HomeMy WebLinkAbout04241991 City of Sebastian
POST OFFICE BOX 780127 m SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
91.116
A G E N D A
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, APRIL 24, 1991 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Ron Barber, Community Baptist
Church, Roseland
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - Municipal Clerks Week - 5/5/91 -
5/11/91
7. PRESENTATIONS - None
90.211
91.066
91.015
PUBLIC HEARING, FINAL ACTION
ORDINANCE NO. O-91-03 - Mandatory Numbering of
Improved Properties
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE DISPLAY OF BUILDING
NUMBERS; AMENDING ARTICLE V OF THE LAND DEVELOPMENT CODE
TO ADD NEW SECTION 20A-5.46 PERTAINING TO THE DIMENSIONS
AND LOCATION OF BUILDING NUMBERS TO BE DISPLAYED;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION iN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 3/27/91, Advertised 4/10/91, PH 4/24/91)
ORDINANCE NO. 0-91-10 - Columbus Club
Comprehensive Land Use Plan Amendment - 2.65
Acres
1ST PUBLIC HEARING AND TRANSMITTAL TO DEPARTMENT OF
COMMUNITY AFFAIRS - PURSUANT TO F.S. 163.3184
(15)(b)l. "..THE INTENTION TO HOLD AND ADVERTISE A
SECOND PUBLIC HEARING SHALL BE ANNOUNCED AT THE FIRST
PUBLIC HEARING."
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 INDIAN RIVER
COUNTY MD-1 (MEDIUM DENSITY) DISTRICT TO CITY OF
SEBASTIAN INS (INSTITUTIONAL) DISTRICT FOR LAND
SITUATED IN THE NORTH CENTRAL AREA OF THE CITY,
APPROXIMATELY 2.65 ACRES MORE OR LESS, LOCATED ON
GIBSON STREET; PROVIDING FOR A COPY OF THE
DESIGNATION CHANGE TO THE COMPREHENSIVE LAND USE PLAN
MAP TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 3/27/91, Advertised
4/15/91, 1st PH 4/24/91)
Collier Place PUD Conceptual Plan Termination -
Pursuant to Section 20A-4.9.E.3.(i) (Staff
Recommendation dated 4/18/91)
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91.117
91.118
90.290
91.118
10.
11.
12.
13.
14.
15.
16.
PUBLIC INPUT
A. Non-Agenda Items - None
B. Agenda Items
CONSENT AGENDA
A. Approval of Minutes - 4/10/91 Regular Meeting
COMMITTEE REPORTS/RECOMMENDATIONS
A. Board of Adjustment
1. Reappointment of James Husk - Three Year Term
to Expire 5/1/94 (Staff Recommendation dated
4/17/91, Husk Memo dated 3/19/91)
2. Appointment of Alan M. Shisgal as Alternate
Member - Three Year Term to Expire 5/1/94
(Staff Recommendation dated 4/17/91, Shisgal
Application, PD Memo dated 3/18/91)
OLD BUSINESS
A. GDC Bankruptcy Claim (City Manager Recommendation
dated 4/17/91, GDC Offer, Exhibit A, Exhibit C,
79 Agreement, 2/19/86 Palmer Opinion)
NEW BUSINESS
A. Airport FBO Minimum Standards (City Manager
Recommendation dated 4/18/91, Proposed Minimum
Standards)
MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
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17. CITY MANAGER MATTERS
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.)
4
ORDIN~NCE NO..* 0-91-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE
DISPLAY OF BUILDING NUMBERS~ AMENDING ARTICLE
V OF THE LAND DEVELOPMENT CODE TO ADD NEW
SECTION 20A-5.45 PERTAINING TO THE DIMENSIONS
AND LOCATION OF BUILDING NUMBERS TO BE
DISPLAYED~ PROVIDING FOR THE CITY OF SEBASTIAN
TO ASSIGN BUILDING NUMBERS~ PROVIDING FOR
PENALTIES~ PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~
PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN~
PROVIDING FOR SEVERABILITY~ AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the city staff
have both recommended to the City Council of the City of Sebastian,
Indian River County, Florida, that the Land Development Code be
amended to require building owners to display building numbers that
in a manner to make them visible to emergency personnel; and
WHEREAS, the proper display of building numbers will aid
emergency personnel in locating the scenes to where they need to
respond, thereby improving the provisions for the health, safety
and welfare of residents of the City of Sebastian and business
employees, owners and customers of businesses located in the City
of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Section 20A-5.46 of the Sebastian Land Development
Code is hereby created to provide as follows:
"Sec. 20.A-5.46. Display of building numbers.
(a) For purposes of this section, the term
"building" shall include any structure which
is designed for people to occupy or which is
designed for the storage of goods in connection
with a commercial, charitable, civic or
religious activity. The term"building" shall
be deemed to include a residence, a structure
used in connection with any business, and
including a warehouse, but shall not include
a residential garage or a residential accessory
building which is not used by any persons for
purposes of conducting a business or for
purposes of sleeping.
(b) All buildings shall have the assigned building
number displayed in a manner such that the
building number is visible from the public or
private street on which the building fronts,
regardless of whether mail is delivered to the
building. The building number to be displayed
pursuant to this section shall be the building
number assigned by the City, and no other
building number shall be displayed except in
accordance with the requirements of paragraph
(g) of this section.
(c) A certificate of occupancy will be not be
issued for a new building until the building
number has been displayed in accordance with
the provisions of this section.
(d) Ail existing buildings which are not in
compliance with the provisions of this section
shall be brought into compliance by the owner
of any such building within thirty (30) days
after the owner is provided with written notice
of non-compliance by the City.
(e) A building shall be considered in compliance
with the provisions of this section if the
following criteria has been met:
1. The building number is in Arabic numerals
which are clear and in good condition;
2. The material utilized for the number is
constructed of weather resistant material and
permanently affixed to the building or sign
upon which it is displayed;
3. The color and type of material which forms
the building number is such that the building
number is legible and reasonably identifiable
from the street or improved right-of-way upon
which the building fronts;
4. Residential buildings shall have the
building number that is at least four (4)
inches in height;
5. Commercial and industrial buildings shall
have its building number at least five (5)
inches in height;
6. Ail buildings which have free standing
signs on the same lot or parcel of land where
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the building is located shall display their
building number on the top center of such sign
and, if the sign is illuminated the building
numbers shall also be illuminated.
(f) In addition to the criteria set forth in
paragraph (e) of this section, if the owner of a
parcel of a lot or tract of real property which has
only one street address has more than one building
located on that lot or tract or real property, then
each building shall have a unit number assigned to
it and the unit number shall be displayed in a
manner that allows it to be observed from the street
or improved road right-of-way upon which each such
building fronts and in close proximity to the main
entrance to each such building.
(g) If a building, which has a single street
address, has more than one residential unit,
commercial unit or industrial unit, each such unit
shall be assigned a separate number and each
separate unit shall display its own unit number on
or directly next to its main entrance for that unit.
Each unit number shall be not less than five (5)
inches in height. The requirements of this
paragraph are in addition to the requirements set
forth in paragraph (e) of this section.
(h) Any person who violates any of the provisions
of this section shall be punished as provided in
section 1-10 of the Code of Ordinances of the City
4
of Sebastian."
Section 2. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 3. CODIFICATION. It is the intention of the
City Council of the City of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
Ordinance shall become and be made a part of the Land
Development Code of the City of Sebastian, Florida; that the
sections of this Ordinance may be renumbered or relettered to
accomplish such intention; and the word "Ordinance" may be
changed to "Section," "Article" or other appropriate
designations.
Section 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part
of this Ordinance is invalid or unconstitutional, the
remainder of the Ordinance shall not be affected and it shall
be presumed that the City Council of the City of Sebastian did
not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that the City Council
would have enacted the remainder of this Ordinance without
said invalid and unconstitutional provision, thereby causing
said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by
Councilman . The motion was
seconded by Councilman and, upon
being put into a vote, the vote was as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman--.
Councilman Lonnie R. Powell
Councilman3~
The Mayor thereupon declared this Ordinance duly passed
and adopted this day of , 1991.
CITY OF SEBASTIAN, FLORIDA·
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hearing was held
on this ordinance at 7:00 p.m. on the day of ,
1991, and that following said public hearing this Ordinance
was passed by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
6
ORDINANCE NO.: 0-91-10
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 INDIAN RIVER COUNTY MD-1 (MEDIUM
DENSITY) DISTRICT TO CITY OF SEBASTIAN INS
(INSTITUTIONAL) DISTRICT FOR LAND SITUATED IN THE NORTH
CENTRAL AREA OF THE CITY, APPROXIMATELY 2.65 ACRES MORE
OR LESS, LOCATED ON GIBSON STREET; PROVIDING FOR A COPY
OF THE DESIGNATION CHANGE TO THE COMPREHENSIVE LAND USE
PLAN MAP TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, COLUMBUS CLUB OF SEBASTIAN, INC., the owner of the
parcel of real property described herein has applied to the City
of Sebastian for an amendment to the current land use
designation; and
WHEREAS, on February 7, 1991, the Planning and Zoning
Commission conducted a public hearing on the requested amendment
to the Comprehensive Land Use Plan amendment and has submitted a
recommendation in favor of the proposed change of the
Comprehensive Land Use Plan to the City Council; and
WHEREAS, the City Council has provided notice of the
proposed change to the existing Comprehensive Land Use Plan and
conducted a public hearing to receive citizen input; and
WHEREAS, the City Council has considered the provisions of
the existing Comprehensive Land Use Plan together with the
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 the Comprehensive Land Use Plan is consistent with the
1
future development of the area where the subject property is
located.
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:
Lot 17 in Section 30, all according to
Berry's Subdivision of the Carter Survey of
the Fleming Grant, Township 30 South, Range
38 East, Less and except the South 320 feet
and Less and except for private and public
roadways the Northwest 20 feet from said Lot
17, in Section 30; also the Northeast 20 feet
from said Lot 17 in Section 30. Said land
lying and being in Indian River County,
Florida.
Section 2. DESIGNATION. That the Comprehensive Land
Use Plan Map shall be amended to reflect a designation of INS
(Institutional) for the real property that is the subject of this
Ordinance.
Section 3. NOTIFICATION. That the City Clerk shall
send a certified copy of this Comprehensive Land Use Plan Map
designation change to the Florida Department of Community
Affairs.
Section 4. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 5. 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 shall be presumed that
the City Council of the City of Sebastian did not intend to enact
2
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 6. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
The foreGoinG Ordinance was moved for adoption by
Councilman
by Councilman
vote, the vote was as follows:
. The motion was seconded
and, upon beinG put to a
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman GeorGe G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1991.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of'public hear±ng on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that %he first public hearing was held
on this Ordinance at 7:00 p.m. on the day of
1991, that a second public hearing was held on this Ordinance at
7:00 p.m. on the day of , 1991, and that following
the 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
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
SUBJECT:
COLLIER PLACE P.U.D. TIME
EXTENSION
Approved For Submittal By:
City Manager /~'~ ~
Agenda No.
Dept. Origin Community Develop~en~
(BC~
Date Submitted 4/18/91
For Agenda Of 4/24/91
Exhibits:
Letter from Charlie Nash dated
3/13/91
Certificate of Sale
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On June 14, 1989, the city Council adopted Ordinance 0-89-08, which
approved the Conceptual Development Plan for Collier Place Planned Unit
Development. The Land Development Code requires the applicant to submit a
Preliminary Development Plan within 18 months from approval of the
Conceptual Development Plan. At the City Council's regular meeting of
December 12, 1990, the new owners at that time, Mr. Edgar Schlitt and
Erwin Berlin requested a time extension of the Conceptual Development Plan
for the P.U.D. After reviewing the request, the City Council directed the
City Attorney to draft an ordinance to grant a time extension for the
Collier Place Planned Unit Development, provided, there was wording within
the ordinance concerning the upcoming new airport zoning law. After two
months working with the applicant's attorney, Mr. Charlie Nash received a
Certificate of Sale from the applicant's attorney indicating that Mr.
Schlitt and Mr. Berlin no longer have ownership interest in the property.
Since the Conceptual Development Plan for Collier Place P.U.D. has expired
and there is no formal request by the current owner to show good cause to
extend the Conceptua! Plan, staff recommended to the City Council to
terminate the Conceptual Development Plan pursuant to Section 20A-4.9 (E)
(i) of the Land Development Code. At its regular workshop meeting of
April 3, 1991, the City Council approved a motion to hold a public hearing
in order to terminate the Conceptual Development Plan.
RECOMMENDED ACTION
Move to terminate the Conceptual Development Plan for Collier Place
Planned Unit Development.
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
SUBJECT:
REAPPOINTMENT OF BOARD OF
ADJUSTMENT MEMBER JAMES HUSK
Approved For Submittal By:
City Manager ,, z~_~~
Agenda No.
¢/.//?
Dept. Origin Community Development
(BC)~
Date Submitted 4/17/91
For Agenda Of
4/24/91
Exhibits:
Memo from James Husk dated 3/19/91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At the Board of Adjustment meeting of March 19, 1991, a motion was
approved to recommend to City Council the reappointment of James Husk to
an additional three-year term expiring 5/94. (Present term to expire
5/91.)
RECOMMENDED ACTION
Move to approve the reappointment of James Husk to the Board of Adjustment
for an additional three-year term which will expire 5/94.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
TO:
FROM:
DATE:
Board of Adjustment
City of Sebastian
James K. Husk, Member
Board of Adjustment
March 19, 1991
SUBJECT: Reappointment to Board of Adjustment
I wish to be reappointed to the Board of Adjustment for an
additional three-year term. I have served on this Board
since May 3, 1988, as an alternate, and was appointed to fill
the remaining term of Louis Priore on November 14, 1990. My
present term is to expire May of 1991.
JH:jk
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: APPOINTMENT OF ALAN M.
SHISGAL AS ALTERNATE MEMBER TO
BOARD OF ADJUSTMENT
Approved For Submittal By:
City Manager ~
Agenda No.
Dept. Origin Community Development
Date Submitted 4/17/91
For Agenda Of 4/24/91
Exhibits:
Application for Alan Shisgal
Memo dated 3/18/91 from Police
Department
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At the Board of Adjustment meeting of April 9, 1991, following an
interview, a motion was approved to recommend to City Council the
appointment of Alan M. Shisgal to the alternate position on the Board of
Adjustment for a three-year term.
RECOMMENDED ACTION
Move to approve the appointment of Alan M. Shisgal to the alternate
position on the Board of Adjustment for a three-year term which will
expire 5/94.
CITY OF SEBASTIAN
~ %~_"-~ ~%~~ APPLICATIO~N T__~O SERVE ON CITY BOARD'
3. HO~ T~LSPHONS: ~ ~ ~g~9
BUSINESS ADDRESS: '~OO ~1~OL~( /77~ ~'~.
BUSINESS TELEPHONE:
SOCIAL SECURITY NUMBER:
8. DRIVERS LICENSE NUMBER: ~gO ~ ~ % 6~
9. RESUME OF EDUCATION AND EXPERIENCE: H]E6~{ gc.~oo[, ~NZP~C)u~,v%
~,~ ....... G~OP~SZT~ O~ P~~ ~o~c~ ~~ ), ~/o
(use additional sheets if necessary or submit resume if available)
Voter registration no. ~ O~ Z~ ~
Are you a resident of the City?
Length of Residency
Do you hold a public office?
Do you serve on a City Board at present?
10.
11.
12.
13.
14.
Yes ~o
¥'es No /
~es No ~
15.
PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON:
*BOARD OF ADJUSTMENT X CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD
PARKS AND RECREATION
*PLANNING AND ZONING
HANDICAPPED COMMITTEE
16. What qualifications do you have to serve on this board?
17. Have you ever been convicted of any felony or any ~, ' ~ .
misdemeanor involving moral turpitude in thisor any
Yes No
- -:
one(s) you s-l-ct.d .bore? Y.~
I hor~B~ e~r~tf~ ~ha~ I a~ qualtft,d to hold ~h~
~hteh tht~ application ts m~do. Further, I h~roB~ 8u~hor~zo ~ho
information which I ha~ pro~tdod in ~ht~ ,ppltea~ton.
understand ~ha~ an7 ~t,ropr~n~,~ton or omission of Information
requested tn this application is cause for disqualification or
removal.
I understand that the City Council of %he City of SEBASTIAN may
suspend or remove from office any municipal board m6mber for
malfeasance, mtsfeasance;.~negledted~duty; hebit~el 'drunkenness.;-
incompetence, or permanent inability %o perform his official
duties. Further, I understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is
indicated or informed against for the commission of any felony or
misdemeanor. ~
I hereby authorize the Sebastian Police Department to run an
active warrant check on me.
Applicant Signature
SWORN TO AND SUBSCRIBED before me this ~ day of
\ws-form\board.app
2
SEBASTIAN
POLICE
DEPARTMENT
Earle L. Petty, Chiel of Police
Post Office Box 78012?
Sebastian. FL 32978-0127
(407) 589-5233
MEMORANDUM
DAlE : tg~/~///?/
FRm : Investl0ator /Z
SUBJECT : Want~arrant Check - Applicant ~~
A check for wants/wa[[ants for the above [efe[enced apuIlcant/boa[d
men6e[ [eveal that:
(~o active want o[ war[ant ~o[.subject ]s on file.
( ) An active wa[[ant o[ want does exist and [ol]ow up wlll occur.
Inv~StiO. a4~or ......
Sebastl~ln Police Department
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: GDC Bankruptcy Claim )
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City Manager ~i )
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Agenda No. ~/~. ~_~3
Dept. of Origin: City Manager
Date Submitted: ~
Approved For Submittal By:
For Agenda Of: 04/24191
Exhibits:
- 3 Pages -GDC Offer -3 pages
- Exhibit "A" - Essential Contract
Elements - 2 pages
- Exhibit "C" - 4 pages
- 1979 Agreement
- 2/19/86 Palmer Opinion
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On April 6, 1990, General Development Corporation ("GDC") filed
for protection under Chapter 11 of the Federal Bankruptcy Laws.
Since that date, GDC has failed to meet its obligations under
the terms of a contract with the City dated August 15, 1979. On
June 26, 1990, July 12, 1990, November 13, 1990, January 16,
1991, March 26, 1991, and again on April 9, 1991, I met with
officials of GDC to discuss a possible agreement between GDC and
the City. The effect of an agreement would be to relieve GDC of
its obligations under the terms of the 1979 agreement.
CITY OFFER
GDC had previously been furnished copies of my report to City
Council dated 1/29/91 regarding the bankruptcy and the City's
response.
_
GDC OFFER
At the March 26th meeting, GDC presented their view of the City's
claim. This was done on a page marked "Discussions Only" and
dated 3/14/91. GDC denied most of the City's claims totaling
$4,460,256 and provided their own estimate of liabilities
totaling $1,059,531. Although GDC presented this page for
discussion, no one present could detail the reductions since,
according to GDC officials present, it was prepared by GDC
officials who were not present. I agreed to review it and discuss
it in further detail at a subsequent meeting. At the April 9th
meeting, GDC presented, again for "Discussions Only" a
preliminary offer of various properties valued at $698,470.
Attached was a detailed description of tract numbers and
converted 'drainage lots. These two (2) pages are not dated, but
are enclosed for your review.
DEFICIENCIES iN GDC PROPOSAL
The negotiating session of April 9th began by my questions of the
GDC estimate of liabilities as presented on the page dated,
3/14/91. Again, the officials present could not give much detail
on their rationale for reducing much of the estimate, but the
following discussion is numbered in the same order as their page:
1. Unit 16 Street and Drainage. City estimate equals
$220,700; GDC - $64,509; a reduction of $156,191. GDC offered no
explanation-other than that was their estimate to bring into
compliance the street and drainage facilities in Unit 16.
2. Unit 17 Street and Drainage. City estimate equals
$1,364,472; GDC - $739,222; a reduction of $625,250. GDC offered
no explanation other than this was their estimate to bring into
compliance the street and drainage facilities in Unit 17.
3. Elkcam Waterway. City estimate $1,531,250; GDC - $230,400; a
reduction of $1,300,850. GDC denies any responsibility to
construct seawalls in the major canals South of CR 512. The GDC
estimate of $ 230,400 is their estimate to construct the water
control structure on the Elkcam Canal, a project the City
estimates at $300,000. GDC's response to the reduced estimate
that the bulk heads were GDC's obligations to property owners and
not to the city. Balderdash! Paragraph 15 of the 1979 agreement
explicitly requires GDC to construct these facilities.
4. Wentworth Ditch Realignment. City estimates $103,834; GDC -
$ -0-; reduction of $103,834. GDC denies any responsibility for
this grossly misaligned ditch stating that it existed prior to
their development. However, GDC's drainage plans require a canal
to be located in a rear yard easement. Paragraph 10 of the 1979
agreement states:
- 2 -
DEFICIENCIES IN GDC PROPOSAL
(Continued)
,,X. General will indemnify and legally
defend at not cost to the City and save the
City harmless from any and all actions and
judgments, if any, by purchasers of property
from General who have any complaints or legal
actions against General in regards to the
location and/or construction of drainage ways
in the City.-
Additionally, in paragraph 12 of the agreement, the City accepted
only those drainage facilities which were "recorded in the
Official Records of Indian River County." The misaligned
Wentworth ditch is clearly not recorded in the official records
of Indian River County. The city simply cannot accept something
that does not exist. Nor is the City required to accept an
"improvement" which is constructed on private property and not
held by deed or easement by the City, namely the Wentworth ditch
which is completely outside of the easement and on private
property.
In his legal opinion dated February 19, 1986, then city Attorney
Thomas C. Palmer, Esq. opined that the City accepted only those
drainage facilities which were properly aligned. Lastly, prior
to bankruptcy, GDC would promptly respond to complaints from the
city or property owners and correct misaligned ditches in all
units of the Sebastian Highlands. Clearly, GDC's administration
and practice of the 1979 agreement committed GDC to realign
improperly aligned drainage facilities.
5. Construction Contingency. The City estimate $322,000; GDC -
estimate $ -0-; reduction of $322,000. GDC claims their should
be no construction contingencies. Further, they claim that the
contingencies in the City estimates were included in the cost
estimates to bring street and drainage facilities in Units 16 and
17 into compliance with the 1979 agreement. GDC's assertion is
nonsense and deserves no further explanation. A construction
contingency of 10% is reasonable.
6. unit 16 Stormwater Retention Lake. (Collier Waterway) The
City estimate $695,100; GDC - estimate $-0-; reduction of
$695,100. GDC's explanation for this reduction was that the
stormwater lake was a part of the improvements of that portion of
Unit 16, which is not yet constructed and therefore, the
construction of this stormwater lake is not required at this
time. However, when confronted with photo copies of the the
recorded plats, which indicates that about 98% of the lake is in
Unit 11, GDC continued to deny they had any responsibility for
its construction. They also said that permits would be difficult
to obtain. Paragraph 15 of the 1979 agreement requires GDC to
construct this lake and to maintain all waterways South of CR 512
until all the work is completed. GDC has a responsibility to
construct this lake under the terms of the 1979 agreement.
- 3 -
DEFICIENCIES IN GDC PROPOSAL
.(Continued)
7. Emergency Repairs To Date. City estimate $15,400; GDC -
$15,400; reduction $ -0-. At the April 9th meeting, I advised
GDC that the City was amending this claim for an additional
$55,000 for repairs to streets in Unit 17 which were in a
deplorable and unsafe condition. GDC asked for additional
details which I have since furnished to them.
8. Improperly Aligned Drainage Ditches. City estimate $197,500;
GDC - $-0-; reduction of $197,500. GDC disputed any obligation
to correct improperly aligned drainage ditches. Please see
Paragraph number 4 above. However, as we discussed this matter,
GDC offered to accept the figure of $100,000. The city's
estimate of $195,000 was calculated as follows:
Estimate 25 ditches in 13 Units (excluded are
Units 7, 12, 16 & 17 and "Wentworth" ditch.
13 units X 25 Misaligned Ditches X $600 per
Ditch = $195,000
I have no problem in reducing the estimate to $100,000.
9. Englar Bridge Repair. City estimate $10,000; GDC - estimate
$10,000; reduction of $ - 0-.
SUMMARY
The total City estimate is $4,460,256; the GDC estimate is
$1,059,530; the overall difference is $3,400,725. As outlined
above, I do not believe we should accept GDC's lower estimates.
There are three (3) claims that the City may be able to reduce
its estimate: In claims number 1 and 2 for Units 16 & 17 Street
and Drainage, the City may wish to reduce its estimates to the
1979 contract standard of soil cement base and one inch of
asphalt, although this standard would not meet current standards.
The third area is identified in claim number 8 above to reduce
the value of improperly aligned drainage ditches from $197,500 to
$100,000.
GDC PROPOSED ASSETS FOR TRADE
GDC has presented a preliminary for "Discussions Only" offer of
$698,470. At the same time, GDC is offering to convey some
$168,000 (their value) of other "assets" to the City, including
the various "park" tracts and residential building lots, which
were converted for drainage retention. In my judgment, this
offer should not be considered until the dollar amount of the
claim is resolved.
- 4 -
CITY COUNTER OFFER
At this point in time, it may be appropriate for the City to make
a counter offer. Any offer should include those "Essential
Contract Elements" which were outlined in my memo to the Mayor
and city Council, dated January 29, 1991 and since revised. GDC
has agreed to all but one (1) parcel on this schedule. Exhibit
"B" of the January report outlined in dollars and cents GDC's
1979 contractual obligations. I may point out that these
obligations do not list an additional $55,000 authorized by City
Council for Unit 17 street repairs nor does it list the
maintenance expenses GDC would incur for street and drainage
facilities had GDC not filed for bankruptcy. As noted in the
"Summary" part of this report, I believe there is some
justification for a reduction in the City's estimate of GDC's
liabilities. Exhibit "C" of my January report outlined those
assets which I believe would be appropriate as a "trade" with GDC
to relieve GDC of its 1979 contractual obligations. I have
revised that schedule, which is enclosed for your review.
"PARKS"
I do want to point out that GDC says there is a difference
between "dedicated" and "designated" park tracts. It is GDC's
position that those tracts which they have identified as
dedicated parks are ones which they are willing to convey to the
city.
GDC's position on the "designated" parks, is that GDC has
obligation or responsibility to convey this property to the City
or to develop the parcels as park. It is their intent to further
subdivide these "park" parcels into residential building lots and
sell them. They have also suggested that the City agree to
rezone some of these tracts to commercial zoning designations.
When asked to convey them to the city, GDC's response is that
they would be willing to sell these tracts to the City at fair
market value. With this type of pathetic corporate greed, it is
little wonder that GDC finds itself in bankruptcy court or that
it has been found guilty of illegally misrepresenting its
properties. GDC clearly represented these sites as parks. In
good faith, individuals purchased building lots with, at least,
implied promises of neighborhood parks, in good faith, the City
identified these parks as open recreation space in its local
comprehensive plan. It is unfortunate that the 1979 agreement
did not specifically address this issue. Rather than conveying
these parcels as GDC assets, they might otherwise be viewed as
GDC liabilities. Therefore, I believe the City should be very
hesitant to exclude these properties from the current
negotiations or to ever allow a rezoning to other than its
current "Public Service" zoning designation.
CITY ~S NOT A DEVELOPER
I must again bring to your attention that by relieving GDC of its
obligations, the city would assume responsibility for the
maintenance of infrastructure (streets and drainage) built to
date. However, it must be understood that the City is not
assuming GDC's responsibilities under the 1979 agreement.
- 5 -
(Example: GDC is required to construct certain seawalls along
the Elkcam Waterway at an estimate cost of $1.2 million. The City
may choose to construct the seawalls, or to install rip rap, or
to do nothing.) The point is that the City of Sebastian is not a
developer and must make no pretense that it is to assume GDC's
civil liabilities, responsibilities, representations or promises.
Under no circumstances is the City committing to construct
streets or drainage structures in portions of Unit 16 or 17 which
are platted but not improve.
- 6
OBLiOATIONS FOR $}~h%HMRICT
DISCUSSIONS ONLY
3-14-'91
10.
11.
Unit 16 Street and Drainage
Unit 17 Street and Drainage
Elkeam Waterway (Seawall and Water Control
Structure)
Wentworth Ditch - Realignment
Construction Contingency (10%)
Unit 16 Stormwater Retention Lake
(Collier Wat.erway) - not constructed
Emergency Repairs To Date
improperly Aligned Drainage Ditch~
(Eztimate)
Repair Englar Bridge Over Collier
Waterway in Unit 16
Park, Governmental and Conservation
Sites
Commereial/Industriai and Other
Properties
TOTAL
CITY
$ 220,700
1,364,472
1,531,250
103,834
322,000
695,100
15,400
197,500
10,000
$ 4,460,256
G.D.C.
$ 64,509
739,222
230,400
-0-
-0-
15,400
-0-
10,000
$1,059,531
CITY OF SEBASTIAN
OBLIGATIONS FOR SETTLEMENT
DISCUSSIONS ONLY
ITEM #
RE:
ASSET DESCRIPTION
One (1) Residential Lot - Barber
Street Sports Complex
PROPOSED ASSETS FOR TRADE
CITY OF
SEBASTIAN $ VALUE
$ 8,000
G.D.C.
$ VALUE
$ 8,000
One (1) Residential Lot - Airport
Drive E~st
8,000
A commercial tract at the intersection
of Barber and Tulip
Schumann Lake Island in Unit 16.
Schumann "Lake" is a dedicated
drainage right-of-way. Total 15.38
acres at $14,000
Two (2) lots for access to the
Elkam Dam
Miscellaneous lots and designated
tracts used for retention and
drainage (Estimated 140.1 acres at
$1,000 an acre)
475,150
215,320
20,000
140,100
475,150
215,320
$866,570 $698,470
TRACT NUMBERS AND CONVERTED DRAINAGE LOTS
DESCRIPTION
Tract B, Unit 14
Tract C, Unit 8
Tract A, Unit 13'
Tract B, Unit 13'
Tract D, Unit 13
Tract H, Unit 17-
Tract I, Unit 17'
Tract K, Unit 17.
Tract M, Unit 13.
Tract R, Unit 17'
Tract S, Unit 17'
Tract O, Unit 17
(Park)
(Park)
Residential Lots
Unit 11, Block 55, Lots 10 to 15
Unit i1, Block 386, Lots 2 to 7
Unit 16, Block 545, Lots 12 to 17
Unit 16, Block 612, Lots 10 and 11
Unit 17, Block 449, Lots 1 to 11
Unit 17, Block 451, Lots 1 to 4
Unit 17, Block 462, Lots 11 and 12
Unit 17, Block 570, Lots 4 to 19
Unit 17, Block 578, Lots 1 to 16; 19 and 20
Unit 17, Block 579, Lots 12 to 14 and 19, 20, and 21
Unit 17, Block 580, Lots 1 to 3; 19 and 20
Unit 17, Block 582, Lots 6 to 11 and 18 to 23
Unit 17, Block 584, Lots 13 to 16
Unit 17, Block 586, Lots 6, 7, 8 and 19, 20, 21
Unit 17,'Block 589, Lots 4 and 5
Unit 17, Block 596, Lots 12 to 15 and 18 to 22
Unit 17, Block 598, Lots 14 to 17
Total of 116 residential lots converted to
drainage .....................................
Total Acreage
7.42
8.01
3.99
10.08
26.81
3.76
33.28
2.80
2.10
2.44
1.91
8.50
111.10
29.00
TOTAL ACREAGE 140.10
GENERAL DEVELOPMENT CORPORATION - ~SSETS
In exchange for relieving GDC of its liabilities and obligations as
-outlined above, the City may wish to acquire some of the following
real properties: These properties may be further detailed on
"Exhibit C".
C - 1 One (1) Residential Lot - Barber $ 8,000
Street Sports Complex
C - 2 One (1) Residential Lot - Airport 8,000
Drive East
C - 3 A Commercial Tract at the 365,500
Intersection of Barber & Tulip
C - 4 Mosby Letter of 1/23/91 - Fleming 72,000
Street Extended to S. Easy Street
(Replat portions of Unit 16 SH -
affecting eighteen (18) residential
lots @ $4,000
C - 5 Parcels in the portion of Unit 16 SH 378,140
which is platted yet not constructed.
Total 27.01 ~ acres @ $14,000/acre
C - 6 Schumann Lake Island in Unit 16, SH 215,320
and related tracts. Please note that
Schumann "Lake" is a dedicated drain-
age right-of-way. Total 15.38 acres
@ $14,000
C - 7
These are parcels located in Unit 17 1,003,500
SH and designated "Commercial" or not
"designated". Total 20.07 ± acres @
$50,000/acre (04/16/91 Rec. 1.07 Acres @ $14,000)
C - 8
This is a tract in Unit 13 which is
designated as "Commercial" by GDC
but zoned RS-10. Total 5.36 acres
@ $14,000
75,040
C - 9
Public Service ("PS") Tracts
outlined on "Exhibit C-9".
Total of 115.75 acres @
$14,000/acre
1,620,500
C - 10 Main Street "Entrance" Tracts
38,220
Sub - Total
$ 3,784,220
Cash
675,980
GRAND TOTAL ASSETS
$ 4,460,200
Revised: 2/14/91
Second Revision: 04/02/91
Third Revision: 04/16/91
3~XHIBIT C"
-Exhibit C - 1
Barber Street Sports Complex: Lot 4,
Block 208, Unit 10 Lot valued @ $8,000
Exhibit C - 2
Airport Drive East, Lot 2, Block 12,
Unit 1, SH Lots valued @ $8,000
Exhibit C - 3
Commercial Tract - Barber Street & Tulip
Ail of Block 268, Unit 10, SH
Approximately 7.31 acres - zoned
Commercial Limited (CL) 7.31 Acres
@ $50,000/acre is $365,500
04/02/91 Recommendation 7.31 Acres @ 65,000 Acre *
Exhibit C - 4
Fleming Street Extended
Also, see Mosby letter dated 1/23/91
marked "Exhibit C-4" 18 affected lot
@ $4,000/lot is $72,000 *
(See Note Below)
Exhibit C - 5
The following tracts are in a portion of Unit
Highlands, which is platted but no improvements
drainage) have been constructed.
16, Sebastian
(streets and
SH - 16 Tract "C" - Blk 519
SH - 16 Tract "K" - Blk 543
SH - 16 Tract "L" - Blk 549
SH - 16 Tract "D" - (No Blk #)
SH - 16 Tract "E" - (No Blk ~)
SH - 16 Tract "F" - (No Blk ~)
SH - 16 Tract "G" - (No Blk #)
SH - 16 Tract "H" - (No Blk #)
SH - 16 Tract "J" - (No Blk #)
("Civic") 3.01 + acres
("Park") 3.80 + acres
("Church") 4.18 + acres
("Park") 2.38 + acres
("Park") 2.38 + acres
("Park") 2.40 + acres
("Park") 2.21 + acres
("Park") 2.19 + acres
("Park") 4.46 + acres
TOTAL
27.01 ~ Acres
Revised: 2/14/91
Second Revision: 04/02/91
Third Revision: 04/16/91
Note: Exhibit C-4 - GDC Agrees: Replat prior to construction of this
portion of Unit 16 or if sold to require buyer to replat prior to
construction.
"EXHIBIT C"
(Continued)
Exhibit C - 6
Schumann Lake "Island".
Also included:
SH 16 - "Island" 13.36 ~ acres*
SH 16 - Tract "R" - Blk 559 .36 ± acres*
SH 16 - Tract "S" - Blk 559 .71 ± acres*
SH 16 - Tract "T" - Blk 559 .95 ± acres*
Note: @ $14,000/Acre
TOTAL
15.38 ! Acres
Exhibit... C - 7
"Commercial" and other tracts in Unit 17, Sebastian Highlands
SH 17 - Tract "L" - BL 588 ("Commercial") Zoned COR 2.40 + ac.
SH 17 - Tract "P" - BL 602 ("Commercial") Zoned CL 16.60 + ac.
SH 17 - Tract "T" - BL 606 Schuman Waterway & Empress . 18 + ac.
SH 17 - Tract "U" - BL 597 Schuman Waterway & Empress .27 _+ ac.
SH 17 - Tract "V" - BL 599 Schuman Waterway & Empress .34 + ac.
SH 17 - Tract "W" - BL 595 Schuman Waterway & Empress .28 + ac.
TOTAL 20.07+ Ac___~.
Exhibit C - $
SH 13 - Tract "C" - Blk 326 ("Commercial")
5.36 + acres
Revised: 2/14/91
Second Revision: 04/02/91
Third Revision: 04/16/91
"EXHIBIT C"
(Continued)
Exhibit C - 9
Public Service ("PS") Tr.a...cts
SH 8 - Tract "C"
SH 8 -
- Blk 223 ("Park")
- Blk 193 ("Park")
8.24 + acres *
1.90 + acres
SH 9 -
SH 9 -
Tract "A" - Blk 409
Tract "A" - Blk 409
("Utility)
("Park")
2.37 + acres
.37 + acres
SH 10 -
SH 10 -
SH 10 -
SH 10 -
Tract "A"
Tract "B"
Tract "C"
- Blk 211 ("Park")
- Blk 267 (."Park")
- Blk 264 ("Park")
- Blk 300 ("Park")
2.49 + acres
2.24 + acres
1.15 + acres
2.27 + acres
SH 11 -
SH 11 -
SH 11 -
SH 11 -
SH 11 -
Tract "A" - Blk 282 ("Park")
Tract "B" - Blk 282
Tract "C" - Blk 372 ("Park")
Tract "D" - (No Blk #)("Park")
Tract "E" - Blk 347 ("Park")
1.68 + acres
.37 + acres
4.42 ± acres
3.81 + acres
2.93 + acres
SH 13 -
SH 13 -
SH 13 -
Tract "A"
Tract "B"
Tract "D"
(Deep Swale)
(Swimming Hole)
(River)
3.99 + acres *
10.08± acres *
14.07+ acres *
SH 14 - Tract "B" - Blk 507 ("Park")
5.79~ acres *
SH 15 - Tract "G"
- Blk 488 ("Park")
4.62± acres
SH 17 -
SH 17 -
SH 17 -
SH 17 -
Tract "A"
Tract "i"
Tract "N"
Tract "Q"
- (No Blk #)("Park") 3.55± acres
- (No Blk (wetlands) 33.73± acres *
- Blk 589 3.96± acres
- Blk 604 ("Park") 1.72± acres
TOTAL
115.75 Acres
EXHIBIT C - 10
"Entrance" Tracts - Main Street
SH 1 - Tract "B"
SH 1 - Tract "H"
1.70± acres
1.03~ acres ***
2.73 Acres
* GDC Offer 04/07/91
*** GDC Offer 04/07/91
Note: Calculated @ $14,000/Acre
Revised: 2/14/91
Second Revision: 04/02/91
Third Revision: 04/16/91
"ESSENTIAL CONTRACT ELEMENTS"
EXHIBIT A - 1
116 Residential Building Lots, Units 11, 16 & 17 *
- Tract "0" Unit 17 SH
- Tract "H" Unit 17 SH
- Tract "~' Unit 17, SH
8.49 Ac.*
3.76 Ac.*
.26 AC.
EXHIBIT A - 2
Shiloh Youth Ranch Easement .83 Acre.***
BSA Easement .86 Acre ***
EXHIBIT A - 3
- Tract "K", BLK 588, Unit 17 SH
- Tract "M", BLK 599, Unit 17 SH
- Tract "R", BLK 613, Unit 17 SH
- Tract "S", BLK 616, Unit 17 SH
2.84 Ac. *
2.16 Ac. *
2.84 Ac. *
1.91 Ac. *
EXHIBIT A - 4
Two (2) Residential Building Lots *
Access to Elkcam Water Control Structure
EXHIBIT A- 5
- Tract "P" BLK 560 Unit 16 SH I 60 Ac.
(Continued)
EXHIBIT A - 6
'"Fleming Grant Line" Drainage
- Tract "Y", Blk 121, Unit 4, SH
- Tract "O", Blk 65, Unit 2, SH
- Tract "I", Blk 12, Unit 1, SH
1.26 Ac. **
2.2 Ac. **
2.0 Ac.
"GDC Owned - FPL Easement"
- Tract "F", Blk 14, Unit 1, SH
- Tract "E", Blk 17, Unit 1, SH
- Tract "D", Blk 21, Unit 1, SH
- Tract "C", Blk 41, Unit 1, SH
1.45 Ac. **
2.91 Ac. **
2.89 Ac. **
2.19 Ac. **
EXHIBIT A - 7
"Hardee Park"
- That portion of Hardee Park not yet **
dedicated to the City. 6.50 ~ Ac.
* GDC Offer 04/09/91
** GDC Verbal Offer 04/09/91
*** GDC Verbal Offer 03/26/91
Revised: 4-2-91
Second Revision: 04/16/91
AGR[EflEHT
THIS AGREEflENT, made end entered Into this
day of August. 1979, by end between GENERAL DEVELOPHENT
CORPORATION (hereinafter called "General~'), · Oelevare
corporation euthorlzed to do business Iff the State of
Florida, and the CITY OF SEIASTIAH (hereinafter celled
°'Cltyt'), a municipality under the laws of the State of
Florida;
W I T N i S S E T H~
WlIEREAS, General has recorded in the Official
Records of Indian River County, plats subdividing lends
within the City; end
WHEREAS, General has posted corporate performance
bonds and/or surety bonds es security for the construction
of roads and drainage facilities es shown on said plats; and
gIIEflEAS, General has completed construction of
roads and drainage facilities as shown on said platS; end
WlI[R[AS, General having completed construction of
all roads and drainage facilities In the recorded plats of
Sebastian IIIghlands Units ~ through t end ~ through
recorded in the Official Records of Indian River County,
~hlch were not previously ~ccepted by City and hsvlng an
ohllgation to complete the roads and drainage facilities In
U~its 16 and 17; and
~IIEREAS, General's obligation Is to have completed
constructlott of said roads and drainage facilities In
cordance with the requirements of the ordinances of the City
iii effect at the date of acceptance by the City of the
plats. ~hich were duly recorded by General; and
~/tl;REA$. the City and Generel desire to resolve
ell disputes between the parties in regard to construction
arid reltottsJlJillty I'or road construction end maintenance In
Units Z thr~ugh ~ and 8 through 15 o[ the recorded plats
Sehasl lan Ilighl~nds.
NO~ 1IIE~EFORE, In consideration of the mutual
cuvenants contained herein end other good and valuable
conslderalion, the par ties do hereby agree as follows:
I. 1he egreement entered Into between General
a.d ~lty, d~ted the ~th oF June, 197~, Is hereby voided ~nd
sh~l I no lo. get have any force or effect.
~. Generel herewith pays to the City the ~um of
t~o hundred thirty-three thousand d~llar~ ($~)3~0OO.00) for
the purchase o~ m~lntenance equlpme,~t to m~lntaln romd~ and
dr~i~age F~cllltlel In the ~lty of Seb~stlmn~ and to
In the rec~netruet Ion mhd/or repair of the Leke H~rdoe dmm.
]. General herewith pays to the City the sum of
one hundred t~enty-flve thousand dollars ($125,000.00) to
esslsl tl~e City Iff p~ylng the cost of iff ICCel? rold to the
so~tthern portion of the City of Sebastian from U.S. I
Shum~f~n Drive and to assist In paying for resurfAclng major
arterial rnads In the City~ or for such other romd
drainage purposes as may be determined by the City Council.
~. The City by e~ecutlon of thll agreement,
which ha~ been approved by a majority vote and resolution of
the Cily C~,Jnctl, City of Sebastian, doe~ hereby Accept
completed by General In accordance with the Subdivision
Regulations uf the City, Ill roads and drainage flcllltles
i. Up, its 2 through G and Units ~ ~hrough 15 of Sebastian
Hlqhla,ds, according tn the plats thereof recorded In the
fll fici~l Records of Indian River County~ e~cept ms ~tated
i'araqrnph 15 herein, And the Cl~y henceforth ~hall be respon~lblle
f~:r lhe m~intenance of said roads and drainage
within ~ald plat units.
5. General shall, upon execution of this agreement,
deed lc, the City for municipal purposes the twelve (12) acre
slle located al the Intersection of ~arber Street and~Arbor
Drive. This conveyance by General shall be conditioned upon
General receiving from the Indian River County School lloard
[tile School Board) a letter relinquishing all right, title,
nnd interest in said tracl.
6. City shall, within sixty (60) days of the
dale of this agreement, repeal that provision of Ordinance
Nn.179, Paragraph 6.O7-11, requiring construction Of ten
(IO) percent of homes on · platted street prior to acceptance
by the City of roads and drainage facilities constructed by
deve loper.
/. General shall convey to the City the tract
located at the Intersection of Barber Street and Schumann
[}rive in the City, upon the payment to General of the sum of
nine thousand five hundred sixty dollars ($9,560.00). The
conveyance ~111 limit the use of the parcel to school purposes
or such tract will revert back to the ownership of General
Developme.t. General hereby acknowledges receipt From City
of the sum of nlne thousand five hundred sl~ty dollars
($9,560.OO) In full payment of this obligation.
8. City discharges and ~elease General, Its
~fflcers, employees, stockholders, successors and assigns
from any and ell obligations, liabilities or agreements
relating to the payment by General to the City of surety
bond premiums savlugs ~hlch have accrued or may In iht
future accrue to General because of corporate perl~ormance
bon~Ls posted ~vlth the City by General.
9. General shall obtain an easement through the
Boy Scout property adlacent to Unit Five (5) of Sebastian
Ulghlands and shall construct° upon receipt of all necessary
l~etmlls if any are required, and as soon as pract.l, cable, any
necessary dralnage~vay, as determined in Its enqlneer~s
~H~i"ion, to pr~vl¢le adequate drainage of the area to be
~elieved by said drnlnaqe~ay. If permits are required
General shall provide the technical expertise end any neces1~ary
en_qineerln_q design or date for the City to apply for the
~eces~a~y permlls. General shell construct such draJnage~eay
and ~btaln any permits entirely at It~ e~pen~e and at no
c~sl or lurtl~er obll.qatlon 1o the City.
IO. General ~111 Indemnify and legally defend at
no cost t(~ Ihe City a~d save the City harmless from any and
~11 act i~m~ ~ judgments, I f any, by purchllels of property
fron, ~eneral wh() have any complalnt~ or legal actlon~ against
General In regard to the Iocatlo'n and/or construction of
-dralnage~ay5 In the City.
II. General will complete · cora boring program
and ~111 reconstruct at Generll~ expense City ~treets In
Units 2 th~ougl~ 15 ;~; Sebastian Ulghle~ds to provide one (1)
t~ch ~[ asl~hal~ ~earlng surface, es defined herein, ~here
deflciencle~ ~ave occurred. As an alternative to ~uc~
recn~lrucllo~t, General, upon the Clly's request, shall
deposit ~lth the City an amount computed at $~3.OO per ton
of a~l,h*l~ estimated as required to correct the deficiency,
lot the C;~y's exclusive use for road malnteflence In the
City. ~neral ~lll be obligated under thll paragraph if the
results (~f the ~nre borings, taken at the frequency of ~lve
(5) bnrl;t~l~ per ella, Indicate les~ than one (I) Inch o[
aspl~alt ~urlace ~lthln a tolerance of el;~us (-) one quarter
(I/~) i~ch. ~here deficiencies occur the area n~ deficiency
shall be f~rlher defined by additional botlngt. ~eneral
~hall I~rovlde to the City the result~ of Itt core boring
tests ~lthin ninety (~0) day~ from ~he dele of this agreement.
1he C;'ty ~ithln sixty (60) day~ of the recelp~ of such
report ~hatl ~otll'y General of any road~ for ~hich It requires
(-nd~ t;~ be deposited ~lth the City, In lieu of paving work
t~ b;~ d~;~e by ~eneral. Upon receipt of such notice hy
General from the City, General sl~.~ll comple[e the paving
~,~r~ rrq~irrd ~lthln one hundred elghly (180) days or ~lll
P,~y the lu~lds t~ the City, at Ihe City's option.
12. City. upon executlou of this egraement~
hereby accepts the construction of all roads Ind drainage
facllltles and will thereafter maintain luch fold! and
drainage facilities In Units 2 through 6 and ~ through 15 In
Sebastian IIIghlands, is recorded In the Official Records or
Indla~ River £ou~tty, except is stated herein In Peragrlph
15, end does hereby release and forever dlschlrge Generll
and Its officers, employees, stockholderl, successors and
assigns from any and Ill obll~etlonl, under corporlte bonds
or surety bonds previously posted with the City to gulrlntee
construction lad/or mllntenance of folds lad drllnlge ftcllltles
In the aforesaid unlts~ Including, but not limited to the
bonds shown on Exhibit ~A~' attached hereto.
13. £1ty does hereby relelse end forever discharge
Generil end Its offlcers~ employees~ stockholders~ luccessors
and Isslgns from any and all other ohllgetlons, clalm~,
~arrentles~ Ileal. right of ~ctlon or other legal remedial
of wherever nature or kind .hlch may have arisen or could
h~ve arisen between the parties prior to the dire of this
agreement.
////~ City agree that ~hen GenarIl~'~.~
Cener&l
and
completes construction of the ro.ds .nd drllnlge f.cllltles ~
In Un,ts 16--.nd 17 It sh. ll .ubmlt them to the ~lty for
.::::since for malntenlnce by the City. The City shill
~lthln a reasonable time Inspect slid rolds Ind drilnage
facillltles In Units 16 end 17 to Issure completion of
construction In accordance with the Subdlvlllofl Regulations
in effect ~t the time of pl~t recordltlon. Once such deter-
mlnatlon Is made the City shill by resolution accept such
road and drainage facilities for maintenance by the City ~ndJ
~ _~11 release .Il outst.ndlng bonds posted for s.ld unlt~//
~ 15. General shall complete the exclvetlon and
install~tlo~ of bulkheads In Iccordance with Its original
develupment iii.ns, consistent with General recelvl.n.__qe~_~c.ab~j_e
~ which General sh.ll use Its good faith efforts to
obtain for: (I) Collier Creek from rellsmere Hlghwly to Its
intersectlnn with Elkcam Waterway; and (2) [Ikcam Waterway
in its entirety, General shall maintain these waterways at
Its expense until tile excavation work Is completed. Upon
completion of the excavation work, the City shall accept
these waterways for malfltenence.
Executed on behalf bf the City of Sebaltlan in
accordal~ce with a resolution passed by majority vote of the
City Council at Ils meeting on the /~ Y~ay of ~L~ .~ Z
1~79.
GENERAL DEVELOPMENT CORPORATION
~ayf~e L. Allen'
Vice President
CITY OF S£BA511RN, FLORIDA
GENERAL DEVELOPMENT CORPORATION - ASSETS
In exchange for relieving GDC of its liabilities and obligations as
outlined above, the City may wish to acquire some of the following
real properties: These properties may be further detailed on
"Exhibit C".
C - 1 One (1) Residential Lot - Barber $ 8,000
Street Sports Complex
C - 2 One (1) Residential Lot - Airport 8,000
Drive East
C - 3 A Commercial Tract at the 365,500
Intersection of Barber & Tulip
C - 4 Mosby Letter of 1/23/91 - Fleming 72,000
Street Extended to S. Easy Street
(Replat portions of Unit 16 SH -
affecting eighteen (18) residential
lots @ $4,000
C - 5 Parcels in the portion of Unit 16 SH 378,140
which is platted yet not constructed.
Total 27.01 ± acres @ $14,000/acre
C - 6 Schumann Lake Island in Unit 16, SH 215,320
and related tracts. Please note that
Schumann "Lake" is a dedicated drain-
age right-of-way. Total 15.38 acres
@ $14,000
C - 7
These are parcels located in Unit 17 1,003,500
SH and designated "Commercial" or not
"designated". Total 20.07 ± acres @
$50,000/acre (04/16/91 Rec. 1.07 Acres @ $14,000)
C - 8
This is a tract in Unit 13 which is
designated as "Commercial" by GDC
but zoned RS-10. Total 5.36 acres
@ $14,000
75,040
C - 9
Public Service ("PS") Tracts
outlined on "Exhibit C-9".
Total of 115.75 acres @
$14,000/acre
1,620,500
C - 10 Main Street "Entrance" Tracts
38,220
Sub - Total
$ 3,784,220
Cash
675,980
GRAND TOTAL ASSETS
$ 4t460,200
Revised: 2/14/91
Second Revision: 04/02/91
Third Revision: 04/16/91
"EXHIBIT, ~.~
Exh%bit C - ~
Barber Street Sports Complex: Lot 4,
Block 208, Unit 10 Lot valued @ $8,000
~x. hibit C - 2
Airport Drive East, Lot 2, Block 12,
Unit 1, SH Lots valued @ $8,000
Exhib.i.t...C - 3
Commerciai Tract - Barber Street & Tulip
Ail of Block 268, Unit 10, SH
Approximately 7.31 acres - zoned
Commercial Limited (CL) 7.31 Acres
@ $50,000/acre is $365,500
04/02/91 Recommendation 7.31 Acres @ 65,000 Acre *
Exhibit C - 4
Fleming Street Extended
Also, see Mosby letter dated 1/23/91
marked "Exhibit C-4" 18 affected lot
@ $4,000/lot is $72,000 *
(See Note Below)
Exhibit C - 5
The following tracts are in a portion of Unit 16, Sebastian
Highlands, which is platted but no improvements (streets and
drainage) have been constructed.
SH - 16
SH- 16
SH - 16
SH - 16
SH - 16
SH - 16
SH - 16
SH- 16
SH - 16
Tract "C"
Tract "K"
Tract "L"
Tract "D"
Tract "E"
Tract "F"
Tract "G"
Tract "H"
Tract "J"
- Blk 519
- Blk 543
- Blk 549
- (No Blk #)
- (No Blk #)
- (No Blk #)
- (No Blk #)
- (No Blk #)
- (No Blk #)
("Civic") 3.01 ~ acres
("Park") 3.80 ± acres
("Church") 4.18 ± acres
("Park") 2.38 + acres
("Park") 2.38 + acres
("Park") 2.40 + acres
("Park") 2.21 + acres
("Park") 2.19 +_ acres
("Park") 4.46 +_ acres
TOTAL
27.01 ~ Acres
Revised: 2/14/91
Second Revision: 04/02/91
Third Revision: 04/16/91
Note: Exhibit C-4 - GDC Agrees: Replat prior to construction of this
portion of Unit 16 or if sold to require buyer to replat prior to
construction.
"EXHIBIT C"
(Continued)
~xhi~.~t C - 6
Schumann Lake "Island".
Also included:
SH 16 - "Island" 13.36 + acres*
SH 16 - Tract "R" - Blk 559 .36 + acres*
SH 16 - Tract "S" - Blk 559 .71 + acres*
SH 16 - Tract "T" - Blk 559 .95 + acres*
Note: @ $14,000/Acre
TOTAL
15.38 ~ Acres
Exhibit C - 7
"Commercial" and other tracts in Unit 17, Sebastian Highlands
SH 17 - Tract "L" - BL 588 ("Commercial") Zoned COR 2.40 ± ac.
SH 17 - Tract "P" - BL 602 ("Commercial") Zoned CL 16.60 ± ac.
SH 17 - Tract "T" - BL 606 Schuman Waterway & Empress .18 ± ac.
SH 17 - Tract "U" - BL 597 Schuman Waterway & Empress .27 ± ac.
SH 17 - Tract "V" - BL 599 Schuman Waterway & Empress .34 ± ac.
SH 17 - Tract "W" - BL 595 Schuman Waterway & Empress .28 ~ ac.
TOTAL 20.07+ Ac.
Exhibit C - 8
SH 13 - Tract "C" - Blk 326 ("Commercial")
5.36 + acres
Revised: 2/14/91
Second Revision: 04/02/91
Third Revision: 04/16/91
"EXHIBIT C"
(Continued)
Exhibit C - 9
Public Service ("PS") T~acts
SH 8 - Tract "C"
SH 8 -
- Blk 223 ("Park")
- Blk 193 ("Park")
8.24 + acres *
1.90 + acres
SH 9 -
SH 9 -
Tract "A" - Blk 409
Tract "A" - Blk 409
("Utility)
("Park")
2.37 + acres
.37 + acres
SH 10 -
SH 10 -
SH 10 -
SH 10 -
Tract "A"
"Tract "B"
Tract "C"
- Blk 211 ("Park")
- Blk 267 ("Park")
- Blk 264 ("Park")
- Blk 300 ("Park")
2.49 + acres
2.24 + acres
1.15 + acres
2.27 + acres
SH 11 -
SH 11 -
SH 11 -
SH 11 -
SH 11 -
Tract "A" - Blk 282 ("Park")
Tract "B" - Blk 282
Tract "C" - Blk 372 ("Park")
Tract "D" - (No Blk #)("Park")
Tract "E" - Blk 347 ("Park")
1.68 + acres
.37 + acres
4.42 + acres
3.81 + acres
2.93 + acres
SH 13 -
SH 13 -
SH 13 -
Tract "A"
Tract "B"
Tract "D"
(Deep Swale)
(Swimming Hole)
(River)
3.99 + acres *
10.08± acres *
14.07± acres *
SH 14 - Tract "B" - Blk 507 ("Park")
5.79± acres *
SH 15 - Tract "G" - Blk 488 ("Park")
4.62± acres
SH 17 -
SH 17 -
SH 17 -
SH 17 -
Tract "A"
Tract "I"
Tract "N"
Tract "Q"
- (No Blk #)("Park") 3.55± acres
- (No Blk (wetlands) 33.73~ acres *
- Blk 589 3.96~ acres
- Blk 604 ("Park") 1.72± acres
TOTAL
115.75 Acres
EXHIBIT C - 10
"Entrance" Tracts - Main Street
SH 1 - Tract "B"
SH 1 - Tract "H"
1.70± acres
1.03± acres ***
2.73 Acres
* GDC Offer 04/07/91
*** GDC Offer 04/07/91
Note: Calculated @ $14,000/Acre
Revised: 2/14/91
Second Revision: 04/02/91
Third Revision: 04/16/91
THOMAS C. PALMER
ATTORNEY AT LAW
P.O. BOX 145, 1037 MAIN STRI~, SEBASTIAN, FLORIDA 32958
305--589-7550
February 19, 1986
TO: 5~ayor and City CounCil
Contractual history on Road and drainage responsibility in
the Sebastian Highlands.
The following opinion is based only on the following papers
which have been provided to me from city files:
1. City Resolution dated May 28, 1969.
2. Four (4) letters from F. Eugene Gragg, Mayor, to Mr. R.A.
Bleum, from 1-18-74 through 11-4-74.
~ 3. six (6) page agreement dated August 15, 1979, with exhibit
A and two (2) pa~e attachment dated August 15, 1979.
4. One page letter from Elizabeth Reid, City Clerk, to Mr.
Melton E. B33oom, dated April 13, 1982.
5. Two page agreement dated June 10, 1982.
6. One page General Release, dated July 30, ].982.
7. One page letter from George R. Kulczcki to Dan Blair dated
February 6, 1985. '
Based on a careful review of these papers and limited to the
information contained therein, the following conclusions can be
drawn ~ith reasonable certainty:
1. The City accepted ~11 streets existing in Sebastian Highlands
Unit 7 as of May 28, 1969, along with the other streets listed
in the said Resoultion. This reference to Unit 7 is set out
specifically because Unit 7 is not referred to specifically
in any other documentation except in references to units 2
through 15 regardin~ taking certain core borings.
2. The four letters from Mayor Cragg from January 18, 1974 through
November 4, 1974, constitute approval by the City as 'to the
then existing "ditches" in Phases I, II, III, IV, and V of
Unit I of the Highlands. The City agreed to maintain the
then existing "ditches."
By the agreement dated August 15, 1979, the City assumed
maintenance responsibilities to the roads and drainage
facilities then existin~ in Units 2 through 6 and 8 through
15 in excahange for $358,000.00, a 12 acre parcel of land
at Barber Street and Rose Arbor Drive, the promised repeal of
Ordinance 179, paragraph 6.07-B, and an agreement for the
City to purchase a tract of land at-Barber Street and Schumann
Drive for the price of $9 560 00 By this agreement the City
1-19-~ 86
Page 2
did not assume any ~esponsibility to Units 1'6 or 17. Also
the City did not assume and responsibility for Collier
Creek from Fellsmere Highway to its intersection with Klkcam
Waterway, or any part of Elkcam waterway in its entirety.
General Development agreed to complete the excavation and
installation of bulkheads in accordance with its original
development plans, and agreed to maintain these waterways
at its expense until the excavation work is completed. The
City agreed to accept said waterways for maintenance after
..the excavation work is completed.
By letter dated ADril 13, 1982, the City Clerk wrote to Mr.
Melton E. Bloom and advised General DEvelopment that the City
agreed to accept $37,000.00 in settlement of certain matters
apparently disc?vered by core testing.
A two page agreement, dated June 10, 1982, the city agreed to
accept maintenance responsibility for the roads in Units
1 through 6 and 8 through 15, subject to General Development
repairing some boreing holes apparently yet unrepaired. This
agreement does not refer to Unit 7 and, in any case is limited
to the subject of roads. '
A one page "General Release" dated July 30, 1982 purports
to release General Development from any further matters
under the agreement of August 15, 1979. This release does
not, in my opinion, clearly express the intent of the parties.
It is clear that this release refers only to the following
items:
a. Ail roads in units 1 through 6 and 8 through 15.
b. All properly aligned drainage swales in the same
units.
This release does not refer to General Developments further
obligations as to units 16 and 17, or to General Development's
responsibilities related to Collier Creek and Elckam Waterway.
Thses matters are set out in paragraphs 14 and 15 of the Aug-
ust 15, 1979 agreement.
A one page letter from George Kulczycki to Dan,Blair, dated
February 6, 1985, evidences the fact that General Development
is not attempting to assert that the City is responsible for
maintenance of drainage s%~ales in any units of the highlands
if the s%;ales are improperly aligned. George states that GD
will properly r~align any misaligned swales, and after such
realignment, the City will thereafter be responsible for them.
2-19-86
Page 3
In summary~ According to the papers that have been provided
to me for review, the following can be fairly summize~
The City has accepted for maintenance all roads in Unit 7 as of
May 28, 1969. The City has accepted all roads and properly aligned
drainage swales that existed in Units 1 through 6 and 8 through 15
as of August 15, 1979. The city has accepted any problems that may
have existed regarding bore samples in any of the roads as of 1982.
The City has released General Development as to any such roads that
were in existence as of July of 1982. General Development has the
responsibility to complete the plans for Collier Creek and ElkCam
Waterway and to maintain same until the project is completed. The
City has agreed to assume that maintenance responsibility upon com-
pletion of that project and acceptance of the project by the City.
Thomas C. Palmer
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: Airport FBO Minimum Standards.
Approval For Submittal By:
city Manager ~~ %-
) Agenda No. ~//~
)
)
) Dept. Origin: Airport (JVA)
)
) Date Submitted: 04/18/91
)
) For Agenda Of: 04/24/91
)
) Exhibits: - Proposed Minimum
) Standards (9 pages)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Airport Manager John Van Antwerp has recommended the City adopt
certain minimum standards for fixed based operators at the
airport. These standards would apply to any new airport operator
entering into a lease with the City on airport property and would
apply to any existing lease holder upon the expiration of his
lease. Sections 1 through 4 of the proposed standards would
apply to any new aviation related business, Section 5 would apply
to general fixed base operators, and Section 6 would establish
minimum standards for six different specific types of operators.
Section 7 addresses standards for FBO's engaged in one or a
combination of the type of aviation operators and Section 8 would
address an operation for aircraft storage only.
in the event the City Council allows sports parachuting
activities at the airport, that activity should be added as well
as other types of aviation businesses or activities which may
approach the city in the future requesting to operate at the
Municipal Airport. Additionally, we need to evaluate the impact
of these proposed policies in relationship to the compatibility
study.
RECOMMENDED ACTION
Review the proposed minimum standards for fixed based operators.
~ STANDARDS FO__~R FIXE.D BAS_~E OPERATORS
A_~T THE BA~ MUNICIPAL AIRPOR~
W~.R~AS the City of Sebastian ("city") County of Indian River, a
municipal corporation owns and operates a public airport known as
the Sebastian Municipal Airport, ("airport")
W~ER~AS, the City desires that certain aeronautical services and
activities be furnished by'and engaged in for the benefit of the
general aviation flying public, operating either as general fixed
based operators or special fixed based operators, depending upon
their scope of operation and activities; and
W~ER~AS, the City, in recognition of probation against granting
an exclusive right to conduct aeronautical activity on the
airport imposed by Section 308 of the Federal Airport Act and in
contractual obligations contained in certain contracts between
said City and the United States of America relative to the
expenditure of federal funds for the development and operation of
said airport, desires that all general aeronautical activities be
conducted on the airport in a fair and equitable manner:
~OW, THEREFORE, the City Council of the City of Sebastian, does
hereby resolve that aeronautical activities at the airport shall
hereafter be rendered by and engaged in by duly qualified
operators as the "minimum standards for fixed base operators", as
follows:
APPLICATIO~ PROCEDURES - Any applicant wishing to establish an
aeronautical activity on the airport shall be furnished a copy of
the minimum standards, as amended, and shall make application in
writing to the City, setting forth in detail the following:
(a) The name and address of the applicant
(b) The proposed land use, facility and/or activity sought
(c) The names and the qualifications of the personnel to
be involved in conducting such activity
(d)
The financial responsibility and technical ability of
the applicant and operator to carry out the activity
sought
1
(e)
The tools, equipment, services and inventory, if any,
proposed to be furnished in connection with such
activity
(f)
The requested or proposed date for commencement of the
activity and the terms of conducting the same
(g)
The estimated cost of any structure or facility to be
furnished, the proposed specifications for the same,
and the means or method of financing such construction
or acquisition of facilities.
$~CTION ~
~OTICE AND HEARING - Upon the filing of an application with the
city, it shall be immediately referred to the City Manager. If
the application involves conduct of an aeronautical activity for
commercial purposes all other persons then conducting commercial
activities on said airport shall be notified of the filing of
such application and the time and place of the City Council
meeting to consider the same. Upon consideration of the
application, the City Manager shall determine whether or not the
applicant meets the standards and qualifications as herein
established and whether or not such application should be granted
in whole or in part, and if so, upon what terms and conditions,
and shall make a written report to the City council concerning
the same. Upon receipt of written recommendation of the city
Manager, the city Council may approve, modify or reject such
recommendations and application and advise the applicant of the
disposition in the matter.
SECTION
LEASE OR CO~TRACT - Upon approval of any such application as
submitted or modified, the applicant shall prepared a suitable
lease or contract agreement setting forth the terms and
conditions under which the fixed base operation shall be
conducted. In every instance the lease or contract shall be
conditional upon the following:
(a)
Original and continued compliance with the minimum
standards of each authorized aeronautical activity
Lease shall refer to and incorporate these standards by
reference. Failure to comply within 90 days after
notification shall constitute grounds for termination
or cancellation of the lease.
(b)
Any structure or facility to be constructed or placed
upon the airport shall conform to all safety
regulations of the State of Florida and the City of
Sebastian; and any construction commenced will be
diligently pursued to completion. Performance bonds
commensurate with the value of the construction shall
be required.
(c) The City shall reserve the right to modify or alter
these standards from time to time, however the right to
modify or alter these standards shall not apply
retroactively to an existing lease but will be
applicable at time of renewal or extension of any
leasehold term.
SECTION
STAND;~RD REQUIREMENTS FOR ALL OPERATORS - Each individual or
corporation desiring to conduct aeronautical activities on the
airport must satisfy the City Council:
(a)
That the applicant has sufficient management experience
and available personnel to conduct the proposed service
or activity in an efficient and workmanlike manner.
(b)
That the applicant is financially responsible and able
to provide the facilities and services proposed.
(c)
That the application has or can reasonably secure
necessary certification from the FAA or other authority
where the same are required for the activity proposed.
(d)
That the applicant has or can furnish suitable
indemnity insurance bond or to protect and hold the
City harmless from any liability in connection with the
conduct of the activity proposed.
(e)
The rates or charges for any and all activities and
services of such operators shall be determined by the
operator and be fairly applied to all users of the
services.
(f)
No operator shall be permitted to operate at the
airport without a fully executed lease agreement with
the City containing provisions for strict compliance
with these minimum standards and regulations and
containing such other special provisions as may be
determined by the City to be necessary on account of
any building or other construction which may be
required under such lease or any other special
circumstances which may be applicable to a particular
operator.
(g)
Land use maps approved and duly recorded by the City
Council in the minutes of the meeting adopting this
resolution show the present and future fixed base
operator's areas on the airport property, and this land
use map is hereby made a part of these minimum
standards the same as if set out in full herein.
(h)
Ail fixed base operators shall abide by and comply with
any state, county and city laws and ordinances, the
rules and regulations of the city of Sebastian
governing the airport, and the rules and regulations
of the Federal Aviation Administration.
(i)
(j)
Ail contracts and leases between such operators and the
city shall be subordinate to the provisions of any
existing or future agreement between the City of
Sebastian, Florida and the United States, relative to
the operation or maintenance of the airport, the
execution of which has been or may be required as a
condition precedent of the expenditure of federal funds
for the development of the airport properties.
No fixed base operators shall sublease or sublet any
premises leased by such operator from the airport, or
assign any such lease, without the prior written
approval of the City, and any such subletting or
assignment shall be subject to all of the minimum
standards herein set forth.
SECTION
GENERAL FIXED BASE OPERATOR - A general fixed base operator
shall be only those individuals, corporations, or firms which are
authorized to engage in and furnish a full range of aeronautical
activities and services which shall include, at a minimum, the
following:
(a) Sale and dispensation of aviation gasoline, fuels and
oils
(b)
Aircraft hanger consisting of a minimum of 4,000 square
feet of space and parking spaces for a minimum of 10
aircraft.
(c)
(d)
Adequate and efficient ramp service
Capability to perform FAA approved major aircraft,
engine, and accessory maintenance and furnish necessary
tools and equipment.
SECTION 6
STANDARDS FOR SPECIFIC AERONAUTICAL SERVICES - In addition to
meeting the requirements set forth in Section 4 above, each
operator conducting the following specific activities shall meet
the requirements set forth below for that specific activity:
(a) FUEL AND OIL SALES - Persons conducting aviation
fuel and oil sales on the airport shall be required to
provide:
(1) Hard surface ramp space accessible to taxiway with
electrical pumps and tank storage having a
capacity equal to the minimum tank truck load
4
deliverable for 100/130 grade aviation fuel.
(2)
Properly trained line personnel on duty at least
eight hours of every calendar day, seven days a
week or on call by readily accessible telephone.
(3)
Proper equipment for repairing and inflating
tires, servicing oleo struts, changing engine oil,
washing aircraft and aircraft windows and
windshields, and for recharging or energizing
discharged aircraft batteries and starters.
(4)
Conveniently located (air-conditioned) lounge or
waiting rooms for passengers, and airplane crews
of itinerant aircraft, together with sanitary rest
rooms and public telephones.
(5)
Adequate towing equipment and parking and tie-down
area to safely and efficiently move aircraft and
store them in reasonably expected weather
conditions.
(6)
Aircraft hanger consisting of a minimum of 4,000
square feet of space and parking spaces for a
minimum of 10 aircraft.
(7)
Adequate inventory of at least two brands of
generally accepted grades of aviation oil and
lubricants.
In conducting refueling operations, every operator shall install
and use adequate grounding facilities at fueling locations to
eliminate the hazards of static electricity and shall provide
approved type fire extinguishers or other equipment commensurate
with the hazard in refueling and servicing aircraft.
(b)
AIRCRAFT ENGINE AND ACCESSORY MAINTENANCE - All persons
operating aircraft and engine accessory maintenance
facility shall provide:
Aircraft hangar consisting of a minimum of 4,000
square feet of space and parking spaces for a
minimum of 10 aircraft.
Adequate shop space to house the equipment and
adequate equipment and machine tools, jacks, lifts
and testing equipment to perform overhauls as
required for FAA certification and repair of parts
not needing replacement on all single engine land
and light multi-engine land general aviation
aircraft.
At least one FAA certified aircraft frame and
engine mechanic available during eight hours of
the day at least five days of each week.
5
4. Facilities for washing and cleaning aircraft.
Storage of aircraft undergoing repair. Aircraft
shall not be stored for salvage operations. Any
aircraft undergoing repair and to be in non-
airworthy condition in excess of 90 consecutive
days shall be screened from public view.
Separately partitionable space with adequate
exhaust fans and fire protection for spray
painting if this type of work is performed.
(c) FLIGHT TRAI~ING - Ail persons conducting flight
training activities shall provide:
At least one full time properly certified flight
instructor for single engine land airplanes.
At least one dual equipped single engine land
aircraft properly equipped and maintained for
flight instruction and such additional types of
aircraft as may be required to give flight
instruction of the kind advertised.
Adequate class room space for at lease four
students with proper rest room and seating
facilities.
Adequate mock ups, pictures, slides, filmstrips or
other visual aids necessary to provide proper
ground school instruction.
Properly certificated ground school instructor
providing regularly scheduled ground school
instructions sufficient to enable students to pass
the FAA written examinations for private and
commercial ratings.
Continuing ability to meet certification
requirements of the FAA for the flight training
proposed.
Aircraft hangar consisting of a minimum of 4,000
square feet of space and parking spaces for a
minimum of 10 aircraft.
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(d)
(e)
Adequate public liability and property damage
insurance sufficient to protect the operator and
the City from legal liabilities involved.
AIRCRAFT CHARTER /%ND TAXI SERVICE - Persons operating
aircraft charter and taxi service shall provide:
Passenger lounge (airconditioned), rest room and
public telephone facilities.
Adequate table, desk or counter for checking in
passengers, handling ticketing or fare collection,
and handling of luggage.
Shall have available properly certificated
aircraft with properly certificated and qualified
operating crew, one of which shall be located at
the airport and ready for departure during at
least eight hours of daylight operation daily and
other times, stand by units and crews available to
call up with one hours notice.
Aircraft hangar consisting of a minimum of 4,000
square feet of space and parking spaces for a
minimum of 10 aircraft.
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Shall provide passenger liability insurance of at
least one million dollars per passenger seat and
property damage liability of at least one million
dollars.
AIRCRAFT RENTAL AND SALES - Persons conducting aircraft
rental and sales activity shall provide:
Suitable office space for consummating sales and
or rentals and the keeping of the proper records
thereof.
Hanger storage space for at least one aircraft to
be used for sales or rental.
For rental, at least two airworthy aircraft
suitably maintained and certificated.
o
Adequate facilities for servicing and repairing
the aircraft being used, and an aircraft hangar
consisting of a minimum of 4,000 square feet of
space and parking spaces for a minimum of 10
aircraft.
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(f)
There shall be available, at least during eight
hours of the working day, a properly certificated
pilot capable of demonstrating new or used
aircraft for sale or for checking out rental
aircraft.
The minimum stock of readily exependable spare
parts, or adequate arrangements for securing spare
parts required for the type of aircraft and models
sold.
Current up-to-date specifications and price list
for types and models of new aircraft sold.
Proper check list and operating manuals on all
aircraft rented and adequate parts catalogue and
service manual on new aircraft sold.
CROP DUSTING ~ SPRAYING - Persons seeking to conduct
aerial applications, crop dusting or spraying of
agricultural chemicals shall be required to satisfy the
City that:
Suitable arrangements have been provided for the
safe storage and containment of noxious chemical
materials; no poisonous or inflammable materials
shall be kept or stored in close proximity to
other facility installations at the airport.
The operator shall have available properly
certified aircraft suitably equipped for the
agricultural operation undertaken.
The operator shall make suitable arrangements for
servicing the aircraft with adequate safeguards
against spillage in runways and taxiways or
pollution or disbursal of chemicals by wind to
other operational areas on the airport.
COMBINATION ACTIVITIES - A person conducting a combination of the
specific activities listed herein shall not be required to
duplicate the requirements of the individual activities but were
the requirement of one activity is sufficient to meet the
requirement of a separate activity to be conducted the one
facility shall be sufficient to meet both requirements.
SECTION 7
A SPECIAL FIXED BASE OPERATOR - Shall be any individual,
corporation, or firm which is authorized to engage in one or a
combination of services and activities listed in Section 6(b)
through 6(f) above. A special fixed base operator shall be
completely governed by the same minimum standards as to any
activity or service involved as is herein made applicable to a
general fixed base operator at said airport.
SECTION
STORAGE ONLY OPERATOR - Shall meet the requirements of Section
4 and:
(a)
(b)
(c)
Provide inside storage for a minimum of 20 aircraft
Provide rest room facilities and adequate automobile
parking
Allow no other activities on premises other than
aircraft storage.
SECTION 9
MAINTENANCE/MANAGEMENT AGREEMENT - Nothing herein contained shall
be construed as to limit the right of the City of Sebastian to
enter into a contract and agreement with a general fixed base
operator which is separate and distinct from his lease agreement
with respect to the maintenance and overall supervision of the
Sebastian Municipal Airport and to designate such operator as the
Airport Manager of the Sebastian Municipal Airport.
The above minimum standards have been determined to be relevant
and reasonable by the Federal Aviation Administration as
evidenced by their letter of
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