HomeMy WebLinkAbout02141990 Cit.}, of Sebastian
POST OFFICE BOX 780127 ct SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 14, 1990 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES ~LND INFORMATION ON ITEMS
LISTED BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Paul E. Hauenstein, Christ the
King Lutheran Church
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
90.044
PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - Visiting Nurse Association Week -
2/18/90 - 2/24/90
89.197
PUBLIC HEARING, FINAL ACTION
A. ORDINANCE NO. 0-89-28 - Fischer CLUP Amendment -
1.85 Acres
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE
COMPREHENSIVE LAND USE PLAN MAP FROM COR (COMMERCIAL
OFFICE RESIDENTIAL) DISTRICT TO CG (COMMERCIAL
GENERAL) DISTRICT FOR LAND LOCATED IN THE SOUTHEAST
SECTION OF THE CITY, APPROXIMATELY 1.85 ACRES MORE OR
89.197
89.032
90.045
LESS, LOCATED ON THE WEST SIDE OF THE U.S. HIGHWAY
ONE, EAST OF THE FLORIDA EAST COAST RAILWAY RIGHT-
OF-WAY, AND NORTH OF SCHUMANN DRIVE; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE. (1st Reading 12/13/89,
Advertised 1/15/90, 1st PH 1/24/90, Advertised
2/5/89, 2nd PH 2/14/90)
ORDINANCE NO. 0-89-29 - Fischer Rezoning - 1.85
Acres
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY IN THE SOUTHEAST SECTION OF THE
CITY, APPROXIMATELY 1.85 ACRES MORE OR LESS, LOCATED
ON THE WEST SIDE OF THE U.S. HIGHWAY ONE, EAST OF THE
FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, AND NORTH
OF SCHUMANN DRIVE, FROM ZONING DISTRICT COR
(COMMERCIAL OFFICE RESIDENTIAL) TO ZONING DISTRICT CG
(COMMERCIAL GENERAL); PROVIDING FOR THE AMENDMENT TO
THE OFFICIAL CiTY ZONING MAP TO REFLECT THE CHANGE IN
ZONING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (lst
Reading 12/13/89, Advertised 1/31/90, PH 2/14/90)
Ce
ORDINANCE NO. O-89-19 - Comprehensive Land Use
Plan
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE COMPREHENSIVE
PLAN; AMENDING ARTICLE III OF CHAPTER 20 OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING
SECTION 20-51 OF THE CODE OF ORDINANCES PERTAINING TO
THE COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 8/9/89, Advertised 8/14/89, 1st PH
8/23/89, Transmittal to DCA, Advertised 2/7/90, 2nd
PH 2/14/90)
8. PUBLIC INPUT
A. Non-Agenda Items
Leonard Bassi, 573 Browning Terrace,
Sebastian - Building & Builder (No Backup)
Agenda Items
90.046
90.047
90.048
90.049
90.050
90.051
90.011
89.228
CONSENT AGENDA
A. Approval of Minutes - 1/24/90 Regular Meeting
B. Italian/American Club - Charles Pullara - Request
for CommunitF Center - 12/31/90 - A/B - Security
on Hold - DOB 2/24/32
C. Sebastian River Shrine Club - John Zaricky -
Request for Community Center - 12/14/90 - A/B -
Security on Hold - DOB 1/7/22
Treasure Coast Archeological Society - David
Simmons - Request for Community Center - 2/3/90 -
A/B - Security Paid - DOB 10/8/41
E. RESOLUTION NO. R-90-07 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE EAST SIX FEET OF
LOT 1, BLOCK 188, UNIT 6, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/94,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
F. RESOLUTION NO. R-90-08 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE NORTH EASEMENT OF
LOT 13 AND SOUTH EASEMENT OF LOT 12, BLOCK 124, UNIT
4, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 5/100, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING
AN EFFECTIVE DATE.
Accept Resignation of John Lindsey from Code
Enforcement Board with Regret (City Manager
Recommendation dated 1/23/90, Letter from Lindsey
dated 1/16/90)
Award Bid - Remove Asbestos from North Annex
Building - Environmental Resource Assoc., Inc. -
B6,495 (Staff Recommendation dated 2/8/90, Bid
Tabulation Form)
Approve Personnel Re-Classifications - (City
Manager Recommendation dated 2/8/90, GF Summary)
3
88.193
88.193
89.019
89.093
90.052
88.071
10.
11.
12.
13.
PRESENTATIONS
A.
RESOLUTION NO. R-g0-10 - Dedication Agreement
Between City and Sebastian General Partnership,
B.F.T. - Police Station Site (City Manager
Recommendation dated 2/8/90, Letter fr~m City
Manager dated 2/8/90, R-go-10, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE, ON BEHALF OF THE CITY, A DEDICATION
AGREEMENT WITH SEBASTIAN GENERAL PARTNERSHIP, B.F.T.,
A FLORIDA GENERAL PARTNERSHIP, PERTAINING TO THE
DEDICATION OF CERTAIN REAL PROPERTY LOCATED IN THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FOR
MUNICIPAL PURPOSES OF DIRECT BENEFIT TO THE CITIZENS
OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE.
Review Police Department Station Reports -
Stottler, Stagg (Roy Cowell)
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
Approve Street & Drainage Acceptance Procedures -
Unit 17 S.H. (City Manager Recommendation dated
2/8/90, City Manager Memo dated 1/31/90)
NEW BUSINESS
Approve Additional Street Improvements (Staff
Recommendation dated 2/8/90, Memo from City
Engineer dated 2/8/90)
RESOLUTION NO. R-90-09 - Budget Amendment
(City Manager Recommendation dated 2/8/g0,)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO AN AMENDMENT TO THE
FISCAL YEAR 1989/1990 BUDGET; PROVIDING FOR CHANGES
TO THE GENERAL FUND AND CAPITAL PROJECTS FUND,
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
Dr. Henry Fischer - Request for Extension of
Sand Lake Park Preliminary Plat (Staff
Recommendation dated 1/19/90, Letter from Fischer
dated 1/3/90)
4
go.o~3
14.
15.
MAYOR'S MATTERS
A. DISCUSS GDU Water Fluoridation (Carried Over from
2/7/90 Workshop - No Backup)
COUNCIL MATTERS
A. Vice Mayor McCarthy
B. Councilman McCollum
C. Councilman Oberbeck
D. Councilman Rondeau
CITY ATTORNEY MATTERS
89.157 'A.
89.157 B.
17.
Request for Reimbursement of Attorney's Fees -
GeorGe Metcalf (Letter from City Attorney dated
2/2/90)
Request for Reimbursement of Attorney's Fees -
Dorothy Doucet f/k/a Dorothy McKinley (Letter
from City Attorney dated 2/2/90, Letter from City
Attorney to Attorney Long dated 2/2/90, Letter
from City Attorney dated 1/2/90)
CITY MANAGER MATTERS
89.003 A.
90.053 B.
Review City Manager Position on Airport Study
(City Manager Memo dated 2/8/90)
Appoint Special Legal Counsel - City of Sebastian
vs. Mercedes Homes, Inc. (No Backup)
18. 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.)
5
ORDINANCE NO. 0-89-28
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE
LAND USE PLAN MAP FROM COR (COMMERCIAL OFFICE
RESIDENTIAL) DISTRICT TO CG (COMMERCIAL GENERAL)
DISTRICT FOR LAND LOCATED IN THE SOUTHEAST SECTION OF
THE CITY, APPROXIMATELY 1.85 ACRES MORE OR LESS,
LOCATED ON THE WEST SIDE OF THE U.S. HIGHWAY ONE, EAST
OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, AND
NORTH OF SCHUMANN DRIVE; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the parcel of property described
herein has made application to the City of Sebastian to amend the
land use designation of said parcel of property; and
WHEREAS, the City Council has found and determined that the
proposed land use amendment with respect to said parcel of
property is in the best interests 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. PROPERTY. That the land use change enacted by
the adoption of this Ordinance shall apply to the following
described real property, now lying and being within the
incorporated area of the City of Sebastian, Indian River County,
Florida:
COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3,
SECTION 8, TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN NORTH 89°
36' 19" WEST A DISTANCE OF 48.93 FEET TO A POINT ON THE
PRESENT WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 1 SAID POINT
BEING THE POINT OF BEGINNING FOR THE FOLLOWING MEETS AND
BOUNDS DESCRIPTION.
FROM SAID POINT OF BEGINNING RUN NORTH 89~ 36' 19" WEST TO
THE SOUTH LINE OF SAID GOVERNMENT LOT 3 A DISTANCE OF 242.38
FEET; THENCE RUN NORTH 26° 04' 20" WEST, 370.42 FEET; THENCE
RUN SOUTH 89° 35' 15" EAST 243.18 FEET MORE OR LESS TO A
~W~/DND 'u~oIIeH,O 'N
~OXeN '~Mdw~oA '~ paeqo!H
I HEREBY CERTIFY that two notices of public hearing on this
Ordinance were published in the Veto Beach Press Journal as
required by Section 163.3184 (15)(b) of Florida Statute (1987),
and that two public hearings hereon were held at City Hall, City
of Sebastian, the first on the day of , 198__,
and the second on the day of , 198 , at
which time this Ordinance was adopted by the City Council.
Kathryn M. O'Halloran, CMC/AAE
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
ORDINANCE NO. 0-89-28
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE
LAND USE PLAN MAP FROM COR (COMMERCIAL OFFICE
RESIDENTIAL) DISTRICT TO CG (COMMERCIAL GENERAL)
DISTRICT FOR LAND LOCATED IN THE SOUTHEAST SECTION OF
THE CITY, APPROXIMATELY 1.85 ACRES MORE OR LESS,
LOCATED ON THE WEST SIDE OF THE U.S. HIGHWAY ONE, EAST
OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, AND
NORTH OF SCHUMANN DRIVE; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the parcel of property described
herein has made application to the City of Sebastian to amend the
land use designation of said parcel of property; and
WHEREAS, the City Council has found and determined that the
proposed land use amendment with respect to said parcel of
property is in the best interests 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. PROPERTY. That the land use change enacted by
the adoption of this Ordinance shall apply to the following
described real property, now lying and being within the
incorporated area of the City of Sebastian, Indian River County,
Florida:
COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3,
SECTION 8, TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN NORTH 89°
36' 19" WEST A DISTANCE OF 48.93 FEET TO A POINT ON THE
PRESENT WEST RIGHT-OF-WAY LiNE OF U.S. HIGHWAY 1 SAID POINT
BEING THE POINT OF BEGINNING FOR THE FOLLOWING MEETS AND
BOUNDS DESCRIPTION.
FROM SAID POINT OF BEGINNING RUN NORTH 89° 36' 19" WEST TO
THE SOUTH LINE OF SAID GOVERNMENT LOT 3 A DISTANCE OF 242.38
FEET; THENCE RUN NORTH 26" 04' 20" WEST, 370.42 FEET; THENCE
RUN SOUTH 89" 35' 15" EAST 243.18 FEET MORE OR LESS TO A
1
STEEL PIN ON THE AFORESAID WEST RiGHT-OF-WAY LINE OF U.S.
HIGHWAY 1; THENCE RUN SOUTH 25" 57' 59" EAST ALONG SAID
RIGHT-OF-WAY LINE 370 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.85 ACRES MORE OR LESS.
SECTION 2. DESIGNATION. That the Comprehensive Land Use
Plan Map shall be amended to reflect a designation of CG
(Commercial General) for the property which is the sub3ect of
this Ordinance.
SECTION 3. CONFLICT. Ail ordinances or parts of ordinances
in conflic~ herewith are hereby repealed.
SECTION 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
this Ordinance shall not be affected and it will 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 take
effect immediately upon final passage.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
Richard B. Votapka, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
2
I HEREBY CERTIFY that two notices of public hearing on this
Ordinance were published in the Vero Beach Press Journal as
required by Section 163.3184 (15)(b) of Florida Statute (1987),
and that two public hearings hereon were held at City Hall, City
of Sebastian, the first on the__ day of , 198 ,
and the second on the day of , 198__, at
which time this Ordinance was adopted by the City Council.
Kathryn M. O'Halloran, CMC/AAE
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
ORDINANCE NO. 0-89-29
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY IN THE SOUTHEAST SECTION OF THE CITY,
APPROXIMATELY 1.85 ACRES MORE OR LESS, LOCATED ON THE
WEST SIDE OF THE U.S. HIGHWAY ONE, EAST OF THE FLORIDA
EAST COAST RAILWAY RIGHT-OF-WAY, AND NORTH OF SCHUMANN
DRIVE, FROM ZONING DISTRICT COR (COMMERCIAL OFFICE
RESIDENTIAL) TO ZONING DISTRICT CG (COMMERCIAL
GENERAL); PROVIDING FOR THE AMENDMENT TO THE OFFICIAL
CITY ZONING MAP TO REFLECT THE CHANGE IN ZONING;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the parcel of property described
herein has made application to the City of Sebastian for an
amendment to the zoning classification of said parcel; and
WHEREAS, the City Council has provided notice of the
proposed zoning change and conducted a public hearing to receive
citizen input; and
WHEREAS, the City Council has considered the criteria
identified in Section 20A-11.6 (C) of the Land Development Code,
together with recommended findings and recommendations of its
staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has determined that the requested
change in zoning is consistent with the Comprehensive Land Use
Plan of the City of Sebastian, as amended.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1.
PROPERTY.
That the change in zoning
classification created by the adoption of this Ordinance shall
apply to the following described real property:
COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3,
SECTION 8, TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN NORTH 89"
36' 19" WEST A DISTANCE OF 48.93 FEET TO A POINT ON THE
PRESENT WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 1 SAID POINT
BEING THE POINT OF BEGINNING FOR THE FOLLOWING MEETS AND
BOUNDS DESCRIPTION.
FROM SAID POINT OF BEGINNING RUN NORTH 89° 36' 19" WEST TO
THE SOUTH LINE OF SAID GOVERNMENT LOT 3 A DISTANCE OF 242.38
FEET; THENCE RUN NORTH 26° 04' 20" WEST, 370.42 FEET; THENCE
RUN SOUTH 89~ 35' 15" EAST 243.18 FEET MORE OR LESS TO A
STEEL PIN ON THE AFORESAID WEST RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 1; THENCE RUN SOUTH 25° 57' 59" EAST ALONG SAID
RIGHT3OF-WAY LINE 370 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.85 ACRES MORE OR LESS.
SECTION 2. DISTRICT. That the real property described in
this Ordinance is hereby rezoned from COR (Commercial Office
Residential) zoning district, to CG (Commercial General) zoning
district. The official City zoning map shall be amended to
reflect this change in zoning district.
SECTION 3. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
In the event a court of
competent Jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
this Ordinance shall not be affected and it will 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.
2
SECTION 5. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Richard B. Votapka, 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 and that a public hearinG hereon was
held at City Hall, City of Sebastian, on the .... day of
198 at which time this Ordinance was
adopted by the City Council.
Kathryn M. O'Halloran, CMC/AAE
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
ORDINANCE NO. 0-89-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE COMPREHENSIVE PLAN;
AMENDING ARTICLE III OF CHAPTER 20 OF THE CODE OF
ORDINANCES OF THE CiTY OF SEBASTIAN; AMENDING SECTION
20-51 OF THE CODE OF ORDINANCES PERTAINING TO THE
COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida enacted the
"Local Government Comprehensive Planning and Land Development
Regulation Act" and codified such Act as Sections 163.3161 et. seq.
of the Florida Statutes (1987); and
WHEREAS, it is the intent of this Act that its adoption is
necessary so that local governments can preserve and enhance
present advantages; encourage the most appropriate use of land,
water, and resources, consistent with the public interest; overcome
present handicaps; and deal effectively with future problems that
may result from the use and development of land within their
Jurisdictions; and
WHEREAS, the City of Sebastian has submitted a proposed
amended Comprehensive Plan to the Department of Community Affairs
of the State of Florida; and
WHEREAS, the City of Sebastian has received the written
objections, recommendations, and comments from the Department of
Community Affairs of the State of Florida; and
WHEREAS, the City of Sebastian has received comments and
proposals from the general public and held not less than two public
hearings with regard to the amended Comprehensive Plan; and
1
WHEREAS, the City Council has made certain amendments in the
proposed new Comprehensive Plan in light of the comments and
proposals from the general public, as well as the comments,
recommendations and objections of the Department of Community
Affairs and various other State agencies; and
WHEREAS, the City Council hereby declares that the purpose and
intent of the Comprehensive Plan is to guide future growth and
development~ encourage the most appropriate use of land, water and
other resources; promote and protect the public health, safety,
comfort, good order, appearance, convenience, aesthetics, and
general welfare; prevent the over-crowding of land; avoid the undue
concentration of population; provide adequate and energy efficient
transportation, water, sewage, drainage, fire protection, law
enforcement, schools, parks, recreation facilities, housing, and
other services, facilities and resources; and conserve and protect
natural resources within the City, while protecting private
property rights.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section A. That Section 20-51 of the Code of Ordinances of
the City of Sebastian, Indian River County, Florida, is hereby
amended to read as follows:
"That the document entitled "City of Sebastian-Comprehensive
Plan, Goals, Objectives and Policies," dated July, 1989 and the
document entitled "City of Sebastian-Comprehensive Plan, Data,
inventory and Analysis," dated July, 1989, which documents are
attached hereto and made a part hereof as Exhibits "A" and "B", are
2
hereby adopted as the Comprehensive Plan of the City of Sebastian
in accordance with a Local Government Comprehensive Planning and
Land Development Regulation Act, codified as Sections 163.3161 et.
seq~ of Florida Statutes (1987)."
Section 2. CONFLICT. All 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 that the
word "ordinance" may be changed to "section", "article", or other
appropriate designation.
Section 4. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it will 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 take effect
immediately upon final passage.
3
The foregoing Ordinance was moved for adoption by Councilman
The motion was seconded by Councilman
and, upon being put to a vote, the vote
was as follows:
Mayor Richard B. Votapka
Vice-Mayor Robert McCarthy
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The M~yor thereupon declared this Ordinance duly passed and
adopted this day of , 1989.
CITY OF SEBASTIAN, FLORIDA
By:
Richard B. Votapka, Mayor
ATTEST:
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 two public hearings were held on this
Ordinance, the f~irst public hearing was held at 7:00 p.m. on
the ~.day of ~L..ff/~ , 1989, and the second public hearing
was held at 7:00 p.mq on the day of , 1989,
and that following the second 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
4
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
COMMUNITY CENTER XXX YACHT CLUH
Name of Renter/Organization THE ITALIAN AMERICAN CLUB OF SEBASTIAN
Number of Persons constituting group or organization: 1 60
Reason for Rental NEW YEARS EVE PARTY
Requested Date DECEMBER 31 ~ 1 990
Time of Day: From 6 PM
Please answer YES or NO:
1) Are kitchen facilities required?
2) Ara you s resident of Sebastian?
3) Will decorations be put up?
4)
5)
To 1:30 AM
YES
YES
Will there be an admission or door charge? YES
Will alcoholic beverages be served? ~
(a) If answer to #5 is yes -
psrmittee's proof of age _~_ ~4~ lq~
(b) If alcohol is to be served, permission is required by the
City Council. Your request will be presented to Council
on
Amount of Rental__~SD_.,.L_Q~.~_~_- 7% Tax: ...... Exempt
Security Deposit: $~ Total Rental: $50.00
Name of Permittee: (~ J. PULLARA, PRESIDENT
Address of Permittee: 56~ FUTCH WAY Sebastian, Florida 32958
Telephone No.: 589-5213
Date of Application Feb. 1 w1990
Make checks payable to: CITY OF SEBASTIAN
APPROVED/DISAPPROVED
City Clerk
TO BE FILLED IN BY CITY CLERK'S OFFICE
Security Deposit paid on
by Check
Rental Fee paid on
by Check
or Cash
initial
(data) in the amount of
or Cash
initial
Alcoholic Beverage Request heard at the Council Meeting on
(date). Request APPROVED/DENIED.
Fee Waiver Request heard at the Council Meeting on
(data). Request APPROVED/DENIED.
Key Pickup Date Key Return Date
Security Deposit returned by City Check #
amount of on
Amount kept for damages (if applicable).
in ths
(date).
CITY OF SEBASTIAN
COMMUNITY CENTER
RENTAL PERMIT APPLICATION
~ ¥C.S YACHT CLUB
Name of Renter/Orgsnization~SeLast'tnn .'diver []hrine Club
Number of Persons constituting group or organization:
Reason for Rental C]~ristlTUlS
Requested Date !>ece,.ul~cr 1/~; l~(~
Time of Day: From
Please answer YES or NO:
1) Are kitchen facilities required?
2) Are you a resident of Sebastian?
3) Will decorations be put up?
4)
5)
Will there be an admission or door charge7
Will alcoholic beverages be served~
(a) If answer to ~5 is yes -
permittee's proof of age ?]rivet'r: ]icensc
if alcohol is to be served, permission is required by the
City Council. Your request will be presented to Council
on
Amount of Rental '. ~ 7% Tax:
Security Deposit: $.,~")/~'/ Total Rental: $,.,_~f~. ~9~
Name of Permtttee: Jo]~n C. Zaric]':y-'-Secretar},~ S.R.S.C.
Address of Permittee: , .~, [Yontwortl~,,t. reet~'- ~
Telephone No.:
Date of Application,lan 20, 1990
Make checks payable to: CITY OF SEBASTIAN
APPROVED/DISAPPROVED
City Clerk
TO BE FILLED IN BY CITY CLERK'S~FFICE
Security Deposit paid on ~/~~(date) in the amount of
by Check'# ~ or Cash
initial
Rental Fee paid on
by Check
(date) in the amount of
or Cash
initial
Alcoholic Beverage Request heard at the Council Meeting on
(date). Request APPROVED/DENIED.
Fee Waiver Request heard at the Council Meeting on
(date). Request APPROVED/DENIED.
Key Pickup Date
Key Return Date
Security Deposit returned by City Check
amount of on
in the
(date).
Amount kept for damages (if applicable).
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
CO['~4UNITY CENTER / YACHT CLUB
~umber of ~er, eon~ con~t~u~tng group or o~gantza~ton~
Please answer YES or NO=
1) Are kitchen facilities required?
2) Are you a resident of Sebastian?
3) Will decorations be put up?
4) Will
5) Will
(a)
there be an admission or door charge? ~_~
slcoholio bay.rages be served7
If answer to ~$ is yes -
permittee's proof'of age
(b) If alcohol is to b~ served, permission is required by the
City Council. Your request wili' be presented to Council
on
Amount of Rental "~,~O, O o 7% Taxl ~'~
Security Depostt~ $~¢¢,8 Total Rental~
Telephone No.~ ~c]_~O Date of Application
APPROVED/DISAPPROVED '4 ~/"*~
TO BE FILLED IN BY CITY ~L~ OFFICE
Security Deposit psid on_~ ~/~/~6) (date) tn the ~mount of
by C~, ~# ~ or Cash ~
initial ~
Rental Fee paid on
(date) in the amount of
or Cash
initial
Alcoholio Beverage Request heard st tho Council Meeting on
~b,-~ I~,t~C' (date). Request APPROVED/DENIED.
Fee Waiver Request heard at tho Council Meeting on
,~J/? (date). Request APPROVED/DENiED.
/
Key Pickup Date Key Return Date
Security Deposit returned by City Check #
amount of on
Amount kept for damages (if applicable).
in the
(da-~e).
rfO.
RESOLUTION NO. R-90-07
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE EAST SIX FEET OF LOT
1, BLOCK 188, UNIT 6, SEBASTIAN HIGHLANDS, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PBI 5/94, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED BY the City Council of the City of Sebastian,
Indian River County, Florida, as follows:
SECTION I
That the City of Sebastian does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The east six feet of Lot 1, Block 188, Unit 6,
Sebastian Highlands,
recorded in PBI 5/94,
County, Florida.
according to the plat thereof,
Public Records of Indian River
SECTION II
Ail resolutions or parts of resolutions in conflict herewith
are hereby repealed.
SECTION III
This resolution shall be recorded in the public records of
Indian River County, Florida.
SECTION IV
This resolution shall be in full force and effect
immediately upon its passage.
CITY OF SEBASTIAN, FLORIDA
by:
Richard B. Votapka, Mayor
ATTEST:
Kathr~ M. O'Halloran, CMC/AAE
City Clerk
~ HEREBY CERTIFY that the foregoing Resolution was duly
passed and-adopted by the City Council of the City of Sebastian,
Florida, this__day of , 1990.
Kathr~h M. O'H~lloran, CMC/AAE
( SEAL )
(STATE OF FLORIDA)
(COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in Indian River County, Florida, to take
acknowledgements, personally appeared
and to me known as the persons
described herein and who executed the foregoing instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and seal in indian River County, Florida, this
day of , 1990.
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires
Approved as to Form and Content:
Charles I. Nash, City Attorney
2
CITY OF SEBASTI~
APPLICATION FOR VACATION OF EASEMENT(S)
(This request shall no be accepted unless completed in full)
NA E'.
ADDRESS:
TE~.EPHONE NO.(~'/° E,,%7) 3!-~ 'Z'A~'~' TYPE
*individual, corporation, etc. - If corporation apply ~orporate
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS:
(Attach description on attachment if necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item to be filled in by Building Official)
TYPE OF EASEMENT:
APPROXIMATE SIZE OF EASEMENT: feet in length__in width
PURPOSE FOR REQUEST TO VACATE: ~ /~ r3/~ '~ ~
(Explain in detail your need to release thins ease?~nt)
I HEREBY CERTIFY that I, the Applicant, own the real property on
which the easement I request to vacate exists, or I am authorized
to present this request to vacate by the owner of the real
propertyp ~ ~
'Si~hed~(title~ If an~)~C. Date
~. ~L~ ~//~ Corporate Sea~
Please Print Name Here
Attach hereto the following:
( ) 1. Map, plat, survey, or clear drawing at least 8 1/2" x 11"
showing the parcel of land on which the easement exists,
with parcel(s) of land adjacent to the easement requested
to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWING.
( ) 2~ Complete legal description of the parcel of land on which
(~ the easement exists if the full description cannot be
placed on the lines provided above for the description.
Written authorization of the owner of the parcel of land
on which the easement exists if the applicant is not the
owner.
( ) 4.
( N/A )
IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO
REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED
OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT.
( ) 5.
Attach a check or money order payable to "The City of
Sebastian" upon submittal of this application to the
Office of the City Clerk. This application fee is not
refundable. The fee is $25.00.
( ) 6. OTHER:
Date Received by the Office of the City Clerk
By:
file: aban.app
....... , .... ~- ~. ~- ~ -~*~ ,~'.
~':~ ~'"'~.~ ............ ~'~ ~,~ '~ ~e~ ,
__ ~.,.~. ~ ~- :' '~ ...... ~ ..... ~,~' ~ ........... ~ .....
v' ·~'~ ~' ~ *~ ' "I'~~ ..... ~.. .....
I
~ORTBfiBff I FoU~ Iron Ro~ D C~IPTION
...................... LOT N , BLOCK
~s RECORDED IN PL&T 800K ~ . PAGE
FOUNDATION LOCATION I Found ConCrete Monument OF ~HE PUBLIC R~CORDS OF JUO~ ~COUNTY,FLORIDA,
Elevations BOled O~: ~ ASSUMED DATA ~ 1~2~ N.G.V,D~ & Found Netl e.~
Ba.rt~g~ Be,,d On: O PLAT g ASSUMED DAT~ & S,I N,II ,d Disc ~LOOD"'ZONE ' C PANEL NO.
THIS S~[Y IS PREPARED AND CERTIFIED FOR HE S~E BENEFIT ~ THE PARTIES NAMED HEREO~'"[~O'FOR THE ' ' ' ......
SPeCIFIC P~POSE ~TED ABOVE A~ MUST NOT 8[ RELIED UP~ eV ANY OTHER I~IVIDUAL OR ENTITY WHATSOEVER CERTIFIED TO ' ~0[
,,,~.,.. ~.,,.~ ..~...~ ~,.~ ~.ow..~.*. w~...o~ ~. ~ ~.~,~.o.~..,~ ,.~ ~.~ ...E~..o MICHAEL
U~CHA[L J. KAN[. FLOriDA PROF[SS~ONAL LAND SURv~'Y0~ NO."~O~9 P~LM ~AE FLORID, t 3290~
'.~,'~ ..~:~'- ~..l_~'i?'L. LTL~ ~'. ..... I D~",= .~.~. ~_~?,.~..~.~ ~~ 'i~ ,.'" ~ ....... :'~'
City of Sebastian
POST OFFICE BOX 780127 m SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
M E M O
TO:
FROM:
DATE:
REF:
Kathryn O'Halloran
City Clerk
Bruce Cooper ' -~ ~k~-...--" L~-~
Director of Community Devel
January 26, 1990
Abandonment of Easement, Lot 1, Block 188,
Sebastian Highlands, Unit 6
In reference to the above request, I have no objection.
BC:jk
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
, i
DATE: January 31, 1990
TO: Kathryn M. O'Halloran
City Clerk
FROM: David Fi~~
City Engine,
RE: Abandonment of Easement
After an on site inspection by our Department, we have no
objection to the abandonment of easement for the east six
(6) feet of Lot 1, Block 188 Unit 06, in the Sebastian
Highlands.
Should you require any further information, please feel free
to contact our office.
DF:lk
RESOLUTION NO. R-90-08
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE NORTH EASEMENT OF LOT
13 AND SOUTH EASEMENT OF LOT 12, BLOCK 124, UNIT 4,
SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 5/100, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY the City Council of the City of Sebastian,
Indian Rive~ County, Florida, as follows:
SECTION I
That the City of Sebastian does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The north easement of Lot 13 and the south easement of
Lot 12, Block 124, Unit 4, Sebastian Highlands,
according to the plat thereof, recorded in PBI 5/100,
Public Records of Indian River County, Florida.
SECTION II
Ail resolutions or parts of resolutions in conflict herewith
are hereby repealed.
SECTION III
This resolution shall be recorded in the public records of
Indian River County, Florida.
SECTION IV
This resolution shall be in full force and effect
immediately upon its passage.
1
CITY OF SEBASTIAN, FLORIDA
by:
Richard B. Votapka, Mayor
ATTEST:
Kathry~M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly
passed and adopted by the City Council of the City of Sebastian,
Florida, th~s__day of , 1990.
K~thryn~. O'Halloran, CMC/AAE
( SEAL )
(STATE OF FLORIDA)
(COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in Indian River County, Florida, to take
acknowledgements, personally appeared
and to me known as the persons
described herein and who executed the foregoing instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and seal in Indian River County, Florida, this
day of , 1990.
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires
Approved as to Form and Content:
Charles I. Nash, City Attorney
2
C~TY OF SEBASTIAN
APPLICATION FOR VACATION OF EASEMENT(S)
(This request shall no be accepted unless completed in full)
TELEPHONE NO. %cV"~. : -'%O ~'~
*Individual, corporation, etc.
seal below
TYPE OF ENTITY:*~!a.~ ' X.)-..~[:~/~'
- If corporation apply corporate
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS:
(Attach desCription'on e~t~hment if necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item to be filled in by Building Official)
TYPE OF EASEMENT:
APPROXIMATE SIZE OF EASEMENT:
PURPOSE FOR REQUEST TO VACATE:
feet in length
(Explain in detail your ne~d to release this easement)
I HEREBY CERTIFY that I, the Applicant, own the real property on
which the easement I request to vacate exists, or I am authorized
to present this request to vacate by the owner of the real
property.
C .... . ....
~ignea:(tl~ie; ~f any) Date '
~'t ~ %.~.~,~,,~. t~, , Corporate Seal
Please Print Name Here
Attach hereto the following:
(~) 1. Map, plat, survey, or clear drawing at least 8 1/2# x 11"
showing the parcel of land on which the easement exists,
with parcel(s) of land adjacent to the easement requested
to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWING.
( )2.
( N/A )
( ) 3.
( N/A )
Complete legal description of the parcel of land on which
the easement exists if the full description cannot be
placed on the lines provided above for the description.
Written authorization of the owner of the parcel of land
on which the easement exists if the applicant is not the
owner.
( ) 4.
( N/A )
IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO
REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED
OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT.
( ) 5.
( ) 6.
Attach a check or money order payable to "The City of
Sebastian" upon submittal of this application to the
Office of the City Clerk. This application fee is not
refundable. The fee is $25.00.
OTHER:
Date Received by the Office of the City Clerk
By:
file: aban. app
I I IIII II II I lEI III I I ~n ~ ~ ....~
According Co Hap No,
12061C0078£, Panel 78 of 169
dated Hay 6, 1989, thie
property lies in Floocl Zone
X.
pLAT OF SURGEY for: ].sE xor~s oF xNx)iAN RIVER, INC.; COWL OaRC£S 'PEDgRAL
SAVINGS AND LOAN ASSOCIATION; PROFESSIONAL TITLE OF INDIAN
R?V~R. IMC. ! RTF. WART TITLE GUARANTY COMPANY
~1~ ~a~/~aa~t ~ TYPE DATE dOB ~
OWN. ~'y':~ ..... iS ALE HUGH J. SMITH ~ND SURVEYING, INC.
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
M E M O
TO:
FROM:
DATE:
REF:
Kathryn O'Halloran
City Clerk
George Bonacci
Chief Building Inspector
January 30, 1990
Abandonment of Easement, Lots 12 & 13, Block 124,
Sebastian Highlands, Unit 4
I~~ren~above request, I have nD objection.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589,-5330
FAX 407-589-5570
DATE: Februal-y ~ . 1990
TO: Kathryn M. O'Halloran
Ciiy Clerk
FROM: David FisherCj'~/~''
City Engineer
RE: Abandonment of Easemen~
After an on site inspection by our Department, we have no
objection t.o the abandonment of easement for the north five
~5) feet of Lot 13 and t]~e south five (5) feet of Lot 12,
Block 124, Unit 4. Sebastian Highlands.
Should you require any further information, please feel free
to contact our offJce.
DF:dim
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Code Enforcement
Board Resignation
Approved For Submittal By:
City Manager
Agenda No. ~0, 0J~/
Dept. Origin: city Manager
Date Submitted: 01/23/90
For Agenda Of: 02/14/90
Exhibits:
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
The Code Enforcement Board has received a letter of resignation
from John Lindsey (who filled the General Contractor position).
RECOMMENDED ACTION
Move to accept, with regret, resignation of John Lindsey as a
member of the Code Enforcement Board.
GENERAL CONTRACTOR P.O. BOX 1235
SEBASTIAN, I=L 329S8
(30S) 589-6964.
January 16, 1990
To: Members of the Code Enforcement Board
Please be advised that effective on January 17, 1990, I am
resigning my position on the Code Enforcement Board for the
City of Sebastian, State of Florida.
It has been a pleasure to serve on this board.
John Lindsey
JL/j
City of Sebastian
POST OFFICE BOX 780127 r, SEBASTIAN, FLORIDA 32978
TELEPHONE (401) 589-~330
FAX 407~580-5570
SUBJECT: Bid Award for Asbestos
Abatement
Approved For Submittal By:
City Manager
/
) Agenda No.
)
) Dept. Origin Finance (LWN)
)
) Date Submitted 2-8-90
)
) For Agenda Of 2-14-90
)
) Exhibits: Bid labu]ation Sheet
)
)
)
EXPENDITURE AMOUNT
REQUIRED= 6495.00 BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The city of Sebastian received eight (8) timely bids for asbestos abatement in
Community Development Department's new office space. Appropriate staff reviewed
all the bids and compared them with the advertised specifications. The lowest
bidder, Environmental Resource Services, Inc. of Tampa, meets all the specifications
and will comply with EPA, Federal Safety Regulatory, OSHA, NIOSH and Florida DCA
asbestos work practices. Adequate funds are included in a proposed budget amend-
ment pending City Council approval.
RECOMMENDED ACTION
Move that the bid for asbestos abatement for Community Development office space
be awarded to the lowest and best bidder, Environmental Resource Services, Inc.
aOmfenTdammeOnat, #~. the amount of $6,495.00, pending City Council approval of budget
i
'°i
!
il/
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Personnel Request
Approved For Submittal By:
city Manager
Agenda No. ~,~
Dept. Origin: city Manager
Date Submitted: 02 0_~
For Agenda Of: ~
Exhibits: Summary of GF Requests
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMI~RY ,,,,STATEMENT
The attached personnel re-classifications were reviewed by the
City Council at the Workshop Meeting of February 7, 1990. The
proposed re-classifications would affect only General Fund. Any
approval of these re-classifications will be subject to city
Council approval of the budget amendment.
RECOMMENDED h,CTION
Move to approve the request of the city Manager for re-
classifications of certain existing personnel position, subject
to approval of budget amendment #2.
DEPT. HEAD REQUEST
Community Development Department
Re-classification:
-Clerical Ii to Admin. Sec.
-Clerical I to Clerical II
Police Department
Re-classification:
-Cc~m. Tech. frc~ PT to FT
Public Works Department
~-classifications:
-Admin. Sec. to Admin. Asst.
-Maint. Worker I to
Maint. Worker II (Sign Shop)
-Maint. Worker II to
Maint. Worker III (Park)
ANNUAL 9 MONTHS
1,173 880
1,043 782
10,752 8,064
417 313
404 303
395 296
$ 14,184
$ 10,638
CITY MANAGER
8,064
313
303
296
$ 8,976
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Donation of Chesser's
Gap Property for Police Station
Approved For Submittal By:
City Manager
Dept. Origin: city Manager
Date Submitted: 02/08/90
For Agenda Of: ~
Exhibits: Resolution R 90-10
- Dedication Agreement
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUlgl~RY STATEMENT
The survey of the Chesser's Gap site has been completed, and the
legal documents have been prepared to .finalize the property
donation from Sebastian General Partnership, B.F.T. to the City
for construction of a police station.
RECOMMENDED ACTION
Motion to adopt the Resolution No. R-90-10 authorizing execution
of dedication agreement and warranty deeds.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589"5570
February 8, 1990
Henry A. Fischer, D.D.S.
General Partner
Sebastian General Partnership, B.F.T.
10725 U.S. Highway 1
Sebastian, Florida 32958
Dear Dr. Fischer:
Enclosed you will find the Dedication Agreement and Warranty
Deeds relating to your donation of the Chesser's Gap property for
the City's construction of a police station. Would you please
have these documents executed and returned to me so that we might
finalize the donation.
i have placed this matter on the Wednesday, February 14th City
Council agenda for formal acceptance. If your schedule permits,
I hope you will attend the meeting. Also during this meeting,
architect Roy Cowell of Stottler Stagg will present his
conceptual plan for the station.
Should you need additional information, please contact me.
Sincerely yours,
Robert McClary
City Manager
Enclosures
RE~OLU?ION NO.
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE, ON BEHALF OF THE CITY, A DEDICATION
AGREEMENT WITH SEBASTIAN GENERAL PARTNERSHIP, B.F.T., A
FLORIDA GENERAL PARTNERSHIP, PERTAINING TO THE
DEDICATION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FOR
MUNICIPAL PURPOSES OF DIRECT BENEFIT TO THE CITIZENS OF
THE CITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sebastian General Partnership, B.F.T., a Florida
general partnership, is the owner of certain real property
located in Sebastian, Indian River County, Florida, which it is
desirous of dedicating to the City of Sebastian for certain
municipal purposes; and
WHEREAS, the City Council of the City of Sebastian, after
reviewing the proposed Dedication Agreement and 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 Dedication Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. The Mayor and the City Clerk of the City of
Sebastian, Indian River County, Florida, are hereby authorized to
execute, on behalf of the City, the proposed Dedication Agreement
between the City of Sebastian and Sebastian General Partnership,
B.F.T., a Florida general partnership, pertaining to the
dedication of certain real property located in the City of
Sebastian, Indian River County, Florida, which would thereby bind
the parties to the terms and conditions thereof.
1
Section 2. This Resolution shall take effect immediately
upon its adoption.
The foreuoing Resolution was moved for adoption by
Councilman
Councilman
the vote was as follows:
Mayor Richard B. Votapka
Vice Mayor Robert McCarthy
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The motion was seconded by
and, upon being put to a vote,
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1990.
CITY OF SEBASTIAN, FLORIDA
by:
Richard B. Votapka, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
( Seal )
Approved as to Form and Content:
Charles Ian Nash, City Attorney
2
~ ~aOrrv l~v~
~ux?s 505
.~um~z, ~ 32901
(407) 9~4.3300
~.X (407) 951-3741
D~DICATION AGREEMENT
Agreement effective on the date accepted by the CITY OF
SEBASTIAN, Indian River County, Florida, and made by and between
SEBASTIAN GENERAL PARTNERSHIP, B.F.T., a Florida general
partnership, whose principal place of business is 10725 U.S.
Highway 1, Sebastian, Indian River County, Florida 32958,
hereinafter referred to as the "Dedicator", and the CITY OF
SEBASTIAN, a Florida municipal corporation, whose address is 1225
Main Street, Sebastian, Indian River County, Florida 32958,
hereinafter referred to as the "City".
WHEREAS, the Dedicator desires to transfer fee simple title
in a parcel of land hereinafter described, to the City primarily
for a police station site; and
WHEREAS, the Dedicator wishes to transfer fee simple title
in a parcel of land hereinafter described, to the City for a
roadway and road right-of-way; and
WHEREAS, the City is desirous of receiving fee simple title
to a parcel of real property hereinafter described primarily for
a police station site; and
WHEREAS, the City is desirous of receiving fee simple title
to a parcel of real property hereinafter described for a roadway
and road right-of-way.
NOW, THEREFORE, in consideration of the premises and the
mutual covenants contained herein, the receipt and sufficiency of
which %re hereby acknowledged, the Dedicator and the city hereby
agree as follows:
1. Irrevocable Offer to Dedicate. The execution of
SU'T~ 505
.XOU~U~, ~ 32901
(407) ~84'3300
~ (407) ~l'37&]
this Agreement by the Dedicator (even without execution by the
City) shall constitute an irrevocable offer to dedicate the
parcels of real property as set forth in Paragraphs 2 and 3, in
accordance with the provisions of this Agreement for a period of
sixty (60) days. If this irrevocable offer to dedicate is not
accepted by the City by the adoption of the appropriate
resolution by the City Council of the City of Sebastian, Indian
River County, Florida, during such sixty (60) day period, then
this irrevocable offer to dedicate shall expire.
2. Dedication for Police Station site, The Dedicator
hereby agrees to dedicate the parcel of land approximately 2.1
acres in area located in the Chesser's Gap P.U.D. whereby the
north property line of the site will run parallel to and
approximately 300 feet to the south of the southern right-of-way
boundary of County Road 512, as more specifically described in
the Warranty Deed attached to this Agreement and identified as
Exhibit "A", and by this reference incorporated herein, to the
City, subject to the following conditions:
a. The City shall begin construction of a police
station on the parcel of land on or before December 31, 1991.
b. The architectural exterior appearance of the
building to be constructed by the City as a police station shall
be submitted for the approval of the Dedicator to ensure that the
building will be compatible with the overall aesthetics of the
development contemplated on the contiguous parcel of land
commonly known as "Chesser's Gap"; but the approval of the
2
Si, I-./,u~o a Orr~ BLvo.
Surer 505
,~ox~R~. IOL 32001
:407') 084-3300
~ (407) ~1-3741
architectural exterior appearance of the building shall not be
unreasonably withheld by the Dedicator and the decision of the
Dedicator to approve or disapprove the drawings or plans
submitted by the City for such approval shall be communicated in
writing to the city within forty-five (45) days of the receipt by
the Dedicator of the proposed drawings or plans submitted by the
City.
c. After the expiration of a period of ten (10)
years commencing on the date the Warranty Deed identified on
Exhibit "A" is executed by the Dedicator, the city may use the
parcel of real property identified on Exhibit "A" for any public
purpose.
d. If prior to the expiration of the ten (10) year
period commencing on the date the Warranty Deed identified on
Exhibit "A" is executed by the Dedicator, the city ceases to use
any building constructed on the parcel of real property
identified on Exhibit "A" as a police station site, then all of
the right, title and interest in such parcel of real estate,
together with all improvements constructed thereon, but not
including any personal property, shall revert to the Dedicator.
e. If at any time after the expiration of a period
of ten (10) years commencing on the date the Warranty Deed
identified on Exhibit "A" is executed by the Dedicator, the city
ceases to use the parcel of real property identified on Exhibit
"A" f~r public purposes, then all of the right, title and
interest in such parcel of real estate, together with all
SurrE 505
407) 084-3300
dX (407) 051-3741
improvements constructed thereon, but not including any personal
property, shall revert to the Dedicator.
3. Dedicatig~ of Roadway and Road Right-Of-Way,
a. The Dedicator hereby agrees to transfer all of
its right, title and interest in the real property identified in
the Warranty Deed attached hereto and identified as Exhibit "B",
and by this reference incorporated herein, to the City whereby
such p~rcel of real property shall be used for a roadway and a
road right-of-way in accordance with the following conditions:
i. The City, at its expense, shall construct a
two lane road within the confines of the parcel of real property
identified on Exhibit "B" whereby the street known as Fleming
Street shall be extended for a distance of 470.00 feet starting
at the southern right-of-way boundary of County Road 512 and
continuing to the south (hereinafter referred to as the "Fleming
Street extension").
ii. The City and the Dedicator shall agree upon
the basic design of the Fleming Street extension, but the
approval or consent of the Dedicator shall not be unreasonably
withheld. The parties agree that the roadway shall be a two lane
road, and they anticipate that it will contain a median and a
left hand turning lane on a portion of the northbound lane for
turning west onto County Road 512. The City shall, in its sole
discretion, determine the exact construction specifications and
width ~f the Fleming Street extension, and all other engineering
and safety criteria concerning the construction of the Fleming
Sw~vr 505
,.soomqE, ~ 32901
(407) ~84-3300
~X (407) G}51-3741
Street extension, subject to applicable state and local
requirements, but in exercising such discretion, the City need
not take into account the amount of anticipated usage of the
Fleming Street extension, other than such usage that will be
expected to occur due to the construction of the police station
adjacent to the Fleming Street extension.
iii. Dedicator agrees that the City shall
have nO obligation to install any signalization in conjunction
with the Fleming Street extension, other than a stop sign in
connection with the intersection of the Fleming Street extension
and County Road 512 at or near the southeast corner with respect
to the traffic traveling northbound on the Fleming Street
extension. The Dedicator agrees and acknowledges that the
Dedicator will bear the financial obligations of any improvements
which are required to be made to the Fleming Street extension
occasioned by the development by the Dedicator of the property
located adjacent to the Fleming Street extension which it
currently owns or may hereafter acquire.
b. The Dedicator hereby agrees to transfer all of
its right, title and interest in the real property identified in
the Warranty Deed attached hereto and identified as Exhibit "C",
and by this reference incorporated herein, to the City whereby
such parcel of real property shall be used for a driveway for
ingress and egress by the city, and at the option of the City,
the public, from the police station site described in Exhibit "A"
to County Road 512. The city shall, in its sole discretion,
5
8urr~ 505
~ou~. I~L 32901
(407) 984-3300
:~X (407) ~51-3741
determine the exact construction design, specifications and width
of the driveway, and all other engineering and safety criteria
concerning the construction of the driveway, subject to
applicable state and local requirements.
4. Incorporation of Warranties. The Dedicator and the
City hereby agree that the warranties contained in the Warranty
Deeds identified on Exhibits "A", "B" and "C" hereto are
incorpbrated herein by reference and are intended to be
enforceable against the Dedicator in the event of any breach
thereof. These warranties shall survive the acceptance of this
Agreement and the consummation of the transactions contemplated
by this Agreement, and shall not be merged into this Agreement or
the consummation of the transactions contemplated by this
Agreement.
5. Time.is o~ the Essence. The parties hereto agree
that time is of the essence with respect to all obligations
created hereunder and the fulfillment of all conditions set forth
in this Agreement.
6. No Implied Aqreements. The Dedicator and the City
acknowledge and agree that this Agreement does not constitute an
acceptance or approval by the City of any site plan of the
Dedicator, whether conceptual, preliminary or final, with respect
to any subdivision or other plat which the Dedicator has
submitted or intends to submit to the City for review or approval
in accordance with the Land Development Code of the City, as
amended from time to time.
6
SUIT~ 505
:L~OU~.~Z. FL 32901
(407) ~4-3300
'AX (407) 951-3741
7. Impact Fees.. The Dedicator hereby acknowledges
that the City does not currently assess or levy impact fees with
respect to the development of real property located within the
corporate limits of the City. The Dedicator and the City
acknowledge, however, that Indian River County, a political
subdivision of the State of Florida, does currently impose impact
fees with respect to developments of real property located within
the k~oundaries of Indian River County, which includes the
corporate limits of the City. The Dedicator and the City hereby
agree that if any credit would be otherwise granted by Indian
River County against the impact fees which Indian River County
imposes which are based on the fair market value of any of the
land and right-of-ways being donated by the Dedicator to the City
pursuant to this Agreement, the city would waive any interest it
would have and such impact fee credit and hereby irrevocably
assigns such impact fee credit to the Dedicator. The city shall
be entitled to receive any impact fee credit granted by Indian
River County attributable to the expense that the City incurs
with respect to any improvements to the Fleming Street extension
or the right-of-ways made at the expense of the City.
8. Title Commitments;. Su~.veys; Prorations. upon
acceptance of this Agreement by the City, the City shall have the
option to secure, at its expense, title insurance commitments
issued by a Florida license title insurer agreeing to issue to
the C~ty upon recording of the Warranty Deeds identified on
Exhibits "A", "B" and "C" attached hereto, an owner's policy of
7
TTOItNI~y~ AT X~tw
H~o~ CrrY BLv~
Surrz 505
.~oun~r~. lm'L 32901
407) 9~4-3300
(407) 951-3741
title insurance in the amount of the fair market value set forth
in Paragraph 10 of this Agreement, evidencing that the City is
receiving marketable title in accordance with the Title Standards
adopted by The Florida Bar, and insuring the City's title to both
of the parcels of real property without any exceptions thereto.
The Dedicator hereby warrants and covenants that it shall, at its
expense, clear any liens, encumbrances or title defects that
exist ~ith respect to parcels of real property identified on
Exhibits "A", "B" and "C" which would otherwise render the title
to such parcels unmarketable in any respect. The Dedicator
warrants and covenants that there is ingress and egress to both
of the parcels of real property identified on Exhibits "A", "B"
and "C". Therefore, there shall be no liens, encumbrances or
title defects with respect to the parcels of real property
identified on Exhibits "A", "B" and "C" attached hereto which are
being conveyed by the Dedicator to the City.
After the acceptance of this Agreement by the City Council
of the City, the City shall have the option to, at its expense,
obtain surveys of each of the parcels of real property identified
on Exhibits "A", "B" and "C" attached hereto prepared by a
registered Florida land surveyor and certified in favor of the
City and the title insurance company issuing the owners title
Insurance policy in favor of the City with respect to each of the
aforementioned parcels of real property.
'Real estate (ad valorem) taxes shall be prorated through
the day before the date this Agreement is accepted by the City
~ HARBOR Orrv J~
8~ 505
.L~OURr~E, ~ 32901
407) 984.3300
~X (407) 951-3741
Council of the City.
9. Execution of Warranty Deeds. Contemporaneously
with the execution of this Agreement by the Dedicator, all of the
general partners of the Dedicator shall each sign the Warranty
Deeds identified on Exhibits "A" "B" and "C" attached hereto in
,
the presence of two witnesses and a notary public, and shall have
the witnesses sign the deeds as witnesses in the places provided
on the~deeds and the notary public date and notarize each of the
deeds. The fully executed Warranty Deeds shall then be presented
to the city manager for the City along with an executed
counterpart of this Agreement for presentment to the City
Council. If the City Council does not resolve to approve
entering into this Agreement within the time period provided for
in Paragraph 1, the city manager shall return the executed
Warranty Deeds to the Dedicator. Provided, however, that if the
City Council shall duly approve entering into this Agreement
within the time period provided for in Paragraph 1, then the city
manager shall, through the appropriate charter officers of the
City, cause the original signed Warranty Deeds to be recorded in
the public records of Indian River County, Florida. The city
shall pay all recording costs and Florida Documentary Stamps
required to be affixed to the Warranty Deeds identified on
Exhibits "A" "B" and "C"
, ·
10. Representation of Fair Market Value.
a. The Dedicator hereby represents that the fair
market value of the parcel of real property identified on Exhibit
9
Surr~ 505
,~oum~. l~L 32901
407) 984-3300
~ (407) 951-3741
"A" attached hereto is $ At the request of the
City, the Dedicator, through at least one of its general
partners, shall sign Florida Department of Revenue Form DR-219,
Return For Transfers of Interest in Florida Real Property,
setting forth the fair market value of the parcel of real
property identified on Exhibit "A" attached hereto as having such
fair market value, and indicating that the transfer is a
charitable donation to the City.
b. The Dedicator hereby represents that the fair
market value of the parcel of real property identified on Exhibit
"B" attached hereto is $ The Dedicator, through at
least one of its general partners, shall sign Florida Department
of Revenue Form DR-219, Return For Transfers of Interest in
Florida Real Property, setting forth the fair market value of the
parcel of real property identified on Exhibit "B" attached hereto
as having such fair market value, and indicating that the
transfer is a charitable donation to the City.
c. The Dedicator hereby represents that the fair
market value of the parcel of real property identified on Exhibit
"C" attached hereto is $ . The Dedicator, through at
least one of its general partners, shall sign Florida Department
of Revenue Form DR-219, Return For Transfers of interest in
Florida Real Property, setting forth the fair market value of the
parcel of real property identified on Exhibit "C" attached hereto
as ha~ing such fair market value, and indicating that the
transfer is a charitable donation to the city.
10
~, l~m~oR Crr~ r~LV~
SVZ?r 505
.,m~Um~. FL 32~01
!407) ~84-3300
~X (407) 951-3741
11. ~. Ail notices or communications required or
permitted hereunder shall be in writing and shall be deemed to
be delivered when personally served upon the person to receive it
or three (3) days after deposited in the united States Mail,
postage prepaid, registered or certified mail, return receipt
requested, addressed to the parties at the following addresses or
at such other address as may have been heretofore specified by
writte~ notice delivered in accordance thereof:
~ Robert S. McClary, City Manager
City of Sebastian
Post Office Box 780127
Sebastian, Florida 32978
With CoDY to:
Charles Ian Nash, City Attorney
FRESE, FALLACE, NASH & TORPY, P.A.
930 S. Harbor City Blvd., Ste. 505
Melbourne, FL 32901
To Sebastian General Partnerships. B.F.T.i
Sebastian General Partnership, B.F.T.
Attn: Henry A. Fischer,
General Partner
10725 U.S. Highway 1
Sebastian, Florida 32958,
12. Entirg...and Sgle Agreement. Except as specifically
stated herein, this Agreement and Exhibits "A", "B" and "C"
referenced herein constitute the entire agreement between the
parties and supercedes all agreements, representations,
warranties, statements, promises and understandings not
specifically set forth in this Agreement or in the documents
delivered in connection herewith. Neither party has in any way
relief, nor shall in any way rely, upon any oral or written
11
Sorrz 505
· ~07) 984-3300
X (407) 951-3741
agreements, representations, warranties, statements, promises or
understandings not specifically set forth in this Agreement or in
such documents.
13. Counterparts. This Agreement may be executed
simultaneously in two or more counterparts, each of which shall
be an original, but all of which together shall constitute one
and the same instrument.
14~ ~9_n_~. Neither this 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 enforcement of the change, waiver, discharge or termination
is sought.
15. ~eadinqs. The headings in this Agreement are for
purposes of reference only and shall not limit or otherwise
affect the meaning hereof.
16. Miscellaneous. The City shall make available to the
Dedicator at no charge any land materials that are excavated from
the real property that is the subject of this Agreement at the
time the improvements are made to the parcels of real property
that are in excess of the land materials needed for such
improvements at the site of the real property, including for
drainage improvements, road base, building pads, parking lot pads
and driveway pads.
IN WITNESS WHEREOF, the parties hereto have caused this
Dedication Agreement to be executed in their names, by their
officers/partners thereunto duly authorized on the day and year
12
Sv~?z 505
~OURNZ. l~L 32~01
(407) 984-3300
~X (407) 951-3741
set forth in the notary clauses below.
CITY OF SEBASTIAN
:ATTEST:
By.
Richard B. Votapka, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
(City ~eal)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
SEBASTIAN GENERAL PARTNERSHIP,
B.F.T. a Florida General
Partnership
By:
John Bargas, General Partner
By:
Henry A. Fischer, General Partner
13
LT~f'OR~¥~ AT ~w
Surrz 505
u~ouar~g. IVL 32~01
(407) 984.3300
~,X (407) 951-3741
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared RICHARD B. VOTAPKA and
KATHRYN M. O'HALLORAN, personally known to me to be the Mayor and
City Clerk, respectively of the City of Sebastian, Florida, a
Florida municipal corporation, and that they severally
acknowledged before me that they executed the foregoing Agreement
for the purposes therein expressed, under authority duly vested
in them by said municipal body, and that seal affixed thereto is
the true corporate seal of the City of Sebastian, Florida.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal at Sebastian, Indian River County,
Florida, this day of , 1990.
NOTARY PUBLIC,
State of Florida at Large
My Commission Expires:
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared JOHN BARGAS personally known
to me to be a General Partner of the Sebastian General
Partnership, B.F.T. a Florida General Partnership and that he
acknowledged before me that he executed the foregoing Agreement
for the purposes therein expressed, under authority duly vested
in him by said partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal at Sebastian, Indian River County,
Florida, this day of ..... , 1990.
NOTARY PUBLIC,
State of Florida at Large
My Commission Expires:
14
) S. I-L~moa CrrY Buv~
Svrr~ 505
~v~, IOL 32901
(407) 9~4-3300
~AX (407) 951-3741
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared HENRY A. FISCHER personally
known to me to be a General Partner of the Sebastian General
Partnership, B.F.T. a Florida General Partnership and that he
acknowledged before me that he executed the foregoing Agreement
for the purposes therein expressed, under authority duly vested
in him by said partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixe~ my official seal at Sebastian, Indian River County,
Florida, this ~ day of , 1990.
NOTARY PUBLIC,
State of Florida at Large
My Commission Expires:
15
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Unit 17 SH
Street & Drainage Improvements
Approved For Submittal By:
City Manager
) Agenda NO.
)
) Dept. Origin: city Manager
Date Submitted 02/.08~90
For Agenda Of ~
Exhibits: City Manager Memo
Dated 1/31/90
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMM~.Y STATEMENT
At the City Council Workshop Meeting of February 7, 1990 the City
Council reviewed a proposed street and drainage acceptance procedure
for improvements in Unit 17 Sebastian Highlands. Representatives of
General Development (GDC) were present at this meeting. The city
Council directed the city Manager to meet with GDC officials to
respond to City Council questions of Stratton Avenue right-of-way,
public service tracts, Barber Street Sports Complex building lots and
GDC owned property to the south of the Barber Street Sports Complex.
At this writing that meeting has not yet occurred. However, the city
Manager plans to present a report to the City Council at its Regular
Meeting of February 14, 1990.
RECOMMENDED ACTION
The city Council should review the street and drainage acceptance
procedure and report from the City Manager regarding other matters.
Following that review, the City Council may wish to agree to an
acceptable procedure whereby the City would accept certain street and
drainage improvements in Unit 17, Sebastian Highlands for perpetual
maintenance.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 58~5330
FAX 407-589-5570
DATE:
TO:
FROM:
RE:
MEMORANDUM
January 31, 1990
Richard B. Votapka, /;Mayor &
Robert S. McClary
Sebastian City Council
Street and Drainage Improvements S.H. 17
On January 29, 1990, City Engineer Dave Fisher and I met with
General Development Corporation ("GDC") officials to discuss
acceptance procedures for certain improvements in Sebastian
Highlands Units 16 and 17. Representing GDC were Jack O'Neal,
Ralph (Cap) Cain, George Kulczycki, and Roger Norton.
BACKGROUND
In 1988, GDC completed a portion of Unit 17 which is situated
generally to the east of Pelican Island Elementary School. The
improvements constructed by GDC were inspected by a full-time
City Inspector (through Randy Mosby's office) who was reimbursed
by GDC. GDC has informed me they had agreed to an acceptance
procedure with former Mayor L. Gene Harris whereby the City would
accept maintenace of the streets and drainage facilities in this
section of Unit 17 upon certification of the improvements by GDC
engineers and inspection and certification by the City Engineer.
Subsequently, GDC officials requested the City to accept
maintenance responsibility on these improvements. Upon reviewing
the 1979 agreement and other related documents, it is my position
that:
The City is not required to accept any street or
drainage facilities in Units 16 and 17 until all
street and drainage facilities are complete and
constructed to the standards mandated by the
1979 agreement.
GDC is responsible for the maintenance of all streets
and drainage facilities in Units 16 and 17 until
accepted by the Sebastian City Council by Resolution.
The City is not required to accept any improvement
unless it is constructed to the standards established in
Paragraph 14 of the 1979 agreement.
Major drainage canals which will have bulkheads,
including Collier Creek, Elcam Waterway and Schumann
W~terway, are governed by Paragraph 15 of the 1979
agreement, and they are, therefore, excluded from this
proposal.
Acceptance of bridge improvements are excluded from the
1979 agreement and, consequently, are excluded from this
proposal.
The existing condition of streets in the portion of Unit
17 south of Barber Street in the area of Nebraska,
Filbert and Hinchman is very poor. The streets in this
section will virtually need to be reconstructed. The
condition of the streets in the balance of Unit 17 --
situated on both sides of Schumann and located south of
Englar and north of Barber -- need to be brought up to
standards.
The condition of drainage structures in Unit 17 has not
been assessed and is unknown.
The streets and drainage structures within the most
recently completed section of Unit 17 (to the east of
Pelican Island Elementary School) are acceptable.
GDC is not asking for acceptance of Unit 16 improvements
at this time.
RECOMMENDATIONS
As a result of our January 29, 1990 conference with GDC officials
I recommend the following:
The City accept for perpetual maintenance all street and
drainage facilities constructed to date in Unit 17,
Sebastian Highlands, with the conditions outlined herein.
The City is expressly not waiving any rights pursuant to
the 1979 agreement by accepting these facilities at this
time.
2
GDC engineers and the City Engineer will inspect the streets
and drainage facilities constructed in Unit 17 and
develop a scope of work and punch list of items
necessary to bring all street and drainage facilities up
to the standard required by the 1979 contract. This
assessment may require the use of consulting engineers,
surveyors and a testing laboratory. Any outside expense
will be reimbursed by GDC.
GDC will commence construction activities pursuant to
the scope of work and punch list. The City will inspect
work in progress with the inspection expense reimbursed
by GDC.
Upon completion of the reconstruction, GDC engineers
will provide as-built plans certifying the street and
drainage improvements were constructed to the standards
established in the 1979 agreement.
The City Engineer would then review the construction
standards of the improvements with this expense, if any,
to be reimbursed by GDC. We anticipate the inspection
of existing conditions, development of a scope of work,
construction inspection, and final review of as-builts
may be performed by a consulting engineer.
The City Council would accept the streets and drainage
facilities by Resolution.
GDC will remain responsible for the maintenance of all
streets and drainage facilities described in the
Resolution for a period of one (1) year after the date
of adoption of the Resolution.
EXCEPTIONS - OTHER ISSUES
This acceptance procedure is conditioned upon the
ratification by the City Council, since by Charter
acceptance of subdivision improvments rests exclusively
with the City Council.
Any major drainage structures which include bulkheads
including portions of the Elcam Waterway, and Schumann
Waterway, within Unit 17 are excluded from this
procedure and are otherwise governed by Paragraph 15 of
the 1979 agreement.
Any bridge or culvert structure under Schumann Drive for
the Elcam Waterway or Schumann Waterway is excepted from
this acceptance procedure.
3
This acceptance procedure does not include dedication of
certain public service tracts including the following:
"Park" Tracts A, H, K, I, M, N, O, Q, R and S.
This procedure does not address the Barber Street-
Stratton Avenue link to U. S. 1 and the lack of adequate
right-of-way.
CONCLUSION
This acceptance procedure is to be discussed at the City Council
Workshop Meeting of February 7, 1990. We have invited GDC
representatives to be present. Additionally, I attach
photocopies of correspondence regarding this matter.
LR
Enc.
4
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-533O
FAX 407-589-5570
SUBJECT:
STREET IMPROVEMENT P~DGRAM
Approved For Submittal~
David Fishe
City Manager ~ ---~
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Exhibits:
Eng.i. neer. in9
2-7,.90
2-14,90
- Memo from David Fisher, dated
2-8-90
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Their being additional funds in the County Option Gas
Tax budget, we are submitting additional streets for the overlay
program. Estimated costs include 10% contingency.
RECOMMENDED ACTION
Accept and approve expenditure for additional street overlays
funding permitting as recommended by staff.
City of Sebastian
POST OFFICE BOX 780127 ¢3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
RE:
8 February 1990
Robert S. McClary, City Manager
Dave Fisher, Engineering / Public W~
STREET IMPROVEMENT PROGRAM
REQUEST FOR AUTHORIZATION
TO OVERLAY ADDITIONAL STREETS
Following is a list of additional streets we have selected as
appropriate for asphalt overlay at this time, funding
permitting. Estimated costs include 10% contingency.
We will await authorization by City Council before proceeding
further.
STREET LENGTH WIDTH EST. COST
(LF) (LF) ($)
. Periwinkle
. Joy Haven to N. Barber
. Layport
. Fleming to N. Barber
· Keen Terrace
· Wimbrow to Delmonte
. Harp Terrace
. Wimbrow to Delmonte
. Delmonte
. Wimbrow to Easy
4100' 24' $ 32,700
2750' 20' 18,300
1200' 18' 8,700
1500' 18' 10,900
1750' 19' 13,400
TOTALS 11,300 LF = 2.14 MI: $ 84,0~.0
City of Sebastian
POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
Fiscal Year '90 Budget Amendment 2
Approved For Submittal By:
City Manager
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda Of
)
) Exhibits:
)
)
)
6]b. oSk
City Manager
2-8-90
2-14-90
Resolution R-90-09
Budget Amendment
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The fiscal year '90 Budget requires amendment to provide additional
money to cover the cost of the F.O.P contract and reclassifications of certain
employees. The expenditures of the Capital Projects needs to be increased to
cover the unforeseen costs of finding asbestos in the City Hall renovation.
The revenue of the Capital Projects Fund are adequate to cover the additonal
cost.
RECOMMENDED ACTION
Move to adopt Resolution R-90-09 thereby increasing the General Fund
Budget by $27,740 and the Capital Projects Expenditures by $6,500.
o,odL
RESOLUTION NO. R-90-09
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO AN AMENDMENT TO THE
FISCAL YEAR 1989/1990 BUDGET; PROVIDING FOR CHANGES TO
THE GENERAL FUND AND CAPITAL PROJECTS FUND; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian enacted
Resolution No. R-89-46 on September 20, 1989 adopting the annual
budget of the City for the Fiscal Year beginning October 1, 1989
and ending September 30, 1990; and
WHEREAS, the City Council of the City of Sebastian adopted
Resolution No. R-89-67 on January 3, 1990, which amended the
budget of the City for the Fiscal Year beginning October 1, 1989
and ending September 30, 1990; and
WHEREAS, the City Council has determined that certain
amendments to the annual budget are necessary in order to promote
the general health, safety, and welfare of the citizens of the
City of Sebastian.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. BUDGET AMENDMENT. The Finance Director is
hereby authorized and directed to make the budget amendments to
the General Fund and Capital Projects Fund as further described
in Exhibit "A" to this Resolution, and incorporated herein. The
Finance Director is further authorized and directed to allocate
additional revenue to such funds as further described in Exhibit
SECTION 2. CONFLICT. Those provisions of Resolution No.
R-89-46 and Resolution No.R-89-67 which are in conflict with the
provisions of Exhibit "A" to this Resolution are hereby repealed.
The remaining provisions of Resolution No. R-89-46 and Resolution
No. R-89-67 shall not be affected by the enactment of this
Resolution. Ail other resolutions or parts of resolutions in
conflict herewith are hereby repealed.
SECTION 3. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by
Councilman
Councilman
vote was as follows:
The motion was seconded by
and, upon being put to a vote, the
Mayor Richard B. Votapka
Vice Mayor Robert McCarthy
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
Councilman Robert L. McCollum
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1990.
CITY OF SEBASTIAN, FLORIDA
By:
Richard B. Votapka, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
2
BUDGET AMENDMENT - FISCAL YEAR
NUMBER 2
GENERAL. FUND
REVENUE
REVENUE PER AMENDED BUDGET
REVENUE PER BUDGET AMENDMEhlT 2
TOTAL
~¢..3,28? ~ 760
2? ~ ?40
$3 ~3].5 ~.500
E X PEND I TURES
EXPENDITURES PER AMENDED BUDGET
EXPENDITURES PER BUDGET AMENDMENT 2
287 , 760
2-2-' ~ 740
TOTAL.
:~3,31 5 ,,
CAPITAL PROJECTS
REVENUES
REVENUE PER AMENDED BUDGET
TOTAL.
EXPEND I ]'URES
EXPENDITLJRES PER AMENDED BUDGET
EXPENDITURES PER BUDGET AMENDMENT 2
TOTAL
890 ~ 100
890,1 O0
S 863,500
6 ~500
870,000
BUDGET AMENDMENT - FISCAL YEAR .1.990
L...INE ITEM DETAIL. OF CHANGES
GENERAL FUND
REVENUE
UNAPPROPRIATED FUND BALANCE
TOTAL REVENUE
EXF°ENDITURES
RECLASSIFICATIONS BY DEPARTMENT
COMMUNITY DEVELOPMENT
CLERICAL ii TO ADM!N. SEC.
CLERICAL I TO CLERICAL II
$ 27,740
*. 27 ~740
880
780
POI._I CE DEF'ARTMENT
COr, IM,, TECH FROM F'.]". TO F.T.
8 ~ (]60
F'UBLIC WORKS DEPARTMENT
ADMIN. SEC. TO ADMIN.ASST
MWi TO MWI! (SIGN SHOP
MWII TO MWIII (F'ARKS)
TOTAL RECL. ASSIFICATiON
PERSONNEL COSTS DUE TO
FOP CONTRACT
310
300
300
630
17 ~ 1 II.',')
TOTAL EXF'E:NDITURES
$ 27,740
CAF'ITAL. PROJECTS FUND
E X F'END i TURES
RENOVATION CIT'f HALL
TOTAL, EXPENDITURES
:~': 6 .; 500
4-': 6 ,, 50 ()
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 329?8
TELEPHONE (407) 589-S330
FAX 407-589-5570
SUBJECT:
TIME EXTENSION FOR SAND LAKE PARK
Approved For Submittal By:
City Manager ~ ~
Agenda No. .07t
Dept. Origin Dept. of Ccrmun/~ ~op~ent..~
(BC)
Date Submitted
For Agenda Of
Exhibits:
1/19/9o
2/14~.9.0
Letter from Mr. H. Fischer
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City Council approved the preliminary plat for Sand Lake Park on March 23,
1988. The actual construction of the subdivision is active and is approximately
90% completed. Since the subdivision regulations have not been amended from the
original date of approval and the preliminary plat meets the current Land
Development Code, I would recommend a twelve (12) month extension be granted.
RECOMMENDED ACTION
Move to grant a twelve (12) month extension for the preliminary plat for Sand
Lake Park.
Hcru i chcr Sorm, Inc.
Land Clearing · Top Quality Fill
P. O. Box 780068
Sebastian, Florida 32978-0068
(407) 589-3159
January 3, 1990
Mr. Robb McClary
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978-0127
RE: Extension of Site Plan - Sand Lake Trailer Park
Dear Robb:
This letter is to request an extension of the site plan
for Sand Lake Trailer Park, a 50 acre mobile home development.
The project is 90% complete at this time; we are
awaiting our water/sewer installation permit from the County.
HAF:sf
cc: File
Sincerely,
Henry A. Fischer
Developer
FRSSE. FA ACE, MASS
ATTORNEYS AT LAW
February 2, 1990
930 S. ~1~01~ CITY BLVD.
Su~?m 505
~LBOU~NE, ~LO~IDA 32901
(407) 984-3300
F~ (40~) 951-3741
Robert S. McClary, City Manager
city of Sebastian
P. O. Bo~ 780127
Sebastian, FL 32978
Re: Request for Reimbursement of Attorney's Fees/
George M. Metcalf
city of Sebastian
Our File No. 89-4827
Dear Robb:
Please be advised that I have received additional information
from former Councilman George Metcalf regarding the attorney fees
he incurred in connection with the various attempts to bring
civil and ethical charges against him and to pursue a recall
election relative to certain actions he took while serving as
city Councilman.
It is my opinion, at this time, that the amount of fees and costs
which former Councilman Metcalf incurred were reasonable and were
related to his efforts to defend himself against the various
civil and ethical charges and the recall petition. However, with
respect to the issue as to whether the city has a legal
obligation to reimburse former Councilman Metcalf for those legal
expenses and costs, it will need to be determined whether his
actions in the subject matter were within the scope of his duties
as a City Councilman and were conducted for a valid municipal
purpose. This type of decision should be considered by the City
Council as the finder of fact. If former Councilman Metcalf does
not concur with the findings of the city Council, he can always
proceed in an action against the City Council through the
judicial system.
I realize that this matter was discussed at a recent City Council
meeting, but I am not sure if the city Council made a specific
finding in this regard. You may wish to set this matter for
action by the City Council at its February 14, 1990, city Council
meeting as an agenda item. You may wish to give notice to former
Councilman George Metcalf of that agenda item and give him the
opportunity to be heard, to present evidence (including
witnesses) and to cross-examine any witnesses testifying on
Robert S. McClary, City Manager
February 2, 1990
Page 2
behalf of the City. Please note that I am not suggesting that
there is any due process hearing required in connection with this
decision, but City Council may wish to deliberate in such a
manner.
If you have any questions regarding this matter, please do not
hesitate to contact me.
Very tr~q~ yours,
FRES/~ FALLACE, NASH & TORPY, P.A.
CharSos lan Na~qh
City Attorney
CIN/slm
JAMES II. FALLACE
CHAIN~LES ~ ~AS~ $
VINCENT G. ~O~PY. J~.
I~RESE, I~ALLACE, NASH & TORPY, P.A.
ATTORNEYS AT ~W
930 S. ~OR CITY BLVD.
SU~E 505
~LBOU~NE. ~LO~DA 32901
(407) 984-3300
~ioN
February 2, 1990
Robert S. McC!ary, city Manager
city of Sebastian
P. O. Box 780127
Sebastian, FL 32978
Re:
Dorothy Doucet f/k/a Dorothy McKinley
Our File No. 89-4826
Dear Robb:
Enclosed with this letter please find a copy of my correspondence
to James T. Long, Esquire, dated February 2, 1990, for your
reference.
Charles Ian Nash
City Attorney
& TORPY, P.A.
CIN/slm
Encl.
I~I~ESE, i~ALLACE, NASH & To~PY, P.~
~R~ S. ~5EN
Feb~ 2, ~990
J~me~n~,
ro Beach, FL 32961-0426
/ Re: Re~est for Rei~ursement of ~gal Fees/
/ Dorothy DoUcet f/k/a Dorothy McKinley
City of Sebastian
Our File No. 89-4826
930 S. ~oa CI?Y Burp.
SUITE 505
M~,.~O~N~. i~ORXDA 32901
(40T) 984-8300
~ (40T) 9~1-8T41
Dear Mr. Long:
On January 2, 1990, I forwarded a letter to you concerning the
captioned matter, a copy of which is enclosed herewith for your
reference. I have not, however, received any response from you
in accordance with my request. Therefore, I can only conclude
that your client has decided not to further pursue this matter.
Very truly yours,
FRESE, FALLACE, NASH
~'1~/~ Ian Nash
City Attorney
& TORPY, P.A.
CIN/slm
~c: Robert S. McClary, City Manager
FRESh, i~AJ~LACE, NASH & TOK'r)Y, P.A.
ATTORNEYS AT LAW
James T. Long, Esquire
JAMES T. LONG, P.A.
Post office Box 426
Vero Beach, FL 32961-0426
January 2, 1990
930 $. ItA~soa Cz?Y B--vD.
SUITE 506
~LSOUKNE, ~LOI~IDA 32901
(407) 984-3300
~ (407) 951-3741
Re:
Request for Reimbursement of Legal Fees/
Dorothy Doucet f/k/a Dorothy McKinley
city of Sebastian
Our File No. 89-4826
Dear Mr. Long:
In response to your letter to Robert S. McClary, City Manager of
the City of Sebastian, dated December 12, 1989, please provide me
with the following documentation in support of the request of
your client, Dorothy Doucet, for reimbursement of attorney's fees
incurred to obtain the Preliminary Injunction in Case No. 84-277-
CA-17 before the Circuit Court of the Nineteenth Judicial Circuit
in and for Indian 'River County, Florida, in the matter of Dorothy
McKinley v. Deborah Kraq~s, City Clerk of Sebastian:
1. Itemized statements for professional services
indicating the date, amount of time and
description of all legal services rendered to Ms.
Doucet;
Evidence that payment was made by Ms. Doucet of
the attorney's fees charged; and,
Documentation or .statements indicating how the
matter was finally disposed of after the
Preliminary Injunction was granted in favor of
your client.
The aforementioned information and documentation is requested to
establish that your client is entitled to be reimbursed for'
reasonable a~=crney's fees incurred by her in accordance with the
¢-
James T. Long, Esquire
January 2, 1990
Page 2
criteria set forth in Attorney General Opinion 89-69, issued by
the Honorable Robert A. Butterworth, Florida Attorney General, on
October 6, 1989. ~
Thank you for your cooperation in this matter.
Very truly yours,
Ian Nash
City Attorney
TORPY, P.A.
CIN/slm
cc: Robert S. McClary, City Manager
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
SUBJECT:
February 8, 1990
Richard B. Votapka, Mayor & Sebastian City Council
Robert S. McClary ~~
Airport Compatibility Study
During the January 24th city Council meeting, i discussed a
request from Councilman Rondeau that he and the Airport's fixed
base operators be included in all meetings with Williams,
Hatfield & Stoner. I believed complying with his request would
be inappropriate, and I requested guidance from the Council.
I felt that compliance with Councilman Rondeau's request would
tend to alienate other interested parties, and, thereby, it had
the potential of jeopardizing the entire study. Second, it was
inconsistent with the terms of our Standstill Agreement with the
FAA. My understanding of the Council's direction was to ensure
the public is provided an opportunity for comment at an
advertised public hearing. (Attached you will find the draft
minutes from the meeting.)
On February 6th, Councilman Rondeau came to City Hall and re-
quested a status report on the airport study. Jo Anne Townsend
and I advised him a draft scope of services is expected the week
of February 12th. He was also advised that Jo Anne, Williams,
Hatfield & Stoner and I would be meeting with the FAA to review
the draft scope. Finally, he was advised the draft scope of
services would be presented to the Council on February 28th.
/.0o5
Re: Airport Compatibility Study
Page
Councilman Rondeau asked to be included in our preliminary
meeting with the FAA. He also asked that John Van Antwerp be in a
position to supervise the consultant's work. I explained to him
I still felt this was inappropriate due to provisions of the
Standstill Agreement. I intended to bring this to your attention
during last night's workshop meeting; however, time was limited.
Accordingly, I reiterate my position.
The June 12, 1989 Standstill Agreement with the FAA states; in
part ~
3) The sponsor of the study will be the City of
Sebastian, operating through its chief administrative
officer, the City Manager.
If it is the pleasure of the Council, I will negotiate with the
FAA to relinquish this assignment to Councilman Rondeau, John
Van Antwerp or anyone else. However, I believe that the
coordination of this study was placed with the City Manager to
ensure objectivity. Councilman Rondeau understandably, is
concerned that neither Jo Anne nor I have an aviation background
similar to his or Mr. Van Antwerp's. However, this study is a
community planning effort as reflected in paragraph 6 of the
Standstill Agreement:
6) The goal of the study will be to generate
recommendations on the future role of the airport and
how the airport should be modified or improved in order
to fulfill that role in a manner compatible with a) the
City's overall community planning objectives, b) federal
statutory objectives and responsibilities to adequately
meet the needs of civil aviation, and c) the terms of
the surplus property conveyance by which the City
acquired the airport. An essential premise of the study
will be that the airport's role and use must be
consistent with the overall goals and needs of the City
of Sebastian in a proper balance with such appropriate
federal objectives. Rather than fitting the City of
Sebastian to the Sebastian Municipal Airport or vice
versa, the study will attempt to identify ways to fit
the two together.
Further, the Agreement states:
8) The study will provide for significant opportunity
for input from the FAA, the airport users, the citizens
of the City of Sebastian, and the citizens of the
neighboring community of Roseland.
Re: Airport Compatibility Study
Page #3
In compliance with this provision, we plan to have ample oppor-
tunity for public input. However, to place an airport fixed base
operator in a supervisory role during plan development would
undermine the agreement and place clouds of credibility over the
report.
Therefore, I respectfully request the City Council address this
matter so that we might proceed.
/jmt
Regular City Council Meeting
January 24, 1990
Page Sixteen
The City Manager said that although staff is not on
schedule for the study as published, it is within the
guidelines of the standstill agreement with the FAA.
The City Manager also discussed a request'he had
received from Councilman Rondeau that Councilman
Rondeau and airport fixed based operators be included
in all meetings with Williams, Hatfield & Stoner.
The City Manager said inviting only certain parties
would alienate other interested parties and would not
comply with provisions of the standstill agreement.
Mayor Votapka said it should be the policy of Council
not to let the interest of a select few unduly
influence the work of the consultants, but at an
appropriate time during the schedule of progress
being made on the study an advertised public hearing
be held.
Councilman Oberbeck questioned whether the $1,000 per
month transferred from the airport enterprise fund to
the general fund for staff time spent on airport
related matters is sufficient.
Councilman Rondeau was excused from 9:35 p.m. to 9:36
p.m.
90.011
The City Manager reported that asbestos had been
discovered in the ceiling of the annex building being
renovated at City Hall and requested instruction from
Council as to whether to go out to bid for its
removal at a cost of approximately $13,000 to $16,000
or remove it later at a higher cost or seal the
ceiling for a total cost of approximately $6,400.
A memo had been submitted to Council this evening
from the Director of Community Development which
recommends going out to bid for removal.
Council concurred that staff put the project out to
bid now and Council review bids at the February 14,
1990 regular meeting.
The City Attorney said an abatement bond should be
required in the bid specifications.
MOTION by Rondeau/McCollum
move we adjourn.
VOICE VOTE on the motion carried 5-0.
16
DOCUMENT LIST
The following is a list of backup materials for each item in
the agenda packet and notation for those agenda items with no
backup.
2/14/90 Agenda
7. PUBLIC HEAR!NG~ FINAL ACTION
89.197
ORDINANCE NO. 0-89-28 - Fischer CLUP Amendment -
1.85 Acres
1. 0-89-28
89.197
ORDINANCE NO. 0-89-29 - Fischer Rezonin~ - 1.85
Acres
1. 0-89-29
89.032
ORDINANCE NO. 0-89-19 - Comprehensive Land Use
Plan
1. O-89-19
8. PUBLIC INPUT
A. ~enda items
90.045
Leonard Bassi, 5.7.3. Browning Terrace,
Sebastian - Building & Builder
(No Backup)
9. CONSENT AGENDA
Approval of Minutes - 1/24/90 ~ular Mgeting
1. 1/24/90 Minutes
(Council and Manager 0nly)
90.046
Italian/American Club - Charles Pullara - Request
fo___~r Community Center - 12/31/90 - A/B - SecurSty
on Hold - DOB 2/24/32
1. Application
90.047
Sebastian River Shrine Club - John ~ Z
Request for Community Center - 12/14/90 - A/B -
Security on Hold - DOB 1/7/22
1. Application
90.048
Treasure Coast Archeological Society - David
Simmons - Request for Community Center - 2/3/90 -
A/B - Security Paid - DOB 10/8/41
1. Application
90.049
90.050
90.051
90.011
89.228
88.193
88.193
89.019
10.
12.
E. RESOLUTION NO. R-90-07 - Abandonment of Easement
1. R-90-07
2. Application
3. Survey
4. Memo from Director of Community Development
dated 1/26/90
5. Memo from City Engineer dated 1/31/90
F. RESOLUTION NO. R-90-08 - Abandonment of Easement
1. R-90-08
2. Application
3. Survey
4. Memo from Chief Building Inspector
dated 1/30/90
5. Memo from City Engineer dated 2/1/90
Accept Resignation of John ~ from Code
Enforcement Board withRe~gret
1. City Manager Recommendation dated 1/23/90
2. Letter from Lindsey dated 1/16/90
Award Bid - Remove Asbestos from North Annex
Building - Environmental Resource Assoc. Inc. -
S6,495
1. Staff Recommendation dated 2/8/90
2. Bid Tabulation Form
Approve Personnel Re-Classification-
1. City Manager Recommendation dated 2/8/90
2. General Fund Summary
PRESENTATIONS
RESOLUTION NO. R-90-10 - Dedication Agreement
Between City and Sebastian General Partnership,
B.F.T. - Police Station Site
1. City Manager Recommendation dated 2/8/90
2. Letter from City Manager dated 2/8/90
3. R-90-10
4. Agreement
Review Police Department Station Reports -
Stottler, ~ (Roy Cowell)
Final Report and Plat of Survey Under Separate
Cover
OLD BUSINESS
ae
Approve Street & ~e Acceptance Procedures
Unit 17 S.H.
1. City Manager Recommendation dated 2/8/90
2. City Manager Memo dated 1/31/90
2
89.093
90.052
88.071
90.043
89.157
89.157
89.003
90.053
13.
NEW BUSINESS
A~Dprove Additional Street Improvements
1. Staff Recommendation dated 2/8/90
2. Memo from City Engineer dated 2/8/90
RESOLUTION NO. R-90-09 - ~ Amendment
1. City Manager Recommendation dated 2/8/90
2. R-90-09 w/ Exhibit A
Dr. ~ Fischer - Request for Extension of
Sand Lake Park Preli~.inary Plat
1. Staff Recommendation dated 1/19/90
2. Letter from Fischer dated 1/3/90
14. MAYOR'S MATTERS
A. Discuss GDU Water Fluoridation
(No Backup)
16. CITY ATTORNEY MATTERS
17.
Request for Reimbursement of Attorney's Fees -
George Metcalf
1. Letter from City Attorney dated 2/2/90
Request for Reimbursement of ~'s Fees -
Dorothy Doucet f/k/a Dorothy McKinley
1. Letter from City Attorney dated 2/2/90
2. Letter from City Attorney to Attorney Long
dated 2/2/90
3. Letter from City Attorney dated 1/2/90
CITY MANAGER MATTERS
Review ~ Manager Position on Airport Study
1. City Manager Memo dated 2/8/90
Appoint Special Legal Counsel - City of Sebastian
vs. Mercedes Homes, inc.
(No Backup)
3