HomeMy WebLinkAbout06121991 City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
A G E N D A
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 12, 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
PLEDGE OF ALLEGIANCE (American Legion Will Present
Colors)
INVOCATION - Rabbi Jayr Davis - Temple Beth Shalom,
Vero Beach
4. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
PROCLAMATIONS AND/OR ANNOUNCEMENTS
91.155
Proclamation - Flag Day - 6/14/91 (Presented to
Members of American LeGion)
7. PRESENTATIONS
91.156
A. EmploYee of the Quarter Presentations
1. James R. Sheldon - 1st Quarter 1991
2. Eunice Mercier - 2nd Quarter 1991
91.124
91.132/
89.032
PUBLIC HEARING, FINAL ACTION
ORDINANCE NO. O-91-16 - Bid, Payment and
Performance Bonds (0-91-16)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RELATING TO BID, PAYMENT AND
PERFORMANCE BONDS; REQUIRING ID BONDS FOR BIDS IN
EXCESS OF $100,000; PROVIDING FOR WAIVER OF CERTAIN
BID BONDS FOR GOOD CAUSE; REQUIRING PAYMENT AND
PERFORMANCE BONDS FOR CONTRACTS IN EXCESS OF
$100,000; PROVIDING FOR WAIVER OF CERTAIN PAYMENT AND
PERFORMANCE BONDS FOR GOOD CAUSE; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 5/22/91, Advertised
5/31/91, PH 6/12/91)
RESOLUTION NO. R-91-20 - Stipulated Settlement
Agreement with Department of Community
Affairs Re: Comprehensive Land Use Plan (Staff
Recommendation dated 6/6/91, R-91-20, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A STIPULATED
SETTLEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (THE "DCA"), STIPULATING THE
CONDITIONS FOR SETTLING THE DISPUTE BETWEEN THE DCA
AND THE CITY OF SEBASTIAN WITH REGARD TO THE
COMPREHENSIVE PLAN ADOPTED BY THE CITY OF SEBASTIAN
BY ORDINANCE NO. 0-89-19 ON MARCH 28, 1990;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
2
91.132/
89.032
91.157
91.028
91.158
91.159
91.163
THE FOLLOWING ORDINANCE IS 1ST READING AND 1ST PUBLIC
HEARING FOR TRANSMITTAL TO DCA
ORDINANCE NO. 0-91-17 - Comprehensive Land Use
Plan Amendments in Accordance with Stipulated
Agreement (Staff Recommendation dated 6/6/91,
0-91-17, 55 Page Amendment [Council Only])
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 IN COMPLIANCE WITH THE
STIPULATED SETTLEMENT AGREEMENT ENTERED INTO BETWEEN
THE CITY OF SEBASTIAN AND THE DEPARTMENT OF COMMUNITY
AFFAIRS ON JUNE 12, 1991; PROVIDING THAT A COPY OF
THE PROPOSED COMPREHENSIVE PLAN AMENDMENT BE
TRANSMITTED TO THE 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.
(Advertised 1/4 Page 5/29/91)
PUBLIC INPUT ON AGENDA ITEMS
CONSENT AGENDA
Approval of Minutes - 5/22/91 Regular Meeting,
5/30/91 Special Meeting, 6/5/91 Workshop
Cancel July 3, 1991 City Council Workshop
(City Manager Recommendation dated 6/6/91)
4th of July Committee Requests - Close Certain
Streets on 7/4/91 - Use of Community Center on
7/4/91 - Close Yacht Club Parking Lot 7/4/91
(City Manager Recommendation dated 6/6/91, Beams
Letter dated 6/4/91)
Approve Building Permit Fee Waiver for Church of
the Nazarene Rectory (Staff Recommendation dated
6/6/91, Pastor Eby Letter dated 5/21/91)
Burgoon Berger Construction Corporation - Request
to Remove Specimen Tree (Staff Recommendation
dated 6/6/91, Application for Tree Removal)
Traffic Circulation Plan - Direct Staff to
Proceed with Engagement of Consulting Engineer
(City Manager Recommendation dated 6/6/91, Pages
2-12 and 2-10 Comp Plan)
3
91.160
91.161
91.129
91.126
11.
12.
13.
COMMITTEE REPORTS/RECOMMENDATIONS
A. PARKS AND RECREATION COMMITTEE
Consider Reappointment of William T. Rogers
and Eugene Dory - Additional Three Year Terms
to Expire June 1994 or Abolish Committee (City
Manager Recommendation dated 6/6/91, P & R
Minutes 4/30/90)
B. CODE ENFORCEMENT BOARD
Receive Code Enforcement Orders - Case Nos.
91-5027, 91-4999, 90-4400 dated 5/15/91 (No
Action Required)
OLD BUSINESS
CAVCORP Property Lease Purchase (City Manager
Recomendation dated 6/6/91, Counter Proposal)
NEW BUSINESS
ORDINANCE NO. 0-91-18 - Nuisance Regulation
(Staff Recommendation dated 6/6/91, 0-91-18)
Reading - Set Public Hearing 7/10/91
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
NUISANCES, IN ITS ENTIRETY; AMENDING SECTIONS 16-1
PERTAINING TO DEFINITIONS, 16-1.1 PERTAINING TO
COUNCIL INTENT, 16-2 PERTAINING TO ILLUSTRATIVE
ENUMERATIONS, 16-2.1 PERTAINING TO NOTICE OF
VIOLATION - GENERALLY, 16-3 PERTAINING TO NOTICE OF
VIOLATION - PROCEDURE AND FORM, SECTION 16-4
PERTAINING TO HEARINGS BEFORE CODE ENFORCEMENT BOARD,
SECTION 16-5 PERTAINING TO CONDITIONS MAY BE REMEDIED
BY THE CITY AND LIEN IMPOSED, SECTION 16-6 PERTAINING
TO SANITARY LIEN BOOK, SECTION 16-7 PERTAINING TO
RULES AND REGULATIONS AUTHORIZED, AND SECTION 16-8
PERTAINING TO PENALTY FOR VIOLATION, OF THE CODE OF
ORDINANCES OF THE CiTY OF SEBASTIAN; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR CODIFICATION IN THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
4
91.152
91.138
91.164
91.165
14.
ORDINANCE NO. O-91-15 - Regulating Distribution
of Handbills (Staff Recommendation dated 6/6/91,
0-91-15)
Reading - Set Public Hearing 7/10/91
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE II OF CHAPTER 3 OF
THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
REGULATING THE DISTRIBUTION OF HANDBILLS WITHIN THE
CITY OF SEBASTIAN, FLORIDA; PROHIBITING THE
DISTRIBUTION OF HANDBILLS ON PRIVATE PROPERTY;
PROVIDING FOR EXCEPTIONS; PROVIDING PENALTIES FOR
VIOLATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CiTY
OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-91-18 - Vickers Grove Preliminary
Plat (Staff Recommendation dated 6/6/91, R-91-18)
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 117 ACRES IN SIZE, LOCATED IN
SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUBJECT TO
CERTAIN CONDITIONS; 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.
Ruth Sullivan (On Behalf of indian River Drive
Property Owners Association) - Accept Appeal to
Planning and Zoning Commission Approval for
Conceptual Design - 55 Room Hotel - Indian River
Drive and Schedule Public Hearing for June 26,
1991 (Staff Recommendation dated 6/6/91, Sullivan
Letter dated 5/24/91, P & Z Minutes 5/16/91)
Victor L. Smith - Review and Make Determination
on Appeal to P & Z Decision Re: Walkway Bridge
Over Swale (Staff Recommendation dated 6/6/91,
Smith Letter dated 4/11/91, P & Z Minutes 4/4/91,
City Engineer Memo dated 6/4/91)
MAYOR'S MATTERS
5
91.162
15.
16.
17.
18.
19.
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
A. Historic Preservation Grant-in-Aid Application -
Sebastian City Hall (Staff Recommendation dated
6/3/91, Hilton Memo dated 6/4/91, Grant
Application Package Under Separate Cover)
INTRODUCTION OF BUSINESS BY THE PUBLIC ("Non-Agenda
Items" Not Otherwise on the Agenda - By Resolution
No. R-89-30 Limit of Ten Minutes for Each Speaker)
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.)
ORDINANCE NO.: 0-91-16
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, RELATING TO BID,
PAYMENT AND PERFORMANCE BONDS; REQUIRING BID
BONDS FOR BIDS IN EXCESS OF $100,000;
PROVIDING FOR WAIVER OF CERTAIN BID BONDS FOR
GOOD CAUSE; REQUIRING PAYMENT AND PERFORMANCE
BONDS FOR CONTRACTS IN EXCESS OF $100,000;
PROVIDING FOR WAIVER OF CERTAIN PAYMENT AND
PERFORMANCE BONDS FOR GOOD CAUSE; PROVIDING
FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances of the City of Sebastian
currently provides that bid, payment and performance bonds may be
required at the discretion of the City Manager; and
WHEREAS, Florida general law requires bonds for contracts in
excess of $100,000 and provides that bonds for contracts with local
governments of less than $200,000 may be waived by local
governments; and
WHEREAS, the City Council for the City of Sebastian, Indian
River County, Florida, has determined that it is in the best
interests of the City of Sebastian to require bonds for bids and
contracts in excess of $100,000 and to provide for the waiver of
said bonds for bids or contracts which are more than $100,000 but
less than $200,000.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. Paragraph (b) of Section 2-64 of the Code of
Ordinances of the City of Sebastian, Florida, is hereby amended in
its entirety to provide as follows:
"(b) Bid bonds. Bid bonds shall be required
on ail bid~' of more than $100,000. The bid
bond required under this paragraph shall be
included in the bid specifications. Notwith-
standing the foregoing, the city council may,
upon written application made prior to the
time for submitting bids, for good cause
shown, waive the bid bond required hereunder
for bids of more than $100,000 but less than
$200,000. Unsuccessful bidders shall be
entitled to a return of surety after final
action. A successful bidder shall forfeit any
surety required hereunder upon failure on his
part to enter a contract within ten (10) days
after receipt of a proposed contract from the
city, unless such time period is extended by
the city."
Section 2. Paragraph (i) of Section 2-64 of the Code of
Ordinances of the City of Sebastian, Florida, is hereby amended in
its entirety to provide as follows:
"(l) Payment and performance bonds. Any
person entering in{O ~'formal c0ntr~'C~of more
than $100,000 with the city shall be required,
before commencing work under said contract, to
execute and deliver to the city a payment and
performance bond with a surety insurer
authorized to do business in the State of
Florida as surety and acceptable to the city.
The bond required under this paragraph shall
be included in the bid specifications.
Notwithstanding the fore-going, the city
council may, upon written application made
prior to the time for entering a contract, for
good cause shown, waive the payment and
performance bond required hereunder for
contracts of more than $100,e00 but less than
$200,000."
Section 3. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 4. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
2
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intention; and
the word "Ordinance'' may be changed to "Section," "Article" or
other appropriate designations.
Section 5. SEV~RABILITY. 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 such 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 Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
3
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1991.
ATTEST:
Kathryn M. O'Hallo~'an,
CMC/AAE, City Clerk
CITY OF SEBASTIAN, FLORIDA
W~.E. Conyers. ~or '
(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--ring this Ordinance was passed
by the City Council.
Kathryn M. 0'Ha~'lOran,
CMC/AAE, City Clerk
App~s to Form
~ ]'.es/iin Ns s/-~h,
City Attorney
and Content:
4
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589*5330 [] FAX (407) 589-5570
SUBJECT:
RESOLUTION R-91-20 STIPULATED
SETTLEMENT AGREEMENT WITH THE
DEPARTMENT OF COMMUNITY AFFAIRS
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin Community Development
)~
( BC ~
Date Submitted 6/O6/91
For Agenda Of
6/12/91
Exhibits:
Resolution R-91-20
Stipulated Settlement Agreement
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of May 8, 1991, the City Council approved the City
Attorney to draft a resolution to enter into the Stipulated Settlement
Agreement with the Department of Community Affairs to bring the City of
Sebastian's Comprehensive Plan into compliance. This agreement basically
requires the City to submit the proposed amendments (Ordinance 0-91-17) to
the Department of Community Affairs which, has been previously coordinated
with the City staff and Department of Community Affairs, (DCA).
RECOMMENDED ACTION
Move to approve Resolution R-91-20.
RESOLUTION NO. R-91-20
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR
AND THE CITY CLERK TO SIGN, ON BEHALF OF THE
CITY, A STIPULATED SETTLEMENT AGREEMENT WITH
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
(THE "DCA"), STIPULATING THE CONDITIONS FOR
SETTLING THE DISPUTE BETWEEN THE DCA AND THE
CITY OF SEBASTIAN WITH REGARD TO THE
COMPREHENSIVE PLAN ADOPTED BY THE CITY OF
SEBASTIAN BY ORDINANCE NO. 0-89-19 ON MARCH
28, 1990; 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 adopted a Comprehensive Plan
on March 28, 1990, by Ordinance No. 0-89-19; and
WHEREAS, the DCA has filed a Statement of Intention to find
the City's Comprehensive Plan not in compliance with State Statute
and the Florida Administrative Code; and
WHEREAS, the City and the DCA have engaged in lengthy
negotiations for the purpose of settling any and all disputes
between the City and the DCA with respect to the City's
Comprehensive Plan; and
WHEREAS, the City and the DCA have come to a formal agreement
with respect to amendments to the City's Comprehensive Plan which
will result in the DCA finding the City's Comprehensive Plan in
compliance with State Statute and Florida Administrative Code; and
WHEREAS, a Stipulated Settlement Agreement has been prepared
setting forth all requirements for amendments to the City's
Comprehensive Plan consistent with the agreement reached between
the City of Sebastian and the DCA; and
WHEREAS, the City Council has determined that entering into
the Stipulated Settlement Agreement with the DCA is in the best
interests
Stipulated
purpose.
of the people of the City of Sebastian and that the
Settlement Agreement shall serve a valid municipal
NOW, THEREFORE, BE IT RESOLVED BY THECiTY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AGREEMENT. The Mayor and the City Clerk of the
City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the Stipulated
Settlement Agreement (bearing DOAH Case No. 90-3609GM) between the
DCA and the City of Sebastian.
Section 2. CONFLICT. All resolutions or parts of resolutions
in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Resolution without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
2
The foregoing Resolution was moved for adoption by Councilman
. The motion was seconded by Councilman
and, upon being put into a vote, the vote
was as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
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'Hal~ran,
CMC/AAE, City Clerk
(SEAL)
Approved as to Form and Content:
charles ian N~Sh,
City Attorney
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE
DEPARTMENT OF COMMUNITY AFFAIRS, )
)
Petitioner, )
vs. ) DOAH
)
CITY OF SEBASTIAN, )
)
Respondent. )
)
CASE NO. 90~~
STIPULATED SET~bEMENT AGREEMENT
Petitioner Florida Department of Community Affairs
(Department) and Respondent Sebastian (City) hereby stipulate and
agree as follows:
1. Definitions.
GENERAL PROVISIONS
As used in this agreement, the following
words and phrases shall have the following meanings:
a. Act: The Local Government Comprehensive Planning
and Land Development Regulation Act, as codified in Part II,
Chapter 163, Florida Statutes (1987).
b. Aqreement: This stipulated settlement agreement.
c. ComDrehensive Plan or plan: City of Sebastian
Comprehensive Planning, as adopted by Ordinance No. 0-89-19 on
March 28, 1990.
d. DOAH: The Florida Division of Administrative
Hearings.
e. In compliance or into compliance: Consistent with
Sections 163.3177, 163.3178 and 163.3191, Florida Statutes,
Section 187.201, Florida Statutes, the applicable regional policy
plan, and Chapter 9J-5, Florida Administrative Code.
f. Notice: The notice of intent issued by the
Department to which was attached its statement of intent to find
the plan not in compliance.
g. Petition: The petition for administrative hearing
and relief filed by the Department in this case.
h. Remedial action: A remedial plan amendment,
submission of support document or other action described in the
statement of intent or this agreement as an action which must be
completed to bring the plan into compliance.
i. Remedial plan amendment: An amendment to the plan
or support document, the need for which is identified in
this agreement, including its exhibits, and which the City must
adopt to complete all remedial actions. Remedial plan amendments
adopted pursuant to this agreement must, in the opinion of the
Department, be consistent with and substantially similar in
concept and intent to the ones identified in this agreement or be
otherwise acceptable to the Department.
j. Statement Qf inten~: The statement of intent to
find the plan not in compliance issued by the Department in this
case.
k. SuD~ort document: The studies, inventory maps,
surveys, data, inventories, listings or analyses used to develop
and support the plan.
2
2. Entire aqreement. This is the entire agreement between
the parties and no verbal or written assurance or promise is
effective or binding unless included in this document.
3. ADDrovalb¥ qoverninq, bod¥. This agreement has been
approved by the City's governing body at a public hearing
advertised in a quarter-page advertisement published
approximately 14 days prior to the hearing in the manner
prescribed for advertisements in Section 163.3184(15) (c), F.S.
This agreement has been executed by the appropriate City officer
as provided in the city's charter or other regulations.
4. Chanqes in law. Nothing in this agreement shall be
construed to relieve either party from adhering to the law, and
in the event of a change in any statute or administrative
regulation inconsistent with this agreement, the statute or
regulation shall take precedence.
5. Other persons unaffected. Nothing in this agreement
shall be deemed to affect the rights of any person under the law
other than the parties.
6. Attorney fees and costs. Each party shall bear its own
costs, including attorney fees.
7. Public r~ords. The City shall allow public access to
all documents, reports, papers, letters or other material,
subject to the provision of Chapter 119, Florida Statutes,
prepared or received by the City in conjunction with this
agreement.
It is expressly understood that upon receipt of substantial
evidence of the City's refusal to comply with this provision,
the Department will have the right to terminate this agreement
for breach.
8. EffeQ~ive d~e. This agreement shall become effective
upon the last date of signing by the parties.
PART I
9. .~urDos9 of Part I. The parties enter into Part I of
this agreement in a spirit of cooperation for the purpose of
avoiding costly, lengthy and unnecessary litigation and in
recognition of the desire for the speedy and reasonable
resolution of disputes arising out of or related to the plan.
10. Demartmen~ powers. The Department is the state land
planning agency and has the power and duty to administer and
enforce the Act and to determine whether the plan is in
compliance.
11. Exhibits. Exhibits A and B are hereby incorporated by
reference. In the event of conflict between Exhibit A and
Exhibit B, the provisions of Exhibit B shall control.
12. AdoDtion..of D!an and SUDDOrt document. The City
provided the support documents and adopted the plan by ordinance
at a properly advertised public hearing held on March 28, 1990.
13. Review of D!an and fin~ing o~ noncompliance. After
reviewing the adopted plan the Department issued its notice and
statement of intent to find the plan not in compliance, and filed
the petition in this case to that effect.
4
14. Negotiation of aareement; intent. Subsequent to the
filing of the petition the parties conferred and agreed to
resolve the issues in the petition, notice and statement of
intent through this agreement. It is the intent of this
agreement to resolVe fully all issues between the parties in this
proceeding.
15. Dismissal recommendation. If the City completes the
remedial actions required by this agreement, including the
adoption of required plan amendments as set forth herein, the
Department shall request that the Administration Commission enter
an order dismissing this proceeding without imposing any sanction
that might otherwise be imposed under the Act. Thereafter, the
Department shall take every action necessary to effectuate this
paragraph.
16. Eilinq and continua~Q~. This agreement shall be filed
with DOAH by the Department after execution by the parties and
shall constitute a joint request that DOAH continue this
proceeding for a time sufficient to allow the parties to complete
their responsibilities under the agreement. However, the
Department may request DOAH to schedule a hearing of this
proceeding at an earlier time, as provided in this agreement.
17. Retention of riqht to final hearinq. Both parties
hereby retain the right to have a final hearing in this
proceeding and nothing in this agreement shall be deemed a waiver
of such right.
5
18. Description o~..provSsions ..hot in complianc~.and
remedial ac~ion~.; legal effect of agreement. Exhibit A to this
agreement is the statement of intent and contains a description
of the plan provisions found not in compliance by the Department
and remedial action needed to bring the plan into compliance. It
also constitutes an admission and stipulation by the Department
that if the described remedial actions are accomplished the plan
will be in compliance. Exhibit B contains additional detail
regarding some provisions not in compliance and remedial actions
needed for compliance. In the event of a conflict between
Exhibit A and Exhibit B, the provisions in Exhibit B shall
control.
19. Remedial actions to be considered for..~doption. The
City agrees to consider for adoption by formal action of its
governing body all remedial actions described in Exhibit A (as
modified by Exhibit B) no later than the time period provided for
in this agreement.
20. ~ransmittal hearinq for remedial actions. Within 60
days after the effective date of this agreement the City shall
deliver to the Department, after a transmittal public hearing
pursuant to Section 163.3184(3) of the Act, all remedial actions,
including all remedial plan amendments and support documents,
along with a transmittal letter describing the remedial action
taken for each part of the plan amended, including references to
specific portions and pages.
6
21. Review of transmittal. The Department shall provide
the city with its objections, recommendations and comments on the
remedial amendments and support documents in the manner provided
in Chapter 9J-11, Florida Administrative Code, and Subsections
163.3184(3)-(7), Florida Statutes. If the city fails to deliver
or rejects any remedial plan amendment or support document
described in Exhibit A or Exhibit B, the Department may move for
a final hearing for this proceeding as provided in Paragraph 19
above.
22. AdoDtion or approval of remedial plan amendments.
Within 60 days after receipt of the Department's objections,
recommendations and comments, the City shall consider for
adoption all remedial plan amendments and amendments to the
support document, and deliver the amendments and a transmittal
letter to the Department as provided in Subsection 163.3184(7),
Florida Statutes, and Rule 9J-11.011(3), F.A.C. The letter shall
describe the remedial action adopted for each part of the plan
amended, including references to specific portions and pages.
23. Review of adoptio~.s.....~.~ notice of intent. Within 45
days after receipt of the adopted remedial plan amendments and
support documents, the Department shall issue a notice of intent
pursuant to Section 163.3184, Florida Statutes, for the adopted
amendments in accordance with this agreement.
a. In comDliance: If the adopted remedial actions
are consistent with the recommendations in Exhibit A or Exhibit
B, the Department shall find the plan amendments in compliance
and shall request that DOAH relinquish jurisdiction and join the
Department in requesting that the Administration Commission adopt
a final order dismissing this proceeding and finding the plan, as
amended, in compliance.
b. Not in ~.Qmpliance: If the remedial actions are
not adopted, or if the Department determines they are not
consistent with and substantially similar to the recommendations
in Exhibit A or Exhibit B, the Department shall issue a notice of
intent to find the plan amendments not in compliance and shall
forward the notice to DOAH for a hearing as provided in
Subsection 163.3184(10), Florida Statutes, and may request that
the matter be consolidated with the pending proceeding for a
single, final hearing. The parties hereby stipulate to that
consolidation and to the setting of a single, final hearing if
the Department so requests. The Department may also move for a
final hearing of this proceeding as provided in Paragraph 17
above.
24. Concurrent amendment. Nothing in this agreement shall
be construed to prohibit the amendment of the plan concurrent
with the adoption of this agreement.
Part II
25. PurpQ~ of Part I~. The parties enter into Part II of
this agreement to provide funding to assist the City to
undertake the remedial actions necessary to bring the adopted
8
plan submitted pursuant to Subsection 163.3167(2), F.S. and
Chapter 9J-12, F.A.C. into compliance.
26. Liability. To the extent of funds received under this
agreement, the City hereby agrees to hold harmless the
Department, to the extent allowed by law, from all claims,
demands, liabilities and suits of third persons or entities not a
party to this agreement arising out of, or due to any act,
occurrence, or omission of the City, its subcontractors or
agents, if any, that is related to the City's performance under
this agreement.
27. Availability of Funds. Payment of state funds pursuant
to this agreement is subject to and conditioned upon the total
release of authorized appropriations from the Local Government
Comprehensive Planning Assistance Program provided by law. The
State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the
Legislature as noted in Section 287.0582, Florida Statutes.
28. Consideration.
a. As consideration for work performed under this
agreement, the Department agrees to pay a fixed fee of up to
$10,000. Payment will be based on the payment schedule and
other conditions contained in paragraph 29 below.
b. Use of Funds: Funds may not be used for the
purchase of equipment, fixtures, or other tangible property of a
nonconsumable and nonexpendable nature with an expected useful
life which exceeds the duration of this contract.
Funds may also not be used for attorney fees unrelated to this
agreement.
29. Me~bo~....ofPaYm~ent.
Deliverable Due Date Paymen~
Proposed remedial action
No later than 60
days after execution
of agreement
$5,000
Adopted remedial action
No later than time
frames specified in
s. 163.3184(7), F.S.
for transmittal of
adopted plan amendments
$5,000
Total $10,000
The first payment will be made by the Department after
timely receipt of the deliverable which will be verified by the
Department to include all required proposed remedial actions. If
the transmitted remedial actions are not received in accordance
with the schedule in this agreement, or if the Department in its
discretion determines that the transmitted remedial actions are
inconsistent with this agreement, the first payment shall not be
made. The final payment will be made after receipt of the
adopted remedial actions and issuance by the Department of a
Notice of Intent to find the plan in compliance. If the adopted
remedial actions are not received in accordance with the schedule
in this agreement, or if the Department determines that the
adopted remedial actions are not in compliance, the final payment
shall not be made and the City shall refund the first payment to
the Department within 30 days after issuance of the Notice of
Intent.
10
30. Audit Requirements.
a. The City agrees to maintain adequate financial
procedures and adequate support documents to account for the
expenditures of funds under Part II of this agreement.
b. These records shall be available at all reasonable
times for inspection, review, or audit by state personnel and
other personnel duly authorized by the Department. "Reasonable"
shall be construed according to circumstances, but ordinarily
shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local
time, Monday through Friday.
c. The city shall also provide the Department with
the records, reports or financial statements upon request for the
purposes of auditing and monitoring the funds awarded under Part
II of this agreement.
d. The city shall include an accounting of these
funds under Part II of this agreement in the local audit prepared
by the City of the 1989-90 and 1990-91 fiscal years.
e. In the event the audit shows that all or a portion
of the funds provided under Part II, were not spent in accordance
with Chapter 9J-26, Florida Administrative Code, and the
conditions of this agreement, the City shall be held liable for
repayment to the Department of all funds not spent in accordance
with these applicable regulations and agreement provisions
within thirty (30) days after the Department has notified the
City of such noncompliance.
11
f. The City shall retain all financial records,
supporting documents, statistical records, and any other
documents pertinent to Part II of this agreement for a period of
three years after the date of submission of the final
expenditures report or, if an audit has been initiated and audit
findings have not been resolved at the end of three years, the
records shall be retained until resolution of the audit findings.
31. Modification of Part II. Either party may request
modification of the provisions of Part II of this agreement.
Changes which are mutually agreed upon shall be made by written
correspondence from the Department, by the parties and
incorporated as part of this agreement.
This agreement contains all the terms and conditions agreed
to by the parties.
12
In witness whereof, the parties hereto have caused this
agreement to be executed by their undersigned officials as duly
authorized.
DEPARTMENT OF COMMUNITY
AFFAIRS
CITY OF SEBASTIAN
Thomas G. Pelham
Secretary
Date Date
Attest:
City Clerk
Assistant General Counsel
City Attorney
~3
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SUBJECT:
ORDINANCE 0-91-17 TRANSMITTAL
COMPREHENSIVE PLAN AMENDMENTS
Approved For Submittal BY:
City Manager
OF
)
)
)
)
)
)
)
)
)
)
)
)
Dept. Origin ~ ~
Date Submitted __6/06/91
For Agenda Of 6/12/91
ExhibitS=
Ordinance 0-91-17
Exhibit · from the Stipulated
Settlement Agreement
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of May 8, 1991, the City Council authorized the
City Attorney to draft an ordinance to transmit the proposed amendments of
the Comprehensive Plan in order for the City of Sebastian to be found in
compliance from the Department of Community Affairs. Exhibit B which is
enclosed in your packet, indicates the proposed amendments to the
Comprehensive Plan that staff has coordinated with the Department of
Community Affairs pursuant to the Stipulated Settlement Agreement. All
language shaded within Exhibit B indicates the proposed amendments and any
existing language with lines through that language is being deleted.
RECOMMEND ACTION
Move to approve first reading of Ordinance 0-91-17 and transmit proposed
amendments to the Department of community Affairs.
NOTEz The Mayor should announce at this public hearing the City Council's
intention to hold and advertise a second public hearing after the
City has received comments from the Department of Community
Affairs.
ORDINANCE NO .: O- 91-17
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO A CHA/~GE
IN THE'COMPREHENSIVE LAND USE PLAN; AMENDING
THE COMPREHENSIVE LAND USE PLAN IN COMPLIANCE
WITH THE STIPULATED SETTLEMENT AGREEMENT
ENTERED INT0 BETWEEN THE CITY OF SEBASTIANAND
THE DEPARTMENT OF COMMUNITY AFFAIRS ON
JUNE 12, 1991; PROVIDING THAT A COPY OF THE
PROPOSED COMPREHENSIVE PLAN AMENDMENT BE
TRANSMITTED TO THE 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, the City of Sebastian has reviewed the State
Department of Community Affairs ("DCA") Notice of Intent to find
the City of Sebastian's Comprehensive Plan not in compliance; and
WHEREAS, the City of Sebastian has cooperated with the DCA
staff in preparing proposed amendments to the City's Comprehensive
Plan in order to achieve a compliance status; and
WHEREAS, the City has entered into a Stipulated Settlement
Agreement with the DCA which incorporates the City's proposed
amendments to the Comprehensive Plan; and
WHEREAS, on April 18, 1991, the Planning and Zoning Commission
conducted a public hearing on the proposed amendments to the
Comprehensive Plan as set forth in the Stipulated Settlement
Agreement 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 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 proposed
changes in the City's Comprehensive Land Use Plan, as set forth in
the Stipulated Settlement Agreement, is consistent with the future
development of the City of Sebastian.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. AFFECTED PROPERTY. The entirety of the City of
Sebastian shall be affected by the amendments to the Comprehensive
Plan adopted by this Ordinance. The specific changes to the
Comprehensive Land Use Plan are set forth in their entirety and are
attached as Exhibit "A" to this Ordinance and incorporated herein
by this reference.
Section 2. DESIGNATION. The changes to the Comprehensive
Land Use Plan do not require a change to the Comprehensive Land Use
Plan Map for the City of Sebastian.
Section 3. NOTIFICATION. The City Clerk shall transmit a
certified copy of the amendments to the Comprehensive Land Use Plan
to the Florida Department of Community Affairs within sixty (60)
days of the adoption of this Ordinance.
Section 4. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 5. SEVERABiLITY. In the event a court of competent
2
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 such 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 Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this
day of , 1991.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
W.E. Conyers, Mayor
Kathryn M. O'~alloran,
CMC/AAE, City Clerk
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as required
by State Statute, that 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"Ordinah'ce at 7:00
p.m. on the day of 1991, and that
following the second public hearin~ this O~dina~ce was passed by
the City Council.
Kathryn M. O'Hal~'~ran,
CMC/AAE, City Clerk
Approved as to Form and Content:
Charles Ian Na'sh,
City Attorney
4
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ri FAX (407) 589-5570
SUBJECT: ~uZy 3rd Workshop
Approved For Submittal By:
City Manager
Dept. of Origin= City Manager
Date Submitted: 06/06/91
For Agenda Of:
Exhibits: -
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The July City Council Workshop Meeting is scheduled one (1) day
before a City holiday, Independence Day. To date, no agenda
items have been filed for this meeting.
RECOMMENDED ACTION
Move to cancel the Regular Workshop Meeting of July 3, 1991.
c . /15'7
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Fourth of July
Festival
Approved For Submittal By:
City Manager
Dept. of Origin: City Manager
Date S~bmltted: 06/06/91
For Agenda Of: 06/12/91
Exhibits: - John Beams Ltr.
dated June 4, 1991
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED
APPROPRIATION
REQUIRED:
SUMMARY BTATEME~
The Fourth of July Committee has requested the city to close
certain streets and city owned facilities for the annual Fourth
of July festival. Their request is detailed in John Beams'
letter dated June 4, 1991. The letter requests that the parking
lot at the Sebastian Yacht Club be closed from midnight July 2nd
to midnight July 4th. The committee is concerned that vehicles
may be parked in the lot on July 3rd and remain there through
July 4th. Otherwise, the committee has not scheduled activities
for July 3rd in the yacht club parking lot. in years past, the
City has successfully posted the closing for July 4th.
Therefore, I am recommending that the parking lot remain open for
July 3rd but closed at 1:00 a.m. on July 4th.
~ECOMMENDED ACTION
Move to approve the request of the Fourth of July Committee to
close the following streets from 6:00 a.m. to 12:00 midnight on
Thursday July 4th: Cleveland Street, Coolidge Street, Fellsmere
Road from US#i to Indian River Drive and Harrison Street.
Further, the Fourth of July Committee's request to use the
Community Center from 8:00 a.m. through 12:00 noon on July 4th
and to close Main Street from US#i to indian River Drive from
5:00 p.m. to 11:00 p.m. for a Teen Center Dance also be granted.
Finally, that the Yacht Club parking lot be closed from 1:00 a.m.
July 4th to midnight July 4th.
June 4, 1991
Sebastian City Council
Main Street
Sebastian, Fl., 32958
Re: Fourth of July Festival
Dear Council Members,
This letter will confirm our request for closing of
the following streets from 6 a.m. to 12 Midnight on
Thursday, July 4th:
7, Cleveland St.
2. Coolidge St.
3. Fellsmere Rd - U.S. #I to Indian River Dr.
4. Harrison St.
We are also requesting the use of the following:
1. The Sebastian Yacht Club and parking lot closed
from Midnight July 2nd. to Midnight July 4th.
2. The Sebastian Community Center from 8 a.m.
thru 72 Noon on July 4th.
3. Main Street closed '(from U.S. #I to Indian
River Drive) from 5 p.m. 11 p.m. for a Teen Center Dance.
Your confirmation in writing as soon as possible will be
greatly appreciated.
T~h~a~I you very much./~
John Beams; ChaPman
ehp
For the record.
Copies: Mayor Conyers, Sebastian Police Dept.
732 Cleveland Street, Apt. A-4 · Sebastian, Florida 32958 · (407) 589-3728
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
THE WAIVER OF BUILDING PERMIT
FEES FOR CHURCH OF THE NAZARENE
RECTORY
Approved For Submittal By:
City Manager~'/~~'~
Agenda No.
Dept. Origin Community Development
I.c
Date Submitted 6/O6/91
For Agenda Of
6/12/91
Exhibits:
Letter dated May 21, 1991 from
Pastor Ed Eby
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED~
SUMMARY STATEMENT
Pastor Ed Eby is requesting the City Council to waive the building permit
fees for the proposed parsonage (rectory). If the City Council does
decide to waive the permit fees for the building permit, this will not
release any obligation that the church will have regarding the impact fees
for the Indian River County transportation fund.
RECOMMENDED ACTION
Move to approve the request to waive all permit fees for the building of
the Church of the Nazarene's rectory.
SEBASTIAN FIRST
CHURCH OF THE NAZARENE
Nay 21, 1991
Sebastian City Council
City Hall
Sebastian, FL 32958
Dear Sirs:
This letter is to request a waiver of permit fees for the
parsonage (rectory) we are building for our church, We have been
informed that this is a customary consideration for churches,
Thank you for your consideration in this matter.
any questions, please do not hesitate to call.
you have
Very truly yours,
Pastor Ed Eby
PASTOR - Ed Eby · 50 S. Wimbrow, Sobastian, Fi 32958 · (407) 589-4935
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) ,589-5570
SUBJECT, REQUEST TO REMOVE
SPECIMEN TREE FROM BURGOON BERGER
CONSTRUCTION CORPORATION
Approved For Submittal By:
City Manager ~/~
)
) Dept. Origin Community Development //
)
) Date Submitted 6~06/91
)
) For Agenda Of 6/12/91
)
) Exhibits:
) Application for tree removal
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Pursuant to the City Council's direction at its regular meeting of May 22,
1991, the City of Sebastian Building Department requires a tree removal
permit to be obtained prior to clearing of any lots. The applicant,
Burgoon Berger Construction Corporation, is requesting to construct a
single family residence on Lot 11, Block 179, Sebastian Highlands Unit #8.
The construction will necessiate the removal of four (4) palm trees over
20 inches in diameter due to the proposed building location. I have
talked with the contractor and they have indicated that the owner wishes
to remove these specimen trees from the property.
RECOMMENDED ACTION
Move to approve the removal of the specimen trees.
CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND
REMOVAL AND/OR RELOCATION OF TREES
STREET ADDRESS: ~&~ ,
REASON FOR 'THE PERMIT:
I certify that all the foregoing information is accurate and
that all work will be done in compliance with the Land
Development Code ( Article XIV )
Signature
APPLICATION MUST INCLUDE:
1. On a survey, locate all specimen trees (20 inch
diameter or more), indicate which trees to be
removed and/or relocated. Indicate the species of
each tree. All specimen trees (20 inch diameter or
more) to be removed or relocated must obtain the
approval of the Sebastian City Council. A survey
indicating all improvements must be submitted in
relation to the removal of the specimen trees.
2; Applicant must tag all specimen trees with a bright
ribbon around the tree approximately 6 feet above
the grade.
~d,~,Of~) ~_-.5'"7~ office Use Only
"
S TE INSPECTIO, BY: DA , . .
APPROVED FOR PERMIT: YES: NO:
MUST OBTAIN CITY COUNCIL APPROVAl,: YES: ~7 NO:
IF YES, DATE OF CITY COUNCIL APPROVAL:
E D
,],a red fl:om
mea su~:.le n t: s.
-of Way J
I) I,'] .q C R I P T 11 0 N
i.-/9, Sebastian }Iighlands Un_it
) the Plat thereof, as recorded
Pap..e 1.3, of the Pub'lie Recr)rri.~
I,OT CON'L'A]'N.*i; 9996 O0 SCl~ar(:. t.(..~
~)l- 0.23 ;~ (: l.' (: :; f, or(~ or ].esr¢.
.ULJt{VEYOI,~'S NO'.L'I:]S:
City of Sebastian
POST OFFICE BOX 780127 E] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 rJ FAX (407) 589-5570
SUBJECT= Traffic circulation
Plan
&pproved For Submittal By=
City Manager
Dept. of Origin~ city Manager
Date Submitted= 06/06/91
For Agenda Of= 06/12/91
Exhibits= - Pages 2-1~
2-10 Comp Plan
EXPENDITURE
REQUIRED=
AMOUNT
BUD~ETED~
APPROPRIATION
REQUIRED=
SUMMARY STATEMENT
The city Comprehensive Plan requires that an engineered master
plan for a major thoroughfare system be completed by 1994. The
Study will provide an analysis of future major and minor
collector street improvement needs. The Comprehensive Plan
details the items which would be included in a traffic
circulation plan. The current City budget provides $50,000 for
this traffic circulation study. However, on March 13, 1991, the
City Council adopted a staff recommendation which would
reallocate those funds for bridge repairs, bike path, and
engineering for Louisiana Avenue. However, the city could select
an engineering consultant as required by Chapter 287 FS,
negotiate a contract with that consultant and amend the budget
for that portion of the work completed in this fiscal year.
RECOMMENDED ACTION
Move to direct staff to proceed with the engagement of a
consulting engineer to perform a traffic circulation study as
mandated by the City Comprehensive Plan.
CHAPTER 2: TRAFFIC CIRCULATION
(reference §9J-5.007(3), F.A.C.)
§2-1 TRAFFIC CIRCULATION GOALS, OBJECTIVES, AND IMPLEMENTING POLICIES. This
section stipulates goals, objectives, and implementing policies for the Traffic
Circulation Element pursuant to ¶163.3177(6)(b), F.S___~., and §9J-5.007(3), F.A.C..
GOAL 2-1: TRAFFIC CIRCULATION. PLAN FOR A SAFE, CONVENIENT, AND EFFICIENT
MOTORIZED AND NoN'MOTORiZED TRANSPORTATION SYSTEM WHICH SHALL BE AVAILABLE FOR
EXISTING AND ANTICIPATED FUTURE USERS OF THE SYSTEM.
OBJECTIVE 2-1.1: SAFE, CONVENIENT, AND EFFICIENT TRANSPORTATION SYSTEM.
Establish a safe, convenient, a'~ effic'~ent mOtori£6d and non-mo{orize~ trans-
portation system through development and implementation of level of service
(LOS) standards.
Policy 2-1.1.1: Level of Service Standards.
following LOS standards:
The City hereby adopts the
Roadway Facilitx
Arterials
Minimum LOS Standard
.... Peak i~Ouf*
U.S. Highway 1 C
Major Collectors
CR 512 (Fellsmere Highway)
CR 505 (Roseland Road)
Minor Collector
No Roads Classified
Local
All roads not classified as arterials or collectors. D
The peak hours shall be the 30th highest hour established by FDOT.
Policy 2-1.1.2: E~ineered Master Plan for Major Thoroughfare System. The
population of th~'City ls"anii~'pa~ed to su~'stahtlally increase by Ye~ 2010.
The City has no traffic network counts for traffic volumes, turning movements or
vehicle classification volumes for local roadways and for many links along
collectors and arterials. This data base is imperative for a credible analysis
of future major and minor collector street improvement needs. Therefore, the
City has determined that an engineered master plan for future transportation
needs is required by the year 1994 in order to establish an accurate assessment
of future transportation improvement needs.
By 1994 the City shall prepare and adopt an engineered master plan for the
City's major thoroughfare system as recommended in the traffic circulation data
2-
inventory and analysis section of the Comprehensive Plan: Data Inventory and
Analysis. The engineered master plan shall: '
o Analyze significant (major) local streets, as defined in the traffic
circulation data inventory and analysis section.
o Analyze links along collectors and arterials not adequately analyzed in the
Indian River County'Comprehensive Plan.
o Describe and quantify projected distribution and volumes of traffic assign-
ments on the system based on the Future Land Use Map;
o Compare projected traffic volumes to link capacities;
o Establish projected volume to capacity ratios for major linkages and
intersections;
Identify design' capacities and future surplus/deficiencies for roadway
linkages and intersections based on adopted levels of service standards;
Recommend needed new facilities and/or improvements to the existing system
required to maintain adopted levels of service standards and provide safe
and efficient operating conditions on the roadway network. These recom-
mended system improvements shall be incorporated in a table which shall
include:
O0
Oo
O0
Project descriptions for each recommended improvement;
Timing of respective improvements;
Estimated costs of each projects; and
Anticipated sources for funding each project.
Finally, the study shall provide a recommended fiscal management strategy for
funding the system improvements, including use of:
Impact fees;
Gas tax revenues;
Local option sales tax; or
Other feasible infrastructure financing programs which may be available to
the City of Sebastian.
Policy 2-1.1.3: Criteria for Evaluating Proposed Roadway improvement.
Futur~ roadway improvement proposals shall be ~valuated'"'andlassign'ed a r~'l~t~e
priority based on specific criteria below cited:
Whether the project is needed to:
o Protect public health and safety~
o Fulfill the City's legal commitment to provide facilities and servi-
ces; or
o Preserve or achieve full use of existing facilities.
Whether the project:
o Increases efficiency of use of existing facilities;
o Prevents or reduces future improvement cost;
o Provioes service to developed areas lacking full service; or
o Promotes in-fill development.
ImLANNIN~G CON,~UL~'ANI'$
2-2
Policy 2-1.1.4: Review of Proposed Developments. The City shall review
Ill proposed d~velopment for consistency with adopted LOS standards. No devel-
opment shall be approved that is projected to generate a traffic volume which
~ould decrease the existing LOS below the adopted standard.
Policy 2-1.1.5: Assessments in New Developments. The City shall consider
adopting 'a City impact fee ordinance which assesses new developments an equita-
ble pro rata share of the costs to provide City roadway improvements required to
service the traffic needs generated by new development.
Poli. cy 2-1.1.6: Adequate Facilities Ordinance. The City shall amend the
_and Development Code to require Ghat physical improvements required to provide
adequate roadway capacity be in place prior to the issuance of a certificate of
occupancy. In addition, prior to approval of a site plan the developer/
applicant shall demonstrate to the City's satisfaction that required on- and
off-site roadway and traffic improvements shall be in place concurrent with the
impacts of development. Also, the developer shall demonstrate to the City's
satisfaction that the proposed development shall not cause the level of service
on adjacent public roads to decline below an annual average peak hour LOS C for
principal arterials and LOS D for collectors and local roads.
Policy 2-1.1.7: On-Site Transportation Improvements and Safe Traffic Flow.
The City shall-enforce existing development regulations, §20A-~.2(c,D'), which
require that all developments provide safe and convenient on-site traffic flow
considering motorized and non-motorized vehicle parking and internal circulation
needs.
Policy 2-1.1.8: Controlled Access. In addition to the existing ordinance
regulati~'g off~"~tree{ parking and '~urb cut controls along CR 512, the City shall
adopt land development regulations which incorporate standards for:
Controlling connections and access points of driveways and roadways to
existing roadways;
Preventing conflicts between vehicular, pedestrian and rail traffic; and
Providing a traffic circulation system which is designed to accommodate the
demands of emergency service delivery systems.
OBJECTIVE 2-1.2: RIGHT-OF-WAY ACQUISITION. The City shall protect existing and
future right-of-way"F'rom bui'lding encroachment. By 1994, additional transporta-
tion system right-of-way acquisition needs shall be identified and relative
priorities for land acquisition shall be established based on the proposed
engineered master plan for .transportation improvements, as cited in
Policy 2-1.1.2.
Policy 2-1.2.1: Traffic Circulation Map. The City hereby adopts the
~uture Traffic Circulation System Map incorporated herein as Map II-1.
~dditional right-of-way (R/W) needs for future roadway and drainage improvements
shall be identified based on an assessment to be completed by 1994. The
findings regarding specific additional R/W needs for roadway and drainage
~acility improvements shall be incorporated as an amendment to §2-1.3.3 "Network
Improvement Needs". The City shall develop a program for reserving
~ights-of-way pursuant to § 337.'2735 F.__~S.
Policy 2-1.2.2: Standards For Road R~ Acqui.si.tion. The City hereby
~dopts the following minimum standards for road rightS-of-way:
FUTURE TRAFFIC CIRCULATION SYSTEM
Street
Airport'
,%
Compiled b~: Clt2 of
LEGEND
PA
c
I I II II I I
I III IIIIIII IIII1!
SCALE
MILE
To
C,R. 510
$lblst$1n and
-.-~-- F£C Rallrold
· ,,,,,,,Ctty
No Urn~ed A~xfli Fmoili'de~ Trm4ne 'i~h ~ ~
~KJrM: FDOT Func~or~ C~i~f~mt~n Sy~em (1988)
DATE: I~rcho 1988
II I
2-4
Arterial Roadways:
Collector Streets:
Major
Minor
Local Streets:
120'-150' R/W
80' R/W
6O' R/W
60' R/W (if swale drainage)
50' R/W (if curb and gutter)
The City shall preserve existing rights-of-way and shall enforce standards
requiring dedication of roadways for which the need is generated by new develop-
ment. The City shall work with the County and FDOT to acquire right-of-way
where the master traffic circulation study identifies existing or projected
future deficiencies.
Policy 2-1.2.3: Mandatory R/W Dedication/Fees in Lieu. The City shall
implement a program for mandatory d~d~'cation ~f fee~ in lieu thereof as a
condition of development approval associated with plats, replats, PUDs, or site
plans where such developments generate a need for new or improved roadways. The
purpose and intent of such program shall be to assure that: 1) adequate road
R/W and necessary roadway improvements are dedicated and developed concurrent
with the impacts of new development; and 2) the cost of such improvements shall
be borne by the developer generating the need for the facilities.
OBJECTIVE 2-1.3: FUTURE ROADWAY iMPROVEMENTS. The City shall coordinate with
the FDOT and with India~-Ri~er'County to attain improvements to State and County
roadways required to accommodate future traffic circulation system demands
through the short (1995) and long term (2010) timeframe.
Policy 2-1.3.1: Specific FDOT Planned Roadway Improvements No FDOT
traffic circulation improvements axe scheduled for the City of Sebastian within
the FDOT 5-Year Road Improvement Program. The FDOT has determined that insuf-
ficient right-of-way exists for a four-lane expressway on U.S. 1 with a parallel
road to provide access to existing establishments. The City of Sebastian shall
coordinate with FDOT to protect the U.S. I R/W. In addition, the City shall
coordinate with Indian River County in identifying methods for directing County
impact fees to pay for necessary widening of the U.S. 1 corridor.
Policy 2-1.3.2: Specific Indian River County Planned Roadway Improvements.
The City sh~i'l Provide neEessary C06rdin~tion in ac"hleving" Planne~ Indian River
County improvements to the following roadways:
1995
C.R. 512 (from U.S. 1 to C.R. 505) -- Four lane construction and
intersection improvements. County project: $6 mil.
Engineered Master Plan for Major Thoroughfare System. City project:
$80,000 (i.e. $40,000 1992-93; $40,000 1993-94).
2010
~ Schumann Drive (intersection at U.S. 1) -- add east-bound right turn
lane. County project: $15,000.
Policy 2-1.3.3: Specific Sebastian Planned Roadway Improvements. The City
shall provide dev~iopment review and permitting coordina~o'h with developers in
achieving planned improvements to the following local roadways:
2-5
Easy Street (from C.R. 512 to Schumann Drive) -- resurfaced, widened,
and two-lane extension to Schumann Drive. (To be improved by General
Development Corp.}
Laconia Street {Intersection with C.R. 512) -- Realign with C.R. 512.
{To be improved by area condition to a PUD approval)
Policy 2-1.3.4:
.... Other Potential Local and Collector Roadway Improvements
to be Evaluated. The City of ~ebas~an s~ll amend-'the Capital Improvement
Schedule ..... ~'{hin (6} months after the completion and adoption of the
Transportation Improvement Feasibility and Prioritization Study to incorporate
improvements to local roadways as recommended in the study. Potential road
improvements which shall be evaluated in the engineered major thoroughfare plan
shall include, but are not limited to, those potential improvements listed in
Table II-1 of this section.
OBJECTIVE 2-1.4: FACILITIES FOR BICYCLE AND PEDESTRIAN WAYS.
analyze the feasibility for bicycle and pedestrian ways
transportation facilities.
The City shall
in planning for
Policy 2-1.4.1: P1Q~ning for BicYCle and Pedestrian Ways. The City shall
by 1992 prepare a plan for deVeloping bicYcle and I"~edestrian IWays which connect
residential areas to recreational areas and major activity centers. The plan
shall include programs for implementation and anticipated funding sources and
shall be consistent with roadway improvement plans identified in the engineered
transportation master plan.
Polic~ 2-1.4.2: Bicy~Qland Pedestrian Facilities RgRuired for New Devel-
opment. The City's land development regulations shall incorporate provisions
requiring that new subdivisions, replats, planned unit developments, and site
plans accommodate bicycle and pedestrian traffic needs. Similarly, multiple
family residences as well as shopping facilities, recreational areas, schools,
and other public uses shall provide storage areas for bicycles.
Policy 2-1.4.3: Abandoned Railroad Rights-of-Way. The City shall consider
the Purchase 6~ abandoned ~iiroad rights-Of'Way ~6r conversion to bicycle/
pedestrian pathways, and shall coordinate with the State's Rails-to-Trails
program in order to apply for State funding allocated to local governments for
such land purchase.
OBJECTIVE 2-1.5: COORDINATING TRAFFIC CIRCULATION PLANNING. The City shall
coordinate traffic cifc6lation system Planning with the plans and programs of
Indian River County, the FDOTCouncF]Ve ~5) Yea~.j. Transportation Plan, and the
Treasure Coast Regional Planning il (TCRPC)"
~1..5.1: Implementing Traffic Circulation Plannin9 and Coordina-
tion.~y ~ali initiate reci~FoEal review Of pres6nt and f~t6re traffi~
c-TFEulation plans and programs of FDOT, Indian River County, Indian River
Council on Aging, and the Treasure Coast Regional Planning Council as
appropriate in order to establish consistency in areawide traffic circulation
planning.
2~6
TABLE II-1
POTENTIAL LOCAL ROAD IMPROVEMENTS
City of Sebastian
Page 1 of 3
Local Street System
Potential Improvements
(1) EasY Street
As stated in the data inventory, in the future
South Easy Street shall be resurfaced, and
extended south to Schumann Drive by the General
Development Corporation. This improvement will
provide more efficient north-south linkage
connecting Schumann Drive, C.R. 512, and Main
Street.
In addition, the Saint Sebastian PUD agreement
includes a north extension connecting Easy Street
with the proposed segment of Davis Street to C.R.
to C.R. 505 (Roseland Road). This extension of
Easy Street will provide a connection with the
northernmost proposed east-west collector street
in the City of Sebastian. Any existing or
revised plans for the Saint Sebastian property
should continue to incorporate this improvement.
(2) Vocelle Avenue
Vocelle Avenue is emerging as an importan~ east-
west linkage which currently connects C.R. 505
(Roseland Road) with C.R. 512. With the proposed
commercial development of the Chesser Gap site at
the intersection of Vocelle Avenue and C.R. 512,
traffic patterns within the area will change
significantly generating higher volumes along the
Vocelle Avenue corridor. This has been
resurfaced. In addition, the programmed traffic
study should analyze the feasibility of an
eastward extension to U.S. 1. This improvement
would provide a direct east-west linkage
connecting U.S. 1, South Easy Street, C.R. 512,
North Barber Street, and C.R. 505 (Roseland
Road).
(3) Wimbrow Drive
The Wimbrow Drive corridor requires resurfacing.
In addition, the eastern segment of the South
Wimbrow Drive corridor should be improved to tie
into the proposed south extension of Gibson
Street, at C.R. 512. This improvement would
provide substantially enhanced north-south
access. The improved corridor would service not
only the north-east Sebastian Highlands but also
underdeveloped areas within the north-east
portion of the City, including future commercial
development in the vicinity of Main Street.
2-7
TABLE II-1
POTENTIAL LOCAL ROAD IMPROVEMENTS
City of Sebastian
Page 2 of 3
Local Street Sys%q~
(4) Laconia Street
(5) Louisiana Avenue
(6) Proposed Gibson
Street Extensi"on
(7) Proposed Orange
Avenue Extension
Potential Improvements
The Laconia Street intersection with C.R. 512
shall be realigned and improved to tie into C.R.
505 (Roseland Road) as part of an agreed upon
improvement stipulated in the Sebastian Lakes
Land Unit Development Agreement.
The current plan for Louisiana Avenue will
require that Louisiana be widened with additional
right-of-way acquisition necessitated. The
segment of Louisiana Avenue between Main Street
and C.R. 512 serves as an important link between
these two roads. The narrow pavement and right-
of-way should be improved in order to provide
adequate service for future traffic needs.
The Gibson Street corridor is recommended to be
extended south to Main Street just west of the
City Hall complex. This proposed corridor would
then be aligned to provide north/south linkage
between Main Street and C.R. 512 at the
intersection of C.R. 512 and the easternmost leg
of South Wimbrow Drive.
The proposed corridor would provide access to
major undeveloped areas north of C.R. 512 and
further north of Main Street, as well as safe and
adequate collector service for north-south
traffic in this older section of Sebastian.
Orange Avenue is proposed as a minor collector
street servicing the residential area north of
Sebastian Elementary School. Under this
proposal, Orange Avenue would be extended
eastward to tie in with the proposed south
extension of Gibson Street. This improvement
would substantially enhance east-west traffic
flow and substantially enhance accessibility to
residential areas north of the Sebastian
Elementary School.
2-8
TABLE II-1
POTENTIAL LOCAL ROAD IMPROVEMENTS
City of Sebastian
Page 3 of 3
Local Street System
(8) ProPosed Davis
Street Extension
(Ninth stfee~)~
Potential Improvements
Davis Street currently connects Indian River
Drive with U.S. 1 and will require resurfacing in
the immediate future. In addition, the 1981
Comprehensive Plan proposed that the Davis Street
corridor be extended westwardly to C.R. 505
(Roseland Road). This corridor would provide
access to a large undeveloped portion of the City
of Sebastian, including major undeveloped
industrial land resources. A railroad crossing
will be required.
This corridor should be designed to accommodate
traffic likely to be generated by the Gibson
Street industrial area as well as the airport
industrial complex. In addition, the facility
will serve as a major east-west collector linking
C.R. 505 with U.S. 1. This proposed corridor
would include approximately 8,800 feet of new
roadway and require the construction of a
railroad crossing at the FEC tracks just to the
west of U.S. 1.
(1) Improvements to be analyzed in the proposed transportation study.
COMPLETED BY: Solin and Associates, Inc., 1990
2-9
OBJECTIVE 2-1.6: ~IRCULATiON AND .LAND USE
coordinate the Traf in r' The City shall
, g P ograms with goals,
objectives and policies of the Land Use Element including the Future Land Use
Plan Map. ,
future land development on the transportation system in order to achieve inte-
grated management of the land use decisions and traffic circulation impacts.
~fic Circu_lation Performance Criteria. The City shall
enforce t ode which requires
that future land development comply with traffic circulation level of service
standards cited herein. The performance criteria shall require that new
development bear an equitable share of costs for traffic circulation system
improvements necessary to accommodate traffic generated by the proposed
development pursuant to §20A-lO.2(D) of the Land Development Code.
shall e~c _Circulation Site Plan Review Criteri~d The City
· Develop-
ment Code The criteria addresses such factors as: trip generation; design of
efficient internal traffic circulation and parking facilities, including mini-
mizing pedestrian and vehicular conflict, off-street parking, as well as safe
and convenient circulation and maneuverability; control of access points;
potential need for acceleration/deceleration lanes; adequate surface water
management and drainage; and landscaping.
2-10
)
)
)
oa/3o/9°
_ McC1arS~
and ReCr O~ ~ecreut~°~or their
~. the parKS
~_ abol~Sh__iation to
~ c~[o~.
decl~,c~
TO.. June 6, 1991
FROM: W. ~. Conyers
Robert
RE: Parks - ' CClaty ~. %. , Y Council
& Rec~ea
~on
adm;hl/""ent, ~Y~ a
on_ ~,,ist=at- uno
.~,~n the ~%~ the o~-etd Wo~J~ Reorea.. one Ci~ county
~- Co-- ~cy ~-
UCll m_'_Cy area ~on is ~i= 9f an~ ~creatio~°n to ~Vuuld b~
'"~nat in
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589*5570
MINUTES
PARKS AND RECREATION COMMITTEE
MEETING
TUESDAY, APRIL 30, lg9~ - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Chairman Traficante called the meeting to order at 7:07 P.M.
The Pledge of Allegiance was led by George Schum.
ROLL CALL:
Present: Irene Traficante
George Schum
William Rogers
Harry Di Salvio (Alternate)
Excused: Eugene Dory
Clifford Hoose
Also Present: Linda Lohsl, Secretary
Also Excused: Robb McClary, City Manager
4. Approval of Minutes
a) January 29, 1991:
Irene Traficante: Page 2, 6a) Change sometime in February to
sometime in May.
Page 2, Change Motion by Schum/Hoose line 3 to read Candy Cane
Park become a green area.
Page 3, 8b) Change to Has alligator sign been posted in Hardee
Park?
Parks and Recreation Meeting
Minutes - 9/25/9~
Page 3, 7b) Mr. Doty is excused - 2 reports plus final due next
month.
Page 3, lla) Add City Manager requested Parks & Recreation
recommendation.
Motion by Schum/Rogers to approve the Minutes of January 29, 1991
as clarified. All in favor.
b) February 26~ 1991
Irene Traficante: Change Clifford Moose from Absent to Excused
Page 2, 6g) Line 5, Change to read due to expenses and insurances.
Page 4, 9c) Last word should be algae.
Page 4, 11, Change None to Absent.
Motion by Di Salvio/Schum to approve the Minutes of February 26,
1991 as clarified. All in favor
5. AGENDA SPEAKERS: None
6. OLD BUSINESS:
a) Follow up on Memo to City ~
Send follow up memo.
b) Swimming ~ool/Classes
Committee talked about previous recommendations to have swimming
pool installed at the new High School when it is built. William
Rogers talked about the possibility of having a pool/club built
by a private group and charging for memberships. Irene talked
again about the City Manager talk to the local mobile home parks
or someone with a private pool to loan a pool for a small fee to
cover the insurance so the Red Cross could come to Sebastian to
give swimming lessons to children. Update memos of 3/7/88 and
2/26/91 to City Manager and send a copy to City Council.
Motion by Schum/Rogers
TO REQUEST THAT THE CITY MANAGER INVESTIGATE BOTH
POSSIBILITIES WITH THE COUNTY SCHOOL BOARD AND ALSO
LOOK TO THE PRIVATE SECTOR FOR ALTERNATIVES OF
GETTING A POOL IN THE CiTY OF SEBASTIAN TO BE USED
BY ALL
AMEND MOTION Schum/Di Salvio
UPDATE MEMOS OF 3/7/88 AND 2/26/91 AND SEND COPI'ES
2
TO CITY COUNCIL
Roll Call:
Irene Traficante
William Rogers
Harry Di Salvio
George Schum
Aye
Aye
Aye
Ail in favor; motion carried.
Motion by Di Salvio/Rogers
TO REQUEST THAT THE CITY MANAGER AGAIN CHECK FOR A
LOCAL POOL FOR EXCERISE AND INSTRUCTIONAL PURPOSES
Roll Call:
Irene Traficante
George Schum
Harry Di Salvio
William Rogers
Ail in favor; motion carried.
c) ~ Property Liability - Does the City of Sebastian own the
Chamber of Commerce building or the property that it's on?
George Schum stated that the city does not own this property, but
does own the the parking lot behind the building, and that a
handicap parking space will be created, the first space when
entering the parking lot with a sidewalk from the parking space
to the sidewalk on Main Street. Irene asked what liability does
the City have on the Boone property behind the Chamber of
Commerce? How much money in taxes is the City loosing by buying
the Boone property to make a parking lot for boaters? Still
waiting for a legal description from the deed of the Boone
property. In 1986 the Finance Director advised the Parks &
Recreation there was a "Indian River County Community Services
Trust Fund" with $6,600 in it that could be used for tennis
lessons, swimming lessons, etc., does the City still have access
to this money?
d) Visitors Channel - Bill Rogers stated that he is still
negotiating with sponsors, and the offer still stands if there is
any interest from the city he will be willing to talk to see what
that interest might be. George Schum did present the Visitors
Channel to the County Parks & Recreation Committee as requested.
7. SUB-COMMITTEE REPORTS:
a) COUNTY REPRESENTATIVE REPORT - George Schum
Mr. Schum atennded meeting April 4, 1991, the County Risk
Department did look at the retention ponds at Wimbrow Park and
decided not to fence in the ponds because children may be able to
be seen if in trouble. Stop signs have been posted at Wimbrow
Park and at Donald McDonald Park exits.
c) RECREATION COORDINATOR'S REPORT - Eugene Dory
Irene stated that the final reoprt was submitted to the city in
February.
8. CHAIRMAN'S MATTERS -
a) Tree at Intersection of U.S. 1 & Main Street - Tree blocks
view of drivers turning on to Main Street from N. Central Avenue,
unable to see cars making right turns from U.S. 1 on to Main
Street, send memo to Chief Petty.
b) Flood Light in front of Florida Home Finders - Light needs
to be ad3usted so it does not blind drivers pulling in to the
right turn lane at night, add to memo to Chief Petty.
c) Intersection of CR 512 and Barber Street - Recommendation to
have a traffic light installed at intersection.
Motion by Di Salvio/Rogers
TO HAVE TRAFFIC LIGHT INSTALLED AT THE INTERSECTION
OF CR 512 AND BARBER STREET, REMOVAL OF TREE ON THE
CURB OF MAIN STREET COMING OUT OF N. CENTRAL
AVENUE, AND TO HAVE THE ANGLE OF THE FLOOD LIGHT IN
FRONT FLORIDA HOME FINDERS ADJUSTED.
Discussion: Memo to go to Chief Petty with the approval of the
City Manager
All in favor, motion carried.
d) Terms to Expire 6/91 for William Rogers and Eugene ~ -
William Rogers is completing term for Lonnie Powell. At the
suggestion of the City Manager this can go on the early June
Council Agenda.
Motion by Schum/DiSalvio
TO NOMINATE WILLIAM ROGERS FOR A TERM OF TWO YEARS
TO THE PARKS AND RECREATION COMMITTEE
Motion by Di Salvio/Schum
TO NOMINATE EUGENE DOTY FOR ANOTHER TERM OF TWO
YEARS TO THE PARKS AND RECREATION COMMITTEE
Roi1 Call
Irene Traficante
George Schum
Harry Di Salvio
William Rogers
Aye
Motion Carried to renew the two members of the Committee for
another two year term.
9. COMMITTEE MATTERS
4
A) George Schum stated he would like to see the walk around the
swim lake on Easy Street expanded so it goes around the entire
lake for excerise walking and for bicycle riding.
Motion by Shum/Rogers
TO EXPAND PATH SO IT GOES ENTIRELY AROUND THE SWIM
LAKE ON EASY STREET FOR EXERCISE WALKING AND
BICYCLE RIDING
Discussion: Harry Di Salvio stated it would be better for the
environment not to be asphalt the path but to make it at path
like the path at Hardee Park. Goerge Shum said he would like
to see the path maintained if it is expanded.
Ail in favor, motion carried.
b) Irene stated that the railing along the ramp leading into the
Yacht Club will be installed per letter from the City Manager to
George Shum. Original idea came from George Shum in January 1991,
but at that time he was told because of the slope of the ramp a
railing was not necessary.
c) William Rogers said he had met with the City Manager and
suggested that the city provide some type of screen for the
backstops at BSSC due to the problem with foul bails, standing
in line at concession stand can be very dangerous, the City
Manager said a pavilion type roof will be installed and also
may purchase additional screen or netting that would be attached
to the lights. Bill also suggested to the City Manager that
warm-up pitchers mounds and a home plate so the kids can warm up
before going in the game. Nets should be in place by the
beginning of next season and the warm-up mound may be done by the
end of this season.
10. PUBLIC MATTERS - None
11. CITY MANAGER'S MATTERS - Excused.
12. NEW BUSINESS - None
13. ADJOURN
Motion by Schum/Rogers to adjourn; meeting adjourned at 8:32 P.M.
Li~da M. L6h~l, Secretary
5
CODE ENFORCEHENT BOARD
CITY OF SEBASTIAN
INDIAN RIVER CouNTY, FLORIDA
IN TH[ HATTER OF: CASE NO. 91-5027
John Bagby
Ross and Berntta Calvin, Jointly & severally
1662 R. Central Avenue
Sebastian, Florida 32958
LEGAL DESCRIPTION: parcel I.D. 121_30-38-00001-9999-00012.0
1662 N. Central Avenue, Sebastian, FL 32958
ORDER FINDING VIOLATION
THIS CAUSE originally came to be heard after due Notice to
the Respondent at a violation hearing conducted by the Code
Enforcement Board of the City of Sebastian on Hay 15, 1991. The
Board after having heard testimony under oath, received evidence
and heard argument of counsel or respondent, if any, thereupon
issues its Finding of Fact, Conclusion of Law and Order as
follows~
FINDINGS OF FACT
The Board determined upon the evtdence presented that
Junk is present on the premises.
CONCLUSIONS OF LRW
The Code Enforcement Board concludes that the above-
referenced individual was in violation of Section 312 Chapter 12
of The Code of Ordinances of the City of Sebastian, Indian River
County, Florida.
ORDER
1. Based upon the foregoing Finding of Facts, Conclusion of
Law, tt is hereby ordered that: The Violators/Respondents are
fined $1OO.OO and that the property must be brought into
compliance by June 1 , 1991 or a fine of $250.OO per day is
imposed.
2. uPON COMPLIANCE, RESPONDENT SHALL NOTIFY THE CODE
]NSPECTOR, Robert Ntcholson, WHO SHALL DIRECT AN INSPECTION OF
THE PROPERTY AND NOTIFY THE CODE ENFORCEHENT BOARD AS TO
CORRECTION OF THE VIOLATION.
3. If Respondent causes a reoccurrence of the violation,
this Board shall reconvene in the Council Chambers to hear
further evidence on the tSSue of compliance and to tmpose a f
of up tn the
maximum amount of $500.00 per day for each ds~ the
violation
continues, In the event of a future violation of
Order after the aforementioned date~ Respondent shall b~
renottf~ed of a new COmpliance heartng, et whtch the BOsPd
review the evtdence and tmpose the fine provtded heretn Jf se
violation ts deteretned to have again Occurred.
4. TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST
YOU CONSTITUTES A LIEN AGAiNsT THE REAL PROPERTY UPON #HICH THE
VIOLATION EXI 5TS~ OR IF YOU DO NOT OWN TH[ PROPERTY ~ THEN AGAINST
ANY REAL OR PERSONAL PROPERTy ~IIICH YOU DO OWN. YOUR CONTINUED
NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE~ AND L055
OF YOUR PROPERTy. THEREFORE, IF FOR ANY REASON YOU ARE UNABLE T
COMPLY WITHIN THE STATED TIME, PLEASE NOTIFy THE CODE I NSPECTOI
IMMEDIATELY.
DONE AND ORDERED this _~.~____~day of_~_, 199Z, in ope
sesston at the Council Chamber, 1~25 Math Street, Sebastian
Florfda.
Code E~fo~cement Board
N u dc~q~r o Tunc
ATTEST:
Secret/fy
IN 1~11£ MATTER OF:
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
Mr. Dante 1 A. McCusker
1627 U.S. ], Suite
Sebastian, FL 32958
LEGAL DESCRIPTION:
THIS CAUSE
the Respondent at
Enforcement Board
CASE NO. gl ~4999
21-30-38-O0001-gggg~o0033.1
1627 U.S. 1, Sutte 16, Sebastian. FL 3~95B
ORDER EINDING VIOLATION
originally came to be heard after due Notice to
a violation hearing conducted by the Code
of the City of Sebastian on May 15, 1991. The
Board after having heard testtmon~ under oath, received evidence
and heard argument of counsel or respondent ~ tf any, thereupon
issues its Finding of Fact, Conclusion of Law and Order as
follows;
FINDINGS OF FACT
The Board determined upon the evidence presented that;
Mr. McCusker ts operating a business without an occupational
license.
CONCLUSIONS OF LAN
The Code Enforcement Board concludes that the above-
referenced Individual was tn violation of Section 4; Chapter 14
of The Code of Ordinances of the City of Sebastian, Indian River
County, Florida.
ORDER
1. Based upon the foregoing Flndtng of Fac~s, Conclusion of
Law, tt ts hereby ordered that: Hr. McCusker ts find $100.00.
Additionally, a fine of $50.00 per day is levied for every day he
is not tn compliance starting the da.y after he recetves this
Order.
2. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY THE CODE
INSPECTOR, Robert Ntcholson, WHO SHALL DIRECT AN INSPECTION OF
THE PROPERTY AND NOTIFY THE CODE ENFORCEMENT BOARD AS TO
CORRECTION OF THE VIOLATION.
3. If Respondent causes a reoccurrence of the violation,
this Board shall reconvene in the Council Chambers to hear
further evidence on the issue of compliance and tn impose a fine
of up to the maximum amount of $500.00 per day for each day the
violation continues. In the event of a future violation of this
order after the aforementioned date ~ Respondent shall be
renottfted of a ne~ compliance hearing, at ~h~ch the Board
revte~ the evidence and impose the fine provided herein if said
violation is determined to have again occurred.
4. TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST
YOU CONSTITUTES A LIEN AGAINST THE REAL 'PROPERTY UPON WHICH THE
VIOLATION EXISTS, OR IF YOU DO NOT OWH THE PROPERTY, THEN AGAINST
ANY REAL OR PERSONAL PROPERTY WHICH YOU DO OWN. YOUR CONTINUED
NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS
OF YOUR PROPERTY. THEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO
NOTIFY THE CODE INSPECTOR
COHPLY WITHIN THE STATED TIME, PLEASE
IMMEDIATELY.
DONE AND ORDERED this
session at the Council
Florida.
/'~' day of ....~)/~Z~__~ 1991, in open
Chamber, 1225 Hain Street, Sebastian,
.i
.~.~ -.~ ~.
Code-~forceme~t Board
Nunc Pro Tunc
ATTEST:
Sec re t~yy
CODE £NFORCEH£NT BOARD
CITY OE S£BAST] AN
INDIAN RIVER COUNTY, FLORIDA
IN TtI£ HATTER
R.H. Harm
2SO fellsmere Road (Town Star)
Sebastian, Florida 32g~8
LEGAL DESCRIPTION:
THI$ CAUSE
the Respondent at
Enforcement Board
CASE NO. 90-4400
07-31-39-0000-3000-0005.1
gSO Eellsmere Road (Town Star)
Sebastian, FL 32958
OROER FINOING VIOLATION
originally came to be heard after due Notice to
a violation hearing conducted by the Code
of the City of Sebastian on Hay %S, %991. The
Board after having heard testimony under
and heard argument of
issues its Finding of
follows;
The Board
oath. received evidence
counsel or respondent, tf any, thereupon
Fact, Conclusion of Law and Order as
FINDINGS OF FACT
determined upon the evidence presented that~ Mr.
Mann did not screen the dumpster.
CONCLUSIONS OF LAN
The Code Enforcement Board concludes that the above-
referenced Individual was tn violation of Sections S-gF; Chapter
~OA of The Code of Ordinances
River County, ElorJda.
of the Ctty of Sebastian, Indian
ORDER
1. Based upon the foregoing Ftndtng of Facts, Conclusion of
Law, it Is hereby ordered that: Hr. Mann ts fined $100.00 and tf
the property ts not brought Into compliance within seven (7) days
of receipt of thts Order, a
untt 1 brought into compliance,
2. UPON COMPLIANCE,
fine of $25.00 per day ~s levied
RESPONDENT SHALL NOTIFY THE CODE
INSPECTOR, Robert Nicholson, ~HO SHALL DIRECT AN INSPECTION OF
THE PROPERTY AND NOTIFY THE CODE ENFORC£MENT BOARD AS TO
CORRECTION OF THE VIOLATION.
3. If Respondent causes a reoccurrence of the violation,
this Board shall reconvene tn the Counctl Chambers t'o hear
further evidence on the t$$ue of compliance and to impose a fine
of up to the maxtmum amount of $500,00 per day for each day the
violation continues, in the event of a future violation of thts
order after the aforementioned date~ Respnndent shail be
renott fted of a new compliance hea~lng, at which the Board wi1
review the evtdence and ~mpose the ftne provided here~n if sat
vtolatJn~ ts determined to have again occurred.
4. TAKE NOTICE THAT ANY F]N£ IHPOSED BY THIS BOARD AGAINST
YOU CONST]TUT£S A LIEN AGAINST THE REAL PROPERTY UPON MHICH THE
V]OLATION EXISTS, OR IF YOU DO NOT ONN THE PROPERTY. THEN AGAINST
ANY 'REAL OR PERSONAL PROPERTY HHICH YOU DO OHN. YOUR CONTINUED
NONCOHPLIANC£ CAN RESULT [N FOR£CLOSUR£~ JUDICIAL SAL£o AND LOSS
OF YOUR PROPERTY. THEREFORE, IF FOR ANY REASON YOU ARE UNABL£ TO
THE STATED TIH[. PLEASE NOTIFY THE COD[ INSPECTOR
COHPLY WITHIN
IHMEDiATELY.
DONE AND ORDERED
session at the
flortda.
this __/_~./___day of -~TL~_/~_, 1991, tn open
Counctl Chamber, 1225 Hain Street. Sebastian
Chde~.~.~e~nforcement Board
Nunc Pro Tune
ATTEST:
Secreta~
City of Sebastian
pOS't' OFFICF-- BOX 7B017.-7 U ,SEBA,SI'IAN' FLORIDA 3?.-.-978
-~ELEPHONM-" (407) 5B9-5330 ~ FAy(. (407) 589-5570
the fOllow.
$ 5.06/ sg. ~t.
lO.oo/ sq. ~t.
My assumption
;~ot~J;t ~al es° f fair msrket v
y or Offers wh~a~lue is based on
MCClarY May loth Offer -~'~ are similar
CAy Corp.
Ju~e 6th Countem Offe~
SUDe~ ~emica Sale
BOOne P~ODerty Sale
Ma~ke~ 68 Mamina Sale
Stevenson P~on~ 11'12/ Sq. ~t.
~though , ~erty Askin~ ~__. 16.
tesul~-~uified __~Uld be ~ ~'a~= ma~u_~ $7.7S -
nin,~.~ of the ~ieal esta~_ uo have L~e= Value ~e=
on th~s or le~' ~z WOul~ ~ and f~?Y~aDpra.'= a .more
~cernati,._" about ~u~y the -' aease __T=, We ~_.?~r mark-~
~Ollowl~g
nden~ During t= . ~urance Cov~__ of the _,jon of a
· ,uent a~,- n.e nlnet,. - =rage. ~rOpertu _~ ~Old
Certi~ralsal n~ ~ (90) 8=, ~ un the
nancy._ u~lng th~ -. ~ alser, or the ~_~ Obtain
~ Peri
Upon re--. od, the
~%m~n~tion ~%~5 and eval, .... ''~Y evaluate
~_ ~:er wh~ - -encin_ . or the ~
, C~e ~ ~ch i~ - ~ alte-~ real
, ~r°Pertv ~ ~eems ~_~natives ~s~ate aDn~,:
~' ~ and ~_ une City--~t~sal
~%~, easonable ~O~nci1
r the
of the CAy Corp.
Property.
City of Sebastian
RoDert S. McCiary, t'lty Manager
Post office
SebasTian, Fi. 32978
REF: Lots 5 rnru 14 ana Lots 19 thru 23, Block 5
~ogewater FarK Subdivision ~ Approx. 2.2 Acres)
Mr. McClary,
i. The purchase price for zhe proper~y ].s $742,50u.
2. The (?.~¥ shai] ta}<e possession of t.h~s property
upon ramification of 5his Jeer. er of understandlnq Dy t~he
CAV Corp. and %he 5eDastlan C~ty Council to the Gate of
closzng but_ zn no event longer 30 days un]ess ex~ended in
writing by (]AZ: Corp. 'J'he Cit)· shall execute a hold
harm]ess agreement, and 5he inclusion of the property on
the City's general llabi]lr.y insurance. The malnte~ance
anG taxes w~ll become the C~sy'.~ responsibiJ]ty upon
execut.~.on of this Jester.
3.The C~ty ms responsmg~l~r-y for mar~er~al on s~r_e, CAV
Corp. will provide copies of environmental reports.
4. That CAV Corp. w~ll f~nance the C~.y's purchase of
~his proper~y over a fi.ye ( 5 ) year per]od a~ _~ [) per cen~
per annum inLeresL. See arYac~%ed sample repaymen~
scnedl~Je.
5. That zn~,:erest: .~.ncc, me for C.~\\, CorP. ne deemed ~ax
exempt from ~ec~e~-a.i j' ncome '.I a x l{~y Wrlt~l eTi o~:~ln ~.o[~ o~ r~orld
to Dear t r)e soJ e expense for t'l]e ll~on~ counse,,i .
6. The purchase pti. ce 3 R not'. subject, to any
appra]_sa J s.
?. The
execution of a formal wrJ_tr, en contact approve0 Dy the CAV
Corp., 5he S. eba~tlan Cltx,- CounclJ , slgne~ by Lhe Mayor anG
City Clerk anG approve~ by the c3r_y Attorney.
Acceptance By City of Sebastian
By:
Mayor
C ~r~y Clerk
By:
C~ty A~torney
Acceptance By CA\7 Corp.
A.L. Barkett, Trustee
By:
'ff~ L' 'i"-~;/'~-~¥ ¥;-5 £d ~ ~- e- ~-- ........
DEBT REPAYMENT SCHEDULE
INSTALLMENT PURCHASE
10 % Interest
DATE
~2-i-9i,
12-1-92
i2-1-93
12-3_-95
12-1-96
PRINCIPAL
$i20,
$I20, tJ00
S'I '2 t~., 0 U 0
5220,
S J_ 2 [t, l) f.I l)
$±42,
iN'£'ERES'~
Closing Date
S02,250
PAYMI~NT
$i20,
51t42,250
$170,
$i56,25t)
SJ_46,25O
5156,750
BALANCE
$622,500
$502,500
$382,500
$262,500
$142,500
--0--
GOULD, I~OOK-~EY, Ir r' Ntq F__ LL, Ar'PLE t'1 Y, IL]I AIR K £ T T
JOHN r~. L~OULD
D AI~I~£LL F~NN~LL
FRANK M. APPLEBY
LAWR~NC~ A. ~ARKETT
MIEHAEL J. HANL[Y
~HRIgTOPHER H, MARINE
g'Tg BEACHLAND BDUL£VAF1D
V£140 B[A~H. F'LFIRiDA 32983
TLrLrpI-ION[ 1407} 23 I-~ IO0
May 30, 1991
Dr. A. Barkett, Jr.
1545-20th Street
Vero Beach, FL 32960
Mr. Robert Brackett, Sr.
Credit Data Services, Inc.
2066-14th Avenue
Veto Beach, FL 32960
RE: CAY Trust_-- Seba.stian Rive~front
Dear Skip and Bob:
Pursuant to our discussion, I have reviewed the Days Inn
proposal on the balance of the property not sold to SuperAmerica.
Since the letter proposal of the city is not acceptable, I will
proceed to draft the Contract on the other proposal and hope to
have it ready for approval and signature in about a week.
When the Contract is prepared, I will send it to you for
approval and signature. I will also put in a clause so that you
will be protected in the event Sebastian changes its mind and
tries to condemn the property through eminent domain.
BTC:bjt
cc: Carl Fischer
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
May 10, 1991
CAV Corp.
C/O Henry A. Fischer, DDS
P.O. Box 780068
Sebastian, FL 32978-0068
Re:
Lots 5 - 14 and Lots 19 - 23, Block 5 Edgewater
Park Subdivision ( Approx. 2.2 Acres)
Ladies & Gentlemen:
Please consider this as our letter of understanding for the City
of Sebastian to purchase the above referenced property from you.
The purchase of this property is subject to the following
conditions:
1. The city shall take possession of this property upon
ratification of this letter of understanding by the Sebastian
City Council to the date of closing but in no event longer than
nine (9) months unless extended in writing by CAY Corp.
Consideration for this interim period includes: the payment of
$100 to CAV Corp., execution of a hold harmless agreement, and
the inclusion of the property on the City's general liability
insurance.
2. The purchase price for the property is $485,000.
3. That CAV Corp. will finance the City's purchase of this
property over a five (5) year period at 9 1/2 per cent per annum
interest. Please see attached sample repayment schedule.
4. That interest income for CAY Corp. be deemed tax exempt
from Federal Income Tax by written opinion of bond counsel to be
appointed by the City Council. The City is to bear the sole
expense for the bond counsel.
5. The purchase price of $485,000 is subject to
confirmation as "fair market value" as determined by two (2)
State certified real estate appraisers (Section 475.501 FS).
The independent appraisers are to be engaged by the City. If'both
appraisals indicate the fair market value of less than $485,000
then the purchase price will be lowered to the average of the two
(2) appraisals.
CAV Corp.
Page #2
May 10, 1991
6. This letter of understanding is subject to ratification
by the Sebastian City Council.
7. The purchase of this property is subject to the
execution of a formal written contract approved by the Sebastian
City Council, signed by the Mayor and City Clerk and approved by
the City Attorney.
We look forward to hearing from you.
Sincerely,
City Manager
Acceptance By CAV Corp.
By:
RSM/jmt
Enclosure
CC:
A. Barkett, Jr.
1545 20th Street
Vero Beach, FL 32960
DEBT REPAYMENT SCHEDULE
INSTALLMENT PURCHASE
$485,009 -
~ 1/2 ~ ~nterest
DATE
12-1-91
12-1-92
12-1-93
12-1-94
12-1-95
12-1-96
TOTALS
PRINCIPAL INTEREST
(Assumed Closing Date)
$ 100,000 $ 46,075
100,000 36,575
100,000 27,075
100,000 17,575
85,000 8,075
$ 485,000
$ 135,375
TOTAL
$ 146,075
136,575
127,075
117,575
93,075
$ 620,375
BALANCE
$ 485,000
385,000
285,000
185,000
85,000
-- 0 --
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-533O o FAX (407) 589-5570
SUBJECT:
FIRST READING OF ORDINANCE
0-91-18
Approved For Submittal By:
City Manager
Agenda No. ~/'/~
lopment
Dept. Origin COmmunity Deve (BC,)~_~_
6/O6/91
Date Submitted . --
6/12/91
~or Agenda Of
ExhibitS: Ordinance O-91-18
EXPENDITURE
REQUIRED~
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED,
SUMMARY STATEMENT
At its regular workshop meeting of May 1, 1991, the City council directed
the City Attorney to draft an ordinance to amend chap%er 16 of the code of
ordinances regarding nuisances.
RECOMMENDED ACTION
Approve first reading of ordinance O-91-18 and set public hearing for July
10, 1991.
enforcement department of the city.
If you dispute that said alleged conditions exist on said property,
you may request a hearing before the city code enforcement board
to show good reason why said condition should not be corrected.
Such notice must be in writing and must be postmarked by a date not
later than ten (10.0) days after your receipt of this notice by you
or the occupant of the premises, and addressed to city clerk, city
hall.
City of Sebastian, Florida
Building Official
Sec. 16-4. Hearing before Code Enforcement Board.
within ten (10) days after the receipt of notice or after the
service or posting of such notice on the property, the owner of the
property may make written request to the city clerk of the city for
a hearing before the code enforcement board to show that the
condition alleged in the notice does not exist, or other reason why
the alleged violation should not be corrected. At the hearing, the
city and the property owner may introduce such evidence as is
appropriate.
Sec. 16-5. Condition may be remedied by the city and llen imposed.
If within ten (10) days after the giving of notice, no hearing has
been requested in writing and the condition described in the notice
has not been completed within fifteen (15) days after receipt (or
posting) of notice, the building official or his designee shall
cause the condition to be remedied at the expense of the property
7
owner. If a hearing has been held and is concluded adversely to
the property owner, and the condition is not remedied by the owner
within fifteen (15) days after said hearing, the building official
may cause the condition to be remedied at the expense of the
property owner. After causing the condition to be remedied, the
building official shall certify to the director of finance the
expense incurred in remedying the condition, including advertising
costs and all other expenses incurred by the city in correcting the
condition whereupon such expense shall become due and payable in
full within fourteen (14) days after receipt of the bill therefor,
after which a special assessment lien and charge will be made upon
the property, which lien shall be payable with simple interest at
the rate of one and one-half (1%) per cent per month on the unpaid
balance from the due date until paid. Such lien shall be
enforceable in the same manner as provided by law, and may be
satisfied at any time by payment thereof, including accrued
interest. Upon such payment, the director of finance shall, by
appropriate means, evidence the satisfaction and cancellation of
such lien upon the record thereof. Notice of such lien may be
filed in the office of the clerk of the circuit court and recorded
among the public records of Indian River County, Florida, and shall
be filed by the city's sanitary lien book.
Sec. 16-6. 8anitar~ lien book. Upon the certification to the
director of finance by the mayor of the expense incurred in
remedying the condition as provided in section 16-5, above, the
director of finance shall enter in a book which shall be prepared
and kept for that purpose, and which shall be designated as the
"sanitary lien book," the legal description of the lots, tracts,
or parcels of land involved, the name of the owner or owners
thereof and the cost of remedying the conditions as described
therein, which shall constitute the legal requirements for the
acquiring of a lien on the part of the city against the property
described therein for the cost of remedying the conditions
violative of section 16-2, above.
Sec. 16-7. Rules and regulations authorized; adopted by reference.
The city manager is hereby authorized to promulgate and adopt such
reasonable rules and regulations as may be needed to effectuate and
enforce the intent of this chapter.
Sec. 16-8. Penalty for violation. Any person, or association of
persons, partnership or corporation violating any of the provisions
of this article, upon conviction thereof, shall be punished as
provided in section 1-10 of this Code. Any action taken pursuant
to this chapter in regard to the disposal, abatement or removal of
the conditions herein declared public nuisances shall be considered
cumulative and in addition to penalties and other remedies provided
elsewhere in this Code."
~ction 2. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 3. CODIFICATION. It is the intention of the
City Council of the City of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
Ordinance shall become and be made a part of the Code of Ordinances
9
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.
~ SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the city Council would have enacted the remainder of this
ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 5- EFFECTIVE DATE. This ordinance shall become
effective immediately upon its adoption.
10
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 Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
The Mayor thereupon declared this Ordinance 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
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 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
11
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: FIRST READING OF
ORDINANCE O-91-15
Approved For Submittal By:
City Manager ,~
) Agenda No, ¢~ / ~""~-~
Dept. Origin Communit~ Development
"(BL
Date Submitted 6/O6/,91 ,,
For Agenda Of 6/12/91
Exhibits:
Ordinance O-91-15
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular workshop meeting of June 5, 1991, the City Council reviewed
Ordinance O-91-15 further regulating handbills.
RECOMMEND ACTION
Move to approve first reading of Ordinance O-91-15 and set public hearing
for July 10, 1991.
ORDINANCE NO.: O- 91-15
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING ARTICLE II OF
CHAPTER 3 OF THE CODE OF ORDINANCES OF THE
CITY OF'SEBASTIAN, REGULATING THE DiSTRIBUTION
OF HANDBILLS WITHIN THE CITY OF SEBASTIAN,
FLORIDA; PROHIBITING THE DISTRIBUTION OF
HANDBILLS ON PRIVATE PROPERTY; PROVIDING FOR
EXCEPTIONS; PROVIDING PENALTIES FOR
VIOLATIONS; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County, Florida,
may lawfully regulate the distribution of handbills within the
City; and
WHEREAS, the City Council of the City of Sebastian has
determined that the unrestricted distribution of unwanted and
unclaimed handbills leads to their accumulation on private property
creating waste and litter which impairs the appearance of the City
and adversely affects the aesthetic quality of life of the public
and citizens of the City of Sebastian; and
WHEREAS, the City Council has further determined that the
accumulation of unwanted and unclaimed handbills creates the
impression that the property on which such handbills have
accumulated is vacant or uninhabited and, thus, invites the
commission of crimes in and upon said property, including vandalism
and burglaries; and
WHEREAS, the regulation of the distribution of handbills
is necessary in order to better promote and protect the health,
safety and welfare of the public and citizens of the City of
Sebastian.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. Section 3-18 of Chapter 3 of the Code of
Ordinances of the City of Sebastian, Florida, is hereby amended in
its entirety to provide as follows:
"Sec. 3-18.
Handbills Prohibited on Private
Property.
Unless otherwise permitted as provided
herein, it shall be unlawful for any person to
throw, discard, place, deposit or otherwise
dispose of any handbill in or upon private
property."
Section 2. Section 3-19 of Chapter 3 of the Code of
Ordinances of the City of Sebastian, Florida, is hereby amended in
its entirety to provide as follows:
"Sec. 3-19. Exception.
Notwithstanding the prohibition contained
in Section 3-18, it shall be lawful for any
person to deliver or transmit any handbill in
or upon private property when said delivery or
transmittal is made directly to the owner,
occupant or other person then present in or
upon such private property. Provided,
however, that no person shall attempt to
deliver or transmit any handbill upon any
private property if requested not to do so by
anyone thereon, or if there is placed on such
property a sign bearing the- words: "No
Trespassing," "No Solicitors," "No Peddlers or
Agents," "No Advertisement," or any similar
notice, indicating in any manner that the
occupants of such property do not wish to have
their right of privacy disturbed, or to have
any handbills delivered in or upon such
property."
2
Section 3. Section 3-20 of Chapter 3 of the Code of
Ordinances of the City of Sebastian, Florida, is hereby deleted in
its entirety.
Section 4. 'Section 3-23 shall be added to Chapter 3 of the
Code of Ordinances of the City of Sebastian, Florida, and shall
read in its entirety as follows:
"Sec. 3-23.
Violation Subject to Criminal
Prosecution.
The code enforcement board shall have
jurisdiction and authority to hear and decide
alleged violations of the provisions of this
Article II. This shall not, however, preclude
the referral of violators to the appropriate
governmental agency for criminal prosecution
in accordance with the provisions of Section
403.413(5), Florida Statutes."
Section 5. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 6. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intention; and
the word "Ordinance" may be changed to "Section," "Article" or
other appropriate designations.
Section 7. 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 such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 8. 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 Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1991.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
W.E. Conyers, Mayor
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1991,
and that following said public--ring this ~'~'dinance was passed
by the City Council.
Kathryn M. O'Hallorah,
CMC/AAE, City Clerk
Approved as to Form and Content:
Charles Ian Nash,
City Attorney
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: )
RESOLUTION R-91-18 APPROVAL OF )
PRELIMINARY PLAT FOR VICKERS GROVE )
SUBDIVISION
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin Communit~y Devel.oDment
(BC)/j~
Date Submitted 6/06/91
For Agenda Of 6/12/~1 ,,,
Exhibits:
Resolution R-91-18
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STA~TEMENT
At its regular meeting of May 8, 1991, the City Council reviewed and
directed the City Attorney to draft a resolution to approve the
Preliminary Plat for Vickers Grove Subdivision.
RECOMMENDED ACTION
Move to approve Resolution R-91-18 for Vickers Grove Subdivision.
RESOLUTION NO. R-91-18
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
117 ACRES IN SIZE, LOCATED IN SECTION 17,
TOWNSHIP 31 SOUTH, RANGE 39 EAST, CiTY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SUBJECT TO CERTAIN CONDITIONS; 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.
WHEREAS, Henry A. Fischer (the "Applicant") is the owner 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 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 the Applicant with respect to a Major
Subdivision for that certain tract of real property owned by the
Applicant, consisting of approximately 117 acres located in Section
17, Township 31 South, Range 39 East, City of Sebastian, Indian
River County, Florida, and more particularly described on Exhibit
"A" attached hereto and incorporated herein by this reference, is
hereby approved, subject to the conditions and restrictions
contained in Section 2 of 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 his successors in interest and
assigns, complying with the following conditions and restrictions:
(a) All improvements to 99th Street, as outlined in the
Traffic Impact Study, shall be made by the Applicant in conjunction
with Indian River County, Florida. This condition shall not
operate to preclude Indian River County from requesting modifi-
cations or additions to the improvements as Indian River County
deems necessary and proper.
(b) The Applicant shall obtain final approval from
appropriate §overnmental authorities and agencies having
jurisdiction of the central water and sanitary sewer to be
constructed upon the subject property.
(c) The Applicant shall construct and post signage to
prohibit industrial truck traffic from being routed through
Sebastian Highlands. Location and size of such signage shall be
coordinated with, and approved by, the City Engineer and Police
Chief prior to placement.
(d) The Applicant shall not submit a Final Plat for
approval nor shall a Final Plat be approved until the conditions
2
set forth in subsections (a) through (c) have been satisfied.
Section 3. BINDING EFFECT. The Applicant shall submit
appropriate assurances that any successors or assigns of the
Applicant will comply with all provisions governing the develop-
ment 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 4. RECORDING. The City Clerk is hereby directed to
record this Resolution in the Public Records of Indian River
County, Florida.
Section 5. CONFLICT. Ail 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 such 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
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 Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
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'Hall°'ran,
CMC/AAE, City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash,
City Attorney
4
EXHIBIT "A"
A parcel of land situate in Section 17, Township 31 South,
Range 39 East, Indian River County, Florida, more particularly
described as follows:
The Southwest quarter of Section 17, Township 31 South, Range
39 East and the Southeast quarter of the Southwest quarter of the
Northwest quarter of Section 17, Township 31 South, Range 39 East,
Indian River County, Florida, lyin9 Westerly of the following
described line: Commence at the South line of the said Southwest
quarter of said Section 17 and the Southwesterly right-of-way line
of the Florida East Coast Railway (100' R/W); thence South 89 35'
01" west, along said South line, for a distance of 73.00 feet to
the Point of Beginning and a point of curvature of a curve through
which a radial line bears North 75 05' 13" East, concave
Southwesterly, havin9 a radius of 260.11 feet; thence Northwesterly
and Easterly, along the arc of said curve, through a central angle
of 75 30' 12" a distance of 342.77 feet to the Point of Tangency;
thence South 89 35' 01" West, for a distance of 275.39 feet;
thence North 00 24' 59" West, a distance of 60.00 feet to a point
of curvature of a curve, concave Northwesterly, having a radius of
25.00 feet and a tangent bearin9 of North 89 35' 01" East; thence
Northeasterly and Northerly alon9 the arc of said curve through a
central angle of 90 00' 00", a distance of 39.27 feet to the Point
of Tangency; thence North 00 24' 59" West, a distance of 50.53
feet to a point of curvature of a curve concave Southwesterly,
havin9 a radius of 370.00 feet; thence Northwesterly along the arc
of said curve, through a central angle of 21 23' 44", a distance
of 138.17 feet to the Point of Tangency; thence North 21 48' 43"
West, a distance of 2349.38 feet to the point of curvature of a
curve concave Northeasterly, havin9 a radius of 68.00 feet through
which a radial line bears South 04 22' 01" West; thence
Northwesterly, alon9 the arc of said curve, through a central angle
of 127 38' 31" a distance of 151.49 feet; thence North 21 48' 43"
West, a distance of 631.07 feet to the North line of said Southeast
quarter of the Southwest quarter of the Northwest quarter of said
Section 17 and the point of Termination.
Ail of the above situate in Indian River County, Florida and
containin§ 116.6 acres, more or less.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
SUBJECT: '
APPEAL FROM PLANNING & ZONING S
DECISION REGARDING A cONCEPTUAL
DESIGN FOR 55 UNIT HOTEL
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin ~ Development
)
)
)
)
)
)
)
)
)
)
Date Submitted __ 6/O6/91,
For Agenda Of 6/12/91
ExhibitS:
Letter of appeal from Ruth Sullivan
received 5/24/91
Planning & zoning minutes of 5/16/91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Ruth Sullivan, President of Indian River Property Owners Association, is
requesting an appeal from the Planning and Zoning Commission's decision of
May 16, 1991 regarding the tentative approval of a 55 room hotel directly
west of Hurricane Harbor Restaurant- This appeal is pursuant to Section
20A-10.4(A) of the Land Development code which allows any aggreived person
having an interest therein, to file an appeal to the City Council from a
decision of the Planning and Zoning Commission regarding site plan
approval. Pursuant to the above described section of the Land Development
Code, the City Council should set a public hearing with regard to this
appeal. In order for the City Council to review this appeal, the
following facts relate to Ruth Sullivan's request,
1. Letter of appeal states no traffic study was done %o determine
capability of Indian River Drive to handle traffic generated by a 55
room hotel.
transportation impact study if
Answer: Section 2OA-10.2(1) requires a
the proposed development generates more than one thousand (1,000)
trips per day. This proposed development will only generate 825.5
trips per day pursuant to the following specifications:
PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES
MAY 16, 1991
PAGE TWO
PUBLIC HEARING ON THE HOME OCCUPATION FOR AERO FLAG WAS
OPENED AT 7:25 P.M.
MRS. FRANCE FROM 981 CARNATION SPOKE AND STATED SHE FELT IT
WAS NOT NECESSARY'TO RUN A BUSINESS OUT OF A HOME SHOULD STAY
IN COMMERCIAL AREAS. CHAIRMAN EXPLAINS THE RULES TO HER AND
PROCEDURES TO FOLLOW FOR PROBLEMS.
PUBLIC HEARING CLOSED AT 7:26 P,M.
A MOTION TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR AERO
FLAG AND BANNER AT 973 GEORGE STREET DUE TO THE FACT THAT IT
MEETS ALL CODE REQUIREMENTS WAS MADE BY MR. THOMPSON SECOND
FOR DISCUSSION BY MR. FULLERTON UNDER DISCUSSION IT WAS
NOTED THAT THERE WERE SEVERAL LETTERS OF OBJECTION ANF MR.
FULLERTON REQUESTS THEY RECEIVE A COPY OF THE RULES ALSO MRS.
ILKELLY FEELS THE MOTION SHOULD BE CONTINGENT UPON NO STORAGE
IN THE GARAGE AREA MR. THOMPSON AND MR. FULLERTON AGREE TO
AMEND THE MOTION TO THAT EFFECT - MOTION PASSED UNANIMOUSLY.
TIME EXTENSION FOR SITE PLAN - RICHARD BRUNTON - A MOTION TO
TABLE THIS REQUEST DUE TO THE FACT THAT iT WAS RECENTLY
DISCOVERED BY STAFF THAT A FEE NEEDS TO BE PAID AND ALSO SO
THAT STAFF CAN DETERMINE IF IT STILL NEEDS CODE REQUIREMENTS
BEFORE IT IS BROUGHT BACK BY MR. THOMPSON SECOND MR.
WADSWORTH PASSED UNANIMOUSLY.
CONCEPTUAL APPROVAL RESORT HOTEL
GENE POPOW IS PRESENT TO ANSWER QUESTIONS FOR THE COMMISSION
ALSO PETER JONES ARCHITECT IS PRESENT
AL VALARDI ~5 GEORGIA BLVD IS ALLOWED TO SPEAK - RE PARKING
FOR HURRICANE HARBOUR - FEELS THAT PETER SHOULD NOT BE THE
CHAIRMAN OF THE RIVERFRONT COMMITTEE SINCE HE IS INVOLVED IN
PROJECTS LIKE THIS.
A MOTION TO APPROVE TENTATIVELY FOR THE CONCEPTUAL DRAWING
FOR A RESORT HOTEL IN THE 1500 BLOCK IN INDIAN RIVER DRIVE AS
PRESENTED IN DRAWINGS DATED MAY 2, 1991 AND 7 DRAWINGS
ATTACHED THERETO SHOWING ELEVATIONS AND FLOORPLANS AND
CONCEPT WILL BE AS SHOWN ON PETER JONES' LETTER DATED MAY 10,
1991 PER DETAILS AND THAT THE LEGAL DOCUMENT BETWEEN OWNERS
OF THIS PROPERTY AND HURRICAN HARBOUR AS RELATES TO PARKING
MUST BE PROVIDED WITH SITE PLAN BY MR. THOMPSON SECOND MR.
WADSWORTH PASSED UNANIMOUSLY - CHAIRMAN STATING YES WITH
RESERVATIONS.
RECESS CALLED AT 8:40 P.M. BACK AT 8:50 P.M. ALL PRESENT
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
VICTOR L. SMITH'S APPEAL OF
PLANNING & ZONING COMMISSION'S
DECISION CONCERNING A WOODEN
BRIDGE IN THE RIGHT-OF-WAY
Approved For Submittal By: .
City Manager ~
Agenda No.
Dept. Origin Communit~ Devel°pment/~w?~,,3C~
(BC)
Date Submitted 6/O6/91
For Agenda Of
6/12/91
Exhibits: Letter dated April 11,
1991 from Victor L. Smith
Planning & Zoning minutes of 4/O4/91
Memorandum from City Engineer dated
6/4/91
EXPENDITURE
REQUIRED,
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Sometime ago, Mr. Victor L. Smith residing at 525 Carnival Terrace
constructed a wooden walkway bridge over the swale within the right-of-way
in front of his residence. No permit or approval was given at that time
by the City of Sebastian. Section 2OA-5.12(C) of the Land Development
Code requires that there shall be no structure or planting on City or
public right-of-way without prior approval of the Planning and Zoning
Commission and City Council and then only after due consideration is given
to the type, height and size of such structure and planting. The Planning
and Zoning Commission at its regular meeting 4/4/ql denied the request for
Mr. Smith to keep his wooden bridge located within the right-of-way. Even
though the aesthetics of the bridge was pleasing, the majority of the
commission felt that this type of structure would not be appropriate
within the right-of-way. Since this appeal is pursuant to Section 2OA-
11,3(C)(4) which does not require a public hearing, the City Council can
make a decision at the regular meeting of June 12, 1991.
RECOMMENDED ACTION
Review and make a determination considering Mr. Victor L. Smith's appeal.
D/ Spr ng
"When Oualtt~ Counts"
RECEWED A?~ 1 5
MOWER CENTER · GROUNDS MAINTENANCE · LANDSCAPE SERVICES · PEST CONTROL
April 11, 1991
Mr. Bruce Cooper
Director of Cc~munityDevelo~t
P.O. Box 780127
Sebastian, FT 32978
I am appealing the Planning and Zoning Cc~nission's decision not to
accept my request for a walkway over the drainage swale in front of my
At this time the water has been standing in the swale for over 2½ months.
I would like to showeachmembermy problem andhear their suggestions on a
solution and also their objections to my walkway.
VLS:jlj
7540 U.S. #1, Vero Beach, Florida 32967, (407) 567-7007
PLANNING AND ZONINO COMMISSION
REGULAR MEETING MINUTES
APRIL a, 1991
CHAIRMAN KRULIKOWSKI CALLED THE MEETING TO ORDER.
PRESENT; MR, MAHONEY, MRS, KILKELLY, MR. SHROYER,ALTERNATE,
MR. WADSWORTH, MR. LINDSEY, MR. KRULIKOWSKI, MR. THOMPSON,
MR. FULLERTON
ABSENT; MRS, O'CONNOR, EXCUSED
ALSO PRESENT; BRUCE COOPER, DIRECTOR OF COMMUNITY
DEVELOPMENT, LINDA KINCHEN, SECRETARY,
ANNOUNCEMENTS; MRS. KILKELLY REQUESTS THAT VICTOR SMITH'S
RIGHT OF WAY IMPROVEMENTS BE ADDED UNDER OLD BUSINESS:
AND DELAY OLD BUSINESS UNTIL AFTER NEW BUSINESS: SECOND BY
MR. THOMPSON PASSED UNANIMOUSLY.
APPROVAL OF MINUTES: MARCH 7TH, 1991 - A MOTION TO APPROVE BY
MR. THOMPSON SECOND MR. WADSWORTH UNDER DISCUSSION - ON PAGE
()NE HOME OCCUPATIONAL LlCENSE FOR CRANFORD SPROUL CHANGE
D]SCONCERN TO CONCERN PASSED UNANIMOUSLY.
HOME OCCUPATIONAL LICENSE - MARGARET RERA 582 PERIWINKLE
HEAVEN MAIl) CLEANING SERVICE
PUBLIC HEARING OPENED 7.:10 P,M. CLOSED 7:10 P.M. NO COMMENTS
A MOTION TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR 382
PERIWINKLE DRIVE FOR HEAVEN MAID CLEANING SERVICE BY MR.
WADSWORTH SECOND MR. LINDSEY PASSED UNANIMOUSLY,
OLD BUSINESS: VICTOR 'SMITH RIGHT OF WAY IMPROVEMENTS - MR.
]'HOMPSON, MR. MAHONEY AND MR. KRULIKOWSKI ARE TOTALLY AGAINS'F
APPROVAL. MRS. KILKELLY IS IN FAVOR AND SEES NO PROBLEM. MR.
LINDSEY IS IN FAVOR MR.. WADSWORTH RECOGNIZES ARGUMENTS ON
BOTH SIDES - AND SAYS CAN GO EITHER WAY. A MOTION THAT WE
APPROVE THE USE OF IMPROVEMENTS IN THE RIGHT OF WAY AT 520
CARNIVAL TERRACE CONTINGENT UPON MR. SMITH GIVING US A WAIVER
OF ANY LIABILITY FOR DAMAGE DURING MAINTENANCE AND SECOND
ASKING STAFF TO PREPARE AN AMENDMENT ~¢) THE CODE TO PROVIDE
CONDITIONS FIR THIS IN THE FUTURE. BY MRS. KILKELLY SECOND
MR. LINDSEY - MR. WADSWORTH STATES WAIVERS DON'T STAND JIF' IN
COURT I~ HIS OPINION. - MR. FLiLLERTON -- NO, MR. MAHONEY VOTED
NO, MR. WADSWORTH VOTED NO, MRS. KILKELLY VOTED YES, MR.
LINDSEY VOTED YES, MR. THOMPSON VOTED NO AND MR. KRULIKOWSKI
VOTED NO. MOTION FAILS 5-2.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
MEMORANDUM
DATE
TO:
FROM:
SUBJ:
June 4, 1991
Bruce Cooper
Director of Commu~ty Development
Daniel C. Eckis~"'~
City Engineer-Public Works Director
525 Carnival Terrace
Site Inspection of raised wooden walkway for
pedestrian access across the drainage swale.
The bridge as constructed is aesthetically pleasing
with the surrounding landscaping. From a drainage standpoint
the bridge is constructed adequately above the existing flow
line and therefore it does not obstruct the conveyance of
stormwater runoff, however, I do have several reservations of
a wooden bridge within public right of way as follows:
The wooden structure wRll deteriorate and become unsound
at some time in the future, individuals
accessing the bridge may substain injury and
becoming a public liability.
Inspection of these wooden crossings will become a
potential nightmare for the Public Works department and
consequently there would be no way for the city to
insure their integrity during their design life.
The city would have to secure an agreement
from the homeowner stating that they would be
responsible to replace the structure if the structure
did deteriorate and it would become another code
enforcement problem,
City approved ditch crossings are less of a maintenance
problem, would have a longer life expec~.ancy than the wooden
bridges and would be in the cities best in%eres% to continue
the enforcement of culvert pipes under driveways.
DCE:ik
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 c~ FAX (407) 589-5570
SUBJECT: )
HISTORIC PRESERVATION GRANT-IN-AID )
APPLICATION, SEBASTIAN CITY HALL
Approved For Submittal
City Manager ~
Agenda No.
) Dept. Origin Community Deve!.ppment
) Date Submitted 6/03/91
)
) For Agenda Of
)
) Exhibits:
)
)
)
)
6/12/91 ......
Grant application package
Letter to Director, Division of
Historical Resources from Robert S.
McClary, May 30, 1991
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED,
SUMMARY STATEMENT
The City of Sebastian staff has prepared and presented to the Division of
Historical Resources, Bureau of Historic Preservation, in Tallahassee, an
application for a Historic Preservation Grant-In-Aid to renovate the
second floor of City Hall, returning to utility approximately 4500 square
feet contained in the second story; thus, doubling the amount of usable
office space presently available for City administration and operations.
Other related renovations, additions and improvements are included in the
project summary. Those renovations include necessary repairs to the roof,
restoration and return to functional operation of each of the double-hung-
sash windows throughout the building, and installation of an outside
elevator opening from the rear parking lot onto the second floor. All
renovations, repairs and additions will be made in conformance with
Florida Statutes, Chapter 553, Part V, and OSHA and the Secretary of
Interior's Standards.
The applicaton was due on May 31, 1991 and shall be reviewed by the State
in August 1991. City of Sebastian will not hear further regarding this
application until responses have been made by the Legislature during the
budget process. The Historic Preservation Advisory Council, the reviewing
body for this particular grant, will review the applications pursuant to
the criteria in 1A-35.O8(4), Rules of the Department of State, and
recommend those applications which should be included in the Department of
State's budget request to the 1992 Legislature. A level of funding (full
or partial) will be suggested for each project recommended for inclusion.
Page 2
The Advisory Council will also rank in priority order those projects which
it recommends. The Advisory Council will take into consideration which
applicants appear best able to take advantage of major funding within 21
months beginning on July 1, 1992 and ending on March 31, 1994.
City of Sebastian has noted in its application that budgeted funds will be
available during the period of time for which the grant is requested.
Those are additional to previously expended dollars totalling
approximately $120,200.00. Together, the planned and past expenditures
comprise a match of $200,000.00, which is well in excess of the $50,OOO.OO
local contribution required by the State for a Special Category historical
preservation project grant.
RECOMMENDED ACTION
No action is requested of the Council at this time. Approvals of
additional monies to meet our match requirement are contingent upon
approval by the State of this application and an agreement between the
State and the City of Sebastian regarding the amount of money funded.
This agenda item and the accompanying memorandum are for your advisement
only. Council action will be requested following State action.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE:
TO:
THROUGH,
FROM:
SUBJECT:
MEMORANDUM
June 4, 1991
Mayor W.E. Conyers & City Council
Robert S. McClary ~,~'~
City Manager ~
Catherine Hilt n= '
City Planner
Grant Applications
The Department of Community Development has undertaken to
research the availability of and request grant funding for
several City-sponsored development projects. All such
applications require considerable time to compile and must
include detailed documentation substantiating the requests.
For that reason, staff must restrict the applications made on
behalf of the City to a manageable number within each fiscal
year, given the constraints of staff size, time, and ready
information regarding projects under consideration by the
Council.
The itemized list includes:
a) The recently submitted grant applications (May 1991),
b) those planned for submission before the end of Fiscal
Year 1991, and
c) suggested future applications.
While this memorandum is advisory in nature, the council is
asked to review this list and make any suggestions regarding
additions or deletions to it that the members believe to be
appropriate, and to direct staff to follow up those
suggestions.
Other Council action will be recommended upon the State's
acknowledgment of the first two grants named. At the time of
successive application submissions, Council action will also
be requested, as necessitated by the requirements of the
individual applications.
GRANT REQUESTS MADE DURING FISCAL YEAR 1991
Recently Submitted Grant Applications:
1. SWIM (Surface Water Improvement and Management) Grant
request for surface water treatment improvements to Riverview
Park, Sebastian. 'Project planned for completion in current
fiscal year, FY 1991.
Submitted by the Sebastian River Watershed Action
Committee (SRWAC) to St. Johns River Water Management
District on May 7, 1991.
Request for $10,OOO maximum assistance approved
contingent on minor modifications to proposed retrofit
facility. City Engineer, F.I.T. (Florida Institute of
Technology) Engineer, and Consulting Engineer, Randy
L. Mosby & Associates are reaching an agreement
regarding those changes, to prepare bid packages
construction documents and let bids.
o City Council approved $21,OO0 local match at regular
public meeting on May 23, 1991.
2. Historic Preservation Grant-In-Aid request to complete
City Hall rehabilitation~ project planned for completion in
FY 1994.
Submitted by City of Sebastian to the Florida
Department of State Bureau of Historic Preservation on
May 31, 1991.
Request for $254,300 assistance to renovate City
Hall's second floor, roof, all windows, and add an
exterior elevator from the rear parking lot to the
second floor· Award of any f~nds is contingent upon
project approval and inclusion in the State's 1992
Fiscal Year Budget.
City expected to appropriate sufficient funds from the
Capital Projects Budgets for the targeted fiscal
years, FY 1992-1994, to support the local match
requirements established by the Department of State
(amounts to be set upon project approval by State).
Planned Grant Applications For FY 1991:
Florida's 1991 America the Beautiful (ATB) Urban and
Community Forestry Grant Programs, due June 28, 1991 for
50-50 matching grant up to $20,000 for any of a variety
of related projects considered viable uses of public
funding. Funds will be awarded by August 5, 1991, and
must be expended by August 30, 1992.
Page 2
Florida 1991-1992 Recreation Development Assistance
Program (FRDAP) Grant, due August 31, 1991 and expended
by the end of FY 1995. The funds are offered with a
sliding scale local match requirement up to 50% for
projects over $150,0OO. More than one application may
not be submitted during any one grant cycle nor may a
grantee administer more than two overlapping, incomplete
FRDAP grants simultaneously. The City has already
submitted the pre-application for facility improvements
in Riverfront Park (Riverview Park East) before May 31,
1991, and shall submit the final application for the
project by the deadline, August 31, 1991.
Land and Water Conservation Fund (LWCF) Program Grant,
due September 30, 1991 and expended by the end of FY
1994. The funds are offered with a 50-50 local match
requirement for all projects valued at $200,000.00 or
less (i.e. up to $1OO,O00 may be granted)~ the program is
administered by the Florida Department of Natural
Resources on behalf of the U.S. Department of the
Interior, National Park Service. Because federal funds
are employed for this grant, the City is subject to
specific planning and development restrictions. A pre-
application was already submitted before May 31, 1991 for
permitted improvements to Riverfront Park (Riverview Park
East). The final application for the project shall be
submitted by the September 30, 1991 deadline.
Other Possible Sources of Funding:
The City received application packages to access funding
assistance for specific public utilities and infrastructures.
Schedules for submission and documentation requirements are
particular to the individual applications. The Community
Development Office's scope of work and its size and time
constraints preclude completion of the forms, alone. Each
application shall necessitate extensive involvement by legal
counsel, the Engineering and Finance Departments and the City
Manager's office, at the appropriate time.
Application for Federal Assistance, U.S. Department of
Agriculture, Farmers Home Administration to secure a
revolving loan for water and sewer facility construction.
Dollars limited to applicant agency's ability to bond the
amount loaned. No deadline known.
Application for State Revolving Fund (SRF) Loan Program,
Florida Department of Environmental Regulation, Bureau of
Local Government Wastewater Financial Assistance to
secure a loan from the State of Florida for sanitary
wastewater facilities. Dollars are limited to their
Page 3
availability at the State level, the applicant agency's
bondability, and establishment of the priority list from
January to March of each funding cycle.
Application for Local Government Cooperative Assistance
Program, Florida Department of Transportation to secure a
50-50 match grant for improving traffic flow and reducing
traffic congestion on the state highway system. Dollars
are limited to their availability at the State level, and
establishment of the priority list from January to March
of each funding cycle.
Preservation 2000 funding from the Florida Department of
Community Affairs, Florida Communities Trust (still in
rule-making process), for State grant assistance for land
acquisition.
10. Other sources include Community Development Block grants
through the Department of Community Affairs, and land
acquisition assistance through Indian River County. Such
avenues can be identified at a future time.
CH/gk
grantapp.doc
cc: Planning & Zoning