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HomeMy WebLinkAbout01231991 City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 A G E N D A SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 23, 1991 - ?:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATI~Toussaint - Deacon - St. Sebastian Catholic Chufo~-~ 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS ~ND/OR ANNOUNCEMENTS 91.030 A. Proclamation - Calling 3/12/91 General Election 7. PRESENTATIONS 91.035 Teens Against Boredom ("TAB") - Request to Use City Building as a Teen Center (City Manager Recommendation dated 1/17/91, TAB Wish List) 91.036 Sebastian Panther Football Cheerleading Youth Group - Request for Security and Fee Waiver for Use of Community Center - Fund Raiser Teen Dance 2/2/91 - 7:00 p.m. to 11:00 p.m'. (Application and Letter dated 1/10/91) 90.289 91.013 t PUBLIC HEARING~ FINAL ACTION A. ORDINANCE NO. O-90-17 - Morchesky Voluntary Annexation 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 EFFECTIVE DATE. (lst Reading 12/20/90, Advertised 12/28/90, 1/4/91, 1/11/91, 1/18/91, PH 1/23/91) ORDINANCE NO. O-91-05 - Morchesky Comprehensive Land Use Plan Amendment 1ST PUBLIC HEARING AND TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS - PURSUANT TO F.S. 163.3184 (15)(b)1. "..THE INTENTION TO HOLD AND ADVERTISE A SECOND PUBLIC HEARING SHALL BE ANNOUNCED AT THE FIRST PUBLIC HEARING." AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY LD2 DISTRICT AND MXD DISTRICT TO CITY'IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN 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 EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91 1/4 page) 2 91.012 90.226 91.004 ORDINANCE NO. O-91-07 - Fisher Comprehensive Land Use Plan Amendment 1ST PUBLIC HEARING AND TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS - PURSUANT TO F.S. 163.3184 (15)(b)1. "..THE INTENTION TO HOLD AND ADVERTISE A SECOND PUBLIC HEARING SHALL BE ANNOUNCED AT THE FIRST PUBLIC HEARING." AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM COR (COMMERCIAL OFFICE RESIDENTIAL) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT FOR LAND LOCATED IN THE NORTH CENTRAL AREA OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND NORTHWEST OF CROSS STREET; PROVIDING FOR A COPY OF THE DESIGNATION CHANGE TO THE COMPREHENSIVE LAND USE PLAN MAP TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91 1/4 page) D. ORDINANCE NO. O-91-01 - Political Signs AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGARDING POLITICAL SIGNS; AMENDING SECTION 20A-15.3 TO PROVIDE FOR NEW AND ADDITIONAL DEFINITIONS; AMENDING SECTION 20A-15.6B TO PROHIBIT THE PLACEMENT OF POLITICAL SIGNS ON PUBLIC PROPERTY AND TO REGULATE THE PLACEMENT AND REMOVAL OF POLITICAL SIGNS ON PRIVATELY OWNED PROPERTY IN RESIDENTIAL AND NONRESIDENTIAL DISTRICTS; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROViDING.FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1/2/91 Discussion, 1/9/91 Reading, Advertised 1/12/91, PH 1/23/91) 3 91.'006 91.005 RESOLUTION NO. R-91-01 - Morchesky Sand Mining Special Use Permit A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 10 ACRES IN SIZE MORE OR LESS, FOR CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY OF SEBASTIAN, ON THE WEST SIDE OF THE RIGHT-OF- WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD LOCATED IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91) RESOLUTION NO. R-91-02 - Chesser's Gap Sandmining Special Use Permit A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOiL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 512, SOUTH OF THE INTERSECTION OF COUNTY ROAD 512 AND FLEMING STREET, APPROXIMATELY THREE AND ONE-HALF MILES WEST OF U.S HIGHWAY 1, ALSO KNOWN AS STATE ROUTE 5, AND EAST OF STRAIT AVENUE, LOCATED IN SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91,.Advertised 1/16/91) 4 91.007 91.018 RESOLUTION NO. R-91-03 - Flatt/DeCristofaro Sandmining Special Use Permit A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 10 ACRES IN SIZE MORE OR LESS, FOR CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY OF SEBASTIAN, ON THE WEST SIDE OF THE RIGHT-OF- WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD; LOCATED IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91) RESOLUTION NO. R-91-09 - Indian River Yellow Cab Permit & Certificate of Public Convenience and Necessity A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO INDIAN RIVER YELLOW CAB, INC.; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CODE OF THE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABILITY INSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/9/91, Advertised 1/18/gl) 9. PUBLIC INPUT A. Non-Agenda Items - None B. A~nda Items 5 91.031 91.032 91.033 91.034 91.008 10. 11. 12. CONSENT AGENDA A. Approval of Minutes - 1/9/91 Regular Meeting Waive Bid - Engineering Dept. - Purchase 1/2 Ton Pickup - Dural Ford, Jacksonville - $9895 (State Contract Price) (Staff Recommendation dated 1/14/91, PW Director Memo dated 1/14/91) Award Contract to Ameraquatic - Hyacinth Control Schumann and Elkcam Waterways - $3030 (Staff Recommendation dated 1/16/91, PW Director Memo dated 1/14/91, Contract and Location Map) Approve Softball Concession Agreement Extension - BSSC - City of Sebastian and Sebastian Officials Association (City Manager Recommendation dated 1/16/91, 85 Agreement) COMMITTEE REPORTS/RECOMMENDATIONS A. Riverfront Committee Recommendations Re: Members (Staff Recommendation dated 1/8/91, Kinchen Memo dated 1/8/91, Jones Letter dated 1/9/91, P.D. Check) a. Appoint Peter Jones as Chairman b. Appoint Allison Tripp as Vice-Chairman c. Appoint Alternate Member from Among Applicants OLD BUSINESS A. RESOLUTION NO. R-91-05 - Collier Creek Commercial Park Preliminary Plat Approval A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE APPROVAL OF A PRELIMINARY PLAT FOR A MAJOR SUBDIVISION FOR A PARCEL OF LAND APPROXIMATELY 10.23 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 512, WEST OF SOUTH WIMBROW DRIVE, NORTH OF GEORGE STREET, AND EAST OF STRAIT AVENUE, SUBJECT TO CERTAIN CONDITIONS; WAIVING CERTAIN SIDEWALK REQUIREMENTS; PROVIDING FOR BINDING EFFECT; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1/2/91 Discussion) 6 91.010 91.011 Bm RESOLUTION NO. R-91-06 - River Oaks Final Plat Approval A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN SPRINGS, UNIT 4, RIVER OAKS, CONSISTING OF 40.5 ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) C. RESOLUTION NO. R-91-07 - Crsek Island Final Plat A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN SPRINGS, UNIT 3, CREEK ISLAND, CONSISTING OF 6.5 ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SiGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) De RESOLUTION NO. R-91-08 - San Sebastian Lakes Final Plat A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN LAKES, CONSISTING OF 11.11 ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) 13. NEW BUSINESS ~-.~',~" .'~"91..O30.-"~..~ ..... ~A~ RESOLUTION NO. R-91-04 - Calling 3/12/91 Election A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION FOR THE PURPOSE OF ELECTING THREE (3) CITY COUNCILMEN FOR TERMS OF TWO (2) YEARS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 91.030 March 12, 1991 Election - City Clerk Request for Approval of Certain Items Pertaining to Supervisor of Elections and Authorization of $3,500 Payment (Staff Recommendation dated 1/8/91) 91.013 C. ORDINANCE NO. O-91-06 - Morchesky Rezoning 1ST READING, SCHEDULE PH WHEN 0-91-05 COMPREHENSIVE LAND USE PLAN AMENDMENT IS RETURNED FROM DCA AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN 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 FROM COUNTY ZONING DISTRICTS Al, RM6, AND IL TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Discussion 1/2/91) 91.012 D. ORDINANCE NO. 0-91-08 - Fisher Rezoning 1ST READING, SCHEDULE PH WHEN 0-91-07 COMPREHENSIVE LAND USE PLAN AMENDMENT IS RETURNED FROM DCA AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE NORTH CENTRAL AREA OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND NORTHWEST OF CROSS STREET; FROM COR (COMMERCIAL OFFICE RESIDENTIAL) 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. (Discussion 1/2/91) 8 14. 15. 16. 17. 18. MAYOR'S MATTERS COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau CITY ATTORNEY MATTERS CITY MANAGER MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THiS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 9 The following is a list of actions taken at the 1/23/91 Regular Meeting. Ail ~ correspondence should be copied to file and any file to go in vault should have its backu~ material put in chronological order and placed in clips within file 91.030 - Proclamation - 3/12/91 General Election - ACCEPTED Post on Board File copy 3/12/91 General Election File 91.035 - Teens Against Boredom ("TAB") - Request to Use City Building as a Teen Center - APPROVED Create File Copy Minutes to File, P.D., Finance, DCD Letter to TAB (Becky Snyder) File City Owned Property in Vault 91.036 - Sebastian Panther Football Cheerleading Youth Group - Request for Securit~ and Fee Waiver for Use of Community Center - Fund Raiser Teen Dance 2/2/91 - 7:00 ~.m. to 11:00 p.m. - Security reduced to SiO0 and APPROVED Letter to SPFCYG Copy minutes to Finance File to Linda 90.289 - ORDINANCE NO. 0-90-17 - Morchesk¥ Voluntary Annexation - ADOPTED - see pages 63 - 65 procedures manual Sign, Seal, Fill in Blanks Copy (with map and cover letter explaining that this ordinance was adopted previously but due to an incorrect map had to be redone) to Solin & Assoc, IRC Planning, IRC Commission, IRC Property Appraiser, Treasure Coast Regional Planning Council, Lloyd & Assoc., IRC Supervisor of Elections, Southern Bell, FPL, P & Z, P.D., IRC Emergency Management, Attorney Rene Van de Voorde, and City Attorney (his copy doesn't need letter) Record original When returned, copy w/ letter and map to Secretary of State, Office of Governor and file Blue back original and file in vault File backup in "PUDS/SUBDIVISIONS" in vault Update O-91 list in computer 91.013 - ORDINANCE NO. O-91-05 - Morchesky ~gmprehensive Land Use Plan Amendment - APPROVED ON 1ST READING FOR TRANSMITTAL TO DCA Make 10 copies of Ordinance and minutes page for transmittal to DCA Have Director of Community Development do transmittal letter mail all to DCA Letter to applicant notifying action taken File pending credenza 91.012 - ORDINANCE NO. 0-91-07 - Fisher Comprehensive Land Use Plan Amendment - APPROVED ON 1ST READING FOR TRANSMITTAL TO DCA Make 10 copies of Ordinance and minutes page for transmittal to DCA Have Director of Community Development do transmittal letter mail all to DCA Letter to applicant notifying action taken File pending credenza 90.226 - 91.004 - ORDINANCE NO. 0-91-01 - Political Signs ADOPTED Sign, seal, fill in blanks Copy to City Attorney, file, Muncipal Code Corporation w/ letter, Dept. Community Dev., P & Z, Mail letter to candidates w/ copy of ordinance Blue back original and file in vault File ordinance backup in vault Update 0-91 in computer 91.006 - RESOLUTION NO. R-91-01 - Morchesky Sand Mining Special Use Permit - ADOPTED - staff to contact Game & Fish Staff to contact Game & Fish re: endangered species Sign, Seal, fill in blanks Be certain compliance and restoration bonds have been received prior to permitting pursuant to 20A- 5.30 (e) Copy to City Attorney, DCD, P & Z, IRC County Planning and file Blue back original and file in vault File backup in "PUDS/SUBDiVISIONS" in vault Update R-91 in computer Be certain fee for certified letters has been received pursuant to 20A-2.6 C.1 and E Indicate in index that expiration is 1/22/92 91.005 - RESOLUTION NO. R-91-02 - Chesser's Gap Sandminin~ Special Use Permit - ADOPTED Sign, Seal, fill in blanks Be certain compliance and restoration bonds have been received prior to permitting pursuant to 20A- 5.30 (e) Copy tO City Attorney, DCD, P & Z, IRC County Planning and file Blue back original and file in vault File backup in "PUDS/SUBDIVISIONS" in vault Update R-91 in computer Be certain fee for certified letters has been received pursuant to 20A-2.6 C.1 and E Indicate in index that expiration is 1/22/92 2 10. 91.007 - RESOLUTION NO. R-91-03 - Flatt/DeCristofaro Sandminin~ Special Use Permit - ADOPTED Sign, Seal, fill in blanks Be certain compliance and restoration bonds have been received prior to permitting pursuant to 20A- 5.30 (e) Copy tO City Attorney, DCD, P & Z, IRC County Planning and file Blue back original and file in vault File backup in PUDS/SUBDIVISIONS in vault Update R-91 in computer Be certain fee for certified letters has been received pursuant to 20A-2.6 C.1 and E Indicate in index that expiration is 1/22/92 11. 91.018 - RESOLUTION NO. R-91-09 - Indian River Yellow Cab Permit & Certificate of Public Convenience and Necessity ADOPTED Sign, seal, fill in blanks Copy to City Attorney, file, applicant w/letter, other services (City Cab, Yellow Cab of Sebastian) w/ letter, and P.D. Blue back original and file in vault File backup "PERMIT & CERTIFICATE OF CONVENIENCE AND NECESSITY" in vault Update R-91 in computer IF DENIED applicant may not reapply for 6 months 12. Approval of Minutes - 1/9/91 Regular Meeting - APPROVED Sign, Seal, place in 91 minutes book - be certain agenda is in book 13. 91.031 - Waive Bid - ~ngineering Dept. - Purchase 1/2 Ton Pickup - Duval Ford, Jacksonville - 89895 - APPROVED Letter to Duval Ford Copy minutes to file, PW/Eng, and Finance File 91 "PURCHASES" in vault 14. 91.032 - Award Contract to Ameraquatic - Hyacinth Control Schumann and Elkcam Waterways - $3030 ---APPROVED with addition of Schumann Lake for additional S300 per month Letter to Ameraquatic (Manager will handle) Get original contract for signature (Manager will handle) Copy to file Copy minutes to Finance, PW and file File "AGREEMENTS" in vault with previous contract 3 15. 91.033 - Approve Softball Concession Agreement Extension L BSSC - City of Sebastian and Sebastian Officials Assoc. APPROVED for the winter season Letter to SOA w/copy of contract and explanation of action taken (Manager will do letter), Copy minutes to file and Finance File "AGREEMENTS" in vault 16. 91.034 - Riverfront Committee - Recommendations Re: Members PUT RIVERFRONT STUDY COMMITTEE INFO IN BACK OF HANDBOOK Appoint Peter Jones as Chairman - APPOINTED Letter to Jones Copy minutes to Riverfront Comm. Add to "Board Handbook" pages Distribute new pages to all board secretaries Update Commission on Ethics Form Appoint Allison ~ as Vice-Chairman - APPOINTED Letter to Tripp Copy minutes to Riverfront Comm. Add to "Board Handbook" pages Distribute new pages to all board secretaries Update Commission on Ethics Form Brodie appointed regular member - APPOINTED Letter to Brodie Copy minutes to Riverfront Comm. Add to "Board Handbook" pages Distribute new pages to all board secretaries Update Commission on Ethics Form c. ~ Alternate Member from Among Applicants GILLIAMS, LULICH AND MOSBY ALL APPOINTED ALTERNATE Letter to appointees w/ copy of Govt. in Sunshine brochure and Financial Disclosure form to be filled out and submitted to Supervisor of Elections Copy minutes to Riverfront Comm. Add to "Board Handbook" pages Distribute new pages to all board secretaries Update Commission on Ethics Form 4 17. 91.008 - RESOLUTION NO. R-91-05 - Collier Creek Commercial Park Preliminary Plat A~ - ADOPTED Sign, seal, fill in blanks copy to City Attorney, applicant w\ letter, file, DCD, P & Z Record original resolution When returned blue back original and file in vault Mail recorded copy to applicant Update R-91 in computer indicate that applicant has until 7/23/93 to submit final plan unless extension is requested File backup in "PUDS/SUBDIVISIONS" in vault 18. 91.009 - RESOLUTION NO. R-91-06 - River Oaks Final Plat Approval - ADOPTED Sign, seal and fill in blanks Copy to City Attorney, file, DCD, P & Z, applicant w/ letter Clerk to record final plat after signature of Mayor, City Engineer, City Attorney and City Clerk - need 845.00 from applicant and if we want a copy we pay 820.00 When copy of final plat returned place in file Blue back original resolution - file in vault File backup in "PUDS/SUDIVISIONS" in vault (this is a section of San Sebastian Springs) Update R-91 in computer 19. 91.010 - RESOLUTION NO. R-91-07 - Creek Island Final Plat - ADOPTED Sign, seal and fill in blanks Copy to City Attorney, file, DCD, P & Z, applicant w/ letter Clerk to record final plat after signature of Mayor, City Engineer, City Attorney and City Clerk - need $30.00 from applicant and if we want a copy we pay $10.00 When copy of final plat returned place in file Blue back original resolution - file in vault File backup in "PUDS/SUDIVISIONS" in vault (this is a section of San Sebastian Springs) Update R-91 in computer 5 20. 91.011 - RESOLUTION NO. R-91-08 - San Sebastian Lakes Final Plat - ADOPTED Sign, seal and fill in blanks Copy to City Attorney, file, DCD, P & Z, applicant w/ letter Clerk to record final plat after signature of Mayor, City Engineer, City Attorney and City Clerk - need $45.00 from applicant and if we want a copy we pay $20.00 When copy of final plat returned place in file Blue back original resolution - file in vault File backup in "PUDS/SUDIVISIONS" in vault (this is a section of san Sebastian Springs) Update R-91 in computer 21. 91.030 - RESOLUTION NO. R-91-04 - Calling 3/12/91 Election ADOPTED Sign, seal and fill in blanks Copy to City Attorney, file, Supervisor of Elections w/ Letter along with items below Blue back original and file in vault File backup pending until after election Update R-91 in computer 22. 91.030 - March 12L 1991 Election - Citer Clerk Request for Approval of Certain Items Pertaining to Supervisor of Elections and Authorization of 83,500 Payment - APPROVED Request Check for Supervisor of Elections for $3500 from Finance When received copy check to 3/12/91 election file and enclose check in letter to SOE along w/ official ballot and approval of other action items File in 3/12/91 Election file File pending 23. 91.013 - ORDINANCE NO. O-91-06 - Morchesky Rezo.ning - 1st read accepted Letter to applicant notifying action taken File pending (w/ O-91-05) 24. 91.012 - ORDINANCE NO. O-91-08 - Fisher Rezoning - 1st read accepted Letter to applicant notifying action taken File pending (w/ O-91-07) 25. Oberbeck requests: 1) place flags in U.S. 1 Median Strip (done) 2) draft proclamation for U.S. Servicemen 26. Architect's Design Group - additional funds for design approved - Manager will do letter to ADG - copy minutes to Finance and file (in my credenza) get copy of Manager's letter for file WHAT'S a T A B ~ Many people are left in the dark about what TAB "Teens AgaJ. nst Boredom" is. Here is a basic summary of who we are and what we do. We are a Non-Profit Organization that was started to give TEENS a chance to meet other teens. !FAB gives the teens something to do and helps to make the transition from midd].e school to high school easier. TAB has 15 teen board members repre- senting the seventh thru tenth grades. Together, we developed a set of TAB Rules ~and have elected Officers. Every month, the officers and board members meet to plan and decide on upcoming dances, fundraisers, beach parties and how we can help with any community functions. Bridget Grimes President - TAB 1990-91 TEEN CENTER ACTIVITIES: Playing PooI Arcade Games Ping Pong Games Dances Contests for Sports + Dances Talent Shows Fashion Shows Tournaments Teen 'C~nter Fundraisers Community Fundraisers Picnics + ~13Q's Basketball Games Volleyball Games Skating + Skateboa~'d:ing Swimming Football. Games Homework + Reading TV + Nintendo Games Movie Nights Monthly TAB'Member Meetings Committee Meetings Advisor }~lanning + Scheduling TAB Adminstrati. on + Recordke. eping tlOURS OF OPERATION: SCHOOL HOURS - Monday thru Friday - 3PM to 7PM ' D 3PM to ]OPM WEEK~N S - Friday and Saturday - SUNDAYS - 1PM to 6PM SUMMERS and SCHOOL VACATIONS - Sunday thru Saturday - iP'M to IOPM STAFFING: - City Of Sebastian, Teen Center Director or - North County Recreat~ion, Teen Center Director - Teen Center Advisors and Parent Volunteers for Special Functions and Dances. PROPOSED NEW TEEN CENTER OUTDOOR FACILITIES: covered picnic area + BBQ pits basketball half court with two hoops skateboard ramps volleyball court on sand swimming pool outdoor roller skating area bicycle racks INDOOR FACILITIES: DANCE: d~FrrCq~-area with stage, with capacity for 500 & up built-in sound systems, including intercom strob lights star ball indirect or edge lighting (dance area) hard floors (vinyl. or linoleum) pool tables ping pong tables foose ball; {.indoor hockey tables) arcade area reading room large screen t.v. and VCR tables and chairs full kitchen plenty of storage space meeting room concession area office & administration area computer area with computers and software air conditioning paddle fans telephone (office) pay. phones answering machine copying machine lockers weight room . HOME TELEPHONE: 4. BUSINESS: C~ 6. 7. 8. 9. BUSINESS ADDRESS: %~ ~ ~ % ~-~]~~ ~ ~~ BUSINESS TELEPHONE: ~O'] ~9 ~~7 SOCiaL O DRIVERS LICENSE N~BER: ~ q%~- IUS' ~0 '2~ RES~E OF EDUCATION AND EXPERIENCE: ~~ ~m'~%'~ ~' ~ (use additional sheets if necessary or submit resume if available) 10. 11. 12. 13. 14. Voter registration no. Are you a resident of the City? Length of Residency Do you hold a public office? Do you serve on a City Board at present? Yes /No Yes No/ ~esv/ No 15. PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON: 16. *BOARD'OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD PARKS AND RECREATION *PLANNING AND ZONING ~ HANDICAPPED COMMITTEE What qualifications do you have to serve on this board7 - O V E R - 17. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any ~e? Yes No 18. Would you consider serving on another Board other than the one(s) you selected above?' YeS ~ NO. I.he~eby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the ~ruthfulness of all information which I have Drovlded in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of. the City of SEBASTIAN may suspend or rgmove from office any municipal board m~mber for malfeasance,~ misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor, related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor.' · I hereby authorize the active warrant check on me. ~/ ~- ,i..~ ........ to.run an  ~na~ure SWQ~ TO AND SUBSCRIBED before me thisc~_~ day o~.{~/ , ~y Commission Exoir~s~, N~tary P~li~, ~e e~ m My Commission £~pi,'es June 18, 199~ \ws-form\board. app R-91-01 R-91-02 R-91-03 R-91-04 Morchesk¥ Sandmin.~ng 1/2/91 - DiScussion and instruction to City Attorney to draft resolution for ph on 1/23/91 Resolution needed - must be in by 1/7/91 1/7/91 - Mail to adjacent property owners - certified return receipt requested - applicant to bear cost 1/16/91 - Advertise legal notices 1/23/91 - PH and adoption Chesser's Gap Sandmininq 1/2/91 - Discussion and instruction to City Attorney to draft resolution for ph on 1/23/91 Resolution in 1/7/91 - Mail to adjacent property owners - certified return receipt requested - applicant to bear cost - done - Joann 1/16/91 - Advertise legal notices 1/23/91 - PH and adoption Flatt/DeCristofaro Sandminin~ 1/2/91 - Discussion and instruction to City Attorney to draft resolution for ph on 1/23/91 Resolution needed - must be in by 1/7/91 1/7/91 - Mail to adjacent property owners - certified return receipt requested - applicant to bear cost 1/16/91 - Advertise legal notices 1/23/91 - PH and adoption Election - 3/12/91 Resolution drafted for 1/23/91 meeting R-91-05 R-91-06 R-91-07 R-91-08 R-91-09 Collier Creek Commercial Park Subdivision Preliminary Plat 1/2/91 Discussion - Direct City Attorney to draft resolution - no time certain River Oaks Final Plat 1/2/91 Discussion - Direct City Attorney to draft resolution - no time certain Staff to get fee for recording from applicant - $45.00 for recording and 820.00 if we want a copy Creek island Final Plat 1/2/91 Discussion - Direct City Attorney to draft resolution Staff to get fee for recording from applicant - $30.00 for recording and $10.00 if we want a copy San Sebastian Lakes Final Plat 1/2/91 Discussion - Direct City Attorney to draft resolution Staff to get fee for recording from applicant - $45.00 for recording and $20.00 if we want a copy Indian River Yellow Cab 1/9/91 Acceptance of Application and instruction to City Attorney to draft resolution Need resolution by 1/11/91 to go to press 1/17/91 Advertise ph in legal notices 1/17/91 Letters to applicant and all others engaged in taxi service in city 1/23/91 ph 2 JANUARY 23___~, 1991 REGULAR CIT___X .COUNCIL MEETIN_G DOCUMENT LIST ._-~The following is a list of backup materials for each item in :~"!'the agenda'~packet andinotati°n for those agenda items with no backup. 1/23/91 Agenda 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 91.030 ,~.' Proclamation - Calling 3/12/9~ General Election 1. Proclamation PRESENTATIONS 91. 035 , A. 91.036 Teens Against Boredom ("TAB") - Request to Use ~ Building as a Teen Center 1. City Manager Recommendation dated 1/17/91 2. TAB Wish List Sebastian Panther Football Cheerleading Youth GrouR ~ Request for Security ~nd Fee Waiver for Use of Community Center - Fund Raiser Teen Dance 2/2/91 - 7:00 p.m. to 11:00 p.m. 1. Application 2. Boone Letter dated 1/10/91 90.289 91.013 91.012 90.226 91.004 91.006 91.005 PUBLIC HEARING, FINAL ACTION ORDINANCE NO. 0-90-17 - Morchesky Voluntar~y Annexation 1. 0-90-17 ORDINANCE NO. 0-91-05 - Morchesky Comprehensive Land Use Plan Amendment 1. 0-91-05 ORDINANCE NO. 0-91-07 - Fisher Comprehensive Land Use Plan Amendment 1. O-91-07 ORDINANCE NO. 0-91-01 - Political Signs 1. 0-91-01 (2nd Draft) RESOLUTION NO. R-91-01 - Morchesky Sand Minin__~ Special Use Permit 1. R-91-01 RESOLUTION NO. R-91-02 - Chesser's Gap Sandminin~ Special Use Permit 1. R-91-02 2. Dorr Letter dated 1/9/91 91.007 91.018 91.031 91.032 91.033 91.034 10. 11. ~,G. RESOLUTION NO. R-91-03 - Flatt/DeCristofaro Sandmi.ning Special Use Permit 1. R-91-03 ~. RESOLUTION NO. R-91-09 - Indian River Yellow Cab Permit & Certificate of Public Convenience and L Necessity 1. R-91-09 2. City Clerk Memo dated 1/17/91 CONSENT AGENDA A. App.~oval of Minutes 1. 1/9/91 Regular Meeting ~. Waive Bid - ~ngineering Dept. - Purchase 1/2 Ton Pickup - Dural Ford, Jacksonville - S9895 (State Contract Price) 1. Staff Recommendation dated 1/14/91 2. PW Director Memo dated 1/14/91 Award Contract to Ameraquatic - Hyacinth Control Schumann and Elkcam Waterways - $3030 1. Staff Recommendation dated 1/16/91 2. PW Director Memo dated 1/14/91 3. Contract 4. Location Map ~ Softball Concession Agreement Extension - BSSC - City of Sebastian and Sebastian Officials- Association 1. City Manager Recommendation dated 1/16/91 2. '85 Agreement COMMITTEE REPORTS/RECOMMENDATIONS Riverfront Committee 1__~. Recommendations Re: Members a. Appoint Peter Jones as Chairman b. Appoint Allison~ a_~s Vice-Chairman c_~. Appoint Alternate Member from Among Applicants 1. Staff Recommendation dated 1/8/91 2. Kinchen Memo dated 1/8/91 3. Jones Letter dated 1/9/91 4. P.D. Memo dated 1/11/91 5. Lulich Application 6. Mosby Application 12. OLD BUSINESS ~9-1~008~L~.~. RESOLUTION NO. R-91-05 - Collier Creek Commercial Park Preliminar~ Plat A~ 1. R-91-05 91.009 V~. 91.010 91.011 RESOLUTION NO. R-91-06- River Oaks Final Plat Approval 1. R-91-06 RESOLUTION NO. R-91-07 - Creek Island Final Plat 1. R-91-07 RESOLUTION NO. R-91-08 - San Sebastian Lakes Final Plat 1. R-91-08 13. NEW BUSINESS 91.030 91.030 91.013 91.012 RESOLUTION NO. R-91-04 - Calling 3/12/91 Election 1. City Clerk Memo dated 1/8/91 2. R-91-04 March 12~ 1991 Election - City Clerk Request for Approval of Certain Items ~ to Supervisor of Elections an__d Authorization of $3,500 Payment 1. Staff Recommendation dated 1/8/91 ORDINANCE NO. 0-91-06 - ~ Rezonin~ 1. 0-91-06 ORDINANCE NO. O-91-08 - Fisher Rezoning 1. O-91-08 3 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT:Teens Against Boredom -) Old Library ) ) ) ~pproved For submittal By: city Manager EXPENDITURE ) Date Submitted: ) ) For agenda Of: ) ) Exhlbits= ) - Teens Against Boredom "Wish List" ) ) AMOUNT App~DPRIATiON Dept. of Origin: W.E.Conyers, Mayor 01/17/91 01/23/91 REQUIRED: BUDGETED~ REQUIRED: Teens Against Boredom ("TAB") has requested to use a City owned building which was most recently occupied as a County library. Indian River County has now vacated the premises and the building is now vacant. For your information, attached is an outline written by TAB which lists the activities the area teens would like to see in a new teen center. However, it must be pointed that this outline is more in a form of a "wish list" than a request. RECOMMENDED ACTION As City Manager, I recommend that any approval be for a defined period of time such as six (6) months, nine (9) months or a year so that the City Council may have an opportunity to review the teen center after it has actUally been in operation. Further, since there would be no considerati°n "rent", the city Council should reserve the right to revoke TAB's use of this building without cause and without notice. PROPOSED NEW TEEN CENTER OUTDOOR FACILITIES: covered picnic area ~ ~~-~ basketball half court with two hoops skateboard ramps volleyball court on sand swimming pool outdoor roller skating area bicycle racks INDOOR FACILITIES: DANCE: d~]Tc~--area with stage, with capacity for 500 & up built-in sound systems, including intercom strob lights star ball indirect or edge lighting (dance area) hard floors (vinyl or linoleum) pool tables ping pong tables foose ball; {.indoor hockey tables) arcade area reading room large screen t.v. and VCR tables and chairs full kitchen plenty of storage space meeting room concession area office & administration area computer area with computers and software air conditioning paddle fans telephone (office)" pay. phones answering machine ,,.~copying machine <,lockers CITY OF SEBASTIAN RENTAL PERMIT APPLICATION COMMUNITY CENTER ~ YACHT CLUE t Please answer YES or NO: 1) Are kitchen facilities required? ~_~. 2) Are you a resident of Sebastian? 3) Will decorations be put up? 4) Will there be an admission or door charge? 5) Will alcoholic beverage~ be served? ~ (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: Address of Permitte.: Telephone NO.: ~ake check~ 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 # (data) 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 · Sebastian Panther Youth S~Dorts Assoc. Byron Holmes, President 889 Carnation Dr. Sebastian, F1 52958 January 10, 1991 City Councilmen Attn. : Linda 1225 Main Street Sebastian, Fi 32958 Dear Councilmen: I am writing to you on behalf of the Sebastian Panther Youth Sports Association in the hope of our organization securing permission to use the Community Center for a fund raising Teen Dance. I f~possible, we would like to use the Center on Saturday Februa~ 1991 from 7:00 PM to ii:OOPM. There be ~]~ximately 75 teens in attendance with plenty of adults to chaperon. I unOerstand that there is a $250.00 deposit required when reserving the Center. As you are aware, all of our funds to support this youth program are obtained from fund raising activities, donations, sponsorships and volunteers. Under these circumstances, we would hope that the City of Sebastian would work with us on the large deposit of $250.00. If it is not possible to waive the deposit, would a deposit of $100.00 be acceptable? If you have any questions concerning this request, please call our Jill can be reached during the day at 388-3366 and in the evenings at 388- 5592. I appreciate any help you can give us in this matter. Sycerely Secretary ORDINANCE NO. 0-90-17 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 EFFECTIVE DATE. WHEREAS, the owners of the parcels of land described here~n 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 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 I - 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 distance 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILIT¥. In the event a court of competent 3urisdictton 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 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 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 Vero 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 ORDINANCE NO. 0-91-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY LD2 DISTRICT AND MXD DISTRICT TO CITY IN (iNDUSTRIAL) DISTRICT FOR LAND LOCATED IN 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 EFFECTIVE DATE. WHEREAS, the owners of the parcels of property described herein have petitioned the City of Sebastian to voluntarily annex said parcels of property; and WHEREAS, the City Council has found and determined that the annexation of said parcels of property are in the best interests of the City of Sebastian and have annexed said parcels into the City; and WHEREAS, it is necessary to amend the Comprehensive Land Use Plan of the City of Sebastian to reflect the addition of these parcels of property to the land area incorporated within the City limits. - NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. PROPERTY. That the land use change enacted by the adoption of this Ordinance shall apply to the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: 1 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 distance of 238.61 feet more or less to the point of Beginning. SECTION 2. DESIGNATION. That the Comprehensive Land Use Plan Map shall be amended to reflect a designation of IN (Industrial) for the property which is the sub3ect of this Ordinance. SECTION 3. NOTIFICATION. That the City shall send a certified copy of this Comprehensive Land Use Plan Map designation change to the Department of Community Affairs of the State of Florida. SECTION ~. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. SEVERABILiTY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of this 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 this Ordinance without said invalid and unconstitutional .provision, thereby causing said remainder to remain in full force and effect. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Councilman . 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: ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk 3 I HEREBY CERTIFY that two notices of public hearing on this Ordinance were published in the Veto Beach Press Journal as required by State Statute, and that two public hearings hereon were held at City Hall, City of Sebastian, the first on the day of , 19 followed by transmittal to Department of Community Affai~--~f the State of Florida, and the second on the day of , 19 , at which time this Ordinance was adopted by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 4 ORDINANCE NO. ; 0-91-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTYt FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM COR (COMMERCIAL OFFICE RESIDENTIAL) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT FOR LAND LOCATED IN THE NORTH CENTRAL AREA OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND NORTHWEST OF CROSS STREET; PROVIDING FOR A COPY OF THE DESIGNATION CHANGE TO THE COMPREHENSIVELANDUSE PLAN MAP TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, SEBASTIAN DEVELOPMENT PROJECT, INC., the owner of the parcel of real property described herein has applied to the City of Sebastian for an amendment to the current land use designation; and WHEREAS, on December 20, 1990, the Planning and Zoning Commission conducted a public hearing on the requested amendment to the Comprehensive Land Use Plan amendment and has submitted a recommendation in favor of the proposed change of the Comprehensive Land Use Rlan to the City Council; and WHEREAS, the city Council has provided notice of the proposed change to the existing Comprehensive Land Use Plan and conducted a public hearing to receive citizen input; and WHEREAS, the city Council has considered the provisions of the existing Comprehensive Land Use Plan together with the recommended findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has determined that the requested change in the Comprehensive Land Use Plan is consistent with the i.future .-development of the area where the subject property is located. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. That the land use change enacted by the adoption of this Ordinance shall apply to the following described real property: Ail of Government Lot 2, Section 6, Township 31 South, Range 39 East, except the following two parcels of land: PARCEL #1: Begin at the SE corner of said Government Lot 2, run North 248.7 feet, thence West 417.4 feet, thence South 248.7 feet, thence East 417.4 feet to Point of Beginning. PARCEL #2: Begin 237.6 feet South of the NE corner of said Government Lot 2, Section 6, which is also the intersection of the SE line of the Fleming Grant and the East line of said Government Lot 2, thence run South 245.5 feet, thence West to the SE line of the Fleming Grant Line, thence Northeasterly along said Fleming Grant Line to the intersection of said line with the East line of said Government Lot 2 which is the Point of Beginning. Section 2. 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. Section 3. a certified copy NOTIFICATION. That the City Clerk shall send of this Comprehensive Land Use Plan Map designation change to the Florida Department of Community Affairs. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 2 Section 5~ SEVERABILITY. In the event a court of '~.,¢ompetent~jUr~sdiction 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 effeGt. Section 6- 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 t~is day of ............ , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 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 the first public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1991, that a second public hearing was held on this Ordinance at 7:00 p.m. on the __ day of ~, 1991, and that following the following the second public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, city Attorney 4 ORDINANCE NO. 0-91-01 ....... AN ORDINANCE O!F THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGARDING POLITICAL SIGNS; AMENDING SECTION 20A-15.3 TO PROVIDE FOR NEW AND ADDITIONAL DEFINITIONS; AMENDING SECTION 20A-15.6B TO PROHIBIT THE PLACEMENT OF POLITICAL SIGNS ON PUBLIC PROPERTY AND TO REGULATE THE PLACEMENT AND REMOVAL OF POLITICAL SIGNS ON PRIVATELY OWNED PROPERTY IN RESIDENTIAL AND NONRESIDENTIAL DISTRICTS; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, best interest placement of the City Council has determined that it is in ~he of its residents and the public to prohibit the political signs on all publicly owned property, including streets, rights-of-way, easements and everything affixed thereto and thereover, in order to protect the motoring public from distraction and items blocking their vision, to avoid sight pollution, to avoid litter and to provide better aesthetic quality in the City of Sebastian; and WHEREAS, the City Council has determined that the regulation of political signs in residential districts and non-residential districts should be imposed to reduce pollution ~nd to improve the aesthetics of for the welfare of the public; and litter, reduce sight the City of Sebastian WHEREAS, the City Council had directed the City Staff and the City Attorney to review the regulation of political signs and surrounding communities in order to prepare regulations which would accomplish the goals of the City Council of the City of Sebastian to protect the welfare of the public while considering regulations of other communities in the area. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. Section 20A-15.3 of the Sebastian Land Development Code is hereby amended in part to read as follows: Section 20A-15.3: "Political Sign. Any sign urging the election or defeat of any candidate seeking any political office, or urging the passage or defeat of any ballot measure, but does not include any billboard owned or maintained by a commercial firm or advertising company. Public Property. Ail publicly owned property, including streets, rights-of-way, easements, and everything affixed thereto and thereover." Section 2. Section 20A-15.6B of the Sebastian Land Development Code is hereby amended in its entirety to read as follows: Section 20A-15.6B: "B. 1. Political Signs. Political signs shall not be posted on or over any public property, as defined in Section 20A-15.3. -2. Political Signs in Residential Districts. Political signs in residential districts are allowed sub3ect to the following provisions: (a) NO sign shall exceed sixteen (16) square feet; (b) No sign shall be illuminated; (c) Each sign shall be free standing; 2 (d) Each sign shall be located wholly on private ~property, placed there only with the ~consent of the property owner; (e) Each sign shall be placed at least five (5) feet from all rights of way and sidewalks; (f) No sign shall exceed five (5) feet in height; (g) No sign shall be placed on or attached to any tree or utility post. Political Signs in Nonresidential Districts. Political signs in nonresidential districts are allowed sub3ect to the following provisions: (a) No sign shall exceed twenty (20) square feet; (b) No sign shall be illuminated; (c) Each sign shall be freestanding; (d) Each sign shall be located wholly on private property, placed there only with the consent of the property owner; (e) Each sign shall be placed at least five (5) feet from all rights of way and sidewalks; (f) NO sign shall exceed ten (10) feet in height; (g) No sign shall be placed on or attached to any tree or utility post. Posting Time Limits. It shall be unlawful for any person to post a political sign more than thirty (30) days prior to the election in which the candidate's name or the issue will appear, and it shall be unlawful to fail to remove a political sign within five (5) days after the election in which the candidate is eliminated or elected or the issue is approved or disapproved. 3 Removal Bond. Prior to the placement of a political sign or signs, a bond or cash payment of $25.00 shall be posted with the City. The security may be forfeited in whole or in part for any of the following: (a) Failure to remove all signs within the applicable five (5) day period for removal; (b) Placement of signs upon public property or upon any tree, utility pole, or similar object; (c) Placement of signs upon private property without the express consent of the property owner; (d) Authorizing placement of a sign or allowing a sign to remain in violation of this section for more than two (2) days after notification of the violation by the building official or his designee. Prima Facie Evidence. Political signs placed in violation of this section which advertise a particular candidate or ballot measure shall be prima facie evidence of the placement or authorization of the placement of the sign by the candidate or the president of the committee supporting or opposing the ballot measure, as applicable. Removal of I11eqa1 ~ns. The building official shall order the immediate removal of any political sign found posted within the City in violation of this section. If the sign is not removed within two (2) days, the building official or his authorized agents shall remove the political sign. Reimbursement for Removal Expense. The candidate or the president of the committee supporting or opposing the ballot measure, as applicable, shall reimburse the ,City for any and all expenses of removal incurred by the City over and above any bond or cash deposit coverage. 4 violations. Any violation of the provisions of this paragraph shall be subject to punishment by a fine not to exceed Five Hundred and 00/100 Dollars ($500.00), or by imprisonment in the county Jail not to exceed sixty (60) days, or by both such fine and imprisonment." Section 3. CONFLICT. Ail Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance insofar as they conflict are hereby repealed. Section 4. CODIFICATION. It is the intention of theJ City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section", "Article" or other appropriate designations. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman ' . The motion was seconded by Councilman · and, upon being put into a vote, the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman 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 Cler~ (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1991, and that following said public hearing on this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 6 RESOLUTION NO.: R-91-01 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GI~ANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 10 ACRES iN SIZE MORE OR LESS, FOR CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY OF SEBASTIAN, ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIOHWAYAND 110 FEET SOUTH OF WOODMERE ROAD LOCATED IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jane T. Morchesky has applied for the issuance of a special use permit for the mining of sand and soil materials from a tract of land which is located in the City of Sebastian, Indian River County, Florida; and WHEREAS, the Applicant has participated in various pre- application discussions with appropriate members of the City staff; and - WHEREAS, the Applicant has obtained a permit from the St. Johns River Water Management District to operate the mine as requested in its application; and WHEREAS, the City staff has determined that the Applicant's application for a special use permit should be approved subject to certain conditions; and WHEREAS, at its regular meeting on August 16, 1990, the · ~kanni~g.iand'~Zoning Commission recommended approval of the Applicant's request for the granting of a special use permit for the mining of sand and soil materials from a tract of land the Applicant owns located in the City of Sebastian; and WHEREAS, the City Council has considered the recommendations and comments of the Planning and Zoning Commission and the City staff; and WHEREAS, the City Council has conducted a public hearing after compliance with the provisions of Section 20A-2.6 D of the Land Development Code of the City of Sebastian to afford the input of comments and evidence from all interested persons, citizens and affected persons; and WHEREAS, the City Council has determined that the granting of the special use permit to the Applicant will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the Applicant's property that is the subject of the special use permit is located; and WHERE~S, the City Council has determined that the use requested by the Applicant, the mining of sand and soil materials, is consistent with the purpose and intent of the zoning district where the Applicant's property that is the subject of the special use permit is located and is similar in nature and compatible with the uses allowed in that zoning district. CO, UNtIL ,~NOW~HER~FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE'CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. SPECIAL USE PERMIT. The application for the issuance of a special use permit for the mining of sand and soil materials submitted by the applicant, Jane T. Morchesky for the real property located in Section 7, Township 31 South, Range 39 East, City of Sebastian, Indian River County, Florida, being more particularly described as follows: ~ The North 1/2 of the South 1/2 of Government Lot 2, Section 7, Township 31 South, Range 39 East, less Old Dixie Highway right-of-way. Ail the above situate in Indian River County, Florida and containing 10.08 acres more or less. AND ALSO Beginning 772.092 feet South of the Northwest corner of Lot 1, in Section 7, Township 3! 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 South a distance of 217.08 feet; thence East a distance of 98.30 feet to the said Westerly right-of-way of Old U.S. Highway #1; thence Northwesterly along said West right-of-way a distance of 238.61 feet more or less to the point of beginning. Containing 0.30 acres, more or less.- LESS AND EXCEPT the South 103 feet of the North 990 feet of Government Lot 1, lying west of Old Dixie Highway, Section 7, Township 31 South, Range 39 East, said land lying and being in Indian River County, Florida. is granted, subject to the requirements and conditions contained in this Resolution. Section ..2. CONDITIONS OF APPROVAL AND CONTINUATION OF THE "SPECIAL USE PERMIT. The approval of the City Council of the application of the Applicant for a special use permit that is the subject matter of this Resolution and the continuation of such special use permit until its expiration as provided for in this Resolution is conditioned on the continuous satisfaction of, and compliance with, the following requirements by the Applicant or its successors and assigns: A. Compliance with the provisions of all applicable federal and Florida statutes, rules and regulations, county ordinances and the ordinances and resolutions of the City of Sebastian, including, but not by way of limitation, Sections 20A-5.29 and 20A-5.30 of the Land Development Code. B. The providing of compliance and restoration bonds to the City of Sebastian in a form, and for such amounts, acceptable to the City. C. The providing of Type A or natural landscaping buffer/screening in accordance with the Land Development Code. D. Applicant shall cut down the grade of the property in question by removing approximately 82,000 cubic yards of sand in order to properly engineer and develop said property. Section 3. EXPIRATION OF THE SPECIAL USE PERMIT. The Special Use Permit granted to the Applicant pursuant to this Resolution shall expire at midnight on the 365th day following the passage of this Resolution. Section 4. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. 4 Section 5. SEVERABILITY. In the event a court of '-~ompe~ent:' 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 fore and effect. Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution 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 Resolution duly passed and adopted this day of , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) I HEREBY CERTIFY that notice of public hearing on this Resolution was published in the Vero Beach Press Journal as required by Section 20A-2.6 D.1 of the Land Development Code of the City of Sebastian, Florida, that one public hearing was held on this Resolution at 7:00 p.m. on the day of , 1991, and that following said public hearing this Resolution 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 A RESOLUTION oF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.$ OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 512, SOUTH OF THE INTER~ECTION OF COUNTY ROAD 512 AND FLEMING STREETt APPROXIMATELY THREE AND ONE-HALF MILES WEST OF U.S. HIGHWAY 1, ALSO KNOWN AS STATE ROUTE 5, AND EAST OF STRAIT AVENUE, LOCATED IN SECTION 13t TOWNSHIP 31 SOUTH~ RANGE 38 EA~T~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA~ PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN~ PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT~ PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH~ PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR ANEFFECTIVEDATE. WHEREAS, Henry A. Fischer on behalf of the owner, SEBASTIAN GENERAL PARTNERSHIP B.F.T., a Florida general partnership, ("the Applicant"), has applied for the issuance of a special use permit for the mining of sand and soil materials from a tract of land which is located in the City of Sebastian, Indian River County, Florida; and WHEREAS, the Applicant has participated in various pre- application discussions with appropriate members of the City staff; and WHEREAS, the Applicant has obtained a permit from the St. Johns River Water Management District to operate the mine as requested in its application; and WHEREAS, the city staff has determined that the Applicant's application for a special use permit should be approved subject to certain conditions; and WHEREAS, .at its regular meeting on December 6, 1990, the Planning and Zoning Commission recommended approval of the Applicant's request for the granting of a special use permit for the mining of sand and soil materials from a tract of land the Applicant owns located in the City of Sebastian; and WHEREAS, the City Council has considered the recommendations and comments of the Planning and Zoning Commission and the City staff; and WHEREAS, the City Council has conducted a public hearing after compliance with the provisions of Section 20A-2.6 D of the Land Development Code of the City of Sebastian to afford the input of comments and evidence from all interested persons, citizens and affected persons; and WHEREAS, the City Council has determined that the granting of the special use permit to the Applicant will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the Applicant's property that is the subject of the special use permit is located; and WHEREAS, the City Council has determined that the use requested by the Applicant, the mining of sand and soil materials, is consistent with the purpose and intent of the zoning district where the Applicant's property that is the subject of the special use permit is located and is similar in nature and compatible with the uses allowed in that zoning district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. SPECIAL USE PERMIT. The application for the issuance of a special issue permit for the mining of sand and soil materials submitted by Henry A. Fischer on behalf of the owner, SEBASTIAN GENERAL PARTNERSHIP B.F.T., a Florida general partnership, for the real property located in Section 13, Township 31 South, Range 38 East, City of Sebastian, Indian River County, Florida, being more particularly described as follows: "A parcel of land in the NE % of Section 13, Township 31 South, Range 38 East, known as Chesser's Gap, described as follows: That part of the NW % of the NE % of Section 13, Township 31 South, Range 38 East, lying South of Fellsmere Road, AND ALSO the West ½ of the NE % of the NE ¼ of Sec. 13, Township 31 South, Range 38 East. All of the above land now lying in the City of Sebastian, Indian River County, Florida," is granted, subject to the requirements and conditions contained in this Resolution. Section 2. SPECIAL USE PERMIT. CONDITIONS OF APPROVALAND CONTINUATION OF THE The approval of the City Council of the application of the Applicant for a special use permit that is the subject matter of this Resolution and the continuation of such special use permit until its expiration as provided for in this Resolution is conditioned on the continuous satisfaction of, and compliance with, the following requirements by the Applicant or its successors and assigns: A. Compliance with the provisions of all applicable federal and Florida statutes, rules and regulations, county ordinances and the ordinances and resolutions of the City of Sebastian, including, but not by way of limitation, Sections 20A-5.29 and 20A-5.30 of the Land 3 Development Code. ~B.. The providing of compliance and restoration bonds to the .City of Sebastian in a form, and for such amounts, acceptable to the City. C. The providing of Type A or natural landscaping buffer/screening in accordance with the Land Development Code. D. The revision of the littoral zone initially proposed by the Applicant in a form and substance acceptable to the City as provided in Section 20A-5.29 of the Land Development Code. Section 3, EXPIRATION OF THE SPECIAL USE PERMIT. The Special Use Permit granted to the Applicant pursuant to this Resolut[on shall expire at midnight on the 365th day following the passage of this Resolution. Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this 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 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. 4 The foregoing Resolution was moved for adoption by Councilman Councilman vote, the vote was as follows: The motion was seconded and, upon being put to a by 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 , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) 5 ....... I HEREB~ CERTIFY th:at notice of public hearing on this Resolution ~was published in the Veto Beach Press Journal as required by Section 20A-2.6 D.1 of the Land Development Code of the City of Sebastian, Florida, that one public hearing was held on this Resolution at 7:00 p.m. on the day of , 1991, and that following said public hearing this Resolution was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 6 Cell Toll Free: 1-800-24~-5250 TO =REPLY MESSAGE SUBJECT: FOLD + S Y,~T~ M.O.HALLORAN CITY CLERK CITY O! SEBASTIAN POST OFFICE BOX 780127 SEBASTIAN FLORIDA 32978 .............. VIOLA H. DORR INSURANCE - REAL ESTATE 50 West Wooster SITeet DANBURY, CT 06810 (203) 748-1223 RE: PARCEL 13 31 38 00001'2300 00006/0 SEBASTIAN HIGHLANDS JAN.9 1991 SUB b~Z~ 6 PBi 51-94 LOi 6 BL-R-~3G DATE: AND LOT 7 BLK 230 I REC D YOUR LETTER PERTAININGTO THE ADOPTION OF A RESOLUTION GRANTING A N~ SPECIAL USE PERMIT FOR "CHESSER S GAP" WITH A PUBLIC HEARING TO BE HELD AT 7:00 P.M. JAN. 23 1991. I WILL NOT' BE ABLE TO ATTEND THE HEARING BUT I OBJECT TO ANY PROPERTY AND CERTAINLY EXPRESS INTEREST IN WHAT IS GOING IN AND AROUND THE A_REA AND WHETHER THIS PROPERTY IS BEING DETERIORATED WiTH THE CONSTANT ZONE CHANGES. TAXPAYER LANDOWNER P,S PLEASE SEE THAT TWTR · - ........................... P~;ING--ABD THE ZONING DEPT. PLEASE REPLY T° = SIGNED REPLY ~ DATE: SIGNED,,,, Item #F274 CYayarc, P.O. ~qox 2944, Harflord, CT 06104-2944 ©Wheeler Group, inc., 1982 _. "-. -~ ..,.'r, ',.." '". ~" ,""' ..,..."""1" -{ ( ~ RESOLUTION NO.: R-91-03 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, rLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2. 6 OF THE LARD DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LARD APPROXIMATELY 10 ACRES IN SIZE MORE OR LESS FOR CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY OF SEBASTIAN, ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD; LOCATED IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LARD DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CORFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Randy Mosby of Mosby Associates, on behalf of the owners, Jo Doris Flatt and Tony H. and Lisa Gayle DeCristafaro, has applied for the issuance of a special use permit for the mining of sand and soil materials from a tract of land which is located in the City of Sebastian, Indian River County, Florida; and WHEREAS, the Applicant has participated in various pre- application discussions with appropriate members of the City staff; and WHEREAS, the Applicant has obtained a permit from the St. Johns River Water Management District to operate the mine as requested in its application; and WHEREAS, the City staff has determined that the Applicant's application for a special use permit should be approved subject to certain conditions; and QlC()7 , , " , " ~ . WHEREAS, at its regular meeting on August 16, 1990, the Planning and Zoning Commission recommended approval of the Applicant's request for the granting of a special use permit for the mining of sand and soil materials from a tract of land the Applicant owns located in the City of Sebastian; and WHEREAS, the City Council has considered the recommendations and comments of the Planning and Zoning Commission and the City staff; and WHEREAS, the City Council has conducted a public hearing after compliance with the provisions of Section 20A-2.6 D of the Land Development Code of the City of Sebastian to afford the input of comments and evidence from all interested persons, citizens and affected persons; and WHEREAS, the City Council has determined that the granting of the special use permit to the Applicant will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the Applicant's property that is the subject of the special use permit is located; and WHEREAS, the City Council has determined that the use requested by the Applicant, the mining of sand and soil materials, is consistent with the purpose and intent of the zoning district where the Applicant's property that is the subject of the special use permit is located and is similar in nature and compatible with the uses allowed in that zoning district. 2 '-'7-,',-'',i'Jf.[ffo~~,'',y. I, f. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUKCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUKTY, FLORIDA, that: Section 1. SPECIAL USE PERMIT. The application for the issuance of a special use permit for the mining of sand and soil materials submitted by the applicant, Randy L. Mosby, P.E., of Mosby Associates on behalf of the owners, Jo Doris Flatt and Tony H. and Lisa Gayle DeCristafaro, for real property located in Section 7, Township 31 South, Range 39 East, City of Sebastian, Indian River County, Florida, being more particularly described as follows: A PARCEL OF LARD BEING THE SOUTH ONE-QUARTER (1/4) OF THE NORTHWEST ONE-QUARTER (1/4), OF THE NORTHEAST ONE- QUARTER (1/4), OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AND ALSO, BEGIHHING AT THE SOUTHWEST CODER OF GOVERRMENT LOT 1, OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUK NORTH 330.00 FEET ALONG THE WEST LINE OF SAID GOVERRMENT LOT 1; THENCE, DUE EAST ON A LINE PARALLEL TO THE SOUTH LINE OF SAID GOVERRMENT LOT 1, TO THE RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY; THENCE, IN A SOUTHERLY DIRECTION ALONG SAID RIGHT-OF- WAY TO THE SOUTH LINE OF GOVERRMENT LOT 1 IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE, WEST TO THE POINT OF BEGIHHING; EXCEPT THAT PART OF SAID GOVERRMENT LOT 1 USED AS RIGHT OF WAY FOR PUBLIC HIGHWAY, ALSO LESS AND EXCEPT THE FOLLOWING PARCEL OF LARD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 2: THE EAST 300.00 FEET THEREOF AS MEASURED PERPENDICULAR TO THE WEST RIGHT OF WAY LINE OF THE OLD DIXIE HIGHWAY, SAID EAST 300.00 FEET BEING WEST OF AND COINCIDENT WITH SAID WEST RIGHT OF WAY LINE OF THE OLD DIXIE HIGHWAY; AND ALSO THAT CERTAIN PROPERTY LYING WITHIN, THE SOUTHERLY ONE- HALF (1/2) OF THE WESTERLY 260.92 FEET, OF THE SOUTHERLY ONE-QUARTER (1/4) OF THE NORTHWEST ONE-QUARTER (1/4) OF THE NORTHEAST ORE-QUARTER (1/4) OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUKTY, FLORIDA, THE EXTERIOR BOUKDARY OF 1fBICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID POINT ALSO BEING THE SOUTHWEST CODER OF GOVERHMENT LOT 1, SECTION 3 . . 7, TOWRSHIP 31 SOUTH, RANGB 39 BAST, THBRCB S 89 DBGREBS 44' 34" W, 1063.63 ' TO THB POIRT-OF-BBGInIRG THBRCB CORTIRUB S 89 DBGREB 44' 34" W, 260.92 FBBT; THBRCB R. 000 01' 30" B, 166.88 FBET THBRCE R. 890 42' 39" B, 260.92 FBBT; THBRCB S 000 01' 29" W, 167.02 FBBT TO THB POIRT-OF-BEGInIRG, SAID PARCEL OF LARD BEIRG ARD LYIRG IR IRDIAR RIVER COURTY, FLORIDA. ALSO, RESERVIRG AR BAS EMERT OF IRGRESS, EGRESS, ARD UTILITY PURPOSES OR, OVER, ORDBR ARD ACROSS THE RORTHBRLY 30 FBET, MEASURED PERPERDICULARLY TO THE RORTHERLY BOURDARY THEREOF is granted, subject to the requirements and conditions contained in this Resolution. Section 2. CORDITIORS OF APPROVAL ARD CORTIRUATIOR OF THB SPBCIAL USE PBRMIT. The approval of the City Council of the application of the Applicant for a special use permit that is the subject matter of this Resolution and the continuation of such special use permit until its expiration as provided for in this Resolution is conditioned on the continuous satisfaction of, and compliance with, the following requirements by the Applicant or its successors and assigns: A. Compliance with the provl.sl.ons of all applicable federal and Florida statutes, rules and regulations, county ordinances and the ordinances and resolutions of the City of Sebastian, including, but not by way of limitation, Sections 20A-5.29 and 20A-5.30 of the Land Development Code. B. The providing of compliance and restoration bonds to the City of Sebastian in a form, and for such amounts, acceptable'to the City. C. The providing of Type A or natural landscaping buffer/screening in accordance with the Land Development Code. D. Applicant shall cut down the grade of the property in question by removing approximately 82,000 cubic yards of sand in order to properly engineer and develop said property. 4 Section 3. EXPIRATION OF THE SPECIAL USE PERMIT. The Special :.use-.Permit granted to the Applicant pursuant to this Resolution shall expire at midnight on the 365th day following the passage of this Resolution. Section 4. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. SEVERABILITY. in the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder ~f 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. Secpion 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilman The motion was seconded by Councilman and, upon heine 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 5 The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) 6 I HEREBY CERTIFY that notice of public hearing on this Resolution was published in the Vero Beach Press Journal as required by Section 20A-2~6 D.1 of the Land Development Code of the City of Sebastian, Florida, that one public hearing was held on this Resolution at 7:00 p.m. on the day of , 1991, and that following said public hearing this Resolution 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 RESOLUTION NO.: R-91-09 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO INDIAN RIVER YELLOW CAB, INC.; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CODE OF THE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABILITY INSURANCE; ESTABLISHING RATES FOR SERVICE; 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 authorized to grant permits and certificates ~f public convenience pursuant to Section 29-43 of the City Code; and WHEREAS, Mr. Dan Michael, as President of Indian River Yellow Cab, Inc., has submitted an application for a certificate of public convenience and necessity from the City of Sebastian in accord with Section 29-44 of the Sebastian City Code; and WHEREAS, a public hearing on the applicant's request for said certificate was held by the City Council at a regularly scheduled meeting on January 23, 1991, in accord with Section 29- 46 of the Sebastian City Code; and WHEREAS, the City Council considered the requirements of Section 29-47 in a~sessing public demands and traffic conditions, the financial condition and moral character of the applicant, the number, kind, type of equipment and rates proposed to be utilized by the applicant; increased traffic congestion and available parking space, and the safe use of the streets and alleys and such other relevant facts as the City Council deemed advisable or necessary. NOW, THEREFORE, be it resolved by the Council of the City of Sebastian, that: Section 1. APPROVAL. The City Council of the City of Sebastian, Indian River County, Florida, hereby grants a permit and certificate of public convenience to Indian River Yellow Cab, Inc. subject but not limited to the following terms and conditions: Section 2. COMPLIANCE WITH CODE AND ALL APPLICABLE LAWS. Applicant agrees to comply with the requirements of all state and federal laws and regulations in addition to the Code requirements of the City of Sebastian. Section 3. LIABILITY INSURANCE. Applicant, Indian River Yellow Cab, Inc., agrees to obtain and maintain in full force and effect a liability insurance policy in accord with the requirements of Section 29-21 of the Sebastian City Code. Section 4. ESTABLISHED RATES FOR SERVICES. The following established rates for applicant are set out below. Said rates shall not be modified without prior approval of the City Council in accord with Section 29-20 of the Sebastian City Code. Initial Pickup: Rate: Section 5. APPROVED RATES S 2.00 8 0.30 CONFLICT. First 1/6 mile Each additional 1/6 mile or 1 minute waiting period. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 6. 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 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman Councilman vote, the vote was as follows: Mayor W.E. Conyers The motion was seconded by and, upon being put into a 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 , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers Kathryn M. O'Halloran, CMC/AAE, City Clerk (SEAL) 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 M 1~ M 0 ~ A N D [J M DATE: TO: FROM: RE' January 17, 1991 Mayor Conyers and City Councilmembers Kathryn M. O'Halloran City Clerk indian River Yellow Cab, Inc. Request for Permit and Certificate of Public Convenience and Necessity - Resolution No. R-91-09 Please be advised that updated corporate certification for the above referenced, as requested by Vice Mayor Oberbeck at the January 9, 1991 Regular City Council Meeting, has not been received by this office as of this date. sam City of Sebastian P, OST OFFICE BOX 780127 [~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) ,589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: RE: January 21, 1991 Mayor Conyers, City Councilmembers, and City Manager Kathryn M. O'~alloran City Clerk~ Indian River Yellow Cab, Inc. Request for Permit and Certificate of Public Convenience and Necessity - Corporate Certification Attached please find updated corporate certification for the above referenced, as requested by Vice Mayor Oberbeck at the January 9, 1991 Regular City Council Meeting, which was recieved by this office today. sam I ce~ify from the records of this office that iNDIAN RIVER YELLOW . . CAB, INC is a corporation orgamzed under the laws of the State of Florida, filed on Ma~ 21, 1987. The document number of this corporation is J73805. I fu~her ce~ify that said corporation has paid all fees and penalties due this office through December 31 1990 ' ' ' , , ?at its mo~t recent annual repo~ was filed on July 6, 1990, and ~ts status ~s active. I fu~h~r ce~ify that smd corporation has not filed A~cles of Dissolut,on. ~ ~i~m unber m~ ~anb anb ~al ~al of ~e ~tatr of al ~llabaeeee, the ~ital, this the CR2EO~ (&~) ~etre~ ~ OCUMENT J73805 ACTIVE, FOR PROFIT LOC FL-15 FEI 59-2888204 FLE 5/21/1987 NAME INDIAN RIVER YELLOW CAB, INC. ADDRESS ?800 INDUSTRIAL STREET W MELBOURNE, FL 32904 OFFICERS/DIRECTORS: P/S/T MICHAEL, DAN ?800 INDUSTRIAL ST. D MICHAEL, DAN ?800 INDUSTRIAL ST. REG. AGENT MICHAEL, DAN 7800 INDUSTRIAL STREET WEST MELBOURNE, FL 32904 ANNUAL REPORTS FILED; (1988) 10:44:37 1/16/199 W MELBOURNE, FL W MELBOURNE, FL CHANGED 7/29/198 7/29/1988 (1989) 8/02/1989 (1990) 7/06/1990 YELLOW CAB OF SEBASTIAN, INC. SEBASTIAN, FLORIDA 589-3500 JANUARY 23, 1991 Dear Honorable Mayor and Council Members City of Sebastian, Fi. Dear sirs: My name is Russell F. Jaquays, President and owner of the established Yellow Cab of Sebastian, Inc. I am requesting that the taxi cab application on tonights agenda be denied based on the fact that the applicant has not met all of the criteria required to comply with City Code Sec. 29-47. The COUNCIL may refuse to issue the same; or may issue the same with modifications; or upon such Terms and conditions as in it's judgement, public convience and necessity may require, Provided (That the City Council in granting or refusing any such permit and certificate shall take into consideration the following:) (1) The Public demands and traffic conditions: (2) a. What documented Public demands does the Council need to know that the City does not need any more taxi cabs on its streets. After two and a half years of active advertising and high visibility, the established Yellow Cab Co. has barely enough business for two taxis. I am well aware of how carefully the City of Sebastian is about controlling the quality of our growth and our population. Do we need four more taxis or another Yellow Cab Company to add to traffic congestion? The financial condition, and moral character of the applicant: a. What knowledge does the City have of the moral character of the Applicant? I have a hands on operation, meaning I do most of my own driving. As an owner I have direct control of my carefully screened drivers, and their treatment of our customers-residents of Sebastian and surrounding Communities. This is in comparison to a large taxi company with many cars and many types of drivers with their central operation in Melbourne. (3) The number, kind, type of equipment and rates proposed: a. The rates proposed in this application are considerably (42%) higher than the rates approved for me in 1987. I have never asked for an increase because of my financial strategy to offer the best service for the lowest rates possiable. Does the city want to raise the cost to its residents for needed Public transportation? Refer to graph attached to see increase. YELLOW CAB OF SEBASTIAN, INC. .:30 Eq_ck a~.:_!.,'o~*/ t/~' ~l,'le. .... -$o -P~¢~ . f~.;~4t¢ ...... ~_;t,",] 7;.,~e - ~7.10 ,2O City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA. 32978 TELEPHONE (407) 589-5330 FAX 407-589-~?0 SUBJECT: State Contract Purchase Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: Engineering 1-14-91 1-23-91 Memo from Thomas EXPENDITURE REQUIRED: $9,895. AMOUNT BUDGETED: $10,000 APPROPRIATION REQUIREDi SUMMARY STATEMENT Request to purchase replacement vehicle for Engineerin9 Department .on State Contract Price and waive bid procedures. Cost of-l/2 ton Pick Up is $9895 from Duval Ford in Jacksonville Fl. ~ RECOMMENDED ACTION Move to award purchase on State contract from Duval Ford for $9,895.00. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DATE: JANUARY 14TH, 1991 TO: FROH; ROBERT S. MCCLARY CITY MANAGER~,~ JERRY THOMAS/~'"~ PUBLIC WORKS~DIRECTOR RE: STATE CONTRACT PURCHASE - PICK UP FOR ENGINEERING TECH PLEASE BE ADVISED THAT WE WOULD LIKE TO PURCHASE A FORD F-150 1/2 TON PICK UP TRUCK ON THE STATE CONTRACT PRICE FROM DUVALL FORD IN JACKSONVILLE. THE STATE CONTRACT PRICE IS $9234 AND WE WOULD LIKE TO ADO A/C FOR $661.00. WE HAVE CHOSEN FORD BECAUSE DELIVERY IS FOUR TO SIX WEEKS. THIS IS A BUDGETED ITEM FOR ENGINEERING AND THE COST IS WITHIN THE CONFINES OF THAT BUDGETARY AMOUNT. SHOULD YOU HAVE ANY FURTHER QUESTIONS, PLEASE FEEL FREE TO CONTACT ME REGARDING THIS MATTER. JT:LK gLF/ City of Sebastian POST OFFICE BOX 780127 o SEBAgTIAN. FLORIDA 32918 , TELEPHONE (407) $89-6330' FAX 407-589-5570 SUBJECTs Hyacinth Control Approved For Submitta! City Manager ) ) -) ) ) ) ) Agenda No. Dept. Origin Public ~orks Date Submitted 1-16-91 For Agenda O£ 1-23-91 ) ) Exhibits: ) Memo from Jerry Thomas ) Contract Ameraquatic ) Location Map EXPENDITURE REQUIRED: $3,030. AMOUNT BUDGETED: $0.00 APPROPRIATION REQUIRED~ SUMMARY STATEMENT Request for service to kill hyacinths in Schumann and Elkcam waterways. These hyacinths have completely covered the Elkcam waterway and are extremely thick in the Schumann Waterway as well. - · t While Collection is doubtful, this would'be billed to aeneral Development as Unit 16 and 17 repairs. RECOMMENDED ACTION Move to award contract to Ameraquatic for hyacinth control for $3030 per year for the Elkca~ and Schumann Waterways. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589*5330 [] FAX (407) 589-5570 DATE: JANUARY i~TH, 1991 TO: FROM; ROBERT S. MCCLARY CITY MANAGER JERRY THOMAS PUBLIC WORKS RE: HYACINTH CONTROL - ELKCAM AND SCHUMANN WATERWAYS AFTER REINSPECTION OF THE ELKCAM AND SCHUMANN WATERWAYS BY STAFF AND AMERAQUATIC COMPANY, IT IS OUR OPINION THAT WE PROCEED TO FINALIZE THE CONTRACT WITH AMERAQUATIC FOR AQUATIC VEGETATION CONTROL IN THE AREAS SHOWN ON THE MAP PROVIDED. THE COST OF THIS WEED CONTROL WILL BE $500 FOR START UP AND $230 PER MONTH THERE AFTER. THE TOTAL COST IS $3030. AMERAQUATIC IS PREPARED TO BEGIN AS SOON AS APPROVAL IS GIVEN. SHOULD YOU HAVE ANY FURTHER QUESTIONS, PLEASE FEEL FREE TO CONTACT ME REGARDING THIS MATTER, JT:LK - / I City of Sebastian POST OFFICE BOX 780127 [2 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [2 FAX (407) 589-5570 SUBJECT: Softball Concessions Approved For Submittal By: city Manager ~ 0 Dept. of Origin: City Manager Date Submitted= For Agenda Of: Exhibits= - 1985 Agreement 01/16/91 01/23/91 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: Effective January 1, 1991 Indian River County, through North County Recreation, is operating the softball program at the softball field at the Barber Street Sports Complex. Not included in the IRC operation is the concession stand which is currently situated on this property. This concession stand has been operated by the Sebastian Officials Association. This agreement has apparently been continued by mutual consent since it was last authorized in 1985. While the long range policy on-softball concessions does not exist at this time, it would be appropriate for the concession stand to operate during the calendar year 1991 on the same basis as it has for at least the last five (5) years. If the agreement is extended, I do recommend that the softball association indemnify and hold harmless the City for any negligent acts on their part and that the indemnification be insured at reasonable limits established by the City Attorney, that no repairs or improvements be made to the facility without express prior written consent..of the City Manager and that the agreement may be terminated by',othef% party with thirty (30) days notice. Otherwise, I recommend that -we continue on the informal basis as outlined in the attached agreement. RECOMMENDED ACTION Move to authorize an extension of the agreement between the City of Sebastian and the Sebastian Officials Association for calendar year 1991 with conditions as outlined above. .... ~ ~. , ~..~ ~, ~ , ,,. .... AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND THE SEBASTIAN OFFICIALS ASsOCrATION 1. The Association will furnish sufficient personnel to operate the stand. 2. The Association agrees to donate twelve ps,cent (1~) of all gross receipts to the Recre~tion Department to cover the cost of electricit~, equipment, etc. 3. The Association agrees to purchase all materials and products necessar~ for the operation of the refreshment stand at its own expense. The Association ma~ sell anything the~ desire except alcoholic beverages. ~. ~ ~...,: 4. The Association agrees to purchase at cost the exist- lng inventor~ presenti~ at the refreshment stand from the Recreation Department. A Joint inventor~ shall be taken and a mutuall~ agreed upon amount shall be determined. 5. The Association agrees to operate the stand not onlF on all league nights, but during anF softball tournament that the Recreation Department of the CitF may hold or anE activitF held at the Barber Street field. 6. The Association agrees to make the 12~ of gross ment to the Cit~ Finance Department at the end of each month. The association also agrees to pa~ for amount agreed upon in provision 4 in full within two (2) weeks from the start of this agreement. 7. This through the 8. This upon mutual 9. This of the Citg agreement is to be in effect from March 14, 1985 end of September, 1985. agreement maF be extended for future seasons agreement of both parties. agreement ma~ not be sublet without prior approval Council. I0. All equipment repairs are to be mede on a 50-50 basis. 11. The hours of operation shall be from 6~45 P.M. to the end of the last game on league nights and during an~ tourna- ment held on weekends. SIGNATURE// /JIM GALLAGHER, MAYOR cit~ of Sebastian S I dNA TUR E Da t e~~ City of Sebastian POST OFFICE BOX 78012? a SEBASTIAN, FLORIDA 329?8 TELEPHONE (407) 58g-E330 FAX 407-589-5570 Riverfront Committee Approved For Submi%tal By: Ci%¥ Manager ) °) Dep%. Origin ) ) Da%e Submt%%ed ) ) For Agenda Of ) ) Exhibi%s: ) ) Memo from Kinchen ) Memo from Peter Jones Enaine~rina 1-8-91 1-23-91 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIREDi SUMMARY STATEMENT Due to the conflict of Stan Krulikowski servin9 on this board : a vacancy occurred. The committee members appointed a new chairman and vice-chairman and recommends permanent appointment. Committee requests City Council appoint alternate. RECOMMENDED ACTION Concur with recommendations for Chair and Vice-chair and re§ular member appointment. Select new alternate from various applicants whose applications are attached. City of Sebastian POST OFFICE BOX 780127 B SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DATE: JANUARY 8, 1991 TO: FROM: THROUGH: RE: MAYOR AND CiTY COUNCIL LZNDA KZNCHEN ~ RIVERFRONT COMMITTEE SECRETARY PETER JONE~~ CHAIRMAN CHAIRMAN APPOINTMENT AND MEMBER VACANCY PLEASE BE ADVISED THAT ON DECEMBER 10, 1990 THE RZVERFRONT COMMITTEE TOOK ACTION TO RECOMMEND A NEW CHAIRMAN, VICE- CHAIRMAN AND PERMANENT MEMBER DUE TO THE REMOVAL OF STAN KRUL!KOWSKI BECAUSE OF AN APPARENT CONFLICT, THE FOLLOWING ARE THEIR RECOMMENDATIONS. PETER JONES WAS NOMINATED CHAIRMAN AND VOTED ON UNANIMOUSLY. ALLISON TRIPP WAS NOMINATED VICE-CHAIRMAN AND VOTED ON UNANIMOUSLY. ROBERT BRODZE WAS NOMINATED TO MOVE FROM ALTERNATE TO PERMANENT MEMBER AND VOTED ON UNANIMOUSLY. THESE ACTIONS LEAVE AN OPENING FOR AN ALTERNATE POSITION STILL AVAILABLE, THE COMMITTEE FELT THAT THE CITY COUNCIL SHOULD APPOINT THE NEW ALTERNATE FROM ALL THE VARIOUS APPLICATIONS SINCE COUNCIL ORIGINALLY APPOINTED THIS COMMITTEE. YOUR ASSISTANCE IN CONFIRMING THE ABOVE NOMINATIONS AND APPOINTING A NEW ALTERNATE MEMBER IS GREATLY APPRECIATED. LK;LK Peter W. Jones ARCHITECT 1627 U.S. Highway 1 Sebastian, Florida 32958 407/388~198.3 DATE: January 9, 1990 TO: · FROM: Will Conyers, Mayor and Members Sebastian City Council Peter W. Jones, Chairman ~~ Sebastian Riverfront Comml\g~ee RE: Council Replacement of Riverfront Committee Alternate Regarding Council's appointment of an alternate member for the Riverfront Committe (per secretary .Linda Kinhen memo dated January 8, 1991), I ask that you consider the following in your selection deliberations: 1. That your'appointment of the current committee membership reflects an excellent cross section of individuals and talent. We have members that not only represent the business community, but you have also appointed (in Ross Calvin and Ann Foster) residents of the local community who aren't the usual volunteers, but who came foward for this important task. 2. The committee is not represented, however by anyone ~ith an engineering background. 3. The applicants for the vacant position on the committee reflect backgrounds that already exist on the committee (real estate, law, etc.). 4. Because of the importance of our task of delivering viable recommendations to the City regarding the riverfront, having an individual with engineering experience would clearly assist the committee in meeting our responsibility. Council should have an application from Randy Mosby, along with several others. Randy's expertise, as an engineer, would greatly assist the committee in our work and would balance out the good talents you have selected thus far. Thank you for your time and consideration. SEBASTIAN POLICE DEPARTMENT Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 MEMO January 11, 1991 Lt. David J. Puscher Detective Willie Render~' River Front Study Ccmmittee Applications frcra Steven Lulich and Randy L. Mosby for investigation to serve as a member of the River Front Study Cu~,~,4ttee. Steven Lulich - NCIC/FCIC negative. Randy L. Mosby - NCIC/FCIC negative. WR/jh . 3. 4. 5. 6. 7. 8. 9. CITY OF SEBASTIAN STEVEN LULICH £ HOME ADDRESS: 932 Rivera .A_¥enue, Sebastian HOME TELEPHONE: (407) 589-5500 BUS INES S: Attorney~ ~~S$ ADDRESS: P.O. Box 781390, Sebastian, FL 32978 BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: DRIVERS LICENSE NUMBER: RESUME OF EDUCATION AND EXPERIENCE: (407) 589-5500 10. 11. 12. 13. 14. 15. 16. (use additional sheets if necessary or submit resume if available) Voter registration no. Are you a resident of the City? Yes~ NO Length of Residency 5years Do you hold a public office? Yes__ Noxx Do you serve on a City Board at present? ~es Noxx_ ~ PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON: RIVERFRONTSTUDYCO~TrEE XX *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD PARKS AND RECREATION *PLANNING AND ZONING HANDICAPPED COMMITTEE What qualifications do you have to serve on this board? Past chairman of Sebastian Planning & Economic Counsel; past chairman of Chamber Subcon~nittee on Economics Planning & Develo~nent - 0 V E R - 17. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No ~ n~e~. ~6~d-'~6u consider serving on another Board other than the one(s) you selected above? Yes ~ No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board m~mber for malfeasance, misfeasance, neglected duty, habitual 'drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. ~~.. ~ . ~ Applicant Signature SWORN TO AND SUBSCRIBED before me this ~ day of ~ , 19 9O. No~'ary Public, state of Florida.. ... . -.-..; . \ws-form\board.app 2 CITY OF SEBASTIAN APPLICATION TO SERVE ON CITY BOARD 2. 3. 4. 5. 6. 7. 8. 9. NAME: HOME ADDRESS: HOME TELEPHONE: BUSINESS: ....... Randy L. MOS~y 8260 CapewellCourt, Sebastian, FL (407} 589-0547 Mosb~ & Associates, Inc. 32958 BUSINESS ADDRESS: 1507 - 20th Street, Vero Beach, FL 32960 BUSINESS TELEPHONE: (407.) 569-0035 SOCIAL SECURITY NUMBER: DRIVERS LICENSE NUMBER: RESUME OF EDUCATION AND EXPERIENCE: See Attached (use additional sheets if necessary or submit resume if available) 10. Voter registration no. 11. Are you a resident of the City? Yes No X 12. Length of Residency 13. 14. 15. 16. Do you hold a public office? Yes No X Do you serve on a city Board at present? ~es No X PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON: *BOARD' OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD PARKS AND RECREATION *PLANNING AND ZONING HANDICAPPED COMMITTEE **WATERFRONT DEVELOPMENT COMMITTEE What qualifications do you have to serve on this board? Professional Engineer - Knowledge of the City's waterfront community. - 0 V E R - 17. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No X 18~::~' Wo~l'd"~u consider serving on another Board other than the one(s) you selected above? Yes X No , I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official - duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties o£ his office or who is indicated or informed against for the commission of any felony or misdemeanor. ~ active warrant check on me. / l/ '~'~/~II ~/ Applfcan% S~gtur./'/" an SWORN TO AND SUBSCRIBED before me 1990. this 18~ day of Decgmber ~ , pu~~_~te of Florida ~ws-form\board.app 2 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: Resolution No. R-91-04 March 12, 1991 Election Designating Offices to be Filled and Polling Places APPROVED FOR SUBM~~_~ City Manager: ) Dept. Origin City Clerk ) ) Date Submitted 1/8/91 ) ) For Agenda Of 1/23/91 ) ) Exhibits: R-91-04 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT In accordance with the Charter of the City of Sebastian, Section 4.07, City Council shall adopt a resolution upon the calling of of an election, stating where the election will take place and naming the offices to be filled or questions to be decided. RECOMMENDED ACTION Move to adopt Resolution No. R-91-04. RESOLUTION NO. R-91-04 .~ ~_\~.~'..~A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION FOR THE PURPOSE OF ELECTING THREE (3) CITY COUNCILMEN FOR TERMS OF TWO (2) YEARS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. That a General Election shall be held within the City of Sebastian, Indian River County, Florida on Tuesday, March 12, 1991. Section 2. That the four polling places are as follows: A. Precinct 12 ........ The Sebastian Community Center 1805 North Central Avenue B. Precinct 14 ........ Church of the Nazarene 50 South Wimbrow Drive C. Precinct 15 ........ The Sebastian Lakes Clubhouse 1101Fellsmere Road (CR 512) D. Precinct 16 ........ Calvary Baptist Church 123 Thunderbird Drive Section 3. The purpose of this general election is to elect three (3) Councilmen for terms of two (2) years. Section 4. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 5. This Resolution shall take effective immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman Councilman vote was as follows: M~y~ Richard B. Votapk'~ ~ ~ice Mayor Robert McCarthy ~ /Councilman Robert McCollum ~ ~Councilman Frank Oberbeck X~ouncilman Lloyd Rondeau T~thereupon declared this adopted this '~---~ -'day of . The motion was seconded by and, upon being put to a vote,the Resolution duly passed and · 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk By: W.E. Conyers, Mayor Approved as to Form and Content: Charles I. Nash, City Attorney City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 n FAX (407) 589-,5570 SUBJECT: March 12, 1991 Election APPROVED FOR SUBM~~' City Manager: Agenda No. Dept. Origin City Clerk Date Submitted For Agenda Of 1,/8/91, ,!/,2,,3/'9,,3-,, Exhibits: none EXPENDITURE REQUIRED: approx. $3,500 AMOUNT BUDGETED: $6,600 APPROPRIATION REQUIRED: SUMMARY STATEMENT I am requesting approval of certain items regarding the March 12, 1991 election, requested by Ann Robinson, Supervisor of Elections, Indian River County, for formal Council approval for her office to conduct the election and to prepare the ballot. In accordance with Ms. Robinson's request, I am requesting that Council authorize payment to the Supervisor of Elections Office in the amount of $3,500 which must be presented to her along with the names of candidates to be placed on the ballot. The cost of conductin~ the election is fifty cents per registered voter in the city, which number will be determined when registration books close on February 11, 1991. Following the election, there will be a total breakdown of costs presented and any overage in payment will be reimbursed to the city. Also, in accordance with Code of Ordinances, Section 9-1 Candidates-Declaration of intent; petition; form of ballot. subsection (b) I will advise the Supervisor of Elections that blank lines should be provided for write-in votes. RECOMMENDED ACTION Move to 1) authorize the Supervisor of Elections for Indian River County, Ann Robinson, to conduct the March 12, 1991 election; 2) authorize the Supervisor of Elections for Indian River County to prepare the ballot for City of Sebastian; 3) to authorize payment to .the Supervisor of Elections in the amount of $3,500 for conducting the election. sam City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: RE: January 23, 1991 Mayor Conyers, City Councilmembers, and City Manager CityKathrynclerkM' O'Halloran ~ ~ 1/23/91 Agenda Item No. 91.034 - Riverfront Study Committee Appointments Please note that the recommended appointment of Robert Brodie to regular member from alternate for the above referenced committee, was inadvertently omitted from the written agenda, although requested by the committee in their memo dated January 8, 1991 (included in agenda backup). In order to appoint a new alternate this evening, which also is one of the committee's recommendation, a current alternate should fill the vacated regular member position. This recommended action should be added to the agenda to facilitate the appointment of a new alternate. We apologize for the oversight. sam RESOLUTION NO.: R-91-05 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE APPROVAL OF A PRELIMINARY PLAT FOR A MAJOR SUBDIVISION FOR A PARCEL OF L~ND APPROXIMATELY 10.23 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 512, WEST OF SOUTH WIMBROW DRIVE, NORTH OF GEORGE STREETt ~ EAST OF STRAIT AVENUE, SUBJECT TO CERTAIN CONDITIONS; WAIVING CERTAIN SIDEWALK REQUIREMENTS; PROVIDING FOR BINDING EFFECT; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR P~RTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicants, Jerald E. Strnad and Gary D. Deshon, Trustee, (hereinafter sometimes collectively referred to as the ,,Applicant"), are the owners of a certain tract of real property located in the City of Sebastian, Indian River County, Florida; and, WHEREAS, the Applicant has requested that the City Council of the city of Sebastian approve the Preliminary Plat for a Major Subdivision submitted to the City; and WHEREAS, the city Staff and the City Planning and Zoning Commission have reviewed the Preliminary Plat submitted by the Applicant and have recommended approval subject to the imposition of several conditions; and, WHEREAS, the Applicant has requested that the sidewalk requirements set forth in Section 20A-17.1K. of the Land Development Code be waived if the Applicant provides bicycle/pedestrian paths that allow for adequate pedestrian circulation; and, W~ER~AS., the City Council has determined that the Preliminary Plat submitted by the Applicant should be approved subject to the conditions set forth in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that~ Section 1. pRELIMINARY .PLAT APPROVAL. The Preliminary Plat submitted to the City by Jerald E. Strnad and Gary D. Deshon, Trustee, with respect toa Major Subdivision for the certain tract of real property owned by the Applicant, consisting of approximately 10.23 acres located south of County Road 512, west of South Wimbrow Drive, north of George Street, and east of Strait Avenue, and more particularly described as: "Tract A of Sebastian HIGHLANDS UNIT 14, a subdivision according to the plat thereof, as recorded in Plat Book 8, Page 43 of the Public Records of Indian River County, Florida," is hereby approved, subject to the conditions and restrictions contained elsewhere in this Resolution. Section 2. CONDITIONS AND RESTRICTIONS. The approval of the Preliminary Plat as set forth in Section 1 of this Resolution is conditioned upon the Applicant, and their successors in interest, complying with the following conditions and restrictions: 1. Ail improvements made to the subject real property, as outlined in the Traffic Study to County Road 512 (traffic light, right turn lane and left turn lane) will be constructed by the Applicant at its. expense, in accordance with the requirements of Indian River County, Florida. preclude Indian River County from additions to the improvements as necessary and proper. This condition shall not operate to requesting modifications or Indian River County deems 2. The Applicant shall be authorized to construct all required streets, on-site storm water tracts, street lighting, and all other improvements as indicated on the preliminary plans dated October 31, 1990. 3. The Applicant shall submit a final plat for the approval of the City in accordance with the provisions of Section 20A-16.4.C. of the Land Development Code after the improvements set forth in paragraphs 1 and 2 of this Section 2 have been completed and certified by the Applicant's Engineer and the City's Engineer. 4. The Applicant shall not submit a final plat for approval nor shall a final plat be approved until central water and sanitary sewer have been appropriate governmental jurisdiction. constructed and approved by the authorities and agencies having Section 3. WAIVER OF SPECIFIC SIDEWALK REQUIREMENTS. The Applicant need not construct sidewalks on both sides of the street comprising the Major Subdivision pursuant to Section 20A-17.1 K., so long as Applicant constructs a sidewalk consisting of a bicycle and pedestrian path which is at least six (6) feet wide, on either the easterly or the westerly side of the roads and streets, and provides adequate pedestrian circulation. Section 4. BINDING EFFECT. The Applicant shall submit appropriate assurances that any successors or assigns of the Applicant will comply with~all provisions governing the development of the Major Subdivision in accordance with this Resolution and the requirements of the Land Development Code of the city of Sebastian and all provisions of the Code of ordinances of the City of Sebastian. The provisions of this Resolution shall be binding upon any assigns and successors of the Applicant. Section 5. RECORDING. The City Clerk is hereby directed to record this Resolution in the public records of Indian River County, Florida. Section 6. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 7. SEVERABIL~Ty. 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 8. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 4 The foregoing Resolution 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 Resolution duly passed and adopted this day of , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 5 RESOLUTION NO.: R-91-06 A 'RESOLUTION oF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN SPRINGS, UNIT 4, RIVER OAKS, CONSISTING OF 40.5 ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Henry A. Fischer, an individual, owns certain real property located within the corporate limits of the City of Sebastian; and WHEREAS, Henry A. Fischer desires to develop a subdivision on a portion of his real property lying in Sebastian, Indian River County, Florida; and WHEREAS, Henry A. Fischer has submitted a proposed final plat to the City for its approval; and WHEREAS, the final plat submitted meets all requirements as set forth in Section 20A-16.4C of the Land Development Code of the City; and WHEREAS, the final plat bears a Certificate of Dedication, Certificate of Title, and Certificate of Surveyor; and WHEREAS, all required improvements have been completed; and WHEREAS, the City Engineer has determined that all required improvements meet the provisions of the Land Development Code of the City; and WHEREAS, the final plat has been approved by the City Engineer and the City Attorney; and WHEREAS, all other conditions precedent to approval of the final plat have been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. PLAT APPROVAL. The final plat of San Sebastian Springs, Unit 4, River Oaks, as prepared by James A. Fowler, a Florida registered surveyor, bearing Certificate of Dedication dated July 31, 1990, is hereby approved due to its compliance with Section 20A-16.4C of the Land Development Code of the City of Sebastian and the agreement of the Owner to require the utilization of post lamp lighting by each of the parcels in the subdivision at the time the Certificate of Occupancy is issued in exchange for the waiving of the requirement that street lighting be provided pursuant to Section 20A-16.1(d) of the Land Development Code of the City of Sebastian. Applicant shall deposit in escrow with the City for the purpose of constructing a water treatment system and fire hydrants an amount-'of cash or security acceptable to the City equal to one hundred and ten percent (110%) of the system's estimated construction and installation cost as certified by the project engineer. Section 2. SIGNING OF THE PLAT. The Mayor is directed to sign the final plat. 2 Section 3. KECORDZNG OF THE PLAT. The City Clerk is directed to present the final plat to the Clerk of the Circuit Court for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. SEVEBABILITY. 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 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman Councilman vote, the vote was as follows: The motion was seconded and, upon being put to a by Mayor W. E. Conyers Vice-Mayor Frank 0berbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles lan Nash, City Attorney 4 RESOLUTION NO.: R-91-O? '~-"c~'~':A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAIq RIVER. COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN SPRINGS, UNIT 3, CREEK ISLAND, CONSISTING OF 6.5 ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Henry A. Fischer, an individual, owns certain real property located within the corporate limits of the City of Sebastian; and WHEREAS, Henry A. Fischer desires to develop a subdivision on a portion of his real property lying in Sebastian, Indian River County, Florida; and WHEREAS, Henry A. Fischer has submitted a proposed final plat to the City for its approval; and WHEREAS, the final plat submitted meets all requirements as set forth in Section 20A-16.4C of the Land Development Code of the City; and WHEREAS, the final plat bears a Certificate of Dedication, Certificate of Title, and Certificate of Surveyor; and WHEREAS, all required improvements have been completed; and WHEREAS, the City Engineer has determined that all required improvements meet the provisions of the Land Development Code of the City; and WHEREAS, the final plat has been approved by the City Engineer and the City Attorney; and WHEREAS, all other conditions precedent to approval of the final plat have been met. NOW, THBREFORE, BB IT RESOLVED BY THB CITY COUNCIL OF THB CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. PLAT APPROVAL. The final plat of San Sebastian Springs, Unit 3, Creek Island, as prepared by James A. Fowler, a Florida registered surveyor, bearing Certificate of Dedication dated July 31, 1990, is hereby approved due to its compliance with Section 20A-16.4C of the Land Development Code of the City of Sebastian and the agreement of the Owner to require the utilization of post lamp lighting by each of the parcels in the subdivision at the time the Certificate of Occupancy is issued in exchange for the waiving of the requirement that street lighting be provided pursuant to Section 20A-16.1(d) of the Land Development Code of the City of Sebastian. Applicant shall deposit in escrow with the City for the purpose of constructing a water treatment system and fire hydrants an amount-of cash or security acceptable to the City equal to one hundred and ten percent (110%) of the system's estimated construction and installation cost as certified by the project engineer. Section 2. SIGNING OF THE PLAT. The Mayor is directed to sign the final plat. '. _~-¥section 3, RECORDING OF THE PLAT. The City Clerk is directed to present the final plat to the Clerk of the Circuit Court for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. Section 4. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. SEVERABILITT. 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 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The koregoing Resolution 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 Resolution duly passed and adopted this day of , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney RESOLUTION NO.: R-91-08 ~,:',::'::~ A RESOLUTION OFI THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN LAKES, CONSISTING OF 11.11 ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Henry A. Fischer, an individual, owns certain real property located within the corporate limits of the City of Sebastian; and WHEREAS, Henry A. Fischer desires to develop a subdivision on a portion of his real property lying in Sebastian, Indian River County, Florida; and WHEREAS, Henry A. Fischer has submitted a proposed final plat to the City for its approval; and WHEREAS, the final plat submitted meets all requirements as set forth in Section 20A-16.4C of the Land Development Code of the City; and WHEREAS, the final plat bears a Certificate of Dedication, Certificate of Title, and Certificate of Surveyor; and WHEREAS, all required improvements have been completed; and WHEREAS, the City Engineer has determined that all required improvements meet the provisions of the Land Development Code of the City; and WHEREAS, the final plat has been approved by the City Engineer and the City Attorney; and WHEREAS, all other conditions precedent to approval of the final plat have been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. PLAT APPROVAL. Lakes, as prepared by James A. surveyor, bearing Certificate of The final plat of San Sebastian Fowler, a Florida registered Dedication dated December 10, 1990, is hereby approved due to its compliance with Section 20A- 16.4C of the Land Development Code of the City of Sebastian. SIGNING OF THE PLAT. The Mayor is directed to Section 2. sign the final plat. Section 3. RECORDING OF THE PLAT. The City Clerk is directed to present the final plat to the Clerk of the Circuit Court for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this 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 2 this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman Councilman vote, the vote was as follows: The motion was seconded and, upon being put to a by 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 , 1991. CITY OF SEBASTIAN, FLORIDA 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 ORDINANCE NO. 0-91-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONiNG; REZONING CERTAIN PROPERTY IN 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 FROM COUNTY ZONING DISTRICTS Al, RM6, AND IL TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the parcels of property described herein have petitioned the City of Sebastian for an amendment to the zoning ordinance; 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 THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION ~. PROPERTY. That the change in zoning classification created by the adoption of this Ordinance shall apply to the the following described real property: Parcel 1 - The North half of the South half of the ......... ~, ,~Northwest 1/4 of the Northeast 1/4 of Section 7, .... ~"~: "~ ...... "-"Town~hip 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 distance of 238.61 feet more or less to the point of Beginning. SECTION 2. DISTRICT. That the real property described in this Ordinance is hereby rezoned from County District Al, RM6, and IL, to City Zoning District IN (Industrial). 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. 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 this Ordinance shall not be affected and it will be presumed that the City Council of the City of Sebautian 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. 2 i,.~¥...,~'~..~,~..,. Si~CTION '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 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: ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk 3 I HEREBY CERTIFY that a 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 on the day of, 19 , and that following said public hearing, this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 4 ORDINANCE NO. ~ 0-91-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM COR (COMMERCIAL OFFICE RESIDENTIAL) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT FOR L~ND LOCATED IN THE NORTH CENTRAL AREA OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED APPROXIMATELY ONE-QUARTER MILE NEST OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND NORTHWEST OF CROSS STREET; PROVIDING FOR A COPY OF THE DESIGNATION CHANGE TO THE COMPREHENSIVELANDUSE PLAN MAP TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERAEILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, SEBASTIAN DEVELOPMENT PROJECT, INC., the owner of the parcel of real property described herein has applied to the City of Sebastian for an amendment to the current land use designation; and WHEREAS, on December 20, 1990, the Planning and Zoning Commission conducted a public hearing on the requested amendment to the Comprehensive Land Use Plan amendment and has submitted a recommendation in favor of the proposed change of the Comprehensive Land Use Plan to the city Council; and WHEREAS, the City Council has provided notice of the proposed change to the existing Comprehensive Land Use Plan and conducted a public hearing to receive citizen input; and WHEREAS, the city Council has considered the provisions of the existing Comprehensive Land Use Plan together with the recommended findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has determined that the requested 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 the first public hearing was held on this day of , 1991, that ordinance at 7: 00 p.m. on the_.___~._ ~:_ ~inance at 7:00 p.m. on was hel - ~ ~-~owin~ the following a second public hearing ~ on ~n~ ~ ' the day of _, 1991, and t~a~ ~u~ ~ the s~nd publi~c hearing this ordinance was passed by the City council. ' Kathryn M.---~,Halloran, city Clerk Approved as to Form and content: charles Ian Nash------~City Attorney 4 The following is a list of actions taken at the 1/23/91 Regular Meeting. Ail follow-up correspondence should be copied to file 1. 91.030 - Proclamation - 3/12/91 General Election - ACCEPTED File 3/12/91 General Election File 91.035 - Teens Against Boredom ("TAB") - Request to Use ~ Building as a Teen Center - APPROVED Create File Copy Minutes to File, P.D., ~~ Letter to TAB File ?? 91.036 - Sebastian Panther Football Cheerlea~ing Youth Group - Request for Security and Fee Waiver for Use of Community Center - Fund Raiser Teen Dance 2/2/91--/--7.7~00 p.m. to 11:00 p.m. - APPROVED Letter to SPFCYG File to Linda ~/~C~ 4. 90.289 - ORDINANCE NO. 0-90-17 - Morchesky Volun.tary AnnexatiOn - ADOPTED - see pages 63 - 65 procedures manual Sign, Seal, Fill in Blanks Copy (with map and cover letter explaining that this ordinance was adopted previously but due to an incorrect map had to be redone) to Solin & Assoc, IRC Planning, IRC Commission, IRC Property Appraiser, Treasure Coast Regional Planning Council, Lloyd & Assoc., IRC Supervisor of Elections, Southern Bell, FPL, P & Z, P.D., IRC Emergency Management, Attorney Rene Van de Voorde, and City Attorney (his copy doesn't need letter) Record original When returned, copy to Secretary of State, Office of Governor~and f~le~~Ta ~k~ Blue back original and file in vault File backup in PUD/SUBDIVISIONS in vault Update 0-91 list in computer 5. 91.013 - ORDINANCE NO. O-91-05 - Morchesky Comprehensive Land Use Plan Amendment - APPROVED ON 1ST READING FOR TRANSMITTAL TO DCA Make 10 copies of Ordinance and minutes page for transmittal to DCA Have Director of Community Development do transmittal letter mail all to DCA ~pR~c~T~ Letter to notifying action taken File pending credenza 1 91.012 - ORDINANCE NO. O-91-07 - Fisher Comprehensive Land Use Plan Amendment ~ APPROVED ON 1ST READING FOR TRANSMITTAL TO DCA Make 10 copies of Ordinance and minutes page for transmittal to DCA Have Director of Community Development do transmittal letter mail all to DCA ~mL~A~ Letter to~-F~she~=notifying action taken File pending credenza 90.226 - 91.004 - ORDINANCE NO. O-91-01 - Political Signs ADOPTED Sign, seal, fill in blanks Copy to City Attorney, file, Muncipal Code Corporation w/ letter, Dept. Community Dev., P & Z, Mail letter to candidates w/ copy of ordinance?? Blue back original and file in vault File ordinance backup in vault Update O-91 in computer 91.006 - RESOLUTION NO. R-91-01 - Morchesky Sand Mining Special Use Permit - ADOPTED Sign, Seal, fill in blanks Be certain compliance and restoration bonds have been received prior to permitting pursuant to 20A- 5.30 (e) Copy to City Attorney, DCD, P & Z, IRC County Planning and file Blue back original and file in vault File backup in PUD/SUBDIVISiONS in vault Update R-91 in computer Be certain fee for certified letters has been received pursuant to 20A-2.6 C.1 and E Indicate in index that expiration is 1/22/92 91.005 - RESOLUTION NO. R-91-02 - Chesser's Gap Sandminin~ ~ecial Use Permit - ADOPTED ' ' Sign, Seal, fill in blanks : Be certain compliance and restoration bonds have been received prior to permitting pursuant to 20A- 5.30 (e) Copy to City Attorney, DCD, P & Z, IRC County Planning and file Blue back original and file in vault File backup in PUDS/SUBDIVISIONS in vault Update R-91 in computer Be certain fee for certified letters has been received pursuant to 20A-2.6 C.1 and E Indicate in index that expiration is 1/22/92 2 10. 91.007 - RESOLUTION NO. R-91-03 - Flatt/DeCristofaro Sandmining Special Use Permit - ADOPTED Sign, Seal, fill in blanks Be certain compliance and restoration bonds have been received prior to permitting pursuant to 20A- 5.30 (e) Copy to City Attorney, DCD, P & Z, IRC County Planning and file Blue back original and file in vault File backup in PUDS/SUBDIVISIONS in vault Update R-91 in computer Be certain fee for certified letters has been received pursuant to 20A-2.6 C.1 and E Indicate in index that expiration is 1/22/92 11. 91.018 - RESOLUTION NO. R-91-09 - Indian River Yellow Cab Permit & Certificate of Public Convenience and Necessity ADOPTED Sign, seal, fill in blanks Copy to City Attorney, file, applicant w/letter, other services (City Cab, Yellow Cab of Sebastian) w/ letter, and P.D. Blue back original and file in vault File backup "PERMIT & CERTIFICATE OF CONVENIENCE AND NECESSITY" in vault Update R-91 in computer IF DENIED applicant may not reapply for 6 months 12. Approval of Minutes - 1/9/91 Regular Me~ - APPROVED Sign, Seal, place in 91 minutes book - be certain agenda is in book 13. 91.031 - Waive Bid - Engineering Dept. - Purchase 1/2 Ton Picku~ - Duval FordL Jacksonville - $9895 - APPROVED Letter to Duval Ford Copy minutes to file, PW/Eng, and Finance File 91 "PURCHASES" in vault 14. 91.032 - Award Contract to Ameraquatic - H~acinth Control Schumann and Elkcam Waterways - $3030 - APPROVED Letter to Ameriquatic Get original contract for signature Copy to file Copy minutes to Finance, PW and file File "AGREEMENTS" in vault with previous contract 3 15. 91.033 - ~ove Softball Concession Agreement Extension L BSSC - City of Sebastian and Sebastian Officials Assoc. APPROVED Letter to SOA w/copy of contract and explanation of action taken Copy minutes to file,r~%~ File "AGREEMENTS" in vault 16. 91.034 - Riverfront Committee - Recommendations Re: Members a. Appoint Peter Jones as Chairman - APPOINTED PUT RIVERFRONT STUDY COMMITTEE INFO IN BACK OF HANDBOOK Letter to Jones Copy minutes to Riverfront Comm. Add to "Board Handbook" pages Distribute new pages to all board secretaries b. A_p/ooint Allison Tripp as Vice-Chairman - APPOINTED Letter to Tripp Copy minutes to Riverfront Comm. Add to "Board Handbook" pages Distribute new pages to all board secretaries c. Appoint Alternate Member from Among Applicants Letter to appointee w/ copy of Govt. in Sunshine brochure and Financial Disclosure form to be filled out and submitted to Supervisor of Elections Copy minutes to Riverfront Comm. Add to "Board Handbook" pages Distribute new pages to all board secretaries 17. 91.008 - RESOLUTION NO. R-91-05 - Collier Creek Commercial Park Preliminary Plat Approval - ADOPTED Sign, seal, fill in blanks copy to City Attorney, applicant w\ letter, file, DCD, P & Z Record original resolution When returned blue back original and file in vault Mail recorded copy to applicant Update R-91 in computer Indicate that applicant has until 7/23/93 to submit final plan unless extension is requested File backup in "PUDS/SUBDIVISIONS" in vault 4 18. 91.009 - RESOLUTION NO. R-91-06 - River Oaks Final Plat Approval - ADOPTED Sign, seal and fill in blanks Copy to City Attorney, file, DCD, P & Z, applicant w/'letter Clerk to record final plat after signature of Mayor, City Engineer, City Attorney and City Clerk - need 845.00 from applicant and if we want a copy we pay $20.00 When copy of final plat returned place in file Blue back original resolution - file in vault File backup in "PUDS/SUDIVISIONS" in vault (this is a section of San Sebastian Springs) Update R-91 in computer 19. 91.010 - RESOLUTION NO. R-91-07 - Creek Island Final Plat - ADOPTED Sign, seal and fill in blanks Copy to City Attorney, file, DCD, P & Z, applicant w/ letter Clerk to record final plat after signature of Mayor, City Engineer, City Attorney and City Clerk - need 3o. o0$4~from applicant and if we want a copy we pay When copy of final plat returned place in file Blue back original resolution - file in vault File backup in "PUDS/SUDIVISIONS" in vault (this is a section of San Sebastian Springs) Update R-91 in computer 20. 91.011 - RESOLUTION NO. R-91-08 - San Sebastian Lakes Final Plat - ADOPTED Sign, seal and fill in blanks Copy to City Attorney, file, DCD, P & Z, applicant w/ letter Clerk to record final plat after signature of Mayor, City Engineer, City Attorney and City Clerk - need $45.00 from applicant and if we want a copy we pay 820.00 When copy of final plat returned place in file Blue back original resolution - file in vault File backup in "PUDS/SUDIVISIONS" in vault (this is a section of San Sebastian Springs) Update R-91 in computer 21. 91.030 - RESOLUTION NO. R-91-04 - Callinq 3/12/91 Election ADOPTED Sign, seal and fill in blanks Copy to City Attorney, file, Supervisor of Elections w/ Letter along with items below Blue back original and file in vault 5 File backup pending until after election 22. 91.030 - March 12a 1991 Election - City Clerk Request for Approval of Certain Items Pert~ to Supervisor of Elections and Authorization of $3,500 Payment - APPROVED Request Check for Supervisor of Elections for 83500 When received copy check to 3/12/91 election file and enclose check in letter to SOE along w/ official ballot and approval of other action items 23. 91.013 - ORDINANCE NO. O-91-06 - Morchesky Rezoning - 1st read accepted Letter to applicant notifying action taken File pending (w/ O-91-05) 24. 91.012 - ORDINANCE NO. 0-91-08 - Fisher Rezoning - 1st read accepted Letter to applicant notifying action taken File pending (w/ O-91-07) 6 City of Sebastian City Manager/City Nels R. Roseland 964 Schumann Drive Sebastian, FL 32958 January 11, 1991 Dear Sir(s), We, the undersigned, residents on Schumann Lake, request that appropiate action be taken to contact GDC to spray the lake to eliminate the excessive algae, 'water reeds, and hyacinths that are taking over the lake. To my knowledge, the last the lake was sprayed was in April of 1990. We request this be done before the algae starts killing the fish. Thank you, Name/ Address Signature Owner/Renter I! I 8' City of Sebastian ~, [ ]-'~ City Manager/City Council Nels R. Roseland 964 Schumann Drive Sebastian, FL 32958 January 11, 1991 Dear Sir(s), We, the undersigned, residents on Schumann Lake, request that appropiate action be taken to contact GDC to spray the lake to eliminate the excessive algae, water reeds, and hyacinths that are taking over the lake. To my knowledge, the last the lake was sprayed was in April of 1990. We request this be done before the algae starts killing the fish. Thank you, Name Address Signature Owner/Renter M I N U T E S SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 23, 1991 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CiTY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER "7 ~/u~,~:~ ~. PLEDGE OF ALLEGIANCE ~. INVOCATION - Henk Toussaint - Deacon - St. Sebastian Catholic Church 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 91.030 PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation L Calling 3/12/91 General Election 2 7. PRESENTATIONS 91.035 A. Teens Against Boredom ("TAB") - Request to Use City Building as a Teen Center (City Manager Recommendation dated 1/17/91, TAB Wish List) 91.036 B. Sebastian Panther Football Cheerleading Youth Group - Request for Security and Fee Waiver for Use of Community Center - Fund Raiser Teen Dance 2/2/91 - 7:00 ~.m. to 11:00 p.m. (Application and Letter dated 1/10/91) 4 8. PUBLIC HEARING, FINAL ACTION 90.289 ORDINANCE NO. O-90-17 - Morchesky Voluntary Annexation 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 EFFECTIVE DATE. (lst Reading 12/20/90, Advertised 12/28/90, 1/4/91, 1/11/91, 1/18/91, PH 1/23/91) 91.013 ORDINANCE NO. O-91-05 - Morchesky Comprehensive Land Use Plan Amendment 1ST PUBLIC HEARING AND TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS - PURSUANT TO F.S. 163.3184 (15)(b)1. "..THE INTENTION TO HOLD AND ADVERTISE A SECOND PUBLIC HEARING SHALL BE ANNOUNCED AT THE FIRST PUBLIC HEARING." AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY LD2 DISTRICT AND MXD DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN 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 EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91 1/4 page) 6 91.012 ORDINANCE NO. O-91-07 Fisher Comprehensive Land Use Plan Amendment 1ST PUBLIC HEARING AND TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS - PURSUANT TO F.S. 163.3184 (15)(b)l. "..THE INTENTION TO HOLD AND ADVERTISE A SECOND PUBLIC HEARING SHALL BE ANNOUNCED AT THE FIRST PUBLIC HEARING." AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM COR (COMMERCIAL OFFICE RESIDENTIAL) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT FOR LAND LOCATED IN THE NORTH CENTRAL AREA OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND NORTHWEST OF CROSS STREET; PROVIDING FOR A COPY OF THE DESIGNATION CHANGE TO THE COMPREHENSIVE LAND USE PLAN MAP TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91 1/4 page) 90.226 91.004 D. ORDINANCE NO. O-91-01 - Political Signs AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGARDING POLITICAL SIGNS; AMENDING SECTION 20A-15.3 TO PROVIDE FOR NEW AND ADDITIONAL DEFINITIONS; AMENDING SECTION 20A-15.6B TO PROHIBIT THE PLACEMENT OF POLITICAL SIGNS ON PUBLIC PROPERTY AND TO REGULATE THE PLACEMENT AND REMOVAL OF POLITICAL SIGNS ON PRIVATELY OWNED PROPERTY IN RESIDENTIAL AND NONRESIDENTIAL DISTRICTS; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1/2/91 Discussion, 1/9/91 1st Reading, Advertised 1/12/91, PH 1/23/91) 91.006 RESOLUTION NO. R-91-01 - Morchesky Sand Mining Special Use Permit A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 10 ACRES IN SIZE MORE OR LESS, FOR CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY OF SEBASTIAN, ON THE WEST SIDE OF THE RIGHT-OF- WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD LOCATED IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TiME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91) 91.005 RESOLUTION NO. R-91-02 - Chesser's Gap Sandmining Special Use Permit A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 512, SOUTH OF THE INTERSECTION OF COUNTY ROAD 512 AND FLEMING STREET, APPROXIMATELY THREE AND ONE-HALF MILES WEST OF U.S HIGHWAY 1, ALSO KNOWN AS STATE ROUTE 5, AND EAST OF STRAIT AVENUE, LOCATED IN SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WiTH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91) 10 91.007 RESOLUTION NO. R-91-03 - Flatt/DeCristofaro Sandmining Special USe Permit A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 10 ACRES IN SIZE MORE OR LESS, FOR CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY OF SEBASTIAN, ON THE WEST SIDE OF THE RIGHT-OF- WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD; LOCATED IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Advertised 1/16/91) (Discussion 1/2/91, 11 91.018 H. RESOLUTION NO. R-91-09 - Indian River Yellow Cab Permit & Certificate of Public Convenience and Necessity A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO INDIAN RIVER YELLOW CAB, INC.; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CODE OF THE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABILITY INSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/9/91, Advertised 1/18/91 ) PUBLIC INPUT A. ~enda Items - None B. Agenda Items 13 10. CONSENT AGENDA A. Approval of Minutes - 1/9/91 Regular Meeting 91.031 B. 91.032 C. 91.033 D. Waive Bid - Engineering Dept. - Purchase 1/2 Ton Pickup - Duval Ford, Jacksonville - $9895 (State Contract Price~aff Recommendation dated 1/14/91, PW Director Memo dated 1/14/91) Award Contract to Ameraquatic - Hyacinth Control Schumann and Elkcam Waterways - $3030 (Staff Recommendation dated 1/16/91, PW Director Memo dated 1/14/91, Contract and Location Map) Approve Softball Concession Agreement Extension - BSSC - City of Sebastian and Sebastian Officials Association (City Manager Recommendation dated 1/16/91, 85 Agreement) 14 11. COMMITTEE REPORTS/RECOMMENDATIONS 91.034 A. Riverfront Committee Recommendations Re: Members (Staff Recommendation dated 1/8/91, Kinchen Memo dated 1/8/91, Jones Letter dated 1/9/91, P.D. Check) a. Appoint Peter Jones as Chairman Appoint Allison Tripp as Vice-Chairman ? Appoint Alternate Member from Among Applicants 15 12. OLD BUSINESS 91.008 A. RESOLUTION NO. R-91-05 - Collier Creek Commercial Park Preliminary Plat Approval A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE APPROVAL OF A PRELIMINARY PLAT FOR A MAJOR SUBDIVISION FOR A PARCEL OF LAND APPROXIMATELY 10.23 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 512, WEST OF SOUTH WIMBROW DRIVE, NORTH OF GEORGE STREET, AND EAST OF STRAIT AVENUE, SUBJECT TO CERTAIN CONDITIONS; WAIVING CERTAIN SIDEWALK REQUIREMENTS; PROVIDING FOR BINDING EFFECT; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1/2/91 Discussion)~.~AK~. 16 91.009 RESOLUTION NO. R-91-06 - River Oaks Final Plat Approval A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN SPRINGS, UNIT 4, RIVER OAKS, CONSISTING OF 40.5 ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) 17 91.010 C. RESOLUTION NO. R-91-07 - Creek Island Final Plat A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN SPRINGS, UNIT 3, CREEK iSLAND, CONSISTING OF 6.5 ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) 18 91.011 RESOLUTION NO. R-91-08 - San Sebastian Lakes Final Plat A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN LAKES, CONSISTING OF 11.11 ACRES, MORE OR LESS, LYIN~ IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) 19 91.030 13. NEW BUSINESS A. RESOLUTION NO. R-91-04 - Calling 3/12/91 Election A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION FOR THE PURPOSE OF ELECTING THREE (3) CITY COUNCILMEN FOR TERMS OF TWO (2) YEARS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 20 91.030 March 12, 1991 Election - City Clerk Request for Approval of Certain Items Pertaining to Supervisor of Elections and Authorization of $3,500 Payment (Staff Recommendation dated 1/8/91) 21 91.013 C. ORDINANCE NO. O-91-06 - Morchesk¥ Rezoning 1ST READING, SCHEDULE PH WHEN 0-91-05 COMPREHENSIVE LAND USE PLAN AMENDMENT IS RETURNED FROM DCA AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN 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 FROM COUNTY ZONING DISTRICTS Al, RM6, AND IL TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Discussion 1/2/91) 22 91.012 D. ORDINANCE NO. O-91-08 - Fisher Rezoning 1ST READING, SCHEDULE PH WHEN 0-91-07 COMPREHENSIVE LAND USE PLAN AMENDMENT IS RETURNED FROM DCA AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE NORTH CENTRAL AREA OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND NORTHWEST OF CROSS STREET; FROM COR (COMMERCIAL OFFICE RESIDENTIAL) 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. (Discussion 1/2/91) 23 15. COUNCIL MATTERS A. Vice Mayor Oberbeck 25 16. CITY ATTORNEY MATTERS 29