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HomeMy WebLinkAbout08081990City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407} 589-5330 FAX 407-589-5570 SUBJECT: Request From Christ The King Lutheran Church For Use Of Te Riverview Park Approved For Submittal By: City Manager ~7 Dept. Origin Community Development (~_B~ Date Submitted 8/2/90 For Agenda Of 8/8/90 Exhibits: Letter dated 7/30/90 from Rev. Hauenstein EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Reverend Paul Hauenstein from Christ The King Lutheran Church is requesting permission fro~ the City Council to utilize Riverview Park on Saturday, October 20, 1990, between 6:30 A.M. to 4:30 P.M. for their annual church bazaar. ! RECOMMENDED ACTION Move to approve the use of Riverview Park on October 20, 1990 for Rev. Paul Hauenstein subject to the following: 1. No vehicles to be permitted on park grounds. 2. Applicant to .obtain permission from H.R.S., if food is to be sold. 3. Applicant to provide waste receptables and clean park prior to leaving event. CHRIST THE KING LUTHERAN CHURCtt 992 LANCE STREET SEBASTIAN, FLORIDA 32958 July 30, 1990 Mr. Robb McClary, City Manager City of Sebastian ]225 Main St. Sebastian, Florida 32958 Dear Mr. McClary, As in October of 1989, Crist The King Lutheran Church of Sebastian, is again requesting your permission to use a part of Riverview Park on Saturday, October 20, ]990, between 6:30 A.M. and 4:30 P.M.. The purpose is to hold our annual church bazaar. We hope again, this meets with your approval, it will be greatly appreciated. Sincerely, Rev. Paul E. Hagenstein CITY OF SEBASTIAN RENTAL PERMIT APPLICATION COMMUNITY CENTER YACHT CLUB Name of Renter/.Organization U.S. Coast Guard Auxiliary Div. V Number of Persons constituting group or organization: 25 to 75 Reason for,Rental CG AUX. information to sebastian residents Requested Date 22 ~ 1990 (S~¥).' ~ .... ~ ~: ~ Time of Day: From 7. 30 P~ To 10.00 PM ' Please answer YES or NO: 1) Are kitchen facilities required? no 2) Are you a resident of Sebastian? * 3) Will decorations be put up? no 4) Will there be an admission or door charge? n6 property owner Columbus Ave Benshop Ave §) Will alcoholic beverages be served? no (a) If answer to ~5 is yes - permittee's proof of age (b) If alcohol is to be served, permission is required by the City Council. Your request will be presented to Council on Amount of Rental 7% Tax: Security Deposit: $ Total Rental: $ Name of Permittee: * D~i~l J. Brenner ~M~Ve Address of Permittee: gL ~lne Arbor Ln'.~ re beach,FL Telephone No.: 569 0197 Date of Application 30 Jul. 90 Make checks payable to: CITY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY CLERK'S OFFICE Security Deposit paid on by Check # (date) in the amount of or Cash initial Rental Fee paid on by Check # (date) in the amount of or Cash initial Alcoholic Beverage Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Fee Waiver Request heard at the Council Meeting on (date). Request APPROVED/DENiED. Key Pickup Date Key Return Date Security Deposit returned by City Check # amount of on in the (date). Amount kept for damages (if applicable). \ws-form\rentapp POPULATION OF INDIAN RIVER COUNTY & MUNICIPALITIES 1 1 2 3 3 1970 1980 1988 1990 2000 llsmere ............. 81 Jian River Shores... 7 2hid ................ ~astian ............. 82 fo Beach ............. 11,90 incorporated ........ 22,36 ~ian River County... 35,99 ~rida ............. 6,791,41 3 1,161 1,770 2,354 2,627 6 1,254 1,970 2,197 3,335 8 19 4 47 44 5 2,831 7,.748 8,810 1.4f.905 8 16,176 .17~783 18~330 18,995 2 39,455 58,237 ~4~971 80,694 2 59,896 87,512 96,709 120,600 8 9,746,961 12,418,047 12,597,400 15,231,000 1 2 3 arce: Census Bureau, %fniversity of Florida BEBR, I.R.C. Planning Dept. 7IMATES & PROJECTIONS BY AGE: April, 1988 estimate 1980 1988 1990 1995 2000 =al ................. 59,896 -14 ................. 10,812 -24 ................. 9,021 -44 ................. 13,242 -64 ................. 14,641 ~ ................... 12,180 + ................... 46,159 87,512 94,320~ 111. t02~+1~ ~24,57~ 13,944 ~4,892 17,024 -17,411 10,605 10,695 11,044 12,474 22,269 24,774 28,692 29,912 19,992 21,293 25,984 32,102 20,702 22,666 28,384 32,676 70,463 76,293 90,615 102,997 CIMATES BY SEX AND RACE: ._.3kn r { ] .... l_gJ~ R zal ........... -14 ............ -24 ........... -44 ........... -64 ........... TOTAL 78,710 11.,766 8,761 19,-712 18,585 19,886 + ............. 64,327 E ; of Population -14 .......... 16 -24 .......... 12 -44 .......... 25 -64 .......... 23 + ............ 24 dian Age: 41.3 URCE: UNIVERSITY OF FLOB ;36 ~32 ~96 171 BLACK MALE 4,608 1,122 1,072 1,373 672 369 3,203 FEMALE 3,928 1,010 724 1,093 699 402 2,720 ~ersons per Household Square Miles. 988 176 DEPARTMENT OF TRANSPORTATION UNITED ST/JTES Cl) $T THE CIVILIAN COMPONENT OF 30 July 1990 City Council Sebastian, FL Gentlemen, The Coast Guard Auxiliary, Division V is exploring the possibility of establishing a Flotilla in the City of Sebastian for the following reasons, 1. Since 01 Jan. 1990, 42 residents have graduated from our BOAT SAFETY AND SEAMANSHIP CLASSES in Vero Beach. 2. The chamber of Commerce projects a population increase for Sebastian of 70% in the next 10 years and a 24% increase for the Unincorperated area of Indian River County.( copy attached ) 3. Boat registrations in Indian River County has shown a ~ste~dy percentage increase for the last several years. These statistics do not reflect the number of boats purchased outside the County by Indian River County residents and used primarily in the County. 4. The Courts are mandating attendance and successful completion of Boat Safety Classes for those convicted of Marine Law violations including DUI. 5. The very strong possibilty of State mandated Safe Boating education as a prerequisit for issuence of operator and boat register- ation. The Coast guard Auxiliary in order to meet the needs of the boating public, must have sufficent trained and qualified personnel if it is to fulfill it's missions as authorized by THE CONGRESS OF THE UNITED STATES and the COMMANDANT of the COAST GUARD, THEY ARE, a. Public Education.(Boat safety classes) b. Courtesy Marine examinations.(examining small craft for compliance with State and Federal Regulations on a voluntary basis) c. Operations. Safety Patrols, Search and Rescue missions on the navigable water and general assistance to the Coast Guard. DF--DIGATED TO PROMOTING RECREATIONAL BOATIN(~ SAFETY (2) Division V respectfully requests of the Council of the City of Seb- astion to use the Sebastion Community Center for a informational meeting for the residents of the Sebastian area. If sufficent intrest is shown, we will endevor to establish a Flotilla, which in all prob ability will be known as FLOTILLA 5-7 Sebastian. Sincerely. Daniel J. Brenner, SO-MT V 22 Pine Arbor Lane ~ 106 Vsro Beach, FL 32962 407 569 0197 By dire~on cc;_ Robert N, Ayers, DCP V Jack D. Reeder, VCP V City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32978 TELEPHONE (40'/) 589-5330 FAX 407-589-5570 SUBJECT: PROPOSED ORDINANCE AMENDMENT REQUIRING SUBDIVISIONS TO HAVE 2 POINTS OF ACCESS Approved For Submittal By: City Manager ~~-~ ) Agenda No. ) Dept. Origin PLANNING & ZONING COMMISSION Date Submitted 6/6/90 For Agenda Of 6/13/90 Exhibits: Memo dated 5/29/90 from Linda Kinchen EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Planning & Zoning Commission has recommended to the City Council an ordinance amendment for Section 20A-17-2 (A) (1) (e) of the Land Development Code concerning subdivisions. Specifically, the amendment would require at least two (2) separate means of ingress/egress and to connect, if possible, to different collector or arterial street or at least be separated by at least 1000 feet. RECOMMENDED ACTION Move to direct City Attorney to draft ordinance. The ordinance would then be reviewed at a future City Council Workshop. City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 DATE: TO: FROM: RE: MEMORANDUM August 2, 1990 Mayor Conyers, City Council Members, City Manager, Assistant City Manager, City Attorney Kathryn M. O'Halloran ~\~ City Clerk Agenda Item 90.149 - Planning & Zoning Recommendation - Proposed Amen~ent Requiring Subdivisions to Have Two Points of Access This item was originally on the June 13, 1990 agenda and deferred by Council to the August 1, 1990 workshop. This office inadvertently neglected to carry it forward to that agenda, therefore, it is being placed on the August 8, 1990 agenda. We apologize for the error. sam City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 DATE: MAY 29, 1990 TO: MAYOR AND CITY COUNCIL FROM; LINDA KINCHEN ~ ADMINISTRATIVE ASSISTANT THROUGH: BRUCE COOPER DIRECTOR OF COMMUNITY DEVELOPMENT RE: SUBDIVISION ACCESS PLEASE BE ADVISED THAT AT THEIR REGULAR MEETING HELD ON MAY 17, 1990 THE PLANNING AND ZONING COMMISSION MADE THE FOLLOWING RECOMMENDATION. A MOTION TO RECOMMEND THAT SECTION 20A17,2.A.1,E OF THE LAND DEVELOPMENT CODE BE CHANGED TO READ AS FOLLOWS: E. ALL SUBDIVISIONS WILL HAVE AT LEAST TWO (2) MEANS OF INGRESS/EGRESS. THEY SHALL BE IF P¢SSIBLE CONNECTED TO DIFFERENT ARTERIAL OR MAdOR COLLECTOR STREETS, IF NOT THEY SHOULD BE SEPARATED BY AT LEAST ONE THOUSAND (1000) FEET. THE MOTION PASSED UNANIMOUSLY. SHOULD YOU REQUIRE ANY FURTHER INFORMATION ON THIS HATTER, PLEASE FEEL FREE TO CONTACT ME. LK/LK oRDII~AI~CE 0-90-06 INDIAN RIVER c ~D U~ --~I~ G~~'~ CI~, ~ ~- ~D~ OY ~G~-o ---- OF ~ _ ~ O~~ .... 'G FOR ROU'r~_ ~ ~o~DING ~u~ .t~. HE~WIT~~ DA~- S~~' of real ~, the owner of the parcel herein has aPplied to the city of Sebastian for an amendment to .- land use designation; and · -- and zoning co~ission ~.he curren~ =h- Planning - _~ on MaY 17, 1990, u = -~sted amendment to t~e ~' . -- the requ~ .... ~ a conducted a p~bllc he~rlCa~" ~.e~d.e~t and Comprehensive Land use ~ ~ proposed change .... in favor cz ..... . . nd recommenda=lO~ ~lan to the city council, a of the Comprehensive ~nd use r ~, the city council has provided notice proposed change to the existing Comprehensive ~nd use Plan and conducted a public hearing to receive citizen input; and ~, the city Council has considered the provisions of the existing comprehensive Land USe plan together with the · of its staff and the and rec°~endat l°ns reco~ended f indingm planning and zoning co~ission; and ~, the city council has dete~ined that the re~ested change in the ComprehensiVe ~nd use plan is consistent with the where the future development of the area subject property is located. NOW, TH~FORE, BE iT ORDAINED BY T~E CITy COUNCIL OF T~E CITy OF SEBASTIAN, INDIAN RiV~R COUNTy, FLOR/DA, as fOllows: ~ PROPERTy. That the land Use change enacted by the adoption of this Ordinance shall apply to the following described real Property: Lots 13, 14, 15, 16 and 17, BlOck l, HARDEE,s SUBDIVISioN NO B, ' according to the Plat thereof, as recorded in Plat BOok 4, at Page 74, of the Public Records of St. Lucie County, Florida, said lands now situate lying and being in Indian River County, Florida: LESS AND EXCEPT THEREFROM the following described Portion of the aforesaid Lot 13, described as follows: Beginning at the Northwest COrner of said Lot 13, run Southeasterly on the Western line of said Lot 13 a distance of 5 feet; thence run Northeasterly to a POint on the Northerly line of said Lot 13, said Point being 9 feet Easterly of the Northwest Corner of said Lot 13, thence run Southwesterly a of Beginning. distance of 9 feet to the Point  DESIGNATioN. That the Comprehensive Land Use Plan Map Shall be amended to reflect a designation of CG (Commercial General) for the real PrOperty that is the SUbject of this Ordinance. CONFLICT. Ail ordinances ordinances in Conflict herewith are hereby repealed. ~ SEVERABILITY- In the event 2 or Parts of 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. ~ EFFECT/VE DATE. effect immediately Upon final passage. The foregoing Ordinance Councilman by Councilman was This Ordinance shall take and, Vote, the Vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum _~ Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this ---_ day of _, 1990. moved for adoption by The motion was seconded Upon being put to a ATTEST: City Clerk CITY OF SEBASTIAN, FLORIDA By: 3 I HEREBY CERTIFY that the notiCeS of public hearing on this ordinance were published in the VetO BeaCh press journal as required by state statute that two public hearings were held on , day ofa~e this ordinance at 7:00 p.m. on the ~----- 1990, day of ' 1990, and the pu~c hearing~this-~rdi~ance was passed by the following said City council. City Clerk Approved as to Form and Content: charles Ia~-~ Nash, City Attorney 4 ORDINANCE 0-90-07 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE EAST CENTRAL AREA OF THE CITY, APPROXIMATELY .398 ACRES MORE OR LESS LOCATED ON THE EAST SIDE OF TH~ RiGHT-OF-WAY OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET ,AND SOUTH OF FIRST STREET, FROM CL (COMMERCIAL LIMITED) ZONING DISTRICT TO CG ( COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner of the parcel of real property described herein has applied to the City of Sebastian for an amendment to the current zoning classification; and WHEREAS, on May 17, 1990, the Planning and Zoning Commission conducted a public hearing on the requested zoning change and has submitted a recommendation in favor of the proposed change of zoning to the City Council; and WHEREAS, the city Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council has considered the criteria identified in Section 20A-11.6(C) of the Land Development Code together with the recommended findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has determined that the requested change in zoning is consistent with the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY T}IE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: ~ PROPERTY. That the change in zoning classification created by the adoption of this Ordinance shall apply to the following described real property: Lots 13, 14, 15, 16 and 17, Block 1, HARDEE'S SUBDIVISION NO. B, according to the Plat thereof, as recorded in Plat Book 4, at Page 74, of the Public Records of St. Lucie County, Florida, said lands now situate lying and being in Indian River County, Florida: LESS AND EXCEPT THEREFROM the following described portion of the aforesaid Lot 13, described as follows: Beginning at the Northwest corner of said Lot 13, run Southeasterly on the Western line of said Lot 13 a distance of 5 feet; thence run Northeasterly to a point on the Northerly line of said Lot 13, said point being 9 feet Easterly of the Northwest corner of said Lot 13, thence run Southwesterly a distance of 9 feet to the Point of Beginning. Section 2. DISTRICT. That the real property described in this Ordinance is hereby rezoned from City zoning district CL (Commercial Limited) to City zoning district CG (Commercial General). The official City Zoning Map shall be amended to reflect this change in zoning district. Section 3. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. ~ 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 2 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. The foregoing Ordinance was moved for adoption by Councilman The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 3 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 , 1990, 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 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Award Bid Community Center Double Glass Doors Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: Public 8-2-90 8-8-90 EXPENDITURE REQUIRED: $3,925.00 AMOUNT BUDGETED: $9,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT The Bid to replace the doors at the Sebastian Community Center was done based on information received from the Building Maintenance Department, as to the condition of the doors. On numerous occasion the doors which are old wooden doors, have become warped by the rain and repairs are not feasible due to condition. We recommend glass doors with aluminum Framing because they are the standard type, they require low maintenance, are used in other cities and are safe. RECOMMENDED ACTION Move the bid for double glass doors for the Community Center be awarded to the lowest and best bidder, North County Glass, of Fellsmere, in the amount of $3,925.00. City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 South of CR 512 ) Approved For Submittal By: city Manager ) Dept. of Origin Engineering ) ) ) Date Submitted: 08/02/90 ) For Agenda Of: 08/08/90 ) ) Exhibits: ) Fisher Memo Dated 8-2-90 ) Proposed Contract with Amer-) ) Aquitic, Inc., Dated 7-24-90 ) Pages 5 & 6 of 1979 GDC Agreement ) Petitions and correspondence from citizens EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: S~RY STATEMENT Ail major drainage canals south of CR 512 in the City are the maintenance responsibility of General Development Corporation ("GDC"). GDC's obligations are outlined in paragraph 15 of the 1979 AgreeCent between GDC and the City. On April 25, 1990 GDC stopped it's maintenance activity on the canals. Previously, GDC was utilizing Amer-Aqu~tic, Inc. of Deerfield Beach, Forida to control unwanted vegetation in these canals. Coincidentally, the City of Sebastian has used Amer-Aqu~tic, Inc. for several years in controlling unwanted vegetation growth in canals which are maintained by the City. The growth of these weeds pose a hazzard to the health and safety of the citizens of the City. Since GDC has filed for protection under Chapter 11 of the Federal Bankruptcy Laws it has not maintained these canals and it is unlikely that GDC wi/1 be in a position to meet it's legal obligations in the g~foreseeable future. Therefore, the City should take steps which are necessary to protect the public health and safety. The City Engineer, David Fisher, has solicited and reviewed a proposal from Amer-Aqu~tic, Inc. and recommends acceptance of their proposal. Mr. Fisher's recommendations are outlined in memo form to me dated August 2,1990. The Finance Department has also reviewed the contract and finds it to be fair, reasonable, and competitive. The prices outlined in the Amer-AquAtic, Inc. contract are the same or lower than those prices charged GDC for the same service. RECOMMENDED ACTION Move to waive normal bidding procedures to accept the proposal fr~-AquAtic, Inc. of Deerfield ~ea~h, F~orida in the amount o~<~,5.0_~to control noxious weeds within major canals south of CR 51~2--~n order to protect the health safety and welfare of the Citizens of Sebastian. ~a~ti~n ~_~_._~_y ~n~er~n.thc c¥c..-t ~f DATE: TO: FR OM: RE: City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589,-5570 MEMO 2 AUGUST 1990 ROBERT S. McCLARY, CITY MANAGER DAVID FISHER, ENGINE~ SPRAYING DRAINAGE CANAL(S) SOUTH OF CR-512 PURSUANT TO REINSTATING "DRAINAGE-NAVIGATION" PROGRAM RECENTLY ABANDONED BY GDC TECHNICAL RECOMMENDATION THAT CITY APPROVE AND ACCEPT PROPOSAL FROM AMEN-AQUATIC, INC., DATED 24 JULY 90 AND AS AMENDED 2 AUGUST 90 Based on the attached proposal and field meetings today, this to recommend technical approval and acceptance of subject proposal (amended copy attached). This recommendation based on the following grounds: 1) This program is considered to be appropriate method, both technically and contractually, to inhibit and control the growth and spread of unwanted Hydrilla, Algae, and Hyacinths in and on the drainage canals within the City. 2) GDC was in fact contracting to Amer-Aquatic to perform these same services on the canals south of CR-512 up until 25 April 90 when GDC stopped all of their ongoing arrangements to do so. This stoppage has helped create current proliferation of unwanted Hydrilla and Algae there. 3) The subject ongoing maintenance services are deemed necessary for maintenance of required stormwater drainage programs as well as to reduce the nuisance and hazard to public health associated with the uncontrolled growth and proliferation of aquatic weeds and algae. m o r e - 2 - Based on their current contract work arrangements directly for the City and, in the past, for GDC within the City Limits, we find Amer-Aquatic to be knowledgable and capable of performing the work as required and their proposed price for doing so to be fair, reasonable and competitive. If the City decides to provide the subject services in the canal areas maintained by GDC up until 25 April 90, we find the attached proposal an appropriate method and vehicle for doing so. Attachment Copies: Jerry Thomas, Public Works Linda Kinchen, Public Works Bob Nicholson, Code Enforcement 12. City, upon executloo of this agreement, hereby accepts the construction of all roads end drainage facilities and will thereafter maintain luch reade and drainage facilities In Units 2 through & and I~ through 15 In Sebastian IIIghlends, as recorded In the Official Records Indl.n River [ounty, except at ~tated herein In Paragraph 15, e.d does hereby release and forever discharge General a.d lis officers, amplayeel, stockholderl, lucclltorl ind assigns from any ~nd ~11 obllgltlont, under corporlte bondl or iurety bond~ prevloutly pelted ~lth the City to gu~rlnte~ c~nstructlon ~nd/or maintenance of ro~ds Ind drlln~ge'f~cllltlet In the aforesaid unlt~ including, but not limited to the bonds sho~n on txhlblt 'A- ~lt~ch~ hertto. I]. City doel hereby rele,ie end forever dllcherge Generel end Itt nfflcers~ lmploylet, stockholders, ~ucce,lor~ mhd assigns fr~m *ny *nd mil other ~bllgetloni, ~*rr~nt les. Ilenl. right of ectlon or other legel remedlel of whatever nature or kind Nhlch may have lrllen or could have arisen between Ihe partles prior Io the date of thl~ agreemenl. ~ I~. General and City agree that when General~ I, Units 16_.and I~ It ihell ~ubmlt them to the City for ,,....,, ro.,..., ,..,..,. ~ 15. General shall complete the e~clvltlon end Installallo, of bulkheads In accordance with Its original develupment'plans, consistent wllh'Generll recelvln~~e which Generel shill use Its good faith efforts to 4 oGtnln fur: (I) £olller Creek from rellsmere Hlghwly to Its intersecttnn with Elkcem ~lerwly; and (2) Elkclm ~lterwly In Its e.tlret¥. General shall maintain these wlterways at It~ e~p.~se until the e.cev~tlon work Is completed. Upon completlo~ of the excav.tlon ~ork, the City shall accept these w~terw~ys for milntenlnce. E.ecuted on behalf ~f the City of Seblstlln In eccorda~tce wlth · resolution passed by majority vote of the £1t¥ [ouncll at Its meeting on the Z' ! 1979. GENERAL D[VELOPflENT CORPORATION Vice President CITY Or SEBASIIAN, FLORIDA - G - We the undersigned residen~s of the City of ~ebas~ian and proper~y owners of canal frontlots along the waterways known as Collier and glkcam , petition the City. of Sebastian to immediately begin a treatment program to control the spread of hydrilla and algae in the above waterways. Reasons for the request are aa follows. Hydrilla now covers approximately 2,400 lineal feet of the waterway along Caravan Terrace. Hydrilla is a weed which spreads at a fast rate. Hydrilla if not controlled will cover the entire_ four length of the waterway within a year. Hydrilla blocking the canal would cause major flooding in a heavy storm, as the canal be unable to drain. Algae now covers the banks along both sides of the waterway, on several locations it is bank to bank. Hydrilla will cause a massive fish At present we note an increase in the mosquito population and an obnoxious..odor coming from the ca~al. " We realize t~at this waterway is still controlled by g.D.C., however we pay our taxes to the City, not gDC. We consider'-the existing condition of the canal to be a hazard to health, damaging to w~ldlife and a danger to our property. DATE SIGNATURE ADDRESS .' _.i. i We the undersigned residents of the City of Sebastian and property owners of Cane'1 frontlots along the waterways known as Collier and Elkcam , petition the City of Sebastian to immediately begin a treatment program to control the Spread of hydrilla and algae in the above waterways. Reasons for the request are SS follows~ Hydrilla now covers approximately 2,400 lineal feet of the waterway along Caravan Terrace, Hydrilla is a weed which spreads at a fast rate. Hydrilka if not controlled will cover the entire four mile length of the waterway within a year. Hydrilla blocking the canal would cause major flooding in a heavy storm, as the canal'will be unable to drain, Algae now covers the banks along both sides of the waterway, on several locations it is bank to bank. Hydrilla will cause a massive fish kill, At present we note an increase in the mosquito population and an obnoxious..odor coming from the canal. we realize that this waterway is Still controlled by G.D.C., however we pay our taxes to the City, not GDC. We consider the existing condition of the canal to be a hazard to health, damaging to wildlife and a danger to our property. W~ the undersigned residents of the City of Sebastian and property owners of canal frontlots along the waterways known as Collier and Elkcam , petition the City of Sebastian to immediately begin a treatment program to control the spread of hydrilla and algae in the above waterways. Reasons for the request are as follows. Hydrilla now covers approximately 2,400 lineal feet of the waterway along Caravan Terrace. Hydrills is a weed which spreads at a fast rate. Hydrilla if not controlled will cover the entire four mile length of the waterway within a year. Hydrilla blocking the canal would cause major flooding in a heavy storm, as the canal will be unable to drain. Algae now covers the banks along both sides of the waterway, on several locations.it is bank to bank. Hydrilla will cause a massive fish kill. At present we note an increase in the mosquito population and an obnoxious..odor coming from the canal. we realize that this waterway is still ~ontrolled by G.D.C., however we pay our taxes to the City, not GDC. We consider the existing condition of the canal to be a hazard to health, damaging to wildlife and a danger to our property. DATE SIGNATURE ADDRESS 7 PETITION We the undersigned residents of the City of Sebastian and property owners of canal frontlots along the waterways known as Collier and Elkcam , petition the City. of Sebastian to immediately begin a treatment program to control the spread of hydrilla and algae in the above waterways. Reasons for the request are as follows. Hydrilla now covers approximately 2,400 lineal feet of the waterway along Caravan Terrace. Hydrilla iS a weed which spreads at a fast rate. Hydrilla if not controlled will cover the entire four mile length of the waterway within a year. Hydrilla blocking the canal would cause major flooding in a heavy storm, as the csnal'will be unable to drain. Algae now covers the banks along both sides of the waterway, on several locations it is bank to bank. Hydrilla will cause a massive fish kill. At present we note an increase in the mosquito population and an obnoxious.-odor coming from the canal. We realize that this waterway is Still controlled by G.D.C., however \ we pay our taxes to the City, not GDC. We consider the existing condition ~ of the canal to be a hazard to health, damaging to wildlife and '.. a danger to our property. "~ DA~E SIGNATURE ADDRESS RECEIVE2 ,-,-,' -. : ;su August 01, 1990 Mr. Robb Mc Clarey City Manager City of Sebastian P.O. Box 127 Sebastian Fl. 32958 Dear Robb; The purpose of this letter is to express my concern for the waterways known as Collier and Elkcam, south of CR 512. Hydrilla is at present blocking approximately 2400 lineal feet of Collier and is fast approaching Elkcam. Its my understanding that hydrilla is a fast growing weed which spreads at a rate of two inches per day for EACH plant. I have been informed by the firm, AmerAquatic, that in its present state the weed could infest and block all four miles of the C-1 canal in a years time. This in turn would cause major flooding if we were to have a bad storm, or worse if we were to receive the hurricane that the experts predict for the state. The above condition is helping to create our other problems, the algae is stuck in the hydrilla and can not move down stream, the increased algae has caused some fish kill and is the chief cause of the increased mosquito activity this year. All of this combined is giving off an odor on which we did not experience last year. I realize that this waterway has not been accepted from GDC, that GDC is in Chapter 11 and that perhaps legally the City has no obligation to we canal front lot owners. However, we do pay taxes to the City. Our taxes are based upon a lot value of $4,800.00 more than a lot across the street. ( $150.00 per foot for canal, $90.00 per foot for non canal~. In summation, we are living with a bug biting,unsightly odorous and flood prone situation with which we need the assistance of the city. ely, ~r~eoN~geNi~r°el~n Sebastian, Fl. 32958 Mr. Richard Grebe '.1119 George Street Sebastian,PL. 32958 31 July 1990 Robb McClary City Manager City of Sebastian P.O.BOx Sebastian, FL. 32958 Dear Robb McClary; I am writtin~ to you in re~ards to the Hydrllla growth ~n COlliers Canal C-1,' as you are probaly aware, the growth is at a dangerous rate and will definitely effect the water table in this region,it's known-poten- t ial for destroying fishing,clogging water drainage and attracting a greater mass of mosquitoes to the area,this in turn will have a health effect on~' Bmmans. The cost factor for doing this NOW is minimal as com~ared to a later time or when it's to late to do any- thing about it. We as canal or water front property owners pay added tax dollars for water managerment, and you as town o~icals should use this money wisely and efficiently to correct this problem before it's toolate. I am requesting a wrltten'-resDonse from you on this matter. Respectfullyl July 29, 1990 Mr. Robb McClary City Manager City of Sebastian P.O. Box 127 Sebastian, FL 32958 Dear Mr. McClary: ! am a property owner on George Street on the canal and right now the canal is full of some sort of algae and scum and there is a strong odor as well as many more mosquitos. It looks awful, and I am concerned about the fish and also that the canal might plug up and maybe flood the area. I, as a taxpayer, hope you can do something about this. I will appreciate it if you will take up this matter as soon as you can. Please let me know what can be done and what the situation is. Sincerely, Katherine Phifer 1185 George Street Sebastian, FL 32958 (589-1858) July 31, 1990 Robb McClary City Manager City of Sebastian P.O. 127 Sebastian, Fl. 32958 Dear Mr. McClary, We, as Sebastian residents living on the Collier Waterway, want to go on record as expressing our concern for the lack of attention to the problem here. The Waterway is becoming inundated with algae and a haven for mosquitoes due to the lack of spraying for these conditions. Without immediate attention to the Waterway, this condition can become seriously hazardous to our area. Hopefully, prompt action will be taken to protect the prime property on this waterway. I would appreciate receiving a written response from you. Yours truly, Copy to: Mayor Will Conyers Thomas J. McLoughlin 1131 George St. Sebastian, Fl. 32958 1191 George Street Sebastian, FL 32958 3uly 30, 1990 Mr. Robb McClary City Manager City of Sebastian P.O. Box 127 Sebastian, FL 32958 Dear Mr. McClary: We are residents and taxpayers at 1191 George Street in Sebastian (located on the canal side). Lately we have noticed that some form of algae appears to be growing in the canal at a rapid pace. Other friends and neighbors have also remarked about this and we are all becoming concerned. We are aware that certain forms of algae can grow extremely thick and harm the fish and birds. We are also extremely concerned about the possibility of flooding and mosquito infestation which, of course, spreads beyond the canal homes. In addition, we paid more when purchasing our home because it was on the canal, and know we are being taxed at a much higher rate than those who do not live on the canal. Ne believe this condition will reduce 'the value of our home and that the city wi1! be the loser in the long run if this cannot be controlled. We respectfully request that you do whatever is in your power to rectify this condition. request by mail. DONALD G. BAUER Please respond to this cc: Mayor Will Conyers Ju...!' 2'/, "!~ Sebastian, ;"l. Z2~SP, o~' main~e~ano~ of the C-", c~nal on m?]i2h ~e ~ ~: .e~de. This canal is rapioiy beoomin~ choked ,~izh the ,~o is Fast 2ese:nine'3 imDossit;ls ;c ,..~&'ize rot r'isnLnQ ant Doatin;, even or ¢~ore ooncerm to us, ~_, vet,, serious tritest for :'iouding. you: poma~ to nmto us in ~ "~ ms. -2ileen F. knisht i I City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Approved For Submittal By: City Manager Easement Granting ) an Easement to ) Indian River County ) (R-90-28) ) ) ) ) ) ) ) ) ) ) ) ) ) Agenda No. Dept. O~gin city Manager Da~e'' Submitted 8/2/90 For Agenda Of 8/8/90 Exhibits Resolution No. R-90-28 Easement 7/16 letter to Ernestine Williams 3/19 letter to Terry Pinto EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEM~.T In March, we advised Indian River County Utilities Director Terry Pinto an-easement would be needed for the County's construction of a force main and lift station on airport property. The County has now submitted a proposed easement, legal description, and survey. City Engineer Dave Fisher and City Attorney Charles Nash have reviewed the materials; the City Attorney has prepared the attached resolution to grant this easement. You will note the easement will not be granted until the Federal Aviation Administration approves the easement. RECOMMENDED ACTION Motion to adopt Resolution No. R-90-28. RESOiJJTION NO.: R-90-28 A R~SOLUTiON OF TH~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUT~iORIZING THE ~YOR ~D THE CITY C~ ~ SIGN, ON BE~.~ OF T~ CITY, A G~T OF PERPE~AL ~~ IN FAVOR OF INDI~ RI~R CO~T~ F~RIDA FOR ~ILITIES, CONDITIONED OH ~ ~PROV~ OF ~E FEDE~L AVIATION ADMINIS~TION; PROVIDING FOR ~P~L OF ~SO~ONS OR P~TS OF ~SO~TIONS IN CONFLI~ HE~I~; PROViDiNG f'OR S~BILITY; ~D PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida, has requested that the City grant it a perpetual easement for utilities on land owned by the City; and WHEItEAS, the City Council of the C].ty of Sebastian, after reviewing the proposed Grant of Easement submitted by indian River County, Florida, for its approval, and after engaging in deliberations, has determined that it would be in the best interest of the City of Sebastian arid its citizens, and furtherance of a valid municipal purpose, for the City of Sebastian to grant tile perpetual easement for utilities on land owned by the City as requested by Indian River County, Florida, subject .to the approval of the Federal Aviation Administration relative to the portion of the perpetual eaa.:ment that will pass over a portion of the Sebastian Municipal Airport. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: ~ AGREEMENT. The Mayor and .the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the proposed grant easement proposed by Indian River County, Florida, subject to ~he 'approval of such grant of easement by the Federal Aviation Administration, a copy of the proposed grant of easement having been attached to this Resolution as Exhibit "A" and by this reference is incorporated herein. The original grant of easement shall be forward Dy the City Clerk to the County Attorney for recording by Indian River County, Florida, Lfte_~ the City receives the written approval of the grant of easement from the Federal Aviation Administration. ~9~/~ CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. ~9~ion ~ SEVERABILITY. In the event a court competent jurisdiction shall hold or determine that any part. of this Resolution is invalid or unconstitutional, the remainder of the Resolution zhall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend enact such invalid or unconstitutional provision. It shall further be amsumed that the City Council would have enac~e~ the remainder of this Resolution without said ~]val~d and unconstitutional provision, thereby causing said remainder to remain in full force and effect. ~ EFFECTIVE DATE. This Resolution shall ~ake effect immediately upon its adoption. The foregoing Councilman by Councilman vote, the vote was as follows: Resolution was Mayor w. E. Conyers Vice-Mayor Frank Oberbeok Councilman Robert L. McCollum Councilman Lonnte R. Powell Councilman Lloyd Rondeau moved for adoption by The motion was seconded and~ upon being put to a The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1990. cITY OF SEBASTIAN, FLDRIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form% and Content: Charles Ian Nash, city Attorney 3 THIS GRANT OF EASEMENT, made and executed this day of , A.D. 1990, by the CITY OF ~TIAN, a municipal corporation of the State of Florida, whose Post Office address is City Hall, Sebastian, FL 32958, hereinafter called GRANTOR, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 2Sth Street, Vero Beach, FL 32960, hereinafter called GRANTEE. (***Whenever used herein, the terms GRANTOR and GRANTEE include all the parties to this instrument and their heirs, legal representatives, successors, and assigns.) WITNESSETH: That Grantor for and in consideration of the sum of TEN DOLLARS and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the Grantee, a perpetual easement for utilities over, across, and beneath the following described land, situate In Indian River County, Florida, to-wit: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF AND Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said servient land in fee simple, and that the Grantor has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Attest: ~T~-~T~7[ CITY OF SEBASTIAN, a municipal corporation of the State of Florida By: (SEAL) STATE O1 FLORIDA COUNTY ¢)F INDIAN RIVER SWORN TO and subscribed before me by and respectively as MAY~ and '~TTY CLERK-~-~-I~-~-~rl'~-O~-~'~ASTIAN, a municipal corporation o f the State of Florida, on this day of , 1990. My Cor~ntssion Expires: .... 1T6~F~-PEBTic DESCRIPTION: A 10' WIDE EASEMENT FOR UTILITY PURPOSES COMMENCING AT THE EAST CORNER OF SECTION 29 OF THE FLEMING GRANT; THENCE S45 O0'O0'W ALONG THE FLEMING GRANT LINE 760.88 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S45 O0'O0'W ALONG SAID FLEMING GRANT LINE, 10.00 FEET; THENCE N44 41'57"W, 36.60 FEET; THENCE $45 02'3B"W, 380.52 FEET; THENCE S44 45'44"W, 591.08 FEET; THENCE $42 56'44"W, 6B.27 FEET; THENCE S48 11'39"W, 87.84 FEET; THENCE S45 04'56'W, 554.93 FEET; THENCE S49 18'56'W, 147.55 FEET; THENCE S45 O0'O0"E, 15.00 FEET; THENCE S45 O0'O0"W, 35.00 FEET; THENCE N45 O0'O0'W, 27.67 FEET; THENCE N49 18'56"E, 183.03 FEET; THENCE N45 04'56"E, 554.83 FEET; THENCE N48 11'39"E, 87.65 FEET; THENCE N42 56'44'E, 67.97 FEET; THENCE N44 45'44."E, 591.26 FEET; THENCE N45 02'38#E, 390.59 FEET; THENCE S44 41'$7"E, 46.60 FEET TO THE POINT OF BEGINNING. CONTAINING 0.45 ACRES MORE OR LESS. ALL OF THE ABOVE LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. o ~'\~¢ ¢. City of Sebastian POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 July 16, 1990 Ms. Ernestine W. Williams Manager of Program Administration Department of Utility Services Indian River County 1840 25th Street Vero Beach, FL 32960 Re: North County Sewer Project Dear Ernestine: Thank you for your letter of July 10, 1990 along with a survey plat showing the location of a proposed easement. In addition to the information you have already sent me, I will need an appropriate legal instrument dedicating the easement from the city of Sebastian to Indian River County for utility purposes. Additionally, I will need an additional copy of the survey of the proposed easement so we may submit it to the Federal Aviation Administration, since this proposed easement is on property granted the City by the Federal Government as a municipal airport. Upon receipt of this information, I will ask the City Attorney to review the documents and, upon his approval, will submit them to the City Council for approval. Should you have questions or comments, will you please call? Sincerely, Robert S. McClary City Manager RSM/jmt cc: John Van Antwerp, Airport Manager City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 March 19, 1990 Mr. Terry Pinto Indian River County Utilities 1840 25th Street Vero Beach, Florida 32960 Re: North County Sewer Project Dear Terry: Indian River County has plans to install a force main and lift station on property owned by the City of Sebastian. The sewer main would be installed along the driveway to the City Golf Course and a lift station would be constructed near the parking lot. Since this driveway is not a publicly dedicated right-of- way, it technically would not qualify under the terms of the franchise granted to Indian River County as an easement. Therefore, an easement in favor of Indian River County would be necessary for the installation of these waste water facilities. The City of Sebastian wants to cooperate with Indian River County and it will be my recommendation to the City Council to grant an easement to you for nominal consideration (e.g. $10.00 and other valuable and good considerations). Will you prepare an appropriate legal instrument dedicating an easement from the City of Sebastian to Indian River County for utility purposes. Since this is on airport property, the City will need to request approval of the FAA. I also request, in addition to a metes and bounds legal description defining the easement that your surveyor submit a survey plat. Mr. Terry Pinto Indian River County Utilities March 19, 1990 Page #2 I would have no objections should your contractor wish to proceed in installing the improvements prior to finalizing the legal documents for the requisite utility easement. However, I must add a disclaimer that the City Council will make the ultimate decision and that I am in a position of merely making a recommendation to them. Should you have questions, will you please call? Sincerely, City Manager RSM/jmt cc: Will E. Conyers, Mayor & Sebastian City Council Jo Anne Townsend, Assistant City Manager John Van Antwerp, Airport Manager Bill Vincent, Golf Course Business Manager David W. Fisher, Engineering/Public Works Director Charles I. Nash, City Attorney City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589*5330 [] FAX (407) 589-5570 M E M O TO: FROM: SUBJECT: DATE: Robb McClary, City Manager Kathryn M. O'Halloran, City Clerk Standard ~ Procedures Changes - Unanimous Vote July 12, 1990 At the Regular Meeting held on Wednesday, July 11, 1990, Councilman Rondeau requested the above-referenced subject be placed on the Work Shop agenda for August 1, 1990. Please see the attached copy of Section 2..12, Procedure subsection (c), Voting pages 11 and 12. To change the Charter in this particular instance would take a Special Election. If you wish further research on this item, please let me know. elm MEMORANDUM TO: FROM: RE: DATE: The Honorable W.E. Conyers, Mayor and Members of City Council Charles Ian Nash, City Attorney City Attorney Contract/Fees July 23, 1990 I hereby formally request that effective with the beginning of the next fiscal year of the city of Sebastian, October 1, 1990, the hourly rates charged by attorneys at our law firm to the City of Sebastian for non-litigation matters be increased to $75.00 per hour, and the rate for litigation matters be increased to $90.00 per hour. Please note that the current hourly rate for non-litigation matters is $70.00 per hour and the current rate for litigation matters is $85.00 per hour. It is my opinion that these rates are fair and reasonable and in keeping with rates charged by other quality law firms providing legal services to municipalities. Thank you for your consideration of my request.