAR~G 96.164 A. Mel Fisher Treasure Museum, Request for One Year Site Plan Time Extension September .6. 1997 (Community Development Transmittal 8/7/96. Fisher Letter 8/1/96L Site Plan Application. Site Map) Mayor Cartwright opened the quasi-judicial hearing at 7:10 p.m. and the City Clerk swore in all those who intended to offer testimony. No ex-parte communication w~is disclosed. The City Planner presented staff comment on the requested extension for site plan for expansion of the treasure museum and parking lot and recommended the site plan be extended for one year until September 6, 1997. Randy Mosby, Mosby & Associates, briefly addressed Council. Mayor Cartwright closed the quasi-judicial hearing at 7:16 p.m. MOTION by Bamesfraracka I'll make a motion to extend the site plan for the Mci Fisher Treasure Museum for one year from 8/7/96 to September 6, 1997. ROLL CALL: Mr. Taracka~ - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - absent Mr. Halloran - aye MOTION CARRIED 4-0 Regular City Council Meeting August 14, 1996 Page Five 96.165 96.166 96.167 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. Approval of Minutes - 7/24/96 Workshop, 7/24/96 Regular Meeting, 7/31/96 Budget Workshop Adopt R-96-38 - Vacation of Easement - Lots 1, 2, 3 - Block 407, Sebastian Highlands Unit 7 (City Clerk Transmittal 8/5/96, R-96-53, Application, Survey, Authorization Letter from Property Owner, Utility and Dept. Approvals) RESOLUTION'NO. R-96-38 A RESOLUTION OF Tt-IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. VACATING, ABOLISttlNG, ABANDONING AND DISCONTINIJING THE SOUTH SIX FEET OF LOT 1 LESS TH]E WEST 10 FEET THEREOF; THE NORTH SIX FEET OF LOT 2 LESS THE WEST 10 FEET THEREOF; TI-I]E SOUTH SIX FEET OF'LOT 2 LESS THE WEST 10 FEET THEREOF; AND TI-IE NORTH SIX FEET OF LOT 3 LESS THE WEST 10 FEET THEREOF, PUBLIC UTiLITY AND DKAI]qAGE EASEME~S, BLOCK 407, SEBASTIAN HIGHLANDS UNIT 7, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-6, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT I-I]EREW][TH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Approve Purchase of Diesel Powered Kotary Mower - Public Works - Florida State Commodity Contract No. 515-630-560-0783 - Robinson Equipment Co. Inc., Mires, FL - $9,744.00 (-Public Works Director Transmittal 8/5/96, 7/19/96 Robinson Equipment Quote, Robinson Equipment Letter 6/14/96, 6/6/96 Berggren Equipment Quote) Authorize City Manager to Execute Interagency Agreement between Florida Department of Corrections and City of Sebastian - Indian River Correctional Institution - Medium and Minimum Custody Inmate Labor - Further Authorize City Manager to Renew Annual Agreements Provided No Substantial Changes Within Scope of Agreement (City Manager Transmittal 8/6/96, Agreement) Regular City Council Meeting August 14, 1996 Page Six 96.169 F. 96.080 G. 96.170 H. Bid/Contract Award - Fencing Improvements - City Public Works Compound and Barber Street Sports Complex Soccer Field - Wood'N Nichols - $18,010 - 30 Calendar Days ('Bid Tabulation Sheet, Bid and Contract Documents on File in City Clerk's Office)) Lion's Club - Reschedule Fire Works Display - August 31, 1996'w/September 1, 1996 Fall-Back Date - Use of Riverview Park for Barbecue and Band - Close Indian River Drive Between Harrison and Coolidge (City Manager Memo. 8/8/96) William St, ant - Wedding Reception - Community Center ~ 9/7/96 - 2:00 p.m. to 8:00 p.m. - A/B ~ Security Paid - Permit-tee Age Verified (City Clerk Transmittal 8/5/96, Application) The City Manager read the consent agenda. The City Attorney read Resolution No. R-96- 38 by title. Item E had been removed previously. Mr. Taracka. removed item C, Cartwright removed items A, F and item G for Sal Neglia. MOTION by Cartwright/Taracka . I move to adopt item B, D; H of the consent agenda. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - absent Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 4-0 6 Regular City Council Meeting August 14, 1996 Page Seven Item A - Minutes - 7/24/96 Remllar Meetine Mayor Cartwright corrected the July 24, 1996 regular minutes, noting that Mr. Taracka made the certificate presentation to the Employee of the 2nd Quarter, Chuck Geisz. MOTION by Cartwright~alloran I move to approve item A of the consent agenda as corrected. ROLL CALL: Mr. Barnes - aye Mrs. Dam, p - absent Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 4-O Item C - Diesel Mower Mr. Taracka inquired whether there was a warranty. The City Manager said he would check and if there was no warranty he would bring the item back for review. MOTION by'Taracka/Barnes I make a motion to accept item C with the condition that we approve this on a warranty. ROLL CALL: Mrs. Damp - absent Mr. Hail°ran - aye Mr.. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 4-0 7 Regular City Council Meeting August 14, 1996 Page Eight Item F - Fence Improvements Mayor Cartwright asked whether the fence would impede proposed drainage. improvements at the soccer field. ! The Public Works Director said it would not.~ MOTION by Cartwright/Halloran I move to approve item F of the consent agenda. ROLL CALL: Mr. Halloran Mr. Tamcka Mrs. Cmwfight Mr. Barnes Mrs. Damp - aye - aye - aye - absent MOTION CARRIF_D 4-0 Item G - Lions Club Fireworks Sal Neglia, 461 Georgia Boulevard, Sebastian, objected to closing Indian River Drive and the park being used for a barbecue and band. Mr. Barnes said the City Manager had informed him that all side streets leading to Indian River Drive will be open. MOTION by Camvright/H~loran I move to approve item G of the consent agenda. ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran - aye - aye - aye - absent - aye MOTION CARRIED 4-0 Regular City Council Meeting August 14, 1996 Page Nine 96.171 PRESENTATIONS - None COMMITTEE REPORTS/RECOMMENDATIONS CODE ENFORCEMENT BOARD (Commurfi. ty Development Transmittal 8/6/96, Oliver Application, Excerpt of Code Enforcement Minutes 7/17/96, Sections 2-179 and 2-180 Code of Ordinances) Interview and Aor~oint to Three Year Term - General Contractor Position Vacated by. Louis Nicolini to Exr~ire 6/1/99 - Board Recommends Michael Oliver. Sr. City Council interviewed Mich~iel Oliver, Sr., 106 Lancaster Street, Sebastian. MOTION by Barnes/Taracka I'll make a motion to appoint Mr. Michael Oliver, Sr. to the Code Enforcement Board filling the general contractor position vacated by Louis Nicolini which expires 6/1/99. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - absent Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 4-0 ii. Board RecornmendsMoving Alternate Dave Costa to Engi_'neering Position Which Will be Vacated by George Metcalf (Ci _t-y C erk s Office Currently Advertisin~ position - Accepting AD~plications Until Friday, 8/9/96 at 4:30 p.m.) Scl Neglia, 461 Georgia Boulevard, spoke on behalf of the committee, and said he will first listen to Council's discussion on the third item. Mayor Cartwright stated that this engineering position was being advertised for until August 9, 1996 and that two other engineer applicants had applied for the position, therefore, this recommendation can not be addressed at this time until those applications are reviewed. Regular City Council Meeting August 14, 1996 Page Ten in. Consider Reouest to Change Poli~ Regarding Advertising and Interviewin~ for Vacant Positions on Code Enforcement Board The City Attorney said that the statute and code say that "whenever possible" those positions should be filled in accordance with g~idelines. Mayor Cartwright said she was a proponent of moving alternates for some boards and that City Council will be looking int.o procedures for all boards of the City. The City Attorney was directed to drat~ language reversing the roles of the Code Enforcement Board attorney and the City Attorney as they represent the Code Enforcement Board and the Ci~. Herbert Sturm, 549 Saunders Street, Sebastian, said the membership requirements in the statutes on Code Enforcement needs to be rewritten. The City Manager said the City code is more restrictive than Florida Statutes regarding the engineering position and that perhaps that can be looked at. Mayor Cartwright commended Vice Mayor Barnes for his "Sexual Harassment Seminars" given to City employees. 11. OLD BUSINESS old A. Sebastian Strategic Plan Planning Committee The City Manager had distributed a memo dated August $, 1996 at the beginning of the meeting and read it into the record. TAPE I - SIDE ii (7:48 p.m.) He requested authority to move forward with the Phase I Planning Team to allow him to have them meet on August 22, 1996. He said he will bring back the formation of the Phase II group at a later date. 10 Regular City Council Meeting August 14, 1996 Page Eleven 96.129 12. MOTION by Cartwfight/Halloran I move to approve the request for the Strategic Plan Planning Committee. ROLL CALL: Mr, Barnes - aye Mrs. Damp - absent Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 4-0 NEW BUSINESS Review and Amend Accordingly - Adopt R-96-53 - Cit-v Council Meeting Times/Procedures (City Clerk Transmittal 8/8/96, R-96-53) .]:kESOLUTION NO. R-96-53 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLIShq2qG TI~ DATE AND TIME FOR CITY COUNCIL MEETINGS; WORKSHOPS AND QUASI-IUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PtLEPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTltER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIILECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF -RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Clerk read Resolution No. R-96-53 by title only. 11 Regular City Council Meeting August 14, 1996 Page Twelve Changes were made as follows: Page Two - "should" or "may" - consensus to change to "should" Next occurrence of"should" or "will" - consensus to change to "will" ! Page Two - Section 2. - consensus of City Council for continuance of quasi-judicial in accordance with ordinance on quasi procedures Page Four - Section 2.B. add "and" shall be stated in the record. - consensus to add Page Six - D. - consensus to add "by a majority vote of City Council". MOTION by Cartwright./Bames I move to approve Resolution 96-53 as amended. ROLL CALL: Mrs. Damp - absent Mr. Halloran - aye Mr. Taracka ~ aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 4-0 96.172 Bo Adopt Resolution No. R,96~54Amending R,86.-44, Returning Lots 23 and 24 to Original Plat of Sebastian Highlands(Comm~unityDevelopment Transmittal 8/1/96. R-96-54. Letter ofReouest. Warranty Deeds. R-86-44. Location Mar~) tl~ESOLUTION. NO. R-96-54 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrNTY, FLORIDA, AMENDING RESOLUTION NO. R-86-44 WHICH VACATED, ABOLISHED, ABANDONED AND DISCONTINUED CERTAIN PORTIONS OF PLATTED LAND INCLUDING LOTS 23 AND 24, BLOCK 12, SEBASTIAN HIGH2LANDS, I.YNIT 1; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Clerk read Resolution No. R-96-54 by title only. 12 Regular City Council Meeting August 14, 1996 Page Thirteen 96.018 C. Mayor Cartwright inquired whether the City Planner wished this to be a public hearing in accordance with his transmittal and he concurred. Mayor Cartwright opened the hearing at 8:00 p.m. The City Planner gave a brief history on the request to reverse the vacation of the subject lots and return to the original plat for Sebastian Highlands subdivision. Mayor Cartwright closed the heating at 8:03 p.m. MOTION by Taracka/Bames I move to adopt Resolut, ion R-96-54. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Canwfight - aye Mr. Barnes - aye Mrs. Damp - absent MOTION CARRIED 4-0 Adopt Resolution No. R,96~55 - Fey Sandmining Special Use Permit - Amending Condition Requiring Submittal of Topo~aphy Survey from Six Months to Seven Months (Communils/Development Transmittal 8/7/96. R-96-55~ RESOLUTION NO. R-96-55 . A RESOLUTION OF TH3E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXTENSION TO SECTION 4.(8) OF RESOLUTION NO. 96-24, A SPECIAL USE PERMIT AND MINING PERMIT TO RICHARD FEY FOR A SAND MINE ON APPROXIMATELY 11 ACRES OF LAND; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Clerk read Resolution No. R-96-55 by title only. The City Planner recommended approval of the request to give Mr. Fey an additional thirty days to submit his required survey. 13 Regular City Council Meeting August 14, 1996 Page Fitteen MOTION by Barnes/I-Ialloran I'II make a motion to adopt Resolution R-96-55. ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran -~e -aye -~e - absem -~e MOTION CARRIED 4-0 Mayor Cartwright called reces~ from 8:05 p.m. to 8:20 p.m. All members present at roll call were present. 96.173/ 94.029 93.196 Adopt Resolution No. R-96-57 - Authorize Ci~ Manager to Execute Termination of Lease w/Price. Termination of Business Subleasei and Lease A~eement w/Skydive Sebastian of South Florida. Inc. (City Manager Transmittal 8/8/96. R-96-57. 3 RESOLUTION NO. R-~6-~ A RESOLUTION OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-93-50; AUTHOKIZING THE CITY MANAGER TO EXECUTE AND TI-IL CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, A TERaM/NATION OF LEASE AGREEMENT BETWEEN TI-IL CITY OF SEBASTIAN AND CHARLES CLAY PR/CE, A TERMINATION OF BUSINESS SUBLEASE BETWEEN CHARi, ES CLAY PRICE AND SKYDIVE SEBASTIAN OF SOUTH FLORIDA, INC., AND AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SKYDIVE SEBASTIAN OF SOU'I~ FLORIDA, INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING'FOR AN EFFECTIVE DATE. Mayor Cart-wright said she would abstain from voting on this matter since she was an employee of an insurance company in Sebastian which partially insures a portion of the Skydive Sebastian of South Florida, Inc. property. (See form attached) She turned the gavel over to Vice Mayor Barnes to chair the meeting. Sal Neglia, 461 Georgia Boulevard, Sebastian, urged caution with this lease. 14 Regular City Council Meeting August 14, 1996 Page F~een The City Manager stated that this lease came about when Skydive requested an additional 100 feet of leased property, and was a combination of the airport lease prepared by a previous City Attorney with revisions made by the City Manager and current City Attorney. He reviewed the revised lease agreement he had distributed at the beginning of the - meeting and recommended approval. The City Planner said Skydive had submitted a new site plan and that staff'was awaiting notice of HRS approvals for the septic tank, pool and spa and that electrical and certain building permits had been appli?d for. He said he was working with them on cleaning up some items which were not permitted. Randy Mosby, Mosby & Associates, representing Skydive Sebastian of South Florida, Inc., addressed City Council on its attempt to bring all matters into conformance. Mr. Halloran asked if Skydive was substantially in compliance. The City Planner said they were "substantially attempting to comply" and that staffwas watching very carefully. He said staffwas working closely with Skydive. Mr. Taracka requested assurances that the City Council would not have to worry about the tenant not working within the guidelines of the new lease. Vice Mayor Barnes reiterated Mr. Taracka's concerns. The City Manager briefly reviewed the revised termination of lease agreement. MOTION by Halloran/Bames I move to approve Resolution No. R-96-57 as amended or the current version that we received with the amendments. TAPE II - SIDE I (8:50 p.m.) The City Manager noted that the resolution had not been amended, only the agreements. 15 Regular City Council Meeting August 14, 1996 Page Sixteen ROLL CALL: Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka - abstained = aye - absent - aye - aye MOTION CARRIED 3-O Vice Mayor Barnes turned the meeting back over to Mayor Cartwright. 96.117 Skillman Rezoning - Ordinance No. O-96-17 - 1st Reading - Set Ouasi-Judicial Public Heating for 9/5/96 Special Me,eting (Community. Develovment Transmittal 8/6/96. ORDINANCE NO. O-96-17 A.N ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED SOUTH OF MAIN STREET, EAST OF J & W SUBDMSION AND 100 FEET WEST OF THE U.S. POST OFFICE PROPERTY, COMPRISED OF 5.6 ACRES MORE OR LESS, FROM CL (COMMERCIAL LIMITED) TO RM-8 OV~DIL~ DENSITY MULTIPLE FAMILY); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWiTH; PROVIDING FOR SEVEKABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-96-17 by title. MOTION by Halloran/Bames I move to accept the first reading of Ordinance No. 0-96-17 and schedule quasi- judicial hearing and second reading of ordinance for September 5, 1996. ROLL CALL: Mr. Barnes - aye Mrs. Damp' - absent Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 4-0 16 Regular City Council Meeting August 14, 1996 Page Seventeen 96.174 F. Sembler CLUP - Ordinance No. O-96~! 8 - 1 st Reading - Set Quasi-Judicial Public Hearing for 9/5/96 Special Meetin~ (Community_ Development Transmittal 8/7/96. O,96,18) ORDiNANCE NO. O-96-18 AN OKDINANCE OF THE CITY OF SEBASTIAN, INDIAN K1-VER COUNTY, FLORID.& APPROVING A SMALL SCALE AMENDMENT TO TH~ COMPKEHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP FROM CL (COMMERCIAL LIMITED) TO CW (COMMERCIAL WATEKFKONT) FOK TWO PAKCELS OF LAND CONSISTING OF 4,48 ACRES, MOKE OR LESS, LOCATED EAST OF NOKTH CENTRAL AVENUE, SOUTH OF DAVIS STREET, AND WEST OF INDIAN RIVER DRIVE; FINDiNG THAT THE CO1V[PREHENSIVE PLAN AMENDMENT QUALIFIES AS A SMALL SCALE AMENDMENT UNDER FLOP. IDA STATLrl~S SECTION 163.3187 (1)(C); PROVIDING FOR A COPY OF THE SMALL SCALE AMENDMENT TO BE TRANSITED TO ALL PART[ES AS REQU'fRED BY FLORIDA STATUTES SECTION 163.3187 (4); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEKEWlTH; PROVIDING FOR SEVEKAB1LITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-96-18 by title. MOTION by Bames/Taracka I'I1 recommend approval of Ordinance O-96-18 first reading and set the quasi- judicial public hearing for 9/5/96. ROLL CALL: Mrs. Damp - absent Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 4-0 17 Regular City Council Meeting August 14, 1996 Page Nineteen 96.174 G. Sembler Rezoning - Ordinance No~ 0-96-19 - 1 st Reading - Set Ouasi-Judicial Public Hearing for 9/5/96 Special Meeting (Communi~ Development Iransmittal 8/7/96. [ ORDINANCE'NO. O-96~19 AN ORDiNANCE OF TIlE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED EAST OF NORTH CENTRAL AVENUE, SOUTH OF DAVIS STREET AND WEST OF INDIAN RIVER DRIVE, COMPRISED OF 4.4.8 ACRES MORE OR LESS, FROM CL (COMMERCIAL LIMITED) TO GMC (GENERAL MARINE COMMERCIAL); PROVIDiNG FOR REPEAL OF ORDiNANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-96-19 by title. MOTION by Bames/Cartwright I'll move to approve Ordinance 0-96-19 first reading and set the quasi-judicial public hearing for 9/5/96. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - absent MOTION CARRIED 4-0 18 Regular City Council Meeting August 14, 1996 Page Nineteen 96.175 H. H.D. Adams - Collier Creek Estates CLUP ~ Ordinance No. 0-96-20 - 1st reading -SeL Ouasi-Judicial Public Heating for 9/5/96 Special Meeting (Community_ Developmen[. Transmittal 8/7/96_ O-96-20~ ORDINANCE NO_ 0,96,20 AN ORDINANCE OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, ' FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO TI-IE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP FROM IN (INSTITUTIONAL) TO LDR (LOW DENSITY RESIDENTIAL) FOR FOUR PARCELS OF LAND CONSISTING OF 9.45 ACRES, MORE OR LESS, IN SEBASTIAN HIGI-ILANDS UNIT 16 AND IDENTiFIED AS TRACTS C, D, E AND A PORTION OF F; FINDING THAT THE COMPREHENSIVE PLAN AMENDMENT QUALiFIES AS A SMALL SCALE AMENDMENT UNDER FLORIDA STATUTES SECTION 163.3187 (1)(C); PROVIDING FOR A COPY OF THE SMALL SCALE AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS REQUIRED BY FLOR.IDA STATUTES SECTION 163.3187 (4); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-96-20 by title. MOTION by Taracka/Bames I move to approve Ordinar~ce 0-96-20 first reading, set quasi-judicial public hearing for September 5, 1996. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes ~ aye Mrs. Damp - absem Mr. Halloran - aye MOTION CARRIED 4-0 19 Regular City Council Meeting August 14, 1996 Page Twenty One 96.175 I. 96.130 J. H.D. Adams ~ Collier Creek Estates Rezoning - Ordinance No~),96-21 - 1 st reading: Set Ouasi-J'udicial Public Hearing for 9/5/96 Sr~ecial Meeting (Communi~ Development Transmittal 8/7/96_ 0,96,21) ORDINANCE NO. O-96-21 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN SEBASTIAN HIGHLANDS UNIT 16 AND IDENTIFIED AS TRACTS C, D, E AND A PORTION OF F, COMPRISED OF 9.45 ,CRES, MORE OR LESS, FROM PS (PUBLIC SERVICE) TO RS-10 (RESIDENTIAL SINGLE FAMILY); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-96-21 by title. MOTION by Halloran/Cartwright I move to accept first reading of Ordinance No. 0-96-21, schedule quasi-judicial hearing and second reading of ordinance for September 5, 1996. ROLL CALL: Mrs. Cartwfight - aye Mr. Barnes - aye Mrs. Damp[ - absent Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 4-0 Review Pendimz List 96.013 - review of IRS rules for the City Attorney contract. The City Manager said this item can be removed. 20 Regular City Council Meeting August 14, 1996 Page Twenty One 96.026 - Sebastian Lakes/PTC/Lennar. The City Manager said he received a fax today and stated this item was progressing to a final agreement to allow the project to move ahead. 96.033 - Employee career service system. The City Manager said the document is done but that he wanted staff'review prior to bringing it to Council. 96.035 - Workshops for recreation. The City Manager said this will be addressed after budget. 96.099 - Police station. The City Manager said RFP's have gone out and staffis awaiting responses to come back to Council. 96.122 - Mr. Taracka said he should be meeting with Fran Adams in next couple of weeks. 96.128 - Reflectors on CR 512 curbs. Mr. Taracka said Indian River County had put out reflectors and that this item can be removed from the list. 96.123 - Former Utility Building. The City Manager said he has met with the Historical Society, Chamber of Commerce and has had private commercial inquiries. Ma~v~r Cartwright 96.119 - Strategic Planning - Mayor Cartwright suggested the number be reserved but the item removed from list. 96.132 - Board Procedures - Mayor Cartwright said we need to move on this. 96.137 - Charter revisions - Mayor Cartwright said this is needed by November the latest. 95.029 - Parking - The City Planner said this would be on the next Council agenda. 95.145 - Fencing - The City Planner said this would be on the next Council agenda. 21 13. 14. 95.152 - Tennis courts - The City Manager said this may have already been bid out. 96.131 - Council Expenses - Mr. Barnes re.quested placing an item on next agenda regarding City Council travel expenses, same as employee policy. INTRODUCTION OF NEW BUSEN'ESS FROM THE PUBLIC Y?hich is not otherwise on the agenda- limit of ten minutes for each speaker J. Marshall Beatty, 1848 Barber Street, Sebastian, said he spoke to Council a couple of months ago about vegetation behind his home and that conditions are now worse. The City Manager said he would personally go out to the home. Tut Connolly, 149 Kildare Drive, Sebastian, objected to Code Enforcement Board recommendation on filling a pc~sition without benefit of interviewing all applicants. The Mayor advised him all applications would be sent to the board for review prior to City Council action on the appointment. Herbert Sturm, 549 Saunders Street, Sebastian, gave an update on broken equipment in the City, ducks in Hardee Park, and requested appointment of a council to look into the amendment of Code Enforcement orders by the City Clerk. Mr. Taracka said the courts had dismissed the matter. It was the consensus of City Council that it did not want to pursue the matter any further. Sal Neglia requested to speak on another subject, stating he thought he had signed up, however, Mayor Cartwright said she had never waived the sign-up requirement for Introduction of New Business and did not want to do so. CITY COUNCIL MATTERS A. Vice Mayor Walter Barnes Mr. Barnes spoke on behalf of the Sebastian River High School marching band and the possibility of re-establishing a holiday parade as was done in the past, to which the Mayor responded that i~erhaps the Winter Wonderland people can be contacted; expressed concern for drainage problems on CR 512; and inquired about solutions to oversized boat trailer parking at the Yacht Club. The City Manager said he would look into it. TAPE II - SIDE ii (9:35 p.m.) 22 Regular City Council Meeting August 14, 1996 Page Twenty Three B. Mrs. Norma Damn Absent. C. Mr. Raymond Halloran Mr. Hailoran stated that the Today paper had run an article about a burglary ring in Sebastian that is actually in Veto Highlands near St. Lucie County. He said they will print a retraction. D. Mr. Richard Taracka Mr. Taracka requested that an ordinance be drafted to require general comractors to repair road damage caused by construction. It was the consensus of City Council to look into this. E. Mayor Louise Cartwright Mayor Cartwfight announced the next Falcon Cable public forum on August 29, 1996; announced that she will conduct office hours in council chambers on Thursdays from 4:30 p.m; discussed complaints received about contractor Block tests and asked that an ordinance dealing with the issue be workshopped, to which the City Planner said a Block ordinance had been started and could be on the next agenda; and discussed site plan review procedures and suggested extensions be approved by Planning and Zoning and have appeals come to City Council,, to which the City Planner responded that all procedures are being reviewed at this time. 15. CITY ATTOR_N~Y MATTERS None. 16. crrY MANAGER MATTERs The City Manager reported on information obtained at a Florida League of Cities conference relative to cable regulation. He specifically reported that the estimated cost for formal renewal of cable would be between $20,000 and $50,000. 23 Regular City Council Meeting August 14, 1996 Page Twenty Four He went on to report briefly on the FPL easement right-of-way and access by adjacent property owners and said there will be more attention paid to the use of ATV's on the easement. He announced that Indian River County has reported that Barber Street will be four laned from CR 512 to U.S. 1 in the future. 17. Being no further business, Mayor Cartwright adjourned the Regular Meeting at 9:56 p.m. Approved at the .. ,1996, Regular City Council Meeting. Louise R. Cartwfight Mayor Kathryn M. O'Halloran, CMC/A. AE City Clerk 24 I City of Sebastian 1225 MAIN STREET- [] SEBASTIAN, FLORIDA 32958 TELEPHONE 589-5330 [] FAX (407) (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUB~EECT: AGENDA NO: ' ~.Z//"/~ d~ City Clerk EGP Copier Upgrade DEPT, ORIGIN: City_ Clerk .1 Expenditure Required: DATE SUBMITTED: ~ MEETING DATE: ~ EX1TFRiTS: EGP Letter 8/14/96 Amount Budgeted: IAppropriation Required: SUMMARY STATEMENT Due to the large amount of copies on our current copier (292,132 from March 1995 to August 19~ 1996) EGP, Inc. has submitted a new proposal for a lease of a Mite 5590 copier to upgrade our present copier. Our three year lease on the 5590 for $363.06 per month will be extended to the upgrade at the same momhly payment. The City will continue to "piggyback" off the Indian River County School Board contract as it has done[ since 1987. RECOMMENDATION In compliance with Ordinance'No. O-96-10, Section M, Approval qfService and Purc. h. ase Agreemen.t, approve the lease ora Mite 5590 copier from EGP, Inc, for the City Clerk's Office for $363.06 per month. NC. the Copier People August 14, 1996 MS. Kay M. O'Malloran Office Of City Clerk 1225 Main Street Sebastian,' Florida 32958 The advantages of the Mira DC-5590 are as follows: 1) Faster first copy speed 2) The ability to copy on to hard stock paper up to 110 pounds 3) 1000 accounts management codes 4) Presentation and insert capabilities 5) Two and three hole automatic punching 6) 5 position automatic stapling 7) Page designation for mixe~ one and two sided copies 8) One touch toner replacement The Mira DC-5590 in unison with the AS-S5120 sorter will give your office much more versatility and will definitely increase the productivity. Thank you for your tim~:. Kay, and if you have any questions or require additional information please do not hesitate to call me. Sincerely, ~. · ¢_-~4~r~ C h Man~ ~,.,, ~' 3111 S, Oleander Avenue · Ft. Pierce, FL 34982 (407) 461-1201 · Veto (407) 562-0511 · Stuart (407) 283-3499 ° Fax (407) 562-0520 Dear Kay: E.G.P., Inc. proposes to replace your current Mira 5685 copying system with a new Mita DC-5590 System configured with an AS-S5120 20-bin sorter stapler and punch unit without increasing your current lease payment which is $363.06. Your maintenance costs will also remain the same and any copies you have remaining on your existing service contract will be transferred over to the new system. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r, FAX (407) 589-5570 SUBJECT: On-Site Sewage ) Disposal System for ) the Barber Street ) Sports Complex(South)) ) ) Approved for Submittal By: Agenda No. ¢~./¢¢ Dept. Origin Public Works Public Works Director ~./~ Date Submitted 08-21-96 For Agenda of 08-28-96 )!~ Exhibits: 8-20-96 Bid Summary & City Manager ~% Tabulation Sheet ) Bid and Contract Documents on ) file at the City Clerk's Office EXPENDITURE AMOUNT REQUIRED: N/A BUDGETED: N/A AJ?PROPRIATION REQUIRED: N/A SUMMARY STATEMENT Bids for the construction of the On-Site Sewage Disposal system at the Barber Street Sports Complex (South) existing prefabricated green metal building were opened oD August 19, 1996. 0nly one bid was received as submitted by East' Coast Trenching, Inc. of Veto Beach, Florida in the amount of $33,442.75. The Indian River County Environmental Health Unit has just within the last week informed the Department of Public Works that the absorption beds could be reduced in size by one half. Therefore, with this new information, the Department of Public Works requests that the bid be rejected so the Department can have the system redesigned to substantially reduce the cost. RECOMPfENDED ACTION Move to reject the August 19, 1996 bid received from East Coast Trenching for the On Site Sewage Disposal System at the Barber Street Sports Complex. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: Approval of the Purchase for Flail Axe Brush Cutters Approved for Submittal By: City Manager Dept. Origin Public Works Public Works Director ~,~/~ Date Submitted 08-21-96 For Agenda of 08-28-96 Exhibits: 8-20-96 Bid S~mmary & Tabulation Sheet Warranty Information, Bid Documents on file in City Clerks Office EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $9,176 BUDGETED: $9,176 REQUIRED: 0 SUMMARY STATEMENT Bids for replacement of two flail axe brush cutters for the Department of Public Works mower Units No. 14 and 17 were opened on August 19, 1996. A bid for $9176 ~as received from Pippin Tractor and Equipment, Inc. of Ft. Pierce, Florida and a bid for $9550 was received from East ~_lden Equipment Co. of Merritt Island, Florida. The Bid Review Committee met on August 20, 1996 and found all bids to be in order. The Committee recommends that the purchase order be awarded to Pippin Tractor & Equipment, the low bidder. The warranty on the flail axe brush cutters is good for one year on parts and labor. The City Attorney has reviewed and approved the bid documents. RECOMMENDED ACTION Move to award the purchase of two flail axe brush cutters from Pippin Tractor and Equipment, Inc. of Ft. Pierce in the amount of $917~ O. r~ Ill I I I I I I I I I I I I I I I I i i I i 8-22-1996 10:~AH ~ROM P. 2 ALAMO GROUP (USA) iNC. LIMITED WARRAiNTY -L0~. 1.0n. ":t OL 3.02. 3.03. 3.04. 4. 4.01. 4.02. 4.03. 1. ~ LOL Alamo Croup, Incor~ra~d ('Alamo') ~ f~ ~e ~ ~ ~e p~ ~ to ~c ~ . go~'-L ~~, ~ m~ p~ (~') ~d ~ for ~ ~n~ ~ ~c ~ ~~ or l_O~ ~~ ~I ~ f~ ~ ~ =y ~ =r ~ fo~ ~ ~~ at ~ of lin f~t~=, to ~ ~f=five ~ i~ ~ 1~. ~ ~ ~ ~ a~ly w ~ ~ ~y ~ ~on ~c, ~v~c mm~; on ~ of~ac~. ~ ~ ~ ~v~ by ~ ~ ~. R~c w ~ ~ ~ ~ of ~ ~s ~1 for ~~S ~ PRO~~ ~ is r~ble f~ ~i-5 ~ g~ ~ q~ ~ ~ ~ f~ ~ ~. ~), ~~~ f~r ~ ~ of~e~s)~~le 1~~ (~ d~by~ff~) i~~ ~d for ~ r~ ~ ~~t ~or m ~ n.~ d~~ ofa~b~ of~ ~ ~ ~ac~. (c) ~ ~i~ ofr~y ~I ~ ~ ZOS. ~ ~ble f~yla~r ~g~ ~ a ~e~t ~ ~ed ~ ~a~ ~ for re~ ~ ~ to ~ ~, ~e~ ~ no~ ~e ~ ~ ~v~ ~ ~ ~ible for ~e ~tion c~t f~ ~ ~s) ~ ~e ~ ~ ~e dmi~ ~e~. 3. ~&~ON O~ ~~ ~A~~ HO W~ ~ TO ~ D~I~, C~~, ~AC~, OR~~ FOR ~ ~ FRO~ ~, ~A~ $~ ~ NO ~~ OF ~NS~ TO ~C~ O~ ~ O~ ~ON OR ~ ~ ~ TO ~ ~~, LOSS, OR ~ OR ~G~ TO BE CAUS~ D~C~Y OR ~~Y ~y ~ ~DS ~CL~G, B~ HOT USE OR OPtiON OF ~ ~DS OR ~ ~CH OF ~ w~. NO~T~G ~ ~O~ ~A~O~ ~ W~, ~AC~ ~~ ~~OR D~G~ ~C~ BY P~C~ OR O~ ~ NOT ~C~ ~ P~CE OF ~ ~. NO AC~ON ~G O~ OF ~ C~D B~CH OF ~ W~ OR ~SA~ONS ~ER ~S W~~Y BE BROUG~ MO~ ~ ~O ~2) ~ ~~ CAUSE OF A~ON ~ ~ ~y p~ of ~s l~t~ ~ s~l ~o~m ~y a~[i~lc law, ~d k ~ld to ~ ~n~blc, ~ ~ of~ pro~ ~II not ~i~ ~y o~ ~o~o~ Purc~ should fill in the Blanks below for future reference: MODF. L SEP, tAL ~ER DATE DE!.IVERf~ DEALER Alamo Post Office Dz'awcr 54g /'-"-N $¢guia, T~ 7S156/~ City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 SUBJECT: Award of Contract for the Construction of the Cemetery Irrigation Shed Approved for Submittal By: City Manager ~ EXPENDITURE AMOUNT Agenda No. ~'/~/ Dept. Origin Cemetery public Works Director . ) Date Submitted 08-21-96 ) ), For Agenda of 08-28-96 ) ,~ Exhibits: 8-20-96 Bid Suramary & ) Tabulstion Sheet ) Contract Documents on File With the City Clerk's Office APPROPRIATION REQUIRED: $8,729.50 BUDGETED: $6,000. REQUiRED:S2,729.50 SUMMARY STATEMENT Bids for the construction of the Cemetery Irrigation Shed were opened on August 19, 1996 at 11:30 AM. Three bids were received as follows: $7,500 bid from Kirby King Construction, $8729.50 from Capp Custom Homes, and $11,866 bid from Randy Hines Construction Inc. The Bid Review committee met on August 20, 1996 and found.only two bids to be in order, those from Capp Custom Homes and Randy Hines Construction. The bid submitted by Kirby King construction was found to be non-conforming because it only consisted of Page 1 of the Bid Form and the Drug Free Workplace form. The Kirby King bid did not include the signature and information page of the Bid Form, copies of licenses, the Public Entity Crime Statement, and Proof of Insurance. Therefore, the Committee found the bid unacceptable and recommended that the Contract be awarded to the second lowest bidder Capp Custom Homes. The City Attorney has reviewed the Contract for form and legal sufficiency. Additional funds in the amount of $2,729.50 will be required to be appropriated from the Cemetery Trust Fund since $6000 was initially approved for this project under the 1995/96 Capital Improvement Budget. The stabilized grass road initially budgeted at $6000 was constructed for $3,384 in February 1996. This resulted in a savings of $2616 in the fund. With the savings that can be applied to the Cemetery Irrigation Shed, only an additional expenditure of $113.50 from the Fund must be included for a total appropriation of $2729.50 to fund the entire project for $8729.50. RECOMMENDED ACTION 1) Move to appropriate an additional $2729.50 from the Cemetery Trust Fund to fund the balance of the contract amount to construct the Cemetery Irrigatipn Shed. 2) Move to award the contract to construct the Cemetery Irrigation Shed in the amount of $8729.50 to Capp Custom Homes, Sebastian, Florida. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: Award of Contract for) City Council Chambers) Roof Replacement ) ) Approved for Submittal By: Agenda No. Dept. Or~gin Public Works ) Public Works Director ~.~/~ ) ). Date Submitted 08-21-96 ) ) For Agenda of 08-28-96 . ~.~/~ .~ )' Exhibits: 8-20-96 Bid Summary & City Manager ~Tf~abuiation Sheet, 8/19/96 ) Bid from Big Lake Roofing, Inc. ) Bid/Contract Doc'~ments on File With the City Clerk's Office EXPENDI TI/RE REQUIRED: $13,609 AMOUNT APPROPRIATION BUDGETED: $!0,000 REQUIRED: SU~Y STATEMENT Bids for the replacement of the roof over the City Council Chambers were opened on August 19, 1996 at 11:15 AM. Only one bid was received as submitted by Big Lake Roofing, Inc., Okeechobee, Florida in the amount of $13,609 for the roof replacement and removal of unnecessary appurtenances. Another bid from Stein and Company, Inc. of Ft. Pierce, Florida in the amount of $10,800 was' received by the Office of the City Clerk after the Bid Opening at approximately 11:30 AM, which disqualified the Bid. The Bid Review Committee met on August 20, 1996, and recommended that the contract be awarded to Big Lake Roofing, Inc., in the amount of $13,609 for the roof replacement and removal of unnecessary appurtenances. The City Attorney has reviewed the contract for legal form and sufficiency. Since the initial Capital Improvement Budget Amount for Fiscal 1995/96 was $10,000 for this project, an additional appropriation for $3,609 from the Non-Departmental Reserve Account No. 001-30- 590-999 must be approved to fund the contract amount. RECOMMENDED ACTION Move to appropriate an additional $3,609 from the Non-Departmental Reserve Account No. 001-30-590-999 to provide the necessary funds for the City Council Chambers Roof Contract to be awarded. Move to award the contract for the City Council Chambers Roof Replacement to Bfg Lake Roofing, Inc., Okeechobee, FL., in the amount of $13,609 for the roof replacement and removal of unnecessary appurtenances, and a contract time of 12 consecutive calendar days. SECTIO~ 00~00 BID FORM CITY COUNCIL CHAMBERS ROOF TO: City Clerk's Office SebasEian City Hall 1225 Main Street Sebastian, Fl, 32958 (56i) 589'-5330 CATE- Monday, AugusE 19, 1996 ac-!l:15 BIDDER: BIG LAKE ROOFING, INC. The undersigned bidder 'proposes and agrees, if this Bid is accepted to enter into an Agreemen~ with the City of Sebastian to furnish any materials and labor in .accordance with the required specifications. I. Roof Replacement Without Removal of Appurtenances -Base Bid Lump Sum Cost = $ 12,734.00 2. Alternate Bid - Roof Replacemenn wi~h Removal of Appuren5ances Appurtenances shall include the following: Removal of two existing 12" diameter turbines and inst'a!!asion of blocking to meet existing roof line LS Cost = $ 200.00 Removal of 4 roof vents to a point below the existing roof line and plugging them with cement grout LS Cost = $ 100.00 3) Removal of two electrical~weatherheads and masts down to the elecSrical boxes on the north wall of the Council Chambers and plugging the holes. LS Cost $ 100.00 Removal of the 3'-6" x 3'6" existing exhaust vent hood and curbing, 'and frame opening to meet the existing roof line LS Cost = $ 475. O0 Base Bid Plus Alternate Lump Sum Costs $ 13,609.00 The total time for completion of the work will be TWELEVE (12) consecutive calendar days after the commencement of work, and shall constitute the total "Contract Term" should this bid be accepted and approved by the City of Sebastian. SUBMIT YOUR BID iN A SEALED ENVELOPE MAiIKED AS FOLLOWS: BID: CITY COL~CiL CEA~ERS ROOF YOUR RESPONSE MUST BE SUBMITTED TO THE CiTY CLERK'S OFFICE AT SEBASTIA~ CITY HALL, 1225 M_bIN STREET, SEBASTIAN, FL 32958, NO ~, THAN 11:15 A.M. ON MONDAY, AUGUST 19, 1996. BID ACKNOWLEDGEMENT The above unit price shall be considered as a firm bid price not subject to price adjustment unless Bidder's provisions for price escalation are slated on a separate sheet attached to the Bid. B. The Bidder acknowledges that the prices wilt remain firm for sixty (60) days following the date of this bid. Submittals For Bids As Required By "Instructions for Bidde]2~" Three (3) sets of bids shall be prepared by 5he Bidder to include the following: l. Completed Bid Form (Typed or in ink) 2. The required contrgctor's licenses 3. The completed. Public Entity Crimes Form 4. The completed Drug-Free Workplace Form 5. Proof of Insurance Page 2 of 2 BID FORM - CITY COUNCIL CF3~ERS ROOF City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA FORM SUBJECT: Resolution No. R-96-58 Vacation of Easement - O'Grady Lot 13, Block 180, Unit 8 APPROVED FOR SUBMITTAL BY: AGENDA NO. Dept. Origin:~ Date Submitted: ] For Agenda Of: 08/28/96 City Manager: 4/.~+~-.].-g~bits: R-96-58 ~J ] Application ] Survey ] No Objection Letters EX~ENDI~ AMOUNT APPROPRIATION REQUIRED: BUDGETED~ SUMMARY STATEME ,,NT We have received a request for an abandonment of the South six feet, less the West 10 feet thereof, of Lot 13 Public Utilit~ and Drainage Easement, Block 180, Sebastian, Highlands Unit 8. All utilities have been notified and have no objections. Their letters are included in your packet. RECOMMENDED ACTION Adopt Resolution No. R-96-58. RESOLUTION NO. R-96.~8 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DiSCONTINUiNG TIlE SOUTH SIX FEET LESS Tt~ WEST TEN FEET TI~REOF, OF LOT 13, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 180, SEBASTIAN HIGHLANDS UNIT 8, ACCORDING TO TE[E PLAT TI:rE~REOF, RECORDED IN PBI 6-13, 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 EFFECITVE DATE. BE IT RESOLVED BY TFIE 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 land previously dedicated for easement and described as follows: The South six feet less the West ten feet thereof, of Lot 13, Public Utility and Drainage Easement of Block 180, Sebastian Highlands Unit 8, according to the plat thereof, recorded in PBI 6-13, of the Public Records of Indian River County, Florida, repealed. All resolutions or parts of resolutions in conflict herewith are hereby Section 3. River County, Florida. Section 4, upon its passage. RECORDING. This resolution shall be recorded in the public records of Indian EFFECTIVE DATE. This resolution shall be in full force and effect immediately The foregoing Resolution was moved for adoption by Councilmember motion was seconded by Councilmember as follows: · The and, upon being put to a vote, the vote was Mayor Louise R. Cartwright Vice Mayor Walter W. Barnes Councilmember Richard J. Taracka Councilmember Norma $. Damp Councilmember Raymond W. Halloran The foregoing Resolution was duly passed and adopted by the City Council of Sebastian, Florida, this day of CITY OF SEBAS~AN, FLORIDA By: Louise R. Cartwright, Ivlayor ATTEST: Kathryn M. O'Halloran, CMC/A.A.E City Clerk (SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER I I-I~REBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgments, personally appeared Louise R. Cartwrieht and ~ O'.Halloran 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 ~ 1996. Approved as to Form and Content: Valerie F. Settles, City Attorney Linda M. Galley NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: 2 CITY OF SEBASTIAN APPLICATION FOR VSCATION OF EASEMENT(S) !This request shall no be accepted unless completed in full) 'rELEP,,ONE ~o.../.~'-777'~L. TYPE OF ENTITY:* *Individual, corporation, etc. - If corporation apply corporate seal below LEGAL DESCRIPTION OF REAL PROPERTY ON WI{ICl! EASEMENT EXISTS: ,EsC IPTiVE LOCATION EAS . ENT TO ASANDONED: (This item ~o be f~l~ed in by Buil~ ~fi~i~ APPROXIMATE SIZE OF EASEMENT: feet in length in width (Explain in d~tall your need to re/ease this easement) I llEREBY CERTIFY that I, the Applicant, own the real property on which the easement I request to vacate exists, or I am authorized to present this request to vacate by the owner of the real property. Pl~a~ Print Name Hers~ / ~ Attach hereto the following: ( ) 1. Map, plat, survey, or clear drawing at least B 1/2" x 11" showing the parcel of land on which the easement exists, with parcel(s) of land adjacent to the easement requested ko be vacated. SHOW TIlE EASEMENT CLEARLY ON DRAWINg. ( 2. Complete legal description of the parcel of land on which (N/A) the easement exists if the full description cannot be placed on the ltdes provided above for the description. ( ) 3. Written authorization of the owner of the parcel of land (N/A) On which the easement 'exists if the applicant is not the owner. ( ) 4. ( ) 5. IF IT IS NECESSARY TO GRANT BACK ANOTIIER EASEMENT TO REPLACE Tile EASEMENT THAT IS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISll TIlE DEDICATION OF TIiE NEW EASEMENT. 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 application fee is not' refundable. The fee is $25.00. ( )~. OTHER :~ LOT 12 BLOCK 180 BOA RD OF CO UNTY COMMISSIONERS DEPARTMENT OF UTILITY SER VICES 1840 25th Street, Veto Beach, Florida 32960 FAX: (407) 770-5143 August 14, 1996 Ms. Kathryn M. O'Halloran, CMC/AAE City Clerk city of Sebastian 1225 Main Street Sebastian, FL 32958 SUBJECT: SEBASTIAN HIGHLANDS UNIT 8 LOT 13, BLOCK 180 Dear Ms. O'Halloran: The Department of Utility Services has reviewed the attached application for vacation of easement for the South six (6) feet less the West ten (10) feet thereof, of lot 13, Block 180, Sebastian Highlands. We have found that no water of sewer lines exist within said easement. Therefore, we do approve of the abandonment of the above-mentioned easement. Sincerely, Terry H. Drum, PSM G.'r. S. Coordinator THD/c cc: Terrance G. Pinto, Director of Utility Services (CSEBHILN) I AU~ ZO '96 OI:4BPM C~T¥ OF SE'BASTIA~/~~ Citg o,f ~ebas~ian 1~ MAIN ~TRE~ o SE~T~N. FLORIDA T~NE (~7) ~0 a FAX [40~ 5a~55~ ~ OF SE~ I Return to: Linda Galley, City of Sebastian, City Clerk's Offic~ Fax No. I ($61)5S9-5570. 01/94/1994 2i: 29 148748982G8 ~ST LU¢IE OPERATIONS AGE 82 II Cit.~ of Sebastian Return to: Llnda Galley, City of Sebastian, City Clerk's Office, Fax No. (s6Osag.ssTo. Return to: Linda Galley, City of Sebastian, City Clerk's Office, Fax No, ($61)$89-5570. CRAVEN THOMPSON & ASSOCIATES, INC. 2770 Indian River Boulevard, Suite 203 Surveyors Telephone: (407) 778-3002 · Tetefax: (407) 778-3000 July 25, 1996 .. "i~-'-~'_~.,'.]:~...-?.~., Mr , · . s. Kathryn O Halloran, CMC/AAE X ,:~ 1.%~ ~;'t City of Sebastian . 1225 Main Street q "-. . Sebastian, FL 32958 Via Telefax: 589 5570 and US Mail :"<'"'"~ Re: Easement Vacation-South six r6'~/~thd - ~ ~ v~r ten Uu ), Lot 1.h Blpck l$0Sebastian Highlands Unit 8 Dear Mrs. O'Halloran, ' Th/s firm has does not anticipate present or future drainage maintenance or installations by the City within the referenced easement, and therfore no particular objection to the abandonment of the referenced easement. The City is advised, however, that the location of the well may not conform to the requirements of State of Florida Department of Health and Rehabilitative Services regulations, and/or it may impact the ability of nearby property owners to install or upgrade on-site disposal' systems. Si~.,erely, ,. zz& - ~[ot~. V. ~-till, P.E., Vice President ~l~giste_r,~d Engineer 17002 Sta-'t'~Florida City o: Sebastian 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 Resolution No. R-96-$9 ] Vacation of Easement - Switzer ] .\ Lots 22 & 23, Block 258, Unit l0 ] I Dept. O,en: Ci v Clerk , ] Date Sub.ned: 08/22/96 ~PRO~D FOR S~TT~ BY: ] For Agenda Of: Ci~ M~ager: '~ ~ ] E~bits: R-96-~9 ] Application ] Su~ey ] No Objection Le~ers ~Q~D: . B~GE~D: ~Q~D: S~Y STA~~ We have received a request for an abandoment of the No~hwest 4.6 feet of~e Sought 20 foot r~ Public Utili~ ~d Drainage E~emen~ less the No~h~t six feet and the Sou~west six feet ~ereof, °fLoB 22 ~d 23, Block 288, Seb~fian Highl~ds 10. Unit ut~ities have been notified and have no objections. Their le~ers are included ~ your packet. Jo~ ~11, Crave~ Thompson & ~sociates, has recomended that the applicam si~ a Ci~ prepped hold h~ess a~eement, in whch the applic~t agrees that no ~ture claim may be made upon the Ci~ ~ue to dmage ~om any cause that may occur because these improvements encroach on the Ci~ s dr~nageways. The hold ha~ess agreement should mn with the l~d. ~CO~~ED ACTION Adopt Resolution No. R-96-59, subject to the applicant sig~ng a hold ha~ess a~eement as reco~ended by the Ci~'s stomwater consultant. RESOLUTION NO. R-96-59 A RESOLUTION OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTHWEST 4.6 FEET OF THE SOUTHE~AsT 20 FOOT REAR PUBLIC UTK, ITY AND DRAJNAGE EASEMENT, LESS THE NORTHI~AST SIX FEET AND THE Sou'rHWEST SIX FEET THEREOF OF LOTS 22 AND 23, BLOCK 288, SEBASTIAN HIGFfLANDS UNIT 10, ACCORDING TO TH~ PLAT TH]EREOF, REQORDED IN PBI 6-37F, 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 1T RESOLVED BY TFI]E CITY COUNCIL OF TH]E 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 land previously dedicated for easement and described as follows: The Northwest 4.6 feet of the Southeast 20 foot rear Public Utility and Drainage Easement, less the Northeast six feet and the Southwest six feet thereof, of Lots 22 and 23, Block 288, Sebastian Highlands Unit 10, according to the plat thereof, recorded in PBI 6-37F, of the Public Records of Indian River County, Florida. REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. RECORDING. This resolution shall be recorded in the public records of Indian River County, Florida. Section 4, EFFECTIVE DATE. This resolution shall be in full force and effect immediately upon its passage. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R_ Cartwright Vice Mayor Walter W. Barnes Councilmember Richard J. Taracka Councilmember Norma $. Damp Councilmember Raymond W. I-Ialloran The foregoing Resolution was duly passed and adopted by the City Council of Sebastian, ! Florida, this day of ,19 . CiTY OF SEBASTIAN, FLORIDA By: Lotiise R_ Cartwright, Mayor ATTEST: Kathryn M. O%Ialloran, CMC/AAE City Clerk (SEAL) STATE OF FLORIDA COUNTY OF 11'4D~ RIVER I I-IEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgments, personally appeared Louise R. Cartwright and KathLyn M, O'Halloran 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, Plorida, the day of , 1996. · Approved as to Form and Content: Valerie F. Settles, City Attorney Linda M. Galley NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: 2 CITY OF ~EBASTIAN aPPLICATION FOR VACATION OF EASEMENT(S) .(This red, sst shall no be ~ted unless comp!eta~ in full) TELEPIIONE NO. TYPE OF ENTITY:* *Individual, corporation, etc. - If corporation apply corporate seal below LEGAL DESCRIPTION OF REAL PROPERTY ON WIIICH EASEMENT EXISTS: (Attach description on attachment if. necessary) DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED: (This item to be fi%led in by Building Official) ~ . ~-,( 6~& a.~,:,.~:~_,¢¢,~c~,.~, 1~,~ *~ no,~¢,,~ ~ CcC~,,0~~ ~ TYPE OF EASEMENT: ~ ~:~ O.~ 5,~ ~cc~ APPROXIMATE SIZE OF EASEMENT: '~ ~" feet in length/6~~ '~' in width PURPOSE FOR REQUEST TO VACATE: f'Da ~' ~ ~c % ~'~6 ~c~¢~e, ~. (Explain in.detail your need to release this easement) I IlEREBY CERTIFY that Z, the Applicant, own the real property on which the easement I request to vacate exists, or I am authorized to present this request to vacate by the owner of the real proper~y. , ...... ,' : · Slgn~(~ttls, if any) Date Corporate Seal Please Print Name Here Attach hereto the following: ( ) 1. Map, plat, survey, or clear drawing at least 8 1/2" x 11" ahowing the parcel of land on which the easement exists, with parcel(s) of land adjacent to the easement requested to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWINC. ( ) 2. (N/A) ( ) 3. (N/A) Complete legal description of the parcel of land on wl~ich the easement exists if the full description cannot be placed on the l~nes provided above for the description. Written authorization of the owner of the parcel of land on which the easement exists if the applicant is not the owner. ) 4. IF IT IS NECESSARY TO GRANT BACK ANOTIIER EASEMENT TO REPLACE TIIE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISIi THE DEDICATION OF THE 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 applicatio~ fee is not refundable. The fee iS ~25.00. ) 6. OTIiER: Received by the Office of the City Clerk file: abaH.app BLOCK 288 ~,qJ;~,.:O.:O.~el~ll~'':~l~l-- S 34020'Z0" E lZS'O0' .......... CONCRETE DR,VE.AY ~ / lie ~ :'$,oo' P, GLENTRY I LANE )~(~' ( ~0' RIGHF-OF-'9/AY ) LEGAL DESCRI~ION: LOTS 2~ AND 2~. BLOC~ ~88, S~BASTIAN HIGH~NDS UNIT 10. ACCORDING TO THE P~T THEREOF, AS RECORDEDIN ~T B~K 6. PAGES ]7 THRU ]70 OF THE ~BLIC RECORDS OF INDIAN RIVER COUNt, FLORIDA, SURVEYOR'S NOT~S: 1. B~ARINGS SHO~N AR~ BASED ON THE CENTERLIN~ OF ROLLING HILL DRIVE AS N ~S~3g'40' E PER RECORD ~T. ~. NO INSTRUMENT OF RECORD REFLEOlNG EASEmENt. RIGHTS OF ~AY AND~R O~N~HIP ~RE FURNISItED TO THIS SURVEYOR EXCE~ AS SHO~N. NO TITLE OPINION IS ~XPRESS~D OR I~PLI~D. CENTER LOT LINE ~AS~MENT VACATED BY CI~. ~. THIS SURVEY IS NOT INTENDED TO L~TE'EXISTING UNDERGROUND FOUNDATIONS. ENCROACHMENTS OR ANY IMPROVEMENTS A~ 4. ?H~ LOT SHO~N H~REON IS LO~TED IN FLeD ZONE 'X' PER FLOOD INSURANCE RAT[ MAP 12061C~7~ ~. DATED ~AY 4, lgBg. S. ~LEVATIONS BASED ON ASSU~ED DATUM. ELEVATION ASSU~ED ON THE C~NT[RLIN~ OF ~OLLING HILL DRIVE. ABBREVIATIONS: P.P~T ~-~ASUR~D R~-RIGHT OF ~AY ~C-AIR CONDITION R~DIUS A-ARC LENGTH D-D~LTA ( C~NTRAL ANGLE) ~-CENT~RLINE (OV.-COVERED O.U.L-OVERHEAD UTILI~ LINES CONC.-CONCR~T~ PU&D~-PUBLIC UTILI~ D D~INAG~ EASEMENT PL~PROFES~IO~AL LAND SURVEYOR FORM ~O~RD L~A~ION 4-~-I~ FINAL SURVEY 7-1g-1996 N 34°20'20" ~ 125.00',. L BLOCK 288 I..~,.~,l JUL I MAP OF SURVEY CERTIFIED TO: MR &' MRS SU/iTZER MGB CONSTRUCTION, INC. LEGEND: O- FOUND t lZ' IRON REBAR ~ITH PLASTIC CAP STAMPED 'SMITH 1761 ~ - SET 5/8' IRON REBAR '~/iTH PLASTIC CAP STAMPED "PLS 4896' & * FOUND NAIL 6' I-II2' DISK ,&, - FOUND NAIL ~ - SET Pt( NAiL b 1' DISK I~EPARED BY: CECRLE LAND SURVEYING, INC, FLORIDA LAND SURVEYING BUSINESS #6637 1074g HIGHt~AY U.S,I, SUITE A, SEBASTIAN, FLORIDA ~gg58 PHONE (561) 388-0520 CERTIFIED CORRECt, rc THE BES r OF MY K:,!O~LEDGE AND BELIEF IN CONFORMITY ~t; CH THE M!N;k, ILIM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF LANI? SUI~!EYORS, I~IRSUANT TO CHAPTER 61G17-6 FLO~dDA A~MINISTRATIVE CODE. iHIS SURVEY IS PREPARED AND CERTIFIED FOR THE EXCLUSIVE USE OF THE CL!EN? OR CLIENTS NAMED HEREON. THIS SURVEY IS NOT VALID ~qTHOUT TI :E SIGNATURE AND THE ORIGINAL RRSIED SEAL OF ,&naCO'R'I9A LICENSED SURVEYOR AND MAPPER~ THOMAS RAr!DALL L~C. RLE. P.L.S, 4(]96 fRN-2:~&"00 -~RT 22:04 ID: TEL NO: ~06& 'CO~: -- Rct~trn to: Unda Galley, City of Sebastian, City Clerlt's Or,ce, Fnx No.' ($61)589-~?0. I I 08/21/96 09:28 EXECUTIVE SUPPORT NETWORK -~ CITY OF SE]BASTIN I NO,~?~ City of Sebastian 1225 MAIN STRIi~-'T u ~E~~, FLORIDA T~PHONE (40~ ~ o p~ (~7) ~ OF xg~~ ~ a G ~, C of S as~n, C~ C~rk's P003/004 ~U~ 20 'g~ 02: $~M CITY OF ~F~A-~TI~H~ . ii 1~ MAiN ~"RE~T = SEBASTIAN, FLORIDA I T~EPHONE (~7) Sa~30. = FAX (~ ~g-SSTO I I ~~tlon of ~~~ to he abando~d~ ~ ~0R~74 ~zo~) l Return to: Linda Galley, City of Sebastian, City Clerk's Office, Fax No. (561)589.5570. BOARD OF CO UNTY COMMISSIONERS DEPARTMENT OF UTILITY SER VICES 2840 25th Street, Vero Beach, Florida 32960 FAX: (407) 770-5143 August 15, 1996 Ms. Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 Main Street Sebastian, FL 32958 SUBJECT: SEBASTIAN HIGHLANDS UNIT 10 LOT 22 and 23, BLOCK 288 Dear Ms. O'Halloran: The Department of Utility Services has reviewed the attached application for vacation of easement for the Northwest 4.6 feet of the Southwest twenty (20) foot rear public utility and drainage easement, less the Northwest six (6) feet and the Southwest six (6) feet thereof. We have found that no water of sewer lines exist within said easement. Therefore, we do approve of the abandonment of the above-mentioned easement. Sincerely, Terry H. Drum, PSM G.I.S. Coordinator THD/c cc: Terrance G. Pinto, Director of Utility Services (CSEBHILN) 08/23/96 11:55 FAI 407 778 3000 CRAVEN THOMPSON ~002 CRAVEN THOMPSON & A~SOCIATES, INC. Engineers Planners Surveyor~ 27'/0 I~li~ P, iver Boulevard, Suite 203 Veto Beack, Florida ~2960 Telephone: (407) 778.3002 Telefax: (407) 77g-3000 August 21, 1996 /' Mrs. Kathryn O'i-lulloran, CMC/AA.E City Clerk City of Sebastian 1225 Main Street Sebastian, FL 32958 Via Telefax · 589 5570 and US Mail Re: Easement Vacation: Northwest 4.6 feet of the Southwest twenty (20) foot rear public utility and drainage easement, less the Northwest six (6) and the Southwest six (6) feet thereof Dear Mrs. O'Halloran, As stated on August 9, 1996, this firm does not recommend that this encroachment be approved by granting of an easement. This construction could hamper or prevent future drainage maintenance or installations by the City along the adjacent drainage right-of-way. However, since we opined on August 9, we have been informed that this construction is already in-place. If the City believes that the rejection of the apphcation for abandonment would place an un-due hardship upon the applicant, then we suggest that the abandonment could be approved, conditioned upon a City-dratted hold-harmless agreement being signed by the applicant, in which the applicant agrees that no future claim may be made upon the City due to damage from any cause that may occur because these improvements encroach on the City's drainageways. The hold harmless should run with the land..~: Sincerely, ,Thompson & Associates, Inc. , . . President Registered Engineer 17002 ~orida I CRAVEN THOMPSON & ASSOCIATES, INC. Engineers Planners Surveyors 2770 Indian River Boulevard, Suite 203 Vero Beach, Florida 32960 Telephone: (407) 778-3002 Telefax: (407) 778-3000 August 9, 1996 Mrs. Kathryn O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 Main Street Sebastian, FL 32958 Via Telefax: 589 5570 and US Mail Re: Easement Vacation: Northwest 4.6 feet of the Southwest twenty (20) foot rear public utility and drainage easement, less the Northwest six (6) and the Southwest six (6) feet thereof Dear Mrs. O'Halloran, This firm does not recommend that this encroachment be approved by granting of an easement. This construction could hamper or prevent future drainage maintenance or installations by the City along the adjacent drainage right-of-way. Sincerely, Cra,~n Thompson & Associates, Inc. J_phn. V. 1~11, P.E., Vice President l~egist ered~E, ngineer 17002 . rida City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 SUB3-ECT: Resolution No. R-96-60 Vacation of Easement - Hobbs Lot 12, Block 580, Unit 17 APPROVED FOR SUBMITTAL BY: City Manager: AGENDA FORM AGENDA NO. Dept. Origin: Date Submitted: For Agenda Of: Exhibits: City Cler ' 08128/96 R-96-60 Application Survey No Objection Letters EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIKED: SUMMARY STATEM~N~ We have received a request for an abandoment of the north .6 feet of the south six foot side yard public utility and drainage easement. All utilities have been notified and have no objections. Their letters are included in your packet. The Board of Adjustment will address the variance for encroachment into the side yard setback at its meeting of September 3, 1996. Adopt Resolution No. K-96-60. RECOMMENDED ACTION i I RESOLUTION NO. R-96-60 I A RESOLUTION OF TI~ CITY OF SEBAS'llAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING TI~ NOR~ .6 FEET OF THE SOUTH SIX FOOT SIDE I YARD PUBLIC UTIL1TY AND DRAINAGE EASEMENT, LESS ~ WEST 20 FEET THEREOF, OF LOT 12, BLOCK 580, SEBASTIAN HIGHLANDS UNIT 17, ACCORDING TO TItE PLAT ~OF, RECORD~ .F~ INPBi 8-46, 1 PI-rBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTI?NS IN CONFLICT E[EREW1TH; PROVIDiNG FOR RECORDiNG, AND I PROVIDING AN EFFECTIVE DATE. . BE rr RESOLVED BY THE CITY COUNCIL OF ~ CITY OF SEBASTIAN, INDIAN I RIVER COUNTY, FLORIDA, that: ; I ~ VACATION OF EASEMENT. The City of Sebastian, Indian River County, Florida, does herewith vacate, abolish, abandon and discontinue all that portion of land previously I dedicated for easement and described as follows: 1 The North .6 feet of the South six foot side yard Public Utility and Drainage Easement, less the West 20 feet thereof, of Lot 12, Block 580, Sebastian Highlands Unit 17, I according to the plat thereof; recorded in PB1846, of the Public Records of Indian River · County, Florida. 1 S~fion 2. REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby repealed. I ~ RECORDING. This resolution Shall be recorded in the public records of Indian I River County, Florida. . Section 4. EFFECTIVE DATE. This resolution shall be in full force and effect immediately I upon its passage. I The foregoing Resolution was moved for adoption-by Councilmember . The 1 motio.~ll~was seconded by Councilmember and, upon being put to a vote, the vote was I ~s follows: Mayor Louise R. Cartwright Vice Mayor Walter W. Barnes Councilmember Richard J. Taracka Couneilmember Norma J. Damp Councilmember Raymond W. Halloran The foregoing Resolution was duly passed and adopted by the City Council of Sebastian, Florida, this day of ,19 . crrY OF SEBASTIAN, FLORIDA By: Louise R~ Cartwright, Mayor ATTEST: Kathryn M. O%ialloran, CMC/AAE City Clerk (sE ) STATE OF FLOR]DA COUNTY OF 12qDIAN RIVER I I~REBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgments, personally appeared Louise R. Cartwright and Kath~n 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 _, 1996. Approved as to Form and Content: Valerie F. Settles, City Attorney Linda M. Galley NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: 2 RICHARD P. BOGO$1AN* BARBARA B. POWER * AOMI'i'/*ED IN ANrI FLOI~IDA LAW OFFICE,C, OF' BOGOSIAN & POWER 2041 FOURTEENTH AVENUE VERO BlEACH. I~LORIDA '~,2~60 July 22, 1996 TELEPHONE: (407) 567-3400 FACSIMILE: (407) 778-2848 oF COUNSEL DEBRA M, SMITH City of Sebastian City Council & Board of Adjustment 1225 Main Street Sebastian, FL 32958 Re: Application for Vadance and Vacatior~ of Easement Ladies & Gentlemen- I am the attorney for Mr. Larry Eugene Hobbs and Susan E. Hobbs, his wife, who are the owners of following real property: Lot 12, Block 580, Sebastian Highlands Subdivision, Unit 17, as in Plat Book 3, Page 4, of the Public Records of Indian River County, Flodda. 169 Day Ddve, Sebastian, FL 32958. As the enclosed applications for abandonment of an easement and a variance indicate, there was a survey error at the time they purchased this property. They were not aware of the error until they recently contracted to sell the property and a new survey revealed the error in the odginal survey. My clients respectfully request the Board of Adjustment to grant a vadance on this property and also request the City Council to abandon the utility easement. Please let me know if you require any additional information in order to process these applications. Very truly yours, Richard P. Bogosian pb pc: Mr. & Mrs. Hobbs Mr. David Jamar, Remax Attachments to Hobbs Applications The subject residence was constructed by Burgoon-Burger Construction, Inc. on or about December 1993. In connection with the construction, Hayhurst Land Surveying, Inc. survey the property and located the form boards and the house slab on the property for Burgoon-Burger who constructed the house accordingly. The final survey was certified as being correct by Hayhurst to various interested parties including Mr. & Mrs. Hobbs who of course relied upon the accuracy of the survey and occupied the property as their residence. See attached Hayhurst Survey. There did not appear to be any problems with the property until the Hobbs moved from Sebastian and recently contracted to sell the property to Mr. & Mrs. Potzer. As a condition of the buyers obt~g a mortgage from a commercial lender, a new survey was performed by Gruse~r~eyer-Scott & Walker, Inc. of Melbourne and the new survey revealed that the house was in the wrong location and encroached upon the subdivision side-lot drainage easement and also violated the City construction set-back requirement. See attached Gruse~meyer survey depicting the problems. When the buyers, Mr. & Mrs. Potzer, discovered this title defect, they declined to purchase the property ,,,~less these deficiencies were corrected. The buyers are now temporarily resiJ~ng on the property and have given the sellers a ]~m~ted period of time within which to cure the title defects. The attorney for the applicants has personally spoken to Mr. Hayhurst on Thursday, July 18, 1996, and he acknowledges that there was an error in his survey. CITY OF SEBASTIAN APPLICATION FOR VACATION OF EASEMENT(S) (This re.quest shall no be ao_.q~q, ted unless ~ in full) NAME:.. Larry Eugene Hobbs and Susan E. ~r his wife 9942 Turfwa¥, Amt. 1, Orlanc~.t Flc~{a~ 32839 .... ADDRESS: TELEPIIONE NO. (407) 850-9836 TYPE OF ENTITY'* individuals *Individual, corpo~atiOh, etc'." - If corporation S~~e Seal below . IG ~ 0,,7 D,'~,'~ ..,Lot 12,...B1OCk 580r ...~sti.a0. Hi.ghlands...Subdivision~ 0nit ~7.~ as i~ plat .Book ~,= .Page 4, .of .the Pub.l. ic Recp. rds of. Ir~!~n Ri..var County, Florida. %^c=ach oescription o~ attachment"if ~cesS~y) ..... DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED: (This to b. ftll,d in by Building Official) . TY~E O~ EASEMENT : ,.Drainage a~ .u, til!~ aide.lot -~e~_~, t , APPROXIMATE OF EASEMENT:~feet in length 125 in width SIZE PURPOSE FOR REQUEST TO VACATE : ..See attached, information (Expl'~ln in'"detaiS' your need' to r'ele~se tiii~"'~a~mSnt) .... I IlEREBY CERTIFY that I, the Applicant, own the real property on which the eBeement I request to vacate exists, or I em authorized to present this request to vacate by the owner of the property. .~? -' ,. ~ Ri_chard P. ~ogosian Corporate Seal Ple-~ ~-~t ~ame iie~e ' Attach hereto the following: · (X) 1. Map, plat, survey, or clear d~awing at least 8 1/2" x showing the parcel of land on which the easement exists, with parcel(s) of land adjacent to the easement requested to be vacated. SI{OW TIlE EASEMENT CLEARLY ON DRAWING. ( ) 2. Complete legal description of the parcel of land on which (N/A) the easement exists if the full description cannot be placed on the lines provided above for the description. (x) 3. Written authorization of the owner of the parcel of land Lw. I2. ch t,,..as.merit, e.ists if the .pplicsnt is not the ( ) 4. Ir IT iS NECESSARY TO CRANT SACK ANOTIm. EASEMENT TO (N/A) REPr,AC~ T.~. EASEMENT TI{AT IS TO BE VACATEo, ATTAC. A OF EASEMENT TO ACCOMPLISII THE DEDICATION OF TIIE NEW EASEMENT. (X) 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 applicstion fee is not refundable. The fee is ~25.00. ~^ .~ ~ () 6. OTHER: ~c~ ' ~g~/-~ Dote Received by the Office of the City Clerk By: file: ,~bnn. npp ThomaR ant1 Debra PLAT OF LAND SURVEY FOR m~/or CERTIFIED 'lr~j: Leader Federa.1 Bank for Savings, Pro£ees/onal Title of Indian River, S~ewart Title Guaranty Company. DESCRIPTION~tL~S: Lo[ 12, Block 580, SEBASTIAN ~[G~bANDS UNI~-17, as rgcor~e~ i~ Plat ~ook 8, Pag~ 46-46P, Public Records of Indian ~iver County, Florida. ' GRUSENMEYER-SCOTT & WALKER, INC. -- LAND SURVEYORS ;'-'-....- ,. ,,,.,.,,,.,,,,.,.,~ ~.,,..-. ~,.,,._:_-.~ ,,,-,~,~t,~b~'W~,~ Return to: Llnda Galley, City of Sebastian, City Clerk's Oflk~., Fax No.. I BOA RD OF CO UNTY COMMISSIONERS DEPARTME~VT OF UTILITY SER VICES 1840 25th Street, Veto Beach, Florida $2960 FAX: (407) 770-5143 August 15, 1996 Ms. Kathryn M. O'Halloran, CMC/AAE city Clerk City of Sebastian 1225 Main Street Sebastian, FL 32958 SUBJECT: SEBASTIAN HIGHLANDS - UNIT 17 LOT 12, BLOCK 580 Dear Ms. O'Halloran: The Department of Utility Services has reviewed the attached application for vacation of easement for the north 0.6 feet of the South six (6) foot side yard public utility and drainage easement, less the West twenty (20) foot thereof. We have found that no water of sewer lines exist within said easement. Therefore, we do approve of the abandonment of the above-mentioned easement. Sincerely, Terry H. Drum, PSM G.!.S. Coordinator THD/c cc: Terrance G. Pintol Director of Utility Services (CSEBHILN) 08. 21. 96 , 1 122~ MAIN b'I'REET SEBASTiAN, FLORIDA TELEPHONE (407) SB~30 ~ FAX (407) Dese~pflnn nf~~~ tO be abnn~d: ~ORT~.g ~T O~ ~~.20 FEET ~O~FOOT *ZDE ~ P*~C UT~~D D~~E ~~ L=$ ~ ~, ~CO~ ~nr.~ 'l ~ W~. ', ......................... 1 mm~) m~ I Return tO: Linda Galley, City of Sebastiau, City Clerk's Office, Fax No. ! City of Sebastian 1225 MAiN b"TREE'I' o SEBASTIAN, FLORIDA 3~958 TELEPHONE (407) 58~E330 0' FAX (407~ SSg-$570 C2TY OF $~A~TIA~ t of' F~~I~ to se ~smdoned~ ~ NOR~.S ~ OF ~ ~Oe~~ COM~51~CI'S,, Return to: Linda Galley, City of Sebastian, City Clerk's Office, Fax No. CRAVEN Tlt0~IPSON CR~v~ T~o~PsoN & A~SOC~T~S, INC. ?la. ers Surveyors ~ 001 I 2770 Indian River Boulevard, Suite 203 Veto Beaelx, Florida 32960 Telephone: (407) 778-3002 Telefa.x: (407) 778-3O00 August 9, 1996 Revised and Reissued Augsut 23, 1996 Mrs. Kathry~ O'Halloran, CMC/AAE City Clerk City of Sebastian · 1225 Main Street Sebastian, FL 32958 Via Telefax · 589 5570 and US Mail Easement Vacation: North 0.6 feet of the South 6 foot side yard public utility and drainage easement, less the West twenty (20) feet thereof, of Lot 12, Block 580, Sebastian Highlands Unit 17. Dear Mrs. O'Halloran, This firm does not anticipate that this minor encroachment would prevent any future drainage maintenance or installations by the City within the: remainder of the referenced easement, and therefore we have no particular objection to the abandonment of the referenced easements. S cerely, C~ ~ t, Thompson & Associates, Inc. ' [Joh a ~ .~I-Iill, P.E., Vke President [Re~ ist led F~ngineer ! 7002 S~e~ fFIorida . City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 AGENDA FORM SUBJECT: Resolution No. R-96-61 Vacation of Easement - Kingswood West, Inc. Lots 1, 2, 3 and 4, First Addition to the City of Sebastian APPROVED FOR SUBMITTAL BY: AGENDA NO. Dept. Origin: Date Submitted: For Agenda Of: ] City Manager:.~-m~ 'aJ .(~-~-i_ Exhibits: K-96-61 ~/ ] Application ] Survey No Objection Letters APPROPRIATION KEQUIRED: BUDGETED: SUMMARY STATEMENT We have received a request for an.abandonment of the West five foot easement of Lot 1, the East five foot easement of Lot 2, the East five foot easement of Lot 3, and the West five foot easement of Lot 4, the First Addition to the City of Sebastian. All utilities have been notified and have no objections. Their letters are included in your packet. Adopt Resolution No. R-96-61. RECOMMENDED ACTION RESOLUTION NO. R-96-61 A RESOLUTION OF THE ~ OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, AIIOLISK[NG, ABANDONING AND DiSCONTINUING THE WEST FIVE FOOT EASEMENT OF LOT 1, EAST FrvE FOOT EASEMENT OF LOT 2, THE EAST FiVE FOOT EAS~ OF LOT 3, AND TIlE WEST FIVE FOOT EASEM3ENT OF LOT 4, THE FIRST ADDITION TO TIlE CITY OF SEBASTIAN, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 2-70, 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 TIlE CITY COUNCIL OF TH]E 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 land previously dedicated for easement and described as follows: The West five foot easement of Lot 1, the East five foot easement of Lot 2, the East five foot easement of Lot 3, and the West five foot easement of Lot 4, the First Addition to the City of Sebastian, according to the plat thereof, recorded in PBI 2-70, of the Public Records of Indian River County, Florida. REPEAL. All resolutions or pa~ of resolutions in conflict herewith are hereby repealed. RECORDING. This resolution shall be recorded in the public records of indian River County, Florida. Section 4, EFFECrlV'E DATE. This resolution shall be in full force and effect immediately upon its passage. The foregoing Resolution was moved for adoption by Councilmember The was seconded by Councilmember and, upon being put to a vote, the vote was follows: Mayor Louise R_ Cartwright Vice Mayor Walter W. Barnes Councilmember Richard J. Taracka Councilmember Norma J. Damp Councilmember Raymond W. Halloran The foregoing Resolution was duly passed and adopted by the City Council of Sebastian, Florida, this day of 19 CITY OF SEBASTIAN, FLORIDA By: LoUise R. Cartwright, Mayor ATTEST: Kathryn M. O~Ialloran, CMC/AAE City Clerk (SEAL) STATE OF FLORIDA 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 Louise R. Cartwright and ~thrm~M. ~ 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, Elorida, the day of , 1996. Approved as to Form and Content: Valerie F. Settles, City Attorney Linda M. Galley NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: CITY OF SEBASTIAN APPLICATION FOR VACATION OF EASEMENT(S) (This request shall no be accepted unless completed in full~) NAME:Kingswood West, Inc., as General Partner of Shopping Centers, Ltd. ADDRESS:c/o Martin Wall, Attorney, Post Office Box 705, Veto Beach, FL 32961-0705 TELEPItONE NO.(561) 569-5~0 TYPE OF ENTITY:*Florida Corporation *Individual, corporation, etc. - If corporation apply corporate Seal below LEGAL DESCRIPTION OF REAL PROPERTY ON WI[ICII EASEMENT EXISTS: Lots 1, 2, 3, & 4, FIRST ADDITION TO TBE CITY OF SEBASTIAN, less existing road' rights of w~, per Plat recorded Plat Book 2, Page 70, Indian River Co. Public Records. (Attach description on attachment if necessary) DESCRIPTIVE LOCATION OF EASEMENT TO SE ABANDONED: (This item tO be filled in ~{ Building Official) TYPE OF EASEMENT: Drainase and Utility APPROXIMATE SIZE OF EASEMENT: 140 feet in length 5 II0)in width PURPOSE FOR REQUEST TO VACATE: Clear title. Easement runs through Washin~ton Plaza. i appare.n~ly, with shoppin~ center. .appearing to have been permitted and sons- ,rut:ed absent an abandonment, some 25 years ago. (Explain in detail your need to release this easement) I HEREBY CERTIFY tha't I, the Applicant, Own the real property on which the easement I request to vacate exists, or I am authorized to present this request to vagate by the owner of the reel Edgar L, 5chlict, Presiden~ ~n~swood ~est~ Inc.~,Gemral Partner Corp0r~to Seal Please Print Name Here of Shopping Centers, Ltd, (Kingswood West, Inc. is a Florida corporaridn; Shopping Centers. Ltd. 'At%ach hereto the following:is a Florida limited part.rabid) (X) 1. Map, plat, survey, or CleSr drmwin~ at lSsst 8 1/2" x 11" showing the parcel of l~nd on which tho easement exists, 'with paroel(s) of lsnd ad3a~ent to th~ onsement requested to bo vacated, gl{OW TI[~ ~AS~MMNT CLeARlY ON DRAWING. ( ) 2. (N/A) Complete legal description of the Parcel of lsnd on which · the easement exists if the full description cannot be placed on the lines provided above for the description. ( ) 3. (N/A) Wr~'tten authorization of the owner of the parcel of land on which the easement exists if the applicant is mot the owner. ( ) 4. IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO (N/A) REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACll A DEED OF EASEMENT TO ACCOMPLISH TIlE DEDICATION OF TIlE NEW EASEMENT. (X) 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 application fee is not refundable. The (X) 6. OTHER:Certified survey and copy of ?1at attached Date Received by the Office of the City Clerk By: fJ ].e: , I .Roturu to: L~uda f~ll~7, City of 5ebaatiaa, City ClerWa Office, CRAVEN THOMPSON & ASSOCIATES~ lINC. Engin,~ers Plarmers StlP,'e,vors 27711 h~dian River Boulcw~rd, Suite 203 Veto Beach. Flor/da 32960 Telephone: (407) 778-3¢){12 -l'cl~lhx: (407) 778-300(I August 9, 1996 Mrs. Kathryn O'Halloran, CMC/A. AE City Clerk City of Sebastian 1225 Main Street Sebastian, FL 32958 Via Telefax: 589 5570 and US Mail Re: Easement Vacation: West five (5) foot easement of Lot 2, East five (5) foot easement of Lot 3, Block 2, East five (5) foot easement of Lot 4, First Addition to the City of Sebastian Dear Mrs. O'Halloran, This firm does not anticipate present or future drainage maintenance or installations by the City within the referenced easement, and therefore we have no particular objection to the abandonment of the referenced easements. Sincerely~6/// z , Thompson,& ~ssociates, Inc. ill, P.E., Vice President Kegiste~d Engineer 17002 ' t~Florida BOARD OF CO UNTY COMMISSIONERS DEPARTME,VT OF UTILITY SER VICES FAX: (407) 770-5143 1840 25th Street, Vevo Beach, Florida $2960. , ~ ~ ,, ,,. -:f'~' _. August 15, 1996 · ~'~ ..... ~ ' · Ms. Kathryn M. O'Halloran, CMC/AAE City Clerk - City of Sebastian 1225 Main Street ' Sebastian, FL 32958 SUBJECT: FIRST ADDITION TO TH~. CITY OF SEBASTIAN LOT 2, 3 AND LOT 4 Dear Ms. O'Halloran: · The Department · of Utility Services has reviewed the attached application for vacation of easements for the West five(5) feet of Lot 2, the East five (5) feet of Lot 3 and the West five (5) feet of Lot 4, the first addition to the City of Sebastian. We have found that no water of sewer lines exist within these easements. Therefore, we do approve of the abandonment of the above-mentioned easement. Sincerely, Terry H. Drum, PSM G.I.S. Coordinator THD/c cc: Terrance G. Pinto, Director of Utility Services (CSEBHILN) AUG 20 '~6 01:$0~'~ C~TY OF' SF_I~TI~~ City of Sebastian i 1225 MAIN ~I:IEET m SEBASTIAN, FI,QRIDA 32958 TFA. EPHONE (407) $8g-~330 [] FAX (407) 589-r'~70 ~ D~mtan ~ ~~ to b~ ~.ndon~ T~ ~ ~ FOOF~ OFLOT ~ OF ~~ ~ A~O~: ~ ~~. ~L~~r~O~ D~: ......... ~ .... ~'" I i COUNT;: _ - I ' ~ Rc u~ t~: LIu~ ~lley, Ci ce, Fax No. (z~Dzs9 ~zvo. City of Sebastian i ~oY~~ I i " I I E~tu ~stiau, i~ Cie k', 0~ F~ (SS~)ss~-ssvO. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Bids / Runway 4-22 Re-construction Project Approval For Submittal By: City Manager. ,~?~/,,,~ (z,) ~,~ ~ ); ) ) ) ) ) AGENDA NO ) Dept. Origin: City 'Manager Date Submitted: 8/22/96 For Agenda Of: 08/28/96 Exhibits: - Greiner, Inc. Recommendation Including Bid Tabulation Sheet EXPENDITURE REQUIRED: $401,836.00 AMOUNT APPROPRIATION BUDGETED: $528,000.00 REQUIRED: -0- SUMMARY The bids for the Runway 4-22 Reconstruction Project were based on the request for bids. Four responses were received. The bids were reviewed by Greiner, Inc. (Attached for your convenience is the bid tabulation prepared by Greiner, Inc.) Martin Paving Company is the apparent low bidder. Martin Paving Company's base bid of $399,496.00 is $37,074.00 below the engineer's'estimate, while their bid for the base bid plus Alternate A of $401,836.00 is $81,534.00 below the engineer's estimate. Therefore, it is recommended by Greiner, Inc., that the City of Sebastian award the contract to Martin Paving Company for base bid plus Alternate A (pending FDOT approval) in the amount of $401,836.00. All necessary documents required by F.D.O.T. have been sent and received. Based on a conversation with Mr. Irwin Oster of the Ft. Lauderdale office of FD.O.T., they are sending a letter allowing Sebastian to proceed with awarding the bid and contract to the lowest complying bidder. RECOMMENDATION Approve a motion to award the contract to lowest bidder, Martin Paving Company for the Runway 4-22 Reconstruction Project for the base bid plus Alternate A in the amount of $401,836.00. ~ ! Greiner, Inc.. m~ 315 East Robinson Street Suite 245 Orlando, Florida 32801-1975 FAX: (407) 423-2695 g , 996 V100010.00 Mr. Tom Frame ~ City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 ! Re: Sebastian Municipal Airport Runway 4-22 Reconstruction Project (FDOT WPI NO: 482534914825310) Dear Tom: Enclosed please find a Bid Tabulation Sheet for the referenced project. Bids were received at the City Council Chambers' until 2:00 pm when they were collected and opened. I was provided with the bid form from each of the four bidders and developed the attached bid tabulations. The base bid from Ranger Construction Company contained arithmetic errors, however they were not the apparent iow bidder. The apparent Iow bidder, Martin Paving Company's bid was arithmetically correct. Martin Paving Company's Base Bid of $399,496.00 is $37,074.00 dollars below the engineer's estimate, while their bid for the base bid plus Alternate A of $401,836.00 is $81,534.00 below the engineer's estimate. Therefore we recommend that the City of Sebastian award the contract for Base Bid Plus Alternate A to Martin Paving Company (pending FDOT approval) for the bid amount. I hope that this information meets your needs, if you have any questions, please do not hesitate to contact me. Sincerely, Greiner, Inc. Eric Nielsen, P.E. Air Transportation Division Manager eric. CC: Paul Wagner / City of Sebastian Purchasing Terry Hill / City of Sebastian Thursday. August Z2, 1996 04:21:17 PIvi=DOT- Dist 4 -PTO -Aviation Section Page 1 of I August 22, 1996 Mr. Thomas W. Frame, City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mr. Frame: Subject: Authorization to Award Sebastian Municipal Airport - Runway 4/22 Reconstruction WPI No. 4825310 We have reviewed the bid tabulation you submitted for the subject project as it relates to the specificaxions of work to be completed, and the comparison to your consultant's estimate. Legal aspects of the bid award were not addressed because it is considered the responsibility of the Sponsor to ensure compliance with all applicable laws, statutes and ordinances. We concur with the analysis of your consultant, Greiner, Inc., and hereby issue an Authorization to Award the contract for B~e Bid Plus Alternate A to the apparent low bidder, Martin Paving Company. Please keep this office advised of the status of this project as it progresses. We look forward xo meeting with you for the preconstruetion conference. Sinoerely, Harry Downing Aviation Supervisor Public Transportation Office HD/ Nancy Bungo, FDOT - Dist 4 PTM Irwin Oster, P.E., FDOT - Dist 4 Asst. PTM Eric Neilsen, P.E., Gremer Inc. file WPI No. 4825310 ADMLNISTRATION § 2-66 meeting. At the council meeting, emergency items may be considered by the unanimous decision of the members of the city council present at the meeting. (Code 1980, § 2-16) Char~er reference-Procedure for meetings, § 2.12. State law reference-PubLic meetings, F.S. § 286.011 et seq. Sec. 2-34. Expenses of council members. Any council member desiring to be reimbursed for expenses that he or she will incur in connection with any conference, meeting, program, institute, seminar or other function which the council member intends to a~end on behalf o£ the city and/n furtherance o£ the business of the city, shall fn-st seek the prior approval from the city council. Upon the prior approval of the city council by a vote of not less than three council members in attendance at a city council meeting, the expenses incurred by a council member who attended a conference, meeting, program, institute, seminar or other function on behalf o£ the city and in furtherance o£ the business o£ the city, shall be reimbursed by the city subjec~ to the limitations contained in the laws o£ the. state, including, but not limited to, F.S. ch. 11£, as amended from time to time. (Ord. No. 0-93-07, § 1, 4-14-93) Secs. 2-35-2-55. Reserved. ARTICLE IH. OFFICERS AND EMPLOYEES~ DIXrlSION 1. GENERALLY Secs. 2.56-2.6§. Reserved. DIVISION 2. CITY MANAGER? Sec. 2-66. City manager. The city manager shall be the chief executive o~cer of the city, appointed by the city council. The c/ty manager shall become ves~ed in accordance with the employment agreement between the city manager and the city. (Code 1980, § 245) Charter reference-Powers .and duties of city manager, removal o£ employees, § 3.04. ' Charter references- Council-employee relationship, § 2.10; investigations by council, § 2.11; administration and legal departments, ar~. Hi; charter officers, §9 3.01--3.03; city clerk, § 3.05; police department, § 3.06 et seq.; city attorney, § 3.09. Cross references-Finance department, § 2-106 et seq.; airport manager, § 22-29; building department created, § 26-33; manager o£ the golf course, § 74-32. State law reference-Code of ethics, F.S. § 112.311 et seq. *Charter references-Char~er officer, § 3.01; appointment, § 3.02; removal, § 3.03; city manager powers and duties, etc., § 3.04. Cross reference-CitY manager to prepare and submit ~he budget to city council, § 2-87. Cit~ 0£ Sebastiaz~ 1225 MAIN STREET - SEBASTIAN. FLORIDA 32958 TELEPHONE (561) 589-5330 - FAX (561) 589-5570 MEMORANDUM DATE: TO: FROM: SUBJECT: August 7, 1996 All City. Departments Thomas W. Frame, City. Manager ~ co). ~ Travel Policy , In order to properly manage amd administer the t-raveling of city personnel, t am issuing the attached administrative po]icy regarding travel. The policy is being generated to standardize requests and reimbursements. This po]icy shall take effect on October 1, 1996. Please convey this policy to all applicable divisions and personnel within your area of supervision. , Should you have any questions regarding this matter, please contact me accordingly. I Cit7 0£ Sebastmz 1225 MAIN STRE?-'T _- SEBASTIAN, FLOJ IDA 32958 TELEPHONE (40 ) S89-S330 _2 FAX (407) 58%5570 October 1. 1996 TRAVEL POLICY This travel policy is applicable to all Departments for all travel and for any purpose. This travel policy is in accordance with the State statute for Per diem and travel expenses (F.S. 112.061). a) Authorization for Education and/or Travel 1. All travel requiring expenditure of City funds, with the exception of local mileage &/or meal reimbursement only, must have the AUTHORIZATION FOR, EDUCATION A_ND/OR TRAVEL form (Attachment 1) completed and signed prior to making any travel commitments. (i.e.: calling for price and availability is encouraged; however, do not make hotel or travel ticket reservations prior to signed approval). Remember that the City does no.._[ pay tax on hotels within Florida (a Tax Exemption Certificate is available from Finance and must accompany the check to the hotel). 2. The department requesting travel authorization must complete the TRAVEL COST ESTIMATE portion at the bottom of the authorization form Z0..gz to City Manager approval. Include amount Budgeted and Available for Objects 409 and 543 to show that funds are available for the trip. General Guidelines: a. Overnight Travel - ifa single day or the first day of a seminar/conferenCe is ove_._zr 100 miles from Sebastian and starts at or before 9:00a. m. - overnight accommodations are authorized for the night before the meeting. (actual meeting must start at this time, not reg/stration starting at 9:00 a.m.) b. Local travel is considered anywhere.within the area where the traveler can depart and return without requiring overnight accommodation. This travel can only include meals, mileage and toils. This is within the decision authority of the ~ c. Receipts must always accompany the Expense Voucher (Attachment 2) except for mileage and meals which are paid as follows (outside the vicinity): Breakfast = $ 3.00 Travel begins before 6:00 a.m. and extends past 8 a.m. Lunch = $ 6.00 Travel begins before 12:00 and extends past 2:00.p.m. Dinner = $12.00 Travel begins before 6:00p.m. and extends past 8 p.m. b) .-~-'rer appro,~al, checks for hotel, travel tickets, advance per diem or mileage may be requeSted by. the Department Head on a memorandum to finance. Attach the signed Authorization for Education and/or Travel form to the memorandum. (Per Diem and mileage/tickets are paid from Object 409; and, Registration expense is paid from Object 543) c) If the trip or education is not performed: d) e) I) cancel hotel reservation and request return of payment (if paymem was requested) 2) notify school and see if registration can be refunded (if payment was requested)' 3-) notify common cartier (airline. train or bus) and return tickets for refund 4) notify finance that trip has been canceled 5) complete EXPENSE VOUCHER form (Attachment 2) (if advances were paid) and return any advance Per Diem. Upon completion of the trip and within 5 business days, the traveler is required to complete the EXPENSE VOUCHER form (Attachment 2). He/she includes all expenses, including hotel and common carder tickets, by date. )all expense receipts (except for meals and mileage) must be attached to the voucher. After totaling expenses across and summing down the total column, identify the amounts previously paid (including registration, mileage, hotel &/or per diem) in the block beside <ADVANCE>. Finance will ,compute the amount due to the traveler or to be refunded to the City by the traveler. Local travel &,/or meal allowance may be authorized by the Department Head. Mileage or meal reimbursement mav be paid from perry cash; however, the Expense Voucher form must be completed to be reimbursed by Finance for the expenses. r OM S City Manager AdmimpoFS-7-996 AUTHORIZATION FOR EDUCATION AND/OR TRAVEL N~/~E OF ~MPLOYEE: DE PA~_~ ,.~iENT: DATES FOR EDUCATION AND/OR TRA%-EL: LOCATION: NAME OF SEM!NA~ CONFERENCE: REASONS FOR ATTENDENCE PUBLIC PDtPOSE: NAME & LOCATION OF HOTEL AND DATES OF RESERVATION: MEANS OF TRAVEL: APPROVED: APPRO¥~D: APPROVAL CO5~NC ! L (iF NECESSARY) : DEPARTMENT HE~%O CITY ,_va~NAGER ATTACH PROGP~%M OR AGENDA. (M3aNDATORY) COMPLETE TRAVEL COST ESTIMATE PRIOR TO APPROVAL Object 543: Registration Cost $ Avai!able:$ Make Check to: Hotel Expenses: Make Check Payable to: for nights at $ per night equals $ HoUe! & Per Diem E~menses are charged uo Objec~ 409 Per Diem & Mileage Expenses (Make ~heck payable to above person.) Mileage( at $0.29 per mile) = $ Common Carrier Ticke5 <round urip)= $ Per Diem Ess±mate: $ Object 409: Budget: $ Avai!able:$ Budget: $ Attachment ~ ~>;o :~<: Om ©© ~ -< m z~ ITl City of Sebastian 1225 MAIN STREET 7_ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 : FAX (561) 589-5570 MEMORANDUM DATE: TO: FROM: SUBJECT: August 22, 1996 The Honorable City Council Thomas W. Frame, City. Manager Proposed Change Order #1;to C.R. McLelland, Inc. Contract (Glentry/Concha Repair) to repair Lake and Wimbrow Basin out fall Attached is a letter from Mr. John Hill regarding the above referenced change order. This particular problem was outlined and presented in Mr. Hill's workshop on stormwater held on August 8, 1996. As you recall this is the location where the retaining wall was adjacent to the ditch, which due to "siphoning", was undermining behind the retaining wall. This was caused by an broken ouffall pipe through the bulkhead on Collier Creek. As John Hill indicated, ff some action was not taken soon, the retaixdng wall most likely would collapse potentially causing damage to the existing home. The Council has two options; i) declare an em, ergency and authorLze the change order increasing the contract from $84,069 by $54,639.00 to a new total of $138,708.00 and increasing the term of the contract from 90 calendar days to 150 calendar days; or ii) Putting the project out for bid. Based on the comments of John Hill, it appears to be prudent to move forward with the project and approve the Change Order #1. Should the Council opt to approve the change order, it needs to appropriate the additional funding from the Undistributed Non-departmental account. Sufficient funds are available for that appropriation. Recommended Action: Based on the existing conditions with the erosion that continues to occur, and based on the recommendations of .Mr. John H_ill with Craven Thompson and Associates, approve the change order and authorize the execution by the City Manager along with appropriation of 54,639.00 from the Undistributed Norj/ departmental account. " ¢~. ~ ,~-/ ~_.__... CRAVEN THOMPSON & ASSOCIATES, INC. Engineers Ptanncrs Sul-vt:vors 2771) Indian River Boulevard, Suite 2{)3 V~:ro Beach, Florida 32960 'I't~lcphon¢: (4{)7) 778-3002 T-lelhx: (407) 778-3¢)00 August21,1996 Mr. Thomas Frame City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Lake and Wimbrow Basin Outfall Repairs Proposed Change Order No. 1 to C. K. McLellan Contract for Glentry Concha Repairs Dear Mr. Frame, On August 8, we wrote to you and the Council concerning the ouffall failure at Wimbrow Drive, just north of Lake Drive. The repair of this failure situation is urgent because of the danger posed to the adjacent structure and the potential for blocking the outfall 'for +_30 acres with some 50 homes therein. Repair and replacement plans are complete, and we expect to file immediately for a Noticed General Permit with St. John's River Water Management District. Due to the urgency of this situation, we expect a quick response from the District. There are two ways to proceed with the repairs: (1) go through a formal bid procedure which can be expected to take about, eight weeks; or (2) order the contractor working on the Glentry Concha Repairs to complete these repairs as well, under a Change Order to the existing contract. Option 1, Bidding, will delay the completion of tl~ese repairs during the bidding and contracting period. It is not known whether this would result in a lower cost than Option 2, Change Order, nor would it be known unless bids were actually taken. Option 2, Change Order, has the advantage of getting 'the work started and thus completed much sooner. Also, there will be no cost for mobilization of this contractor. Eleven of the unit prices from the original bid will apply t6 this project; five items were not bid items in the original contract, but negotiated unit prices which are in-line with area industry standards. One unit price item was lowered by' $6,500 to reflect site conditions at Wimbrow Drive. An. analysis of the unit prices follows: CRAVEN THOMPSON & ASSOCIATES. INC. ;\ugusl 2 I, 1996 Mr, Thomas ~:rallle City Manag,,.'t City of Seba:.aian 1225 Main Street ~ebx~tian. FI. 3295~ RE: ~ka and Wire.ow Basin Omlhll Rapai~ l~*po~d Change Ord~ No. I lo C, R. McI~llan Conl~ fi~t Gk~l~' Coneha R~ai~ ANALY37S OF 7'HE UNIT' PRICES FOR IHE PROPOSED CHANGE ORDI'~R: CO-1.5 backfiliAL rERNATEand restoreN°' l:l~avementRemove existing cul,~ert. I EAi $3050,00 CO-1.6 Comply wit~ Park'S\ Chapt[; 553.6, F.S.' .... LUMP. LIbMP $1000.00 CO-1.7 Trench dewatenng LUMP" LUMP $2500.00 ~:~~ $2500.00 ~teS,l:lg~.'.~ ~.~.========================= CO-1.9 Furnish & Install R.C.P 38"x60" 208 LF. $68.00 ~.',.e..~!~ $'14144.00" CO-1.11 Furnish & Install Flowable Grout ~ Retaining 23 CY." !$120.00 ~i~}i ii ~5/~3~':~: $2760.00 cO-1.13 : Construct 38"x 60" R.C.P thru Bulkhead 1 EA. $1500.00 ~~:"-'-:::~ $1500~00 CO-1.14 Fill Re~xads & Grass Swale ~eh .... ;' '300 LF. ' i$1.85 ~~~. ~'....:~ $925.00 CO' i. 15 Furnish & Install Floritam Sod ' 920'" SY. 'd - CO-1.18 Road Restoration 168 SY. : S28.00 CO~1.19 Final Site.Restoration ,, I LS. :$2000.00 TOTAL CIt.4J~GE ORDER No. 1 ~ $54.639.0.~0 CRAVEN THOMPSON & ASSOCIATES, INC. .\u~ust 21. 1996 Mr. '['hol11~,x Frame City 3, l.'ulager City ol'$¢b:lstian 1225 Mare Street Scbasllan. Fl, 32958 '{.~k~ ~d Wim~w B~in Outthll R~i~ The Proposed Change order amount is $54,639.00, which would be added to the present contract with C. R. McLellan. It should be noted that a significant portion of the cost for this project, as well as the urgency, is a result of the old, private retaining wall that was actually constructed well into the City's drainage easement. This clearly demonstrates the need for the City to diligently prevent encroachments into these easements throughout the City: The additional time to complete is 60 days; . however, based on the Contractor's progress and assurances, we believe that the job will be completed sooner if dry weather prevails. Based on these reasons, CTA recommends that the City authorize Change Order N°. 1 to the Glentry Concha Kepairs Contract with C. K. McLellan, Inc. for the amount of $54,639.00 and 60 days contract completion time. Sincerely, G~aven Thompjon & Associates, Inc. /IotTn V.'~-Iill, P.E., Vice President ' {Kegister~fl Engineer 17002 lofida CC: Ms. Series, Ci~ Anomey ~a Telef~ GLENTRY CONCHA DRAINAGE REPAIRS CHANGE ORDER CHANGE ORDER No. I TO: City Clerk's Office, Sebastian City. Hall 1225 Main Street Sebastian, Fl, 32958 PROJECT: GlentD' Concha Drainage Repairs CONTRACTOR: CONTRACT DATE: C. R. McLellan, Inc. Augt~st I, 1996 The undersigned Contractor proposes and agrees, if this Proposed Change Order is accepted, to modify. Contractor's Agreement with the City of Sebastian to furnish all materials and labor in accordance with the Contract specifications and Plan Sheets D 1 through D4, "Lake & Wimbrow Drainage Repairs" and all regulations, laws, permits, and governmental requirements and standards pertaining thereto: Glentrv Concha Drainage ,.R....epairs Unit Price Per the Followim Schedule of Unit Prices: ITEM DESCRIPTIO'I~I ...... ~TY.' UNIT UNIT ....... ITEM TOTAL NO. BID CO- 1.1 MobilizaUon 0 LS. CO-1.2 Maintenance of Traffic ..... I LS. $750.00 $750.00 .C0-1.3 Remove Existing Headwalls 0 EA. CO-lA Permanently Plug Pipe Ends 0 EA. CO-1.5 ALTERNATE No. 1: Remove e.,dsting culvert. 1 EA. $3050.00 $3050'00 ... backfill and restore pavement CO-1.6 Comply with Part VI, Chapter 553.6, F.S. LUlv[P LUM2P $1000.00 $1000.00 "Trench Safety Act" SUM SUM ALL TRENCHES >5' DEEP CO-1.7 Trench dewatering LUlv~ LUlvlP $2500.00 $2560.00 SUM SUM CO-1.8 Furnish & Install FD-(~'~'T'vpe H Inlet 2 EA. $4500.00 $9000.00 CO-1.9 Furnish & Install R.C.P 38"x60" 208 LF. $68.00 $14144.00 CO-I.10 Furnish'& Install Concrete Headwall 38x60 1 EA. ' '"""~;/50.00 ' $3750.00 CO-1.11 Furnish & Install Flowable Grout ~ Retaining Wall 23 CY. $120.00 $2760.00 CO-1.12 FurniSh. Haul. Place & Compact Common Fill 520 CY. $4.70 $2444.00 CO~i. 13 Construct 38"x 60" R.C.P thru Bulkhead 1 EA. $1500.00 $1500.00 CO~1.14 Fill. Regrade & Grass Swale Area 500 LF. $1.85 $925.00 CO-1.15 Fm-nish & Install Flontam Sod 920 SY. $2.35 $2162.00 CO-1.16 ReplaCe Concrete Drivew.a.,v.... 1 EA. $750.00 $750.00 CO-I. 17 Clear .clean. and re,made existing neighborhood 100 LF. $32.00 $3.200.00 Coac~'ard) ditch area CO-1.18 Road Restoration ............ 168 SY. '"'$28.00 CO-1.19 Final Site Restoration 1 LS. $2000.00 $2000.00 CO-1.17 Road Restoration 168 SY. $28.00 $,~704.00 cO- I. 18 Final Site Restoration' 1 LS. $2000.00 $2000.00 PROPOSED CHANGE ORDER ACKNOWLEDGMENT A. The above umt price shall be considered as a firm bid price not subject to price adjustment. B. The CONTRACTOR acknowledges that the prices will remain firm for sixty (60) days following the date of this proposed Change Order. If approved prior to the (60) day expiration, the proposed Change Order costs are effective through completion of project. CHANGE ORDER No. 1 SUMMARY: Original Contract Price: $84,069 ~ Current Contract Price, as adjusted by Change Orders ~.N/A ... through N/A · $ Change to the Contract Price due to this Change Order No. 1:$54,639.00 The Contract Price after approval of this Change Order No. 1 will be: $138,708.00 Original Contract Time: 90 Calendar Days Current Contract Time, as adjusted by Change Orders N/A through N/A · Change to the Contract Time due to this Change Order No. 1:60 Calendar Days The Contract Time after approval of this Change Order No. 1 will bei 150 Calendar Days RESPECTFULLY SUBMITTED BY: C. R. McLellan, Inc., CONTRACTOR BY: 'BY: WITNESS: signature signature NAME: · NAME: TITLE: ADDRESS: DATE: DATE: Address: 5030 Minton Road, Suite 4, Palm Bay, Florida 32907 -ACCEPTED BY: City of Sebastian BY: signature Thomas M. Frame City Manager DATE: : 1225 Mare Street, Sebastian, Florida 32958 BY: WITNESS: signature Kathryn M. O'Halloran, CMC/AAE, City Clerk DATE: City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~: FAX (407) 589-5570 SUBJECT: RESOLUTION R-96-62 TO ESTABLISH A LIST OF TRADES TESTED AND/OR LICENSED Approved for Submittal By: Sity Manager.~~~z~ ) Agenda Number: ) ) Dept. Origin: ) ~ Date Submitted: ). ) For Agenda of: ), )'Exhibits: ) ) ) ) ) ) Community Development (RM) 8/2.1/96 ' , ......... ..... 8/28/96 Resolution R-96-62 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At their meeting held 7/11/96, the Sebastian Construction Board made and passed unanimously a motion to recommend to City Council to adopt the recommended list of trades to be tested and/or licensed. RECOMME~DED ACTION Move to adopt Resolution R-96-62. RESOLUTION NO. R - 96 - 62 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ' 'PROVIDING THAT THE CONSTRUCTION LICENSING.' BOARD SHALL ESTABLISH A LiST OF TRADES TESTED AND/OR LICENSED AND APPROVED; ESTA~LISII1NG THE MANNER IN WtIICH SUCH LIST SHALL BE CREATED; APPROVING A LiST OF TRADES TESTED AND/OR LICENSED; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT KEREWiTH; PROVIDING FOR ; SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WKEREAS, the Construction Licensing Board ("Board") of the City of Sebastian ("City") is responsible for the certification of contractors and trades pursuant to Chapter 26 of the Sebastian City Code of Ordinances; and WKEREAS, the City Council of the City of Sebastian, Florida, "City Council" has determined that it is in the best interest of the citizens of the City to limit the trades which are tested and/or licensed or permitted, and WKEREAS, the Board has adopted a list of trades which are tested and/or licensed or permitted; and WgHr~REAS, the City Council wishes to ratify this procedure and provide that it will be continued; NOW, ~REFORE, BE IT RESOLVED by the City Council of the City of Sebastian, as follows: Section 1. That the Board of Construction Licensing shall establish a list of categories for trades which are tested and/or licensed or permitted within the City. This~q list, which shall be approved by the City Council, shall be available for inspection at thex, City Building Department. Only trades which are approved for testing win be ~'O~t,o~ take the Block and Associates proctor test sponsored by the City. Letters of reciprocity regarding the Block and Associates proctor test will only be provided to those persons who have received a certification from the City for the trade for which the letter is being requested. Section 2. The list of trades tested and/or licensed and approved which was approved by the Board on July 11, 1996, a copy of which is attached hereto and incorporated herein by this reference is hereby approved. Section 3. hereby repealed. All resolutions or parts of resolutions in conflict herewith are Section 4. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the resolution shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumexl that the City Council would have enacted the remainder of this resolution without said invalid and .unconstitutional provision, thereby musing said. remainder to remain in full force and effect.. Section 5. and adoption. This Resolution shall go into effect immediately upon its passage The foregoing Resolution The follows: was moved for adoption by Councilmember motion was seconded by Councilmember and, upon being put to a vote, the vote was as Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor there upon declared this Resolution duly passed and adopted this day of ,1996. CITY OF SEBASTIAN, FLOR/DA By: Louise R. Cartwri~t, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney A. Examinations will be required for certification in the following trade categories: Air Conditioning Air Conditioning Air Conditioning Commemial Air Conditioning Residential Air Conditioning Residential Jry Building Contractor General Contractor General Engineering HARV Journeyman Electrician Journeyman Mechanical Joumeyman Plumber Master Electrician Master Plumber Master Plumber with Gas Mect~anical Contractor Residential Contractor Residential Electrician Residential Plumber Aluminum Aluminum/Concrete Aluminum Erection Asphalt Sealing & Coating Boiler Installation Burglar Alarm Burglar and Firm Alarm Carpentry Concrete Forming and Placing Concrete Placing and Finislling Demolition Dredging Drywall Drywall, Lath and Plaster Electrical Maintenance Journeyman Electrician, Residential Elevator Excavating Fire Alarm Fire Sprinkler Gas Contractor Master Gas Journeyman Gas Gasoline Tank and Pump Glass and Glazing Gunite High Pressure Gas Pipeline Insulation, All Types Insulation, Building Irrigation Spdntder Lathing Lightning Protection Systems Madne Masonry Masonry/Concrete Mobile Home Set Up & 'lie Down Over'head Utilities Painting Paving Commercial Unlimited Paving. Residential- Pile Driying Pipefitter Pipefitter Journeyman Plant Construction Plant Electrician ' Plastering Pneumatically Applied Concrete and Pressure Grouting Pressure and Process Piping Pre-Stressed Pre-Cast Concrete Refrigeration Refrigeration Joumeyman Reinforcing Steel Placing Roofing. Unlimited Sheet Metal Sheet Metal Journeyman Sign Contractor, Electrical Sign Contractor, Non-Electrical Sign Electrician (Widng Only) Sign Electrician Journeyman (Widng only) Solar Heating Installation Structural Steel Swimming Pool, Commercial Swimming Pool, Residential Swimming Pool Maintenance & Repair Terrazo Tile, Terrazo and Marble Transport Assembly Installation TV and Radio Underground Utilities Underground Transmission Lines Welding B. The following trade categories are not tested but must receive certification from the City: Finish Carpentry Communication & Sound Acoustical Ceiling Decorative Metal Canvas Awnings. Fence Erection Floodng TV Antenna & Tower Windows & Doom City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Approval of Resolution R-96-63 approving a conceptual design for a walkway along the east side of Indian River Drive and authorizing the staff to submit said design to the Florida Department of Transportation for consideration Approval for Submittal By: ) ) ) ) ) ) ). ) ). City Manager Agenda Number: Dept. O~rigin: Date Submitted: For agenda Of: Exhibits: 1. 2. Community Dev.~~kf''''' 08/21/96 08~28~96 Resolution R-96-63 Report on conceptual design of walkway east of Indian River Drive EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Florida Department of Transportation (FDOT) is currently designing bike lanes and a sidewalk along Indian River Drive. The bike lanes as currently proposed, would add. five feet of pavement to each side of Indian River Drive. The proposed sidewalk would be six feet wide running parallel to the pavement. It is the staff opinion that this design would increase the perceived width of the roadway resulting in high speeds. In addition the sidewalk design is unimaginative and adds little to enhancing the riveffront area. The Staff met with the FDOT staff in Ft. Lauderdale on June 28 to discuss possible alternative designs. FDOT was very cooperative and indicated a strong'desire to work with the City of Sebastian to build what the City wanted. It was agreed that the.bike lanes were not necessary, the sidewalk could be replaced with an eight foot wide walkway and the walkway could meander where right-of-way clearance allowed. The major restriction was that the walkway must stay on the certified right-of-way. The City staff indicated that they would develop a conceptual design, have it approved by the City Council and submit it to FDOT for detailed design. The redesign would take approximately six months. On July 29, a walk through of the proposed walkway was conducted by the Riverfront Committee, the Citizens Advisory Task Force and several members of the public. On August 5 the Riverfront Committee held a meeting to dis, cuss the conceptual design of the sidewalk. Public input was received at that meeting. The Riverfront Committee approved a recommendation to the City Council. On August 13, the Citizen Advisory Task Force held a meeting to discuss the conceptual design of the sidewalk. Public input was received at that meeting. The Citizen Advisory Task Force approved a recommendation to the City Council. RE COM1KENDED ACTION Adopt Resolution R-96-63 approving a conceptual design of a walkway east of Indian River Drive and authorizing the staff to submit the conceptual design to the Florida Department of Transportation for consideration in the redesign of the walkway. RESOLUTION NO. R-96-63 A RESOLUTION OF Tile CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORII)A, SUPPORTING A CONCEPTUAL DESIGN FOR A WALKWAY LOCATED EAST OF INDL6aN RIVER DRIVE: AUTItORIZING TIlE CITY MANAGER TO SUBMIT TIlE CONCEPTUAL DESIGN TO TE[E FLORIDA DEPARTMENT OF TRANSPORTION, PROVIDING · 'FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITIt; PROVIDING FOR SEVERABIL1TY; AND PROVIDING FOR AN EFFECTIVE DATE. WltEREAS, the Florida Department of Transportation is designing bike lanes and a sidewalk along Indian River Drive; and WItEREAS, the City of Sebastian .has adopted an "Old Florida FiShing Village" as the theme for the riveffront area &the City; and WItEREAS, the City of Sebastian has determined that the proposed design of the bike lanes and a sidewalk is inconsistent with the theme of the riveffront area; and WIIEREAS, the City of Sebastian desires to provide input to the Florida Department of Transportation on the design of a walkway in the riverfront area; and WE[EREAS, the Riverfi'ont Advisory Committee and the Citizens Advisory Task Force has received public input on the design of the walkway and has recommended a conceptual design for the walkway, NOW, TitEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. SUPPORT. The City Council hereby adopts the conceptual design for the walkway east of Indian River Drive, Attached hereto as Exhibit "A". Section 2. AUTHORIZATION. The City Manager is authorized to submit said conceptual design to the Florida Department of Transportation for their consideration in the redesign ofthe walkway. Section 3. CONFLICT. conflict are hereby repealed. All resolutions or parts of resolutions in Section 4. SEVERABILITY, In the evem a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional~ provision, h shall be further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. upon final passage. EFFCTIVE DATE. This Resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmemeber and, upon being put to a vote, the vote was as follows: Mayor Louise k Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard I. Taracka, day of The Mayor thereupon declared this Resolution duly passed and adopted this. ., 1996. CITY OF SEBASIAN, FLOR2DA ATTEST: By: Louise R. Cartwright, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (seal) Approved as to Form and Content: Valerie Settles City Attorney Conceptual Design Indian River Drive Walkway The Flodda Department of transportation is currently designing bike lanes and a sidewalk for Indian River Drive in the City of Sebastian. The City of Sebastian desires to provide input into the design of that facility. The following is a narrative of the conceptual design supported by the City of Sebastian. General Concep~ 1. The City would support the deletion of the bike lan~s on both sides of Indian River Ddve. The City supports the construction of an eight foot wide walkway on the east side of Indian River Ddve where feasible. 3. The City supports a design of long gentle curves where feasible. The City supports the use of impressions or sea shells in the concrete rather than a brushed or troweled surface. The City supports the use of concrete patterned crosswalks across Indian River Ddve. The City supports a ten foot separation between the edge of pavement and the walkway except in areas to avoid encroachment on existing buildings or historical parking areas. The City supports the relocation of trees, including cabbage palms and bamboo where ever feasible rather than cutting down the trees. The City will assist in the cost, if necessary, for the installation of decorative handrails rather than the traditional DOT, design. The City supports the use of paver bdcks in areas where future improvements to stormwater facilities are programmed to occur. 10. 11. The City supports the use of' paver bdcks in public parks (Riverview and Main Street Boat Ramp) to provide areas for locating bencl3es in the future. If necessary, the City will develop and install signs which read "Private Property, Please Respect", or the equivalent, at locations were the public leaves the walkway and trespasses on pdvate property. $oecific Comments From the Old Sportsman Lodge to Harrison Street - an 8 foot walkway, 10 feet from edge of pavement except in front of the Old Sportsman Lodge, providing a gentle curve around the fire hydrant. From Harrison Street to Coolidge Street - At Harrison Street begin a curve to the existing boardwalk (avoid straight lines). If possible, replace existing board- walk with the walkway to improve handicapped access. Provide a concrete patterned crosswalk at the end of the existing boardwalk into the park. (Eliminate the proposed sidewalk from Hardson Street to the proposed crosswalk.) At Coolidge Street, provide a concrete patterned crosswalk. At the north end of Riverview Park, provide paver bdcks to tie together the walkway, crosswalk, existing picnic table and histodc monument. : From Collidge Street to Cleveland Street - 8 foot walkway, 10 feet from edge of -pavement. At Cleveland Street, provide a concrete patterned crosswalk. From Cleveland Street to a point where the right-of-way narrows to 66 feet - shift the walkway east in the right-of-way as a long gentle curve. From the point where the right-of-way narrows to 66 feet to Station 645 (just south of Washington Street) - An 8 foot walkway made of long, gentle curves to work around fire hydrants and other obstructions. Delete' a concrete patterned crosswalk at Martin Ave. There is not a sidewalk on the other side to connect. Two large trees will make it difficult to place a sidewalk there in the future. From Station 645 to Station 650 - An 8 foot walkway, 10 feet from edge of pavement. Use paver bdcks to delineate walkway across driveways. Provide a concrete patterned crosswalk at Washington Street (north side).' Station 645 to Station 655 - At the Main Street Boat Ramp, the walkway should follow the shoreline, not along Indian River Ddve. Paver bdcks should be used to establish a place to locate benches in the future. Remove large concrete slabs in park. On the north side of the Main Street Boat Ramp, the existing sidewalk that is failing should be removed, as well as the large concrete stab. A concrete patterned crosswalk should be provided across Indian River Drive to the south side of Main Street. The sidewalk adjaCent to the boat ramp, on the north side, should be extended to the crosswalk. Paver bricks should be utilized on the north side in anticipation of the replacement of a major stormwater pipe in that area. The paver bdcks should provide locations for benches in the future, and tie together the boat ramp, walkway, crosswalk and historical marker in the area. In front of the little red house north of Main Street, paver bdcks will .be used to match the color of existing bdcks in the area. The walkway should be shifted toward the pavement (within 3 to 4 feet) and narrowed to 6 feet. This will avoid conflicts with the existing structure and landscaping. If necessary, a curb should be provided. If a curb is used, provide a ddveway cut for parking north of the house. The walkway should be extended in this manner to station 655. I I I I I I I I I I I 10. 11. 12. 13. 14. 15. · 16. 17. (In addition, the City acknowledges that parking has historically occurred on the right-of-way at this location. Provisions will be made to allow the histodc parking for the current owner and use (if the owner changes or the use of the land changes, alternative parking must be identified by the owner). The design will provide for parking adjacent to the fence north of the house and plant trees along the-north property line of the Main Street Boat Ramp. The existing landscaping will be maintained including the cabbage palms. Pruning by the City will be allowed) From Station 655 to Jefferson Street - An 8 foot walkway, 10 feet from edge of pavement. ~ From Jefferson Street to just south of Station 660 (east of Taste of Philly) - shift the walkway toward the street. (3 to 4 feet from the edge of pavement). Reduce width to 6 feet. If a .curb is required, provide a ddveway cut to allow parking east of walkway. (The City acknowledges that parking has historically occurred on the right-of-way at thi~ location. Provisions will be made to allow the histodc parking for the current ~se. From just south of Station 660 to Station 667 (south of Off Shore Madne) - an 8 foot walkway, 10 feet from edge of pavement, where' possible. Wetlands and slope may force walkway closer to pavement. Provide a long gentle curve around fire hydrant. From Station 667 to north property line of Hurricane Harbor - shift the walkway toward the street (3 to 4 feet from the edge of pavement). Reduce width to 6 feet. If a curb is required, provide a ddveway cut to allow parking east of walkway at Off Shore Madne and for the ddveway on the north side of Hurricane Harbor. Provide a curb cut for pedestrian access at Hurricane Harbor. From north property line of Hurricane Harbor to Station 675 - an 8 foot walkway made of long, gentle curves to work around fire hydrants and other obstructions. From Station 675 to north boundary line of Captain Hirams - an 8 foot walkway, 10 feet from edge of pavement. From north boundary line of Captain Hirams to a point approximately 250 feet north - an 8 foot walkway made of a long, gentle curve. From a point approximately 250 feet north of Captain Hirams to approximately Station 683 - an 8 foot walkway, 10 feet from edge of pavement. From approximately Station 683 to Station 687 + 50 - an 8 foot walkway made of long, gentle curves to work around fire hydrants and other obstructions. From Station 687 + 50 to approximately Station 690 + 80 - an 8 foot walkway, 10 feet from edge of pavement. 18. From approximately Station 690 + 80 to approximately Station 693 - an 8 foot walkway made of long, gentle curve. 19. From approximately Station 693 to approximately Station 697 - an 8 foot walkway, 10 feet from edge of pavement. Provide a concrete patterned crosswalk at Davis Street (south side). The staff recommends that the walkway stop at this. point. The P, iverfront Committee and the Citizens Advisory Task Force recommend that the walkway continue to the north city limits. ONE*WAY I:al K',:' ~-AN E; WALK AND BIKE LANE WIDTHS L WHEELCHAIR RAMP AT CURB I ---~E~ P~GE; of cure ~---- FACE; O~ BUILDING JOIN? ~ CONTROL JOINT ~PROVlDe KEY ". AT CONSTRUCTION JOINTS CON?~OL JOIN? ~ WALK AND CURB JOI N'I'~ ROCK SALT Spraed on troweled surface and press in. Wash salt away after concrete hardens+ ProteCt blent- lng. BROOM SURFACE Use s~iff bristle for coarse tex- ture. Use sof~ bristle on steel troweled surface for fine tex- ture. EXPOSED AGGREGATE Seed aggregate uniformly onto surface. Embed by tamping. Af- ter setup, brush lightly and ctean with spray. If using aggregate mix, trowet and exDose by washing fines or use a retarder. TROWELED Use wood float for coarse tex- ture. Use steel float for fine texture. PRESSED OR STAMPED Stock patterns are availab Use integral or dry shake colo Joints may be filled with m, tar. NONSLIP Apply silicon carbide (sDarkti[' or aluminum oxide at 1/4 1/2 psf; trowel ligt~tly. WALK SURFACES AN William T. Mahan, AiA; Santa Barbara, California PEDESTRIAN PLANNING City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407)589-5330 g FAX (407) 589-5570 SUBJECT: Approval of Resolution ) R-96:64, authorizing the Mayor to ) sign, and the staff to submit a ) historical grant application. Approval for Submittal By: ) ) ) ) Agenda Number: ~'/~ Dept. Origin: C, ornmunity. Dev. (RM) Date Submitted: For agenda Of: Exhibits: 1. 2. 08121/96 _ 08128/96 Resolution R-96-64 Memo from Solin and Associates, Inc. EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRIATION REQUIRED: SUMMARY STATEM~ENT Chapter 163, Florida Statutes, requires local governments to adopt a comprehensive plan and to update that plan every five years. Sebastian is required to update its plan by January, 1998. The statutes also provide that the plan consist of ten required elements and ten optional elements. One of the optional elements is an historical and scenic preservation element. This element would set out plans and programs for those structures or lands in the area having historical, archaeological, architectural, scenic, or similar Significance. In July, the City received notice of the availability of a grant-in-aid program by the Florida Department of State for assistance in historical preservation projects. The state anticipates that approximately $1,200,000 will be available for local assistance. Three categories of projects have been identified by the state: Survey, Registration (National Register), and Planning. The number one planning priority is the development of historical preservation elements of local comprehensive plans. The state staff has indicated that funding up to $5,000 may be available for the preparation of that element. This is required to be matched 50/50 in the form of cash or allowable in kind services. In the City Manager's proposed budget, $50,000 has been recommended for the preparation of the 1997 comprehensive plan as required by state law. The use of grant money is one way to enhance the productivity of that budgeted amount. The development of an historical preservation element will also enhance the city's success · in receiving grants in the future for historical prese_rvation purposes. Attached is a copy of a memo from $olin and Associates, Inc. with an estimate of the cost to prepare a historic and scenic element (histod.c p~eservation element). Authorization is needed for the Mayor to sign a civil rights assurance of compliance, for the City Manager to sign and submit the grant application. RECO~I). ED ACTION Approve resolution R-96-64 supporting the grant application, authorizing the Mayor to sign the civil rights assurance of compliance, authorizing the City Manager to sign and submit the grant application. RESOLUTION NO. R-96-64 A RESOLUTION OF TKE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING AN APPLICATION FOR A FII~TORICAL RESOURCES GRA2~~IN-Am, AUTHORIZING TE[E MAYOR TO SIGN A crVIL RIGHTS ASSURANCE OF COMPLIANCE, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT THE GRANT-IN-AID APPLICATION, AND PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian is required to update the City's comprehensive plan; and WI][EREAS, the City of Sebastian desires to include a historical preservation element as an optional element in the updated comprehensive plan; and WI:i-EREAS, the Florida Department of State has announced the availability of funds through a Historical Resources Grant-in-aid program for the preparation of said historical preservation element; and WHEREAS, the City of Sebastian desires to utilize funds through said Historical Resources Grant-in-aid to complete a historical preservation element; and WHEREAS, the Riverfront Advisory Committee has recommended that the City Council support an application for said Historical Resources Grant-in-aid, NOW, TFI~REFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF ~ CITY OF SEBASTIAN, IND~ RIVER COUNTY, FLORIDA, that: Section 1. SUPPORT. The City Council hereby supports the application for a Historical Resources Grant-in-aid in the amount of $3,000 to be matched by the City. Section 2. CIVIL RIGHTS ASSURANCE OF COMPLIANCE. The Mayor of the City of Sebastian, Indian River County, Florida, is hereby authorized to sign the civil fights assurance of compliance, attached hereto as Exhibit "A". Section 3. AUTHORIZ~,TION. The City Manager is hereby authorized to sign and submit to the Florida Department of State the application for a Historical Resources Grant-in-aid in the amount of $3,000 to be matched by the City. Section 4. CONFLICT. conflict are hereby repealed. All resolutions or parts of resolutions in Section 5. SEVERABIL1TY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall be further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional proVision, thereby causing said remainder to remain in full force and effect. Section 6. upon final passage. EFFCTIVE DATE. This Resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmernber The motion' was seconded by Counci!memeber and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright , Vice-Mayor Walter W. Barnes Couneilmember Norma J. Damp Couneilmember Raymond Halloran Councilmember Richard J. Taracka day of The Mayor thereupon declared this Resolution duly passed and adopted this ,1996. CITY OF SEBASIAN, FLORIDA ATTEST: By: Louise R. Cartwright, Mayor Kathryn M. O'Halloran, CMC/AA.E City Clerk Approved as to Form and Content: Valerie Settles City Attorney SOL, IN ANCI A~SO[:~IATES, INC:. . I~CANNING OONSULTANT~ ~aC)I DOU~d..AS AVE.. SuI'rE ALTAMONT~ SPlq]NC~, FL ;~;~71 407.,~82-72C0 FAX 4CI7-8~.7205 MEMORANDUM i August 21, 1996 TO: Bob Ma~relli, Director Planning Department I City of Sebastian FROM: SUBJECT: Lester L Solin, Jr., AICP, Principal Thomas R. Tempia, AICP, Planning Operations Manager Solin and Associates, Inc. Historic Preservation Element Pursuant to your request we have developed a tenative work program outline and budget for developing a Historic Preservation Element for thc City of Sebastian. The work program outline and budget is based upon past experience as well as a cu~uary review of several other cities' Historic Preservation Elements. TASK '" HOURS '- I F'~E$' 1.00 Introduction $.00 - 6.00 $400 - $480 2.00 Inventory of Historical Resources 10.00 - 16.00 $800 - $1,280 3.00 Analysis of Historic Preservation 24.00 - 32.00 $1,920 - $2,S60 4.00 Go~ Objectives and Policies 24.00 - 32.00 $1,920 - $2,560 T~OTAL -- Historic Preservation ~ement 63.00 - 86.00 $~,040 - $6,880 Optional: Preparation of a Historic 32.00 - 40.00 $2,$60 - $3,200 Preservation Ordinance LPA City The proposed work program does not include additional presentations w the or Council beyond the scope of our existing Agreement with the City. Ail public wor~ and hearings on the Element shall be handled by Staff. AUG 21 '96 0B:0~ .SO&IN AND ~. 9G0 POB HISTORIC PRESERVATION ELEMENT PROPOSED WORK PROGRAM OUTLINE ClTY OF SEBASTIAN iNTRODUCTiON 1.01 Purpose and Intent of Element 1.02 H/story of Sebastian INVENTORY OF HISTORICAL RESOURCES 2.01 Description of Ideated Hi~rieal Structures 2.02 Desc~pfion of the Architecture of Sebzzfian 2.03 Description of Identified Archaeological Resources 2.0~ Description of Other Historical Resources ANALYSIS OF HISTORIC PRESERVATION 3.01 Description of Preservation Measures A. Evaluating Hhwfic~ Resources 1. National Register of I-N,swr/c Places 2. Flor/da Master Site 3. Local Designated H/stor/e Sites or Landmarks Federal HistoficPreservafionPrograms I State I-r~stor/c Presewation Programs Local Histor/c Preservation Techniques 3.02 Description of Local and Non-Loc~ HhWfic Preservation Organization~ 3.03 Description. of Current Local Historic Preservation Actions 3.04 Description of Hiswfic Preservation Issues Addressed in Other Comprehendve Plan F. Jements' GOALS, OB.IF. CTIVES 'AND POLICIES ONAL: PREPARE HISTORIC PRESERVATION ORDINANCE City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407)589-5330 [] FAX (407)589-5570 AGENDA TRANSMITTAL SUBJECT: Ordinance No. 0-96-22 Agenda No. Dept. Origin: Finance Date Submitted: 08/22/96 Approved For Submittal By For Agenda of: 08/28/96 Exhibits: Ordinance 0-96-22 EXPEND I TURE REQUIRED: $89,130 AMOUNT BUDGETED: $ 0 APPROPRIATION REQUIRED: $89,130 SUMMARY STATEMENT In that the City is the recipient of Housing and Urban Development economic assistance in the form of a ~Community Development Block Grant (CDBG). The City Council desires to establish a separate fund for revenue obtained from the CDBG and expenditures incurred by the City, in accordance with applicable State and Federal law. A budget has been developed containing estimated~'CDBG revenue and expenditures. RECOMMENDED ACTION Move to adopt Ordinance 0-96-22 establishing- a separate special revenue fund and approve the estimated budget for the CDBG Fund. ORDINANCE NO. O-96-22 AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA~ CREATING AND ESTABLISHING A SPECIAL REVENUE FUND FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND ADOPTING A CDBG BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE ACTIVITIES OF THE CDBG PROGRAM AND ESTIMATING RECEIPTS FOR THE FISCAL YEAR; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida, is the recipient of Housing and Urban Development economic assistance in the form of a Community Development Block Grant ("CDBG"); and WHEREAS, the City Council desires to establish a separate fund for revenue obtained from the CDBG and expenditures incurred by the City, in accordance with applicable State and Federal law; and WHEREAS, a budget has been developed containing estimated CDBG revenue and expenditures for the current year; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. There is hereby established and created a Community Development Block Grant ("CDBG") Special Revenue Fund. All monies collected as a result of the City's Community Development Block Grant are specifically appropriated to the CDBG Fund. Section 2. The budget of the CDBG Fund for the Fiscal Year beginning October 1, 1995 and ending September 30, 1996 a copy of which is attached hereto and incorporated herein by this reference as Exhibit "A", is hereby adopted and the appropriations set out therein are hereby made to maintain and carry on activities of the program. Section 3. If any clause, section, or other part of this Ordinance shall be held by any ! Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Ordinance. Section 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Ordinance was advertised in the Vero Beach Press Journal for a public hearing on September 25, Councilmember The motion was seconded by Councilmember and, upon 1996, at which time it was moved for adoption by being put to a vote, the vote was as follows: Mayor Louise Cartwright Vice Mayor Walter Barnes Councilmember Norma Damp Councilmember Richard Taracka Councilmember Ray Halloran The Mayor thereupon declared this Ordinance duly passed and adopted this ,, 199 __ day of CITY OF SEBASTIAN, FLORiDA ATTEST: By: Louise Cartwright, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Valerie Fernandez Settles, City Attorney. 3 REVENUE Intergovernmental Transfer-In TOTAL REVENUE EXPENDITURE Operating Expenses Capital Outlay TOTAL EXPENDITURE CITY OF SEBASTIAN CDBG FUND EXHIBIT "A" PROPOSED FY 95 - 96 $ 89,100 30 $ 79,130 10~000 $ 89.13Q City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 I.: FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Ordinance No. 0-96-23 Approved For Submittal By City Man~ger ~k~~ A~enda No. Dept. Origin: Finance Finance Direc to .~~~ Date Submitted: 08/22/96 For Agenda of: 08/28/96 Exhibits: Ordinance 0-96-23 EXPEND I TURE AMOUNT REQUIRED: $0 BUDGETED: $0 APPROPRIATION REQUIRED: $0 SUMMARY STATEMENT In that the City entered into an agreement with Indian River County to construct the Riverfront Waterline Project. The City initiated the procedure to impose a special assessment in the amount of $700,378 for the Project. The City retains the right to collect the revenue from the special assessment, but must pay the principal and interest on the loan to the Barnett Bank of the Treasure Coast. RECOMMENDED ACTION Approve first reading of Ordinance 0-96-23 and set second reading and public hearing for September 25, 1996. ORDINANCE NO. 0-96-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ESTABLISHING AN AGENCY FU~D FOR THE RIVERFRONT WATERLINE ASSESSMENT PROGRAM; PiROVIDING FOR SEVERABILITY; PROVIDING ~OR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida, entered into an agreement with Indian River County to construct the riverfront waterline project; and WHEREAS, the City initiated the procedure to impose a special assessment in the amount of $700,378 for the project; and WHEREAS, the City retains the right to collect the revenue from the special assessment, but must pay the principal and interest on the loan to the Barnett Bank of the Treasure Coast; NOW, THEREFORE, .BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. There is hereby established and created a Riverfront Waterline Assessment Agency Fund. All monies collected as a result of the payment of assessments are specifically appropriated to the Fund. Section 2. If any clause, section, or other part of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This Ordinance shall become effective upon the date of adoption. Section 5. This Ordinance was advertised in the Vero Beach Press Journal for a public hearing on September 25, 1996, at which time it was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise Cartwright Vice Mayor Walter Barnes Councilmember Norma Damp Councilmember Richard Taracka Councilmember Ray Halloran The Mayor thereupon declared this Ordinance duly passed and adopted this 199 __day of CITY OF SEBASTIAN, FLORIDA By: Louise Cartwhght, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Valerie Fernandez Settles, City Attorney I i City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-55,70 AGENDA TRANSMITTAL SUBJECT: Ordinance No. 0-96-23 Agenda_ No. Dept. Origin: Fina/~ce · FinanceDirect~'~/ Date Submitted: 08/22/96 Approved For Submittal By Exhibi ts: City Manager /~~~-~~/~ For Agenda of: 08/28/96 Ordinance 0-96-23 E~ENDITURE AMO~T ~QUI~D: $0 B~~D: $0 APPROPRIAT I ON REQUIRED: $ 0 SUMMARY STATEMENT In that the City entered into an agrgement with Indian River County to construct the Riverfront Waterline Project. The City initiated the procedure to.impose a special assessment in the amount of $700,378 for the Project. The City retains the right to collect the revenue from the special assessment, but must pay the principal and interest on the loan to the Barnett Bank of the Treasure Coast. RECOMMENDED ACTION Move to adopt Ordinance 0-96-23 establishing a separate fund account for the colle6tion and payment of the assessments. ~,.Ci,~i to ORDINANCE NO. 0-96-23 AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA ESTABLISHING AN AGENCY FUND FOR THE RIVERFRONT WATERLINE ASSESSMENT PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, indian River County, Florida,~ entered into an agreement with Indian River County to construct the riverfi.ont waterline project; and WHEREAS, the City initiated the proc. edure to impose a special assessment in the amount of $700,378 for the project; and WHEREAS. the City retains the fight to collect the revenue fi.om the special assessment, but must pay the principal and interest on the loan to the Barnett Bank of the Treasure Coast; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. There is Assessment Agency Fund. hereby established and created a Riverfront Waterline All monies collected as a result of the payment of assessments are specifically appropriated to the Fund. Section 2._._._....._: If any clause, section, or other part of this Ordinance shall be held by any Court of competent jurisdiction to be Unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This Ordinance was 'advertised in the Vero Beach Press Journal for a public hearing on September 25, 1996, at which time'it was moved for adoption by Cotmcilmember ~ The motion was seconded by Councilmember being put to a vote, the vote was as follows: and, upon Mayor Louise Cartwright Vice Mayor Walter Barnes Councilmember Norma Damp Councilmember Richard Taracka Councilmember Ray Halloran The Mayor thereupon declared this Ordinance duly passed and adopted this , 199__ day of CITY OF SEBASTIAN, FLORIDA By: Louise Cam~ght, Mayor ATTEST: Kathryn Mi O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Valerie Fernandez Settles, City Attorney City of Sebastian SUBJECT: First Reading for Ordinance O-96-24, amending the Code of Ordinances regarding parking in residential areas 1225 MAIN STRF_~ U SEBASTIAN, FLORIDA 32958 TELEPHONE (407)589-5330 [] FAX (407)589-5570 Agenda Number: ~'- Dept. Origin: Co--unity Approval for Submittal By: City Manager 'ff/t~ ~' ~ ) ) ) ) Date Submitted: For agenda Of: Exhibits: 1. ,.,08a1~6 08~8~6. Ordinance 0-96-24 EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the October 4, 1995 City Council Workshop, the Council reviewed Parking Ordinances Nos. 0-95-03 and 0-95-23. The Council directed the staff to develop an ordinance based on the discussion at that meeting and to bring it back to the Council. The former City Attorney developed a draft ordinance and the staff has reviewed it. The staff has added a couple changes. These are: 1. defining a truck (see (e)), 2. defining how long a vehicle could be parked in a street right-of-way before it is noticed, 3. including RV, road tractors, semi-trailers, etc. as what cannot be parked in a handicapped space.' 4. towing of unsafely parked vehicles (requested by the Police Department), and 5. 48 hour notice unsafely parked vehicles that are not an immediate danger (requested by the Police Department). RECOMMENDED ACTION Approve first reading of Ordinance O-96-24 and set second reading and public headng for September 25, 1996. ORDENA.NC~ NO. 0=96=24 AN ORDiNANCE OF TI~ CITY COUNCIL OF TEiE CiTY OF SEBASTIAN, FLORIDA~ A1WF~NDiNG Ti:rE CODE OF ORDiNANCES, RESTRICTING PARKING iN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS'OF-WAY, PROVIDiNG DEFINrIIONS, SETTING PENALTIES FOR VIOLATIONS, PROVIDiNG FOR METHODS FOR ENFORCEMENT, PROVIDiNG FOR SEVERABILITY, PROVIDiNG FOR CODIIZiCATION, PROVIDiNG FOR CONFLICTS, AND PROVIDiNG FOR AN EFFECTIVE DATE. ~ WHEREAS, the City Council of the Ch3~ of Sebastian, Florida, believes that it is in flae best interests of the health, safety, and general welfare of the community to amend ~ ordinances restricting parking in residential districts and on street rights-of-way of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~ CiTY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 98-32 oft. he Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Section 98-:}2. Verbal notice of unsafe parking; refusal to obey. When the parking of a vehicle interferes with the safety of the general inl~ts of the city and a police officer has detennin&t that the vehicle is so parked, he shall make every effort to notify the owner or driver of the vehicle, giving the owner or driver the opportunity to remove the vehicle fi.om the parking location If the owner or driver refuses to remove the vehicle fi.om such location a~er notification by the police officer, he shall be deemed in violation of this section. When a Police Officer has made every effort to notify the owner or driver of a vehicle found to be unsafe~ parked. ' but isnot an immediate danger to the pubic, a 48 hour tzg_. will be posted on the.¥ehic!e If the vehicle is not moved within 48 hours, the vehicle will.he.towed at the owners expense. Section 2. Section 98-36 of the Code of Ordinances, City of Sebastian, Florida is hereby mended to read as follows: Section 98-36 Parking in Residential Districts and on Street Rights-of-way (a) As used in this Section, the term "Vehicle" means any automobile, truck, or other vehicle designed for operation on streets or roads, but not including: (1) Recreational vehicles as defined in section 20A~5.16 of the Land Development Code. (2) Road tractor, serhi-trailer, or heavy equipment as defined in section 20A-5.16.1 of the Land Developmem Code. (3) Motorcycles, mopeds, bicycles, lawn tractors, golf cans, road rollers, or vehicles which mn only upon on a track (b) For purposes of this section, a vehicle shall be considered to be parked if it is stopped other than for the purpose of and while actually engaged in loading or unloading merchandise or passengers. (c) No vehicle may be parked on. any lot in any residential district, except in an enclosed structure, unless said vehicle is...c3n-rently licensed, registered, and (d) No vehicle displaying a "for sale" sign may be parked on any street fight-of- way. (e) No truck or van with .dual rear axles or dual rear wheels ~ · --,v .... J ........ ~, shall be parked on any street right-of-way. No vehicle may be parked on any street rice. bt-of-way for more than 72 hours at ~_~ one time. Any vehide parked on any street right-of-way in front of any ~ lot which is not removed within 48 hours aiter a notice requiting removal has been posted on the vehicle by the City will be towed at the owner's No vehicle, recreational vehicles as defined in section 20A. 5,16,A, 6, of the I_and Development Code_ or road tractor, semi-trailer, heaw equipment as defined in s~'tio, n__20A-5.16.1.A_ oft. he Land Development Cqde, motorcycles, mopeds, bicycles, lawn trlctors. ~olf cans. or road rollers shall be parked in any parking space designated with the international symbol of accessibility or the caption "Parking By Disabled Permit Only," or with both such symbol or caption, unless such vehicle displays a parking permit or license plate issued pummnt to I:.S. ~ 316.1958, 320.084, 320.0842, 320.0843, 320,0845, or 320.0848 and such vehicle is occupied by a person elig~ole for such a license plate or parking permit. However, any person who is chauff~g a disabled person shall be allowed, withctat need for an identification parking permit or special license plate, momentary parking in any such parking place for the purpose of loading or unloading a disabled person. No penalty shall be imposed upon the drive for such momentary parking. Any violation of this Section shall be a civil infraction, subjec{ to a maximum civil penalty of $100.00 per day, or a civil penalty of $50.00 per day if the person committing-the civil infraction does not contest the citation. When a police officer has determined that a vehicle is so oarked that it causes an immediate ..danger to the safety .of the general inhab_il.ants of the, ciw, thc police officer will have the vehicle towed at the own,ers expense Section 3. 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, re, lettered, a.nd the word "ordinance" may be changed to "Section"," ' " Article, or such other word or phrase in order to accomplish such intention. Seetion 4. CONFIiCT. All other 'Ordinances or pans of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. SEVERABH.~. 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 Section 6. EFFECTIVE DATE. This Ordinance shall become effective mediately upon its passage and adoption. PASSED BY THE CITY COUNCiL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS w DAY OF , 1996. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS __ DAY OF ~, 1996. The foregoing Ordinance was moved for adoption by The motion was seconded by Councilmember Councilmember and, upon being put hato a vote, the vote was as follows: Mayor Louise Ih Cartwright Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran CounciLmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted 1996. this t day 'CITY OF SEBASTIAN, FLOR1DA Louise Ih Canvcfight, Mayor ATTEST: Kathryn M. O~-Iallorma, CMC/AAE (s l) Approved as to Form and Content: Valefie Settles City Attorney of · · City of Sebastian ]225 MAIN ~R[=~ [] SEBASTIAN, FLORIDA 32?.58 TELEPHONE (407)58%$330 ~ FAX {407)589-55~0 SUBJECT: First reading of ) Ordinance 0-96-25, Mini-storage in ) PUD-C (Planned Unit Development - ) Commercial) ) ) Approval for Submittal By: ) Date Submitted: ). ) Manager ~7~ ~ ~~'f~''-~ ~,,~/~c~ ~ For agenda Of: City ) ~ Exhibits: ) ) 1. ) EXPENDITURE REQUIRED: AMOUNT BUDEGETED: Agenda Number: Dept~ Origin: Community Dev.. (RM) 08/19/96 08~28~96 Ordinance 0-96-25 APPROPRIATION REQUIRED: S~Y STA ,TE~NT Commercial Planned Unit Development (PUD(C)) allows light industrial development in those areas with a future land use classification of General Commercial. The Land Development Code limits the type of light industrial uses allowed. Mini-storage is not included. Mini-storage has be interpreted to be allowed in the industrial (IN) zoning district. The Planning and Zoning Commission at the November 2, 1995 meeting voted to recommend to the City Council that the Land Development Code be amencted to define mini-storage and to include mini-storage as a permitted land use in PUD (C)._ The staff in pre0adng the ordinance for this recommendation determined that the recommendation woula inadvertently prohibit mini-storage in the industrial zoning classification. The matter was taken- back to the Planning and Zoning Commission to determine if that was their intent, At their August 15, 1996 meeting, the Planning and Zoning Commission voted to recommend to the City Council a definition of mini-storage and to include, mini-storage as a permitted use in PUD(C ) and iN. zoning districts, RE COMMENDED ACTION Approve first reading of Ordinance O-96-25, set first public headng for September 11, 1996, and set second reading and public headng for September 25, 1996. ORDINANCE NO. 0..96-25 AN ORDINANCE OF TKE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING TI~ LAND DEVELOPMENT CODE REGARDING PERMITTED LAND USE IN COMMERCIAL PIANNED IYN1T DEVELOPMENT, .PERMITTED LAND USE IN ~ iNDUSTRIAL DISTRICT, PROVIDING FOR A DEFINITION OF RIINI-STORAGE; PROVIDING FOR COD]3FICATiON; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIIXI~; AND PROVIDING FOR AN EFFECITVE DATE. ~ W]~REAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to permitted land uses in COmmercial planned unit development, permitted land uses in the industrial district, and providing for a definition of mini-storage; and Wltlv~S, 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 coimmmity to do so, NOW TI:W~REFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF ~ CITY OF SEBASTIAN, FLORIDA, TItAT: Section 1. Section 20A-4.6.H.2. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: 2. Light industrial development. Light industrial development may be allowed only in those areas, if any, of a commercial PUD zone having a land use classification of General Commercial (CG). The total land area proposed for light industrial development shall not exceed fffi3' (50) percent of the total developable land area with a general commercial land use designation. a. All such uses shall comply with all performance standards in Article VII of this Code and shall take place wholly within closed buildings. Light industrial development within a commercial PUD(C) shall be limited to the following conditional uses; (iv) (v) The manufacturing, compounding, processing, packing, or assembly of small electrical items, components, or circuitry, jewelry, musical instruments, toys, novelties, and other .similar items, that are dependent on component parts or raw materials manufactured elsewhere. Schools, offices, laboratories, and other such facilities for research. Motion picture production studios; professional, scientific, photographic or optical instruments. Printing, engraving, and related reproduction processes. Publishing or di.~tribution of books, newspapers, or other similar printed materials, Mini-storage Section 2. Section 20A-3.14.B. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: B. Permitted uses. In this district as a permitted use a building or premise may be used only for below stated uses. All applicable provisions of this code shall be satisfied including site plan review and performance criteria. Permitted uses: Public and private utilities, business and professional offices, gasoline sales, general retail sales and servi. 'ces, limited commercial activities, merchandising of secondhand goods, enclosed commercial amusements, plant nurseries and landscape services, restaurants (excluding drive-ins), trades and skilled services, vehicular sales and related services, vehicular services and maintenance, wholesale trades and services, veterinary medical services," mird-storage, industrial activities as defined in subsection 20A~2.5(D), md accessory uses, including one accessory watchman facility limited to one hundred fif~ (150) square feet. Section 3. Section 20A-12.2. of the Land Development Code, City of Sebastian, Florida is hereby amended to include the following: l~'6-stor~e.. A buildin~ or ~oup of'buildings in a controlled, acces~..cg..mpo .und that contai0s equal or.varying size of'. individual compartmentxli~ed, and controlled access stalls or lockers for the dead stor~e of customer~ _aoods or wares. Section 4. CODII~ICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land ! Development Code of the City of Sebastian, Florida, and that the sections of this Ordit~lce may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to ac, comph~ such intention. Section 5. CONFLICT. All other' Ordinances or parts of Ordinances, Resolutions or par~s of Resolutions in corrflic~ herewith are hereby repealed to the ex, em of such conflict. Section 6. SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be uncons~rutional or invalid, such unconstitutional or invalid par~ 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 7. EFFECTIVE DATE. 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 ,1996. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, TI-ES DAY OF The foregoing ,1996. Ordinance was moved for adoption by Councilmernber The motion Was seconded by Councilmember and, upon being put into a vote, the vote was as follows: ) Mayor Louise K. Canwri~ Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Kaymond Halloran Councilmernber Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this 1996. CITY OF SEBASTIAN, FLORIDA By: Louise R. Cam~ght, Mayor ATTEST: KaflaDrn M. O~talloran, CMC/AAE Approved as to Form and Content: Valerie Settles City Anomey i City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 58%$570 SUBJECT: First reading of ) Ordinance 0-96-26, amending the . ) Land Development Code regarding ) fences and wails ) Agenda Number: Dept. Origin: ) Approval for Submittal By: ) Date Submitted: ). City Manager ) ' Exhibits: ) ) 1. Ordinance 0-96-26 ) Community Dev. ,, ~C"~ (RM) 08/19/96 08/20/96 , EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the October 4, 1995 workshop, the City Council discussed proposed changes to section 20A-5.9.F of the Land Development Code regarding fences. Ben"ns and barbed wire fences were discussed. The former city attorney had prepared an ordinance to implement the changes discussed. The staff in reviewing the draft ordinance identified several other issues which should be addressed. These are: 1. clarification as to how to measure the height of fence, 9~. temporary construction fences, ;3. delineating hedges and hedge rows as a type of fence, 4. allowing city constructed,, maintained, or permitted fences in nghts-of-way, and 5. prohibiting wire strands as a type of fence. The issue of earth berms was addressed as the height of a combination berm and fence could not exceed the height requirements of the Land Development Code. The restrictions concerning barbed wire fences was modified to reflect actual building standards. The Planning and Zoning Commission on August 15, 1996 voted to recommend approval of the proposed changes to section 20A-5.9.F of the Land Development Code. Rt~C 0M'M'END]~I) ACTION Approve first reading of Ordinance O-96-26 and set second reading and public headng for September 25, 1996. ORDINANCE NO. 0-96.-26 AN ORDINANCE OF T]~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AME~ING Ti~ I. AND DEVELOPMENT CODE REGARDING HEIGI~ OF FENCES AND WALLS, TEMI~RARY CONSTRUCTION FENCES, TYPES OF FENCES, PROHIBITED FENCES AND WALI.S, AND BARBED WIRE FENCES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to height of fences and walls, temporary construction fences, types of fences, prohibited fences and walls, and barbed wire fences; and WH3g~S, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of. the community to do.so, NOW THEREFORE, BE IT ORDAINED BY THE CTrY COUNCIL OF THE CTrY OF SEBASTIAN, FLORIDA, THAT: .S~on 1. Section 20A-5.9 A. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: A. General provisions: 1. Permit required Except as provided ~ in paragraph 4., it shall be unlawful for any person, association, corporation or other entity to install, erect, alter, or locate a fence or wall within the city without first obtaim'ng a fence permit for such activity. Notwithstanding the foregoing, a fence permit shall not be required for the replacement or repair of an existing fence or wall unless the replacement or repair cost exceeds flit7 (50) percent or more of the value of the fence or wall before its repair or replacement. 2. Application procedures. Application for a fence permit under this section shall be made to the building official and shall include the following: a. A survey prepared by a licensed surveyor of the State of Florida; b. The location, length and height of the proposed fence or wall; and c. A description of the materials contained in the proposed fence or wall. 3. Issuance of permits. The building official shall issue a fence permit to an applicant under 'this section upon his finding that the proposed fence or wall is in compliance with the provisions of this article and all other pertinent state and local regulations, and upon payment of the appropriate fee as set forth in section 7-20 of the Code of Ordinances. Fence permits issued under this section shall be subject to all other roles and regulations pertaining to fence permits in general. 4. Exemptions from fence permit requirement. No fence permit shall be required hereunder for the installation, erection, alteration or location of the following structures: a. Portable dog pens or slabs with permanent posts in or upon the ground; b. Trellis structures that do not form a barrier. Said structures shall, unless otherwise provided herein, be subject to all other requirements for fences and walls contained in this section. 5. Construct-ion to withstand forces of nature. All fences and walls shall be constructed to withstand the force of wind and to allow, and not inhibit, divert or alter, the free flow of surface water froTM the natural course it followed prior to installation of the fence or wall. 6. t>osts and xupporting members. If the posts or supporting members of a fence or wall are placed in or upon the ground, the posts or supporting members shall be treated or composed of materials resistant to decay, corrosion and termites. 7. Maintenance. All fences and walls shall be maintained ia good repair, in a non- hazardous condition, and shall not be allowed to become dilapidated. 8. The height of a.....fence or a wall shall be determined from the highest poim of the ~ound in an eight (8) foot run Ivine directl~ beneath the fence or wall Berms shall not be considered as part of the ~0und. 9. The building official may issue a fence permit for a temporary construction fence permit for a period not to exceed ninety (90) days. Temporary con~ction fences in excess of ninety (90) days shall receive approval by the Plarmin~ and zomg Commission. Section :2. Section 20A-5.9 B. oft.he I.and Development Code, City of Sebastian, Florida is hereby mended to read as follows: B. ' Types offences and walls permitted. Fences and walls shall be constructed and/or composed of at least one. (1) of the following groups of materials: 1. Termite-resistant species wood or wood which has been treated to resist rot and termites;' 2. Steel posts and wire fabric of a mir~um of 1 l'A-gauge galvanized or other noncorrodible metal; Ornamental iron; Concrete or masonry[ Plastic; Section 3. is hereby amended to read as follows: Section 20A-5.9 F. of the Land Developmem Code, City of Sebastian, Florida Prohibited fences and walls. General Rule.. It shall be unlawful to erect, construct, install or maintain the following structures: (a) A fence or wall within six (6) feet of a fire hydrant; (b) A fence or wall within any street right-of-way, except those constructed and maintained by the cit~ or,, app, rov~ by the buildia~ official; (c) An electricky charged fence or wall; (d) A fence or wall in a dilapidated condition which appears to be neglected, unkempt, or in substantial disrepair, in whole or ia part, and as a consequence thereof is either unsound, hazardous or ineffectual; (e) Any fence which incorporates an. earth...berm and exceeds the height requh'.' .ernent provided for in the Land Development Code; · (fi Any fence or wall containing ha~rdotls substances such as broken glass, wire stran, d~ barbed wire, (except as provided ia paragraph (2) below), spikes, nails, ~or ~ materials designed to inflict pain or injury to any person or animal. Any fence constructed of such material shall be deemed to be a public nuisance. Barbed wirefences. Barbed wire fences may be permitted by the Planning and Zoning Commission ia commercial and industrial districts if the proposed fence is a minimum of six (6) feet and a maximum 'of eight (8) feet in height and topped with barbed wire of not more than three (3) No part of any, such fence may extend beyond the boundaries of the vropertv on which it is installed. Section 4. CODEFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section 5. CONFLICT. All other 'Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of tach conflict. Section 6. SEVERABIIJTY. 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 Section 7. EFFECTIVE DATE. 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 , 1996. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, TI-HS DAY OF The foregoing ,1996. Ordinance was moved for adoption by The motion was seconded by Councilmember Councilrnember and, upon being put into a vote, the vote was as follows: Mayor Louise R_ Cartwright Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran' Councilmember Richard J. Taracka The Mayor thereupon declared '- , 1996. this Ordinmnce duly passed and adopted this CITY OF SEBASTIAN, FLOKIDA Louise K Cattwrigh~ Mayor ATTEST: K~thryn M. O~-~mllor~ CMC/AAE (Seal) Approved as to Form and Content: Valerie Settles City Anomey day of Cigr of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE {407)589-5330 rq FAX (407)589-5570 SUBJECT: First reading of Ordinance 0~96-27, providing for alternate members of the Tree Advisory Board Approval for Submittal By: ) ) ) ) ) ) ) City Manager,/~¢.~ ~c), ~ ). ) ) ) Agenda Number: 9~- / k// Dept. O,rigin: Comm..unity Dev, (RM) Date Submitted: For agenda Of :. Exhibits: 1. 08/19/96 08/28./96 Ordinance O-96-27 EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRIATION REQUIRED: SUM~Y STATEMENT On June 26, 1996, the City" Council directed the staff to prepare an ordinance providing for alternate members on the Tree Advisory Board. At t~eir August 15, 1996 meeting, the Planning and Zoning Commission voted to recommend to the City Council to provide for two alternate members to the Tree Advisory Board. ' REQOlVISgE, NDED ACTION Approve first reading of Ordinance 0-96-27 and set-second reading and public hearing for September 25, 1996. ORDINANCE NO. 0-96-27 AN ORDINANCE OF THE C1TY OF SEBASTIAN, INDIAN RIVER COITNTY, FLORIDA, A_ME~ING ~ LAND DEVELOPMENT CODE TffE TREE ADVISORY BOARD, PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN PROVIDING FOR ALTERNATES ON PROVIDING FOR CODIFICATiON; PROVIDING FOR SEVF_,RAB~; EFFECTIVE DATE. WltE~, the City Council of the City of Sebast~ Florida, deskes to amend the Land Development Code to add two altemate-s to the tree advisory board; and WItEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare c~fthe coramunity to do so, NOW TI~REI~ORE, BE 1T ORDAINED BY TIlE CITY COUNCIL OF ~ ~ OF SEBASTIAN, FLORIDA, TIIAT: Section 1. Section 20A-14.16.B. Florida is hereby mended to read as follows: B. of the Land Development Code, City of Sebastian, The tree advisory board shall consist of five (5) residents of the city, who shall be appointed by the city council. Members shall serve without compensation. Initially, three (3) members shall be appointed to two-year terms and two (2) members shall be appointed to one-year terms. Thereafter, all appointments shall be for two-year terms. There shall..be tw.o (2~ altem, ates who are residents of the citw and who shall be a~pointed..bv th.e ciw c. ouncil:./Initially, one (1.~. alternate shall be appoint..e.d to a one-¥ear..term and.. the o..ther ...alterna~te ~h..all be a. ppoin, ted to .a two-year term. Thereafter, all app0intme, nts shall be .fgr tw0-¥ear terms. Section 2. CODEFICATION. It is the intention of the City Council of the City of Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to"Secuon ,' ""Article,' "or such other word or phrase in order to accomplish such intention. Section 3. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way attec~g the validity of the remaining portions or applications, which shall remain in full force and Section 5. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after its passage and adoption. PASSED BY ~ CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS __ DAY OF ~ 1996. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS __DAY OF ,1996. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Louise K Cammght Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this ,1996. CITY OF SEBASTIAN, FLORIDA day of ATTEST: Kathryn M. O%Iallorat~ CMC/AAE (Se ) Approved as to Form and Content: Valerie Settles City Anomey LoMse P. Cmwdgh~ Mayor