HomeMy WebLinkAbout12151993 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 15, 1993 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend James Thatcher - Sebastian
Church of God
4. ROLL CALL
5. AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
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93. 085
PGS 1-22
PGS 23-37
93.330
PGS 39-40
7. PUBLIC ~EARIN~, FINAL ACTION
The normal order of business for'public hearings
(Resolution No.. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads ordinance Or Resolution'
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
~ Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
RESOLUTION NO. R-93-62 - Sebastian Lakes
Development Agreement - Continuation of 11/17/93
Hearing (Director of Community Development
Transmittal dated 12/7/93, R-93-62 w/Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT
AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR RECORDING;
PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED
DEVELOPMENT AGREEMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Advertised 11/3/93 and
11/10/93 Legal Notices, 11/10/93 1st Public Hearing,
11/17/93 2nd Public Hearing, Readvertised 12/8/93,
12/15/93 Continuation of Hearing)
8. ~0NSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
A. Approval of Minutes - 12/8/93 Regular Meeting
Bid Award - Basketball Courts - Regan Masonry -
$1.50 Per SF (City Engineer Transmittal dated
12/7/93, Bid Tabulation)
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93.351
PGS 41-61
93.365
PGS 63-65
93.366
PGS 67-68
10.
11.
93.367
PGS 69-71
12.
RESOLUTION ~O. R-93-74 - First Amendment to
Little League Lease (City Clerk Transmittal dated
12/9/93, R-93-74, First Amendment, Lease
w/Schedule A [Under Separate Cover])
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING AMENDING THE LEASE
AGREEMENT WITH SEBASTIAN RIVER AREA LITTLE 'LEAGUE,
INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN
THE PROPOSED FIRST AMENDMENT TO LEASE AGREEMENT
ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; PROVIDING
FOR ADDITION OF TWO FIELDS TO THE LEASED PREMISES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Da
Tozzolo Brothers Construction Co. - Specimen Tree
Removal Request - Three Pines - One Oak - Lot 12,
Block 112, SH Unit 2 (Director of Community
Development Transmittal dated 12/9/93,
Application, Survey)
Pay Scale for Three New Positions in Utilities
Department (Personnel Director Transmittal dated
12/9/93)
PRESENTATIONS
CiTY ATTORNEY MATTERS
CITY MANAGER MATTERS
Report - Supervisor of Elections Relocation of
Polling Place for Precinct 16 from Calvary
Baptist Church to Elks Lodge (city Clerk/Acting
City Manager Memo dated 12/7/93, SOE Letter
dated 12/7/93, Elks Letter dated 12/2/93)
COMMITTEE REPORTS/RECOMMENDATIONS
93.263
PG 73
93.263
PGS 75-76
13. OLD BUSINESS
RESO~IOH HOS. R-93-76 AND R-93-77 ARE
THIS A~EHDA IN CASE OF THE ITXED FOR ADJU~S PRIOR
W/T/ID~ FROM THE A6~NDA
~ NO. ~ - GDU Facility Acquisition
Bond Restatement (Finance Director Transmittal
dated 12/9/93, R-93-76 [Documents Un4er Separate
Cover])
A RESOLUTION RESTATING, AMENDING AND SUPPLEMENTING
RESOLUTION NO. R-93-58 OF THE CITY OF SEBASTIAN,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
RESOLUTI0~ NO. R-93-77 - GDU Facility Acquisition
Bond Award and Purchase Contract (Finance
Director Transmittal dated 12/9/93, R-93-77
[Documents Under Separate Cover])
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, SUPPLEMENTING A RESOLUTION
ENTITLED: "A RESOLUTION RESTATING, AMENDING AND
SUPPLEMENTING RESOLUTION NO. R-93-58 OF THE CITY OF
SEBASTIAN, FLORIDA; AND PROVIDING AN EFFECTIVE DATE";
PROVIDING CERTAIN TERMS AND DETAILS OF SAID BONDS,
iNCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS
AND THE EXECUTION AND DELIVERY OF A BOND PURCHASE
CONTRACT WITH RESPECT TO THE SERIES 1993 BONDS;
APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID
BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN
OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 1993
BONDS AND RATIFYING THE USE OF A PRELIMINARY OFFICIAL
STATEMENT; AND PROVIDING AN EFFECTIVE DATE.
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14.
93.337
PGS 77-86
93.124
PGS 87-96
NEW BUSINESS
ORDINANCE NO. O-93-21 - Placing Referendum
Language on March 8, 1994 Ballot Re: Airport
- 2nd Draft (City Clerk Transmittal dated
12/7/93, City Attorney Letter dated 12/3/93,
Revised O-93-21)
1st Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; PROVIDING FOR REVISIONS
TO SECTION 1.02 OF THE CITY CHARTER TO DELETE
PORTIONS THEREOF WHICH WOULD INTERFERE WITH THE
IMPLEMENTATION OF THE MASTER PLAN FOR THE SEBASTIAN
MUNICIPAL AIRPORT; PROVIDING FOR THE DELETION OF THE
SECOND FULL PARAGRAPH OF PARAGRAPH (7) OF SECTION
1.02 OF THE CiTY CHARTER; PROVIDING FOR THE DELETION
OF SUBSECTIONS (7.1), (7.2), (7.3), (7.4), (7.5) AND
(7.6) OF SECTION 1.02 OF THE CITY CHARTER IN THEIR
ENTIRETIES; PROVIDING FOR THE DELETION OF THE SECOND
FULL PARAGRAPH OF PARAGRAPH (10) OF SECTION 1.02 OF
THE CITY CHARTER; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE
TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE;
PROVIDING FOR A PUBLIC NOTICE OF SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 0-93~13 - Waterway Regulation
(Director of Community Development Transmittal
dated 12/7/93, Torpy Letter dated 11/1/93,
O-93-13)
1st Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING, IN ITS ENTIRETY, SECTION
20A-5.10 OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN PERTAINING TO REGULATION OF WATERWAYS,
WATERCRAFT AND MARINE RELATED STRUCTURES; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
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93.020
PGS 97-102
93. 123
PGB 103-138
93.300
PGS 139-143
93.368
PGS 145-149
ORDINANCE NO. O-93-14 - Animal Regulations
(Director of Community Development Transmittal
dated 12/9/93, O-93-14)
1st Reading, Set Public Hearing 1/26/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RVIER
COUNTY, FLORIDA, AMENDING CHAPTER 18, OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
ANIMALS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
OI~ No. Q-93-18 - Sign Regulations
(Director of Community Development Transmittal
dated 11/17/93, O-93-18, Torpy Letter dated
11/1/93)
1st Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING DIVISION IV, ARTICLE XV,
SECTION 20A-15.1 ET. SEG', OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN PERTAINING TO SIGN
REGULATIONS IN ITS ENTIRETY; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO, 0-93-20 - Drive-Through Facilities
(Director of Community Development Transmittal
dated 12/7/93, 0-93-20)
1st Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTIONS 20A-
3.9(C), 20A-6.1(C) (9) (a) AND 20A-6.1(C) (9) (b) (4) OF
THE LAND DEVELOPMENT CODE OF THE CiTY OF SEBASTIAN,
PERTAINING TO CL, LIMITED COMMERCIAL DISTRICTS, BY
PERMITTING DRIVE-THROUGH FACILITIES AS CONDITIONAL
USES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Reclassification Request for Clerical Assistant
II Position in the Utilities Department
(Utilities Director Transmittal dated 12/7/93,
Utilities Director Memo dated 11/8/93, Personnel
Action Form, Personnel Director Memo dated
11/29/93)
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93.369
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MAYOR AND ~ITY COUNCIL .MATTERS
A. Mayor Lonnie R. Powell
B. Vice-Mayor Frank ~
C. Mrs. Carolyn Corum
D. Mrs. ~ Da_A~R
E. Mr. Robert ~
1. Endangered Species Act (No Backup)
INTRODUCTI0~ OF NEW BUSINESS B~ THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
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i City of Sebastian
1225 Main Street o SEBASTIAN, FLORIDA
TELEPHONE (407) 589-5330 L3 FAX (407) 589-5570
32958
SUBJECT: CONTINUATION OF PUBLIC
HEARING FOR SEBASTIAN LAKES
DEVELOPER'S AGREEMENT
Approval for 9ubmittal By:
City m g . .
Agenda Number:
Dept. Origin: Co~mBnitv Development
Date Submitted: 12.ZQ8./.93
For Agenda Of: 12/15/93
Exhibits:
1. Developer's Agreement with exhibits
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
S~RY STATEMENT
At its regular meeting of November 17, 1993, the City Council continued the
public hearing for Sebastian Lakes Developer's Agreement to ensure all
exhibits are in the City Clerk's office for public inspection prior to the
public hearing.
There has been a couple of minor changes to the agreement which are as
follows:
Page 3, Paragraph (b) under Traffic Facilities has been changed tQ
require the construction of Laconia Street to be within 15 days of the
date of execution of this agreement or the issuance of St. Johns Water
Permit, whichever is later. They are anticipating having the permit
from St. Johns in hand prior to the execution of this agreement which,
this proposal would give them at least 15 days after the execution of
this agreement to get the contractor set up to start construction. '
Page 4, Paragraph (d) under Traffic Facilities has been changed to
eliminate the reference to utilizing the drainage easement parallel to
Laconia Street for part of their landscaping requirements. It has been
determined by the applicant's engineer that all drainage will be within
the City's platted City right-of-way and thereby, eliminating the need
of a 10 foot drainage easement parallel to Laconia Street.
Page 2
Page 4, Paragraph (e)
reflect the applicant's willingness to leave the $65,000.00 in escrow
until the permit has been issued by the City of Sebastian.
under Traffic Facilities has been changed
Staff is satisfied that this agreement is complete and all exhibits have been
submitted. The applicant's engineer, City Engineer and the County's Engineer
for County Road 512 expansion are reviewing the existing platted right-of-way
(60 ft.) for Roseland Road extension (and the additional 20 feet of right-of-
way), to ensure the County considered this alignment with their expansion
plans for this intersection. If this alignment needs to be adjusted,
applicant's er~gineer will revise Exhibit "B" prior to the meeting.
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R~COMMENDED.
Move to approve Resolution R-93-62.
the I
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RESOLUTION NO. R-93-62
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT
AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR RECORDING; PROVIDING
FOR SUBMITTAL OF A COPY OF THE RECORDED DEVELOPMENT
AGREEMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY
~FFAIRS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS iN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sebastian Lakes Associates, a Florida general
partnership, has requested that the City sign a Development
Agreement; and
WHEREAS,
reviewing the
the city Council of the city of Sebastian, after
proposed Development Agreement submitted by
Sebastian Lakes Associates, for its approval, after conducting
two public hearings in accordance with Section 163.3225(1),
Florida Statutes, and Section 26-210 of the Code of Ordinances of
the city of Sebastian, and after engaging in deliberations, has
determined that it would be in the best interest of the city of
Sebastian and its citizens, and in furtherance of a valid
municipal purpose, for the City of Sebastian to enter into the
proposed Development Agreement with Sebastian Lakes Associates.
NOW, THEREFORE, BE IT RESOLVED EY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. RECITALS. The recitals contained in this
Resolution are hereby adopted by the City Council of the City of
Sebastian.
Section ~. AGREF~ENT. The Mayor and the City Clerk of the
City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the proposed
Development Agreement submitted by Sebastian Lakes Associates,
the proposed Development Agreement having been attached to this
Resolution as Exhibit "A" and by this reference is incorporated
herein.
Section 3. RECORDING AND SUBMITTAL. The original
Development Agreement shall be forwarded by the City Clerk to the
Clerk of the Circuit Court for Indian River County for recording.
A copy of the recorded Development Agreement shall be submitted
to the Florida Department of Community Affairs by the Director of
Community Development.
Section 4. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
~ ~. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the city Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 6. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for
Councilmember .
seconded by Councilmember
being put into a vote, the vote was as follows:
adoption by
The motion was
and, upon
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this
day of , 1993.
CITY OF SEBASTIAN
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
DEVELOPER'S AGREEMENT RELATING TO SEBASTIAN
THIS AGREEMENT is made this __ day of.. , 1993 between SEBASTIAN
LAKES ASSOCIATES, a Florida general partnership and its successors in interest to the
Property as hereinafter defined ("Associates"), and the CITY OF SEBASTIAN, a Florida
municipal corporation ("the City").
. A. 'Associates is the owner and/or developer of property located within the City
of Sebastian and more particularly described in Exhibit "A" (attached hereto and made a
part hereof), hereinafter referred to as the Property.
B. The Property, pursuant to Ordinances 202-8 and 0-88-45 of the City of
Sebastian adopted on June 11, 1984, and December 7, 1988 respectively, consists of 35.5
acres which is included within a Residential Planned Unit Development (PUD-R) zoning
district ("Sebastian Lakes PUD") and 17.57 acres which is zoned CG Commercial. Of the
acreage designated commercial, approximately 3.31 acres is or shall be required to be
dedicated for Roseland Road.
C. As of the date of this Agreement the Sebastian lakes PUD has been
developed with 64 multi-family units and a County Library facility.
D. Ordinances 202-8 and 0-8845 require the developer of the Property to
undertake certain transportation improvements and to dedicate the right of way for certain
roadway improvements in conjunction with certain development on the Property.
E. The City wishes to have certain of those roadway improvements constructed
at this time and to have dedications of right of way made at thl.q time although Associates
is not presently developing the Property.
F. Associates is agreeable to funding the construction of certain of those
improvements and the dedication of right of way at this time, prior to the development of
the Property provided that the Property retains certain development rights as necessary to
ensure the rights of Associates and its successors in tire to develop the Property as
described herein.
G. This is a Developer's Agreement as authorized by Ordinance of the City of
Sebastian and by Sections 163.3220 to 163.3243, Florida Statutes, the Florida Local
Government Development Agreement Act.
H. The City has conducted two public hearings prior to the approval of thig
Agreement. Those hearings were held on November 10, 1993 and November 17, 1993 with
the November 17, 1993 hearing continued until December 15, 1993.
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
herein.
R~itals. The foregoing recitals are tree and correct and are incorporated
2. Uses Permitted. The present comprehensive plan land use and zordug
designations bf the Property permit the Property to be developed with 17.57 acres of
commercial use (less the acreage dedicated or required to be dedicated for right-of-way) and
284 additional residential units on 35.5 acres. CPermitted Uses").
3. Approvals Received and Reauired.
a. The Property has received the following approvals:
(1)
The necessary comprehensive plan land use approval and
zoning approvals to permit the Property to be developed with
the Permitted Uses;
(2)
The Property is included within a Plat entitled the Sebastian
Lakes, Unit 1 Plat, which is recorded in Plat Book 12, Page ll-
A of the Public Records of Indian River County;
(3) Conceptual approval for the Sebastian Lakes PUD.
Before the Property may be developed with the Permitted Uses, the
developer of such uses shall be required to obtain the following
additional approvals from the City:
(1)
Tracts G and G-1 require final development plan approval and
building permits;
(2)
The remainder of the Property requires preliminary and final
development plan approval and building permit.
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4. Public Facilities. The public facilities necessary to serve the development of
the Property with the Permitted Uses are as follows:
Traffic Facilities. The additional roadway improvements necessary to
provide adequate capacity and safe access to serve the Property are the
following:
The construction of Laconia Street from Grandeur Avenue to
Fellsmere Road as a two-lane facility.
(a)
Associates has submitted to the City plans for the
construction of Laconia Street, which are described as
Roadway Improvements - Laconia Street prepared by
Caulfield & Wheeler, Inc. and dated November 2, 1993
("Laconia Street Hans"). The Laconia Street Plans have
been approved by the City and the City hereby agrees to
issue a permit in accordance with the Laconia Street
Plans.
Associates has applied for a water management permit
from the St. John's Water Managemem District
CSJWMD") to build Laconia Street. Associates will
commence construction of Laconia Street in accordance
with the Laconia Street Plans within 15 days after the
date that the SJWMD issues the water management
permit in accordance with the Laconia Street Plans, or
within 15 days of the date of execution of this
Agreement, whichever is later. Associates shall be
responsible for all construction costs to construct
Laconia Street in accordance with the Laconia Street
Plans. If the SJWMD fails to issue a water management
permit in accordance with the Laconia Street Plans
within 90 days of the date of this Agreement, then
Associates and the City will renegotiate this section of
the Agreement in order to determine the most
appropriate method of completing the construction of
Laconia Street.
(c)
Within thirty 00) days after execution of this Agreement
or prior to construction of Laconia Street, whichever
occurs fa'st, Associates shall convey to the City the right-
of way for Laconia Street as described in Exhibit "B".
Upon completion of the construction of Laconia Street
in accordance with the Laconia Street Plans, the City
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(2)
agrees to approve the construction and accept the
improvements to Laconia Street.
(d)
Associates will, prior to the City's acceptance of the
addition to Laconia Street, convey to the City a drainage
easemem over that property described in Exhibit "C" to
this agreement ("Drainage Easement Area~) in order to
provide drainage for the portion of Laconia Street to be
constructed. Associates shall have no obligation to
correct any drainage deficiendes that may exist with
respect to the portion of Laconia Street previously
constructed.
(e)
Associates has previously placed into escrow with the
City Attorney $65,000.00 for the construction of Laconia
Street. Within five (5) working days after the permit is
obtained by Associates for construction of Laconia
Street, the City Attorney shall return to Associates the
$65,000.00 which is being held in escrow.
The dedication of an additional 20 feet of right-of way for
Roseland Road and the construction of Roseland Road from
FeHsmere Highway (County Road 512) to Laconia Street.
Associates shall dedicate the additional 20 feet of right-of-way
as described in Exhibit "B" to thi~ Agreement to the City of
Sebastian within sixty (30) days of the date of this Agreement.
Associates or its successors in interest to the property that is in
a CG Commercial land use designation shall be required to
construct Roseland Road from Fellsmere Highway to Laconia
Street prior to the issuance of the first certificate of occupancy
for commercial use on the Property. Roseland Road shall be
comtmcted as a twenty-four foot wide two4ane facility without
curbing and with the customary swale drainage.
(3) Turn Lanes and Traffic Signalization. Associates or its
successors in interest to the Property may also be required to
construct turn lanes or deceleration lanes to serve the Property
from Roseland Road or from Fellsmere Highway and to
provide for such traffic signalization as is warranted at the
intersection of Fellsmere Highway and Roseland Road. Such
improvements which are necessary to provide safe and adequate
access to the Property shall be determined at the time of site
plan approval for the developmem of the Property.
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Water and Sewer. The water and sewer facilities necessary to serve
the Property are, based upon the data in the Comprehensive Plan.
expected to be adequate to provide for the development of the
Property with the Permitted Uses as described in Exhibit "D" to this
Agreement. The reservation of capacity and conditions for connecting
to the utility systems that serve the Property are the subject of separate
agreements, or where not covered by existing agreements shall be
addressed through future agreements.
Recreation and Open Space. The City's level of service fOr parks and
recreational facilities as adopted in its Comprehensive Plan is two
acres per one thousand residents. The Comprehensive Plan states that
based upon the adopted level of service, the City has adequate park
and recreational facilities to accommodate the growth of the City
beyond the year 2010.
Solid Waste. The City's Comprehensive Plan shows that the existing
landfills that serve the City have adequate capacity to serve the City's
needs for more than 25 years.
DevelonmentRi_v. hts of Associate~. Pursuant to this Agreement:
The City shall not during the effective period of this agreement alter
the Comprehensive Plan Land Use designation and/or zoning for the
Property, except at the request of the then owner of the portion of the
Property for which the change is requested.
Associates shall be emitled to develop the Property in accordance with
the Permitted Uses provided that Associates complies with provisions
of Section 4.a. above and obtains the further approvals required as
described under Section 3.b. City shall not unreasonably withhold such
approvals and shall review applications for such approvals based on the
findings as set forth in Section 4 regarding the adequacy of public
facilities.
The development of the Property in accordance with the above stated
provisions of this Agreement is consistent with the Comprehensive
Plan and land development regulations of the City of Sebastian and
will meet all traffic, parks and recreation, and solid waste concurrency
requirements for the development of the Property with the Permitted
Uses.
-5-
Should Associates or its successors in interest to all, or a portion of the
Property, obtain approval for an amendment to the Comprehensive
Plan Land Use designation and zoning for the Property to change the
Permitted Uses, then the Property shall be deemed to meet traffic
concurrency for the development of uses that do not exceed the traffic
impacts of the Permitted Uses as described in Exhibit D to this
Agreement. If such a change of uses does exceed the traffic impacts
of the Permitted Uses then the Developer of such new uses shall be
required to meet traffic concurrency only for the traffic impacts which
are additional to the traffic impacts of the Permitted Uses. Such
additional traffic impacts shall be calculated by comparing the trip
generation of the Permitted Uses to the trip generation of the new
uses. In addition such a change of Permitted Uses shall be deemed to
have met concurrency for Parks and Recreation for that number of
residential units which generate the same number of residents as the
Permitted Uses.
6. AdditJQllal Permits. Conditions. Restrictions and Terms. To the extent that
this Agreement has failed to address a requirement for a particular permit, term, condition
or restriction, such failure shall not relieve Associates of the necessity of comply with the
law governing such permitting requirements, conditions, term or restriction provided that
any such City permit, condition, term or restriction does not prevent Associates from
enjoying the development fights as set forth in Section 5 of this Agreement, which fights
have been granted in exchange for Associates agreement to provide infrastructure
improvements prior to the development of the Permitted Uses.
7. .I!llgllg.~&. City shall support and provide reasonable assistance to
Associates in obtaining impact fee credits from Indian River County for the dedication of
right-of-way for and construction of Roseland Road.
8. Term. This Developer's Agreement shall be valid for a period of ten years
from the date of the Agreement.
9. Recordation. This Agreement shall be recorded in the public records of
Indian River County and shall be binding upon and inure to the benefit of the successors
and assigns of the parties.
-6-
10.
addresses:
Notices. All notices pursuant to this Agreement shall be sent to the following
As to Associates:
Sebastian Lakes Associates
c/o St. Paul Corporation
c/o Chase Manhattan Bank, N.A.
101 Park Avenue
New York, New York 10178
Attention: Cheryl Freindlich
As to City:
Community Development Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32978
11. Attorneys' Fees and Costs. The prevailing party in any suit brought to enforce
the terms of thi~ Agreement shall be entitled to recover its reasonable attorneys' fees and
costs incurred in the litigation and appeal of such an action. The prevailing party shall be
the party that prevails following the exhaustion of ail appeals.
12. Venue. Venue for purposes of any litigation brought by either party to enforce
this Agreement or determine rights and obligations of the parties pursuant to this
Agreement shall be indian River County, Florida.
13. Date of this _Agreement. The date of this Agreement shall be the date the
Agreement is fully executed.
14. Entire As~ment. Except as specifically stated herein, this Agreement and
the Exhibits referenced herein constitute the entire agreement between the parties and
supersedes all agreements, representations, warranties, statements, promises and
understandings not specifically set forth in this Agreement and specifically supersedes and
renders null and void that Agreement between Associates and the City dated March 31,
1992. Neither party has in any way relied, nor shall in any way rely, upon any oral
agreements, not specifically set forth in this Agreement or in such documents.
15. Amendmen[. Neither thi~ Agreement nor any term hereof may be changed,
waived, discharged or terminated orally, but only by an instrument in writing signed by the
party against which enforcemem of the change, waiver, discharge or termination is sought.
16. B__e_!_4l.~. The headings in this Agreement are for purposes of reference only
and shall not limit or otherwise affect the meanings hereof.
-7-
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
specified below, with the City authorized to execute this Agreement following public
hearings on and
crr~
CITY OF SEBASTIAN,
mnn~cipal corporation
a Florida
ATTEST:
City of Sebastian
Approved as to form:
,Mayor
__ day of
Charles Ian Nash, Attorney
STATE OF )
)
COUNTY or )
SS:
The foregoing instrument was acknowledged before me this _ day of .1993
by as Mayor of the CITY OF SEBASTIAN, a Florida municipal
corporation, on behalf of the corporation- He/she personally appeared before me, is/are
personally known to me or produced as identification, and [did] [did not]
take an oath.
[NOTARIAL SEAL]
Notary:
Print Name:
Notary Public, State of
My commission expires:
-8-
ASSOCIATES
SEBASTIAN LAKES ASSOCIATES, a
Florida general partnership
By: St. Paul Corporation, General
Partner
Wimess:
Wimess:
Title:
Address: c/o Chase Manhattan Bank
101 Park Avenue
New York, NY 10178
/dayc~
STATE OF )
)
COUNTY OF )
SS:
The foregoing in~trumem was acknowledged before me this _ day of ,1993
by as of St. Paul Corporation,
Managing General Partner of Sebastian Lakes Associates, and Sebastian Lakes Assodates,
a Florida mnnlcipal general partnership and its successors in interest on behalf of the
parmership. He/she personally appeared before me, is/are personally known to me or
produced as identification, and [did] [did not] take an oath.
[NOTARIAL SEAL]
Notary:
Print Name:
Notary Public, State of
My commission expires:
-9-
EXHIBIT "A"
All of the Plat of Sebastian Lakes Unit 1 as recorded in Plat Book 12,
Page 11-A of the Public Records of indian River County.
Less the following described property:
Tract B of said Sebastian Lakes Unit 1 Plat
And less the following described property:
COMMENCE at the Northeast comer of Section 23, Township
31 south, Range 38 east, indian River County, Florida.
Thence, run S. 73036'50" W., for a distance of 1,473.03 feet to
the Point of Be~nning for the herein described parcel of land;
Thence, run S. 37o43'45" W., for a distance of 72.00 feet;
Thence, run S. 52°06'25" E., for a distance of 318.03 feet;
Thence, nm S. 11°02'49~E., for a distance of 18.71 feet;
Thence, mn S. 37°53'35" W., for a distance of 281.76 feet, to the
point of curvature on a circular curve concave to the Northeast,
having a radius of 261.80 feet;
Thence, nm Southeasterly along the arc of said circular curve
for an arc distance of 220.76 feet; through a central angle
48o18,,46,;
Thence, nm S. 10°25'12" E., for a distance of 13.43 feet, to the
point of curvature on a circular curve concave to the Northeast,
having a radius of 119.24 feet;
Thence, run Southeasterly along the arc of said circular curve
for an arc distance of 68.44 feet, through a central angle of
32°53'06";
Thence, run N. 46o41'42'' E., for a distance of 42.00 feet, to the
point of non-tangency on a circular curve concave to the
Northeast, having a radius of 77.24 feet;
A-1
Thence, run Northwesterly along the arc of said circular curve
for an arc distance of 44.33 feet, through a central angle of
32°53'06";
Thence, nm N. 1{F25'12" W., for a distance of 13.43 feet, to the
point of curvature on a circular curve concave to the Northeast,
having a radius of 219.80 feet;
Thence, run Northeasterly along the arc of said circular curve
for an arc distance of 18534 feet, through a central angle of
48°18'46";
Thence, nm N. 37053'95" E., for a distance of 102.90 feet;
Thence, run N. 87053'35" E, for a distance of 241.41 feet;
Thence, mn N. 59000'32" E, for a distance 144.88 feet;
Thence, mn N. 30°59'28~ W., for a distance of 111.00 feet;
Thence, mn S. 59000'32" W., for distance of 91.45 feet;
Thence, mn S. 87053'35' W., for a distance of 131.37 feet;
Thence, mn N. 37053'35" E., for a distance of 102.58 feet;
Thence, mn N. 52006'25" W., for a distance of 374.34 feet, to
the Point-of-Beginning for the above-described parcel of land.
Said parcel of land conmim 1.994 acres and lies wholly in
Indian River County, Florida.
And less the following described property:
COMMENCE at the Northeast corner of Sect/on 23, Township
31 south, Range 38 east, Indian River County, Florida.
Thence, mn S. 72002'07'' W., for a distance of 1531.95 feet, to
the Point-of-Beginning for the herein described parcel of land;
Thence, mn S. 52006'25" E., for a distance of 318.03 feet;
Thence, mn S. 11o02'49'' E., for a distance of 18.71 feet;
A-2
Thence, run S. 37053'35" W., for a distance of 281.76 feet, to thc
point of curvature on a circular curve concave to the Southeast,
having a radius of 261.80 feet;
Thence, run Southeasterly along the arc of said circular curve
for an arc distance of 220.76 feet, through a central angle of
48°18'46";
Thence, run S. 10°25'12'' E., for a distance of 13.43 feet, to the
point of curvau~e on a circular curve concave to the Northeast,
having a radius of 119.24 feet;
Thence, run Southeasterly along the arc of said circular curve
for an arc distance of 68.44 feet, through a central angle of
32°53'06";
Thence, run S. 46041'42' W., for a distance of 213.60 feet;
Thence, nm S. 89~44'50" W., for a distance of 578.66 feet, to an
intersection with the Easterly Right-of-Way line for County
Road 512 (Fellsmere Road);
Thence, nm N. 37043'45" E., along said Right-of-Way line for a
distance of 1095.78 feet, to the Point-of-Begirming for the above
described parcel of land. Said parcel of land contains 8.391
acres and lies wholly within Indian River County, Florida.
And less the following described property:
Parcel No. 1, Replat - Subdivision of Tract C, Sebastian Lakes
Unit 1, as recorded in Plat Book 13, Page 1, of the Public
Records of Indian River County, Florida.
A-3
TRACT 'E'
NORTH IM[ST CORNER
.TRACT *C"
0 5O 1 O0
( IN FEET)
1 INCH = 100 FT.
TRACT 'A'
Exhibit "B" TRACT 'F"
I~i~CRIP?ION: (ADDITIONAL RIGHT-OF-WAy)
A Parcel'of lend being a portion of Tract "¢". "S~BAS?IAR LAKES UNIT 1'*, as
recorded in Plat Eook 12. Pages 11 and iII of the Public Records of Indian
River County. Florida, being more particularly described as follows:
BEaIRalRO at the Southeee{ corner of said Tract "C"~ thence N 00'
along the East line thereof, a distance of 1317.14 feet to a point of
curvature of s curve to the left having e radius of 225.00 feet and a
'.central'angle of 51' 47' 01"~ thence Northerly end Westerly along the arc
of said curve, & distance of 20~.$5 feet; thence N 52~ 16' 15" W along the
North line of said Tract "C",, s distance of 6?0.82 feet to the Northwest
corner of Said ?tact "c"; thence S 37' 43' 45" W along the ~est line of
said Tract "C", also being the Easterly line of the ~20.00 foot wide right-
~f-wey for County Road 512 (Pellsmere Road), a distance of 20,00 feet to
point of intersection with s ~ine 20.00 feet South of and parallel with the
Rorth line cf said Tract "C"; thence S 52' 16' 15" E, along said parallel
line, a distance of 673.$4 feet to a point of curvature of a curve to the
right having a radius of 225.00 feet a~d a central angle of 51'
thence Easterly and Southerly along the arc of said curve, a distance of
203.35 feet to a point ~f intersection ~ith & line 10.00 feet West of and
parallel with the East line of said Tract "C"; thence s 00o ~9' ~4"
along ~aid Parallel line, a distance of 1299.52 feet to a point of ·
intersection ~tth the South line of said Tract "C"; thence N 89
along said South line, a distance of 10.00 feet to the POINT OF
Said lands situate in the City of Sebastian, Indian River County, Florida.
Sub,act to Easements, Restrictions, Reservations, Covenants, lng Rights-of-
Nay of Record.
hereby certify that the ~ttaehed skmtc2 of Description of ~he hereo~
A . 51o47.01*
R ,= 22.5.00'
L -- 20~.3~5'
TRACT 'C'
10.00'
SOUTH UNE
51'47'01"
225.00'
203,.3
CORNER
TRACT 'C'
SCALE ·",,, 100'
DRN.BY 'r M.M~
POINT OF
53-00'00' W
EXHIBIT "C"
GRAPHIC SCALE
200 fL
SEBASTIAN
LAKES
CONDOMINIUM
(ORB 750,
PGS ~--u 5)
N 66'48'28' W
S ¢9'52'38"
N 63'130'00' W
284.17'
S 37'00'00" W
$ 771§,19' W
48.44'
S 82'21'00' W
TRACT
12'FLOWAGE/
DRAINAGE
EASEMENT
30~7'42" W
LEGEND
P.O.C. - POINT OF COMMENCEMENT
P.O.B. - POINT OF BEGINNING
ORB - OFRClAL RECORDS BOOK
PB - PLAT BOOK
PG.- PAGE
SEBAS~AN LAKES P.U.C
A SUBDI~SION
COMMON PROPER~E5
(ORB 750, PGS 72-.85)
301NT'A"
PARCEL 1
REPLAT Of TRACT'C"
SEBAS~AN LAKES
UNIT 1
(P.S.13,PC.1)
N 40'05'04' E
9~6.01
6.0'
TRACT
'F'
$ 76'03'19" W
244.91'
S 89'44°50. W
P.O.B.
N 00'29'14' W
100.00'
SOUTHEAST CORNER
TRACT C 'SEBASTIAN LAKES UNIT 1
(P.B.12.PGS 11 & 11-A)
TRACT 'C'
LACONIA STREET
,.(80'RIGHT-O~,r W^y)
N 52'04'25' E
POINT OF
TERMINUS
TRACT'A'
I III II I
~ CAULFIELD & WtIEELEH, INC.
~7501-A W, Pilmetle Perk Rd., Suite IO0.A
DOCA RATON. FLORIOA 33433
(407) 392.1991
I II II I
I I I III I
~'~SEBASTIAN LAKES UNIT 1
%._FLOWAGE,/D~_AINAGE - 5KETCH OF DES.~RIPTION
SHEET 1 OF 2
iii
[DA"IE 11 -- !8~' 9,~3 1
DRN.BY T.M.M.
CKD.BY D.P.~..
FLD.B~.
PAGE
~JOe NO. 2348 ~
EXHIBIT "C"
NOTES:
1. Reproductions of this sketch are not valid unless sealed with an embossed surveyor's seal.
2. Lands shown hereon are not abstracted for Rights-of-Way, Easements, Ownership, or other
Instruments of Record.
3. Bearings shown hereon are relative to the record plat based on the West line of Tract
of said plat bearing N 00° 29' 14" W.
4. The "LAND DESCRIPTION" hereon was prepared by the Surveyor.
5. Data shown hereon was compiled from the Instrument of Record and does not constitute a
field survey as such.
DESCRIPTION:
A 12.00 foot wide Flowage and Drainage Easement lying in Tracts "A", "C" and "D", "SEBASTIAN
LAKES UNIT l", as recorded in Plat Book 12, Pages 11 and llA of the Public Records of Indian
River County, Florida and "SEBASTIAN LAKES CONDOMINIUM", as recorded in Official Records Book
750, Pages 4 through 115 of said Public Records. The centerline of which being more
particularly described as follows:
COMMENCING at the Southeast corner of Tract "C" of said "SEBASTIAN LAKES UNIT 1"; thence N 00°
29' 14" W along the East line of said Tract "C", a distance of 100.00 feet to the POINT OF
BEGINNING; thence S 89" 44' 50" W, a distance of 50.41 feet; thence S 76" 03' 19" W, a distance
of 244.91 feet; thence S 89" 44' 50" W, a distance of 360.97 feet; thence N 30" 27' 42" W, a
distance of 498.67 feet tO Point "A"; thence S 82" 21' 00" W, a distance of 361.64 feet; thence
S 49° 52' 38# W, a distance of 112.87 feet; thence N 66° 48' 28" W, a distance of 45.80 feet;
thence S 77° 15' 19" W, a distance of 48.44 feet; thence S 37° 00' 00" w, a distance of 139.91
feet; thence N 83° 00' 00# W, a distance of 284.17 feet; thence S 37a 00' 00# W, a distance of
283.43 feet; thence N 53" 00' 00" W, a distance of 69.97 feet to a point of intersection with
the Easterly right-of-way line of County Road 512 (Fellsmere .Road) also being the POINT OF
TERMINUS; thence from aforesaid Point "A", N 23 06' 05" E, a distance of 148.22 feet; thence N
40° 05' 04" E, a distance of 946.01 feet; thence N 52" 04' 25" E, a distance of 215.26 feet to
a point of intersection with the South right-of-way line of Roeeland Road, also being the POINT
OF TERMINUS.
Sidelines of said easement should be shortened or lengthened to terminate at the East right-of-
way line of County Road 512 (Fellsmere Road) and the South right-of-way line of Roeeland Road.
Said lands situate in the City of Sebastian, Indian River County, Florida
Subject to Easements, Restrictions, Reservations, Covenants, and Rights-of-Way of Record.
CERTIFICATE:
I hereby certify that the attached Sketch of Description of the hereon described property is
true and correct to the best of my knowledge and belief as prepared under my direction on
November 19, 1993. I further certify that this Sketch of Description meets the Minimum
Technical Standards set forth in Rule 21HH-6 adopted by the Florida Board of Land Surveyors,
pursuant to Florida Statutes 472.027.
David P. Lindley, P.L.S.
Reg. Land Surveyor #5005
State of Florida
'~ ----~ ~__ CAUAF/£LD(40;) &3~.Is~IWItEEL£H' INC.--~ ~~ ~ ~
~ B~ RATON, FlORiDA 33433 ~ ......... ~
~ I I I III I ~ ,, ,""
I
SHEET2 OF 2
DATE 11-18-93
$~ALE 1 #= 200'
DRN,BY
C~D,Sv ~
PA~
~ NO, 2348
EXHIBIT "D"
SEBASTIAN LAKES P.U.D.
DA[L? AND P~ PEAK HOUR
TRIP GENERATION
DALLY:
ITE
LAND USE CODE UNIT
Commercial 820 287,872 sq,ft.*
Residential 210 284 d.u.
FIFTH EDITION ITE
TRIP UENERATION MANUAL
AVERAOE DAILY TRIP RATE
Ln(T) = 0,625 Ln(X} + 5.985
La(T) = 0,921Ln(d.u,) + 2.698
TOTALS:
PM PEAK HOUR:
ITE
LAND USE CODE UNIT
Commercial 820 267,872 sq.ft.*
Residential 210 284 d.u,
FIFTH EDITION ITE
TRIP GENERATION MANUAL
AVERAOE PM PK HOUR TRIP RATE
Ln(T): 0.637 Ln(]) + 3.553
Ln(T) : 0,902 Ln(d,u.) + 0,528
TOTALS:
sq.ft. :
d,u. :
T :
X =
Square Feet
Dwelling Units
Two-way Volume of Traffic
Area in 1,000 Oross Square Feet
17.57 acres X 43,560 X 0.35 lot coverage = 267,872 square feet
TOTAL
DAILY
TRIPS
13,083
2,699
15,782
TOTAL
PM Pl HR
TRIPS
1,229
277
1,506
PERCENT
IN
50.00Z
50.00{
PERCENT
IN
60.00Z
64,00~
PERCENT
OUT
S0.O0Z
50.00{
PERCENT
OUT
50.OOZ
TOTAL
IN
TRIPS
6,541
1,350
7,891
~TAL
IN
TRIPS
615
177
29-Nov-g3
TOTAL
OUT
TRIPS
6,541
1,350
7,891
TOTAL
OUT
TIIPS
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 8, 1993 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAiN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Mayor Powell called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend Donald E. Swope,
First Presbyterian Church.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also Present:
City Clerk/Acting City Manager,
Kathryn M. O'Halloran
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
city Engineer/PW Director, Dan Eckis
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
Personnel Director, Wendy Widmann
Deputy City Clerk, Sally Maio
Regular City Council Meeting
December 8, 1993
Page Two
5. AGENDA MODIFICATION~ (ADDITIONS AND/OR ~ELETIONS)
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
The City Attorney said he would request that item 7 A
- Fischer Request for Amendment of Special Use Permit
for Mulching/Burning Facility - Extension, be
postponed. The Vice Mayor said he would call a
Special Meeting if needed, and inquired how long the
City Attorney would need to prepare.
The Director of Community Development said the
current permit does not expire until July, and that
he had stayed enforcement for the time being.
The Vice Mayor requested that items 15 A - Resolution
No. R-93-67 and B - Resolution No. R-93-68, be moved
up to become item 7 B. City Council concurred.
Mrs. Damp requested that item 15 E - Palm Lake Club
be moved up on the agenda to item H of the consent
agenda. City Council concurred.
6. ~ROCL]%MAT~0NS AND/OR ANNOUNCEMENTS
None.
7. pUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Not~.: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
2
Regular City Council Meeting
December 8, 1993
Page Three
93.356/
93.24 /
92.179
93.263
Henry Fischer - Request for Amendment of Special
Use Permit .for Mulching~Burninq Facility ~
ExtensiQn (Director of Community Development
Transmittal dated ~ Applicationj Cooper
Letter dated ~ Kebbe! Letter dated
11/6~93j ~scher Letter dated ~ Cooper
Letter dated ~
Mayor Powell opened the public hearing at 7:12 p.m.
The City Attorney recommended, to allow him time to
prepare, that city Council set a continuation for the
hearing to a date certain so that staff does not have
to readvertise.
Warren Dill, representing applicant Henry Fischer,
stated for the record, that he was ready to proceed
tonight, however, urged that the continuance be
scheduled as early as possible.
MOTION by Oberbeck/Damp
I would move that we continue the public hearing
on items 93.356, 93.246, 92.179 Henry Fischer request
for amending special use permit for mulching/burning
facility extension to January 13, 1993 at 7:00 p.m.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
The following two resolutions were moved from New
Business to this area of the agenda:
RESOLUTION NO. R-93-67 - GDU Facility Acquisition
Bond Supplemental (Finance Director Transmittal
dated 12/3/93, R-93-67
A RESOLUTION RESTATING, AMENDING AND SUPPLEMENTING
RESOLUTION NO. R-93-58 OF THE CITY OF SEBASTIAN,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
The city Attorney read Resolution No. R-93-67 by
title only.
3
Regular City Council Meeting
December 8, 1993
Page Four
The Finance Director had distributed amended
resolutions to City Clerk.
Jean Wilson, Nabors, Giblin & Nickerson, bond counsel,
explained that the resolution has been amended to
reflect the terms of the conditions for insuring the
bond.
Vice Mayor Oberbeck requested that City Council take
time to review the change in Sections 4.10 and 4.11
relative to the pledge of the half-cent sales tax.
Arthur Ziev, Raymond, James and Associates, Inc.
further explained the amendments.
City Council discussion took place on the pledge of
the half-cent sales tax.
MOTION by Oberbeck/Freeland
I would move that we approve Resolution No. R-93-
67 the GDU facility acquisition bond supplement.
ROLL CALL:
Mrs. Corum - nay
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
93.263
MOTION CARRIED 3-2 (Corum, Damp - nay)
RESOLUTION NO. ~ - GDU Facility Acquisition
Bond Award and Purchase Contract (Finance
Director Transmittal dated 12/3/93, R-93-68 with
Exhibits A and B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, SUPPLEMENTING A RESOLUTION
ENTITLED: "A RESOLUTION RESTATING, AMENDING AND
SUPPLEMENTING RESOLUTION NO. R-93-58 OF THE CITY OF
SEBASTIAN, FLORIDA; AND PROVIDING AN EFFECTIVE DATE";
PROVIDING CERTAIN TERMS AND DETAILS OF SAID BONDS,
INCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS
AND THE EXECUTION AND DELIVERY OF A BOND PURCHASE
CONTRACT WiTH RESPECT TO THE SERIES 1993 BONDS;
APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID
BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN
OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 1993
BONDS AND RATIFYING THE USE OF A PRELIMINARY OFFICIAL
STATEMENT; AND PROVIDING AN EFFECTIVE DATE.
4
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Regular city Council Meeting
December 8, 1993
Page Five
The City Attorney read Resolution No. R-93-68 by
title only.
The Utilities Director distributed an amended bond
purchase contract and Final Numbers report prepared
by Raymond James and Associates, Inc.
Jean Wilson briefly summarized the bond award
resolution.
The Finance Director explained that because of the
nature of bonds all documents are subject to change
again.
Arthur Ziev responded to questions from city Council.
MOTION by Oberbeck/Freeland
I'm going to move that we approve Resolution No.
R-93-68.
TAPE I - SIDE II (7:49 p.m.)
The Finance Director said, for the record, that the
good faith check by the underwriters has been
received and will be held in the city's vault and
requested that a recess be called following this vote
for execution of documents.
ROLL CALL:
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
MOTION CARRIED 3-2 (Damp, Corum - nay)
Mayor Powell called recess at' 7:51 p.m. and
reconvened the meeting at 8:10 p.m. Ail members were
present.
8. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Regular city Council Meeting
December 8, 1993
Page Six
Approval of Minutes - 11/17/93 Regular Meeting,
12/1/93 Special Meeting, 12/1/93 Workshop
93.357
RESOLUTION NO. R-93-66 - Vacation of Easement
(City Clerk Transmittal dated 12/3/93, R-93-66,
Application, Survey, Andrianos Letter dated
11/3/93, City Engineer Memos dated 11/8/93 and
11/29/93)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING,
AND DISCONTINUING THE SOUTH FIVE FEET OF THE NORTH
TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, LOT
71, BLOCK 299, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PBI 7-56J, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND
PROVIDING FORAN EFFECTIVE DATE.
93.358
RESOLUTION NO. ~ - Utilities Department
Water\Wastewater Treatment Plant Superintendent
Job Description (Personnel Director Transmittal
dated 11/22/93, R-93-69)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF UTILITIES DEPARTMENT WATER/WASTEWATER
TREATMENT PLANT SUPERINTENDENT; PROVIDING FOR
INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF
SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
93.359
RESOLUTION ~O. R-93-70 - Utilities Department
Water\Wastewater Treatment Plant Operator
Job Description (See Transmittal Above, R-93-70)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF UTILITIES DEPARTMENT WATER/WASTEWATER
TREATMENT PLANT OPERATOR; PROVIDING FOR INCLUSION OF
SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN
STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Regular City Council Meeting
December 8, 1993
Page Seven
93.360 E.
93.351/
90.251
93.275
RESOLUTION NO. R-93-71 - Utilities Department
Water\Wastewater Treatment Plant Operator
Trainee Job Description (See Transmittal Above,
R-93-71)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF UTILITIES DEPARTMENT WATER/WASTEWATER
TREATMENT PLANT OPERATOR TRAINEE; PROVIDING FOR
INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF
SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
RESOLUTION NO. R-93-74 - First A~endment to
Little League Lease (City Clerk Transmittal dated
11/30/93, R-93-74, First Amendment, Existing
Lease)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING AMENDING THE LEASE
AGREEMENT WITH SEBASTIAN RIVER AREA LITTLE LEAGUE,
INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN
THE PROPOSED FIRST AMENDMENT TO LEASE AGREEMENT
ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; PROVIDING
FOR ADDITION OF TWO FIELDS TO THE LEASED PREMISES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Craft Club Request Use of Riverview Park - Shows
on 4/2/94 and 5/7/94 with Rain dates (City Clerk
Transmittal dated 11/30/93, Deyter Letter dated
11/22/93)
7
Regular City Council Meeting
December 8, 1993
Page Eight
93.363
R~SOLUTION NO. R-93-73 - Palm Lake Club Phase II
- Final Plat (City Engineer Transmittal dated
11/29/93, R-93-73, Surveyor's Certification,
Proposed Restrictive Covenants, Application, Fee
Receipt)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF
PALM LAKE CLUB, PHASE II, CONSISTING OF 14.47 ACRES,
MORE OR LESS, LYING IN SECTION 20, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE
PLAT; WAIVING THE REQUIREMENTS OF SECTION 20A-
16.4(C)(4) (F); DIRECTING THE CITY CLERK TO PRESENT
THE PLAT TO THE CIRCUIT COURT FOR INDIAN RIVER
COUNTY; FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Clerk/Acting City Manager read the consent
agenda in its entirety, including titles for
Resolution Nos. R-93-66, R-93-69, R-93-70, R-93-71,
R-93-73 and R-93-74.
Mr. Freeland removed items A and E; Mrs. Damp removed
item C, E and F; and Mrs. Corum removed item H.
MOTION by Oberbeck/Freeland
I would move that we approve items B, D, and G of
the consent agenda.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Item ~ ~ ADDroval of Minutes
Mr. Freeland referred to page eight of the 12/1/93
workshop minutes relative to City Manager recruitment
and requested the word "check" be inserted after
"background".
Regular City Council Meeting
December 8, 1993
Page Nine
MOTION by Freeland/Oberbeck
I would move that we approve item A.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
93.358
~ ~ - RESOLUTION ~ R-93-69 - Ut~
Department Water\Wastewater Treatment Plant
Superintendent Job Description
Mrs. Damp inquired whether the individual scheduled
to fill the position is already a supervisor, to
which the Utility Director said he was; and inquired
whether salary ranges are included in the
description. The Personnel Director said the salary
ranges would on next week's agenda.
MOTION by Damp/Oberbeck
i make a motion that we approve Resolution No. R-
93-69 item C.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
93.360
Ite~ ~ ~ ~ESOLUTION NO.,. R-93-71 - Utilities
DePartment Water\Wastewater Treatment Plant
~m~r~e~e~ O_~erator ~ Job Description
Mr. Freeland advised that the agenda title should be
changed to reflect that the position is an "Operator
Trainee".
Mrs. Damp inquired about the fourth position in the
Finance Department. The Finance Director explained
that it will be a new position in an existing job
classification as Account Clerk II.
9
Regular City Council Meeting
December 8, 1993
Page Ten
93.351
MOTION by Freeland/Oberbeck
I would move that we accept item E on the consent
agenda.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Item ~ - RESOLUTION NO. ~ - First Amendment t__o
Little League Lease
Mrs. Damp said she pulled the item for a separate
vote.
MOTION by Oberbeck/Freeland
I would move that we approve Resolution No. R-93-
74.
Mrs. Corum inquired about schedule A of the original
Little League lease. The City Attorney said that
Schedule A would have been a layout plan of the site
and recommended that this item be deferred to the
next meeting for preparation of Schedule A.
Mrs. Corum said she had requested financial
statements relative to the concession stand and
expressed concern for possibly subsidizing the
organization.
The City Attorney said he did not believe the city
had a legal right to request to look at the Little
League's books, however, the city could request that
they voluntarily open them for review.
Motion was withdrawn.
It was the consensus of City council to defer this
item to December 15, 1994 for inclusion of Schedule
A.
10
Regular City Council Meeting
December 8, 1993
Page Eleven
93.363
Item ~ ~ ~ NO: ~-93-73 - pa%m Lake
~hase II ~ ~inal Plat
The City Engineer responded to Mrs. Corum's inquiry
relative to ingress and egress.
MOTION by Corum/Oberbeck
I approve item H of the consent agenda.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
PRESENTATIONS - None
MAYOR AND,, CITY COUN_~IL MATTERS
A. Mr. ~obert ~reeland
Mr. Freeland spoke to rumors that the city's
"windfall" of $160,000 was Golf Course money,
assuring that it was not, and commended the Acting
city Manager for freezing all spending during the
latter part of fiscal 92/93; said he had invited Dale
Ketchum to the December 15, 1993 meeting and
requested that "Endangered Species Act" be added to
that agenda; and recommended that Mayor and city
Council matters be moved from item 10 to item 15 for
future agendas. It was the consensus of City Council
to try the new format.
B. Mavor Lonnie R. Powell
Mayor Powell commended those responsible for the
holiday festivities in Riverview Park.
C. Vice-MaYor Frank oberbeck
Vice Mayor Oberbeck said that he had voted against
the funding for Christmas decorations for this year
due to their deteriorating condition and recommended
that the city purchase Christmas decorations for next
year; inquired about the attorney's review of the
Park Place surcharge, to which the City Attorney
replied that a meeting is scheduled for 12/28/93;
expressed concern for the poor condition of Stonecrop
11
Regular City Council Meeting
December 8, 1993
Page Twelve
TAPE II - SiDE I (8:49 p.m.)
Park and abuse by users and asked the City Council to
direct staff to place no trespassing signs. It was
the consensus of City Council to direct staff to
place "No Trespassing" and "No Parking" signs on the
park side temporarily.
D. Mrs. CarolYn Corum
Mrs. Corum suggested that Stonecrop Park is eroding
due to increased water in the St. Sebastian River and
suggested methods to stop erosion.
E. Mrs. Norma ~
Mrs. Damp expressed gratitude to the Utilities
Director for his reports on the Wininger matter and
the GDU acquisition; and the Director of Community
Development responded to Mrs. Damp's inquiries about
lot size requirements for duplexes.
Vice Mayor Oberbeck was excused from 9:05 p.m. to
9:07 p.m.
Mrs. Damp inquired about low income housing and the
Director of Community Development responded that the
Heritage Company was proposing to build low income
housing.
Mrs. Corum inquired about Mr. Freeland inviting
someone to attend a City Council meeting and the City
Attorney responded that any Council member can invite
someone to attend a meeting on their own behalf,
however, the invitation cannot be on behalf of the
City without Council consensus.
Mr. Freeland clarified that the item should go under
his matters on December 15, 1993.
11. CITY ATTORNEY MATTERS
The City Attorney reported that Attorney Vince Torpy
had discussed the Fey matter with Mr. Fey's attorney
relative to scheduling a re-hearing and is awaiting a
response.
12. CITY MANAGER MATTERS
None.
12
Regular City Council Meeting
December 8, 1993
Page Thirteen
13.
CO~ REPORTS/RECOKMENDATIONS
None.
14. OLD BUSINESS
None.
15. NEW BUSINESS
Items A and B had been moved up previously.
93.361 C.
RESOLUTIQN NO. R-93-65 - EEOC Conciliation
Agreement (Personnel Director Transmittal dated
12/1/93, R-93-65, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN A CONCILIATION AGREEMENT WITH THE EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION (EEOC); PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-93-65 by
title only.
MOTION by Oberbeck/Damp
I would move that we approve Resolution No.
R-93-65 Equal Employment Opportunity Commission
conciliation agreement.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
13
Regular City Council Meeting
December 8, 1993
Page Fourteen
93.362 D.
93.364
16.
Collective Bar~ainin~ Waqe ~ssues ~
Dir~ctQ.r Transmittal dated 12/1/93)
MOTION by Oberbeck/Corum
I would move that we approve the recommended
action as furnished to us by staff with regard to the
collective bargaining wage issue items l, 2, 3, 4.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
~NTRODUCTION OF NEW BUSINESS ~Y THE pUBLI~ (which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Sebastian Lions Club - Use of Community Center -
Spaqhetti SuDDer m ~94 - 4:30 ~ to 7:30 ~.m.
- Request WaiveF of Securitv and ~ Fee for
This and All Future Use .(City Cler~ Transmittal
dated 11/24~93, Application~ Anderson Letter
dated 11/15/93, Insurance Policy)
The city Attorney recommended against the waiver of
all fees in perpetuity.
MOTION by Oberbeck/Freeland
I would move that this item be addressed in the
same manner as any other request from a non-profit
organization and that the policy previously
established by this Council be adhered to, the policy
being the security provided and the fifty percent of
the rental fee.
The City Clerk/Acting City Manager said she would
like to schedule a meeting with staff members to
determine policies for rental and use of city
facilities and parks for a future workshop.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
14
Regular City Council Meeting
December 8, 1993
Page Fifteen
17.
Other
Herbert Sturm, 549 Saunders Street, Sebastian,
commented on remarks made by Attorney Richard Torpy
at the December 1, 1993 workshop.
Being no further business, Mayor Powell adjourned the
Regular Meeting at 9:33 p.m.
Approved at the
Meeting.
, 1993, city Council
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
15
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Basketball Courts
Bid award
Approved for Submittal By:
City Manager
Agenda No.
Dept. Origin ENG/P
Date Submitted 12-07-93
For Agenda of 12-15-93
Exhibits: Bid Tabulation
EXPENDITLTRE
REQUIRED: $4,725.
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED: $4,725.
SUMMARY STATEMENT
Two bids were received at the bid opening on Monday, December
6th, 1993 for installation of basketball courts. The apparent
low bidder was Regan Masonry of Sebastian at $1.50 per SF. for a
total of $3150 for a full court and $1575 for a half court
concrete flat work only.
The Public Works Department will be doing all prep work for the
basketball courts. A full court will be installed at Barber
Street Sports Complex and a half court will be installed at
Blossom lake park.
Funds are available from the capital projects fund $140,000 has
been allowed for park improvements.
RECOMMENDED ACTION
Move to award the bid to Regan Masonry for construction of the
basketball courts at a cost of $1.50 per SF.
BIDS
CONTRACTOR/VENDOR
Regan Masonry
Walker Concrete
City of Sebastian
1225 MA~N STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
BID TABULATION
CiTY OF SEBASTIAN
Basketball court
Basketball Court
December 6th, 1993 2:00 P.M.
ITEM DESCRIPTION
1/2 court
Full court
1/2 court
Full Court
NO OTHER BIDS WERE R~CEIVED
TOTAL
$1575.
$3150.
$1785.
$3570.
I
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
AGENDA FORM
SUBJECT:,
Resolution No. R-93-74
First Amendment to Lease
Agreement - Sebastian River
Area Little League, Inc.
.. cROVED FOR SUBMITTAL BY:
ity Manager:
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Exhibits: * R-93-74
* First Amendment
* Existing Lease
* Schedule "A" BSSC Site Plan
City Clerk
!2llO/93
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
I
!
SUMMARY STATEMENT
The City Council, at its November 17, 1993 Regular Meeting,
concurred with an amendment to add fields three and four to the
existing lease agreement between the Sebastian River Area Little
League, Inc. and the City for real property at the Barber Street
Sports Complex.
Schedule A to the original lease agreement was not included as
backup at the December 8, 1993 Regular City Council meeting.
Schedule A was identified by the City Attorney as the site plan
for Barber Street Sports Complex, and has now been attached as
requested for your review.
Resolution No. R-93-74 with the First Amendment to Lease
Agreement is enclosed for approval.
RECOMMENDED ACTION
Move to adopt Resolution No. R-93-74.
RESOLUTION NO. R-93-74
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING AMENDING THE LEASE AGREEMENT
WITH SEBASTIAN RIVER AREA LITTLE LEAGUE, INC.~
AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE
PROPOSED FIRST AMENDMENT TO LEASE AGREEMENT ATTACHED TO
THIS RESOLUTION AS EXHIBIT "Aim; PROVIDING FOR ADDITION
OF TWO FIELDS TO THE LEASED PREMISES; 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, Florida and the Sebastian
River Area Little League, Inc. entered into a lease agreement for
real property located at the Barber Street Sports Complex by the
adoption of Resolution No. R-90-42 on October 24, 1990; and
WHEREAS, the City of Sebastian has completed construction of
fields three and four at the Barber Street Sports Complex; and
WHEREAS, the Sebastian River Area Little League, Inc.,
desires to add fields three and four to its existing lease
agreement;
WHEREAS, the City Council, at its November 17, 1993 Regular
Meeting concurred with the proposed amendment to the Lease
Agreement provided to it by city staff.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
~ 1. FIRST AMENDMENT TO LEASE AGREEMENT. The city
Council of the City of Sebastian, Indian River County, Florida,
hereby agrees to enter into the First Amendment to the Lease
Agreement with Sebastian River Area Little League Lease, a copy
of which is attached to this Resolution as Exhibit "A" and
incorporated herein by this reference.
S~ction 2~ EXECUTION. The Mayor and the city Clerk of
the city of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the First Amendment to
the Lease Agreement with the Sebastian River Area Little League,
Inc.
~ection 34 CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 4. S~VERABILITY. in the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the city Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 5. EFFECTIVE DATE. This Resolution shall
take effect immediately upon final 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:
2
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this __ day of ............ , 1993.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
FIRST AMENDMENT T__O LEASE AGREEMENT
This First Amendment to Lease Agreement is made and
entered into this day of , 1993,
between the CITY OF SEBASTIAN, FLORIDA, a Florida municipal
corporation, whose principal office is located at 1225 Main
Street, Sebastian, Indian River County, Florida 32958, party of
the first part (hereinafter referred to as the "Landlord") and
Sebastian River Area Little League, Inc., a Florida Not-For-
Profit corporation, party of the second part (hereinafter
referred to as the "Tenant").
WiTNESSETH:
WHEREAS, the Landlord and Tenant have agreed to amend the
certain Lease Agreement entered into on the 24th day of October,
1990, and adopted by Resolution No. R-90-42, said Lease Agreement
being between the City of Sebastian, Florida and Sebastian River
Area Little League, Inc., for real property located at Barber
Street Sports Complex, as follows:
"Paragraph i of the Lease Agreement is hereby amended to
add fields #3 and #4 to the "Leased Premises". In all other
respects, the provisions of the original Lease Agreement shall
remain in full force and effect."
IN WITNESS WHEREOF, the parties this this First Amendment to
Lease Agreement have set their hands and seals hereto, on the day
and year first above written.
By:
ATTEST:
Kat~ryn ~/ O'Halloran, CMC/AAE
City Clerk
(S E A L)
By:
Witnesses:
Approved as to Form and Content:
Charles Ian Nash
city Attorney
5
"LANDLORD"
CITY OF SEBASTIAN
Lonnie R. Powell, Mayor
"TENANT"
SEBASTIAN RIVER AREA LITTLE
LEAGUE, INC.
LEASE AGREEMENT
.THIS LEASE AGREEMENT, made and entered into this~J~day of
/~A_ , 1990, by and between the CITY OF SEBASTIAN~ Fib-ride, a
Florida municipal corporation located in Indian River County,
Florida, party of the first party (hereinafter referred to as the
I "Landlord"), and the SEBASTIAN RIVER AREA LITTLE LEAGUE, INC., a
Florida Not-For-Profit corporation, party of the second part
(hereinafter referred to as the "Tenant").
I WI TNES S ~TH:
I WHEREAS, the Landlord is the owner of certain real property
located in the City of Sebastian, County of Indian River State of
Florida; and '
i WHEREAS, the Landlord has agreed to lease such real property
to the Tenant subject to certain terms end conditions; and
i WHEREA~, the Tenant desires to lease such real property from
the Landlord.
NOW, THEREFORE, in consideration of the premises, the
I covenants, terms and conditions to be performed as set forth
hereinafter, the receipt and sufficiency of which are hereby~
acknowledged, the parties hereto have agreed and do agree a~
follows:
I 1. Lease~ Premi~es~ Subject to'the terms and conditions set
forth in this LeaSe Agreement, and for so long as the Tenant shall
I continue to operate a baseball league for the area's youth, the
Landlord leases to the Tenant and the Tenant rents from the
Landlord
the certain real property located at the Barber Street
Sports Complex located in Sebastian, Indian River County, Florida,
I such property of the Landlord being more particularly described as
Fields %1, #2 and the refreshment stand/rest room building as
identified on Schedule "A" a~--~-~ L ..........
~.u.uu hereto anQ Dy t~lS rezerence
I improvements constructed thereon, including buildings and fixtures,
incorporated herein. The aforementioned real property and any
shall be hereinafter referred to as the "Leased Premises-.
I 2. Term of Lease: This Lease shall be for one nonrenewable
term (hereinaft6r "%he--"Lease Term") beginning on the date of
I execution of this Lease by both parties and ending on November 21,
2004, unless earlier terminated or extended as provided herein.
However, the termination of this Lease by either party shall not
i operate to cure any default of any of the terms and conditions of
this Lease by a defaulting party.
3. Rent: The rent to be paid by Tenant to the Landlord for
I the Lease Term shall consist of the sum of One Dollar ($1.00).
The parties hereby acknowledge payment by Tenant and
Landlord of said rent. receipt~
I
4. Additional Rent: The Tenant agrees to pay as rent in
addition tO the ~nt p~6vided for in Paragraph 3 of this Lease
Agreement, any and all sums which may become due by reason of the
failure of the Tenant to comply with all of the covenants, terms
an0 conditions of this Lease and any and all damages, costs and
expenses, including attorney's fees (both at trial and all
appellate levels) which the Landlord may suffer or incur by reason
of such default, and also any and all damages to the Leased
Premises caused by any act or neglect of the Tenant, or its
assignees or sublettees.
5.' Insurance=
(a) Li~bility Insurance: From February i through July
31 ofeach year during the"Lea~e T~rm, the Tenant shall provide and
keep in force et its own expense public liability insurance
coverage with respect to the Leased Premises and all improvements
made to the'Leased Premises. The insurance coverage to be provided
by the Tenant shall contain limits of not less than $300 000.00 for
injury '
or death of any one person and $1,000,000.00 for injury or
death for any one accident..
(b) Miscellaneous. Any policy or policies of insurance
required by the ~eas~ Shall be issued by one or more insurance
companies authorized to engage in business in the State of Florida
and the Tenant shall supply the Landlord with a certificate of such
insurancewith evidence of the payment of the premium thereon. All
such policies shall name the Landlord as an additional insured and
shall contain provision for notice to. the Landlord not less than
ten (10) days in advance of any cancellation or material change of
such policy or policies. In case of failure of the Tenant to make
premium payment when due, the Landlord may pay the amount of any
such premiums, which amount with interest thereon from the date of
payment by the Landlord shall be due and payable by the Tenant to
the Landlord immediately. Copies of renewal policies for any
insurance required under this Paragraph 5 shall be deposited by the
Tenant with the Landlord at least ten (10) days prior to the
expiration of existing policies, and upon the failure of the Tenant
to do so, the Landlord may immediately purchase, for the account
of the Tenant, the necessary insurance from any reputable insurance
company without notice to the Tenant, and the Tenant shall
reimburse the Landlord for the cost thereof within ten (10) days
after demand for same by the Landlord. The Tenant shall have the
right to carry the insurance provided for in this Paragraph 5, or
any portions of such insurance under a blanket or comprehensive
all-risk'policy.
6. Use of Leased Premises:
(a) Exclusive Right of Use: During the Lease term, from
February i through ju~ 31, the Tenant shall have the exclusive
right to use and enjoy the Leased Premises, provided, however, that
the Tenant shall have the non-exclusive right to use the rest
rooms, switch room, and all common areas, including, but not by way
of limitation, the parking lot, spectator areas and bleachers.
(b) ~se of Refreshment Stand: The Tenant agrees that
the refreshment staid/rest room building to be operated by it on
the Leased Premises will not be operated in such e manner as to
constitute a nuisance or a hazard and that in connection with the
operation of such facility, the Tenant will observe and comply with
all applicable laws, ordinances, orders and regulations prescribed
by lawful authority having Jurisdiction over such facility operated
in the,Leased Premises. If for any reason the Tenant is unable to
obtain, or once obtained is unable to continue to hold, the
applicable governmental licenses or permits allowing it to operate
the refreshment stand, or if the Tenant shall, for any reason,
cease operating the refreshment stand, then, the Landlord shall
have the right to retake possession of the refreshment stand/
restroom building and to undertake its operation or, to enter into
an agreement with a third party whereby such third party shall
operate the refreshment stand. Thereafter, the Tenant shall have
no further
building, right or interest in the refreshment stand/restroom
(c) Use as Recreatigna1 Facility= The Tenant agrees
that the Leased'PremiseS '~h~il"be"Used 'bY '{he Tenant solely as a
recreational facility for its members and
guests. The Tenant
agrees that the Leased Premises shall not be used for any other
purpose. (d) Possession end Use of Alcohol: The Tenant shall not
permit the pos~ession 'or us~ of alc6h0i oh %he Leased Premises.
. .7: ..~tili~ies: The Landlord shall be responsible for
emec=rlcx=y, wa=er, Sanitary and storm sewer. The Tenant shall he
responsible for Janitor service and any other or service
utility
consumed in connection with the occupancy of the Leased Premises
by the Tenant.
8. Affirmative Covenants of Tenant:
and agrees that'"'ltWi~l ~it~ou~ d'~m~nd:
The Tenant covenants
(a) ~repgra~ion of Fields: Assume responsibility for
and undertake any and all prePara~t0ns and efforts required to be
performed on the Leased Premises in order that it may be used as
a playing field for the game of baseball, including, hut not hy way
of limitation, lining, dragging, and raking of batter boxes, base
lines and warning tracks. Furthermore, it shall be the Tenant's
responsibility to furnish all equipment necessary to play baseball;
provided, however, that the Landlord shall, upon the commencement
of this Lease, furnish two sets of bases, including pitching
rubbers, and shall replace said items on a yearly basis, as needed,
when the necessity of such replacement is due to ordinary wear and
tear.
(b) ~aste: Conduct its use of the Leased Premises in
such a manner as not to be a nuisance, and shall not allow any
.n._o_xi_o~us edgers, or v_a?ors .to be emitted from the Leased Premises.
u~ oz. e_xp~oslves, IlammaD£e and/or corrosive agents and other like
materials is not approved unless authorized by the Landlord in
advance. Any cleaning agent apparatus will be installed and vented
to the _outside at the Tenant's cost and only if installation is
approved in writing in advance by the Landlord. The Tenant shall
not engage in activities that waste the Leased Premises.
i (c) ~: Keep the Leased Premises and all
mprovements e~ereon in a clean and orderly state,
including, but not by way of limitation, all fields and adjacent
spectator areas, the announcers, stands and scorebo . .
"dugout~ areas of each ~t.l~ ~_ __~ ..... ards_ the
- _ ., ..... , ~-~ re~resnmen: s:ano, and the
res:rooms. Tenant s obligation to clean shall include the duty to
collect and deposit all trash and garbage into the containers
located on the Leased Premises for this purpose. The Tenant,s
responsibilities under this Paragraph 8 (c) shall also include the
duty to supply the rest rooms with toilet paper and all other
necessary sanitary items. The Tenant shall permit the Landlord's
duly authorized agents to enter upon the Leased Premises and the
buildings and /mprovements thereon erected at any reasonable time,
and from'time to time, for the purpose of inspecting and appraising
the same. The Tenant shall comply with all reasonable orders.
regulations, rules and requirements of every kind and natur~
relating to the cleaning or orderliness of the premises, now or
hereafter in effect, of the federal, State, municipal or other
governmental authorities having power to enact, adopt, impose or
require the same, whether they be usual or unusual, ordinary or
extraordinary, or to changes or requirements incident thereto, or
as the result of any use or occupation thereof or otherwise, and
the Tenant shall pay all costs and expenses incidental to such
compliance, and shall defend, indemnify and save harmless the
Landlord from all expense, and damages by reason of any notices,
orders, violations or penalties filed against or imposed upon the
Leased Premises or against the Landlord as owner thereof, because
of the failure of the Tenant to comply with this covenant.
In the event of the failure of the Tenant promptly to perform
the covenants of this Paragraph 8(c), the Landlord may go upon the
Leased Premises and perform such covenants, the cost thereof, at
the sole option of the Landlord, to be charged to the Tenant as
additional and delinquent rent.
(d) ~ents: The Tenant shall not cause any
improvements to b~e Leased Premises without the advance
written consent of the Landlord. Provided, however, that this
provision shall not be deemed to prevent the Tenant from performing
4
i
i
i or arranging for the performance of any of its duties or exercising
any of its rights under Paragraph 8. Unless otherwise agreed in
writing between the parties hereto, all costs of any improvements
shall be borne by the Tenant. All improvements made on'the Lease
Premises,
including the construction of buildings and installation
i of fixtures, shall become the property of the Landlord upon their
construction or installation, but shall be deemed part of the
Leased Premises for ~urposes of this Lease Agreement.
I (e) ~ The Tenant shall not erect or maintain any
s~gn ~ ~igns .on--'%q~-Leased Premises of a commercial or private
I aover=~slng ha=ute.
' (f) ~_: Keep locked the announcers' stands and
the refreshment~t room building, including related storage
I areas, when such premises are not being used by the Tenant.
i .... (g) ~gtting Cages.: The Tenant shall have the right to
i ns~aA~ ~wo (2) batting practice cages, provided, however, that any
such cage or cages shall be installed and maintained in the
pursuant to its obligations under Paragraph 10 (b). The Tenant
I shall bear all expenses related to the purchase, installation and
maintenance of such batting practice cages and shall at all times
i keep such cages in good condition and repair.
(h) ~~ Comply with
the constitu=ea puol~c authorities, and J~hrequirements of any of
or the terms of any state
I federal statute or local ordinance or reguiation applicable to
~he Tenan~ or its use of the Leased Premises, and save the Landlord
narmmess from penalties, fines, costs or damages resulting from
i failure so to do.
(i) Fire~ Use every reasonable precaution against fire.
i (J) Rules and Re~ulations' Comply with reasonahle rules
and regulation4 of-' the LanB10rd ~ promulgated as hereinafter
provided.
I (k) Surrender of Leased Premises:
-- Upon the expiration
or other termination"Of ~his Leasei f~r any reason whatsoever,
surrender to the Landlord the Leased Premises together with the
I buildings and improvements thereon erected or standing thereon and
the building equipment then upon the Leased Premises, together with
all alterations and replacements thereon, in good order, condition
i and repair, except for reasonable wear and use thereof, and except
for such damage by any taking hy condemnation or exercise of the
right of eminent domain. The Tenant further agrees to promptly
i deliver ~o the Landlord at its office all keys for the Leased
Premises
_ (1) Notice of Casualty and Need for Repair: Give to the
Landlord promp~ written 'notiCe-of a6y ~ccident, ~ire, or damage
occurring on or to the Leased Premises. Give to the Landlord
prompt written notice of any condition of the Leased Premises
requiring repair or maintenance which the Landlord has agreed to
take responsibility for under Paragraph 10.
(m) ~acation: If the Tenant shall vacate or decide at
any time during the'Lease Term to vacate the Leased Premises prior
to the expiration of this Lease Term, or any extension of the
Lease, or if the Tenant shall cease for any period to be a not-
for-profit corporation, or to utilize' the Leased Premises as a
recreation facility, this Lease shall immediately terminate without
the ne~essity of any legal proceeding or other action on the part
of the Landlord, and all right, title and interest in the leasehold
created by this Lease shall revert and revest in the Landlord
immediately and automatically.
9. Negative Covenants of Tenant: The Tenant covenants and
agrees that ~% wlil dO none of' the '~011owing things without the
consent in writing of the Landlord first had and obtained:
(a) Use: Occupy the Leased Premises in any other manner
or for any other purpose than as above set forth.
. (b) ~sSignm~t~ e~c.: Assign this Lease hypothecate
~:_~:ga~e_the s.ame Or sublet the Leased Premises or
~o~. Any assignment, transfer, hypothecation, or any part
mortgaging or
subletting without the written consent of the Landlord shall be
void ab lnitio.
(c) Alterations and Improvements: Make an struc
alterptions, improvemenf~', or addtt~O6& +n +~. ~___?~ _ ~ural
excep= as provided h.~o~. _.. . --:--- :- ~..~ ~easea mremmses,
_ _ - . ......... ~A scruc~uraA am~eratlons, additions
ano improvements (except trade fixtures, furniture and equipment
other than building equipment) which may be made or installed by
the Tenant upon the Leased Premises shall upon the making or
installation thereof be and become a part of the Leased Premises
and shall remain upon and be surrendered with the Leased Premises
as a part thereof at the termination of this Lease, unless the
Landlord shall, prior to the termination of this Lease, ~ave given
written notice to the Tenant to remove the same in which event the
Tenant will remove such alterations, improvements, and addit
and restore the Leased Premises to t~e ........ lon~
condition in which they now are. Should ~he%%~n~%~l°sroOet% ~
collecting, at the Landlord.s option, the cost and expense thereof
from the Tenant as additional rent.
(d) ~ach!nery: Use or operate any machinery that, in I
the Landlord,s Opinion, ~s harmful to the Leased Premises or the
buildings of which the Leased Premises is a part.
(e) weights: Place any weights in any portion of the
Leased Premise$'be~ond the safe carrying capacity of the structure.
(f) yacation: Vacate or desert the Leased Premises
during the Lease T~rm] or permit the same to be empty and
unoccupied without the per~ission of the Landlord.
(g) Recordation. Record this Lease. If the Tenant
violates this covenant, the Tenant hereby irrevocably authorizes,
empowers and designates the Landlord as its lawful attorney for
the purpose of having said Lease marked satisfied of record.
.. - (h) ~n.cvmbranc~$/L.!en~: Allow any mortgage, lien or
o=ner encumbrance or _security interest to be created against or
attached to the Leased Premises or any building or fixture located
thereon.
10. Obligations of Landlord: The Landlord covenants and
agrees tha~ it will withOUt demand::
(a) Maintenance and Repair: Keep the Leased Premises
and all improvements %retted' th'ereon in good condition and repair,
including the exterior and interior structures, the roof, all
plumbing, heating and electrical systems,
the field lighting, score
boards, fencing and backstops, "dugouts- and announcers, stands.
In addition, the Landlord agrees to keep in good condition and
oomo ?cas of th? .%.as?d Premi es, including the
p~r~zng ~o=, spec=a:or areas anu bleachers. T~e Landlord further
agrees to maintain all grass areas of the Leased Premises, which
duty shall include mowing, fertilizing'and operating an irrigation
system.
(b) Trash Removal: Remove from the Leased Premises all
trash and gar'bag~ ColleCted by the Tenant pursuant to its
obligation under Paragraph 8(c).
(c) Batting Ca,es: The Landlord shall provide adequate
space on the La--for the Tenant to install up to and
including two (2) batting practice cages as permitted under
Paragraph 8(~).
11. LandloFd's Rights: The Tenant covenants and agrees that
the Landlokd ~hail 'have the right to do the following things and
matters in and about the Leased Premises:
(a) inspection: At all reasonable times by its duly
authorized agent to go'"upon and inspect the Leased Premises and
every part thereof, and/or at its option to make repairs,
alterations and additions to the Leased Premises.
(b) Use of Leased Premises: Use the Leased Premises
for any public purpose from August' i through January 31 each year,
7
provided, however, that during this period the Tenant is relieved I
of performing its obligations under Paragraph 8.
12. Responsibility of Tensnt: The Landlord shall not in any
event be resp0ns"ible,' and the T~nant hereby specifically assumes I
responsibility for any personal or bodily injury or death of any
persons (including employees of the Tenant and the Landlord) and
damage, destruction, or loss of use of any property, lncludin t
Leased Premises g he I
(except as specifically provided otherwise herein)
occasioned by any event happening on or about the Leased Premises
during the period of time the Tenant has the exclusive right to use I
and enjoy the Leased Premises as set forth in Paragraph 6(a),
except if same results from the negligence of the , '
agents, Landlord
.... _ , ,uwmn~y ano hold harmless the I
~anolord from and against any and all claims,
demands, suits.
damages, liability and costs (including attorney,s ~ees an~
expenses) arising out of or /n any manner connected with any act i
or omission, negligent or otherwise of the Tenant,
or any of their agents, servants
third persons,
~ or employees which arise out of
or are in any way connected with the maintenance, use, operation,
or occupation of the Leased Premises during the period of time the i
Tenant has the exclusive right to use and enjoy the Leased Premises
as set forth in Paragraph 6(a), unless due to the negligence of the
Landlord, its agents, servants or employees.or natural disaster~'=~l
asserted against the Landlord on account of any such injury or
claimed injury to persons or property and shall promptly deliver i
to the Tenant the original or a {rue copy of any summons or other
process, pleading or notice issued in any suit or other proceeding
to assert or enforce any such claim. The Tenant shall have the I
right to defend any such suit with attorneys of its own selection
and the Landlord shall have the right, if it sees fit, to
participate in such defense. It is further covenanted and agreed I
by the parties hereto that in no case shall the Landlord be liable
under any expressed or implied covenant of this Lease for any
damages whatsoever to the Tenant accruing after any act or breach
~eCOL~en~alnJdf. or which damages may be sought to be recovered against I
The Tenant shall defend, indemnify and hold harmless the I
Landlord from claims, demands, suits, liability for damages for
personal or bodily injury or death
of
destruction of any property (including 1~ persons or damage or I
of use thereof) caused
by or in any manner arising out of any breach, violation or
nonperformance by the Tenant of any covenant term or provision of
this Lease. ·
13. Damage to Leased Premises: In the event the Leased I
Premises are d~maged "bY' fi'~e' or"o~fher casualty not occurring I
through the fault or negligence of the Tenant or those employed or
acting for it, the parties hereto agree as follows:
(a) The Landlord shall be obligated to restore the
Leased Premises if the insurance proceeds payable to the Landlord
due to damage caused by fire or other casualty is sufficient to
cover the costs of restoring the Leased Premises to their original
condition.
(b) In the event insurance proceeds payable to the
Landlord are insufficient to cover the costs of restoring the
Leased Premises to their original condition, and if facilities
comparable to the Leased Premises are then available, this Lease
shall terminate and the Tenant shall have the option to lease the
comparable facilities under terms and conditions that the parties
shall, at such t/me, mutually agree upon.
(c) In the event insurance proceeds payable to the
Landlord are insufficient to cover the costs of restoring the
Leased Premises to their original condition and facilities
comparable to the Leased Premises are not then available, the
parties agree that, prior to instituting any legal action, they
shall make a good faith effort to negotiate a remedy equitable to
each party.
(d) In the event the Landlord undertakes to restore the
Leased Premises pursuant to subparagraph 13(a) above, and as a
result of the damage to the Leased Premises or the Landlord.s
repair efforts the Leased Premises are rendered untenantable, the
Lease Term shall be extended for a period of time equal to the
period of time the Leased Premises remain untenantable.
(e) The Landlord has let the Leased Premises in their
present condition and without any representations on the part of
the Landlord, /ts officers, employees,
servants and/or agents. The
Tenant hereby acknowledges that it has inspected the Leased
Premises prior to executing this Lease and that it finds the Leased
Premises to be in satisfactory condition.
14. Miscellaneous A~reements and Conditions:
(a) Non-Waiver: The failure of either party to insist
upon strict pe~forman~e of any of the covenants or conditions to
this Lease, or to exercise any option herein conferred in any one
or more instances, shall not be construed as a waiver or
relinquishment for the future of any such covenants or conditions
of this Lease or option, but the same shall be and remain in full
force and effect.
(b) Accord and Satisfaction: No payment by the Tenant
or receipt by the Landlord 6'f a' le~se~ amount than the rents herein
stipulated shall be deemed to be other than on account of the
9
earliest stipulated rent, nor shall any endorsement of statement
on any check or any letter accompanying any check or payment as
rent be deemed an accord and satisfaction, and the Landlord may
accept such check or payment without prejudice to the Landlord,s
right to recover the balance of such rent or pursue any other
remedy herein.
15. Remedies of Landlord: If the Tenant:
(a) Does not pay in full when due any and all of the
rent and/or any other charge or payment herein reserved, included,
or agreed to be treated or collected as rent and/or any other
~arge, expense, or cost herein agreed to be paid to the Landlord;
(b) Violates or fails to perform or otherwise breaks
any covenant or agreement herein contained; or
(c) Vacates the Leased Premises or removes o
to remove or manifests a- ~.~A_~, .... . r attem ts
therefrom otherwise tha- ._ ~ .... ~ goous or propert
· . '.. ~-~ orulnary and usual course o~
business without having first paid and satisfied the Landlord in
full for all rent and other charges then due or that ma therea
become due until the ex~lr-+~-- ~- ~=- ~L .Y fter = --~- ~ uu~ =hen current ~erm;
Then and in any of said events, there shall be deemed to be
a breach of this Lease, and thereupon the Landlord shall have the
following rights:
~})_ To reien~r 'the Leased Premises and remove all
~1~ ~~es°s~o~ny_Pr°P~%Y therefrom, either by
~ _ n proceec~ngs or Dy any suitable
action or proceeding at law, and repossess and enjoy the
Leased Premises, together with all alterations, fixtures,
signs and other installations of the Tenant. Upon
recovering possession of the Leased Premises by reason
of or based upon or arising out of a default on the part
of the Tenant this Lease shall terminate.
(2) To terminate this Lease and the term hereby created
without any right on the part of the Tenant to waive the
forfeiture by payment of any sum due or by other
performance of any condition, term or covenant broken.
Whereupon the Landlord shall be entitled to recover, any
and all sums due -
for rent, including addi~ions to rents
and damages for violation of the Tenant s obligations
hereunder in existence at the time of such termination.
16. Right of Injunctive Relief: In the event of a breach or
threatened breach bY etth'~ part~ of
any of the covenants or
provisions hereof, the non-breaching party shall have the right of
injunction and the right to invoke any remedy allowed at law or in
10
equity as if re-entry, summary proceedings and other remedies were
not herein provided
for.
17. Rights Not
Exclusive: No right or remedy herein
conferred upon or reserved"t6 either party is intended to be
exclusive of any other right or remedy herein or by law provided
but each shall be cumulative and.in addition to every other right
remedy
or given herein or now or hereafter existing at law or in
equity or by statute.
18. Right of Assignee of Landlord: The right to pursue the
remedies herein ~rovided a~alns~" the Tenant end to enforce all of
the other provisions of this Lease may, et the option of any
assignee of this Lease, be exercised by an assi nee o
Landlord.s right, title and interest inthis Le~s. in ~s own~a~
any statute, rule of court, custom, or practice to the contrary
notwithstanding.
, 19. Remedles..Cumulatiye: Ail of the remedies hereinbefore
given to either party and all ~ights and remedies given to them by
law and equity shall be cumulative and concurrent. No termination
of this Lease or the taking or recovering the Leased Premises shall
deprive the Landlord of any of its remedies or actions against the
Tenant for rent or sums due as if there has been no termination:
nor shall the bringing of T
any action for rent or breach of
covenant, or the resort to any other remedy herein provided for the
recovery of rent be construed as a waiver of the right to obtain
possession of the premises.
20. Rmingnt Domain:
(a) If all or any part of ~h~eLeased Premises shall be
taken under a power of eminent domain, compensation or proceeds
awarded for the taking of the land the building(s) and/or
improvements on '
the Leased Premises shall belong to the Landlord.
Provided, however, that the Tenant shall be entitled to receive the
compensation or proceeds awarded for the taking of the leasehold
interest resulting from the institution of eminent domain
proceedings. Nothing
herein shall prevent the Landlord from
seeking any and all damages sustained from the condemning authority
by reason of the exercise of the power of eminent domain.
(b) In the event the condemnation or taking is to such
an extent that it is impracticable for the Tenant to continue its
operations on the Leased Premises, and if facilities comparable to
the Leased Premises are then available, this Lease shall terminate
and the Tenant shall have the option to lease said facilities under
terms and conditions that the parties shall, at such time, mutually
agree upon. In the event comparable facilities are not then
available, the parties agree that prior to instituting any legal
action, they shall make a good faith effort to negotiate a remedy
equitable to each party.
11
21. Identity of Interest: The execution of this Lease or
the perform~nc6 6f '"act
any
pursuant to the provisions hereof shall
not be deemed or construed to have the effect of creating between
the Landlord and the Tenant the relationship of principal and a ent
or of a partnership or of a ~oin+ .... ~ ...... ~ .... g
~ - -~.~uL= unu =ne relationship
between them shall be and remain only that of a Landlord and a
Tenant.
22. Notices and Reports: Any notice, report, statement,
approval, ~onsent,"deslgnat'io'n] demand or request to be given and
any option or election to be exercised by a party under the
provis&ons of this Lease shall be effective only when made in
writing and delivered (or mailed by
registered or certified mail
with postage prepaid) to the other party at the address given
bel ow:
Landlord:
Tenan~t:
City of Sebastian
Attention: City Manager
P.O. Box 780127
Sebastian, Florida 32978
Sebastian River Area Little League Inc.
Attention: President '
provided, however, that either party may designate a different
address from time to time by giving to the other party notice in
writing of the change. Rental payments to the Landlord shall be
made by the Tenant at the address listed above.
23. Nondiscrimination: The Tenant for itself, its personal
representatives] S~Cc~sSors in interest and asstgns.-as part of the
consideration hereof, does hereby covenant and a r~e a
running with the land that (i) g s a covenant
no person on the grounds of
religion, gender, age, race, color, or national origin shall be
excluded from participation in, denied the benefits of, or be
otherwise ~ubJect to discrimination in the use o ,
facilities, (ii) that in t= ........ f the Tenant s
u, cons:ruc=~on oz any lmprovements on,
over or under the Leased Premises and the furnishing of services
thereon, no person on the grounds of religion, ende.
~ol~r_or ~ational origin shall be excluded ----g-- .~,,ag?: ra~e,
oenleo the benefits of, or ~um par~clpa~lon ~n,
otherwise be s~Jected to
discrimination. This provision is not intendedmodify or
preclude the Tenant from enforcing any of its rules or regulations
concerning age requirements or limitations with respect
participation in its programs.
24. Warranties: The Landlord warrants that the Landlord
full power tO execute this Lease and that it will warrant
12
has
and I
I
I
defend the leasehold interest created hereby against all parties
I whomsoever and that the Tenant, upon observing and complying with
the terms, covenants and conditions of this Lease shall enjoy the
use and occupancy of the Leased Premises during the Lease Term.
i _ ~5. _ap~ing~ No...~art.. of_Le~se: Any headings preceding the
=ex~ oI ~ne several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not
i constitute a part of this Lease nor shall they affect its meaning
construction or effect. '
I ,_ 26~ ~ If a provision of this Lease Agreement is
held' lnva£1d, it is hereby agreed that all valid provisions that
are ~eyerable from the invalid provision remain in effect. If a
provision in this Lease Agreement is held invalid in one or more
i of its applications, the provision remains in effect in all
applications.
i 27. Lease Contains All Agreements: It is expressly understood
and agreed by and between the "Pa}ties hereto that this Lease,
including the Exhibit, sets forth all the promises, agreements, and
I conditions or understandings between the Landlord and the Tenant
relative to the Leased Premises, and that there are no promises,
agreements, conditions or understandings, either oral or written,
understood and agreed that, as herein otherwise provided,
no subsequent alteration, amendment, change or addition to this
Lease shall be binding upon the Landlord or the Tenant unless
I reduced to writing and signed by them.
28. Heirs and Assignees: Ail rights and liabilities herein
given t6, 6r imposed u~0nl-the respective parties hereto shall
I extend to and bind the several and
respective heirs, executors,
administrators, successors and assigns of said parties; and if
i there shall be more than one Tenant, they shall all be bound
Jointly and severally by the terms, covenants and agreements
herein, and the word "Tenant- shall be deemed and taken to mean
i each and every p~son or party mentioned as a Tenant herein, be the
same one or more, and if there shall be more than one Tenant, any
notice required or permitted by the terms of this Lease be
may
given by or to any one thereof, and shall have the same force and
effect as if given by or to all thereof. The words "his" and "him"
or "its" wherever stated herein, shall be deemed to refer to the
"Landlord" or the "Tenant" whether such Landlord or Tenant be
singular or plural and irrespective of gender. No rights, however,
shall inure to the benefit of any assignee of the Tenant unless the
assignment to such assignee has been approved by the Landlord in
writing as aforesaid.
29. Tenant Forbidden to Encumber Leased Premises: It is
expressly"ag~eed an~ understood b~twe%n the-parties he~eto that
nothing in this Lease Agreement shall ever be construed as
13
empowering the Tenant to encumber or cause to be encumbered the I
Leased Premlses in any manner whatsoever. In the event that
regardless of this prohibition any person furnishing or clatmlng
to have furnished labor and materials at the request of the Tenant,
or any person claiming by, through or under the Tenant. she i
a lien_ against the Leased Premises Tena_~ _~_~, ..~_. 1.1_fl.le
, -~ ~,az~, Within thirty
(30) days after being notified thereof, cause such lien to be
~etrieSff/roemd ~; trheeC°_rodst~ CoO_Use .the_ Leased Premises to be released I
p g I a bono or other securtt as re
by law, or shall cause same t~ ~ ~---~ ...... ¥ P scribed
L..eas.ed Premises by an order of a court hav-~-~.._,_~=g~a_i~n, st t.he
o~scnarge such lien. T, ~ ........... ~&~8 3u&~Glc~lon to
~., ~-= cyan= =ne llen ls not disch
required ebove~_,__L.a._ndl_ord may a.dvance funds necessary to d~gc~darna~s I
· the lien and ~uuv~r any amounus so paid from Tenant. =~
30. Termination of ~isting Lease: The existing lease i
agreement da'ted' N6v6mber ~ 1984,' betW~
· .~en the parties hereto with
respect to the certain real property owned by the Landlord located I
in the City of Sebastian· Indian River County· Florida, and more
particularly described as the Main Street Field, shall terminate
upon the completion of construction on the Leased Premises.
execution b both ar and the
~= .... Y _ p ties_ of this Agreement. The Landlord agrees I
=no= =ne cons=ruction o~ Field No. 2 shall be completed on or
before January 31, 1991, and that the construction of Field No.
shall be completed on or before September 30, 1991. The Landlord I
hereby represents and warrants that the improvements
constructed on the Lease~ ~--- ............ to be
- r~.&~=~ ~na±l De Dullt in accordance
.with a.ll s. tate or local rules, reoulatlon
=o SUCh s=ructures. ~- . s or ordinances applicable I
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written, i
Attest: CITY OF SEBASTIAN
Kathry~ N.~0,~alloran, W~ ~., Conyers~ayo~r
CMC/AAE
City Clerk I
( SEAL )
Approved as to form
and cogl~ent:
~y Attorney
14
Attest
(corporate seal)
SEBASTIAN RIVER AREA LITTLE LEAGUE,
Preslde~{~ ....
15
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST TO REMOVE SPECIMEN TREE
TOZZOLO BROTHERS CONSTRUCTION CO.
Approved For Submittal By:
±~y manager
Agenda Number:
Dept. Origin: Community Development.
Date Submitted: 12/09/93 (B~/~.
For Agenda Of: 12/15/93
Exhibits: Tree removal application
and survey.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
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SUMMARY STATEMENT
Pursuant to the City Council's direction at its regular meeting of
May 22, 1991, the City of Sebastian Building Department requires a tree
removal permit to be obtained prior to removal of trees.
The applicant, Tozzolo Brothers Construction cO., is requesting removal of
four specimen trees (three pines and one oak) located at 673 Layport Drive
(Lot 12, Block 112, Sebastian Highlands Unit 2). One pine is in the
driveway area and one pine is in the drainfield area. The owner will be
installing a pool in the rear yard which will require the removal two
specimen trees (one pine and one oak).
RECOMMENDED ACTION
Move to approve the removal of four specimen trees located at Lot 12,
Block 112, Sebastian Highland Unit 2.
CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND
------ ------ -- -- ---- -- -- -- -- ~ _- _--/~- _- _-7;-_-~__77__U" __ __ __-- ____ ~_- _---_-
REMOVAL AND/OR RELOCATION-~ ~
LOT ~o.: /2 BLOCK NO.://~ UNIT ~0.,
ADDREss:CONI RACTOR ~O~<-: / OV-z.O~. O ~'OJ. . ....... .
PHONE: ', ~ 77- 3 3.a~ ' [ ......
A~D~ESS:~ .~, / ,, - ,, · .... , ..... , .... · ..... Zi'~: 3~'~X~
PHONE: ~'~.],~/ -
........ "... ' .... ....- ..... '"'""
I certify that 'all the foregoing information is accurate and
that all work will be done in compliance with the Land
Development Code ( Article XIV )
signat re ~
1. On ~rvey~ate ail specimen trees {20 inch
diameter or more}° Indicate which trees to be
removed and/or relocated. Indicate the species of
each tree. All specimen trees {20 inch diameter or
more} to be removed or relocated must obtain the
approval of the Sebastian City Council. A survey
indicating all improvements must be submitted in
relation to the removal of the specimen trees.
Applicant must tag all specimen trees with a bright
2.
ribbon around the tree approximately 6 feet above
the grade. '
Office Use Only
S~T~, INSP~.CTION U~,: ~r~='-/~2- ....... DATE.>. I Z'-~--9~....
APPROVE~, ~OR PEaM~r: YES:~ NO.' ~ ........
MUST OBIAIN CITY COUNCIL APPROVAL: YES: ~'~ NO:
/
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
PAY SCALE FOR THREE NEW
POSITIONS, IN UTILITIES DEPT.
APPROVED FOR SUBMITTAL BY:
Acting City .~/~ ,~
Manager:
Dept. Origin Personnel
Date Submitted 12~p9/93
For Agenda Of 12/15/93
Exhibits: None
EXPENDITURE
REQuiRED: s/a
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQuiRED :. N/A
SUMMARY STATEMENT
The City Council has approved, by Resolution (93-69; 93-70 and 93-
71) the job descriptions for the three new positions within the
Utilities Department. The following is a summary of
recommendations for salary ranges:
Water/Wastewater Treatment Plant Superintendent:
Salary Range at Indian River County:
Salary Range at Vero Beach:
$12.44 -- $16.04
$14.18 -- $21.28
Recommended Salary Range - Sebastian: $13.00 - $15.70
(New range will fall between Building Inspector II &nd Street
and Drainage Superintendent.)
water/Wastewater Treatment Plant Operator:
Salary Range at Indian River County:
Salary Range at Veto Beach:
$10.16 - $13.71
$11.11 - $14.61
Recommended Salary Range - Sebastian: $10.64 - $13.19
(Range is in the same pay grade as Engineering Technician;
Computer Operator; Building Inspector I and Zoning
Technician.)
Water/Wastewater Treatment Plant Trainee:
Salar~ Range at Indian River County: $7.90 - $10.25
Salar~ Range at Veto Beach: don't hire trainees
Recommended Salar~ Range - Sebastian: $7.90 - $9.67
(Same pay scale as Maintenance Worker I.)
RECOMMENDED ACTION
Move to a~prove the pay scale for:
Water/Wastewater Plant Superintendent at $13.0_0 - $15.70;
the Water/Wastewater Plant Operator at $10.64 $13.19; and
the Water/Wastewater Plant Trainee at $7.90 - ~0.&5.
doc: agenda
DATE:
TO:
FROM:
RE:
Citx of Sebastian
/07.2.5'- / '//,2 //~ , .~ 7 ,
.......... D,C~× ~'~;27 D SEBASTIAN, FLORIDA~
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
MEMORANDUM
December 7, 1993
Mayor Powell and city Council Members
Kathryn M. O'Halloran g ~
city Clerk/Acting City Manager '
Relocation of Polling Place for Precinct 16
Attached please find letters from Ann Robinson, Supervisor of
Elections and A1 Thompson, Sebastian Elks Lodge, relative to
relocation of the polling place for Precinct 16 from the Calvary
Baptist Church to the Sebastian Elks Lodge No. 2714, 731 South
Fleming Street, due to the need for a larger facility.
No City Council action is necessary. This is for information
purposes only. All related documents for election will be
amended accordingly.
sam
DEC-07-1993 11:44 FROM IRC ELECTIONS SUPERVISOR TD
58955?0 P. O1
ANN ROBINSON
SUP£RV]SOR OF £L.ECT~ONS
1840 257H STREET. SUITE N-lO9
V1~RO BEACH. FLORIDA 32960-3394
TELE:PHONE, S: (a0?) .567,-8187 oF ~67-&000
December 7, 1993
Mrs. Kay O'Halloran, City Clerk
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Dear Kay: m
fax Iran~mi~l memo 7B7'1
IllllTll IIIIIIIII Iii I IIII
We'are pleased to let you know that the Sebastian Elks Lodge
NO. 2714 at 731 South Fleming Street, Sebastian, has agreed
tO let us use its facilities as a polling place for Precinct 16.
A copy of the letter from A1 Thompson, Exalted Ruler, is also
attached.
This lShOuld provide a larger place for the 2,063 voters in
Precinct 16. We will send new voter ID cards to every one
of the registered voters in February, about a month prior
to your city election on March 8.
Sincerely,
Ann Robinson
Supervisor of Elections
Indian River County
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IDEC-07-1993 11:44 FROM IRC ELECTIONS SUPERUISOR TO
!
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SEBASTIAN LODGE NO. 2714 B.P.O. ELKS
58955?0 P.02
A Fratema/
thc OFF~CE 1'.0. BOX ~
~ls R~. No.
Dec 2 1993
Joyce Juliano
~840 25
Veto Beach Fl. 32960
Dear Joyce;
In response to our telephone concersation, please be advised
that the Sebastian Elks Lodge ~2714 would be pleased to have
you use the lo~ge as a election point. If you would like to
insp~c~ our building, the Secretary will be in his o~fice on
we~. an~ Friday at one (q) P.M- We are looking forward to our
association.
Fraternally ~
TOTAL P.02
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Utilities System
Revenue Bond Resolution
Approved For Submittal By:
City Manager
EXPENDITURE
REQUIRED:
) Agenda
)
)
) Dept. Origin Finance (MS)~
)
) Date Submitted 12/9/93
)
) For Agenda of 12/15{93
)
) Exhibits:
)
) Resolution No. R-93-76
)
)
J IIII III~IIIII! IIIIIII ~ I III
]~MOUNT APPROPRIATION
BUDGETED: REQUIRED:
~ARY,,,~TATEMENT
As we conclude the bond financing process, a number of final
revisions may be required to the authorizing Bond Resolution.
Most of the changes are now due to requirements of the government
bond insurer, M.B.I.A.
We are still on schedule for a December 16, 1993 closing.
final revisions can be expected up through December 15.
However,
RECOMMENDED ACTION
Move to adopt Resolution No. R-93-76 which restates, amends and
supplements the Bond Resolution R-93-67 and authorize the Mayor to
sign and the city Clerk to attest to same.
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT:
Bond Financing For
Utilities
Approved For Submittal By:
city Manager
~ I I III I III ~I
EXPENDITURE
REQUIRED:
LI I IIIIIII I IIIIII I
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
IIII
AMOUNT
BUDGETED:
Agenda No.
Dept. Origin
Date Submitted
Finance (MS)//~
12/9/93
For Agenda of
12Z15/93
Exhibits:
Resolution No. R-93-77
With Exhibit "A" - Bond Purchase
Agreement (Contract) and With
Exhibit "B" - Preliminary
official Statement and With
Exhibit "C" - Barnett Bank
Letter of Representations
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Certain terms, conditions and details of Bond Resolution R-93-68
must be restated, amended and supplemented to conclude the bond
financing process.
This Resolution also provides for the Bond Purchase Contract, a
final draft of the Preliminary official Statement and the Barnett
Bank Letter of Representations as Exhibits "A", "B" and "C", all
of which were subject to change due to insurance commitment
requirements and market place financing fluctuations up through
the actual sale of the bonds.
(continued on next page)
Agenda No. page 2 of --2
RECQM~ENDEDACTiON
Move to adopt Resolution No. R-93-77 which further restates,amends
and supplements the Bond Resolution R-93-68 and;
> approve Exhibit "A", the Bond Purchase Contract and;
receive Exhibit "B", the Preliminary Official Statement
(POS) and;
receive Exhibit "C", the Barnett Bank (Paying Agent)
Letter of Representations and;
authorize the Mayor to sign and the City Clerk to attest
to same as amended, restated, supplemented and revised.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
A ENt lZORM
SUBJECT:
Ordinance No. 0-93-21
Charter Revision Re: Airport
APPROVED FOR SUBMITTAL BY:
City Manager:
Agenda No.
Dept. Origin
Date Submitted
ci~ Clerk
12/7/93
For Agenda Of 12115/93
Exhibits:
* city Attorney Letter
dated 12/3/93
* O-93-21 Revised
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
Revised Ordinance No. O-93-21 is presented for first reading in
accordance with city Council direction at its December 1, 1993
workshop.
In addition to the deletion of the second full paragraph of
paragraph 10 of section 1.02 of the Charter, it has been brought
to our attention by the Supervisor of Elections that the polling
place for Precinct 16 will relocate to the Elks Lodge, therefore,
page four of the Ordinance has been amended to indicate that.
RECOMMENDED ACTION
Move to approve Ordinance No. O-93-21 and schedule the public
hearing for January 12, 1994.
FRESE. I~IASH ~ ToRP¥. P.-~
ATTORNEYS AT ~AW
G~Y B. ~s~ * 930 S.
C~ ~ N~. S~ 505
V~c~ O. To,~, J~. ~ ME~OU~. ~RIDA 32901
~C~D E. To~ (407) 9~4-~300
J. ~c~ ~ON F~ (40~ 951-3741
Cms B~ Fos~
oF COUNSEL
MS. Kathryn M. O Halloran, CMC/~E
Interim City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE:
Proposed Ordinance No. 0-93-21
Airport Referendum File No.: 88-2920
Dear Kay:
I have enclosed with this letter the revised version of
proposed Ordinance No. O-93-21 for your review and comment. I
realize that you may desire to have the airport manager also review
the revised Ordinance prior to presenting it to the City Council
for first reading on December 15, 1993.
I was hopeful that I might receive some input from some of the
Council Members pertaining to the form and content of the
Ordinance, especially with respect to the ballot language.
However, due to the tight deadline and the fact that I have not
received any contact from anyone as of this date, I have forwarded
the revised Ordinance to you for review.
Please take note of the provisions of §101.161 of Florida
Statutes regarding the fact that the ballot title cannot exceed
fifteen words in length and the explanatory statement cannot exceed
seventy-five words in length.
If you have any questions concerning the contents of this
Ms. Kathryn M. O'Halloran
December 3, 1993
Page Two
letter, please do not hesitate to contact me.
CIN/bl
Enclosure as stated
cc: Charter Amendment File
Very trul~ours,
FRESE,~S~TORP¥,
Charles Ian Nash
City Attorney
Poa.
ORDIN;tNCE NO. 0-93-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; PROVIDING FOR REVISIONS TO
SECTION 1.02 OF THE CITY CHARTER TO DELETE PORTIONS
THEREOF WHICH WOULD INTERFERE WITH THE IMPLEMENTATION OF
THE MASTER PLAN FOR THE SEBASTIAN MUNICIPAL AIRPORT;
PROVIDING FOR THE DELETION OF THE SECOND FULL PARAGRAPH
OF PARAGRAPH (7) OF SECTION 1.02 OF THE CITY CHARTER;
PROVIDING FOR THE DELETION OF SUBSECTIONS (7.1), (7.2),
(?.3)~, (7.4), (7.5) AND (7.6) OF SECTION 1.02 OF THE CITY
ClI~RTER IN THEIR ENTIRETIES; PROVIDING FOR THE DELETION
OF THE BECOND FULL PARAGRAPH OF PARAGRAPH (10) OF SECTION
1.02 OF THE CITY CHARTER; PROVIDING FOR THE MANNER IN
WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE
TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE
CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A
COPY OF THE ORDINANCE; PROVIDING FOR A PUBLIC NOTICE OF
SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of Florida Statutes provides that the
governing body of a municipality may submit to the electors of that
municipality a proposed amendment to all or part of its charter;
and
WHEREAS, the city Council of the City of Sebastian, Indian
River County, Florida, (the "City Council") has determined that
certain revisions should be made to the City Charter in order to
delete provisions contained therein which would impair the ability
of the City to implement the Master Plan for the Sebastian
Municipal Airport which was previously approved by the City
Council; and
WHEREAS, the City Council desires to submit the amendments to
the City Charter for ratification by the electors of the City of
Sebastian, Indian River County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section ~. That the existing Section 1.02 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting the second full paragraph of Paragraph (7) of Section 1.02
in its entirety whereby, hereafter, Paragraph (7) of Section 1.02
shall read as follows:
'"(7) Airports. To purchase, acquire, take, hold,
establish, construct, equip, maintain and operate
municipal airports, landing fields, hangars, aviation
terminals and administration buildings, runways, depots,
warehouses, garages, repair shops, oil and fuel tanks or
stations, or other necessary appurtenances for the use of
airplanes and other aircraft, and to acquire or lease any
and all real property within the corporate limits, or
within ten (10) miles of the boundaries thereof, for such
purpose; to set apart and use for such purpose any real
property owned or leased by the city, whether or not
originally acquired by condemnation, purchase or lease
for another purpose; to adopt and enforce reasonable
rules and regulations governing the use of such municipal
airports; to employ airport directors, airport managers,
employees or agents in connection with such operation; to
impose fees or charges in connection with the use of such
airport or airport facilities; to sell gasoline or other
supplies necessary in connection with the operation of
such airports; to provide lounges, eating places,
refreshment parlors and other facilitates in connection
with such municipal airports; to let or lease to private
persons or corporations portions of the said airports for
building sites, hangar space, concessions or other uses
for a term not to exceed twenty (20) years; to prescribe
and promulgate reasonable rules and regulations for the
operation of such airports, and to exercise supervision
and control of such operation; to accept and receive
grants from the state and federal governments and any
body politic for the construction, maintenance, operation
and management of such airport facilities."
Section 2. That Subparagraphs (7.1), (7.2), (7.3), (7.4),
(7.5) and (7.6) of Section 1.02 of the City Charter of the City of
Sebastian, Florida, are hereby deleted in their entirety.
Section 3. That the existing Section 1.02 of the City
Charter of the City of Sebastian, Florida, is hereby amended by
deleting the second full paragraph of Paragraph (10) of Section
1.02 in its entirety whereby, hereafter, Paragraph (10) of Section
1.02 shall read as follows:
"(10) Golf course.
operate a golf course
To acquire, construct, own, and
or golf courses and all such
buildings and improvements as said city may deem
necessary or desirable for use in connection therewith,
within or outside of the limits of said city; to use any
lands now owned by said city for the purpose of a golf
3
course or golf courses, and to acquire by purchase,
lease, condemnation or otherwise for such purposes any
lands within or outside the limits of said city as it may
deem necessary or desirable, to charge reasonable
admissions, rentals or fees for the use or enjoyment of
such golf course or golf courses by the users thereof,
and prescribe reasonable rules and regulations for the
use and operation thereof."
Section 4. An election is hereby called and scheduled to
be held on March 8, 1994, to determine whether the revisions to the
City Charter of the City of Sebastian, Florida shall be approved by
a majority of the votes cast in such election, in which the
qualified electors residing in the City of Sebastian shall
participate.
Section 5. The places of voting in such election shall be
the usual places of voting in the City of Sebastian, Florida, in
the regular election as determined under the applicable provisions
of Florida law, which are currently as follows:
PRECINCT POLLING ~LACE
Precinct 12 .......................... The Sebastian Community Center
1805 North Central Avenue
Precinct 14 .......................... First Church of the Nazarene
50 South Wimbrow Drive
Precinct 15 .......................... The North Indian River County
Library
1001 Fellsmere Road (CR 512)
Precinct 16 .......................... Sebastian Elks Lodge No. 2714
731 South Fleming Street
SectioD.....~. The purpose of this election shall be to
present a referendum issue to the electors of the City of Sebastian
of whether or not to adopt revisions to the City Charter. The
ballot shall be substantially in the following form:
BALLOT
CiTY OF SEBASTIAN, FLORIDA
Referendum
~efe~endum NQ- 1: Amending City Charter to delete provisions
interfering with implementation of Sebastian Municipal Airport
Master Plan.
Shall the City of Sebastian amend Section 1.02 of the City
Charter by deleting the second full paragraph of Paragraph (7),
deleting Subparagraphs (7.1), (7.2), (7.3), (7.4), (7.5) and (7.6)
in their entireties, and deleting the second full paragraph of
Paragraph (10), to facilitate the implementation of the Master Plan
for the Sebastian Municipal Airport by removing provisions of the
City Charter that are in conflict with the provisions of the Master
Plan?
Yes for Approval
No for Rejection
Section 7. Effective Date. This Ordinance shall become
effective immediately upon its adoption.
5
The foregoing Ordinance was moved for adoption by Council
Member
Council Member
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
Council Member Norma j. Damp
'Council Member Robert Freeland
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of ., 1993.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1993, and
that following said public heari~g this Ordinance was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
City of Sebastian
1225 Main $'treet n SEBASTIAN, FLORIDA
TELEPHONE (407) 589-5330 D FAX'(407) 589-5570
SUBJECT: FIRST READING OF
ORDINANCE O-93-13 REGARDING
RESTRICTIONS ON WATERWAY
Approval for Submittal By:
.C/i~t~M~a~nage r
32958
) Agenda Number: q~. /2¢
)
) Dept. Origin: Commu~ity..Deve.lopment .
) (BC~
) Date Submitted: 12/7/93
)
) For Agenda Of: 12/15/93
)
) Exhibits:
) 1. Letter dated 11/1/93 from Richard
) Torpy
) 2. Ordinance O-93-13
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular workshop meeting of April 7, 1993, the City Council authorized
the City Attorney to draft an ordinance regarding restrictions on waterways
provided the proposed ordinance was changed regarding transient live-aboards
and their length of stay. T~he. City Council a~reed to allow a maximum of 30
da~tay within a 12. mqnth ~e~iod for'a transient li~e~ab~rd. --.
In reviewing Mr. Torpy's letter dated November 1, 1993, you will find some
items in the proposed ordinance were eliminated due to the City Attorney's
review of this ordinance. Mr. Torpy has also determined that there is no
need for a specific penalty clause within this ordinance and the Code
Enforcement Board would have jurisdiction over this matter.
RECOMMENDED ACTION
Move to approve first reading of Ordinance O-93-13 and set the public hearing
for January 12, 1994.
OF COUNI[I]I~L
i~RESE. ~T.~SH (~ TOKPY. P..k.
ATTOI~NEYS AT LAW
930 S. I-I_~o~ Crr~ BLvd.
Sgrr~- 505
M~o~, ~mD~ 3~901
(40~ 984-3300
F~ (40~ g5~741
~B~ C~ ~ T~oN
* Bo~ C~ ~ ~ &
E~A~ W~
November 1, 1993
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re:
Waterway Ordinance 0-93-13
Our File No. 93-9643
Dear Bruce:
Enclosed is a revised version of Ordinance 0-93-13 pertaining to
regulation of waterways. I have made numerous changes from the
draft that was provided to my office. The majority of the
substantive changes are contained in the section pertaining to
regular mooring of watercraft. I have eliminated what was your
paragraph 2 which stated that watercraft shall not be regularly
moored along any shore without the consent of the riparian land
owner. The reason I have removed this section is that I believe
this puts the City in the position of trying to enforce private
property owners rights. I do not believe that this is a situation
the City of Sebastian wishes to be in.
I have not removed what was subsection 3, relating to watercraft's
right to navigate within waters of the City. I question, however,
why we are making this statement. We are trying to regulate
regularly moored watercraft, yet this section is talking about the
right to navigate waters in general.
Similarly, subsection 4 does not appear to fit properly within the
section regulating regularly moored watercraft. I have, however,
left it in.
I have completely eliminated what was your subsection 6. This is
already regulated by Florida law and attempting to re-express this
law, in my opinion, is confusing. If you wish to have a provision
in here relating to pollution control, it should simply state that
Mr. Bruce Cooper
Director of Community Development
November 1, 1993
Page -2-
regularly moored watercraft shall strictly comply with all State
and Federal regulations with regard to litter control and
dispensing of raw human waste.
Finally, I note that the ordinance contains no penalty for
violations of these provisions, i believe it is necessary for you
to determine what the appropriate penalties will be and include
them as part of this ordinance.
The Only other changes I have made to the ordinance are numbering.
As you can see, I have added a new Section A which is a definition
section. This has resulted in a renumbering of all of the
sections.
If you have any questions with regard to the ordinance as amended,
please let me know.
Sincerely,
FRESE, NASH & TORPY, P.A.
Richard E. Torpy
RET/lb
Enclosure
ORDINANCE NO. 0-93-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDAv AMENDING~ IN ITS ENTIRETY, SECTION 20A-
5.10 OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN PERTAINING TO REGULATION OF WATERWAYS,
WATERCRAFT AND MARINE RELATED STRUCTURES~ PROVIDING FOR
REPEAL OF ORDINANCE$OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR CODIFICATION~ PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian has
determined that an amendment to the Land Development Code of the
City of Sebastian, pertaining to waterways, watercraft and marine
related structures is necessary in order to regulate the location
of docks, davits and structures accessory thereto within the local
canals and lakes within the City of Sebastian, to regulate the use
of self propelled boats within local canals and lakes and also to
regulate live-aboard activity within waterways of the City of
Sebastian; and
WHEREAS, the city staff has prepared revisions to the Land
Development Code consistent with the Council's desires; and
WHEREAS, the City Council has determined that an amendment to
the Land Development Code relating to waterway regulations is
necessary to protect the public health, safety and welfare of the
City of Sebastian's residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS:
Section 1. Section 20A-5.10 of the city of Sebastian Land
Development Code is hereby amended in its entirety as follows:
"SECTION 20A-5.10 REGULATION OF WATERWAYS, WATERCRAFT AND MARINE
RELATED STRUCTURES.
A. Definitions.
The Following words, terms and phrases, when used in this
article shall have the means ascribed to them in this section,
except where the context clearly indicates a different meaning:
1. Boat or vessel. Every description of self-propelled
watercraft used or capable of being used as a means of
transportation on water, including all types of boats and all uses
thereof. As used herein, the terms boat or vessel are synonymous
with watercraft.
2. Floatinq home...~. Any waterborne structure designed for or
used primarily as a dwelling which either does not have an operable
motor on board at all times, or which is not capable of manual or
self-propulsion and controlled steering for removal from the dock
in the event of an emergency.
3. Live-aboard vessel. Any vessel used solely as a
residence for a period of more than thirty (30) days in a twelve
month period.
4. R.~ular moorin~ of watercraft. Any vessel moored,
anchored, or docked in the same general area at least eight (8)
hours within any day (twenty-four (24) hour period), for ten (10)
days, not necessarily consecutive, within any calendar month.
5. Transient live-aboard vessel. Any vessel used solely as
a residence for a period of less than thirty (30) days in a twelve
month period.
6. Watercraft. See definition for "Boat or Vessel".
7. Water~pendent. Any activity, building or use which
requires that it be conducted or constructed upon one of the waters
of the state, to ensure its existence.
8. Water-related. Any activity, building or use associated
with utilization of the waters of the state.
9. Waters of the City. Watered routes within the city
limits, potentially transitable, which were established as outlets
from federal and state sovereign waterways and are subject to
federal pre-emption; or waters over lands held in trust by the
State of Florida Trustees of the Internal Improvement Trust Fund
(TIITF); or waterways platted as drainage easements or canals and
deeded to the City of Sebastian to be maintained as stormwater
management districts, and which, from time to time, following
action by the controlling body after rain events or other reason,
fill sufficiently to sustain the draft of a boat or vessel thus
allowing use of the waterway as a .roadstead for waterborne
transportation.
B. Docks, piers, wharves, davits, lifts and pilings.
Accessory docks and unwalled boat shelters, davits, lifts and
pilings, shall be permitted and erected in accordance with the
following regulations.
me
Ail docks, piers or wharves and associated pilings, and
all davits or lifts whether associated with a dock or
erected separately, shall require a building permit from
.the Community Development Department and other applicable
permit(s), as required, through the State of Florida
and/or federal regulatory agencies, including the U.S.
Army Corps of Engineers and/or any other agency having
appropriate jurisdiction.
All docks, pilings or wharves, as permitted, shall be
located so as to not interfere with the riparian rights
of adjacent properties.
All docks, piers, wharves, davits and lifts, as
permitted, shall be located to meet the following
requirements:
Local canals and lakes - Said structure is located
within the center one-third (1/3) of the waterfront
footage of the property and shall not extend
further than 20 feet or one-third (1/3) of the
width of the waterway, whichever is the lesser
distance.
Indian River Lagoon & Sebastian River - As
permitted by applicable State and Federal
regulations.
Ail off-shore pilings shall not project further above the
surface of the water than is reasonably necessary for
their use and be located no further from the rear
property line than:
ae
Local canals and lakes - 20 feet or 1/3 the width
of the waterway, whichever is the lesser distance.
Indian River Lagoon or
permitted by applicable
regulations.
Sebastian River - As
State and Federal
This section notwithstanding, alternate site plan
specifications may be presented to the planning and
zoning commission for review and approval, as deemed
necessary by the applicant.-
C. Regular mooring of watercraft / live-aboard regulations.
1. The following restrictions shall apply to regularly
moored watercraft:
Regularly moored watercraft shall not be permitted
as business offices or other related commercial
enterprises. This provision shall not preclude the
regular mooring of watercraft for fishing
operations, charters, pleasure and other water-
dependent uses, provided said mooring is located at
an approved private dock, commercial marina, or
approved anchorage identified by the United States
Coast Guard and depicted on nautical charts.
Ail watercraft shall have the right to navigate
within waters of the City, and may anchor in
locations not otherwise restricted by local, state
or federal regulation.
Ail watercraft utilizing the waters of the City
shall be maintained in a seaworthy condition,
except when in a permitted repair area.
Under no circumstances shall any vessel anchor or
moor in areas that have been determined by the
Florida Department of Natural Resources as
protected areas for wildlife and plant life in the
submerged lands. And in no event shall any owner
or operator of any vessel discharge any untreated
human waste from said vessel.
Live-aboards are not permitted within the City of
Sebastian.
Transient live-aboards are permitted within the
City of Sebastian subject to the following
conditions:
Any commercial marina within the City limits
may maintain moorings and/or slips at docks
for transient live-aboards, to encourage the
use of the waterways of the City and to
promote an increase in the economic base of
the community.
(a)
Ail such facilities shall provide litter.
receptacles and marine sanitation pump-
out facilities as required by the Federal
Environmental Protection Agency and the
Florida Department of Environmental
Regulation.
(b)
Such facilities may make available to
users of offshore moorings a dock
expressly for the purpose of 'accessing
said moorings by dinghy or other small
vessel; and may charge a reasonable price
for the use of said dock.
In all cases, users of U.S. Coast Guard-
approved anchorages or commercial facilities
shall maintain their vessels in seaworthy
condition, and shall:
(a)
Abide by requirements to remove vessel
from said premises for good cause,
including but not limited to hurricane
conditions or other storms, navigational
hazards, or other unforeseen events.
(b)
Any regularly moored vessel with an
absentee owner shall be maintained in
seaworthy condition, and shall be removed
from its regular mooring to a safer
location following notification to do so
by federal, state or local regulatory
agencies, should weather or other
hazardous conditions preclude continuance
at the regular mooring site."
D. Boat Limitations on City Waterways.
Only boats powered by electric motors, canoes and paddle boats
may navigate local canals and lakes within the city limits of
Sebastian. The Sebastian River and the Indian River Lagoon are
excluded from this restriction.
Section 2. CONFLICTS. Ail ordinances or
ordinances in conflict herewith are hereby repealed.
parts of
Section 3. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and the word
5
"Ordinance" may be changed to "Section," "Article" or other
appropriate designations.
Section 4. SEVERABILIT¥. In the event a court of
competent jurisdiction shall hold or determine that any part of
this ordinance is invalid or unconstitutional, the remaining
provisions of this ordinance shall not be affected and it shall be
presumed that the City Council of the City of Sebastian did not
intend to enact such invalid or unconstitutional provision. It
shall further be assumed that the City Council would have enacted
the remainder of this ordinance without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 5. EFFECTIVE DATE. This ordinance shall become
effective immediately upon its adoption.
The foregoing ordinance was moved for adoption by Council-
member . The motion was seconded by
Councilmember and, upon being put to a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this ordinance duly passed and
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
6
ordinance at 7:00 p.m. on the day of , 1993, and
the following said public hearing this ordinance was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to form and content:
Charles Ian Nash, City Attorney
7
City of Sebastian
1225 Ma±n Streo[: ~.~ SEBASTIAN, FLORIDA
TELEPHONE (407) 589-5330 ~:~ FAX (407) 589-5570
SUBJECT: FIRST READING OF
ORDINANCE O-93-14 REGARDING
ANIMALS
Approval for Submittal By:
32958
Agenda Number: 7D'
Dept. Origin: Community Development
Date Submitted: 12~Q.9/93
For Agenda Of: ..1~/1~/93
Exhibits:
1. Ordinance O-93-14
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular workshop meeting of April 7, 1993, the City Council authorized
the City Attorney to draft an ordinance amending Chapter 18 pertaining to the
animal ordinance. Specifically, this ordinance has been changed to allow the
keeping of two fowl on any single lot. This ordinance specifically prohibits
the keeping of pigeons and livestock within the City of Sebastian.
RECOMMENDED ACTION
Move to approve first reading of Ordinance O-93-14 and set the public hearing
for January 26, 1994.
ORDIN~NCE NO. 0-93-L4
AM ORDINANCE OF THE CITY OF SEBASTIAN, IITDI~N RIVER
COUNTY, FLORID&, ~d~ENDING CHAPTER LB, OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
~NII4ALS; PROVIDING FOR REPF,~.L OF ORDINANCF~OR P~tTS OF
ORDINANCES IN CONFLICT HEREWITH; PROViDiNG FOR
CODIFICATION; PROVIDING FOR S~ILiTY~ ~ PROVIDING
FORA N EFFECTIVE D&TEo
WHEREAS, the City Council of the City of SebaStian has
determined that an amendment to the Animal Control Ordinance of the
City of Sebastian is necessary to accommodate the desire of its
citizens to keep animals not currently permitted within the City of
Sebastian; and
WHEREAS, the City staff has prepared revisions to the Code of
Ordinances consistent with the Council's desires; and
WHEREAS, the City Council has determined that an amendment to
the Code of Ordinances relating to the keeping of certain animals
is consistent with the public health, safety and welfare of the
City of Sebastian's residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS:
~ection 1. CHAPTER 18 AMENDED.
Chapter 18 of the City of Sebastian Code of Ordinances is
hereby amended in its entirety as follows:
"ANIMALS
~RTICLE I. IN GENEP~
Sec. 18-1. City designated bird and wildlife sanctuary;
unlawful to shoot or trap birds and certain animals;
permit to kill; signs.
The City, including all lands now and hereafter within its
territorial limits, is hereby established as a sanctuary and a
reserve for all birds and fur-bearing animals; and it shall be
unlawful for any person to hunt, kill, shoot or trap or in any
manner kill or destroy such birds and fur-bearing animals within
the City limits unless written permission is expressly granted to
an individual or group by the city manager. The city manager is
hereby authorized to issue a permit for the killing or destroying
of any birds and fur-bearing animals that become obnoxious or
destructive. Appropriate signs of a permanent nature approved by
the city council may be furnished, placed and maintained at the
principal entrances to the City limits.
Secs. 18.2--18.25. Reserved.
Section 18-26. Definitions.
The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Fowl means all types of chickens, ducks, turkeys, geese,
guineas, or similar birds.
Livestock means all animals of the equine, bovine or swine
class, including goats, sheep, mules, horses, hogs, cattle and
other grazing animals.
Nondomesticated animal means any animal other than livestock,
fowl or any dog, cat, bird or similar animal.
Danqerous animal or ~eptile means any wild or feral mammal or
reptile which by its nature or breeding has the capability of
inflicting serious bodily injury to humans.
Section 18-27. Animal Enclosure.
Ail pens, cages, coops, lofts or enclosures wherein animals,
fowl or birds are kept shall be securely built and maintained,
adequate in size for the kind and number of animals, fowl or birds
contained therein and maintained in a sanitary condition; such
enclosures shall be cleaned and maintained so as to not become
offensive to residents or businesses adjacent thereto. The keeping
of enclosures under conditions allowing the breeding of flies is
specifically prohibited.
Section 18-28. Pens, coops, etc. for small animals.
(a) Any person keeping small animals, including but not
limited to rabbits, guinea pigs, rats, mice and gerbils shall keep
such animals in a pen, cage or enclosure meeting the requirements
of Section 18-27. When more than two (2) but less than ten (10)
such animals are kept, such pen, cage or enclosure shall be at
least twenty (20) feet from any adjacent property line. When ten
(10) or more such animals are kept, such pen, cage or enclosure
shall be at least fifty (50) feet distant from any adjacent
property line. These requirements shall not apply to animals kept
totally within a residence.
(b) Small animals kept in or by a duly licensed or
established shelter, veterinary clinic, pet store, zoo, or
educational or institutional research facility are exempt from the
provisions of this section.
Section 18-29. Keeping of fowl.
(a) 'Any person keeping fowl shall keep them in a pen, coop,
or enclosure meeting the requirements of Section 18-27 of this
Article. No more than two (2) such fowl may be kept on any single
lot.
(b) Fowl kept in or by a duly licensed or established
shelter, veterinary clinic, pet store, zoo, or educational or
institutional research facility are exempt from the provisions of
this section.
Section 18.30. Keeping of pigeons prohibited.
It shall be unlawful for any person to keep or harbor pigeons
within the City of Sebastian.
Section 18.31. Keeping of livestock prohibited.
It shall be unlawful for any person to keep, maintain, pen or
feed livestock or nondomesticated animals within the City of
Sebastian.
Section 18.32. Dangerous animals or reptiles.
(a) It shall be unlawful for any person to keep, raise,
harbor, use, possess or have on his premises or under his control
or attempted control any dangerous animals within the City of
Sebastian.
(b) Dangerous animals kept in or by a duly licensed or
established shelter, veterinary clinic, pet store, zoo, or
educational or institutional research facility are exempt from the
provisions of this section.
(c) In addition, it shall be unlawful for any person to keep,
raise, harbor, use, possess or have under his control or attempted
control any animals commonly known as ratites, which include, but
are not limited to ostrich, rhea, emu and cassowary."
3
Section 2. CONFLICTS. Ail ordinances or parts
ordinances in conflict herewith are hereby repealed.
of
Section 3. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and the word
"ordinance" may be changed to "Section," "Article" or other
appropriate designations.
Section 4.. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this ordfnance is invalid or unconstitutional, the remaining
provisions of this ordinance shall not be affected and it shall be
presumed that the City Council of the City of Sebastian did not
intend to enact such invalid or unconstitutional provision. It
shall further be assumed that the City Council would have enacted
the remainder of this ordinance without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 5. EFFECTIVE DATE. This ordinance shall become
effective immediately upon its adoption.
The foregoing ordinance was moved for adoption by Council-
member . The motion was seconded by
Councilmember and, upon being put to a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this ordinance duly passed and
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
i HEREBY CERTIFY that notice of public hearing on this
ordinance was published in the Veto Beach Press Journal as required
by State Statute, that one public hearing was held on this
ordinance at 7:00 p.m. on the day of , 1993, and
the following said public hearing this ordinance was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to form and content:
Charles I~n Nash, City Attorney
5
I City of Sebastian
1225 Main Street o SEBASTIAN, FLORIDA
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
SUBJECT: FIRST READING OF
ORDINANCE O-93-18 REGARDING SIGN
ORDINANCE
APproval for Submittal By:
City Manager
32958
Agenda Number:
Dept. Origin: C°mmunityDeYe!ppmentc~/'v~
Date Submitted: 11/17/93
For Agenda Of: 12/15/93
Exhibits:
1. Ordinance O-93-18
2. Letter dated 11/1/93 from Richard
Torpy
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular workshop meeting of April 7, 1993, the City Council directed
the City Attorney to draft an ordinance revising the sign ordinance within
the Land Development Code.
IThe City Attorney and staff have reviewed the ordinance and have incorporated
the proposed changes that the City Council had requested which are as
follows:
I1.
Section 20A-15.8(A) (Page 29) has been changed to allow existing non-
conforming signs to remain provided they are not damaged more than 50
percent. The previous ordinance required the removal of non-conforming
signs within a 5 year period.
Section 20A-15.7(D) (Page 29) has been changed to regulate off-premise
signs with limitations. This would allow a sign not exceeding 32 square
feet to used as a directional sign for any business.
Section 20A-15.7(C)(2) (Page 26) has been changed to allow all wall
signs along the street frontage to cover 15 percent of the building
facade. The previous ordinance allowed a certain percentage of facade
si~s on a sliding scale depending on the size of the facade.
Page 2
The Assistant City Attorney, Richard Torpy, has changed Section 20A-15.5(B)
(Page 13) which eliminates the posting of.a $25.00 bond for political signs.
In lieu of the posting of the bond~ there is now a section that provides a
fine for failure to remove the signs or for placing signs in a restricted
area. Also, he has revised the last section regarding the removal of non-
conforming signs and enforcement of violations of this ordinance.
Since the time of the workshop meeting, staff has been approached by several
realtors regarding the size of real estate signs for commercial properties
and.off-premise signs for an open house. The realtors would like to see the
code changed to allow commercial real estate signs to have 32 square feet
(instead of 16 square feet) and would also like to allow off-premise
directional .signs for vacant lots, whereas the code currently allows them
only
for
improved
properties
having open house. Staff would not object to
the proposed increase of the commercial real estate sign but, would not
recommend changing off-premise signs for open house to include vacant lots.
The restriction for open house signs for improved properties is to have the
sign removed at the end of the day. If the code is changed to allow vacant
lots to utilize off-premise signs, I would venture to say that these signs
would'be left permanently up until the lot is sold.
RECOMMENDED ACTION
Move to approve first reading of Ordinance O-93-18 and set the public hearing
for January 12, 1994.
ORDINANCE NO. 0-93-18
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING DIVISION iV, ARTICLE XV,
SECTION 20A-15.1 ET. SEG., OF THE LAND DEVELPMENT CODE OF
THE CITY OF SEBASTIAN PERTAINING TO SIGN REGULATIONS IN
ITS ENTIRETY; PROFIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; ]~ND PROVIDING
FOR AN EFFECTIVE DATE.
WHERF2~S, the city Council of the city of Sebastian,
desires to promote and protect the public health, safety, and
general welfare of =he citizens of city of Sebastian, Florida,
by regulating and limiting the existing and proposed posting,
display, erection, use, and maintenance of signs, billboards,
posters, bulletins and other advertising structures within the
City; and
WHEREAS, the city Council of the City of Sebastian,
further intends to protect the property values, create a more
attractive, economic and business climate, enhance and protect
the physical appearance of the community, preserve the scenic
and natural beauty of the City and provide a more enjoyable
and pleasing community by regulating and limiting the existing
and proposed posting, display, erection, use, and maintenance
of signs, billboards, posters, bulletins and other advertising
structures within the City; and
WHEREAS, the City Council of the City of Sebastian,
intends to improve vehicular and pedestrian safety, provide
more open space, curb the deterioration of natural beauty, and
reduce visual pollution by regulating and limiting the
existing and proposed posting, display, erection, use, and
maintenance of signs, billboards, posters, bulletins and other
advertising structures within the City;' and
WHEREAS, the City Council of the City of Sebastian, deems
it necessary to amend its current sign regulations for this
purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Sec%ion ~. Sign Regulation Amended.
DiviSion IV, Article XV, Section 20A-15 et. Seq. of the
Land Development Code of the City of Sebastian, pertaining to
sign regulations, is hereby amended in it entirety as follows:
"DIVISION IV. SiGN ORDINANCE
ARTICLE XV. SIGN REGULATIONS
Sec. 20A-15.1. Purpose and intent.
It is the intent of this article to promote and protect the
public health, safety and general welfare of citizens of the
City of Sebastian, Florida, by regulating and limiting the
existing and proposed posting, display, erection, use and
maintenance of signs, billboards, posters, bulletins and other
advertising structures within the City.
It is further intended to protect property values, create a
more attractive, economic and business climate, enhance and
protect the physical appearance of the community, preserve the
scenic and natural beauty of the City and provide a more
enjoyable and pleasing community. Also, it .is intended hereby
to improve vehicular and pedestrian safety, provide more open
space, curb the deterioration of natural beauty, and reduce
visual pollution.
It is also intended to improve vehicular and pedestrian
safety, provide more open space, curb the deterioration of
natural beauty, and reduce visual pollution by regulating and
limiting the existing and proposed posting, display, erection,
use, and maintenance of signs, billboards, posters, bulletins
and other advertising structures within the City.
Sec. 20A-15.2. Definitions.
For the purpose of this article certain terms and words are
defined as follows:
Abandoned sign. A sign is considered abandoned if a business
advertised on that sign is no longer licensed, no longer has
a certificate of occupancy, or is no longer doing business at
the location noted Qn the si~n.
Add-on sign. Any additional sign' added to a 'previously
permitted and/or conforming sign.
Advertising structure. Advertising structure shall mean any
structure installed for advertising purposes, with or without
any advertisement display thereon, situated upon or attached
to real property upon which any poster, bill, printing,
painting, device or other advertisement of any kind whatsoever
may be plgced, posted, painted, tacked, nailed or otherwise
fastened, affixed or displayed; provided, however, that said
term shall not include buildings.
A-frame sign. A movable sign not secured or attached to the
ground as required by this code.
Animated sign. A sign with physical or light action or motion
or the appearance thereof, including lenticulation, wind
actuated elements, rotating, oscillating, fluttering,
flashing, or swinging signs, banners, but excluding permitted
flags.
Background area of sign. The entire background area of a sign
upon which copy could be placed. In computing the area of a
sign background, only that face or faces which can be seen
from any one direction at one time shall be counted.
Banner. Any sign having the characters, letters,
illustrations or ornamentations applied to cloth, paper,
balloons or fabric of any kind with such material serving as
foundation. The word "banner" shall also include pennant or
any animated, rotating and/or fluttering device, with or
without lettering for design, and manufactured and placed for
the purpose of attracting attention.
Billboard (off-premises sign). Any sign, or framework
thereof, installed for the purpose of advertising merchandise,
services or entertainment, sold, produced, manufactured or
furnished at a place other than a location of such structure.
Building official. The words "building official" shall mean
the director of the Building Department, or any other person
so designated by the City Manager, and all persons working
under his/her authority and direction.
Building setback line. The building setback line is that line
established by the Land Development Code of the City of
Sebastian for minimum distance that buildings, or other
structures, must be from adjacent property lines or public
rights-of-way.
Changeable copy sign. A sign which has message characters
that are not permanently attached to-the sign, but which are
attached to permit numerous changes of the message at the sign
site without repainting of any part of the sign or removal of
any parts of the sign except the characters to be changed.
City. Unless the context clearly discloses the contrary
intent, "City" shall mean the City of Sebastian, Florida'.
Construction sign. A temporary sign identifying those engaged
in constr~ction on any construction site while construction is
active pursuant to a valid permit issued by the City. This
includes all persons or artisans participating in said
construction.
Copy area of a sign. The actual area of the sign upon which
letters, marks or symbols are applied to any background area.
The copy area is computed by drawing straight lines closest to
copy extremities encompassing individual letters or words.
Development sign. A temporary sign advertising the sale or
rental of structures being constructed upon land which is
under development.
Directional sign. Any sign, permanently or temporarily
installed, on public property, by or with approval of the City
or any authorized governmental agency.
Double-faced sign. A sign with two (2) copy area which are
parallel to each other and back to back with the maximum
distance between the copy areas not to exceed two (2) feet.
Electric sign. See Illuminated sign.
Engineer. The term "engineer" shall refer to a person
registered as a professional engineer by the State of Florida.
Entrance sign. An identification structure located at the
main entrance to a City approved subdivision or development.
The only advertising on the structure shall be the name of the
subdivision or development.
Facade. That portion of any exterior elevation of a building
extending from grade to the top of the parapet wall or eaves
and the entire width of the building elevation.
Plag. A piece of fabric of distinctive design, color or
pattern that is used as a symbol of some country, state,
county, city, political party, organization or other entity.
4
Flashing sign. Any sign, used for identification,
directional, advertising or promotional purposes, which flash,
blink, cut on and off intermittently, and are used as exterior
signs or interior signs visible from the public right-of-way.
Flat or wall sign. The term "flat or wall sign" shall mean
any sign erected parallel to the facade or on the outside wall
of any building and supported throughout its length by the
wall of the building.
Freestanding sign. A sign which is supported by one or more
columns, uprights, or braces in or upon the ground and
independent of any support from buildings or other structures.
Frontage ~treet facade. That portion of the facade which is
visible ~rom any street. Only one street facade shall be
designated as frontage street facade.
Governmental sign. Signs owned by any governmental entity.
Ground sign. See Freestanding sign.
Home nameplate. A nameplate not more than one square foot in
area, indicating only the name of the occupant(s) or
identification of address.
Identification sign. one sign per business location not more
than three (3) square feet in area, painted on a wall used to
identify the name of the business located therein and/or its
principals and address. The top of said sign shall be no more
than eight(8) feet above ground level.
Illuminated sign. A sign in which a source of light is used
in order to make the message readable, including internally
and externally lighted signs.
Install. To erect or apply any kind of sign or advertising
device.
Instructional sign. A sign conveying instructions or warnings
with respect to the premises on which it is maintained. (e.g.
,,D~nqer-Bad DQq,", "Keep Off").
Marquee. Marquee shall mean a canopy or covered structure
projecting from and supported by a building, when such canopy
or covered structure extends beyond the building.
Marquee sign. Any sign attached to the side or front or hung
under a marquee, which sign shall not extend above the top of
a marquee or shall not be mounted upon the top of the marquee.
Hessage center sign. Any sign that can electronically display
words, numerals, and/or characters in a programmed manner.
Hultiple~faced sign. A sign with more t~an one face.
Eonoonforming sign. Any sign which does not comply with the
regulations of this sign ordinance, or subsequent amendments.
Off-premises sign. See Billboard.
On-premises sign. See Point of purchase sign.
Painted sign. Any sign painted on any surface, including-the
roof of any building or structure, visible from any public
right-of-Way or from the air space above the structure.
Parapet. That portion of the facade which extends above the
roof line.
Person. The word "person" shall include individuals,
corporations and any other entity capable of acting in its own
or represetative capacity.
Point of purchase sign. The term "point of purchase sign',
shall mean any structure, device, display board, screen,
surface or wall, upon which characters, letters or
illustrations are placed thereto, thereon or thereunder, by
any method or means whatsoever, where the matter displayed is
used for advertising, on the premises, a product or service
actually or actively offered for sale or rent thereon or
therein.
Pole sign. See Freestanding sign.
Political sign. Any sign urging the election or defeat of any
candidate seeking any political office, or urging the passage
or defeat of any ballot measure, but does 'not include any
billboard owned or maintained by a commercial firm or
advertising company.
Premises. A distinct unit or parcel of land and all
buildings, structures, or other appurtenances thereof
including the appurtenances thereon.
Projecting sign. The term "projecting sign" shall mean any
sign projecting at an angle from the outside wall or walls of
any building or similar structures and rigidly affixed
thereto.
Public property. Ail real and personal property,, including
leasehold rights owned by the Federal, State or Local
governments, including all political subdivisions,
6
authorities, or other entities to which the rights, powers and
privileges of the Federal, State and Local government have
been delegated.
Real estate sign. Any sign, installed on a temporary basis,
by the owner of real property or his agent, advertising the
real property upon which the sign is located for rent, sale,
or lease, but shall not include rooming house signs.
Revolwing sign. See Animated sign.
Roof line. The intersecting lines of a roof, formed at the
junction of the roof with the walls of a building.
Roof.ei~fl~ Any outdoor advertising display sign, installed,
constructed or maintained above the roof line of any building.
Rotating sign. See Animated sign.
Sandwich sign. See A-frame sign.
Semi-freestanding sign. Any sign which is supported by one or
more uprights or braces in or upon the ground and partially
attached to any building or structure.
sidewalk sign. See A-frame sign.
Sign. The word "sign" shall mean any display of banners and
flags, characters, letters, illustrations or any
ornamentations, or the complete structure on which any such
characters, letters, illustrations or ornamentations are
stated or applied (except buildings to which the same may be
attached); used for identification, directional purposes,
advertising or promotional purposes; provided, however, that
"sign" shall not be construed so as to include self-contained
fixtures approved by the National Board of Fire Underwriters
or non-electrical display, wholly contained within a store
building and not visible from any public right-of-way.
snipe sign. Any sign of any size, made of any material,
including paper, cardboard, wood and metal, when such sign is
tacked, nailed, posted, pasted, glued or otherwise attached to
a tree, utility pole, fence or similar objects, and the
advertising matter appearing thereon is not applicable to the
premises upon which said sign is located. Also includes any
sign installed without permission of the owner of the property
on which the sign is located.
Standpipe. An arrangement of piping, valves, hose outlets and
allied equipment installed in a building or structure with
outlets located in such a manner that water can be discharged
7
through hose and nozzles for the purpose of extinguishing a
fire.
Swinging sign. The term "swinging sign" shall mean any sign
that swings freely from or on supports regardless of the guy
wires used in connection therewith.
Time and temperature, sign. A message center containing
illuminated numerals flashing alternately to show the time
and/or temperature.
Vee-shaped sign. Any sign that is attached to a building,
other than a flat or wall sign, and which has two (2) faces
which are not parallel.
VehiCular sign. A sign affixed to or painted on a
transportation vehicle or trailer, for the purpose of business
advertising; however, not to include signs affixed to vehicles
or trailers for identification purposes.
Window sign. Any sign installed or maintained in the window
of any building or structure, visible from any public right-
of-way.
Sec. 20A-15.3. Sign regulating procedures.
A. Licensing required. No person shall engage in a business
of installing or maintaining signs within the City, without
having first procured a license for such business in
accordance with the requirements of the City's license
ordinance then in force and effect.
B. Permitting procedures:
Permits. It shall be unlawful for any person to
post, display or install any sign or advertising
structure, or attach, apply or connect high voltage
tube lighting to existing signs, in the City
without first having obtained a permit or permits
therefor as hereinafter required, except as
provided for in subsection 20A-15.4(C) (8).
Applications. Applications for permits required by
this article shall be filed by such applicant, or
his agent, in the Community Development Department,
upon forms to be furnished by said department.
Said applications shall contain or have attached
thereto the following information:
(a)
Name, address and telephone number of the
applicant.
(b)
(c)
(d)
(e)
(f)
,(g)
(h)
(J)
(k)
(1)
Name, address and telephone number of the sign
owner.
Name, address and telephone number of the
contractor(s) installing said sign (if
applicable).
Location of building (or structure) and lot to
which or upon which the sign is to be placed.
or maintained.
Purpose of sign.
Estimated value of sign.
Position of the sign in relation to adjacent
lot lines, buildings, structures, sidewalks,
rights-of-way, streets, intersections, and
easements.
Type of sign and general description of
structural design and construction materials
to be used.
Two (2) copies of detailed scaled drawings or
plans containing specifications concerning
structural details of the method of sign
construction, installation, and anchoring to
the building or ground. The specifications
shall show height, perimeter and area
dimensions, elevations, means of support,
method illumination and any other significant
aspect of the proposed sign.
A statement indicating whether or not any
electrical wiring is required. If so, a
completed electrical permit shall also be
submitted (if required).
A layout with sign colors shown or specified.
Any other information required by the
Community Development Department in order to
carry out the purpose and intent of this
article.
The following signs shall be designed by an
engineer, who shall submit to the building
official complete plans and calculations so as
to determine whether the sign complies with
the City's code:
iii.
Projecting signs over twenty-four (24)
square feet in area.
Billboards, freestanding signs (pole or
ground signs over forty (40) square feet
in area.
Any sign which, in the opinion of the
Community Development Director, contains
unstructural or design features. It is
the intention of this provision to insure
the structural integrity of signs which
are unique in design.
Issuance. Provided all of the provisions of this
.article shall have been complied with, and the sign
or advertising structure will not violate any of
the terms, conditions or provisions of this
ordinance, or of any other law or ordinance, the
building official shall issue a permit for each sign
or advertising structure, retaining a copy thereof
and a copy of plans of said advertising structure
for his records. Said copy of plans or records
shall be retained by the building official for at
least five (5) years. Permits shall be numbered in
the order of their issuance and shall disclose:
(a)
Kind and size in square feet, and the height
and width of the sign, advertising structure
and any high voltage tube lighting authorized
by said permit.
(b) The street address of the property on which
the sign, advertising structure or high
voltage tube lighting is permitted to be
located and name of the owner or lessee of
said property.
(c) The location upon the property where the sign,
advertising structure or high voltage tube
lightingis permitted.
(d) The name of the person, firm corporation or
association installing structure.
(e) The estimated value of the sign.
(f) The amount of the fee paid for such permit.
(g) The date of issuance.
Inspections. The contractor or owner securing the
permit for any sign shall call the inspection
office and request an inspection whenever any sign
is being installed, and before any concrete is
poured; a final inspection shall be requested upon
completion.
10
~ 5. Revocations. The building official may revoke a
permit or approval, issued under the provisions of
this code, if it is found that there has been any
false statement., concealment or misrepresentation
as to any material fact in the application or plans
on which the permit or approval was based.
~ 6. Fees. Permit fees for signs re~lated by this
article shall'be as determined by resolution of the
city Council.
7. Signs exempted from permitting. The following
types of signs do not require a permit provided
the sign shall: (1) comply with section 20A-15.4,
%.Prohibitions and exceptions"; (2) comply with the
applicable requirements in the zoning district
where placed; (3) comply with other provisions in
this subsection; and (4) be consistent with the
spirit, intent and purpose of this article:
(a) identification signs.
(b) Directional signs.
(c)
(d)
Home nameplate and identification.
Public signs. Signs erected by or on behalf
of or pursuant to the authorization of a
governmental body, including legal notices,
identification information signs, and traffic,
directional or regulatory signs.
(e)
(f)
Flags. When used for symbolic, non-commercial
purposes.
Real estate signs. Subject to the provisions
of subsection 20A-15.5(A).
(g)
Political signs. Subject to the provisions of
subsection 20A-15.5(B).
(h)
construction signs. Subject to the provisions
of subsection 20A-15.5(C).
(i)
Window signs. Subject to the provisions of
subsection 20A-15.5(D).
(J)
Holiday signs. Subject to the provisions of
subsection 20A-15.5(E).
11
Sec. 20A-15.4.
prohibitions and exceptions.
From and after the effective date.of this ordinance it
shall be unlawful for any person to erect or use within the
City:
a. Any swinging sign.
b. Any snipe sign.
Any banner, excepting approved special event signs
pursuant to section 20A-15.6.
.Any sign erected, located or maintained so as to
prevent free ingress to or egress from any door,
window or fire escape.
Any sign attached to a standpipe or fire escape.
Any sign or other advertising structure which by
reason of its position, shape or color interferes,
obstructs or may be confused with any authorized
traffic control device or emergency vehicle signal.
Any sign or other advertising structure, except
public signs, that is placed or erected on or over
a public right-of-way, sidewalk, street, or'curb.
Any other type or kind of sign which does not
comply with the terms, conditions and provisions
contained in this article and ordinances mandatory
hereto and supplemental hereto.
Unauthorized sign on City property.
Any sidewalk, A-frame or sandwich sign.
Any animated sign, except message center signs,
time, temperature, and barber signs with a complete
time and/or temperature sequence span of four (4)
to eight (8) seconds.
Any add-on signs unless they shall have been issued
a permit in conformance with the sign code.
Sec. 20A-15.5. Temporary signs.
All temporary signs not listed in subsections 20A-15.5(A)
through 20A-15.5(G) and also not complying with all applicable
criteria of this section shall be treated in all respects as
permanent signs, except that such temporary signs shall not be
12
included in calculating the total amount of permitted sign
area. No temporary signs shall be illuminated except for
holiday signs, or special event signs~approved by the city
Council. All temporary signs shall be located on private
property except as specified herein below:
Ac 1.
Real estate signs. Only one sign, shall be
permitted, per street frontage, on each parcel
of land located in any district provided that
such signs do not exceed an area of six (6)
square feet in a residential area and sixteen
(16) feet in nonresidential districts. Said
signs may include "Open House," "Open For
Inspection,"Open" and other similar signs.
Off-premises open house signs. Each residence
that is open for inspection for sale or lease
may have the seller or the agent install off-
premises open house signs to direct persons to
the open house, subject to the following:
(1) The sign shall not exceed four (4) square
feet in sign area, shall be located at
least five (5) feet from the adjacent
road, and shall not exceed a height of
three (3) feet above the crown of the
road.
(2) The message shall be limited to "open
House," "open For Inspection," or
substantially similar phrase, and the
name of the owner of the sign.
(3) Each sign shall be made of metal,
plastic, wood, or other weather resistant
material. Paper or cardboard signs are
prohibited.
(4) Each sign shall not be put in place off-
premise before 9:00 a.m. and shall be
removed each day not later than 8:00 p.m.
Any such sign in violation of these
restrictions may be summarily removed by
the city without notice.
Political signs.
[Generally] Political signs shall not be
posted on or over any public property, as
defined in section 20A-15.2.
Political signs in residential districts.
Political signs in residential districts are
allowed subject to the following provisions:
13
(a) No sign shall exceed sixteen (16) square
feet;
(b) No sign Shall be illuminated;
(c) Each sign shall be freestanding;
(d) Each sign shall be located wholly on
private property;
(e) Each sign shall be placed at least five
(5) feet from all rights-of-way and
sidewalks;
(f) No sign shall exceed five (5) feet in
height;
(g) No sign shall be placed on or attached to
any tree or utility post.
Political signs in non-residential districts.
Political signs in non-residential districts
are allowed subject' to the following
provisions:
(a) No sign shall exceed twenty (20) square
feet;
(b) No sign shall be illuminated;
(c) Each sign shall be freestanding;
(d) Each sign shall be located wholly on
private property;
(e) Each sign shall be placed at least five
(5) feet from all rights-of-way and
sidewalks;
(f) No sign shall exceed ten (10) feet in
height;
(g) No sign shall be placed on or attached to
any tree or utility post.
Posting time limits. It shall be unlawful for
any person to post a political sign more than
thirty (30) days prior to the election in
which the candidate,s name or the issue will
appear, and it shall be unlawful to fail
to remove a political sign within five (5)
days after the election in which the candidate
is eliminated or elected or the issue is
approved or disapproved.
Fine. A fine of $25.00 per sign may be
imposed upon the person posting said sign or
upon the candidate promoted on said sign for
any of the following:
(a)
Failure to remove all signs within the
applicable five-day period for removal;
14
Ct
(b)
Placement of signs upon public property
or upon any tree, utility pole, or
similar object.
Prima facie evidence. Political signs placed
in violation of this section which advertise a
particular candidate shall be prima facie
evidence of the placement or authorization of
the placement of the sign by the candidate.
Removal of illegal signs. The building
official shall order the immediate removal of
any political sign found posted within the
City in violation of this section. If the
sign is not removed within two (2) days, the
building official or his authorized agents
shall remove the political sign.
Reimbursement for removal expense. The
candidate or the president of the committee
supporting or opposing the ballot measure, as
applicable, shall reimburse the City for any
and all expenses of removal incurred by the
City.
Construction signs. Construction signs shall be
permitted only while construction is actually in
progress and shall be removed within fifteen (15)
days following the issuance of a certificate of
occupancy, completion or abandonment of work,
whichever occurs first. Such signs shall
not exceed an area of sixteen (16) square feet.
Each sign shall be at least twenty (20) feet from
contiguous property lines of adjacent land owners
and at least (5) feet from any right-of-way. No
permit shall be required for such temporary
construction signs. No such sign, however, shall be
erected prior to the issuance of a building permit.
Window signs. For each facade, such signs,
collectively, may not cover more than fifty (50)
percent of the total surface area of the
transparent portion of all window(s) and door(s)
Signs attached permanently to the interior of a
building window or glass door shall be required to
obtain a permit and the area of said sign shall be
counted against the allowable signage permitted in
section 20A-15.7 (C) (2). In no case shall any
window sign, temporary or permanent, violate
Section 30-77 (7) of the Code of Ordinances of the
City of Sebastian.
15
Holiday signs. Displays, including lighting,
erected in connection with the observance of
holidays. Such signs shall be removed within
thirty (30) days following the holidays.
Public, charitable, education, rellgious, short
term special sales promotion, or special event
signs. Temporary signs announcing any public,
charitable, education, religious or other special
event or function may be installed subject to
compliance with the followingconditions:
Timing cf placement and removal. Such signs
shall be placed not more than fourteen (14)
days prior to the event and must be removed
not later than twenty-four (24) hours after
termination of the event. A maximum of 3
separate occasions or special event may be
permitted within any 365 day period.
Exception: Any new business or relocation of
an existing business within the City of
Sebastian shall be allowed grand opening signs
not to exceed 30 days. These signs shall not
count as a special event sign as described
above.
Character cf signs. Such signs shall not
exceed the following requirements:
Properties with less than 100 feet of
frontage shall be permitted a total of 32
square feet of sign area.
Properties of more than 100 feet of
frontage shall be permitted a total of 64
square feet of sign area.
Banners are permitted to be utilized as a
temporary promotional sign.
Waiver from requirement of subsection. The
building official shall advise any applicant
desiring relief from subsection 20A-15.5(F) of
his right to approach the City Council to
request a waiver of such requirements. Upon
request of an applicant, City Council may
alter or waive the requirements of subsection
20A-15.5(f) of this Article.
16
G. Active subdivision signs.
On-premises active subdivision signs may be
erected subject to compliance with the
following conditions in addition to other
applicable provisions~of this section. These
signs are not subject to subsection 20A-
15.5 (A)..
Eligible sites. Such sign may be placed only
on property consisting of land duly platted,
as a subdivision, and within the platted
boundaries of said property.
Character of sign. Such signs shall not
exceed thirty-two (32) square feet. Such sign
must be located on the premises of the
development subdivision, at least five (5)
feet from all rights-of-way, and at least
twenty (20) feet from contiguous 'property
lines. These signs can be illuminated.
Time of removal. Each active subdivision sign
erected must be removed after a period of
fourteen (14) days after the last unit or 10t
in the subdivision is sold, leased or rented:
Piling of plat. Prior to the erection of such
a sign, a preliminary plat of the subdivision
shall be placed on file in the office of the
city Clerk.
Persons permitted. Only the agent of the
developer or owner of the property shall be
authorized to place signs on the property.
The property owner's signed authorization
consenting to the placement of a sign
representing an exclusive real estate agent on
his premises shall be filed in the office of
the City clerk prior to the placement of the
agent's sign.
other temporary signs. The following criteria
shall serve to define other temporary signs not
identified in the foregoing categories. Other
temporary signs must comply with each of the
following criteria:
Not more than one such temporary sign may be
located on any lot;
No such temporary sign may exceed four (4)
square feet in surface area; and
17
Such temporary sign may not be displayed for
longer than three (3) consecutive days nor
more than ten (10) days out of any three
hundred sixty-five-day period.
General sign requirements.
Rules for interpreting sign calculations:
Determining
the number of signs. For the
purpose of determining the number of signs, a
sign shall be considered to be a single
display surface or display device containing
elements organized, related, and composed to
form a unit.
Computation of sign area. The surface area of
a sign shall be computed by including the
entire area within a single, continuous,
rectilinear perimeter of not more than eight
(B) straight lines, or a circle or an ellipse,
enclosing the extreme limits of the writing,
representation, emblem or other display,
together with any material or color forming an
integral part of the background of the display
or used to differentiate the sign from the
backdrop or structure against which it is
placed, but not including any supporting
framework or bracing that is clearly incidental
to the display itself.
Multi-sided signs, with respect to three-
dimensional or multi-sided signs, the
surface area shall be computed by
including the total of all sides designed
either to attract attention or
communicate information.
Exception: 1. Any double face sign
(back to back and parallel to each other)
provided said face of each sign are not
separated by more than 2 feet.
Exception: 2. A vee-shaped sign which
are not parallel and the angle between
said faces do not exceed 45 degrees.
Total sign surface area. Unless otherwise
provided in this article, the total surface
area devoted to all signs on any lot shall not
exceed the limitations set forth in section
20A-15.8, and all signs except temporary signs
shall be included in this calculation.
18
Construction standards. Ail signs shall comply
with all applicable standards of the City's
building code, fire code, health code, electrical
code, development code, and all other applicable
codes.
Maintenance. Ail signs within the City limits
including all supports, braces, guys and anchors
shall be kept in .good repair. The Building
official may order the removal by and at the
expense of the owner or lessee of any sign that is
not properly maintained.
signs not to constitute a traffic hazard. No sign
shall be placed at any location in the City where
it may interfere with or obstruct the view of any
motorist, or be confused with any authorized
traffic sign, signal or device. The Building
official shall have the authority to refuse the
erection, or to order the removal of any sign, if
any sign constituting an obstruction to motorists
or pedestrians or otherwise are viewed to be
impediments to traffic safety or traffic flow.
signs not to encroach electric utility clear zone.
No sign shall be placed closer than eight (8) feet
from the nearest part of any utility pole which
supports electrical transmission lines (see (A)of
diagram below). No sign shall be placed closer
than eight (8) feet from the nearest part of any
electric transmission line (See (B) of diagram
below). If the National Electrical Code is now or
hereafter more restrictive than the provisions of
this subsection, the most restrictive provisions
shall prevail.
Illuminated signs:
Shielded light source. The light from any
illuminated sign, or from any light source,
shall be shaded, shielded or directed so that
the light intensity or brightness shall
neither adversely affect the surrounding
premises nor impede safe vision of operators
of vehicles moving on streets or parking
areas.
Exposed lightlng restrictions. No signs,
except message center signs and time and
temperature signs, shall have exposed
fluorescent lighting, exposed neon,
fluorescent paint, or be phosphorescent. Ail
unexposed neon shall be approved by any
testing laboratory acceptable to the City.
Similarly, illuminated tubing or strings of
lights that outline property lines, sales
areas, or similar areas are prohibited,
except:
a. holiday observance signs
Any exposed neon signs or lighting
totally within an enclosed building. Ail
exposed or unexposed signs shall be
counted against the allowable signage
permitted in Section 20A-15.7(C) (2).
Light source. No sign shall have a light
source which exceeds the following criteria
for light intensity:
Light
Source
Exposed Bulbs
Luminous
Illuminated
Brightness and Intensity for Criteria
Light Source Shall Not Exceed In:
Residential
or Residential
Portions of PUD
Districts
COR, PS and CL, CG,
Commercial MCR, GMC,
Portions of IN, and AI
PUD Districts Districts
10 watts
15 watts 15 watts
90 ft lamberts
50 footcandles
150 ft lamberts 20 ft
lamberts
50 footcandles 75
footcandles
2O
G®
Restriction on flashing signs. No flashing
sign shall be permitte~ except time and
temperature signs, message center signs,
public signs, and holiday observance signs.
Height of and distance separating signs. No part
of any sign affixed to a building shall exceed the
height of the building to which the sign is
affixed. The height of the building shall be
measured exclusive of elevator shafts and/or' air
conditioning condensing units and/or cooling
towers. Any sign projecting over private property
and located above motor vehicle use or storage
'areas, shall be erected and maintained at a height
not to be less than fourteen (14) feet. The height
of freestanding signs is controlled for respective
zoning districts in section 20A-15.8. Distance
requirements in this article shall be measured from
the nearest part of any sign (or its structure) to
the nearest point of the closest applicable setback
line, property line, roof line, or other applicable
restricting line of point of separation (including
distance between signs) or height limitation.
Appearance of signs:
me
Shape, color, lettering, location and
arrangement of signs shall not be clearly
disharmonious with the building design and
surrounding landscape.
Every sign shall have good scale and good
proportion in its design and in its visual
relationship to buildings, surroundings, and
other signs.
Colors shall be used harmoniously. Lighting
shall be harmonious with the design. If
external spot or flood lighting is used, it
shall be arranged so that the light source is
shielded from view.
No sign installed in the City on the effective
date of this section shall become
nonconforming based solely on this subsection
20A-15.6(H), "Appearance of signs".
21
Sec. 20A-15.7 Sign regulations for zoning districts.
Signs in residential...districts. In the RE-40, RS-
20, RS-15, RS-10, RM-8, RM-12, R-MH, and
residential portions of Planned Unit Development
districts. The following signs are permitted
subject to compliance with the provisions of this
article:
S%ngle-family
signs other than home nameplates and
instructional signs not exceeding two square
feet shall be' permitted for single-family
homes and duplexes. These signs do not
require permits.
residences and duplexes. No I
Multlple-family structures of more than ten
units or approvea nonresiaentlal uses in
residential districts. A premises containing
more than ten (10) dwelling units or rooming
units or approved non-residential use may
install a single sign per street frontage,
indicating only the name and/or address of the
premises. The sign shall have a maximum area
not exceeding twenty (20) square feet and
shall not be higher than ten (10) feet unless
the sign is mounted flush against the wall of
the building. These signs require permits.
Religious symbols may be erected and exceed
the above reference requirements subject to
the approval of the Planning & Zoning
Commission. The Planning & Zoning Commission
shall review these types of signs to determine
compliance pursuant to Section 20A-10.2.B.
Subdivision entrance signs. One on-premises
sign not exceeding sixty-four (64) square feet
in area may be erected at each principal
entranceway to a residential subdivision.
However, only one such sign shall be permitted
for each common street serving a subdivision.
22
Multlple-family structures of ten units or
less. A premises containing ten (10) or less
dwelling or rooming units may install a single
sign per street frontage indicating the name
and/or address of the premises, provided the
sign has a maximum area not exceeding ten (10)
square feet, and shall not be higher than six
(6) feet unless the sign is mounted flush
against the wall of the building. These signs
require permits.
Such sign must be located wholly within the
property line of the subdivision which the
sign identifies and shall not be located
within any right-of-way. These signs require
permits.
Instructional signs. In multiple-family
districts only on-premises instruction signs
having an area not exceeding four (4) square
feet are permitted, provided such signs, if
freestanding, shall be located a minimum of
five (5) feet within all property lines and
shall not exceed five (5) feet in height, in
single-family residential districts such on-
premises instructional signs may be placed
only on premises developed for nonresidential
uses approved by the' planning and zoning
commission.
Signs in the PS, Public Service District. In the
PS zoning district one sign shall be permitted per
street frontage or per each three hundred (300)
feet of street frontage, whichever is greater.
Furthermore, where two (2) or more freestanding
signs are placed along a single street frontage,
such signs shall be separated by a minimum distance
of forty-eight (48) feet. The cumulative area of
all such signs shall not exceed one eighth square
foot per one foot of property frontage; however,
the maximum area of any single sign shall not
exceed forty-eight (48) square feet. All
freestanding signs shall be located at a minimum of
10 feet from the front property line and 20 feet
from any other common property line, and shall not
be higher than 10 feet unless mounted flush against
the building. These signs require permits.
Scoreboards inside ballparks or'recreational ball
fields and of which are not visible from any
adjacent property or public right-of-way are exempt
from the provisions of this subsection. These
signs do not require permits.
In the PS district, instructional signs having an
area not exceeding four (4) square feet are
permitted, provided such signs, if freestanding,
shall be located a minimum of five (5) feet within
all property lines and shall not exceed five (5)
feet in height. Such signs require permits.
23
Religious symbols and governmental signs may be
erected and exceed the above reference requirements
subject to the approval of the Planning & Zoning
Commission. The Planning & Zoning Commission shall
review these types of signs..to determine compliance
pursuant to Section 20A-10.2.B.
Sign regulations for nonresldential zoning
districts (excepting the PS district). The number
and size of point of purchase signs in the COR, CL,
C-512, CG, MCR, GMC, IN, AI and nonresidential
portions of the Planned Unit Developments shall be
governed by the percentages and limitations imposed
,herein, excluding temporary or instructional signs,
which may be in addition to said percentages and
limitations imposed herein, excluding temporary or
instructional signs, which may be in addition to
said percentages under the conditions contained
herein.
1. Freestanding Signs.
a. Copy Area Permitted
Front footage. There shall be one
square foot of allowable cumulative
copy area for all front freestanding
signs for each lineal foot of
property frontage. Owner shall
declare one street as his frontage
street.
ii.
Footage not adjacent to residential
property. There shall be one-half
square foot of allowable copy area
for freestanding signs along all
other public rights-of-way for each
lineal foot of property along said
public rights-of-way.
iii. Adjacent to residential properties,
except COR zoning district. There
shall be one-square foot of
allowable cumulative copy area for
fr. eestanding signs along public
rights-of-way adjacent to
residentially zoned (except COR)
property for each lineal foot of
property along said public rights-
of-way.
24
iv.
Any freestanding sign may be
supported by poles or columns and
said supporting members may have
decorative covers or molding
provided the surface area (single
two-dimensiohal side) of said cover
shall not exceed the surface area of
the two-dimensional side of the sign
above the cover.
No freestanding sign shall exceed
300 square feet in area unless
approved by the Planning & Zoning
Commission. The Planning & Zoning
Commission shall review signs over
300 square feet in area to determine
compliance pursuant to Section 20A-
10.2 (B).
vi.
Ail freestanding signs shall display
their building number on such sign
pursuant to Section 20A-5.46.
vii. Religious symbols may be erected and
exceed the above reference
requirements subject to the approval
of the Planning & Zoning Commission.
The Planning & Zoning Commission
shall review these types of signs to
determine compliance pursuant to
Section 20A-10.2.B.
Instructional signs.
Instructional signs shall be exempt from
the limitation on total sign area allowed
per business and the requirement of five
(5) foot of setback from any common
property line. However, an instructional
sign shall not be more than three and
one-half (3 1/2 feet in height nor total
more than five (5) square feet in area.
Height regulation. The height of
freestanding signs shall not exceed
twenty (20) feet placed within the
minimum setback. For every three (3)
feet the sign placement exceeds the
minimum setback, the height of the sign
may be increased one additional foot to a
25
maximum height of twenty-five (25) feet,
except in large shopping centers as
stated in paragraph e. below.
Reight regulations for certain shopping
area signs. A freestanding point-of-
purchase sign not exceeding thirty-two
(32) feet in height may be erected in a
shopping area with a gross square footage
of thirty thousand (30,000) square feet
or more.
Distance separating signs. There shall
be a minimum of forty-eight (48) feet
between freestanding signs located on the
same property.
Separation from property lines. No
freestanding signs shall be permitted
within Five (5) feet of any common
property line except instructional signs
which shall be as provided herein.
Signs attached to buildings:
Applicability. Signs attached to
building facades shall include wall,
flat, painted, vee-shaped and marquee
signs. However, roof signs are
prohibited.
Copy area:
For wall signs on frontage street
facade. There shall be an allowable
amount of sign area for signs
attached to the frontage street
facade of a building not to exceed
15 percent of the facade. In
calculating the area of a building
facade no additional credit shall be
given for the surface of any canopy
or awning. The calculation for the
allowable facade credit shall always
be calculated on a flat, two-
dimensional plane and shall not
include that part of any parapet,
marquee, pylon or other surface
which extends above the roof line.
A mansard roof shall be classified
as a parapet wall. If the lower
edge of a slanted roof, other than a
26
mansard roof, extends below the top
of the supporting wall, the
allowable facade shall be the area
of the wall minus the area covered
by the roof.
ii.
For signs on facades other than
frontage street facade. There shall
be an allowable amount of sign area
for signs attached to facades, other
than the frontage street facade,' not
to exceed 7.5 percent of the facade.
However, when said facade faces
residentially zoned property, the
allowable amount of sign shall not
exceed 4 percent of the facade.
Placement of wall signs an~ marquee
signs. No flat, wall or vee-shaped signs
shall be erected at a distance of more
than eighteen (18) inches beyond the face
of any building, marquees being
considered as a part of a building. The
outside edge of wall signs or marquees
shall not be closer than twenty-four (24)
inches from the curb line. Signs may be
placed in whole or in part upon a
parapet, but no sign shall be extended
above or be mounted upon the top of a
parapet or marquee. One identification
sign may be attached to the sides or
front of a marquee or hung under a
marquee at a business entrance, in which
case the sign shall not exceed six and
one-half (6 1/2) square feet in area,
shall maintain a 7'6" minimum clearance
above the sidewalk or ground level and
shall not extend beyond the marquee's
perimeter.
Noncombustible material. The surface of
all electric wall signs shall be of
noncombustible materials.
Regulation against obstruction. No wall
sign shall cover wholly or partially any
required wall opening, nor project beyond
the top of the wall to which it is
attached.
27
Wall sign projection. All bracing and/or
lighting .shall be hidden or covered so
that it shall not be visible from the
public right-of-way. The covered
portion of the'ends of such signs shall
not be used for advertising purposes.
Projecting signs: i
a. Not to encroach right-of-way. No
projecting sign shall project over any
public right-of way.
Ce
Allow substitution copy area and size. A
projecting sign may be substituted for an
allowed freestanding sign. However, the
maximum allowable size for such a
substitution shall not exceed one-half
the allowable size of the freestanding
sign for which it is substituted or shall
not exceed the allowable amount of sign
area for signs attached to facades as
shown on the Street Facade Sign Area
Table of this code, whichever is less.
Noncombustible material. All projecting
signs shall be constructed entirely of
metal or other noncombustible material
and securely attached to a building or
structure by metal supports such as
bolts, anchors, supports, chains, guys or
steel rods. No staples or nails shall be
used to secure any projecting sign to any
building or structure. The use of
plastic material is permitted as approved
in subsection 20A-15.6(B) (2) of the sign
code.
Placement. No projecting sign, which is
entirely dependent upon a wall for
support, shall be erected on the wall of
any building so as to project above the
roof line or parapet wall or above the
roof level where there is no parapet
wall. A sign attached to a corner of a
building and parallel to the vertical
line of such corner, shall be deemed to
be erected at a right angle to the
building wall. A projecting sign shall
not project more than thirty-six (36)
inches from the wall of a building and
28
shall not overhang a public right-of-way.
Such sign shall comply with height
regulations of subsection 20A-15.6(G) and
shall be elevated a minimum of 7'6" over
any sidewalk or p~destrian way. No sign
or part of a sign or its supporting
structure shall cover any window or part
of- a window. No projecting sign or
supporting structure shall be located in
such a manner as to obstruct window light
and vision. The City shall be 'held
harmless for any liability associated
with projecting signs·
'All billboards shall be prohibited within the City
of Sebastian except for the following:
Billboards shall be prohibited within the City
of Sebastian except for directional signs as
permitted below. These signs shall be
regulated pursuant to the provisions of §20A-
15.7(c) (1) of this Article.
Directional sign (private) - The intent of
this type of sign is to direct traffic to a
place of business within the City limits. No
sign shall be utilized exclusively to
advertise a place of business without giving
directions or utilizing an arrow.
One sign not exceeding 32 square feet in
area may be located in or on the waters
of the indian River for any approved
marina within the City of Sebastian.
These signs must have approval from the
State of Florida prior to obtaining a
permit from the City of Sebastian.
One sign not exceeding 32 square feet may
be located on any lot within COR, C-512,
CL, CG, IND.
Sec. 20A-15.8.
Regulations of nonconforming signs and
enforcement.
Continuance of preexisting structures. Any sign,
billboard, or advertising structure which lawfully
existed and was maintained at the time this
ordinance became effective, may be continued,
although such structures do not conform to all the
provisions hereof; provided that no structural
alterations are made thereto.
29
Impact of damage to nonconforming signs. Any
nonconforming sign which is destroyed or
damaged, to the extent,of fifty (50) percent
or more, or is altered or replaced, shall not
be altered, replaced.or reinstalled unless and
until it shall have been made to conform to
the provisions of this article. Public signs
erected by the City are exempted by this
article.
2. Removal ofnonconforming signs:
Destruction, damage or obsolescence. The
use of any nonconforming sign shall
terminate whenever the sign is damaged or
destroyed beyond fifty (50) percent, from
any cause whatever, or becomes obsolete
or substandard under any applicable City
ordinance to the extent the sign becomes
a hazard or danger and upon termination
shall be removed.
Enforcement. Enforcement of this article shall be
conducted pursuant to the provisions of Article VI,
Division 2, S~2-176 through 2-200 of the Code of
Ordinances of the City of Sebastian.
Stop work orders (violatlons). Upon notice
from the building official that work on any
sign or advertising structure is being done
contrary to the provisions of this code or in
a dangerous or unsafe manner, such work shall
be immediately stopped. Such notice shall be
in writing and shall be given to the owner of
the property, or to his agent, or to the
person doing the work, and shall state the
condition under which work may be resumed.
Where an emergency exists, no written notice
shall be required to be given by the building
official.
Section 2. CONFLICTS. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
.Section 3. CODIFICATION. It is the intention of the
City Council of the City of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
ordinance shall become and be made a part of the Code of
ordinances of the City of Sebastian, Florida; that the
sections of this ordinance may be renumbered or relettered to
accomplish such intention; and the word "Ordinance" may be
changed to "Section," "Article" or other appropriate
designation.
Section 4. SEVERABILITY. in the event a court of
competent jurisdictio~ shall hold or determine that any part
of this ordinance ~s invalid or unconstitutional, the
remaining provisions of this ordinance shall not be affected
and it shall be presumed that the City Council of the city of
Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that
the City Council would hayer enacted the remainder of this
ordinance without said invalid and unconstitutional.provision,
thereby causing said remainder to remain in full force and
effect.
Section 5. ~FFECTIVE DATE. This ordinance shall
become effective immediately upon its adoption.
The foregoing ordinance was moved for adoption by
Council-member . The motion was
seconded by Councilmember and, upon
being put to a vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this ordinance duly passed
and adopted this day of , 1993.
CITY OF SEBASTIAN
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hearing was held on
this ordinance at 7:00 p.m. on the day of ,
1993, and the following said public hearing this ordinance was
passed by the City Council.
Kathryn M. O'Halloran, CMC/AAE
Approved as to form and content:
Charles Ian Nash, City Attorney
31
~FRE SE. ~ASH (~ TORPY, PA.
ATTOtL~EY~ AT LAw
930 S. I-t_~o~ CrrY BLVD.
$~r,'~ 505
MEI~OURNE. FLORIDA 32901
(4o~"~s~aoo
F~ (40~ 95~-374~
~ ~D ~ T~ON
November 1, 1993
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re:
Sign Ordinance
Our File No. 93-1099
Dear Bruce:
Enclosed is the sign ordinance which has been reviewed and is now
in final format. I do, however, have a couple of notes with regard
to issues that have remained within the sign ordinance.
Similarly, in sub-section 5 of that same section, your attempt to
create a removal bond, requiring a candidate to post a bond, as a
condition precedent to posting political signs, would likely be
challenged. Accordingly, I have amended this section to provide
for a fine for failure to remove signs and for placing signs in a
restricted area.
On page 24, you make a provision which allows religious symbols to
exceed requirements contained in that subsection of the ordinance.
This decision could be challenged because of the apparent
preference it gives to religious organizations. If there is some
specific reason for leaving this provision in, please let me know.
Similarly, you provide special treatment in section 20A-
15.7(C) (1) (a) (vii). This treatment should be considered as to
whether or not you wish to have it remain within the ordinance.
I have also removed what was section 20A-15.9, now 20A-15.8, sub-
paragraph (A)(2)(a), dealing with violations. That section is
unenforceable due to the fact that it requires the immediate
removal of non-conforming signs. Further, the section was
confusing due to the fact that subsection (A) deals with the issue
of signs that were in existence when the ordinances passed.
Mr. Bruce Cooper
Director of Community Development
November 1, 1993
Page -2-
I have removed the entire section dealing with enforcement and
simply placed in there a statement that enforcement of this
ordinance shall be done pursuant to our code enforcement ordinance.
i did leave one provision in there dealing with stop work orders.
I also removed all comments relating to assessing liens for a cost
of removal of signs. In my opinion, our ordinances already cover
nuisance abatement and this provision was simply trying to provide
a way for removing old, dilapidated signs which can be handled
under our nuisance abatement provisions. If you do not believe our
nuisance abatement provisions are strong enough, I would suggest
that we amend that section of the code rather than creating
different types of nuisance abatement throughout the code.
I have also removed the provisions making it unlawful to tamper
with signs. This section basically involves the city in
enforcement of private property owners rights. I do not believe
that this is a wise position for the City take. We will find
ourselves becoming a civil court if we have provisions in our
ordinances for people who have signs destroyed by other
individuals.
I also removed the entire section relating to appeals because,
obviously, appeals will be from the Code Enforcement Board. You
also attempted to discuss the section regarding appealing your
decision to the Board of Adjustment. That is already contained
elsewhere in our code and there is no point in having it in two
areas.
If you have any questions about any of the revisions I have made,
please let me know. Otherwise, this ordinance is now completed.
Sincerely,
FRESE, NASH & TORPY, P.A.
Richard E. Torpy
RET/lb
Enclosure
I
City of Sebastian
1225 Main Street u SEBASTIAN. FLORIDA 32958
TELEPHONE (407) 589-5330 s FAX (407) 589-5570
SUBJECT: FIRST READING OF
ORDINANCE 0-93-20 REGARDING
DRIVE-THROUGH FACILITIES
Approval for Submittal By:
'
City Manager ~/f)'~
Agenda Number:
Dept. Origin: Community Development
(BC)~
Date Submitted: 12~/93
For Agenda Of: 12/15/93
Exhibits:
1. Ordinance 0-93-20
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular workshop meeting of October 6, 1993, the City Council
authorized the City Attorney to draft an ordinance allowing drive-through
facilities for business and professional offices to be located in the
Commercial Limited zone with conditions.
Ordinance 0-93-20 represents the exact same language that was presented t°
the City Council at its workshop meeting.
RECOMMENDED ACTION
Move to approve first reading of Ordinance 0-93-20 and set the public hearing
for January 12, 1994.
ORDINANCE NO. 0-93-20
~N ORDIN~NCE OF THE CITY OF SEB~STI~i~, INDI~ RIVER
COUNTY, FLORIDA, ~ENDING CN~PTER 20A, SECTIONS 20A-
3.9(C), 20~-6.~(C)(9)(a) 2Ct;D 20&-6.~(C)(9)(b)(4) OF THE
L~'TD DEVELOPHENT CODE OF THE CZTY OF BEB~STIAN,
PERTAINING TO CL, LIMITED COI~ERCIAL DISTRICTB, BY
PERMITTING DRIVE-THROUGH F~CILITIEB kB CONDITION~I~USES;
PROVIDING FOR REPF.~-LOF ORDIN~NCE~OR P~,RTB OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR CODIFIC~TION~
PROVIDING FOR BEVEI~,BILITY; ~ PROVIDING FOR ~N
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian has
determined that an amendment to the Land Development Code is
necessary for the purpose of permitting drive-through facilities
(business and professional offices only) as conditional uses within
the CL, Limited Commercial Districts, within the City of Sebastian;
and
WHEREAS, the city of Sebastian has determined that this
amendment to the Land Development Code is consistent with the
City's comprehensive plan, goals and objectives; and
WHEREAS, the City Council has determined that permitting
drive-through facilities (business and professional offices only)
within the CL, Limited Commercial District, would be in the best
interest of the citizens of the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS:
Section 1.
Chapter 20A, Section 20A-3.9(C) of the Land
Development Code of the City of Sebastian is hereby amended as
follows:
"C. Conditional uses. In this district as a conditional use a
building or premises may be used for only the following conditional
uses upon compliance with applicable conditions stated in Article
VI and all other applicable provisions of this Code, including site
plan review and performance criteria. The Planning and Zoning
Commission shall ascertain if such conditions and provisions are
satisfied. Appeal of such decisions shall be heard by the City
Council.
H6~'~ ............. (%'~'~'i:~i~'~:':':'"'"~:':':':':"h~%s or convalescent homes), public an~
private utilities, public parks and recreation areas, child care
facilities, public protective and emergency services, hotels and
motels, restaurants (excluding drive-ins), transient quarters,
veterinary services and accessory uses."
Section 2.
Chapter 20A, Section 20A-6.1(C)(9)(a) of the
Land Development Code of the City of Sebastian is hereby amended as
follows:
"9. Drive-through facilities:
Applicable zoning districts. - .....
Commercial use~_.~ith drive-through facilitie.s shall be
permitted as .a conditiona.l., use within....%he following
zonin~ district: CG
Business and p~D.fessional offices with driwe-through
facilities shall be pg~itted as a C~Pditional us~ within
the followin~ zonin~ di~.t.ricts: CL"
Section 3.
Chapter 20A, Section 20A-6.1(C) (9) (b) (4) of the
Land Development Code of the City of Sebastian is hereby amended as
follows:
"(4) In the CG district no drive-through facility shall
locate within one hundred (100) feet of a
residential district.
In the Commercial Limited (CL) district no b.Bsines~
or professional office with drive-through facility.
may abut a RS-10. RS-~, RS-20, RE.~40, RM-8, RM-12
and MH zoninq districts."
Section 4. CONFLICTS. Ail ordinances or
ordinances in conflict herewith are hereby repealed.
parts of
Section 5. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this ordinance shall
become and be made a part of the Land Development Code of the City
of Sebastian, Florida; that the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and'the word
"Ordinance" may be changed to
appropriate designations.
Section 6. ~EVERABILITY.
"Section," "Article" or other
In the event a court of
competent jurisdiction shall hold or determine that any part of
this ordinance is invalid or unconstitutional, the remaining
provisions of this ordinance shall not be affected and it shall be
presumed that the City Council of the City of Sebastian did not
intend to enact such invalid or unconstitutional provision. It
shall further be assumed that the City Council would have enacted
the remainder of this ordinance
unconstitutional provision, thereby
remain in full force and effect.
Section 7. EFFECTIVE DATE.
without said invalid and
causing said remainder to
This ordinance shall become
effective immediately upon its adoption.
The foregoing ordinance was moved for adoption by Council-
member . The motion was seconded by
Councilmember and, upon being put to a
3
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this ordinance duly passed and
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
ordinance was published in the Veto Beach Press Journal as required
by State Statute, that one public hearing was held on this
ordinance at 7:00 p.m. on the day of , 1993, and
the following said public hearing this ordinance was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to form and content:
Charles Ian Nash, city Attorney
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589~5570
SUBJECT: Reclassification Request )Agenda No. _~5.5~8
for Clerical Assistant II Position )
in the Utilities Dept.
Approval For Submittal By=
)Dept. of Origin: Utilities
)
) Date Submitted: 12/7/93
)
) For Agenda Of: 12/15/93
)
) Exhibits: 11/8/93 Memo from
) R.B. Votopka to KOH
11/10/93 Temp. Upgrade Form
11/29/93 Memo from W. Widmann to
KOH
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED=
SUMF~=Ry STATEMENT
Relative to the scheduled acquisition of the GDU water and
wastewater systems on December 17, 1993, I think it would be
appropriate that Nancy Veidt, Clerical Assistant II, Step 3, be
reclassified to Administrative Assistant, Step 2, effective on the
the actual takeover date. Currently, Nancy Veidt has been
temporarily upgraded from Clerical Assistant II, Step 3, to Account
Clerk II, Step 2, because of her abilities to perform the duties of
the Finance Department personnel who were absent. In demonstrating
exemplary performance in both the Clerical Assistant and Account
Clerk positions, Nancy's abilities make her worthy of being
promoted to the position of Administrative Assistant once the
Utilities Department becomes responsible for the entire GDU
Sebastian Highlands systems.
Based upon the fact that Nancy Veidt's job skills and
qualifications are above and beyond the scope of her present
position, I recommend that Council approve the reclassification to
Administrative Assistant, Step 2, effective on the date of the City
takeover of the GDU systems.
City of Sebastian
1225 MAiN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
~'NTER-OFFICE MEMORANDUM
TO: KATHRYN O' I,.I~?.T.ORAN DATE:
INTERIM CTTY MANAGER
FROM: WEEDY WID~ ~E:
PERSONNEL DIRECTOR
NOVEMBER 29, 1993
RECLASSIFICATION REQUEST
CLERICAL ASST. II IN THE
UTILITIES DEPARTMENT
I have reviewed the information submitted by Rich Votapka as well
as the classification descriptions in the City's Standard Operating
Procedure. Based on this information, I would concur with Mr.
Votapka's request that this position be reclassified to an
Administrative Assistant. Because of the high degree of
independent decision making, the diversified work load and the
importance of tactful public contact, this position lends itself to
an Administrative Assistant classification.
There are currently four Administrative Assistant positions within
City government: City Manager's Office; Community Development;
Police Department and Public Works. Ail are at or above Step 4 of
the Administrative Asst. pay scale. The City's normal procedure for
a higher reclassification is to treat them like a promotion. In
this case, Ms. Veldt would go to'the step that gives her at least
a 5% increase, which would be a step i in the Administrative Asst.
pay scale. She would then be eligible for an increase in six
months., if merited. The City Manager does, however, have the
authority to grant a greater promotional increase. Mr. Votapka's
request is to place Ms. Veldt at a step 2, in which case she would
be eligible for her next increase one year from the date of the
reclassification.
My recommendation would be to start Ms. Veidt out at a step 1,
which is a S .65/hour increase, and then, if merited, give her
another step increase in 6 months.
CC: R. Votapka
CITY OF
PERSONNEL
(INTERNAL
SEBASTIAN
ACTION MEMO
CHANGE FORM)
EMPLOYEE NAME: ~,~ Na~v V.~t,, DATE:
SOCIAL SECURITY NO.:
SECTION I: CPL%NGE
ACTION: Transfer Promotion Reclassification Demotion
Merit increase General Wage __ Termination __ Other
Perm.~/_Temp. Full/Part
DEPT/DIV.
POSITION
SALARY/STEP
STATUS Perm./TemD. Full/Part
EFF. PAYROLL DATE: NEXT EVAL. DATE:
SECTION II:
CFR~)
TEMPORARY UPGRADE
(TO)
Clerical Assistant II POSITION Account Clerk II_
....8...,_9.~0/ Per Fr./Step ~3 SALARY/STEP 9.36 I step
EFFECTIVE DATE ( S ): 11/10/93
FINANCE: -- ,~'- ~' '.4~%~-~ DATE: --~
PERSONNEL: ~ '~~..~ ~.~("'.~,~.<~('~' DATE: '\\- 1('~) ' q~,L
DOC: REGUXSXT 4/93
I
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 I
TELEPHONE (407) 58~5330 c~ FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
RE:
November 8, 1993
KathzTn O,Ralloran, Interim Cit~ Manager/Clt~ Cler~ B
Reclassification of Position for Nanc~ Veldt,
Utilities Dept. Clerical Assistant Ii
On December 17, 1993, the City of Sebastian is scheduled to
takeover the operation and maintenance of the GDU Sebastian
Highlands Water and Wastewater Systems following an expected
successful closing of the sale on December 16, 1993. At that ·
time, the Utilities Department will add four new employees to its
staff and inherit 1242 new water customers and 569 new sewer
custom,rs. The department will once again go through a
t~ansltlonary period in regard to billing and operations as it
did with the smaller Park Place~Palm Lake Club system in May of
this year. The workload of the administrative personnel
consisting of both myself and Nancy Veidt will undoubtedly
increase.
Nancy was employed as a para-time Clerical Assistant II on June
29, 1993, and became a full-time employee on October 1, 1993.
Since the date she was hired, Nancy has proved to be an extremely
capable individual beyond the scope of her normal duties. She
has been able to analyze and review the complex billing reports
our department has received from the Finance Department. As a
result, she has alleviated much of the burden of administrative
responsibility that I would normally have, enabling me to apply
more of my time to the demands of the Chapter 180 Public Hearing,
and GDU acquisition schedules.
Nancy has organized the filing system in the office, and mastered
the Word Perfect program on her computer to the extent that she
is very accurate and expedient. Nancy has obtained information
from various City departments and County agencies to aid me in
preparing documents and statistics required for the bond
Reclassification - Nancy Veidt, Clerical Assistant II
November 8, 1993
Page #2
underwriter and, also, for engineering studies I have done. She
has also demonstrated her ability to deal amicably with the
public in regard to customer billing problems and complaints.
I have also utilized Nancy's drafting talents for small
informational and as-built location sketches. Nancy has proven
that she is quick to learn new skills, undertakes complex
analytical problems and sees them to successful conclusions, and
is highly self motivated. In my opinion, she has proven herself
to be wof~chy and able of the duties of an Administrative
Assistant. Knowing that her duties, responsibilities, and
workload will increase on December 17th, I request that Nancy
Veldt be reclassified from Clerical Assistant II, Step 3, to
Administrative Assistant, Step 2, effective December 17th.
/sg