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Home My WebLink About05061992 City of Sebastian pOST OFFICE BOX 780127 ~ SEI~,ASTtAN, FLORIDA 32978 TELEPHONE (,407) 589-5330 FAX 407-589-5570 woRKSHOP MEETING . SDAY, MAY 6, 1992 7:00 WEDNE _.~ CIL CHAMBERS_.~ u~'lY cOUN SEBAST~I~N, 1225 MA~N STREET, ALL PROPOSED ORD[Ni%NCES AND iNFORMATION ON ITEMS BELOW ~Y BE iNspECTED IN THE oFFICE OF THE cITY CLE~, cITY HALL, 1225 ~[N STREET, SEBAST[~' FLORIDa- 1. CALL TO o~DER 2. pLEDGE OF ALLEGIANCE 3. ROLL CALL 92.142 92.143 proclamation - Police week and Peace officers Memorial Day - May 11 - 17, 1992 and Friday, May 15, 1992 MaY 3 - proclamation - Municipal Clerk's Week - 9, 1992 wishing to speak is asked to go ~ Note: Anyone name and address for to the ~um and state his/her the record prior to addressing the council. 92. 144 92.145 92.146 92.147 92.148 92.149 92.1§0/ 91.272 92.152 COnsidered to Ail items on tho Consent agenda motion. ~herebe routine and Will be enacted b~ one Will be no Separate discussion ofare COnsent agenda items Unless a so requests; in Which member of Citg Council and acted Upon Separate%~t, the item Will be removed A. Request to Utilize Riverview Pa Political Rall Recommendation dated mmlSSion _ 4/16/92) 4/16/92, Trip~oz/~2 (Staff Letter dated B. Request for Yacht Club _ Alfr 9/5/92 _ 6 P.m. to Midni~ ~ e~.Webster _ Party _ - Security Paid ( ~h~ _ A/B - DOB Application) 4/14/34 C. Request to Remove of Indian Specimen Tree _ Paradise HOmes Block 358,River, /nc. _ Three Pines Sebastian Highlands Unit - Lots 1 & 2, Recommendation dated 11 Survey) 4/20/92, (Staff ApPlication, A. Richard and Judy LOUnsberry _ Community Information Guide (City Clerk Map and B. dated 4/27/92) Recommendation Macedonia Bapti Club or Teen st Church ~ R Services ,~..Center fo_ _ equest to 4/30/~0 ~Ulty Mana~__~_~emporarv W~__~se Yacht W/Attachment~ ° uetter ~_. _=~ua~on da~ ~¢eu 4/30/92 C. Richard HOlbroo 4/30/99 -l=~/w!'ml ($ta~ ~ harder _ ', "Olb ook/nu da S .... ~e~er) ted D. Tom Collins _ Request to Vacate a Portion North Central Avenue (Staff RecommendationOf 4/30/92, Collins W/Attachm~ - Letter. dated 4/29 - dated E. ~,,cs, FDOT NOt, ce dated 4~/92) Review Prepared Char Rec°mmendat~ ..... ter Ch -,~ -~ uated 4/30,~u=s {City Man - dated 2/10/92 W/Attachments) Y Clerk Memo ~z, Cit- - a~er Request to Vacate ~f-Way _ Lot ~ _a Thmrtv F~ ~ ~ecomme ~_~, Block 2 - ~ mrainage Ri n-~xon d~~ .... 22, Unit ~ ~ ght- dated 4/22/92, ~u~u 4/S0/92, Cit~,_~(Staff Maps) Letters dated 4/6/92, Conlisk J mn~&neer Memo 2 10. 11. 12. 9. MAYOR AND CITY COUNCIL MATTERS A. Mr. George G. Reid B. Mayor Lonnie R. Powell C. Mr. Frank Oberbeck D. Mrs. Carolyn Corum E. Dr. Peter R. Holyk CiTY ATTORNEY MATTERS CITY MANAGER MATTERS INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 13. 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.) ~' . a{~i~,%he ~eal of the O~ s~bas~ian :'] indian River CI~rR it' is _ gov~rr~efl~; '. %h~ oft'id~-, Bi thS p~o~am~ ~ ~, OBd tfli~ia~ive ~he '~Lc0un~: ~lOtida, this o~&tion ~.I~U,! government ifi~oZahatiOn maRing ot ,~o~§ .commufii%y. flaw upon §ta~e which id~ but ~hrouoh vest6d ~ppr~ciation /and t~ all )~£O~m ~nd ~hey represent. hahd and River CITY OF SEBASTIAN RENTAL PERMIT APPLICATION CO~HUNITY CENTEE YACHT CLUB y~ Name of Renter/Organization ~ Alfred Wp~b~ Number of Persona constituting group or organization: w/a Requested Dste ..... ~at~rda¥, Sept. 5, 1992 Time of Day: From ~r~ P_M_ TO l~Ofl P_M_ (~hb FUNCTIONB ARE LIMITED TO 6 HOURS) Please answer YES or NO: 1) Are kitchen facilities required? Yes 2) Are you a resident of Sebastian? Yes 3) Will decorations be put up? , Yes 4) Will there ba an admission Or door charge? No 5) Will alcoholic beverages be served? __~ (a) ~f answar to #5 ia yea - ~-/~-"~7/ pemittee'a proof of age 58 Years oi~ (b) If alcohol ia to be served, per~iaaion ia required b~ the Ci~ ~nc~l. ~Y~ur request will be presented to ~uncil Name of Po~ittee: Alfred C. Webster Address of Pe~ittee= P,o_ ~o~ 7~004~ Seba~ti~. Fl. 32978 Telephone No.= 589--RRTR Date of Applice~On Mske ch~cke p~y~ble to= CITY OF S~BASTIAN APPROVED/DiSAPPROVED Clerk TO BE FILLED IN BY CITY CLERK'S OFFICE Se~ur~y Deposit paid on ~/-/7-~l-(date) i- the amount ~00. ~-~ by Check } ~ or Cssh Rental Fee paid on (da~e) In ~he smoun~ of .by Check ~ or Cash tnittsl Alcoholic Beverage Request heard at the Council Meeting on (date). Request APPrOVED/DENiED. Fee waiver Request heard st the Council Meeting on (date). Request APPROVED/DENIED. Kay Pickup Date Key Return Date Security Deposit returned by City Check smount of on Amount kept for damages (if applicable). \ws-form\rentepp revised 3/3/92 in the (date). City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREES FROM PARADISE HOMES OF INDIAN RIVER, INC. Approved For Submittal By: City Manager ~~ Agenda Number: Dept. Origin: Community Development (BC~ Date Submitted: 4/20/92 For Agenda Of: 5/13/92 Exhibits: Application for Tree Removal dated 04/20/92 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Pursuant to the City Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant, Paradise Homes of Indian River, Inc. is requesting removal of three specimen trees on a property at 520 Periwinkle Drive (Lots 1 & 2, Block 358, Sebastian Highlands Unit 11). The trees are located in the proposed location for the house and driveway. RECOMMENDED ACTION Move to approve the removal of three pine trees over 20 inches in diameter located on Lots 1 & 2, Block 358, Sebastian Highlands Unit 11. CITY OI7 SEUASTI. hN / hPPhlCh'I'ION P__O_I_~ CbHfiRING liND [~__~L~_...o_v~b _,3~D/OU n~J,oc~'r.to~ oF TnggS ......... -- .... = = _-- =7¥7- =¥7- STREET ADDRESS: 520 Periwinkle LOT NO.: 1 & 2 BLOCK NO.: 358 UNIT NO..* ] [ Sebastian Highlands SUBDIVISZON: CONTRACTOi~: Paradise Homes of Indian River Inc' ADDRESS t P. O.:' BO~ ~IuuB28, ~Dast'ifih, ~'l~ ZIP: 32976~0628 PIIONE: 3-~-~ ~UB-CON'I'IIACTOI{: Faulkner & Sons Inc ADDIIESS: P.O. Box 1437, gebasti~n, FL ......................... --~.. 32978-1437" PIIONE .. 589-1647 I~EASON FOIl 7'IH.,] I'EItM.I,T: Lot ,~ __~q_._~f__~ ~.~ ) ~ , OWNER OF PIIOPEIITY: Jo~ ~ ~u ~n ~ nl)UlU~SS: _~~t~v~~9~_, ~ ZiP ~ 32822 PIIONE NO. :__~~5 I certify that all. tl~e £oregoin.g in£ormation is a~curate and that all work will be done in con, t:,l_ia~,ce with the Land IJeve.loli, lnent Code ( ArtJ_clc~ X].V ) S ig ua tu re APPLICATION HUST iNCLUDE: On a survey, locate all specimen trees (20 inch' dia,neteir or more). Indicate which trees to be removed and/or relocated. Indicate the species '.of each tree. All specimen trees {20 inch diameter or more) to be removed or relocated tnust obtain the approval of the Sebastian City Council, A survey indicatin~3 all improvements must be submitted in relation to the re,nova], of the specimen trees. ' Office Use Only SITE INSPECTION BY:~~~. APPROVED FOIl PEI{MIT: YES. NO: MUST OBTAIN C1TY COUNCIL APPROVAb.' YES: IF YES, DATE OF C.[TY COUNC1L APPROVAL: Applicant must tag all specimen'trees with arfiright ribbon around the tree approximately 6 feet above DA T~ ~q NOTE: All areas 75 [eet and witl~tn appear l~, I;e clear of wells DESCRIPTION Lots 1 and 2, Block 358, SEBASIIAN HIGHLANDS, Unit # 11, according to plat thereof flied in Ptat Book 7, pages 56, 56-A through 56-L, Public Records of Indian River County, Florida. c.~L~lflekTlO! :IU1¥~30! I ~ ¢~Tlrf that the ettechea i~ o! h~e7 et the hereon de~crt~ Clrtlfy t~t this tu~y meC~ the Winl~ Tech~Jcll gC~i~ds s~t forth In JAMES A. FOWLER LAND SURVEYING COMPANY 12~9 SOUTH U.S, HIGHWAY Na RO, BOX 1.677 - VERO BEACH, FL. I 4t171 ~R2-4744 SURVEYOR '$ NOT~"$: FItLD City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Community Map & Information Guide APPROVED FOR SUBMITTAL BY: City Manager: v~,~_ ~]~. EXPENDITURE REQUIRED: Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: City Clerk 4/27/92 5/6/92 AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT I recently submitted backup to you relative to a Community Map and Information Guide which I obtained from Richard and Judy Lounsberry, Community Map Company, while attending the Florida Association of City Clerks Conference in Tampa. The Lounsberrys will appear at the May 6, 1992 Workshop to field questions from City Council. Please refer to my memo dated April 14, 1992 and related backup. I have since received maps and directories from two other cities. The file is available should you wish to review it. RECOMMENDED ACTION Listen to the Lounsberry's presentation and determine whether a guide and map such as this would be beneficial to the citizens of Sebastian. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT= Request of Macedonia Baptist Church for Yacht Club or Teen Center Approved For Submittal By: · City Manager ///w~ Dept. of Origin= city Manager Date Submitted= 04/30/92 For Agenda Oft 05/06/92 Exhibits= - Rodgers Letter Dated 04/30/92 with attachment EXPENDITURE REQUIRED= AMOUNT BUDGETED APPROPRIATION REQUIRED= SUMMARY STATEMENT The Macedonia Baptist Church is requesting use of the Sebastian Yacht Club or the Teen Center for the purpose of holding worship services on Sundays in the next three (3) months. Resolution No. R- 89-20 regulates the use of the Community Center and Yacht Club. Section 7 of that Resolution contains prohibited uses and states, in part: "any admission fee, entrance fee, cover charge, food or beverage charge, or any other fee, charge, or donation associated with the use of the Yacht Club or Community Center must be approved by action of the City Council." I understand that requests by churches for the Yacht or Community Center have historically been denied. Teens Against Boredom have been granted use of the old library building and any use by any groups would need to be approved by both City Council and TAB. RECOMMENDED ACTION Review the request of the Macedonia Baptist Church. HISTORICAL MA~NIA B~°TIST GHURG'~ PASTOR: R~ RODGERS PHONE: 388007~ PREAGHING TH~ PURE WORD OF GOD April 30, 1992 Mr. RobbMcClary CITY MANAGER City Hall Dear Mr. McClary: We would like to petition for the use of the Teen Center or the Yacht Club for the purpose of holding worship services on Sundays from the hour of 10:30 a.m. to 12:30 p.m. It is necessary for the HISTORICAL MACEDONIA BAPTIST CHURCH to have a temporary place of worhip during the period while we are repairing and re- furbishing the little Church on Bob Circle. It is expected that we can accomplish this in 90 to 100 days. I understand the policy, but since this little Church is of value as an Historical Landmark having been built in 1907, Sebastian would gain by being of assistance in this effort. V/e~y truly~ours, ' ~ /" / / Pastor ~ey Rodgers , '.,/ RR:j Mifiister vvan'rs k.,or gregar or For Historic Baptist Church" By_ JAMES KIRLEY Sebastian Bureau Chief ~ 'A Lake Wales minister has . ari'ived in town, beginning a new chapter in the .struggle for own- · ership and restoration of the his- toric Colored Baptist Church of Sebastian. ~ The ramshackle building on Bob Circle reaches back in time to · :. before 1907, when its land was '. deeded for use as a church. That deed said it would revert to its original owners or their heirs if it ever ceased to be used as a house of worship. Later renamed the Macedonia i Baptist Church, it was used by Sebastian's black citizens as a . house of worship for most of this century. The bell that called its congregation to Sunday worship was once used to call slaves to a Louisiana plantation. But its congregation dwindled in recent years, some moving to the Melbourne ares. The 1990 Census placed Sebas- ~ tian's black population at 108. During the past five years, the church land has been the subject of: · A'purchase effort by the owner of surrounding property 0 Condemnation by the city ., S Restoration efforts by local historians $ A court-ordered mediation last fall. Also, the last trustee of the church has died and a Sebastian couple seeking to restore the church fired a white minister amid allegations that he harbored racist feelings. The Rev. Rumsey Rodgers, a Lake Wales Baptist minister, arrived this week. He must now build a congregation to renovate and fill the tiny structure. - Rodgers, his wife Margaret, and Juanita and Mervyn Hunnicutt are, so far, the only members of the newly named Historical Ma- cedonia Baptist Church. All four are white and Rodgers said their efforts to gather a con- gregation will be color blind. "I don't see color when rm wit- nessing to our doing our Lord's work," he' said. "The Lord said, 'Whosoever will come.' "We used to sing a little cho- rus,'' Rodgers said. "'Red or yellow, black or white, they are precious in His sight.'" The 100.foot by 100-foot lot on Wall Street Report Preas-Journ',l staff photo by James Kirley Pastor and Mrs. Rumsey Rodgers (from left) with Juanita .and Merv-, Hunnicutt at Historical Macedonia Baptist Church. which the crumbling church building sets is precious in a secu- lar sense, too. It is a small enclave on the western boundary of a large tract of land owned by Roger Skillman of Delray Beach. The enclave and irregular boundaries it creates have reportedly spoiled at least three deals to sell Skillman's.land. Skillman has been trying to get ownership of the propertv. His attorney offered $1,500 to'Mary Williams of Melbourne in 1987 to sell the church's interest in the land. Mrs. Williams was the last liv- ing trustee of the church. She died Christmas Day 1990. But not before talking to the Hunnicutts, who contacted her af- ter learning that Sebastian build- ing officials ordered the building be either restored or demolished. "Mary Williams entrusted this to Merv and me," Mrs. Hunnicutt said. "We promised her that we would make all efforts to reopen this as a house of worship. "She died, and that makes it. even more important to us to keep our word to her." Mrs. Hunnicutt said her and her husband's name appear on the' land deed, but that they will quit claim the property to Rodgers and his wife. The church has been proposed for nomination to the National Register of Historic Places. Rodg- ers said he hopes it will be possi- ble to apply for federal grants to restore the church. Mrs. Hunnicutt said a portrait. of Mrs. Williams will one day- hang in the restored church build- ing. Until then, the fledgling congre* gati,o.n plans to meet at the Hunni* curt s 701 Barber St. home. HALF DAY F HIHG City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST FROM RICHARD HOLBROOK TO LEASE PROPERTY LOCATED AT 1121 BARBER STREET Approved For Submittal By: City Manager ~' Agenda Number: ~'/~ Dept. Origin: C~q,~,m_unitv Development Date Submitted~ For Agenda Of: Exhibits: {BC )~ 05/06/92 Letter from Richard Holbrook EXPENDITURE REQUIRED~ AMOUNT BUDGETED: APPROPRIATION REQUIRED~ SUMMARY STATEMENT Mr. Richard Holbrook and Mr. Ron Huston are requesting the City Council to consider leasing the building and land located at 1121 Barber Street for the purpose of opening a Youth Center and Gym. If the City Council is inclined to lease the property for this purpose, staff has the following concerns~ 1. A licensed architect will have to review the existing building to determine the necessary remodeling and upgrades for the structural integrity, electrical system, plumbing and mechanical to ensure the building will meet all applicable codes. 2. Volunteer work may be performed but only by the auspices of a licensed contractor of that particular trade. 3. A site plan should be developed to indicate parking and landscaping. Porous parking may be utilized if the property is not used on a daily basis. RECOMMENDED ACTION Review the request. ~EF~ · qsbmstlan City Council Property Leasing I would first like to introduce oursslv-s to ye-. Hy .,~me is .iehard llolbrook. I am s building sngl. neer anal m re.I- dent of 9ebastian. Wy associate is Rca Hust0n , a pollen officer and also a resident. We are using this letter as a request to speak to tile Council at the Way 6, 1992 City #orkshop. O.r topic will be concerning the leasing of a parcel of proparty from the City. The property is located o- Ba,'bor Street adjacent to the ~ire Station~ its leqal doacrlptto. is Block 268, Unit 10. This property was owned by ~a.eraI .ev~lopm~nt, and was recently deeded over to the City along with several other parcels. Presently, there is a large metal buildin9 slt.at~d on o,e section of the property, it is this section In which we are mainly interested. We would like to lense this property from the City or ~o- bastian for the purpose of opening a Youth center/Gym for all children aged eight years and older. The main idea of the Center ~ouid be tO enable those youths who are not in- volved in baseball, football, or other proqrsms to have a place where they ess participate in various wholesome ac- tivities. This would give them an option to #han~lng out" ~n the Itteet corner looking for something to do. Aa l_a~.sut~ everyone knows, we currently have one gang names the "needban~ers.- Me believe this gro,p was formed .because theme kids have eo much anger that they don't ~now now to release it. we don't know all of the reanona for this anger, ~ut we are trying to offer an outlet [or their frustrations by providing the center. ~hat we would like to do is to draw these kid~, m~d all other interested kid~, into a gymna~i.a setting wh.r. they can, for example, learn to work with weiqhts, learn to box, learn to 'l~u~yBuild,- and ~imilar activities. ?he Csnt~r would house a bowing ring, and we would hops tlmt we ~ould b~qin an amateur bowin~ te~m. and ~rr~n~ m~t~h~ with other counties whiuh have sisil~r ~oal~ ~nd pro~rmm,. - 2 - Nost of our counselors would be, initially, off-duty police officers who live in Sebastian and are willinq to donate their time to the effort to help these kids and to build a batter relationship with them. Our plans include the construction of a basketball court which eventually could afford amateur competition with other counties, as i mentioned earlier with boxing. .We believe that this will afford our kids a sense of direc- tion and pride in their co~aunity, give them a feeling of belonging, and a location to associate with these positive attitudes. As Sebastian continues to grow, ~ore and more children will be moving into our area. if we do not give them something to do, eomethinq to be proud of, we are looking at major problems which are not really their fault. It will be our fault if we do nothing. When we bring our children into this world we want the best we can provide for them. In today's world, where both par- ents have to work to pay the bills, it's very difficult to find time to have a basketball game or play catch with our sons or. daughters. Since the Youth Center would be a community organization, volunteer help would be very important. The more people who volunteer to help, the ~ore we will be able to assist these kids to make a better life for themselves by giving them the tiBe and attention they deserve. ! have stated what Rom and I are willing to do. All we need is your support to help us build a safer community and make us even prouder of our children. Thank you very much for this opportunity to meet with you. Sincerely, Ron Huston SUBJECT: City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 Vacating Central Avenue Approved for Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda of gl z?Z 04-30-92 05-06-92 Exhibits: Collins Letter of 4-29-92 with attachments FDOT notice of Conceptual review dated 4-27-92 EXPENDITURE REQUIRED: AMOUNT BUDGETED: As City Engineer, I have reviewed Tom Collins~ request for vacation of a portion of Central Avenue and find it reasonable and beneficial without any adverse impact on the traffic flow pattern, utilities or storm water drainage system. From an Engineering standpoint and as collaborated by FDOT the vacation of this right of way will eliminate a safety hazard and improve public safety. Mr. Collins° letter states they have contacted their neighbors to the north and south and they do not have any objections to the vacation of the right of way as long as the sidewalk can be maintained between both properties. In addition, their boat storage operation would not be expanded and they have agreed to provide handicapped ramps and landscaping along U.S. ~1. The owners of Captain Hiram's would be fully responsible to pay all costs associated with the removal and improvements to effect the elimination of that portion of Central Avennue. They are also requesting a curb cut on U.S. $1 located approximately 100 feet from the Oyster Bay Resort entrance. They will maintain access to North Central Avenue to allow traffic to exit to Southbound U.S. Highway ~1. Move to direct the City Attorney to draft an ordinance to vacate and abandon that portion of North Central Avenue adjacent to Captain Hiram's. Capt. Hiram's SEBASTIAN I VLET MARINA Home of the 'World Famous' River Raw Bar Waterfront Banquet Facilities * Catering Service April 29, 1992 Mr. Robert S. McClary, City Manager City of Sebastian City Hall Post Office Box 780127 Sebastian, Florida 32978-0127 Re: Vacating Central Avenue Dear Rob, Enclosed please find schematic drawings of the existing and proposed alignment of Central Avenue where it intersects US#i in front of our property. As you know, the City CoUncil gave us a vote of confidence to pursue vacating this right-of-way based on the fact that it would eliminate a notable safety hazard and at the same time allow the property to be used in a more productive manner. You will note that we are requesting only one access off of US#1 along the 300 + feet that would front on the highway. The Department of Transportation has approved this plan and a letter is on its way, a copy of which we will provide to your office. We also intend to meet with Florida Power & Light to work out any necessary easements or .relocation of power lines. Any of this work would be at our expense. At this point, we have no specific plans for the property, however we are reviewing several options for a mixed use facility that would parallel the recommendations of the Riverfront Committee and hopefully provide a focal point of the Riverfront District. We would expect that the current GMC zoning or the proposed General Commercial Zoning would extend to this property, and of course, any of our plans would comply with the Land Development Code. I would stress that we do not want to extend our current boat storage facility onto this new property and would also agree to provide sidewalks with handicap ramps and landscaping along US#i. By Car: 1606 In~llan River Drive, Sebastian, FL 32958 By Boat: Marker 66 on the Intracoastal Waterway Phone: (407) 589-4345 FAX: (407) 589-4346 Mr. Robert S. McClary, City Manager April 29, 1992 Page 2 We have presented this plan to our adjoining neighbors to both the north and south, and they have expressed no objection. I would also like to point out that in addition to the traffic safety improvements, the City will receive additional tax revenue when the property is added to the tax rolls. Furthermore, including this property within our overall improvement plans will increase tax revenues, create more jobs, and enhance the tax base yet further when the property is completely developed. It is our understanding that this matter will be placed on the City Council Workshop agenda for wednesday, May 6, 1992. We will be available at the Workshop to explain and discuss this matter with Council and others. Until then, if you or your staff require more information, please contact either Dick Smith or me. We sincerely appreciate the City's continuing interest and cooperation. Very truly yours, Thomas H. Collins cc: Martin Carter Jim Hoffman Dick Smith 0 mm m I / / / /I / r- J~ Z i.o / m X STATE OF FLORIDA DEFARTNE~T OF TRANSPORTATIO~ NOTICE OF DEPARTNENT CONCEPTUAL REVIEW FINDX~GS TO: Hr, Thomas H. Collins Sebastta~ Znle~ Marina ~e Indian ~ve= Dr~ve Sebast~an~ F~ 329§8 section , ,$8010 State l~oad.. 5 DATE: . April 27, 19_92__ . ANTICIPATED CONNECTION CATEOORY: II CONCEPTUAL REVIEW NO; C88010-3086-92C County _I_ndi_an~Rive~r_~._: i~,P. Statlo~ Permlttea/Project Hame liar. Thomas H. Collin~/Capt.__.Htram'$ Sebastian In!~t-Harina Description _ C_10se a~ortio_~.of Nor~h..~,.entral AvenRe ~a.nd construct e driye~y~. ...... You have requested the Florida Department of Transportation to review the proposed connection to the State Highway Systa~ entlclpated by your development prior to i~Itlatln~ the application process in order to avoid unnecessary design costs and delays, The Departmen~ has completed this conceptual review o~ the proposed connection to State Highway anticipated by your development based on the site plan and information dated ltarch 18. ~9~2- ~,,__ and submitted to the Department on J i arch 20. !992, The Department's review £1nds that the connection(s) and'other proposed roadway alterations to the State Highway System aa proposed: ( ) Are consistent with Department location, spacing, and conceptual design standards; conceptual concurrence is given ~or · period of ( ) ( ) Are consistent with Department location, spacing, and conceptual design 'standards; conceptual concurrence iS:given subject to the conditions stated below for a period of 1 year Conceptual concurrence is denied for the.reasons stated below. Another conceptual review with the Department should be held prior to the &ubmlttal of a permit application for this site. Are undetermined at this time and the additional inforaatio~ is requested as attached, Upon receipt of the .requested information, the conceptual review will proceed. Subject tc~ CONDiTiONS/RBA~ON--S ~_c_o~s~r~c~l~n_~)lan.s.. 2) Detail stri~tn~ plans, '3) Bond for 100~ of c t of flor sta n De ai ons~ i n P This review does not co-stltute Department appro,al of the location, or desisn oi the connection to the irate llthw~y System as submitted i~ the conceptual review documents. Pursuant to lection 335.18, ~lo~ida Statutes and Rvle Chapter ii-96, F.A;C., prior to the inlti~tlon 'of construction of any c~nnection on Department right-of-way, a p~r=it lpplicatlo~ =ust be filed and ~pproved by the Department. TOTRL P. 02 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: Charter ~mendments Approved ForSubmittal By: City Manager ) Dept. of Origin: city Manager ) ) Date Submitted: 04/30/92 ) ) For Agenda Of: 05/06/92 ) ) Exhibits: - City Clerk's Memo ) dated 02/10/92 ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STaTeMENT Prior to the March 1992, general election, the City Council adopted an ordinance to remove a proposed Charter amendment from the ballot. This Charter amendment would have modified Charter provisions relating to municipal elections. Further, the City Council has discussed the method of selecting a Mayor from among the City Council rather than the Mayor being directly elected by the electorate. I have attached a memorandum from City Clerk, Kay O'Halloran which discusses some of these Charter provisions. RECOMMENDED,,,,,~CTION Review proposed Charter modifications and, if appropriate, direct the City Attorney to prepare the necessary ordinances to initiate Charter amendments. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 TO: FROM: SUBJECT: DATE: Robb McClary City Manager Kay O'Halloran~.~~ City Clerk Proposed Charter Changes February 10, 1992 First, the attached copy of the Charter relating to the election of Mayor from among the City Council members was "FAXED" by me to the City Attorney today. Second, the attached six pages are some of my thoughts on how the elections section of the Charter could be made more concise. Thank you for your attention to this matter. KO:3s attachment SEBASTIAN CHARTER ARTICLE IV. ELECTIONS* Sec. 4.01. Adoption of state election laws. Ail general laws of the State of Florida, relating to elections and the registration of persons qualified to vote therein which are not inconsistent or in conflict with the provisions hereof or the ordinance of the City of Sebastian, shall be applicable to all city elections. Sec. 4.02. Filing of candidate's oath; loyalty oath; fee. (a) Each candidate in order to qualify for election to the office of mayor or councilman, shall take and subscribe to an oath or affirmation in writing. A printed copy of the oath or affirmation shall be furnished to the candidate by the city clerk an~ sha~ be substantially in the foX,owen§ lo,me and shall cpmply with Sections 876.05-876.10, 99.021, Florida Statu~. STATE 8F FBSR~BA ~T¥ 8F SEBASTIAN Be~e~e mar an e~iee~ auehe=~-e~ ~e a~m~nis~e= ea~hs? bs~e~97 ~e me we~ kmewm; wh~7 ~e~ sw~7 says ~he~ he,she ~s a ea,d~da%e ~e~ %he e~ee e~ , ~he~ he,she ~s a me~a%~m~ ee e~ee~ems e~ ehe ~e~s~ee~e~ ef eAee~e~s~ ehe he,she e~ wh~eh e~ee e~ amy pe=~ ehe=ee~ ~ms ee~eH~em~ w~h %hs~ e~ ~he e~ee he,she seeks~ ~he he,she has ~es~me~ ~e~ amy 99=8AR7 Fke~e 8~e~H~es~ sm~ ~h8~ he,she h~s sH~m~%e~ e swarm ~e~ ~o ~he ~ime of ~e~i~y~ aB~ sinoe ~e ~as% p~eee~i~ Swe~ ~e en~ s~se~e~ ~e~e~e me ~9 .... e~ Se~as~enr F~e~e? eff_.i-ee~ aelm.i-e~-s~er.i-Rej each.-) (b) The oath set out in subsection (a) shall be filed with the city clerk at least forty five (45) days but no more than sixty (60) days prior to the eleCtion along with the payment of a nonrefundable filing fee to be set by ordinance of the council. City Clerk's comments: I am attaching a copy of the Loyalty Oath and the Oath of Candidate as submitted to the City Clerk by the Secretary of States office, Division of Elections. ..... .... LOYALTY OATH For C~ndlda~es for Public O[fice SecUres 876.05.8'~6.10o 9~.0~1. Florida S~m~ AGO 0~1-~9 STATE OF FLORIDA County I, . a citizen of the State of Florida and of the United Sgates of America, ..... and a candidate for public office ..... do hereby sole,~-ly swear or affirm that ti will support the Constigution of the United S~.ates and of the State of Florida. Signatu~ of Candidate OATH OF CANDIDATE (Section 99.021(1)(a), Florida Statutes) Before me, an officer authorized to administer oaths, personally appeared (Please P~4nt Name as you Wi~h it to Appear on the Ballot} to me well known, who, being sworn, says he is a candidate for the office of : that he is (Include Clrmi~. Distr/ct or Group Number) a qualified elector of County, Florida; that he is qualified under the Constitution and the Laws of Florida to hold the office to wh/ch he desires to be nominated or elected; that he has qualified for no 'other public office in the state, the term of which office or ~uy part thereof runs concurrent with the office he seeks; and that he has resilvaed/rom any office/rom which he is required to resign pursuant to Section 99.012, Florida S~amtes. Signature of Candidate Add~ss CiL~y State Zip Sworn to and subscribed before me tiffs day of (Si~nnmre of Officer Admin/s~g Oath or of Notary Public -- Stnt~ of Florida) (l~int, T~, ~r S~mp C~-~,~g~/~d Name of Nots~, Publ/cl Personally Known D OR Produced Identification Type of Identification Produced (F/la in Duplicate) ~-DE 25 Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of councilman or the mayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law or forfeiture of his/her office. (b) Forfeiture of office. A councilman or the mayor shall forfeit his/her office if he/she: (1) Lacks at any time during his/her term of office any qualification for the office prescribed by this Charter or by law; (2) Violates any express prohibition of this Charter; (3) Is convicted of a crime involving moral turpitude; or (4) Fails to attend three (3) consecutive regular meetings of the council without being excused by the council. (c) Filling vacancies. A vacancy in the office of mayor or councilman shall be filled at a special election for th~ remainder of the unexpired term; provided.~, if such vacancy occurs not more than one hund'~ed eighty (180) da~s before the date of the next regular election_u, the city council ~ appoint a person ~ the qualifications of councilman to ~ such office for the remainder of the un~ptred term. Sec. 4.03. Special municipal elections to elect elective officers. A special municipal election for the purpose of electing any elective officer to fill a vacancy or vacancies in any such office on account of death, removal, re-~tgnatton or other cause, shall be held in the same manner as a regular election. The Mayor shall call the special municipal election b_y p_roclamati~n. Such Rroclamation shall specify the length of the unexpired term or terms to be fill~ and the time of taking office of the elected office~...~ which officer or officers shall hold office until their successors, elected in regular municipal elections~ shall take office. ' .... "" City Clerks notes: As you can see 2.08 (c) Filing vacancies and 4.03 Special elections are redundant. The City Attorney has suggest and submitted the following for the March 10, 1992 election. 3 Sec. 2.08 .(c) Filling vacancies. "In the event that the office of th---~--Mayor or any council member becomes vacant before th~ e--~iration of the term of such office~ the City Council shall~ b_~ majoritY vote' of th----~ r-~mainin~ members of the City Council, appoint a person havin~ the ~ualifications of the council member to occupy such office; provided, howevern that such person shall serve onl~until the next regular municipal election for the Cit_q~jf~ If the term of the vacant office being filled by the City Council' does not expire at the next regularly scheduled municipal election for the City, the electorate of the City shall elect a successor t---~ fill the vacant office unt--~l such~time __as the term of said of-~ice exprir-~s and a successor qualifited and is elected." This change to 2.08 (c) Filing vacancies would also be applicable to 4.03 Special elections. Sec. 4.05. Calling an election by All elections shall be called by proclamation of the mayor issued not less than thirty (30) days before such election and shall be conducted except as otherwise specifically provided, under the provisions of the general election laws of the state, when not inconsistent with the provisions of this Charter. Should the mayor fail or refuse to call any election in due time, the city council shall do so by resolution. Sec. 4.05. Calling an election by proclamation Should the operative word in this title be resolution as opposed to proclamation? Sec. 4.06. Election precincts and polling places; city to designate. · he ei~y ee~ei~ by ~ese~U%ien sha~ have %he ~i§h~ ~e establish e~ee~en ~ee~ne~s end ~e~n~ p~eees and des~§ne~e ~he num~e~ ~eu~de~es and ~eee~e~ o~ same~ ~e~ the ho~d~§ o~ a~y en~ e~ mu~e~e~ e~ee~e~s? Such e~eet~en D~ee~nets en~ De~§ D~eees se ees~§nete~ may ~e ehee§e8 ~em ~me te ~me ~ ~ese~t~en e~ ~he e~y ee~ne~? A~sen~ such e ~es~§~e~ee ~ ~he ee~ne~r ehe De~n§ D~eee she~ ~e the Sebastian Semmun~ey Florida Statute (1) Use of system by municipalities, states: (1) The board of of county commissioners, with the concurrence of the supervisor of elections, may arrange the boundaries of the precincts in each municipality within the county to conform to the boundaries of the municipality, subject to the concurrence of the governing body of the municipality, etc., etc., Perhaps just a_reference to this statute number and section would be permissible{ Sec. 4.07. Elections--How arranged; inspectors and clerks. 4 · he e~y eeune~ sha~ make a~ BeeesssFy $~maB~emeB~s he~B~ a~ e~t~ e~eee~eBs an~ sha~ ~ee~a~e She ~esa~ts · he ~y 9eane~ sha~ a~e~a~ ne% ~ess ~haB three ~@~ ~ns~eete~s sha~ adept e ~ese~utLen u~ea the eS au e~eet~ea? the~eLa where the seme she~ be he,a7 aba aemLa§ the e~Lees te ~e ~e~ e~ ~aestLeas te be ~eeLae~7 eaa she~ ee~se the aetLee eS e~eet~ea te be ~ab~Lshea eaee eeeh week ~e~ eeasee~tLve weeks ~eeea~a§ the aay eS e~eetLea LB e Bews~e~e~ ~b~shea La the eeaaty er te be ~estea Ln ~h~ee ~@~ ~eees LB the eLtyr the ~L~St ~ub~eat~ea e~ ~est~n§ te ~ess then ten ~9~ ~eys ~Le~ te the The City Attorney has proposed the following for Sec. 4.07. Elections--How arranged; inspectors and clerks. The City Council, in conjunction with the City Clerk, shall make all necessary arrangements for holding all city elections and shall declare the results thereof. The City Council shall adopt a resolution, upon the calling of an election, stating therein where the same shall be held, and naming the different offices to be filled, or questions to be decided, and shall cause the notice of the election to be published in accordance with State law. Sec. 4.08. Same--Canvass of returns; certificates of election. the e~e~k earl mahe~Lty eS the Las~eete~s eS e~eetLea? on ee~y bela§ ae~ve~ea by sueh e~e~k aaa LBs~eete~s te the meye~ aba the ethe~ te the eLt~ e~e~k beth e~ whem she~ t~easmLt saeh ~etu~as ~e ~he eLty eeaaeL~ ~he eLty eeaaeL~ sha~ eeavass the ~etu~asr eaa the ~esu~t es shewa by sueh ~eta~as she~ be by the eLty eeuaeL~ aee~a~ea te be the ~esu~ts eS the e~eetLea? aaa eate~ed LB the mLaates eS the meetLa§? (M~~&~ wording was proposed by the City Attorney) (a) When the municipal election is not held in conjunction with the county election and the ~ canvassing board is not in session then the ~ Clerk shall appoint a City Canvassing Board to be composed of three (3l individuals; one (1) member shall be the City Clerk and the remainin~ two (2) members shall be appointed b_~ the City Clerk. The ~ Clerk shall act as chairperson of the City Canvassing Board. (b) When a ~ Canvass~n9 Board has been constituted~ ~he ~ Canvassin_q Board shall meet at a place and time ~nated by .the chairper~.o~gA a_~s soon a_~s practicable after the close of the polls of ~ municiPal election invo%vi.n9 the ~ at which time_~, the City Canvassing Board shall proceed t~o publicly canvass the absent absentee electors' ballots and then publicly canvass 5 the vote as shown by the returns then on file in ~he office of the Supervisor of Elections for Indian River County, Florida. The City Canvass--~n~ Board shall predate and sign a certificate containing the total number of votes cast for eac~ person or other measure voted on. The certificate ~hall be placed on file with the ~ Clerk. (c) The City Council shall hold a special meeting on the first Mon_9~ following the election for the purpose of receivin~ t--~ ~ertificate of the canvassing of the returns b~ the (c---~nvassing board of Indian River County, Florida) or the City Canvassing Board~ a__s the case may be. The Cit3f Council shall then declare the results of the election and enter them in the minutes of the special meeting:.. Any oath of office required to be administered to ~e ~ elected mayor and council members ~ b__e administered at such special City Council meetint or at the next City Council meeting where the newly elected ~or or council members are in attendance. Here again Sec. 4.08 (c) and Sec.2.04. Terms. seem to duplicate special meeting following the election. Sec. 2.04 (b) reads as follows: (b) The terms of the Mayor and Councilmen shall begin at 7:00 p.m. the Monday following the election at a special meeting to be held for the purpose of swearing in such newly elected officials. If a regular council meeting is to be held the Monday following the election, the newly elected officials shall be sworn in at the conclusion of such regular meeting. CHARTER § 302 ARTICLE ill, CITY COUNCIL Section 301. Composition; Eligibility; Elec- tion aud Term~ of Office. , a. Composition. There shall be a City Council of five (5) members, one member elected from each of the five (5) districts within the City. Each Coun.. cilman and candidates for Councilman shall be elected at large and be a resident of the district in which they are elected. The candidate receiving the greatest number of votes in a district ~hall be elected. Voters shall vote for only one candidate in each district. b, Eligibili~. Only qualified voters of the City, who have been residents of the City for a min- imum of twelve (12) months prior to filing as a candidate for office, shall be eligible to hold the office of Councilman. c. Election and Terms. The regulax election of Councilmen ahall be held in accordance with State of Florida Law on the second Tuesday in March in years when the councilmen's terms have expired. Commencing with the elections in March, 1992, two (2) Councibuen shall be elected, one from districta A and D for three (3) year terms. Commencing with the elections in March, 1993, three (3) Councilmen shah be elected, one from districts B, C, and E for three-year terms. 2. Councilmen elected in a duly certified elec- tion shall be seated at'the next regular ~cheduled Council meeting or a specie sion called for by the incumbent Mayor or City Manager. 3. A£ter the seating of newly elected Coun- cilmen,'or, in years whore there are no newly elected Councilmen, the first regu- larly scheduled Council meeting subsequent to the Second Tuesday in March, the new or existing Council shall, am the first order of business, reorganize, to wit: ~ ke.~~r in his absence the '~$k.-- fo~' nomi.n-- ati~n~ ati ns' have been made and each nomination is duly seconded, the nom- inations shall be closed. The City. Clerk shall then call the roll of Council members Supp. No. ~,, Rev. and each Councilman shall cast an affirma- tive vote for the Council member of their choice. The Councilman that receives a rna- ,,, in the ority of tile votes east on the first ballot, ballot;lng with sequential roll calla shall continue until one Couneihnan receives a majorikv vote_ Councilmen shall not nominate them- selves but they may see~na:~ '~ly elected Gouncilmen shall be eli- gdbte for the office or .M~ay~ except that the incumben-i~F~.ay--~, if having served a fu}l term, s.~ u successive to'tm as Mayor. 4. 1£ there is no Mayor or Vice Mayor seated on the new or existing Council, a tempo- fury. Council chairman may be elect~l from the incumbent members for the purpose of electing a Mayor as set forth above. 5_ In the event there is only one nomination and second for Mayor, the nominee shall be seated as Mayor. Tile Mayor shall call for nontinations tbr .~ and election o~.[_Vic~eb h_e..d usin the sa.me ~~a~; election o~ ~Ref c~; Ref. ~of .3~1.2:91) Section 302. C~eral Powers and Duties. a. The Mayor shall preside at all Council meet- lugs, except in such cases where the Mayor is not in attendance. In such cases the Vice Mayor shall preside. In the absence of the Mayor and Vice Mayor, the members present shall elect a tempo- rary chairman to preside at the meeting. b. All powers of the City shall be vested in the Council except as otherwise provided by law or this Charter. c. Three (8) Council members shall be consid- ered a quorum, and may do business for ~he City and may carry out all functions according to the ]aw az if all members were present. A minimum ..-of three {3} alYtrmative votes shall be required for all actions undertaken by the City Council. d. The Mayor shall have the power to set the date and location for regular meetings as pro- 302 COCONUT CREEK CITY CODE vided by law, and call special sessions as pre- scribed by law and this Charter. e. The Mayor shall act as ceremonial head of the City Government, (Ref. of 11-6-90) ' Section 303. Prohibitions. a. Holdin£ Other Office Except a.s Authorized by Law. No 'Councilman shall hold any office in tttis City (other th~n Mayor or Vice Mayor) o,' serve as a City employee during the term lbr which he is elected to office. h. Appointments and Rem, ovals. Neither the Core, cji nor any of its members shall in any man- ner dictate the appointment m' removal of any person whom the City Manager i~ empowered to appoint, but the Council may express its views and freely discuss in session with the City Man- ager anything pertaining to appointment and re. moral of ~uch person. c. Interferon'ce with Administration. Except as provided in thi~ Charter with respect, to investi- gations, the Council and its members shall deal with persons who are subjec~ to the CiW Manager solely through the City Manager and neither the Council nor its members shall give what may be deemed to be orders to any such persons, either publicly or privately, Neither the Council nor any of its members shall in any manner change or modify any administrative systems, procedures or methods installed and/or implemented by the City Manager or his appointed City offlcer~ and employees, but the Council may expres6 its views fully and freely on such matters and may openly discuss with the City Manager anything relevant pertaining to suggestions for the change or modi- fication thereof. Section 304. Vacancies; Forfeiture of Office; Filling of Vacancies. a. Vacancies. The office of Councilman shall become vacant upon his death, resignation, re- moval from office in any manner authorized by law or forfeiture of his office. b- Forfeiture of Office. A Councilmm~ abM1 for- felt his office if he (I) lacks at any time during hi~ term of office a~y qualification of the office pro- scribed by rids Charter or by law (.2} violat.e~ any express ~rohibition o1' this Charter, (3) is con- victed of a felony, (4) fails to at~end three (~) con- secutive regular meetings of the Couneil without being officially excused by the Council, or (5) fails to remain a resident of the district from which elected for tbs entire term of office, c. Filling of Vacancies. A vacancy on the Cou~cll shall be filled in one of the following ways: 1. If a vacancy occurs more than ninety (90)' days before the next regular City election, the Council, by majority vote of the remain- lng members, ~hall'apl>oint a qualified per. son to fill the vacancy within thirty days of its occurrence. Said appointee shall serve until the next regular City election and be a resident qualified voter of the same district in which the vacancy has occurre~l. Said appointee shall fulfill the re- quirements o£ Section 301('o). 2. If the Council fails to appoint a Councilman. within thirty (30) d~ys of the occurrence of the vacancy, an election to fill said vacancy ~hall be held no sooner than sixty (60) days and no la~er th~n one hundred twenty (120) days of said vacancy. The Councilman elected to fill the vacancy shall so,we for the unexpired term of office and shall bca resident qualilied voter of the ~ame district in which the vacancy has occurred. ~aid appointee shall fulfill the requirements o1' Section 301(b). If tile vacated Council seat is that of the Mayor or Vice Mayor, upon appointment of the new Councilman, the Council shall elect one of their members to hold the position so vacated. (Ref. of 11-6-90) ~ection 305. Judge of Qualifications. Tbs Council shall be the' judge of the election and qualificatio~s of it~ member~ and of the g~,o~mc~s 9upp. No. 5. Rev, C~.~V{TER for forfeiture of their office and for that puypoae shell have power to subpoena witnesses, adminis- ter oaths and require the production of evidence. A member charged with conduct constituting grounds for ~orfeiture of his office shall be enti- tled to a public hearing on demand and to be represented by counsel and notice of such hearing shall he published in one or more ~ewspapers of general circulation in the Ci(y at least one week § 3o~ Supp. No. 5, Re,,,. 6.1 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Vacation of Drainage) Right of Way Lot 12 ) Block 222, Unit 8 ) Approved for Submittal By: City Manager Agenda No. Dept. Origin Date Submitted 04-30-92 For Agenda of 05-06-92 Exhibits: Memo City Engineer dated 4-22-92. Letter from Owners and Sketches EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY As City Engineer, I have reviewed the request for vacation of a drainage right of way for Charles J and Mary E. Conlisk, owners of Lot 12, Block 222 Unit find their request reasonable as indicated in my memo. The right of way will be divided from the center of the tract and distributed to all adjacent property owners. Move to direct the City Attorney to draft an ordinance to vacate and abandon that portion of drainage right of way adjacent to lot 12 Block 222 Unit 6. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 ,.)A_, E' TO: FROM: RE: April ?~ 199.2 Robb Mc~zary City Manager. ~~ Daniel C. Ecki~ City Engineer/Public Work~ Director Drainage Right of Way Vacation, Lot --,~° Block 222, Unit 8 As City Engineer I have reviewed the request, from Charles J. and Mary E. Con!isk requesting the abandonment of a 30 ft drainage right of way adjacent to their lot, and find their request reasonable for the following reasons: i. The right of way is shown on the recorded Plat for unit 8 of Sebastian Highlands, however, the drainage master plan for unit 8 as prepared by John S, Bristle and Associates, inc., Consulting Engineers, 7200 Coral Way, Miami, Fl, does not show that there is a drainage right of way nor is it used as part of the drainage conveyance system, see enclosed copies. 2. The drainage plans indicate that the swales along Landsdowne and Biscayne Lane provide adequate drainage for block 222. 3. The system has been constructed in accordance with the master drainage plan withou't a drainage ditch constructed within the right of way. It is my opinion that this drainage right of way serves no purpose, that is located at the top of a divide,, that. the system that ia'. existing is adequate to handle the drainage in the area and therefore can be abandoned with out any detrimental consequence to the City or impact to the drainage system within this area. Con!isk.doc CO: }'ir. ~ruce Cooper .Bull_ d~ng Commissioner ~ o£ Sebastian, Florida From: Charles J. & Mary E. Conlisk 61-43 Palmetto Street Ridgewood, Queens, N.Y. Subject. Request for Abandonment of 30 Feet of Right of Way on Lot 12 Block 222 Unit 8, Sebastian Highlands, Sebastian, Florida We are the joint owners of the above listed lot. Recently we lost an opportunity to sell this lot due to confusion in regard to the right of way waich at this time apparently reduces the useable portion of the lot to less than 10,O00 sq. ft. As shown on an existing survey the dimensions of Lot 12 Block 222 Unit 8 in ft. are: Front 99+, Rear 85, North side 100 and South side 122+. City Engineer Dan Eckes has confirmed that the existing d:.~aina:e ditch is no longer required. If approval o£ abandonment of 30 ft. right of way request is granted, a new survey for Block 222 units concerned will be given to the city. We will appreciate any help you can give us in this matter. Mr. Henry Dolan a homeowner in Sebastian has been designated as representative of us in 'this matter. ',-.- Z¥ 6!-~3 P~lmetto Street i~£dgewood, Queens, I~'.Y. 11385 L~pril 6, 1992 ¥ir. Bruce Cooper Building Commissioner City of Sebastiaz~, Florida Dear Commissioner Cutter, This is to advise that Henry Dolau who resides at 444 Ponoka Street, Sebastian, Florida has been designated by us as our representative in Sebastian regarding our request for abandonment of 30 feet right of wa: on Lot 12 Block 222 Sebastian Highlands, Unit 8~ Sebastian, Florida. Yours truly, ~..~..~..~ / L~ ..... ' ........ J GENERALDEVELOPMENT CORPOR,,~: .... III l .... P~VING ~ ....... ll'lll ~cW~IONS ~:~"l"~ ' I [~'~ ......... L'I