HomeMy WebLinkAbout12121990 The fOllowing is
Regular Meeting. a list of actions taken at the December 12, ~990
°
Attorney ~ gn, Sea- ' 0-90-13
or/ ~' ~ & Z ~ - co - ~Ubd
2 ,~ a"u file _ ~unlolpa1 ~, black
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adonis_.- ORDINA~,~_ ~up . Und_i ~etter
o-~ .ney, p ~ _ ~eal . ~_ -~ _ a~_
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3. 90.254 - OR ~e back,,, ~vue w~ l~j~v~, Clx,.
Franc i~ ~DINANc -~ - -~ce
.Ud
Con,, ~-~ co rn_. E NO. n ~ P ate O_90 ~- blueback
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4. ~ - file ~3~PlDal Co~~cne=,
Update n ~cer
90. 254 _ RE
Franc . ~. SOLUTi
hls~ ON N
coDY to ~.~o Exclud. ~..
~/ le~_~ w/ let~-_ ~o~, C~- ~ap _ a~ IRC
Un~.~~r - k~. .~r, D~ ~. ~cy Att~-- -~Ced _.
' = ~=r -,,u ~-ile _=~J Code Co_=~', IRC
=ale baeku~'P~ration
APProval of M1
Sign, Seal _ ~Utes . 11--
6. 90'282 R ~ace in bo~8/90 Regular Mee~
~ear,$ ~a,.ESOLUTION NO ~ang _
cook, Cl~- adoptn~ u. R-90_.~9
~ackun _~ °?vera~e;' ~.D., al,e~l._ cony ~S~Salee _ _
to 1~;~ Update ~ j_- Oluek~_; establ~:~ ~u file ~. New
~ ~ay,s Marina
90'283 - Waive= of Bid
Purchase $~teen Gene Procedure
General
Chargers. ctric MTL ~1 Elec ~Ollce _ .
.~ =~ to fil2~°~ Contra_~?Ommunic~2~uen Desk -~' TWo
~u.284 , o_. =' Finance ~] - el0
res W*' ~oastt- · and p.~ - v~.30 _
a.m ~ver fn~ ..~n Area ~ u. - fi~- aPProv~
Urgent_ _uun ' D-- yz Yacht ~.~sSOcla~_
90.285 _ i% ~o SACA _
A/B _ al lan
~o 11 ~munity ~rtcan Cl,,~~nda ' Securl~y on HOld
utlt,. _ Permit~_ 40 s/~n, Seba~tl~
HOld _ Charle Dane Re u
aPprov,~ s PUlla~- ~ - 1/26/~ est for
-"~ - Linde
10.
11.
12.
13.
14.
15.
16.
17.
90.286 - Maxwell & Son, Inc. - Request for A/B - Yacht
Club - Christmas Party - 12/22/90 - 6 p.m. to 10 p.m. -
Permittee James Maxwell DOB 5/29/52 - Security Paid -
approved - letter to M & S - Linda
90.287 - First Church of the Nazarene - Request for Fee
Waiver - Site Plan and Building Permit
Application - approved - letter to FCN - copy minutes and
letter to DCD (Bruce) and P & Z (Linda) - file DCD /-/~&n .........
90.225 - Political Signs - Review Proposed Amendments - City
Attorney gave City Clerk a proposed ordinance to submit to
City Council members for review - item deferred to January
workshop - file workshop file credenza
89.048 - Collier Place PUD - Request for Time Extension -
City Attorney to meet with Schlitt and Engineers to work out
conditions to comply with new airport zoning regulations and
then draft ordinance for one year extension for January -
file pending credenza - 1st regular meeting - will be O-91-2
per City Attorney
90.255 - RESOLUTION NO. R-90-53 - Approving Inclusion of
City Within Proposed Emergency Services District - adopted -
copy to file, black book, City Attorney, Nate McCollum IRC
Emergency Management (done), certified copy to IRC
Commission, - blue back original and file - file backup -
update R-90 in computer
90.255 - RESOLUTION NO. R-90-54 - Calling IRC Referendum
for North County Fire District Millage Increase - adopted -
copy to file, black book, City Attorney, Nate McCollum IRC
Emergency Management certified, copy to IRC Commission, -
blue back original and file - file backup - update R-90 in
computer
90.288 - RESOLUTION NO. R-90-55 - Assign GDU Water and
Sewer Franchises to Indian River County - adopted - copy to
file, black book, City Attorney, GDU and IRC (Manager will
probably do cover letters), Municipal Code Corporation w/
letter - blue back original and file - file backup in
IRC water and sewer franchise (agreements) - update R-90 in
computer
90.203 - ORDINANCE NO. O-90-12 - Fences and Walls -
reading adopted - advertise 1/9/91 public hearing on
12/26/90 - legal notices - copy ordinance to all utilities -
file 1st regular meeting in credenza
2
18.
19.
90.289 - ORDINANCE NO. O-90-17 - Morchesky Annexation - 1st
reading adopted - advertise 1/23/90 ph on 12/28, 1/4, 1/11
and 1/18 WITH A MAP - legal notices - notify Morchesk¥ and
Van de Voorde of PM - file 2nd regular meeting in credenza -
NOTE: 1st reading of land use change ordinance for this
property will take place on 1/9/91 and ph will bs on 1/23/91
- CLUP amendment will be advertised on 1/16 on a quarter
page
90.290 - GDC Bankruptcy - no action necessary
3
City of Sebastian
POST OFFICE BOX 780127 [: SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 s FAX (407) 589-5570
SUBJECT:
POLITICAL SIGNS
Approved For Submittal By:
City Manager ~ ~
) Agenda No.
)
) Dept. Origin Community Development
)
) Date Submitted 11/21/90
)
) For Agenda Of 12/12/90
)
) Exhibits:
) Memo dated 11/1/90 from P & Z
) Proposed language from Earl Shroyer
)
iBc
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED~
SUMMARY STATEMENT
The Planning and Zoning Commission, at its regular meeting of October 18,
1990, recommends that the City Council review a proposed amendment to the
sign ordinance restricting political signs. However, I recommend that the
City Council defer any action until it receives an opinion from the City
Attorney.
RECOMMENDED ACTION
Review recommendation from Planning & Zoning Commission.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-,5330 [] FAX (407) $89-5570
DATE:
NOVEMBER '1, ~990
TO:
FROM:
MAYOR AND CiTY COUNCIL
LiNDA KINCHEN ~
PLANNING AND ZONING SECRETARY
THROUGH:
BRUCE 0OOPER
DIRECTOR OF COMMUNITY DEVELOPMENT
RE:
POLITICAL SIGN 0RDZNANCE PROPOSED CHANGE
PLEASE BE ADVISED THAT ON OCTOBER 18, 1990 THE PLANNING AND
ZONING COMMISSION REVIEWED THE ABOVE AND RECOMMENDED THAT THE
CITY COUNCIL INSTRUCT THE ATTORNEY TO PREPARE AND ORDINANCE
REVISION SIMILAR TO THE NEW PART B SUBMITTED BY EARL SHROYER
WITH THE ADDITION THAT A PROVISION BE MADE REGARDING RUN-OFF
ELECTIONS.
THE ABOVE MOTION PASSED BY A 5-2 VOTE OF THE MEMBERS.
SHOULD YOU HAVE ANY FURTHER QUESTIONS, PLEASE FEEL FREE TO
CONTACT OUR OFFICE.
LK:LK
22Y'
SmD%ember ~:~ 1~0
Earl W~ Shroyer
SuQ._n, ested chanoe LDC 20A15.6~B
Old.
B. Political signs. Temporary political signs with a total area not
to e;.,'ceed and area o~ sixteen (16) square ~eet per- site in residential
districts and twenty (20) square feet per site in nonresidential
d~.str~.cts may be erected on property, not more than si~ty (60) days
prior to an~ election. Such signs must be removed seven (7) days after
the pr'~m~'y, special or general election in which the candidate
eliminated or elected or a referendum issue is a~proved or
d~. sa~oroved, These s~ ~ns shal 1 be so constructed so as not to create
an'~,~ hazardous or dangerous condition to the public and shall not be
erected within ~ive (5) ~eet o~ any 0ublic street or sidewalk. Each
candidate de~irin~ to erect a political sign shall oost a bond o~
twenty~'~.ve {25) do].~ar's or~or to ~.nstall~.n~ such sign. I~ the
Orovision o.~ this section are not met, the building o~icial may order
the immediate removal o{ t. he si~n. I~ the sion is not removed within
seven ~7) davs~ the building o~icial shall remove the temporary
p~].itica], si~n a~er' due oub].ic notice to the candidate and et the
exoense o~ the resoective candidate.
New.
B.' Political s. igns. No temporary political sign may be erected on anv
c~t~' ri~ht-o~-k~ay or ~ro~erty. ]emporar¥' polit.~cat, signs with a total
ar'ma not to exceed and area ~f sixteen (16) square Yeet per site in
residential dist. r~cts and twenty (20) square ~eet per s~te in
nonresidential districts ma,/ be erected not more than twenty-one (21)
days pr.~or to any election. Such s~ns must be removed seven (7) days
a.fter the ~rimary, sDecial or general election in which the candidate
is el.~.minmt, ed or' elected or a referendum i~sue is approved or
disapp_rovmd. These signs shall be so constructed so as not to create
any hazardous or dangerous condition to the public and shall not be
erected within {i{teen (15) ~eet o{ any public street or ~ive (5) ~emt
~:-om any pub].~c s~dewa]l,:. Each candidate desir'in~ to erect po]..~.t'~,cal
signs ~ha].l pos, t a bond o~ {i{ty (50) dollars prior to in~.tal].in~ such
s~ns.. I~,: the ~rovis.~on o¥ t.h~s sect~.c,,n are not met~ the build~.ng
~.~:{icial ,may order the immediate r'~moval o¥ the sign not meeting the
prc. v.~s~on--~, o~'. th~s section ~or the candidate. I~ the s:i,.n.n is not
removed within two (2) days, the building o~ficial shall remove the
'~.em~orar~,' nol~tica! s~n a~:ter noti~,~ng the candidate and at the
exp_ense o.~: the respective candidate.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
REQUEST FOR TIME EXTENSION FOR
COLLIER PLACE PUD
Approved For Submittal By:
City Manager
) Agenda NO.
)
) Dept. Origin Community Development
) Date Submitted 12/07/90
)
) For Agenda Of 12/12/90
)
Exhibits: Letter dated 11/20/90
) Edgar Schlitt
) Ordinance 0-89-08
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On June 14, 1989, the City Council adopted Ordinance 0-89-08, which
approved the Conceptual Development Plar~ for Collier Place Plan Unit
Development. Section 20A-4.9(E)(i) requires the applicant to submit a
preliminary development plan within 18 months from approval of the
Conceptual Development Plan. Mr. Edgar Schlitt and Mr. Irwin Berlin are
now current title holders of the property and they are requesting a time
extension of the Conceptual Development Plan for the Plan Unit
Development. As stated in Mr. Schlitt's request, due to economic
conditions and lack of available financing, Mr. Ted Preston who was the
original applicant, is not able to proceed further with the plan unit
development. Staff has no objection to City Council approving a time
extension of 18 months.
RECOMMENDED ACTION
Move to direct the City Attorney to draft an ordinance to grant a time
extension for Collier Place Plan Unit Development.
COMMERCIAL/INVESTMENTS
EDGAR L, SCHLITT, Pre$1Clellt
November 20, 1990
321 21ST STREET, P. O. BOX 6007
VERO BEACH, FL 32961-6007
TEL. (407) 567-1181
AFTER HOURS (407) 231o1586
FAX (407) 778-9257
Mr. Robb McClary, City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Dear Mr. McClary:
With reference to my inquiry to your office, I would like to formally
request an eighteen month extension of the Conceptual Planned Unit
Development approval on Collier Place, which was originally initiated
by Ted Preston.
Due to economic conditions and lack of available financing, Mr. Preston
is not able to proceed further, and Mr. Irwin Berlin and myself are
current title holders to the property. We are contemplating continuing
the same planning concepts that have been presented to you in the past.
The reason for the rather extended period of time we are requesting is
due to current economic conditions and as it relates to the financing
market. There simply are no loans available for development at the
present time, but feel that within the next six to nine months, this
should start easing up which would give us time to move forward with our
overall development and be in a very good position from a marketing stand-
point as the area develops a stronger financial economy.
If there is any additional information you desire regarding this matter,
you might either check with me or Earl Masteller or Steve Moler with their
engineering company who is continuing to do the engineering on this project
and working on some details for submittal to you.
Thank you for any assistance you can give us in this matter. We are looking
forward to completing this very beautiful development in Sebastian.
ELS/rn
Counselor of Real Estate, CRE [] Specialist in Real Estate Securities, SRS
Certified Commercial Investment Member, CClM [] Certified Property Manager, CPM
Certified Real Estate Broker, CRB
O~DINANCE ~0. 0-89-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A PLANNED UNIT
DEVELOPHEN?: APPROVING A CONCEPTUAL DEVELOPMENT PLAN
FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT OCCUPYING A
TRACT OF LAND APPROXIMATELY 158 ACRES IN SIZE, LOCATED
IN SECTIONS 28 AND 29 OF THE FLEMING GRANT~ PROVIDING
FOR A CHANGE IN ZONING CLASSIFICATION FROM RS-20 TO
PUD-R: PROVIDING FOR MODIFICATIONS AND CONDITIONS TO
THE CONCEPTUAI~ PLA~ APPLICATION; PRESCRIBING A TiME
LIMIT FOR THE SUBMISSION AND APPROVAL OF A PRELIMINARY
DEVELOPMENT PLAN; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE: AND PROVIDING )d~ EFFECTIVE DATE.
WHEREAS, Alpha Investments I, Inc. desires to develop s
residential planned unit development within the City of
Sebastian; and
¢)
WHEREAS, the Applicant has participated in a prsapplication
conference with the appropriate members of the City staff
pursuant to Section 20A-4oM.A of the Land Development code: end
WHEREAS, the Applic~nt has submitted · conceptual
development plan to the Ci~ staff pursuant to the requirements
set forth in Section 20A-4.9.E of the Land Development Code: and.
WHEELS, the City staff has datelined that the proposed
planned unit developmen~ is consistent with ~he Comprehensive
Plan of the City o~'Sebasti~/' and
~HEREAS, the Appl~c~t has complied with all other
developmen~ conceptual deveZo~en~ plan as contained ~n Section
20A-4.9 of ~he Land Develo~en~ Code; and
~HER~S, ~he Pla~ng and Zoning Co~ss~on conducted a
public hea~ng end received public ~nput on ~he proposed planned
un~ deveZopmen~ as vel~ as ~he change ~n zoning classification
from RS-20 ~o PUD-R on Hatch 16~ 1989: and
~HER~S, ~he PZa~ng and Zoning Co~ss~on held a 8pec~al
meeting on Hatch 23, Z989 duc~ng vh~ch ~he Co~ss~on reco~ended
approval of ~he conceptual developmen~ plan, and change ~n zoning
c~ass~f~ca~on v~h certain modifications and conditions: and
~HEREAS, ~he C~ Council has considered ~he reco~enda~on8
and commen~s o~ ~he Pla~ng and Zoning Co~8s~on and ~he C~y
staff; and
O.R. 834 PG0802
b~EREAS, tho Ci~ Council has provided notice of the
proposed zoning change and Planned unit development conceptual
development plen~ and
WHEREAS, tho City Councll has held a public hearing on June
14, 1989, for purpose of receiving public input; and
WHEREAS, the change An zoning classification, from RS-20 to
PUD~R does not constitute a change In the Future Land Development
Use Element of tho Comprehensive Plan.
NOW, THEREFORE, BE I? ORDAINED BY ?HE CItY COUNCIL OF THE
C~?Y OF SEBAS?IAN, INDiA~ RIVER COUNty, FLORIDA, that:
SEC?[ON/__~, CONCEPTUAL DEVELOPMENT PLAN APPROVAL. ?he
conceptual development plan for the Collier Place Planned Unit
Development, as submitted_by Hr. John F. Preston, III, agent for
the Applicant, Alpha investments I, Inc., ms hereby approved,
subject to the amendments and contingencies set forth below.
A. The Applicant shall provide evidence of unified
control of the property subject to the conceptual development
Plan In the form of legal documentation acceptable to the City
Attorney, prior to final approval of the conceptual development
plan.
B. The ApPlicant shell furnish the City with a
thorough traffic Study, as defined in the Lend Development Code
of the City of Sebastian, pertaining to all phases of
development, prior to approval of the preliminary development
plan.
C. The Applicant aha11 delete or relocate the
recreational vehicle storage area so that no border of such
storage areas lies within two hundred (200) feet from any
exterior border of the planned unit development.
D. The Applicant shall develop s plan limiting access
from the Planned unit development to the Sebastian Municipal Golf
Course prior to approval of the preliminary development plan.
Any such plan submitted must be acceptable to the City Manager or
his designee.
O.R. 834PG 0803
E. ?he Applicant shall, as part of its prelim~na~y
development plan, submit a comprehensive study concerning the
impact of the planned unit development on the ex~sting municipal
police department. This study shall take into consideration the
impact upon police services during each conet~uction phase.
F. The Applicant shall prepare an airport proximity
disclosure statement to be included ~n its sales contract and
deed restrictions prior to submission of its preliminary
development plan. This disclosure statement must meet the
approval of the Cit~ Attorney.
O. Approval of the conceptual development plan shall
not constitute approval of any rights to limited commercial
development within the planned unit development, now or ~n the
future.
H. Prior to submission of the preliminary development
plan, the Applicant shall submit plans for access to the waste
water plant for maintenance purposes which are acceptable to he
City Manager or his designee. Further, the sites for the water
and waste water treatment plants aha11 meet with the approval of
the City Manager and aha11 meet, aa a minimum, buffering
requirements as eat forth in Sections 20A-3.3, 20A-6.Z.22, end
20A-Z0.2.F of the Land Development Code.
I. Pr~or to submission of the preliminary development
plan, the Applicant shall provide the City Attorney with the
appropriate legal instruments in order to establish conservation
easements on the Jurisdictional lands within the planned unit
development as well as those parcels which provide a habitat for
the scrub jay and gopher tortoise.
J. It is the intent of the Applicant and the City
that the residential and open space areas contained within the
planned unit development aha11 remain under the control of the
Collier Place Home Owners Association. Dedication of the open
space and conservation areas shall be accomplished in accordance
with the timing of the development of the phase in which the
respective parcels lie. The conservation easements, deed
restrictions, and covenants shall expressly assure that all
public and private recreation land as well as all other required
O.R. 834PG 0804
open space shell be reserved es Open apace in perpetuity. The
Applicant shall draft appropriate deed restrictions end covenants
which shall be presented to the City Attorney for his approval
prior to the approve! of the preliminary development plan.
K. The Applicant shall provide a densely vegetated
berm and tree line along the southern portion o£ the planned
unit development extending from the west property line eastward
to the Jurisdictional lands. Buffer and screening specifications
for the west and remaining southern portions of the site shall be
determined et the time of submission of the preliminary
development plan.
L. The Applicant Shall not acquire e vested interest
in the proposed number of lots based upon the conceptual plan
approval.
M. The Applicant shall complete the Wimbrow Drive
extension to Roseland Road, via Hart Avenue, to standards
acceptable to the City, prior to final approval of the plat for
Phase II.
N. In the event the Applicant is unable tO acquire
sufficient land for the Hart Avenue connection, it shell provide
an alternate alignment for the Wimbrow Road extension, subject to
the approval of the City Manager and the Director of Public Works
of Indian River County.
SECTION 2. ZONINO CLASSIFICATION. The existing zoning
classification of RS-20 is hereby change to PUD-R for the
following described property=
Commencing et the East corner of Section 29 of the Fleming
~rant~ thence $ 45° 09' 04" W along the Fleming Orent line
for a distance of 3806.27 feet to the East corner of the
parcel herein described being the point of beginning of the
property~ thence continue S 45v 09' O4" W along said grant
line for e distanco of 349?.85 feet to e point thence N 44~
21' 08" W for e distance of 1997.S feet to a point thence
N 4§0 09' 04" £ for e distance of 349?.85 feet to a point~
thence S 44~ 21' 28" for a distance of 1977.5 feet to the
point of beginning, containing 158.84 acres more or leas,
.and less excepting therefrom 68.9 square feet at the West
cornsr of the above described tract within the right-of-way
of Roseland Road.
SECTION 3. TIME LIMIT FOR PRELIMINARY DEVELOPMENT PLAN.
The Applicant shall submit its preliminary development plan in
(18) months of the effective date of the Ordinance.
O.R. 834 PG0805
SECTION 4. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
SECTION 5.. SEVERA~ILITY. In the event a court of
competent Jurisdiction aha11 hold or determine that any part of
this Ordinance ia 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
thin Ordinance without said invalid and unconstitutional
provision thereby causing said remainder to remain in full force
and effect.
SECTION 6.. EFFECTIVE DATE. This Ordinance shall become
effective upon its immediate passage.
The foregoing Ordinance was moved for adoption by Councilman
iii~{'r,d,,.,'~ and. upon bei.g put to a vote. the vote was
as follows:
Mayor Richard B. VotapKa
Vice-Mayor Robert McCarthy
Councilman Robert L. McCollum ~/'
Councilman Frank Oberbeck '
Councilman Lloyd Rondeau
The Mayor thereupon declared ~his Ordinance duly passed and
adopted this ~ day of ~'~¢ A~ , 1989.
O.R. 834 PS 0806
! HSREBY CER?ZFY that notice of public hearing on this
required by State Statute, that one public hearing was held on
this Ordinance et 7:00 p,m. on the~day of ..-.]l.l~ . ,
1989, and that following ea~d public h~ering,"this Ordinance wes
passed by the City Council.
Kathry~M. O,H~'llO~an, CMC/AA£
City C~'erk
Approve~ as~to Form ~and Content:
Charles Ian Nash, City Attorney
6
0. R. 834 0807
RESOLUTION NO. R-90-53
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PURSUANT TO SECTION 125.01(5)(a),
FLORIDA STATUTES, G~ANTING APPROVAL TO THE INCLUSION OF
THE INCORPORATED AREAS OF THE CITY WITHIN THE PROPOSED
EMERGENCY SERVICES DISTRICT, A DEPENDENT SPECIAL TAXING
DISTRICT OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILIT¥; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County,
Florida, is currently part of the North Indian River County Fire
District which is authorized to levy not more than a one mill
annual ad valorem property tax; and
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, has adopted an Ordinance, a cogy of which is
attached hereto as Exhibit "A" and incorporated herein by this
reference, (hereinafter referred to as the "County Ordinance"),
proposing to replace the North Indian River County Fire District
with a new Emergency Services District composed of all of Indian
River County, Florida, except the Town of Indian River Shores,
with an authorized millage cap of three and one-half (3 1/2)
mills; and
WHEREAS, the County Ordinance calls for a referendum of the
voters of the proposed n~ew/mergency Services District to
authorize creation of the Emergency Services District having an
ad valorem taxing power of not-to-exceed three and one-half (3
1/2) mills; and
WHEREAS, in order for the City of Sebastian to be part of
the new Emergency Services District, Section 125.01(5)(a),
~orida 'Statu:tes, requires the City Council of the City of
Sebastian to grant approval to the inclusion of the City within
the Emergency Services District; and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, after reviewing the County Ordinance
submitted by Indian River County, Florida, for its approval, and
after engaging in deliberations, has determined that it would be
in the best interests of the City of Sebastian and its citizens,
and in furtherance of a valid municipal purpose, for the City of
Sebastian to grant its approval to the County Ordinance.
NOW, THEREFORE, be it resolved by the City Council of the
City of Sebastian, Indian River County, Florida, that:
Section 1. APPROVAL. The City Council of the City of
Sebastian, Indian River County, Florida, hereby approves the
County Ordinance of Indian River County, Florida, a copy of which
is attached hereto as Exhibit "A" and incorporated herein by this
reference, and consents to the inclusion of the incorporated
areas of the City within the proposed Emergency Services
District, subject to the approval by the voters of the new
District of the ballot language in the attached County Ordinance.
Section 2.
CONFLICT.
Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
2
Section 3. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution 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 Resolution without said invalid and
unconstitutional provision thereby causing said remainder to
remain in full force and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilman
Councilman
the vote was as follows:
. The motion was seconded by
and, upon being put into a vote,
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed
and adopted this
day of , 1990.
3
ATTEST:
CITY OF SEBASTIAN, FLORIDA
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
4
RESOLUTION R-90-54
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING AN ORDINANCE OF iNDIAN RIVER
COUNTY, FLORIDA, CALLING FOR A REFERENDUM TO INCREASE
THE MILLAGE LEVY OF THE NORTH INDIAN RIVER COUNTY FIRE
DISTRICT FROM ONE MILL TO NOT-TO-EXCEED THREE MILLS;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County,
Florida, is currently part of the North Indian River County Fire
District which is authorized to levy not more than a one mill
annual ad valorem property tax; and
WHEREAS, as part of the Indian River County plan to bring
enhanced fire, rescue, medical service and other emergency
services to the North County Area, the Ad Hoc Fire District
Advisory Board has recommended increasing the authorized ad
valorem taxing power of the North Indian River County Fire
District from one mill to three mills for future fiscal years in
the event a new Emergency Services District is not authorized by
the voters, and to increase the authorized ad valorem taxing
power of the North Indian River County Fire District from one
mill to three mills for fiscal years 1990 through 1991 only in
the event a new Emergency Services District is authorized by the
voters; and
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, has adopted an Ordinance, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this
reference, (hereinafter referred to as the "County Ordinance"),
proposing to amend the original Ordinance establishing the North
Indian'River County Fire District and calling for a referendum of
voters of the North Indian River County Fire District to aDprove
an increase in the authorized ad valorem taxing power of the
District; and
WHEREAS, Section 125.01(5)(a), Florida Statutes, requires
the City Council of the City of Sebastian, Indian River County,
Florida, to grant its approval to any amendment of the original
Ordinance of Indian River County, Florida creating the North
Indian River County Fire District; and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, after reviewing the County Ordinance
submitted by Indian River County, Florida, for its approval, and
after engaging in deliberations, has determined that it would be
in the best interests of the City of Sebastian and its citizens,
and in furtherance of a valid municipal purpose, for the City of
Sebastian to grant its approval to the County Ordinance.
NOW, THEREFORE, be it resolved by the Council of the City
of Sebastian, that:
Section 1. The City Council of the City of Sebastian,
Indian River County, Florida, hereby approves the County
Ordinance of Indian River County, Florida, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this
reference, proposing to amend the original Ordinance establishing
the North Indian River County Fire District and calling for a
2
referendum election to be held March 12, 1991, to authorize an
.!,~increase.in the. ad valorem~taxing power of the North Indian River
County Fire District from one mill to not-to-exceed three mills.
Section 2. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILiTY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution 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 Resolution without said invalid and
unconstitutional provision thereby causing said remainder to
remain in full force and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilman
Councilman
the vote was as follows:
. The motion was seconded by
and, upon being put into a vote,
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
3
The Mayor thereupon declared this Resolution duly passed
and adopted this day of , 1990.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
W.E. Conyers, Mayor
Kathryn M. O'Malloran,
CMC/AAE, City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash,
City Attorney
4
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Assign GDU Franchise
To Indian River county
)
)
)
)
ApprOVed For Submittal By=
city Manager
EXPENDITUR~
REQUIRED=
agenda No.
Dept. of origin:
) submitted:
) Date
) For agenda Of:
AMOUNT
BUDGETED
) Exhibits:
) - Resolution No. R-90-55
)(Including 4 Page Assignment Agreement)
)
)
REQUIRED:
· "IRC") has attempted to negotiate the
Indian River Cou~t[_.!~o~ment Utilities ("GDU")w~er ~_~e~
chase of Genera~ u~v=~ ~ ...... tl~, o~era~lng unu=~
pur . · ' GDU is cur£=~ ~ = · a
facilities.within.the Clt~_nted by the City of sebastian. ,_A~
2 franchise or~lnance~£~ .... C~t~, council held on March .~9,
( ) ~-~ --eetin" of the sebastian ~ ~ .......... er to enter into
specx~ a~ . =- ' .... ~rlzed the Cl~y ma~,~ -- -~-* of
1989 the city council .~u~,~= .... ~ untv whereby the uxux ==_
.... ~ons with Inalan ~v=~_~__~ ~ IRC to acquire .un=
~ ...... ~ serve as the c Y .......... anles, since
SeDas=lan wuu~ = =.. ~n~ and other Utlll~ ~umW
systems currently owneu m~ ~-
that time, IRC has acquired the Park Place utility system and
has discussed a possible acquisition of the sebastian Lakes water
and sewer utilities. However, IRC has been unable to
successfully negotiate the purchase of GDU. Indian River county
utilities, Terry Pinto and county Attorney, Charles vitunac have
suggested that the city may be able to assign its rights under
the franchise ordinances relating to the City's ability to
acquire GDU. The attached Resolution would authorize such an
assignment-
RECOM~4ENDED aCTION
Move to adopt Resolution R-90-55.
Section'.~:~ SEVERABILITY. In the event a court of competent
Jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution 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
Resolution without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilman
. The motion was seconded by Councilman
and, upon being put into a vote, the vote was
as follows: Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed and
adopted this
day of
ATTEST:
, 1990.
CITY OF SEBASTIAN, FLORIDA
By:
W.E. Conyers, Mayor
~ath~yn M. 0'Halloran,
CMC/AAE, City Clerk
(SEAL)
Approved as to Form and Content:
charles Ian NaSh,
City Attorney
ASSIGNMENT
This Assignment, dated this __ day of December, 1990,
by and between INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, whose address is 1840 25th Street, Vero Beach,
Florida 32960, (hereinafter referred to as the "County"), and THE
CITY OF SEBASTIAN, a municipal corporation of the State of Florida,
whose address is City Hall, Sebastian, Florida 32958, (hereinafter
referred to as the "City").
WITNES SETH
WHEREAS, the City granted the County an exclusive
franchise to furnish water and sewer service to the entire area
within the incorporated limits of the City, excluding those areas
in which the City had previously granted franchises; and
WHEREAS, the County's franchise territory will include
those areas in which the City had previously granted franchises
should any such prior franchise expire, revert, be forfeited,
cancelled or otherwise come under the control of the City; and
WHEREAS, water and sewer franchises presently exist
between the City and General Development Utilities, Inc.,
(hereinafter referred to as "GDU"), granted by City Ordinance No.
0-81-8 and City Ordinance No. 0-81-9 respectively; and
WHEREAS, the franchises granted by the City to GDU
contain provisions giving the City the right to purchase all of the
facilities, together with easements, owned and used by GDU to
provide services under its franchises with the City; and
W/~ER~S, the City desires to assign to the County, and
the County desires to acquire, all of the City's right, title and
interest in those franchises granted by the City to GDU, with the
exception of the City's right to receive franchise revenues and to
regulate rates, fees, and charges under the franchises.
NOW, THEREFORE, in consideration of the mutual promises,
covenants and agreements set forth herein and other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
1. Assig~ment. The City hereby transfers to the County
all of the City's right, title and interest in the water franchise
granted to GDU by the City in Ordinance No. 0-81-8, and in the
sewer franchise granted to GDU by the City in Ordinance No. 0-81-
9; provided, however, that the City hereby retains the right to
receive any and all franchise revenues and fees owed under the
aforementioned franchises, and to regulate rates and charges being
charged and collected pursuant to said franchises.
2. ~tance. The County hereby accepts the assignment
by the City of all of the City's right, title and interest in the
water franchise granted to GDU by the City in Ordinance No. 0-81-
8, and in the sewer franchise granted to GDU by the City in
Ordinance No. 0-81-9, with the exception of the City's right to
receive revenues and to regulate rates, fees, and charges under
said franchises.
3. Indemnification. The County hereby agrees to
indemnify, defend and hold the City harmless from and against any
and all expenses, costs, damages, Judgments, liabilities and
..reasonable attorney's fees incurred by the City resulting from any
claims, causes of action, demands, lawsuits, proceedings or actions
of any party arising from or in any way connected to the execution
and delivery of this Agreement, or as the result of the exercise
by the County of any right transferred by the City hereunder.
4. Attorney's Fees. In any litigation or arbitration
between the parties arising from this writing, the prevailing party
shall recover its attorney's fees and costs incurred, including
attorney's fees and costs incurred in appellate proceedings.
5. Binding Effect. This Agreement shall be binding upon
the parties and their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Attest: CITY OF SEBASTIAN
KathrYn M. O""halloran,
CMC/AAE
City Clerk
(SEAL)
Approved as to form and
content:
By
W. E. Conyers, Mayor
Charles Ian Nash,
City Attorney
Attest:
Indian River County
Jeffrey K. Barton,
County Clerk
(SEAL)
Car6'iyn K. Eggert, Chairman
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
ORDINANCE O-90-12, RESTRICTING
FENCES AND WALLS
Approved For Submittal By:
City Manager
) Agenda No.
)
) Dept. Origin Community Development.~
) (BC~
) Date Submitted 12/O5/90
)
) For Agenda Of 12/12/90
)
) Exhibits: Ordinance O-90-12
)
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On September 5, 1990, the City Council at its ~egular Workshop Meeting
directed the City Attorney to draft an ordinance amending the Land
Development Regulations restricting fences and walls. Since that time,
staff has made one modification requiring all garbage dumpsters to be
screened on at least three sides to render the view of the said dumpster
opaque from adjacent properties and public right-of-ways.
RECOMMENDED ACTION
Approve first reading of Ordinance O-90-12 and set public hearing for
January 8, 1991.
ORDINANCE NO.: 0-90-12
AN ORDINANCE OF THE CIT~ OF SEBASTIAN, INDIAN
RIVER CO~, FLORIDA, REGARDING FENCES AND
WALLS; AMENDING SECTION 20A-5.9 OF ~ LAND
DEVELOPMENT CODE TO REQUIRE FENCE PERMITS FOR
~ E~ECTION OF FENCES AND WALLS; PROVIDING
FOR APPLICATION PROCEDURES AND GUIDELINES IN
TwR ISSUANCE OF FENCE PERMITS; PROVIDING FOR
~ TXPES OF FENCES AND WALLS PERMITTED;
PROVIDING FOR RESIDENTIAL AREA LIMITATIONS AND
RESTRICTIONS IN THE ERECTION OF FENCES AND
WALLS, INCLUDING FRONT YARD FENCES; PROVIDING
FOR GUIDELINES REGARDING FENCES AND WALLS
WITHIN EASEMENTS; PROVIDING FOR PROHIBITED
T~PES OF FENCES AND WALLS; PROVIDING FOR
REQUIRED SCREENS FOR ~, REFUSE
DUMPSTERS; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE OF THE CIT~ OF SEBASTIAN;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT wRREWiTH; PROVIDING FOR
SEVERABILIT~; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITX COUNCIL OF THE CIT~ OF SEBASTIAN,
INDIAN RIVER COllaTe, FLORIDA, that=
Section 1. Section 20A-5.9 of the Sebastian Land Development
Code is hereby amended in its entirety to read as follows:
"Section 20A-5.9. W~T.?~ AND FENCES.
A. General Provisions.
Permit Required. Except as provided in para-
graph 4, it shall be unlawful for any person,
association, corporation or other entity to
install, erect, alter, or locate a fence or
wall within the City without first obtaining a
fence permit for such activity. Notwithstanding
the foregoing, a fence permit shall not be
required for the replacement or repair of an
existing fence or wall unless the replacement
or repair cost exceeds 50 percent (50%) or more
of the value of the fence or wall before its
repair or replacement.
ADDlication Procedures. Application for a
fence permit under this section shall be made
to the Building Official and shall include the
following:
(a)
A survey prepared by a licensed surveyor
of the State of Florida;
(b)
The location, length and height of the
proposed fence or wall; and
(c)
A description of the materials contained
in the proposed fence or wall.
Issuance of Pezmits. The Building Official
shall issue a fence permit to an applicant
under this section upon his finding that the
proposed fence or wall is in compliance with
the provisions of this article and all other
pertinent state and local regulations, and upon
payment of the appropriate fee as set forth in
Section 7-20 of the Code of Ordinances. Fence
permits issued under this section shall be
subject to all other rules and regulations
pertaining to fence permits in general.
ExemD. tions from Fence Permit Requirement.
No fence permit shall be required hereunder for
the installation, erection, alteration or
location of the following structures=
(a) Portable dog pens or slabs with
permanent posts in or upon the
ground;
(b) Trellis structures that do not form
a barrier.
Said structures shall, unless otherwise provid-
ed herein, be subject to all other requirements
for fences and walls contained in this section.
5. Construction to Withstand Forces of Nature.
Ail fences and walls shall be constructed to
withstand the force of wind and to allow, and
not inhibit, divert or alter, the free flow of
surface water from the natural course it fol-
lowed prior to installation of the fence or
wall.
6.
Posts andSupportinq Members. If the posts
or supporting members of a fence or wall are
placed in or upon the ground, the posts orsup-
porting members shall be treated or composed of
materials resistant to decay, corrosion and
termites.
Maintenance. Ail fences and walls shall be
maintained in good repair, in a non-hazardous
condition, and shall not be allowed to become
dilapidated.
Types of Fences and Walls Permitted.
Fences and walls shall be constructed and/or composed of
at least one (1) of the following groups of materials.
(1) Termite resistant specie wood or wood
which has been treated to resist rot
and termites;
Steel posts and wire fabric of a minimum
of 11½ gauge galvanized or other
noncorrodible metal;
(3) Ornamental iron;
(4) Concrete or masonry;
(5) Plastic;
(6) Hedges and hedge rows.
Residential Area L~m{tations and Restrictions.
~eneral Rule. Fences and walls not exceeding
six (6) feet in height may be placed along the
boundary of a lot on that portion of the lot
lying behind the front setback line and behind
the front of the main structure. Fences and
walls placed in front of the main structure
shall not exceed four (4) feet in height.
Corner Lots. Notwithstanding the provisions
of paragraph 1, fences and walls four (4) to
six (6) feet in height may be located to the
front of the front setback line along the
boundary of the secondary front yard of an
3
improved corner lot. Only those fences and
walls placed along the boundary of the primary
front yard of an improved corner lot must be
located behind the front setback line.
(a)
Secondary front yard. For purposes of
this paragraph, the term "secondary front
yard" shall mean the yard of an improved
corner lot located between the street and
the side of the main structure facing the
street where the primary entrance to the
main structure is not located.
(b)
Primary front yard. For purposes of
this paragraph, the term "primary front
yard" shall mean the yard of an improved
corner lot located between the street and
the side of the main structure facing the
street where the primary entrance to the
main structure is located.
Visibility Trianqles. Visibility triangles,
within which nothing shall be erected, placed,
parked, planted or allowed to grow in such a
manner as to impede vision between a height of
two (2) feet and eight (8) feet above the
centerlines of intersecting trafficways, shall
be provided as follows:
(a)
Vision clearance at street, alley and
driveway intersections. A visibility
triangle shall be required at all
trafficed intersections. No wall, fence,
hedge, or structure within the visibility
triangle shall exceed a height of two (2)
feet above the elevation of the abutting
street measured at the centerline.
(b)
Dimensions of visibility triangle. The
sides of the visibility triangle shall be
thirty (30) feet at street-to-street
intersections and fifteen (15) feet at
all other intersections. These distances
shall be measured along the well defined
edge of travelways from their point of
intersection. Where no well defined edge
of pavement exists, a probable edge of
pavement shall be established from the
existing centerline of the travelways,
using twelve (12) foot travel lane(s) for
dedicated streets, eight (8) foot half
width for all dedicated alleys and
utility easements, and five (5) foot half
width for single driveways.
Visibility triangles are further defined by the following
diagram.
Residential Lot
Main
Structure
STREET
Corner
ReSidential
Main
Structure
Trellis Structures. Trellis structures that
do not form a barrier may be erected at any
location on a lot except within visibility
triangles. Such trellis structures need not
satisfy the height limitations and
restrictions for residential fences and walls
provided in this subsection C.
D. Fences within Easements.
...~eneral Rule. It shall be unlawful for any
person, association, corporation or other
entity to erect a fence or wall within any
drainage easement unless a fence permit for the
fence or wall is obtained prior to the erection
of the fence or wall, and the fence or wall is
constructed of the materials listed in
paragraphs (1), (2) and (5) of subsection B.
Permitted Fences or Walls. Any fence or
wall proposed to be installed within a utility
or drainage easement that accesses, abuts or
provides the City or utility company with a
5
maintenance area to lot line ditches, canals,
drainage tracts, or drainage right-of-ways, may
be of a permanent or temporary nature.
However, if the City or utility company should
later determine that removal of the fence or
wall is necessary for the installation, repair
or replacement of the drainage or utility
facility, the property owner shall be required
to remove the fence or wall within five (5)
days of his or her receipt of written demand
for removal from the City or utility company.
All costs incurred in the removal and
replacement of the fence or wall shall be the
responsibility of the property owner.
Maintenance. With the exception of drainage
ditches maintained by others, the property
owner shall be responsible for the maintenance
of all property within a utility or drainage
easement regardless of the placement of the
fence or wall. The City may remove any fence or
wall within the easement, as needed, in cases
of emergency.
E. Prohibited Fences and Walls.
General Rule. It shall be unlawful to erect,
construct, install or maintain the following
structures=
(a)
A fence or wall within six (6) feet of
a fire hydrant;
(b) A fence or wall within any street
right-of-way;
(c) An electricity charged fence or wall;
(d)
A fence or wall in a dilapidated condition
which appears to be neglected, unkempt, or
in substantial disrepair, in whole or in
part, and as a consequence thereof is either
unsound, hazardous or ineffectual;
(e)
Any fence or wall containing hazardous
substances such as broken glass, barbed wire,
(except as provided in paragraph (2) below),
spikes, nails, or similar materials designed
to inflict pain or injury to any person or
6
animal. Any fence constructed of such
material shall be deemed to be a public
nuisance.
Barbed Wire Fences. Barbed wire fences
may be permitted by the Planning and Zoning
Commission in commercial and industrial
districts if the proposed fence is a minimum of
six (6) feet and a maximum of eight (8) feet in
height and topped with barbed wire of not more
than three (3) strands; provided, that the
lower strand of barbed wire is not to be placed
lower than six (6) feet six (6) inches from the
ground nor angled outward.
F. Required Screens For Garbage, Refuse Dumpsters.
Notwithstanding anything to the contrary contained
in this Section, all garbage, refuse dumpsters,
regardless of the siting on the property, shall be
screened on at least three (3) sides by masonry
wall, fencing, or other materials permitted
hereunder, at least six (6) feet in height, and
rendering the view of said dumpster opaque
from adjacent properties and public right of ways.
Ail proposed refuse, dumpster screens must be
approved by the Building Official through the
issuance of a fence permit pursuant to the
application procedures set forth in subsection A."
~ection 2. CODIFICATION. It is'the intention of the City
Council of the City of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this Ordinance shall
become and be made a part of the Land Development Code of Ihe City
of Sebastian, Florida; that the sections of this 0rdinance may be
renumbered or relettered to accomplish such intention; and the word
"Ordinance" may be changed to "Section," "Article" or other
appropriate designations.
Section 3.~ CONFLICT. Ail Ordinances or parts of Ordinances
in conflict with the provisions of this Ordinance insofar as they
conflict are hereby repealed.
7
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 ~,~,ediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilman
. The motion was seconded byCouncilman
and, upon being put into 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
KathrynM. 0'Halloran, CMC/AAE
City Clerk
(SEAL)
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 ............... , 1990, and
that following said public hearing this Ordinance was passed by the
City Council.
KathrynM. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: )
FIRST READING OF ORDINANCE 0-90-17 )
MORCMESKY ANNEXATION )
Approved For Submittal By=
City Manager
Agenda No. ~--/~)x 2~ ~
Dept. Origin Communit~ Development~
) (BC~_~
) Date Submitted 12/O6/90
)
) For Agenda Of 12/12/9~
)
) Exhibits: Ordinance 0-90-17,
) Letter from Charles Nash dated
) 11/27/90
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On July 12, 1989, the City Council adopted Ordinance ~-88-34 which annexed
approximately l0 acres of land adjacent to 01d Dixie Highway owned by Mrs.
T. Jane Horchesky. The map that was utilized in the advertisement for the
annexation represented a small 1 acre out-parcel of land that was not
included within the annexation process. Subsequently, Mrs. Morchesky and
her engineer had submitted a Preliminary Subdivision Plan which now
included the out-parcel of land within the boundaries of her property.
Mrs. Morchesky's attorney, Rene Van DeVoorde, has determined that Hrs.
Morchesky does own the out-parcel of land and Ordinance 0-88-34 properly
described within the text of the ordinance the out-parcel but, the map
utilized in the advertisement erroneously excluded the parcel. The City
Attorney advised City Council previously that he would request a written
opinion from the Attorney General to determine whether or not this out
parcel of land was legally annexed into the City of Sebastian. Since it
will take approximately 30 days to receive a written opinion ~rom the
Attorney General concerning this matter, and the possibility exists that
this annexation may be considered invalid, Hrs. Horchesky has elected to
submit and pay new application fees for resubmission of the annexation of
her property. If the property is determined not to be annexed into the
City of Sebastian, then the land use and zoning change would also become
invalid. Therefore, along with the annexation application, Hrs. Horchesky
is requesting a land use amendment and zoning change. Staff respectively
requests that the City Council approve first reading of this ordinance in
order for the City Clerk to advertise for the public hearing. Ordinance
~-90-17 is identical to Ordinance 0-88-34. If approved, the map will be
corrected to be utilized within the advertisement.
RECOMMENDED ACTION
~{ove to approve Ordinance ~-90-17 on first reading and set public hearing
for January 23, 1991.
" FRESE, F LACE, I ASH & TORPY, P.A.
WiI. i,~.~ A. GRIMM
0I~ COUNSEL
ATTORNEYS AT LAW
REC ENED I 0¥ 3 0
November 27, 1990
930 S. H.,L~BOR CITY BLVD.
SUtTE 505
1V~.EL'~OU~%NE. FLORIDA 32901
(4,07) 984-3300
IVA_X (407) 951-3741
T~?IO~
m~O~D CERTX~ZED %N
ESTI~TE ~NIN0 ~D ~RO~T~
~MZTTBD %N ~
Attorney General's Office
Department of Legal Affairs
The Capitol
Tallahassee, FL 32301
Re:
City of Sebastian
Request for Written opinion
our File No.: 90-6157
To The Honorable Robert Butterworth,
Attorney General of the State of Florida:
The undersigned serves as the city Attorney for the City of
Sebastian, Florida. On behalf of the City Manager of the City of
Sebastian, the undersigned hereby requests the opinion of the
Florida Attorney General with respect to the three following legal
issues:
1. Whether an ordinance passed by the city council of a
municipality which purports to annex a certain parcel of property
from the unincorporated area of a non-charter county in 1989 into
the municipality is valid, notwithstanding the fact that the legal
notice published in the newspaper of general circulation in the
coUnty was erroneously excluded in that the legal notice did not
include in its portrayal of the subject real property a portion of
such real property comprising less than two percent of the total
area of the real property being annexed?
2. Whether two subsequent ordinances which amended the
Comprehensive Land Use Plan of the municipality and rezoned the
parcel of real property to a city zoning district are invalidated
due to the fact that the legal notices of those ordinances
published in the newspaper of general circulation in the county
were fatally defective in that they both did not include in their
portrayal of the subject real property a portion of such real
property comprising less than two percent of the total area of the
real property in question?
Attorney General's Office
October 24, 1990
Page 2
3. If the answers to the above questions are yes, is the
applicable ordinance defective only as to the portion of the real
property excluded from the legal notice so that only the portion
would need to be "reannexed", or as to the entire parcel of real
property?
An individual owning a parcel of real property in the
unincorporated area of Indian River County, Florida, a non-charter
county, applied to the City of Sebastian to have the subject real
property voluntarily annexed into the City of Sebastian, thus
causing the subject real property to become part of the corporate
limits of the City of Sebastian. An application was filed to have
the Comprehensive Land Use Plan of the City of Sebastian amended
to include a designation of the property to be annexed.
Furthermore, application was made to have the property in question
rezoned to an industrial zoning district for the City of Sebastian.
Three ordinances were passed by the City Council of the City of
Sebastian after legal notices were published in a newspaper of
general circulation in Indian River County, Florida, in accordance
with Florida Statutes and written notice was provided to the
appropriate adjoining landowners and the appropriate number of
public hearings were held. Furthermore, the ordinance amending the
Comprehensive Land Use Plan was submitted to the Florida Department
of Community Affairs.
Ail three ordinances contained a specific legal description of the
subject real property which included the entire 10.08 acres
(439,085 square feet) of the subject property. However, the map
submitted to the City which depicted the subject real property
showed a rectangular portion on the perimeter of the property as
being not part of the subject property. This rectangular portion
(the "outparcel") comprised approximately .2 acres (8,800 square
feet) of the total subject real property or approximately 1.8
percent of the area of the total subject real property.
The outparcel, which was described as being part of the subject
real property in the legal description contained in all of the
three ordinances, but was not depicted on the map which was
published in the newspaper as part of the public notice of each of
the three ordinances, was located on the southeast portion of the
subject real property on the perimeter. The land to the east of
the subject real property is part of the unincorporated area of
Indian River County. The property to the south of the subject real
property was annexed into the City of Sebastian at the same time
and it was also the subject of a Comprehensive Land Use Plan
Amendment and a rezoning whereby the parcel to the south of the
subject real property was also rezoned as industrial as part of the
City's industrial district. The three ordinances relating to the
subject real property were all adopted by the City Council of the
Attorney General's Office
October 24, 1990
Page 3
city of Sebastian on July 12, 1989. The original survey of the
property had excluded this "outparcel" from the "sketch" portrayal.
A subsequent survey had determined that outparcel was included in
the original legal description. The original surveyor had erred
in omitting the outparcel from the original survey.
The owner of the subject real property is now in the process of
requesting that a preliminary plat to create an industrial
subdivision of the subject real property be approved by the City
Council, and it has been discovered that the legal description for
the subject real property also includes the outparcel which was not
properly depicted on the map that was published in the newspaper
as part of each of the legal notices for the three ordinances in
question. The applicant cannot properly develop the subject real
property if the outparcel (or the entire subject property) is
deemed not to be part of the city of Sebastian.
In researching this matter, I am unable to find any specific
statutes or case law which addresses the issues arising from the
facts of this case.
Note that all three ordinances contain severability clauses so that
if the outparcel is deemed not to have been annexed into the City
of Sebastian, the issue still remains as to whether the remaining
portion of the subject real property has been properly annexed into
the City of Sebastian, redesignated as part of the Comprehensive
Land Use Plan of the City of Sebastian and rezoned as an industrial
zoning district for the City of Sebastian.
Looking forward to receiving your legal opinion in this regard.
Very truly yours,
FRES~ ~ALI_~CE, NASH
Ch-aries Ian Nash
City Attorney
City of Sebastian, Florida
& TORPY, P.A.
CIN/mw
CC: Robert $. McClary, City Manager
Bruce Cooper, Director of Community Development
Rene' VanDeVoorde, Esquire
ORDINANCE NO. 0-90-~7
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION;
ANNEXING TWO PARCELS OF LAND GENERALLY BORDERING THE
NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES,
MORE OR LESS, LOCATED ON THE WEST SIDE OF THE RIGHT-OF-
WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE
ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFFECTIVE DATE.
WHEREAS, the owners of the parcels of land described herein
have petitioned the City of Sebastian to voluntarily annex said
parcels of land; and
WHEREAS, the City Council finds and determines that the land
proposed to be annexed is contiguous to the City of Sebastian and
will not result in the creation of any enclaves; and
WHEREAS, the City Council finds and determines that the land
proposed to be annexed constitutes a reasonably compact addition
to the incorporated territory of the City of Sebastian; and
WHEREAS, the City Council finds and determines that the
annexation of said parcels of property are in the best interest
of the City of Sebastian.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. PROPERTY. That the following described real
property, now lying and being in an unincorporated area of Indian
River County, Florida, is hereby annexed into the City of
1
Sebastian, Indian River County, Florida, and the boundary lines
of said City are hereby redefined to include said real property,
which is described as follows:
Parcel 1 - The North half of the South half of the
Northwest 1/4 of the Northeast 1/4 of Section 7,
Township 31 South, Range 39 East, said land lying and
being in Indian River County, Florida.
Parcel 2 - Beginning 772.92 feet south of the Northwest
angle of Lot 1, in Section 7, Township 31 South, Range
39 East, said point being the intersection of the
Westerly right-of-way of Old Dixie Highway and the West
line of said Lot 1, Section 7, Township 31 South, Range
39 East; thence run south a distance of 217.08 feet;
thence run east a distance of 98.30 feet to the said
Westerly right-of-way of Old United States Highway 1;
thence run Northwesterly along said West right-of-way a
distanoe of 238.61 feet more or less to the point of
Beginning.
These parcels of land are generally situated west of the right-
of-way of Old Dixie Highway and 110 feet south of Woodmere Road,
bordering the northeast portion of the City.
SECTION 2. FILING.
A certified copy of this Ordinance
shall be filed with the Clerk of the Circuit Court of Indian
River County and with the Florida Department of State.
SECTION 3.
CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
SECTION 4.
SEVERABILiTY.
in the event a court of
competent Jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
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
2
-th-is Ordin-an~e 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 upon final passage.
The foregoing Ordinance was moved for adoption by Councilman
. The motion was seconded by Councilman
and, upon being put into a vote,
the vote was as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1991.
CITY OF SEBASTIAN, FLORIDA
By:
W.E. Conyers, Mayor
ATTEST:
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
(SEAL)
3
I HEREBY CERTIFY that notice of public hearing for the
foregoing Ordinance was given in accordance with Section 171.044,
Florida Statutes (1989), on
in the Veto Beach Press Journal, a
newspaper of general circulation in the City of Sebastian; that
this Ordinance passed a first reading on the day of
, 19 , and that this Ordinance passed a second
and final reading on the day of, 19__,
and was adopted by the City Council after a public hearing
conducted prior to adoption on the day of ,
19 .
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
4
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: GDC Bankruptcy
Approved For Submittal By:
City Manager~c
Agenda No. ¢~' ~ ~ ~
Dept. of Origin: city Maria eqg~
Date Submitted= 12/06/90
For Agenda Of: ~/12/90
) Exhibits:
) - Proof Of Claim
)
) - Mosby Report Dated, 11/30/90
)
) - Mosby Report Dated 12/05/90
EXPENDITURE
REQUIRED:
~MOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
S__UMM~RY STATEMENT
In behalf of the City, I filed a Proof of Claim with the United
States Bankruptcy Court in Miami, in the amount of $4,247,959.92.
This represents the total liability which may incur to the City
due to General Development Corporation's breech of the 1979
contract with the City. At my request, Randy L. Mosby, P.E.,
prepared two (2) reports which detail the unmet obligations of
General Development Corporation as outlined in the contract.
These items do not include portions of units 16 & 17 - Sebastian
Highlands which are not yet constructed. They do represent those
street and drainage facilities in other units or in the units of
16 & 17 which are constructed but need either maintenance or
improvement. Additionally, we have included the emergency
repairs made to date in units 16 & 17 in the amount of
$10,603.92.
RECOMMENDED ACTION
No action is necessary at this time.
UNITED, STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
PROOF OF CLAIM
ChatXer 1 ~
Case Nol,
GENERAL DEVELOPMENT CORPORATION
~/o U,S BankruptCy Court
P;O.:Box 013391:-
Mlam!1~Floricl~'331'01 ~"-"
.EAiIE Rrl~ 'THE iNiTRUb'IlONI ON THE IIIEVElilI~ IIDE ~FULLY iEFC)~E FIU..IN~I OUT THI~ FI"IOOF OF
A. DE~I'O~: GENERN. DEVELO~MEN'r CORPORATION ('GiDC') eo.12231 .BKC-AJC
i. CREDITOR INFORMAl]ON
(Tl~e omdltor Ii the potion or e(hM enUty to wtlem the AWem Owe money er
~ml Il'dO ~ldrlll of Creditor 901223]..0301062'~0
CITY OF SEBASTIAN
PO BOX 780127
SEBASTIAN FL 32978
pre~duaiy filed oleJm "geed:
p(avt~ulty filed claim dated:
you IXedo~lty filed: (if
~~heck box at'icl attech copy of
ultgnmont ff claim ha. ~.een illtgned
to you.
BASIS FOR CLAIM
CONTRACT FOR f~IRCHABE OF HOME
~O~ F~ ~RCHABE OF ~D
deeD8 80~ ~ ~iCE8
~ERFO~E~
~ONIE8 LO~
T~8 (De~ ~
T~ ~ Tb ,,,
T~We P~ ,
Your olaim lo toheduled by the De.er u:
D~spu~ed
6%,
~J~OND8 ir)d/ut DEBENTUFIE8
~,STOCK~ .,n,'llor STOCK wA,qlR,~d~IT8
~,WA(3ES / BENEFIT8
(in U,8, DoliArl)
Unsecured
If there Il ~ emoulY( ltlown, you hmo I olMm
i~edulod ~ ~. ff ~e fMIMng W:
"~0~ C~, t~,~ you ~0 ~
'STOO~O~ER' or '8~O~
~OC~O~ER' ~po~, y~ ~e er were
h~er ~ B~dB, Debo~urel, ~oo~ er
W~l ~h no l~e0uled claim miler
~r ~ncip~ ~or imMe~ or tQUI~
saree ~ the ~au~ tcfle~ed~e
~e~or or VDU ~lVt ~reldv filial vou~ ci~
~DU dD ~ ~lid ta file this at~ ~ ~
C. CLAIM INFORMATION The amount of ollim you prev~iou~iy f!loct.(If any):
If you have el~eoitab STOCK8 in,/or STOCK
WARRANTS, PLEASE BE ADVISED THAT THE
. u~T OF SHAREHOI.~ERS FILED EY THE
DEBI'OR8 CONSTITUTES PRIMA ~
~OTHER (DESOmBE BRIEFLY) EVIDENCE OF THE VALIDfT'Y AND AMOUNT OF
LmderT~HOSE SHAFIEHOLDERe' INTEREST AND iT
Debtor breached ob ligation s~u. NOT BE NECESSARY FOR THEM TO FIlE
contract to i]T~rOVe al'ed/or main-ApR°OF°F~NT~REsT.
rain streets and drainage in IfyouhaveoneoitedaONOein(t/er
DEBENTURES, you may not need to file
~ ~.~ w~ ~,~-:: 8/15/7 9 General ~velo~ent projects ~ th,. ,~ ~ c,~ fer p..~l~
~ City of Sebasti~. ~d/or Imem. due under ~.
B~D~EBE~8. ~o N~o 1 ~
/ CHECKING THE APPROPRIATE BOX OR BOXES whloh you Dailave belt Aeecrt0el the claim.
rATE THE AMOUNT OF THE CLAIM IN U.8. DOLLARIL
CLASSIFICA31ON OF CL&JM; Under the Binitruptw Cm:~o ail olaime are clultfied la eno or mere of the following: (1) Primly, (~) ~oured. (3) NI Oth~ CllJm$. Clllltfy the nature of the cliJm
I~RJOl~rY CLAJM $
You have I I~Orify ~laim
. ~lgol, l~el or oommll~onl (up to
o~od ~hlfl O0 d~ bMoro filing ~ the
b~m~ ~1~ · 11 U.8.C, I~? (~(3)
C~d~ione to ~ ~ee b~ ~1~ (up to
IL~0, loll ~l 01~0 under
rom~ ~ prop~ Ut lo.oil for pwon~, f~l~
er ~oulehoId ute - 11 U.~.C.
.,, Tull or ~Iol M g~m~a un~l · 11 U.8.O.
1~07(~(~
~her (l~ ~nd~ 8e~i~ ~7 for P~o~
X A3
SECURED CLAIM $
Attach avtdinGe of pen'o~lon of eeourlty
B~lof ~,~ee~lption of CollMerai:
__.__RelJ Eltate · Motor Vehicle Other
)~.OTHEH C~MS g 4 .~47 ~ 59.9~
For the purpOlel of thll roi?n, &Olaim Ii ALL OTHER ff
.... thee ~ ~lltatai. or to the e~tenl thl va of
~olleterai Il leto th~n the amou~ of the de~, or If
it duel not quai~ u in A1 [mlo~ly ~laim unclet $eoflon
fi07 of the BinKn.~ptoy Cwte,
...,~.4;~s 4.247.959.9?
TOTAL AMOUNT OF C.,~NIM IN U.& ~8:8 ~o~ (~ecumd) ~m~)
Aflaofl oopiel M dooum~J Iff lu~ M thtl olWm, Bucn ~ ~r~uo ~derl, l~lcel, h~lz~ ~8 ~ running ioooumt, oomra~l, coufl Judgment, er ~dinoo ~ o~u~ ImMom, E the
Thil fo~ iflouid ~bt Ol~ tO rome I =~m f~ IX~fllll Incuffe0 ~the filing ~ tho ~ pMRi~, 8uoh expinoe may be p~d only upon ~oper ~pllo~lon ~d nMtco puriu=t to 11
gmn~ y~r
. To r~eNe ~ ~M~gm~ M the r~ M your GlUm, onclooe a m~ped, I~-I0~rellO0 o~elope ~a I co~ ~ your clmm.
D. CERTIFICATION
· ~e undlrllgfled oe~filel under I:~naity of penury thM the demur named -~eve II indeMe0 to the olaimint In the amount lh~, thll there ii no leourity for
,e de~ Mher thlul th~ Mated i~ave M In lul llteollment to thil fo-m, thlt no unmatured Intereitt Il included, ind that the undersigned II authorized to mike thio claim.
me, SlOn ~md P~the Name and T~e, if any, of the Creditor or Other Penmn Jua~orIzed to File thil Claim.
Robert S. McClary, City ~lana~er, Cit7 ~/Sebastian
'Cell mail thl! form to (]DC at the eddrell let forth above. AJI clairol must be reeetvld Dy Deoemeer 10, log0,
enaity for Prelentlng Froudulint Claim; Fine up to $5,000 or Impfllonmint for up to ~ ye~'l, or both. Title 18, U.$.C. §15~ ired §3671.
MOSBY AND ASSOCIATES, INC.
CONSULTIt'IG 17tI("~INEERS
November 30, 1990
! 507 20TH STREET
P.O. BOX 6368
VERO BEACH, FLORIDA 32961
407-569-0035
Mr. Robert S. McClary
City Manager
City of Sebastian
Post Office Box 127
Sebastian, Florida 32978-0127
Subject:
Sebastian Highlands Units 16 and 17
Sebastian, Florida
Engineer's Project No. 90-449
Dear Mr. McClary:
As requested, we have completed our on-site inspection and review
of the existing roadway and drainage conditions of Units 16 and
17 of the Sebastian Highlands. The purpose of our inspection was
to determine the extent of the deteriorated roadways and drainage
and to develop a cost estimate for the repair or replacement of
the roadways and drainage structures. Our inspection included
the following items:
I. Unit 16
a. Inspection of the existing roadways.
b. Inspection of the existing roadway curb and gutters.
c. Inspection of the existing drainage ditches.
General inspection of the existing drainage culverts
and structures.
II. Unit 17
Inspection of the existing roadways. An inspection
of the newly completed portion of Unit 17, located
in the southeast section of Unit 17, was not com-
pleted.
Hr, Robert $. Mc~lary
November 30, 1990
Page 2
b. Inspection of the existing roadway swales.
c. Inspection of the existing drainage ditches.
Inspection of the existing drainage culverts and
structures.
III. Elkcam Waterway
We performed a general inspection of the Elkcam Waterway
to determine the extent of the seawall that has not been
constructed to the west of the Sebastian Highlands. We
have provided an estimate of the construction of Elkcam
Waterway drainage control structure. Since we have not
been provided with construction details of the drainage
overflow structure, the construction cost estimate is sub-
Ject to change.
IV.
Wentworth Street Drainac~. Ditch
It is our understanding that the Wentworth Street
drainage ditch has been constructed in the wrong location.
We inspected the ditch to determine what would be
required to relocate the ditch and the cost of the
improvements.
It should be noted that no inspections were performed
areas where the roads have not been constructed.
in the
We have previously submitted, to your office, the following
documents detailing the findings of our on-site inspections:
Three (3) copies of drawing Sheet 1 of 3 detailing the lo-
cation of the existing drainage culverts and structures,
within Unit 16 and the older portions of Unit
Three (3) copies of drawing Sheet 2 of 3 and 3 of
detailing the location of where our construction photo-
graphs were taken and a listing of what the pl~otograph
depicts for Unit 16 and Unit 17 respectively.
3
One (1) set of four (4) aerials of Units 16 and 17 in
which we have noted the drainage ditches which require
improvements.
An album of photographs taken during our on-site inspec-
tion.
Mr. Robert S. McClar¥
November 30, 1990
Page 3
· .- .... .--The following is a generalization of our findings:
i. Unit 16
The overall condition of Unit 16 is fairly good. All
the roadways require resurfaclng with at least one
inch (1") of asphalt. There are some locations which
require repair to the base and subgrade.
Since the drainage collection system consists of curb
and gutter and drop inlets, we were unable to determine
the condition of the underground culvert pipes. Ail
the curb and gutter requires cleaning and removal of
weeds. Ail drainage ditches require cleaning out.
II.
unit 17
We recommend that all the streets, roadway swales and
drainage structures be replaced and regraded within the
older portion of Unit 17, south of Elkcan Waterway. The
roadways of the portion of Unit 17, north of Elkcan Water-
way are constructed with curb and gutter and are in fairly
good shape. We have not included the entire replacement
of the drainage culverts in our cost estimate for this
portion of Unit 17 except for the drainage structures
that need immediate repair.
The following is a list of the streets, along with their
lengths that were inspected. The streets and their
lengths were provided by the City of Sebastian in a memo
from Mr. Dave Fisher dated January 31, 1990. The pipes'
lengths and sizes, outlined in the following cost
estimate, are based on our on-site inspection.
Unit 16
Old Existin~ Streets
Englar Avenue
Klldare Drive
Harris Drive
LaPlaya Lane
Indian Avenue
Ala Meda Avenue
Cardinal Drive
Nigh Court
Conover Avenue
Ogden Avenue
7,500'
3,000'
3,000'
1,500'
600'
1,000'
1,400'
1,000'
1,000'
1,000'
Total ........................................... 21,000 LF
Mc. Roberb S.
November 30,
Page 4
McClary
1990
old
Unit 17
Existing streets
Barber Street
schumann Drive
Filbert Street
Hlnchman
Nebraska Circle
Friar Court
Bryant Court
Melton Avenue
Lancaster Street
Karrigan Street
Larchmont Terrace
Landover Drive
Redgrave Drive
Joy Haven
Curtis
Thunderbird Drive
S. East Street
Caprona Street
Empress Avenue
Marsh Street
Dahl Avenue
Ormand Court
Capri Avenue
Englar Drive
Osceola
Aetna Street
Admiral Circle
Flint Street'
Lance Street
Mabry Street
Crawford Drive
Sprin9 Valley Avenue
(Curb
(Curb
( Cur b
( Cur b
(Curb
.(Curb
(Curb
(600' Curb
(Curb
(Curb
(Curb
(Curb
(Curb
(curb
(Curb
(Curb
Total ....... · .........................
Gutter)
Gutter)
Gutter)
Gutter)
Gutter)
Gutter)
Gutter)
Gutter)
Gutter)
Gutter)
Gutter)
Gutter)
Gutter)
Gutter)
Gutter)
Gutter)
2,300'
8,500'
3,900'
2,050'
2,550'
1,750'
800'
1,550'
1,000'
1,000'
3,550'
1,000'
1,200'
200'
850~
1,150'
1,400'
2,600'
1,900'
800'
1,400'
1,000'
2,100'
2,000'
800~
1,000'
1,900'
700'
200'
3,330'
2,300'
1,700'
........... 58,480 LF
11.08 Miles
Mc. Robert S. McClary
Novembe~ 30, 1990
Page 5
.... The following.' is the cost estimate for .the repair and
'--reconstruction of the roadways and drainage structures within
Units 16 and 17. It should be noted that a cost contingency .will
be added to this cost estimate since a very detailed topographic
survey of the existing roadways and drainage swales was not
provided to determine the actual extent of the deteriorated
drainage roadway swale. Since there are so many problems within
the Sebastian Highlands, it could be determined with a detailed
analysis that the entire drainage system may require
reconstruction. Also, it should be noted that the existing pipes
consist of corrugated metal pipe which is not acceptable by
today's standards. Our cost estimate is based on the replacement
of the culverts with corrugated aluminum pipe.
Preliminary Cost Estimate
Item Quantity Unit Cost Cost
I. Unit 16
1. Resurface the
Existing Roadways 21,000 LF $ 7.00/ft $
147,000
2. Repair & Clean
Curb & Gutter 42,000 LF $ 1.00/ft $ 42,000
3. Improve Existing
Drainage Ditches 3,340 LF $ 5.00/ft $
16,700
4. Replace Curb
Inlets 3 Ea. $ 5,000/Ea. $ 15,000
Sub-Total ........................................... $ 220,700
II. Unit 17
1. Roadway Replacement
w/Swales 34,750 LF
16.00/ft $ 556,000
2. Roadway Resurfacing
w/Curb & Gutter 23,730 LF $ 7.00/ft $ 166,110
3. Remove Existing
Roadway 34,750 LF $ 3.00/ft $ 104,250
Mr. Robert S. McCla[¥
November 30, 1990
Page 6
,u Item Ouantl~ Unl_~_t Cost
4. Drainage Culverts
a. 15"0 CAP 15 LF $ 19.00/LF $ 285
b. 18"0 CAP 749 LF $ 23.00/LF $ 17,227
C. 21"0 CAP 135 LF $ 26.00/LF $ 3,510
d. 24"0 CAP 374 LF $ 30.00/LF $ 11,220
e. 48"0 CAP 68 LF $ 97.00/LF $ 6,596
f. 54"0 CAP 51 LF $ ll0.00/LF $ 5,610
g. 28" X 20" CAP 62 LF $ 40.00/LF $ 2,480
5. Remove Existing
Culverts 1,454 LF $ 6.00/LF $ 8,724
6. Concrete Headwalls
a. 15"0 CAP 2 Ea. $ 500.00/Ea. $ 1,000
b. 18"0 CAP 36 Ea. $1000.00/Ea. $ 36,000
c. 21"0 CAP 2 Ea. $1800.00/Ea. $ 3,600
d. 24"0 CAP 14 Ea. $2000.00/Ea. $ 28,000
e. 48"0 CAP 2 Ea. $4500.00/Ea. $ 9,000
f. 54"0 CAP 2 Ea. $5500.00/Ea. $ 11,000
g. Double 18"0 CAP 4 Ea. $1800.00/Ea. $ 7,200
h. 17" x 13"0 CAP 9 Ea. $1600.00/Ea. $ 14,400
i. 21" x 15"0 CAP 3 Ea. $1800.00/Ea. $ 5,400
7. Dispose of Existing
Concrete Headwalls 1 LS $ 50,000/Ea. $ 50,000
8. Regrade Roadway
Swales 69,500 LF $ 3.00/ft $ 208,500
9. Improve Existing
Drainage Ditches 12,180 LF $ 5.00/ft $ 60,900
10.Repair & Clean
Curb & Gutter 47,460 LF $ 1.00/ft $ 4'1,460
Sub-Total ........................................... $1,364,472
III. Elkcam Waterway
1. Complete Seawall 9,850 LF $ 125.00/ft $1,231,250
2. Drainage Control
Structure 1 Ea. $300,000/Ea. $ 300,000
Sub-Total ........................................... $1,531,250
Mr. Robert S. McClary
November 30, 1990
Page 7
IV.
Item Quantity Unit Cost
Wentworth
Drain~e Ditch
Fill Exlstlng Ditch 12,963 Cu. Yd. $ 4.00/CY $ 58,334
Reconstruct New
Drainage Ditch 13,000 Cu. Yd. $ 3.50/CY $ 45,500
Sub-Total ........................................... $ 103,834
Sub-Total Items I, II, III & IV ..................... $3,220,256
Construction Contingency (10%) ...................... $ 322,000
Total Cost .......................................... $3,542,256
Roadway replacement includes new asphalt and coquina base.
The existing soil cement base is proposed to be used for the
required stabilized subgrade.
The herein cost estimate is based on a limited amount
the field. During construction, as items are
additional required improvements may be discovered.
costs for pavement replacement does not include fill
subgrade construction.
We are available to meet and discuss any aspect of this
your earliest convenience.
information,
please call.
Should you require further
Randy,Z4~. Mosby, ~.E.
of time in
uncovered,
The unit
nor new
report at
RLM:bes
cc
eric.
MOSBY AND ASSOCIATES, INC.
CONSULTING ENGINEERS
1507 20tH STREet
P.O, BOX 6368
VEtO BeACH, FLORIDA 32961
407-569-0035
December 5, 1990
Mr. Robert S. McClary
City Manager
City of Sebastian
Post Office Box 127
Sebastian, Florida 32978-0127
Subject:
Collier Creek - Unit 11
General Development Corporation
Sebastian, Florida
Engineer's Project No. 90-101K
Dear Mr. McClary:
Enclosed is a copy of an aerial of the southern portion of Unit
16 and the northern portion of Unit 11. As part of th construc-
tion drawings, for Unit 11, a stormwater managment lake was to be
constructed as part of Collier Creek construction in the area
just north of Caravan Street. The enclosed aerial delineates the
area of the original designed lake which has not been constructed
as part of the original construction of Unit 11. In order to
complete the construction of the lake as designed, we estimate
the construction cost to be as follows:
1. Clearing and
Grubbing
Excavation
6.7 Acres $3,000/Ac. =
125,000/C.Y. $ 5.00/C.Y. =
$ 20,100.00
$625,000.00
Slope
Stabilization
& Littoral
Zone Planting
1 LS = $_50,000.00
Total ........................................... $695,100.00
Mr. Robert S. McClary
Decemmber 5, 1990
Page 2
information, please call.
enc.