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Home My WebLink About07081992 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 AGENDA SEBASTIAN CiTY CO CIL REGULAR MEETING WEDNESDAY, JULY 8, 1992 - 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 INVOCATION - Reverend Carl Merola, Jr. - St. Elizabeth Episcopal Church 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS).- Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). 6. PROCLAMATIONS ~ ANNOUNCEMENTS 7. PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation Public Input * Staff Summation * Mayor Closes Hearing * Council Action 92.187 92.152 92.150 Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. ORDINANCE NO. 0-92-11 - Creative Playground Open Hours - Sunrise to Sunset AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO PUBLIC PARKS AND PUBLIC RECREATIONAL FACILITIES; AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 18-1 TO REDUCE THE HOURS THAT THE CREATIVE PLAYGROUND PUBLIC RECREATIONAL FACILITY IS OPEN FOR PUBLIC USE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR iNCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/27/92, 1st Reading 6/17/92, Advertised Legal Notices 6/24/92, Public Hearing 7/8/92) ORDINANCE NO. 0-92-12 - Vacation of Drainage R.O.W. AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN DRAINAGE RIGHT- OF-WAY LOCATED ON LOT 12, BLOCK 222, SEBASTIAN HIGHLANDS UNIT 8, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 9, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, NEAR THE INTERSECTION OF BISCAYNE LANE AND LANDSDOWNE DRIVE, IN THE CENTRAL PART OF THE CITY; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/6/92, 1st Reading 6/17/92, Advertised Legal Notices 6/24/92, Public Hearing 7/8/92) ORDINANCE NO. 0-92-13 - Vacation of a Portion of North Central Avenue Right-of-Way AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF THE CENTRAL AVENUE RIGHT-OF-WAY LOCATED EAST OF U.S. HIGHWAY. i, ALSO KNOWN AS STATE ROAD 5, WEST OF INDIAN RIVER DRIVE AND NORTH OF MAIN STREET; PROVIDING FOR THE PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY EASEMENTS; PROVIDING CONDITIONS; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 2/5/92, 5/6/92, 1st Reading 6/17/92, Advertised Legal Notices 6/24/92, Public Hearing 7/8/92) 2 92.181 D. ORDINANCE NO. 0-92-14 - Airport Manager 92.186 92.197 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING CHAPTER 3.5 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 3.5-4 (a) TO REMOVE THE REQUIREMENT THAT THE AIRPORT MANAGER BE AN EXISTING FIXED BASED OPERATOR; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 6/3/92, 1st Reading 6/17/92, Advertised Legal Notices 6/24/92, Public Hearing 7/8/92) ORDINANCE NO. 0-92-15 - Adopting Water and Wastewater Utility Rates AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING WATER AND WASTEWATER UTILITY RATES; ADOPTING A FEE IN LIEU OF FRANCHISE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEES; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 6/17/92, Advertised Legal Notices 6/24/92, Public Hearing 7/8/92) PUBLIC INPUT ON AGENDA ITEMS CONSENT AGENDA - Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 6/24/92 Regular Meeting RESOLUTION NO. R-92-29 - Vacation of Easement - Stevenson (Staff Recommendation dated 7/1/92, R- 92-29, City Engineer Memo, Application, Survey) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE WEST 2.5 FEET OF LOT 12, 13 AND 14, THE EAST 2.5 FEET OF LOT 23 LESS AND EXCEPT THE NORTH 25.83 FEET OF THE WEST LOT LINE OF LOT 12 AND .5 FEET OF THE SOUTH PORTION OF THE NORTH 2.5 FEET OF LOTS 22 AND 23, BLOCK 2 EDGEWATER PARK SUBDIVISION ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 1-23, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 3 92.198 92.199 92.200 92.201 92.202 92.203 10. 11. 12. 13. 14. C. Accept Deed of Easement to City from Paul and Hazel Stevenson (See Staff Recommendation for Item B) D. Receive Code Enforcement Orders - 92-6500 (Fischer), 92-6735 (Manfre), 92-6132 (Benham), 92-6345, 92-6348, 92-6418, 92-6436 (Sturm) E. Request for Community Center - Party - 8/29/92 - 5 p.m. to 11 p.m. - A/B - Permitte DOB 2/27/28 - Security Paid (Application) F. Bid Award - Lake Street Construction - Indian River Contracting Corporation of Winter Beach - S3,215 (Staff Recommendation dated 6/30/92, Bid Tabulation) G. Bid Award - Tagalong Equipment Trailer - Custom Trailer, Inc. of Griffin, GA - S5,661 (Staff Recommendation dated 6/30/92, Bid Tabulation) PRESENTATIONS - None MAYOR AND CITY COUNCIL MATTERS A. Mrs. Carolyn Corum B. Dr. Peter R. Holyk C. Mr. George G. Reid D. Mayor Lonnie R. Powell E. Mr. Frank Oberbeck CITY ATTORNEY MATTERS CITY MANAGER MATTERS COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING AND ZONING COMMISSION 1. Flagpole in Right-of-Way - 425 Ponoka Street (P & Z Recommendation dated 6/29/92, P & Z Memo dated 6/29/92, Muenckler Letter dated 6/4/92) 4 15. OLD BUSINESS 92.076 Bid Award - Community Center Flooring - Jerry Smith Tile of Sebastian - $6,150 (Staff Recommendation dated 6/30/92, City Engineer Memo dated 6/25/92) 92.197 Publish Agendas (Sebastian Sun Letter dated 6/30/92) 16. NEW BUSINESS 92.204/ 91.339 Az Street Improvement Program - Request Modification (City Manager Recommendation dated 7/1/92, City Engineer Memo dated 7/1/92) 92.101 Bid Award - Disposal of Contaminated Soil at Central Garage - Resource Recovery, Inc. - S47,990 (Staff Recommendation dated 7/1/92, City Engineer Memo dated 7/~/92) 17. 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) 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.) Henry P.i cher Inc. Land Clearing ,, Top Quality Fill P. O. Box 780068 Sebastian, Florida 32978-0068 (407) 589-3159 July 8, 1992 Mr. Robert M¢Clary, City Manager CITY OF SEBASTIAN P.O. Box 780127 Sebastian, Florida 32978-0127 RE: Vicks_rs Sand Mine Dear Robb: In responso_ to your lett~-r of July 7, 1992, regarding the modification to the 1992 Street Improvement Program, listed below are the answers to your question~. I) A loaded sand truck weighs from 30,000 pounds to 65,000 pounds maximum. A £oaded garbag, e truck weighs 52,000 pounds full (rear loader) and 57,000 pounds full (front loader). A loaded block track weighs 80,000 pounds. Additionally: Moving Van Lamber Truck Roofing Truck Steel Truck Well Drilling Truck Truss Truck 80,000 pounds 80,000 pounds 65,000 pounds 80,000 pounds 40,000 pounds 50,000 pounds There can be anywhere from 0-100 loads of sand moved daily from our pit. The majority of Henry Fischer ~ Sons, Inc. trucks and all trucking companies that we supply haul to Barrier Island, and do not go into the City of Sebastian. Henry Fischer ~ Sons, Inc. has a private road leaving the pit which extends to County Roa.d 99th Street. Eighty per cent (80%) of the trucks proceed South on U..S. ~i to Barrier Island or Vcro Beach. Only a small percentage of our trucks go into Sebastian and most of that percentage proceed down County Road 512. Mr. Robb M¢Clary Page 2 July 8, 1992 4) As to the life cycle of the Vickers Pit, this lif~ cycle can range anywher~ from 8 years to fifteen years. This life ¢y¢I~ depends on s~v~ral factors - the economy, number of other pits in the area, etc. As you know, we are also constructing a sub- division in conj~n.ction with this pit. The life cycle of this pit also relates to the number of lot sal~s in Sebastian, which we know In conclusion, if roads are corrected constructed, and built to D.O.T. standards, trucking will have no effect whatsoever on them. Henry Fischer ~ Sons, Inc. trucks are checked and maintained on a regular basis by the D.O.T. through weighing, checking of tarps, lights, brakes, etc. Our trucks consistent£y far ~xceed the standards set by the D.O.T. · Additionally, our trucks are maintained daily by full time mechanics employed by Henry Fischer ~ Sons, ~nc. Any trucking by Henry Fischer ~ Sons, Inc. is a minor part of the movement on these roads in the City of Sebastian. If you were to stand on the corner of Barber Street and County Road 512 and count 1,000 vehicles, you might count one Henry Fischer ~ Sons, Inc. vehicle in that time span. The majority of the trucking going on within the City of Sebastian exceeds any weight of a Henry Fischer ~ Sons, Inc. vehicle. HAF:sf ct: Fil~ Sincerely, Henry A. ~ischer, Presiden~ WOODY'~ PAPI~R & PRINT 1636 North Central Avenue Sebastian, Florida 329.58 407 - 388-3238 · Fax 407 - 589-3966 Sebastian City Council July 8, The undersigned are the owners of Lot 3, Block 1, Indian River Hills Subdivision, which property fronts on North Central Avenue in Sebastian, and upon which is situated our business, known as Woody's Paper & Print. The recent acquisition of this property, it's renovation and ultimate occupancy was accomplished through much monetary, physical and mental expense. Even though we are not located on U.S. 1, we are grateful 'that we have some exposure to U.S. 1 traffic by virtue of the view allowed from North Central's linkage Ii;o U.S. 1. Since this area is zoned commercial, surely the City must expect further commercial growth in this area~ and thus, added tax base. It is very disillusioning, to say the least, to learn that the members of the City Council are contemplating abandonment of a portion of land which belongs to all of the taxpayers, bestowing its ownership to one taxpayer for his personal gain. Because of a medical emergency in our family, we have not had the opportunity 'to pursue this matter in the conventional manner, and ask that you give more thought to the consequences of your actions in this matter. If closure of the access as now exists becomes mandatory by the I).O.T., then surely the City of Sebastian and ihs citizenry should benefit from ownership of this parcel for the good of all. From our personal observation since occupying the property at 1636 North Central Avenue, traffic flows smoothly and heavily, except for patrons of Oyster Pointe and Captain Hirams who make confused attempts to enter and exit in the wrong direction. Perhaps a better move would be to correct the ingress and egress routes from these areas. R,espectfully s ~bm i t_t.e,d, ~ames R. Woodworth_ Shirley B. Woodworth City of Sebastian POST OFFICE BOX 780127 [::::1 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: RE: July 8, 1992 Mayor Powell, City Council Members, City Manager, City Manager, Department Heads, Press Kathryn M. O'Halloran City Clerk 7/8/92 Agenda Item Re: Publish Agendas Please amend your agendas for 7/8/92 by changing the agenda number for the above referenced item to 92.205. The number 92.197 was inadvertently given to that item in addition to the Stevenson vacation of easement. sam 456 Po.o~a Street Sebast~a.. F~. 32958 Ju~y 2, 1992 Pho.e: 589-6897 Robert N. Nirho~so. Code E.forrem¢.t Officer City of Sebastia. P.O. Box 780127 Sebastia., F~. 32978 Case #9246750 Lot 8, B~oe~ 121, U.it 4 S/H Robert N. Nirho~so.: Re your ~¢tter of Ju.e 3, 1992, advisl.g ~e to remove my f~ag po~e fro~ the right-of-way i. fro.t of ~y reside.ce, 456 Po.o~a Street, Sebast~a.. Ki.d~y be advised ~hat this f~a~ po~e h~s ~e. removed. ~sid¢.~s who ~iu¢ o. Po.o~a Str~¢~, or th~ City of Sebastia.! I appreciate your efforts to improve the ap~eara.¢e of Sebastia.. Therefore. I fee~ t~at ~ ¢itlze.s should comply. await your a.swer. Job. F. K.ipper ORDINANCE NO. O-92-LL ~N ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDa, PERTAINING TO PUBLIC PARKS AND PUBLIC RECREATiONaL FACILITIES; AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 18-1 TO REDUCE THE HOURS THAT THE CREATIVE PLAYGROUND PUBLIC RECREaTIONaL FACILITY IS OPEN FOR PUBLIC USE; PROVIDING FOR REPEALOF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINP~CES; PROVIDING FOR SEVER~BILITY; ~NDPROVIDING FOR ANEFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEEASTIAN~ INDIAN RIVER COUNTY, FLORIDa that: SECTION 1. Section 18-1 of the Code of Ordinances of the City of Sebastian is hereby amended in its entirety to read as follows: "Sec. 18-1. Open hours. (a) Except as specifically provided by in subsection (b) of this Section 18-1 or as specifically set forth by Resolution of the City Council adopted from time to time, or unless special permission is granted by the City Council on a case by case basis, all public parks and public recreational facilities operated by the City shall be open to the public from one-half hour before sunrise until 10:00 p.m. (b) The Creative Playground public recreational facility, located at Barber Street and Tulip Street, shall be open to the public from sunrise until sunset, unless special permission is granted by the city Council on a case by case basis." 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 Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the words "ordinance" may be changed to "section", "article", or other appropriate designation. SECTION 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any Dart 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 take effect immediately upon final passage. 2 The foregoing Ordinance was moved for adoption by Council Membe~ . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Peter R. Holyk Council Member George G. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1992. CITY OF SEBASTIAN, FLORIDA ATTEST: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1992, 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 ORDINANCE NO.: 0-92-12 ]tN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN DRAINAGE RIGHT-OF-WAY LOCATED ON LOT 12, BLOCK 222, SEB~TIAN HIGHLANDS UNIT 8, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 9, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, NEAR THE INTERSECTION OF BISCAYNE LANE AND LANDSDOWNE DRIVE, IN THE CENTRAL PART OF THE CITY; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; ~ND PROVIDING FOR ~N EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida (hereinafter the "city Council"), has determined that the drainage right-of-way located near the intersection of Biscayne Lane and Landsdowne Drive on Lot 12, Block 222, SEBASTIAN HIGHLANDS UNIT 8, according to the Plat thereof, as recorded in Plat Book 6, Page 9, of the Public Records of Indian River County, Florida, in the City of Sebastian, indian River County, Florida, (the "Drainage Right-of-Way"), no longer serves the public interest and necessity; and WHEREAS, the City Council, on behalf of the City of Sebastian, has determined that it would be in the best interests of the City of Sebastian and its residents to vacate the Drainage Right-of- Way if all expenses incurred by the City are reimbursed by the owners of the lot where the Drainage Right-of-Way is located to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section,~. VACATION OF DRAINAGE RIGHT-OF-WAY. The City of Sebastian, Indian River County, Florida, hereby vacates the certain Drainage Right-of-Way located in the city of Sebastian, Indian River County, Florida, more specifically described as follows: From the intersection of Landsdowne Drive and Biscayne Lane in Sebastian Highlands Unit 8, as recorded in Plat Book 6, Page 9, of the Public Records of Indian River County, Florida, run S 51 degrees 49 minutes 23 seconds E along the centerline of said Biscayne Lane a distance of 180.00 feet; thence run S 38 degrees 10 minutes 37 seconds W to the West right of way of said Biscayne Lane a distance of 25.00 feet to the Point of Beginning~ thence continue S 38 degrees 10 minutes 37 seconds W a distance of 115.00 feet~ thence run N 51 degrees 49 minutes 23 seconds W to the South right of way of said Landsdowne Drive a distance of 150.14 feet; thence run along said South right of way of Landsdowne Drive through a curve concave to the Southeast with a radius of 835.83 feet, a central angle of 02 degrees 03 minutes 54 seconds and an arc distance of 30.12 feet; thence run S 51 degrees 49 minutes 23 seconds E a distance of 122.84 feet; thence run N 38 degrees 10 minutes 37 seconds E to the West right of way of Biscayne Lane a distance of 85.00 feet; thence run S 51 degrees 49 minutes 23 seconds E along said West right of way of Biscayne Lane a distance of 30.00 feet to the Point of Beginning, and being subject to easements and right of ways of record. - 2 - Section 2. REIMBURSEMENT OF EXPENSES. The owners of Lot 12, Block 222, SEBASTIAN HIGHLANDS UNIT 8, according to the plat thereof, as recorded in Plat Book 6, Page 9, of the Public Records of Indian River County, Florida, have represented to the City that they will reimburse the City for all expenses incurred by the City in connection with the vacating of the Drainage Right-of-Way. Section 3. RECORDING. The City Clerk is directed to present this Ordinance to the Clerk of the Circuit Court for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. 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 final passage. The foregoing Ordinance was moved for adoption by Council Member Council Member vote, the vote was as follows: The motion was seconded by and, upon being put to a - 3 - Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Peter R. Holyk Council Member George G. Reid The Mayor thereupon declared this ordinance duly passed and adopted this day of , 1992. CITY OF SEBASTIAN, FLORIDA ATTEST: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1992, 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 - 4 - ORDII~I~i'CE NO.: 0-92-1:) ]tN ORDINANCE OF THE CITY OF SEBASTIAN, XNDXAN RIVER COUNTY, FLOP, IDA, VACATIN~I A PORTXON OF THE CENTRAL AVENU~ RZGHT-OF-IrAY LOCATED FAST OF U.B. MxQHlrAY 1, AX, BO KNONN U STATE P. OAD $, NEST OF INDIAN RIVER DRZV~ AND NORTH OF NAZN 8TP. EET ~ PROVZDZN~ FOR THE PRESERVATION OF CURRE~LY EXISTING PUBLIC UTILITY PROVIDINQ CONDiTIOM8 ~ PROVIDING FOR RECORDING ~ PROVIDING FOR REPEAL OF OP. DiNZ~NCE8 OR PA~tTB OF ORDINZtNCES IN CONFLICT 11~REWIT~ PROVIDING FOR SEVEP. ABZLZTY; ~ PROVIDING FOR AN EFFECTZV~ DATE · WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida (hereinafter the "City Council ") , has determined that a portion of the Central Avenue right-of-way located east of U.S. Highway 1, also ~nown as State Road 5, west of Indian Itiver Drive and north of Main Street, in the City of Sebastian, indian River County, Florida, (the "Road Right-of- Way"), no longer serves the public interest and necessity~ and WHEREAS, the City Council, on behalf of the City of Sebastian, (the "City"), has determined that it would be in the best interests of the City and its residents to vacate the Road Right-of-Way. NON, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF SEB~TIAN, INDIAN RIVER COUNTY, FLORIDA, that: ~ V~CATION OF RO]tD RIGHT-OF-WAY. The City hereby vacates the Road Right-of-Way located in the City of Sebastian, Indian River County, Florida, more specifically described as follows: Beginning at a found 2" iron pipe located at the Southwest corner of Lot 21, INDIAN RIVER HILLS SUBDIVISION, as recorded in Plat Book 4, Page 51, Public Records of Indian River County, Florida~ thence South 44 degrees 35' 21" West along the Westerly projection of the South line of Lot 21, 24.98 feet to the Easterly Right of Way Line of U.S. Highway No. 1, thence North 36 degrees 407 33" West along said Easterly Right of Way Line of U.S. Highway No. 1, 321.49 feet to its intersection with the Westerly projection of the North Property Line of Lot 8 of said INDIAN RIVER HILLS SUBDIVISION~ thence North 52 degrees 35~ 38" East along said Westerly projection of Lot 8, 80.34 feet to the Northwest corner of said LOt 8~ thence South 26 degrees 46~ 22# East along the Easterly Right of Way Line of Central Avenue a distance of 323.55 feet back to the Point of Beginning, all of the above lying and being in Indian River County, Florida. Secti0~ ~. PRESERVATION OF EASEMENTS. Notwithstanding any provision contained in this Ordinance to the contrary, the vacation of the Road Right-of-Way as described in Section I of this Ordinance shall not operate to terminate any public utility easements currently existing in the Road Right-of-Way unless the public utilities which currently have an interest in such public utility easements shall consent, in writing, to the vacation of any such public utility easements. Section 3- CONDITIONS. The granting of the vacation of the Road Right-of-Way by the City Council pursuant to this Ordinance is subject to, and conditioned upon, Sebastian Inlet Marina & Trading Co., a Florida corporation, fulfilling the following conditions within Two Hundred Seventy (270) days from the - 2 - date this Ordinance is adopted by the City Council, unless such time p~riod is extended by the resolution of the City Council at the sole discretion of the City Council: 1. That the cost of relocating any existing public utilities, including power lines, shall be at the expense of Sebastian Inlet Marina & Trading Co.; provided, that all such relocations shall only to be made with the approval of the utility company and the City Engineer. 2. That Sebastian Inlet Marina & Trading Co. shall obtain the approvals of all governmental agencies, including the Florida Department of Transportation, before effectuating any changes to the Road Right-of-Way. 3. That Sebastian Inlet Marina & Trading Co. shall, at its expense, construct sidewalks with ramps suitable for wheelchair traffic along the Florida Department of Transportation road right-of-way of the Road Right-of- Way that will connect the existing sidewalks from the northern boundary to the southern boundary of the portion of the Road Right-of-Way being vacated, at the expense of Sebastian inlet Marina & Trading Co. 4. That Sebastian Inlet Marina & Trading Co. shall, at its expense, construct curb and gutter replacement and submit an engineer's plan to the city Engineer for his approval, in addition to the approval to be obtained by Sebastian Inlet Marina & Trading Co. from the Florida Department of Transportation. - 3 - 5. That Sebastian Inlet Marina & Trading Co., at its expense, shall provide sod to all disturbed lands in the remaining area comprising the Florida Department of Transportation road right-of-way of the Road Right-of- Way. 6. That Sebastian Inlet Marina & Trading Co., at its expense, shall provide a ten (10) foot wide landscape strip in the area adjacent to the Road Right-of-Way in accordance with the provisions of Section 20A-13.5 of the Land Development Code of the city. 7. That Sebastian Inlet Marina & Trading Co., shall reimburse the City for all expenses incurred by the City associated with the process that has led to the consideration of this Ordinance by the City Council, including fees paid to the City Attorney and the expense of advertising the legal notice for this Ordinance. Sebastian Inlet Marina & Trading Co. shall record an Affidavit signed by one of its duly authorized officers in the Public Records of Indian River County, Florida, within said 270 day period attesting, under oath, to the fact that either all of the conditions listed herein have been satisfied or that one or more of the conditions listed herein have not been satisfied. If one or more of the conditions listed herein have not been satisfied, the vacation of the Road Right-of-Way shall be null and void. - 4 - Sebastian Inlet Marina & Trading Co., by and through one of its duiy authorized officers, shall sign this Ordinance indicating its assent to the conditions contained in this Section 3. ~ ~CORDING. The City Clerk is directed to present this Ordinance to the Clerk of the Circuit for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. ~ SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of this Ordinance shall not be affected and it 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. ~ EFFECTIVE D&TE. This Ordinance shall become effective immediately upon its adoption. Sebastian Inlet Marina & Trading Co., by and through its undersigned officer, assents to the conditions contained in Section 3 of this Ordinance. By: Print Name: office Held: - 5 - The foregoing Ordinance was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum council Member Peter R. Holyk Council Member George G. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1992. CITY OF SEBASTIAN, FLORIDA ATTEST: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk - 6 - 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 , 1992, 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 - 7 - ORDINANCE NO. O-92-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING CHAPTER 3.5 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; P~ENDING SECTION 3.5-4(a) TO REMOVE THE REQUIREMENT T~AT THE AIRPORT MANAGER BE AN EXISTING FIXED BASED OPERATOR; PROVIDING FOR REPEAL OF ORDINANCES OR P]tRTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY ~ AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COURTY, FLORIDA that: SECTION 1. Section 3.5-4(a) of the Code of Ordinances of the city of Sebastian is hereby amended in its entirety to read as follows: "(a) The airport manager shall be appointed by the city manager. The airport manager shall administer and be responsible for the enforcement of field rules, operation procedures, and all maintenance and storage requirements in compliance with Federal Aviation Administration rules and regulations, state statutes and rules and city ordinances. The airport manager shall present for review, as requested by the city manager, complete reports regarding any and all airport activities. Ail copies of Federal Aviation Administration reports, U.S. Department of Transportation reports and Florida Department of Transportation reports will be submitted to the city manager." 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 Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the words "ordinance" may be changed to "section", "article", or other appropriate designation. SECTION 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it will be presumed that the city Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision there by causing said remainder to remain in full force and effect. SECTION 5. ~FFECTIVE DATE. This Ordinance shall take effect six (6) months from the date of final passage. The foregoing Ordinance was moved for adoption by Council Member' Council Member vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Peter R. Holyk Council Member George G. Reid The motion was seconded by and, upon being put to a The Mayor thereupon declared this Ordinance duly passed and day of , 1992. adopted this CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of ... , 1992, 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 ORDI~I~IC~ NO.~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTIN~ WATER WASTEWATER UTILITY RATES~ ADOPTING A FEE IN LiEU OF FRANCHISE FEE; PROVIDING ~OR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SSVERABILITY~ PROVIDING FOR ATTORNEYS' FEES~ AND PROVIDING ~OR AN EFFECTIVE DAT~. WHEREAS, beginning in 1986, Indian River County and the city of Sebastian held discussions and meetings regarding the County's desire to provide water and wastewater service within the City of Sebastian; and WHEREAS, at two hearings held by the Sebastian city Council on January 7 and January 14, 1987, the City of Sebastian (the "city") adopted a series of documents which granted certain franchise and service rights to Indian River County within the city of Sebastian; and WHEREAS, the City adopted Resolution Nos. R~87-6 and R-87-7 which had the effect of granting a franchise to Indian River County for the entire area within the incorporated limits of the City (excluding previous granted franchised areas) and which approved the form and substance of an Intergovernmental Agreement; and WHSREAS, the City on or about February 27, 1991, determined that it would be in the city's best interest to consider revocation or cancellation of the franchise given to Indian River County %nd perhaps provide its own water and wastewatsr service; and WHEREAS, on March 5, 1991, Indian River County unanimously agreed to relinquish i~s franchise rights within the City; and WHEREAS, on March 13, letter' to the City of Sebastian franchise rights; and WHEREAS, on March 27, 1991, 1991, the Indian River County sent a offering to relinquish its the city hired a utility consultant to prepare a feasibility study concerning whether the city should provide its own water and wastewater system; and WHEREAS, on April §, 1991, the City of Sebastian conditionally accepted Indian River County's offer subject to completion of the necessary documents containing terms and conditions acceptable to both parties so that agreements, ordinances, and resolutions may be rescinded in such a manner as do not impact third parties; and WHEREAS, the feasibility study prepared by the city's consultants was presented to the City on june 26, 1991, and recommended that the City proceed with its own utility service, and WHEREAS, the County has agreed to cooperate with the City as long as the interest in of the County utility system, and bond holders, and the City customers who have reserved capacity in the system are all protected; and WHEREAS, the County and city ~taff members have met on several occasions to wor~ out interim plans to effect the separation of the utility systems and have recommended an acceptable way to satisfy the concerns of al! parties; and WHEREAS, on April 15, 1992, =he City of Sebastian and Indian River County entered into an Interlocal Utilities Agreement wherein Indian River County relinquished its franchise rights within the City of Sebastian and, wherein the City of Sebastian accepted certain duties and responsibilities with regard ~o operation and maintenance of a u~ility system within the city of Sebastian; and WHEREAS, as a result of =he Interlocal Utilities Agreement the City of Sebastian must adopt rates and fees in conjunction with operation of the utility systems. NOW, THEREFORE, B~ IT ORDAINED ~Y THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, aS follows: ~ UTILITY RATES FOR WATER AND WASTEWATL~ SERVICES TO CUSTOMERS SERVICED WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF SEBASTIAN. As of the effective date of this Ordinance, the City adopts rates as set forth in Exhibit "A" to this Ordinance. Said rates may, from time to time, be amended by resolution of the City Council of the City of Sebastian. ~ FEE IN LIEU OF FRANCHIS~ FEE. Effective for all water and wastewater utility bills issued by the City of sebastian, there shall be charged by the City off Sebastian a -fee-in-lieu-of franchise" fee in the amount of 6% of the gross revenue derived from the sale of water and wastewater service. This fee shall be shown as a separate line item on customer bills, as if the City of Sebastian were a private corporation. The funds, so derived, shall be remitted monthly to the City of Sebastian's general fund to be used for any lawful purpose. ~ CONFLICT. Ail Ordinances or parts of Ordinances in conflict herewith ar~ hereby repealed. ~ CODIFICATION. It is the intention of =he 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 apart to the code of Ordinances of the City of Sebastian, Florida;' that the sections of this Ordinance may be re=umbered or relettered to accomplish such intentions and the word ,,ordinance" may be changed to ,,Section," "Article" or other appropriate designations. ~ SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of this Ordinance shall not be affected and it 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. ~ ATTORNEYS' FEES. Should it become necessary for the city to initiate legal or other proceedings to enforce the terms of this Ordinance, the prevailing party shall be entitled to recovery of reasonable costs and attorneys fees. ~ EFFECTIVE D~TE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman . The motion was seconded by Councilman a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Fran Oberbeck councilman Peter R. Holyk Councilman George G. Reid Councilwoman Carolyn Corum and, upon being put to The Mayor thereupon declared this Ordinance duly passed and adopted this ~ day of ..... , 1992. CITY OF SEBASTIAN, FLORIDA ATTEST: L~nie R. Powell, ~y6r Ka%hryn M" 0,Hal'i'0ran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this ordinance at 7:00 p.m. on the day of , 1992, and that following said public hea~ring this Ordinance was passed by the City Council. Kathry~ M'~ o,H~lloran, CMC/AAE City Clerk Approved as to Form and Content: Ric'ha~d~E. Torpy' Assistant City Attorney ~992 AND ~993 ~ATES Wa=or B£lling Charge - Per Account Lines Are Available - Per ERU Base Facil£~ies Charge Where Are No= Available - Per ERU 1992 $ 2.00 $ 2.00 $ 8.30 $ 9.20 $ 4.3S $ 4.60 Volume Charge 0 to 3,000 Gallons Per Month Only - Per 1,000 Gallons Per Month 3,001 to ?,000 Gallons Per Month ~eE E~U and Irrigation Only 0 - ?,000 Gallons Per 1,000 Gallons Gallons Per Month EaU - Per 1,000 Gallons ~allone ~er Mon=h Per ERU - Per 1,000 Gallons $ 1.75 $ 1.75 $ 2.15 $ 2.15 $ 2.35 $ 2.10 $ 2.30 Sewer Billing Charge - Per Account Base ?acili~ies charge Where Lines Are Available - Pe~ ERU ~ase Facilities Charge Where Capacity is Reserved 3ut Lines Are Not AvailaDle - Per 2.00 $ 2.00 $13.00 $!3.SO $ $.50 $ 6.75 EXHIBIT "A" ~99'] AHD 1-993 Volume charge - Calcu1&~ed as 8S% of Water Use - Pe~ 1,OOO ~a[lon8 - 10,000 Gallon Per Month Max£mua for Excess Volume Surcharge For Per Month Per E~ - Per 1,000 ~allone Excess Sewaqe $~ren~ch Charge who Have ODEained a variance Due =o Hardship or F£nanc£&l Unfeaa£b£1i=y 1992 199] S 3.3s $ 4.05 Sewage Charge Ratio of Tota~ Dissolved Solids o: 3Lochem£cal Oxygen Demand mLLlLgrama per 1L~er / 2S0 $ 3.35 $ 4.4~ Sewage Charge Reels of To, al Dissolved Solids or B£ochemL¢al Oxygen Demand in milligrams per l£:er / 2S0 Charge per 1,000 ~aLLons $ 100.00 $ 105,00 water Treatmen= and storage Wa=er Transmission To=al 893.00 548.00 $1,441.00 $ 973.00 $ 597.00 $1,570.00 Wastewacer Tree, men= and Sludge Disposal Effluen= Disposal To,al $1,048.00 547.00 626.00 $2,321.00 $1,159.00 $ $2,SS1.00 SC~EDUL~ OF WA~E~ AND 3~WER RATES~ P~RS; AMD CILAROBS ~992 AND 1993 <continued) 1992 ~mpec~ fees ~or ~994 snd oubsequent ~eers w£~ ~e to the Eng£nser£ng New ~ecord co Indisn Rive= County OTHER CHA~G~S Deposits Required UpOn opening, T=mns~erring, Or Reconnec~ing ServiCe Ros£den=£al and Commercial - Per ERU Hydrant Heter Interest Rate Paid on Deposits Cha~ge for Returned Check Sew®= Tap Meter 5/8 1 1 1/2 2 Inch and Mecer Removal ~/8 Inch 1 inc~ 1 1/2 IncB and Larger S 50,00 $34S.00 0.5% Per Mont~ $ 12.00 4 1.S0 COSt PLus Overhead 4100.00 $125.00 $300.00 cost Plus Overnead $ 30.00 S 30.00 4 40.00 4 50.00 4345.00 0.5% Per Month 4 12.00 $ 1.50 Cost ~lus Overhead $I00.00 $125.00 $300.00 Cost Plus Overhead $ 30.00 S 30.00 $ 40.00 5/8 Inch Me=er I 1/2 Inch Meter Larger =hah 1 1/2 inch Sewer Service Connec~ion Residential Commerc£&l and psved Road Cuts Road Jacking and Bo=Lng Other and Exit&ordinary Services 5/8 Inch Meter 1 inch Me=er 1 1/2 Inch Me=er 2 Inca Meter 3 Inch Me=er and Larger Wa~er Service Reconnec=ion During WOrking HOURS Al=er Working Hours 1992 AND 1993 (continued) $400.00 $460.00 $810.00 Cos= Plus Overhead $400,00 $460.00 $810.00 Cost Plus Overhead $500.00 Cooc Plus Overnead Cos= Plus Overhead $200 Minimum COS~ PlUS Overhead Cost Plus overhead $115.00 COSt Plus Overhead $500,00 Cost Plus Overhead Cost Plus Overhead $200 Minimum COS~ Plus Overhead Cost Plus Overhead $11S.00 COSt Plus Overhead $130.00 $IO0.O0 $500.00 $630,00 Cost Plus Overhead $ 25.00 $130.00 $200.00 $500.00 $630.00 Cost Plum Overhead $ 25.00 18.00 25.00 $ [8.00 $ 25.00 General Se=vice Calls (Continued) $ ~s.oo $ 15.oo 5 2.00 Plus 1.5% Per Mo. $ 2.00 Plus 1.5% Per S/8 Inc~ Meter i 1/2 Inch Meter or Larger Damage Repair Line Lo=&tion Engineer£ng Services site PLan Review - under 40 Units and Wi=hour Lift Station Site Plan Rev£ew - Over 40 Units o= With Lift Station $ 20.00 5 20.00 $ 20.00 Cost Plus overhead $100.O0 Plus COSt Plus Overhead Coat Plus Overhead 5 50.00 Minimum Cost Plus Overhead 5150.00 Minimum $ 20.00 Coat Plus Overhead $100.00 Plus Cost Plus Overhead Cost Plus Overhead $ 50.00 ~inimum Cost Plus Overhead $150.00 Minimum Ins~:~ec:lon Fee Water Per Connection Sewer Per Connection Hydrant Flow Test Fire Protection Charge - Per Year $ 2S.00 $ 25.00 $ 60.00 $170,00 5 2S.00 $ 2S.00 $ $0.00 $170.00 FRANCHISE CHARGES Application Fee Cost Plu~ Overhead $ 50.00 Minimum $ ~O.OO Minimum 1992 (Continued) Xg93 Franchise Name Change Cost Plus Overhead $1,100.00 Min~um Plus Overhead $11S.00 Minimum Cost Plum Overhead $115.00 Minimum Cost Plus Overhead $1,100.00 Minimum Cost Plus Overhead $115.00 Minimum Cost Plus Overhead $115.00 Minimum Change of O~nership 49 ERUs or Fewer 50 ERUe or More Cost plus Overhead Sl15.00 Minimum COst Plus Overhead $300.00 Minimum CoSt Plum Overhead .$115.00 Minimum Cosu Plus Overhead $300.00 Minimum 49 ERUs or Fewer 50 ~RUs oc More Pu~i£c Hearing Plus Overhead $300.00 Minimum Cost Plum Overhead $$75.00 Minimum Cost Plum Overhead $11S.00 Minimum COS: Plus Overhead $300.00 Minimum Cost PLus Overhead $575.00 Minimum PLus Overhead $11~.00 Minimum City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: ) RESOLUTION R-92-29 ABANDONMENT OF ) EASEMENT, AND SUBSEQUENT DEDICATION) OF EASEMENT, EDGEWATER PARK S/D ) Approved For Sub~. City Manager ? Agenda Number, /ex -.,-t Dept. Origin= Community Developmen~ Date Submitted, 07101/92 For Agenda Of, 07/08/92 Exhibits: 1. Resolution R-92-29 2. Deed of Easement, 6/5/92 3. Application for Vacation of Easement, 5/5/92 & documents 4. Memo from Dan Eckis, 6/8/92 EXPENDITURE REQUIRED, AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT An application was received on May 5, 1992 by the Community Development Department to abandon the easements on property owned by former Mayor Paul R. Stevenson. The legal description of the location of the easements to be abandoned are as follows, The west 2.5 feet of Lots 12, 13, and 14, the east 2.5 feet of Lot 23 less and except the north 25.83 feet of the west lot line of Lot 12 and .5 feet of the south portion of the north 2.5 feet of Lots 22 and 23, Block 2, Edgewater Park Subdivision, according to the plat thereof, recorded in PBI 1-23, Public Records of Indian River County, Florida. Our City Engineer, Mr. Dan Eckis, recommended that the Abandonment of Easement be approved, providing that additional easements be dedicated by ~he owners elsewhere on the property to allow for utility access. His recommendation is spelled out in his June 8, 1992 memorandum to the City Manager. The respective attorneys for both parties prepared appropriate documentation to abandon said easements~ Resolution R-92-29, sets forth the City's responsibility to abandon and discontinue the easements iq? Page 2 presently accorded the site, as specified. The Deed of Easement prepared by attorneys for the Stevensons dedicate new easements along the perimeter of the property within Edgewater Park Subdivision currently owned by the Stevensons, as identified within the body of the deed. City staff agrees that such dedication is in accord with the recommendation of our City Engineer and is acceptable. RECOMMENDED ACTION Review Resolution R-92-29 and the Deed of Easement prepared by the Stevensons and move to approve both proposal instruments for recording at the court house. RESOLUTION NO. R-92-29 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE WEST 2.5 FEET OF LOT 12, 13 AND 14, THE EAST 2.5 FEET OF LOT 23 LESS AND EXCEPT THE NORTH 25.83 FEET OF THE WEST LOT LiNE OF LOT 12 AND .5 FEET OF THE SOUTH PORTION OF THE NORTH 2.5 FEET OF LOTS 22 AND 23, BLOCK 2 EDGEWATER PARK SUBDIVISION ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 1-23, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION I That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The west 2.5 feet of Lots 12, 13, and 14, the east 2.5 feet of Lot 23 less and except the north 25.83 feet of the west lot line of Lot 12 and .5 feet of the south portion of the north 2.5 feet of Lots 22 and 23, Block 2, Edgewater Park Subdivision, according to the plat thereof, recorded in PBI 1-23, Public Records of Indian River County, Florida. SECTION II Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION III This resolution shall be recorded in the public records of Indian River County, Florida. SECTION IV This resolution shall be in full force and effect immediately upon /ts passage. CITY OF SEBASTIAN, FLORIDA ATTEST: by: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly passed and adopted by the City Council of the City of Sebastian, Florida, this__day of , 1992. Kathryn M. O'Halloran, CMC/AAE ( S E A L ) (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared and to me known as the persons described herein and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and seal in Indian River County, Florida, this day of , 1992. Linda M. Lohsl NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires Approved as to Form and Content: Charles I. Nash, City Attorney 2 TO: RE: City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE' June 8 1~9~ Robert S. McClary, City Manager ~ FROM: Daniel C. Eckis, P. City Engineer/Public~rks Director Abandonment of Easement on the Stevenson Property As City Engineer of Sebastian, the request for abandonment of easement for' the west=. ~ 5 feet of Lots 12, 13, and 14 and the east 2.5 feet of lots 23 is acceptable less and except the north 25.83 of the west, lot line of lot 12. The abandonment of the north 2.5 feet of Lots 22 & 23 should be denied. However, due to the encroachment of a building along this north lot line, I will allow the abandonment of 0.5 feet cf the south portion of the north 2.5 feet of Lots 22 and 23 thereby reducing the north easement line to 2.0 feet of lots ~= and 23- lo suppiiment future utility access to these ~ot~ and to the adjacent lots it is my recommendation that five foot easements be obtained on the north lot line cf lot 12 and on the west lot line of lot 22. steve.doc /q~,~'~ C~TY OF SEBASTIAN APPLICATION FOR VACATION OF EA~KNENT(E) (This request shall no be accepted unless completed in full~ NAME:~oul Stevenson .. ADDRESS! Box 780001 Sebastian., FL $2978-0001 TELEPHONE NO. att0rney...58~-~500 TYPE OP ENTITYt* Individual *Individual, corporation, etc. - If corporation apply corp0rat~ seal below LEGAL DESCRIPTION OF REAL PROPERTY ON WHZC~ EASEMENT EXISTS= ,. Attached ~Attach descriptk0n on attaChment if necessary) DI~SCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED. TYPE OF EAS~ENT:mt~] ~t.~. APPROXZ~TE SIZE OF PURPOSE FOR REQUEST TO VASTEr 8U~]~..~gS 0n easement, must .resolve bef0~e c30s~ng '(Expl&i~ l~'detaii your need to release thio easement) I HEREBY CERTIFY that i, the Applicant, own tho real property on which the easement I request to vacate exists, or I em authorized to present this request to vacate by the owner of the real . :'. property. Signed:(title,~l/f ahoy) ' Sean Biggins, attorney for a)P- Corporate Seal Please Print Name Here Attach hereto'the following: (~l. ( N/A ) ( ) 3. ( )4. Map, plat, survey, or clear drawing at least 8 1/2' x 11' showing the parcel of land on which the easement exists, with parcel(s) of land ad, scent to the easement requested to be vacated. SHOW T/iE EA8EMENT CLEARLY ON DRAWiNg. Complete legal description of the parcel of lend on which the easement exists if the £ull description cannot be placed on the lines provided above for the dseor~ption. Written authorization of the owner of the parcel of land on which the easement exists if the applicant is not the owner. ( ) 6. IF IT IS NECESSARY TO ~RANT BACK ANOTHER EASEMENT TO REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW.EASEMENT. Attach e check or money order payable to 'The C~%y of Sebastian" upon eub~ittal Of this application to.the Office of the City Clerk. This application fee is not refundable. The fee is 825.00. OTHER: -.., TO: City of Sebastian This letter gives authority to attorneys Steven Lulich and Sean Biggins to petition for a vacation of easement in my behalf. The foregoing instrument was aknowleged before me this ~ day of May, i992 by PAUL R. STEVENSON who is personally known to me or who has produced a driver's license or passport as identification and who did take an oath. 'I~OTARY PUBL~ MY COMMISSION EXPIRES: I~~ MY ~MMISS~ON EXP. Lots 12, 13 and 14, Block 2, and Lots 22 and 23, Block 2, EDGEWATER PARK SUBDIVISION, India~ River County, Florida, Together wi%h: A Parcel of submerged la~d in the Indian River in Section 6, Township 31 South, Range 39 East, ~ndi~n River County, Florida more particulary described as follows: From %he Sour~west corner of the Southwest 1/4 of the Southwest 1/4 of said section 6,' run East along the section line a distance of 1377,44 ~ee% %o the cen%erline of U.S. Highway No. 1, thence run Northerly along said centerlzne a distance of 1286.3~ feet to the SouTh right of way of Cleveland Street, am shown on r. he plat of EDGEWATER PAi~K SUBDI%rIsION, as in Plat Book 1, Page 23, Indian River countY, Florida records; Thence run along the South right of way of Cleveland Street and the projection of same a distance of 795.84 feet 5o the Wes% shore of the Indian River and the point of beginning; Thence meandering said west shore in a northerly direction a distance of 40.45 ~e~t to the North line of Block 1, Edgewa%er park ' ' a distance of 19~.~ feet to the bulkheBd line ubdivislon, thence ~ ~o, 7~ 45 ~ . 40 5~ fee% to ~he Sebastian _ s _ , ce ~n S. 20'45 E a dlstanc~ o~ ~ s~lan Yacht ClUD a aS establishe~, then ..... :, ~ .~n~ %he Nort~ L~ne ~f ~he Seba .... Yacht Club; ~ence rlln~ ~_~ ., ..... : 'nnin , Containing ~.17 acres, mor~ u~ distance of 19,0 feet to the polnt o~ begl g less. EASEMENTS TO BE VACATED: 2 1/2' easement along back of lots 12, 13, ~4 2 ~/2 along entire length of lot 23 2 i/2 along back of lots 22 and 23 Form CS,SCi-{. A (Rev. 8/90) 13:DSI024 DEED OF EASEMENT The undersigned Grantor is the owner of the following described real property located in the City of Sebastian, Indian River County, Florida. Lots 12, 13 and 14, Block 2 and Lots 22 and 23, Block 2, EDGEWATER PARK SUBDIVISION, of Indian River County, Florida. Grantor hereby grants and conveys to the City of Sebastian, a municipal corporation, for the use and benefit of current and future owners of other lots in the same block of the Edgewater Park Subdivision for the installation of utilities by any and all public utilities, the City of Sebastian, and Indian River County. This easement is on the Westerly five (5) feet of Lot 22, Block 2, EDGEWATER PARK SUBDIVISION and the Northerly five (5) feet of Lot 12, Block 2, EDGEWATER PARK SUBDIVISION, of Indian River County, Florida. This easement is granted in consideration for several abandonment of easement on the same parcels. In the event that this easement is ever to be released, it will be released by the City of Sebastian according to its then existing procedures for the vacation of easements. EXECUTED by Grantors on the ~ day of June~ 1992. ...... ~AUL"~. S~EgEN~N/~" -' P.O. Box 6008 Fernandina Beach, FL 32034 HAZEL T. STEVENSON P.O. Box 6008 Fernandina Beach, FL 32034 Print Print Qb r~x ~ The foregoing instrument was acknowledged before me this day of June, 1992, by PAUL R. STEVENSON and HAZEL T. STEVENSON, his wife, who produced Drivers Licenses as identification and who did 6]:' ~ ~N L~H I NOTARY PUBLIC ~ ~_ AA 78S324 My Co~issio. Expires: OPF%° MAR, 6,1004 J ACCEPTED by the City of Sebastian, Florida BY: MAYOR ATTEST: ~i~y Clerk THIS INSTRUMENT PREPARED BY: CODE ENFORCEMENT HOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA IN THE MATTER OF: CASE NO. 92-6500 HENRY A. FISCHER & SONS, INC. MANUAL RAIMI, Prudential Building Co., Inc. 10749 U.S. ~ighway 1 Sebastian, FL 32958 LEGAL DESCRIPTION= Lot 15, Block 441, SEBASTIAN HIGHLANDS UNIT ~17, of Indian River County, Florlda. ORDER FINDING VIOLATION TSIS CAUSE crlginally came to be heard after due Notice to the Respondent at a violation hearing conducted by the Code Enforcement Board of the City of Sebastian on June 17, 1992. The Board after having beard testimony under oath, received evidence and heard argument of counsel or respondent, if any, thereupon issues its Finding of Fact, Concluslon of Law and Order as follows; FINDINGS OF FACT The Board determined upon the evidence presented that~ Two specimen trees were removed in vlolation of the ordinance. CONCLUSIONS OF LAW The Code Enforcement Hoard concludes thet the above-referenced indlvidual was in violation of Section 20A, 14.4(B) of The Land Development Code of the City of Sebastian, Indian River County, Florida. 1. Based upon the foregoing Finding of Facts, Conclusion of Law, it is hereby ordered that~ A fine of $250.00 per tree per violator for a total of $500.00 per violatlon is issued. That the parties are relieved from paying this fine if two (2) 25 foot oak trees, 6" to 8" in diameter at the base are installed within ninety (90) days from the date of the meeting and each violator pay $100.00. 2. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY THE CODE INSPECTOR, Robert Nicholson, W~O SSALL DIRECT AN INSPECTION OF TSE PROPERTY AND NOTIFY TRE CODE ENFORCEMeNT BOARD AS TO CORRECTION OF TEE VIOLATION. 3. If Respondent causes a reoccurrence of the vlolation, this Board shall reconvene in the Council Chambers to hear further evidence on the issue of compliance and to impose a fine of up to the maximum amount of $500.00 per day for each day the violation continues. In the event of a future violation of this order after the aforementioned date, Respondent shall be renotified of a new compllance hearing, at which the Board will review the evidence end impose the fine provided herein if said vlolatio, is determined to have again occurred. 4. TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST YOU CONSTITUTES A LIEN AGAINST TEE REAL PROPERTY ~PON WBICB TBE VIOLATIC~N EXISTS, OR IF YOU DO NOT OWN THE PROPERTY, THEN AGAINST ANY REAL OR PERSONAL PROPERTY WSIC~ YOU DO OWN. YOUR CONTINUED NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF YOUR PROPERTY. TNEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO COMPLY WITHIN THE STATED TIME, PLEASE NOTIFY THE CODE INSPECTOR IMMEDIATELY. DONE AND ORDERED this I'~~ day of~, 1992, in open session at the Council Chamber, 1225 Main Street, Sebastian, Florida. Cha£r~an Code Enforcement Board Nunc Pro Tunc ATTEST: ~ecret~y CODE ENFORCEMENT BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA IN TEE MATTER OF: Mr. Michael Hanfre Ma. L£nda Brown 732 Bayfront Terrace Sebastian, FL 32928 LEGAL DESCRIPTION: CASE NO. 92-6735 Lot 20, Block 244, SEBASTIAN HIGHLANDS UNIT 10, of Indian River County, Florida. ORDER FINDING VIOLATION TBIS CAUSE originally came to be heard after due Notice to the Respondent at a violation hearing conducted by the Code Enforcement Board of the City of Sebastian on June 17, 1992. The Board after having heard testimony under oath, received evidence and heard argument of counsel or respondent, if any, thereupon issues its Finding of Pact, Conclusion of Law and Order as follows; PINDINGS OF FACT The Board determined upon the evidence presented that; Mr. Manfre had parked a 7 ton truck in violation of ordinance. CONCLUSIONS OF LAW The Code Enforcement Board concludes that the above-referenced individual was in violation of Section 20A, 5.16.1(B) & (C)(4) of The'Land Development of the City of Sebastian, Indian River County, Florida. ORD,8 1. Based upon the foregoing Finding of Facts, Conclusion of Law, it is hereby ordered that~ A fine of $100.00 is imposed. 2. UPON COMPLIANCE, RESPONDENT SBALL NOTIFY TEE CODE INSPECTOR, Robert Nicholson, WHO SBALL DIRECT AN INSPECTION OF THE PROPERTY AND NOTIFY TNE CODE ENFORCEMENT BOARD AS TOCORRECTION OF THE VIOLATION. 3. If Respondent causes a reoccurrence of the violation, this Board shall reconvene in the Council Chambers to hear further evidence on the issue of compliance and to impose a fine of up to the maximum amount of $500.00 per day for each day the violation continues. In the event of a future violation of this order after the aforementioned date, Respondent shall b® renotified of a new compliance hearing, at which the Board will reviaw the evidence and impose the fine provided herein if said violation is determined to have again occurred. 4. TAKE NOTICE TRAT ANY FINE INPOSED BY TRiS BOARD AGAINST YOU CONSTITUTES A LIEN AGAINST TEE REAL PROPERTY UPON #~ICN TNE VIOLATION EXISTS, OR IF YOU DO NOT OWN THE PROPERTY, TEEN A~AINST ANY REAL OR PEBSONAL PROPERTY WEIC~ ~OU DO OWN. FOUR CONTINUED NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF YOUR PROPERTY. TEEREFORE, IF FOR ANY REASON YOU AR~ ~NABLE TO COMPLY WITRIN TEE STATED TIME, PLEASE NOTIFY TEE CODE INSPECTOR IMMEDIATELY. DONE AND ORDERED this /7~( day of~, 1992, in open session at the Council Chamber, ~22~ Main Street, Ssbastia~, Florida. Cods Enforcement Board Nu~c Pro Tunc CODE ENFORCEHENT BOARD CITY OF SEBASTIAN INDIAN RIVER COURTY, FLORIDA IH THE HATTER OFt DAVID BENRAH 926 Starflower Avenue Sebastian, FL 32958 RECORD VERIFIED JEFFREY K, BARTON CLERK CIRCUIT COURT INDIAN RIVER CO., FLA CASE NOv 92-6132 LEGAL DESCRIPTION, Lots 1 & 2, Block 331, SEBASTIAN HIGHLANDS Unit ~13, of Indian River County. Florida CERTIFICATION OF PINE AND ORDER IMPOSING PENALTIES AND LIENS THIS MATTER originally case before the Board for public hearing on February 19, 1992 after due Notice to Respondent, at which time th% Board heard testimony under oath and received evidence. The Board issued findings of facts, conclusions of law, Order of Bnforcement whiah was reduced to writing and furnished to Respondent. On February 19, 1992, this Board based upon the evidence and testimony presented at the hearing, found that there did in fact exist a violation of Chapter 2~A, Section 2eA-S.16(E)(4) of the Sebastian City Code. It was thereby ORDERED that the Respondent pay to the City of Sebastian, a fine in the amount of $1ee.ee. This order can be recorded and shall constitute a lien against the above described property pursuant to Section 162.e9, Florida Statutes. DONE AND ORDERED this 19 day of February 1992, NU#E PRO TUNE. City of Sebastian, Indian River County, Florida. CODE ENFOREBHEHT BOARD OF THE CITY OF SI~.~[.STIAN, FLOR~A ~/) // Chairaan Doneto De~obertt, I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order imposing Penalty has been furnished by nail/personal se~vict to Respondent and/or Respondent's authorized counsel, ~/a,J~~t~-~ ............ Sebastian, Florida, this ~ day of ~ . 1992. Secret~ry. Gerry Rubes RETURN TO: City of Sebastian ---"- .$ 1225 Main Street, P.O. Box 780127 Sebastian, FL 32978 Attn: Code Enforcement CODE ENFORCEMENT BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA IN TIlE MATTER OF~ CASE NOS- 92-6345 ~ 92-6348 92-6418 92-6436 Mr. ~erbert Sturm 549 Saunders Street Sebastian, FL 329B8 LEGAL DESCRIPTION: Lot 4, Block 62, of SEBASTIAN EiGELANDS UNIT fi, of Indian River County, Florida. AMENDED ORDER ~RZS ORDER amends the Order that originally came to be heard after due Notice to the Respondent at a vlolation hearing conducted by the Code Enforcement Board of the City of sebastian on May 20, 1992. The Board after having heard testimony under oath, received evidence and heard argument of counsel or respondent, if any, thereupon issues its Finding of Fact, Concluslon of Law and Order as follows; FINDINGS OF FACT The Board determined upon the evidence presented that; ~erbert Sturmwas storing junk and debris such as construction materials, barrels and water tanks in violation of the City ordinances. CONCLUSIONS OF LAW The Code Enforcement Board concludes that the above-referenced individual was in violation of Chapter 16-1(b), (c}, (e) & (f) of The Code of Ordinances of the City of Sebastian and Section 12-31 of the Code of Ordinances, Indian River County, Florida. ORDER 1. Based upon the foregoing Finding of Facts, Conclusion of Law, it is hereby ordered that: The violator is fined $100.00. Also, the violator has twenty (20) days from receipt of this Order to clear the premises and bring it into compliance with the ordinance or a fee of $100.00 per day is levied. Compliance would entail the violator removing all construction materials, barrels, water tanks and debris and those items depicted in the photos that were taken on May 20, 1992 and shown by the City to the Eoard. UPON COMPLIANCE, RESPONDENT SH~Y..L NOTIFY THE CODE INSPECTOR, Robert Nicholson, WHO SHALL DIRECT AN INSPECTION OF THE PROPERTY AND NOTIFY THE CODE ENFORCEMENT HOARD AS TO CORRECTION OF THE VIOLATION. 3. If Respondent causes a reoccurrence of the violation, this Board shall reconvene in the Councll Chambers to hear further evidence on the issue of compliance and to impose a fine of up to tbs maximum amount of $500.00 per day for each day the violation continues. In the event of a future violatlon of this order after the aforementioned date, Respondent shall be renotified cf a new compliance hearing, at which the Board will review the evidence and impose the fine provided herein if said violation is determined to have again occurred. 4. TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST YOU CONSTITUTES A LIEN AGAINST THE REAL PROPERTY UPON WHICH THE VIOLATION EXISTS, OR IF YOU DO NOT OWN THE PROPERTY, THEN AGAINST ANY REAL OR PERSONAL PROPERTY W~iCH YOU DO O~N. YOUR CONTINUED NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF YOUR PROPERTY. THEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO COMPLY WITHIN THE STATED TIME, PLEASE NOTIFY THE CODE INSPECTOR IMMEDIATELY. DONE AND ORDERED this lO'day of ~_~_, 1992, in open session at the Council Chamber, 1225 Main Street, Sebastian, Florlda. Code Enforcement Board Nunc Pro Tunc ATTEST 'S~c~et~y CITY OF SEBASTIAN RENTAL PERMIT APPLICATION C0~{~UFiI"I CIYI~ v/' YAO{T CLUB Name of Renter / Organization ~a~a%',e~ ~~ .. ~r of Pe~ons constituting ~oup or orgaization: W~...~x~. Reason for R~tal ~~ ~ ~.t~M~ ~~ _. ~ime o~ D~: F~ ~p~ To /~ ~ ..... Plebe ~ ~ or ~: 1) ~e kitchen facilities re~ir~? 2) Me ~ou a resident of Sebasti~7 3) ~ill t~rations ~ ~t 4) ~ill there ~ an a~ssion or ~r charge~ 5) ~ill alcoholic b~erag~ ~ se~ ... N~~ .... (a) Ii ~r to t5 is les- ~ttee's p~f of aoe (bl If acohol is to be se~ed. ~ssion is re~ired..~ the ~itl ~uncil. Your re,est ~11 be pre,ted to O~ ~Ount of Rental /c~-. z~ Security Deposit: $ ,,,Po~-~ ~ _.Total Rental: Name of Pemittee: v,~o,%.cckkv.. ~%-~-,, Address of Pemittee: Telephone No.: Make checks payable to: CIIT OF S~k~rllN ~__7~3-~.~_ (date) in the amount of Security D~posit paid on ~~ .7 ~ash_ initial Rental Fee paid on {date) in the amount of ~,, c~,c~ ~ or Cash initial ilcoholic Beverage Re~est heard at the ~uncil ~eetin~ on {date). Re,est ~PR~ / Fee ~tiver Re~est heard at the ~uncil ~eeti~ {d~te). ~e~est ~P~O~ / ~I~. K~ Pickup Date Key Return Date Security .De,sit returne~ by City Check ~ in the a~unt o~ on (date) ~t k~t for ~ag~ (i~ epplic~bl~). ,City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Bid Award for Lake Street Construction Approved For Submittal By: City Manager .. ~ ~ Age.da .o. Dept. Origin Finance (LWN) Date Submitted 06-30~ For Agenda of 07-08~.~ Exhibits: Bid Tabulation EXPENDITURE REQUIRED: $3,215.00 AHOUNT BUDGETED: $246,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT Three bids were received for the construction of Lake Street. A bid clarification conference was conducted via telephone with the apparent low bidder. The bid met all specifications and was found to be reasonable and competitive. Adequate funds are budgeted and available in the County Option Gas Tax fund. RECOHMENDEQ,,ACTION Move to award the bid for Lake Street construction to the lowest and best bidder, Indian River Contracting Corporation of Winter Beach, in the amount of $3,215.00. ¢~ --,,,,,I ~ City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Bid Award for Tagalong Equipment Trailer Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda of Finance (LWN) 06-30-g2 07-08-g~ Exhibits: Bid Tabulation EXPENDITURE REQUIRED: $5,66].00 AMOUNT BUDGETED: $7,000.00 APPROPRIATION REQUIRED: SUMMARY STATENENT Two bids were received for a tagalong equipment trailer. A bid clarification conference was conducted via telephone. The apparent low bidder, Custom Trailer, Inc., met all the specifications and the bid was found to be reasonable and competitive. Adequate funds are budgeted and available in the Capital Improvement Fund. RECOMMENDED ACTION Move to award the bid for a tagalong equipment trailer to the lowest and best bidder, Custom Trailer, Inc. of Griffin, Ga. in the amount of $5,661.00. Flag Pole in Right c;f Way City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [: FAX (407) 589-5570 Agenda Approved flor. oubmxt~.a~ By: City Manager Dept. Origin Date Submitted For Agenda of Exhibits: Letter from Property Owner Planning and Zoning Memo dated June 29, 1992. 06-29-,92 07-08-92 EXPENDITURE REQUIRED' AMOUNT BUDGETED- The Planning and Zoning Commission at their, regular meeting on June iS, 1992 heard the request of the property owner at 425 Ponoka Street t,o allow a flag pole to remain in the right of way. The Cor, anission felt that since the flag pole has been there since 1982 and has not caused any problems or concerns, it, should be allowed to remain. Improvements in the right of way must be approved by both Planning and Zoning and the City Council therefore, the board recommends to City Council that approval be given for -the flag pole to remain in the right of way. Move to approve that the flagpole can remain in the right, PonoK~ Street of way at 425 · ~ . City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE; TO: FROM: RE: June 29, 1992 Mayor and City Council Planning and Zoning Commissi~~ Flag Pole in Right of Way at 425 Ponoka ~ Please be advised that the Planning and Zoning Commission at their regular meeting on June 18, i992, voted to recommend to v~¢y Council that the flagpole in the Right of Way at 425 Ponoka Street be allowed to remain as is. The owner indicated that it had been there since 1982 and stated it was not in the way of anything nor. was it causing any obstruction to the drainage flow. St~ould you have any questions or need any further information, please feel free to contact, me. pole.doc 425 Ponoka St. Sebastian,F1.32958 J~.~ne 4, 1992 This p~st week it has been brought to my attention to move my flag Dole. I was informed that it was on d/~~' properity. This flag pole has been in this spot since 1982... It is neither in the ~,~y of---or prevemting anything--- I see no reason to move it. This law inforcement officer, Mr. Nicholson, admJ. tted he has never noticed the flag pole before until to~ay. He suggest I write you. Please give this your attention at your earliest convenience. Sincerely Arthur C. Muenckler City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Bid Award for Community Center Flooring Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda of Finance (LWN) 06-30-g2 07~08r92 ....... Exhibits: Memo from CE/PWD dated 06-25-92 EXPENDITURE REQUIRED: $6,150.00 AMOUNT BUDGETED: $7,500.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT At the City Council meeting of March 11, 1992 staff recommended awarding the bid for a new community center floor to the best bidder, Jerry Smith Tile of Sebastian. After an inspection of the building prior to the bid award, it was decided to try and patch the existing tile floor. The existing floor is very worn and when new tile was patched it was higher than the existing tile causing an unsafe condition. It is the recommendation of the City Engineer to replace the floor as originally bid on February 4, 1992. Adequate funds are budgeted and available in the Capital Projects Fund. The contractor has agreed to honor the original bid. RECOMMENDED ACTION Move to award the bid for Community Center flooring to the best bidder, Jerry Smith Tile of Sebastian, in the amount of $6,150.00. City of Sebastian POST OFF.iCE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MEMORANDUM DATE June 25, 1992 TO: FROM: Daniel C. Ecki~, P. City Engineer/Public Works Director THROUGH: Robert S. McClary City Manager RE: Community Center Flooring It has been brought to my attention that the patchwork replacement is not achieving desirable results. The new tile that was patched in the vicinity of the Piano is approximately 1/8" higher than the existing tile and does not match the color and pattern of the existing tile. It is the opinion of the Building Maintenance Superintendent and myself that, the entire floor be repaired. The'tile floor at the Community Center is old and extremely worn. New tiles are thicker than the worn tiles. The Building Maintenance Superintendent showed me several areas of loose tiles. Cost to replace the tiles with Armstrong Tile was $6,150, from Jerry Smith Tile Company. The work included substantial amount of floor leveling to smooth out the bumpy areas. 'Please note that all tile replacement can be scheduled to avoid conflict with scheduled events. The money spent to upgrade the existing floor will preserve the value of the Community Center and reduce maintenance costs. comflr.doc SEBASTIAN / BAREFOOT BAY P. O. Box 781299, Sebastian, FL 32978-1299 * (407) 589-4566 June 30, 1992 Mr. Lonnie Powell Mayor-City of Sebastian 1225 Main Street Sebastian, Fi. 32958 Dear Mayor Powell: YES WE CAN! The Sebastian Sun can print the agenda of the City Council as discussed in the last council meeting. Our deadlines will permit the City Manager's office to fax us a copy of the agenda and get it into the next day's edition of the Sun. Here's how it can work: the clerk that now types the agenda can have the information that is already available typed into her word processor--information that comes in at deadline can then be inserted in it's proper order and then output for final approval. The approved agenda can then be faxed (approximately 12:15) to the Sun for typesetting and publishing. THERE WILL NOT BE ANY CHARGE FOR PUBLISHING THE AGENDA The Sebastian Sun will be pleased to publish the agenda for the residents of Sebastian. There is no oi~n to charge for performing a service that should be expected from a town's local newspaper. s .l~S. t week the Sebastian Sun printed 4,000 papers with approximately 3,600 being distributed sments in ana around the Sebastian area. LET'S GET THE PUBLIC MORE iNVOLVED .... IT WON'T COST THE CITY A DIME~ Sincerely, E. A. Nichols, Jr. Publisher Copy: Mr. Oberbeek, Mr. Holyk, Mr. Reid, Mrs. Corum, Mr. McClary. lq7 SUBJECT: Street, Improvement Program City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 ~O~.~C//~/t. Approved for Submittal By' Agenda No. Dept. Origin Date Submitted City Manager 07-01-92 For Agenda of 07-08-92 Exhibits: Memo from City Engineer dated July 1, 1992. EXPENDITURE REQUIRED: $80,000. AMOUNT BUDGETED: $246,000. SUMMARY Barber Street from CR 512 to the Bridge at Concha needs some street base work and a complete overlay during this Fiscal year. This street was not on the original improvement list approved by City Council and we are therefore asking for a modification of that list. We wish to defer Temple Avenue and add Barber Street in order, to avoid complete base failure. We are also considering a third lane at the intersection of CR 512 and Barber Street for better alignment, with the north section of Barber Street and installation of storage and turning lanes. ~ ACTION Move t.o approve the inclusion of Barber ~' - a,~.et to the Street, Improvement Program and direct staff to prepare the necessary bidding documents. City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM July i, 1992 Mayor and City Council THROUGH: Robert S. McClary City Manager FROM: Daniel C. Eckis, P.E.~ City Engineer/Public~'6rks Director Street Overlay Project As Public Works Director for the City of Sebastian, I am requesting a modification to the street improvement list as approved by the City Council on December 18, 1991 to include Barber Street from County Road 512 to the Bridge at Conchs Drive. The pavement section has experienced deterioration of the base from County Road 512 to Tulip Street:. The remaining portion from Tulip Street to the Bridge should be overlayed this fiscal year. The street improvement pri~+,, list consisted of t4 streets and we have completed 13 with the exception of Temple Avenue. In a meeting with the Assistant Finance Director, Larry Napier, we were able to determine that with the completion of Lake Street, Sidewalk Installation along U. S. Highway ~i and the daily operating expense for the pothole patch crew, there would be approximately $I00,000 left in the Local Option Gas T~: budget. Our estimate to make these improvements to Barber Street is approximately $80,000. Therefore, I would respectively request that the Street Improvement Program be modified to defer Temple Avenue this year and set it aside as the first priority for the Fiscal Year 92/93. We may then make the necessary repairs to Barber Street before we lose the pavement section. During the construction of Barber Street, we would consider constructing a third lane at the intersection to accomplish two things: i) To properly align Barber Street with the section North of 512. 2) and to allow for storage and turning lanes If this request is approved for this year~s Street Improvement Program then staff should be direct, ed to prepare the necessary document, s to advertSse for bids t,o repair the existing base on ~arber Street for overlay by ~art, in P~vin~c,, w~ich i~, on the indian ~iver County's Conunodi%ies Contract. City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Disposal of Contaminated 8oil at Central Garage Approved For 8ubmlttal By: City Manager Dept. of Origin: City Engin, (DCE) Date Submitted= 07/01/92 For Agenda Of= 07/08/92 Exhibits: - Eckis Memo Dated 07/01/92 EXPENDITURE REQUIRED: AMOUNT BUDGETED APPROPRIATION REQUIRED: SUMMARY STATEMENT Upon review of the bids from the four (4) soil consulting companies, I have found all to be competent, reliable and reputable to dispose of the soil in a proper manner. I have qualified the bids in the following table: CONSULTANT UNIT PRIC~ BASE ~ TOTAL TON ~ ~ SERVICES Resource 1035 $36.00 $ 37,260 $10,730 $ 47,990 TranSoil 1035 44.00 46,540* (10,000) 56,540 LMC 1035 46.67 49,510- 8,677 58,187 Trio-O-Clean 1035 50.00 40,000 (12,000)* 52,000 * Includes test to finger print $1,000 ( ) Estimated Environmental Services RECOMMENDED ACTION Move to approve the bid of Resource Recovery, Inc., in the amount of $47,990 and to direct staff to review contract documents and issue a notice to proceed. ~' City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589~5330 D FAX (407) 589-5570 M E M 0 R ~ N D ~....M FROM: THROUGH: July 1, 1992 Lonnie R. Powell, Mayor & Sebastian City Council Daniel C. Eckis, City Enginee~ Robert S. McClary, City Manager ~ Disposal of Contaminated Soil at Central Garage As City Engineer of Sebastian, I have reviewed the bids to dispose of the contaminated soil at the Central Garage. Bids were received from four (4) qualified soil disposal companies and i have them listed in the following rank order: 1. Resource Recovery of America, Inc. 2. TransSoil, Inc. 3. LMC Environmental, Inc. 4. Tri-o-Clean Environmental Services, Inc. Although, all the companies were qualified and capable of disposing the soil in legal manner, two of the companies did include environmental services as specified in the disposal specifications. I made an evaluation of the four (4) consultants by separating their treatment costs from their environmental services and have determined that Resource Recovery of America, Inc., was the reputable low bidder for this project. The cost for treatment of the soil and environmental service is as follows: CONSULTANT UNIT TON PRICE BASE ~NG. TOTAL TON PRICES SERVICES Resource 1035 $36.00 $ 37,260 $10,730 $ 47,990 TranSoil 1035 44.00 46,540* (10,000) 56,540 LMC 1035 46.67 49,510- 8,677 58,187 Trio-O-Clean 1035 50.00 40,000 (12,000)* 52,000 * Includes test to finger print $1,000 ) Estimated Environmental Services All of the disposal companies with the exception of Tri-O-Clean Environmental Services, Inc. , would be utilizing a thermal treatment facility. Tri-O-Clean proposed to clean the soil through an ozoned enriched water system that is not an approved method by EPA or DER. The City of Sebastian would be a test site for the use of this proposed system. Tri-O-Clean has provided documentation that if the soil did not meet the acceptable standards for land fill, then the City would not be obligated for compensation. However, the time for them to complete the process and obtain DER approvals would be within two hundred and thirty- seven (237) days. Their price did not include environmental services as required as part of the bid specifications. After researching Resource Recovery of America, Inc., I have determined that they have their own burn facility on site, they are responsive, reputable organization known throughout the State and that their burn facility is permitted and is currently operating under DER permits. I was able to qualify the consultants using the same basis by equating the total tonnage at the site as being 1,035 tons. This is based on a conversion factor of cubic yards to tonnage of 1.34. This will be verified by Empire Testing during the first week in July. All the companies were contacted for any additional test to fingerprint the soil and that has been included in the cost shown for the base treatment of the soil, which is approximately $1,000 for two (2) additional tests. Therefore, I recommend that the City award the contract to the lowest bidder, Resource Recovery of America for $47,990.