HomeMy WebLinkAbout07101991 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBAST 'fixYy-c-6tmcI
REGULAR MEETING
WEDNESDAY7 juLY 10, 1991 - 7:00 P.M.
CITY
122~SMAI.____~REETn SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - No One Available
4. ROLL CALL
5. AGENDA MODIFICATIONS ~ADDITIONS AND/OR DELETiONS~
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLi~C INPUT ON AGENDA ITEMS
91.177
91.071
PRESENTATIONS
A. Presentation of Plaques to Parks and Recreation
Committee Members
B. Gerald Hartman - Hartman & Associates, Inc. and
Attorney Thomas Cloud - Gray, Harris, Robinson,
Kirschenbaum & Peeples - Water & Sewer Utility
Report (City Manager Recommendation dated 7/3/91)
91.013
91.013
91.012
9. PUBLIC HEARING, FINAL ACTION
A. ORDINANCE NO___~ 0-91-05 - Morchesky CLUP Amendment
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE
LAND USE PLAN MAP FROM INDIAN RIVER COUNTY LD2 DISTRICT
AND MXD DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR
LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY,
APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST
SiDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110
FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
(Advertised 1/4 page 1/16/91, 1st Reading and 1st Public
Hearing 1/23/91, Transmittal to DCA, Advertised 1/4 page
7/3/91, 2nd Public Hearing 7/10/91)
B. ORDINANCE NO__m. O-91-0~6 - Morchesky Rezoning
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY,
APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST
SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110
FEET SOUTH OF WOODMERE ROAD FROM COUNTY ZONING DISTRICTS
Al, RM6, AND IL TO CITY ZONING DISTRICT IN (INDUSTRIAL);
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (1st Reading
1/23/91, Advertised 6/26/91, Public Hearing 7/10/91)
C. ORDINANCE NO___~. O~-91-0~ - Fisher CLUP Amendment
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE
LAND USE PLAN MAp FROM COR (COMMERCIAL OFFICE
RESIDENTIAL) DISTRICT TO CG (COMMERCIAL GENERAL)
DISTRICT FOR LAND LOCATED IN THE NORTH CENTRAL AREA OF
~HE CITY, APPROXIMATELY 10 ACRES M .
APPROXIMATELY ONE-QUARTER MILF w~o~R~-O~-LESS' LOCATED
ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET
.... ~ us uS HIGHWAY 1,
AND NORTHWEST OF CROSS STREET; PROVIDING FOR A COPY OF
THE DESIGNATION CHANGE TO THE COMPREHENSIVE LAND USE
PLAN MAp TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Advertised 1/4 page 1/16/91, 1st Reading and 1st
Public Hearing 1/23/91, Transmittal to DCA,
Advertised 1/4 page 7/3/91 2nd Public Hearing
7/10/91) ,
2
91.012
91.152
91.126
D. ORDINANCE NO. 0-91-08 - Fisher Rezoning
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN
PROPERTY IN THE NORTH CENTRAL AREA OF THE CITY,
APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED
APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1,
ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET
AND NORTHWEST OF CROSS STREET, FROM COR (COMMERCIAL
OFFICE RESIDENTIAL) ZONING DISTRICT TO CG (COMMERCIAL
GENERAL) ZONING DISTRICT; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 1/23/91, Advertised
6/26/91, Public Hearing 7/10/91)
ORDINANCE NO. O-91-15 - Handbill Distribution
Regulation
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. (lst
Reading 6/12/91, Advertised 6/2/91, Public Hearing
7/10/91)
F. ORDINANCE NO. 0-91-18 - Nuisance Regulation
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.
(lst Reading 6/12/91, Advertised 6/2/91, Public Hearing
7/10/91)
3
91.175
91.142
91.168
91.178
91.179
91.180
91.181
10.
ORDINANCE NO. 0-91-19 - Subpeona Powers and
Grandfathering of Specialty (Floor Covering)
Contractors
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE Vii OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CONTRACTORS; AMENDING SECTION 7-95 TO PROVIDE THE
CONSTRUCTION BOARD AND ALLEGED VIOLATORS WITH SUBPOENA
POWER; AMENDING SECTION 7-103 TO PROVIDE FOR ISSUING
COMPETENCY CARDS TO CONTRACTORS WHO HAVE VALID AND
ACTIVE CERTIFICATE OF COMPETENCY ISSUED BY INDIAN RIVER
COUNTY, FLORIDA, UNDER CERTAIN CIRCUMSTANCES; 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 A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(lst Reading 6/26/91, Advertised 6/28/91 Public Hearing
7/10/91) '
CONSENT AGENDA
A. Approval of Minutes - 6/26/91 Regular Meeting
Establish Time Restraints - Sign at Riverview Park
for Riverside Assembly of God Youth Rally (Staff
Recommendation dated 7/2/91, City Clerk Letter
dated 2/15/91)
Side Lot Drainage Culverts (Staff Recommendation
dated 7/3/91, City Engineer Memos dated 7/3/91
and 6/19/91, Property Owner Letter [Undated])
Waiver of Bid Procedure - Renovate Davis Street
Storm Drain Pipes - Extend Fischer & Sons Contract
(Staff Recommendation dated 7/3/91, City Engineer
Memo dated 7/3/91, Sketch of Proposed Improvements)
William Bertram - Request to Remove Specimen Tree
(Staff Recommendation dated 7/2/91 Application,
Survey) '
Holiday Builders, Inc. - Request to Remove
Specimen Trees - Lot 10, Block 44, Unit 2,
Sebastian Highlands (Staff Recommendation dated
7/3/91, Application, Survey)
National Small Business Tree Planting Program
(Florida) Grant (Staff Recommendation dated 7/3/91,
City Manager Letter dated 7/2/91, Application
Instructions)
4
91.182
91.176
91.183
91.184
91.185
11.
12.
13.
H. RESOLUTION NO. R-91-22 - Abandonment of Easement
(R-91-22, Eckis Memo 'dated 6/25/91, Application,
Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE SOUTH 10 FEET OF
PARCEL 1, TRACT P, AND THE NORTH 10 FEET OF PARCEL 2,
TRACT P, SEBASTIAN HIGHLANDS, UNIT 2 ACCORDING TO THE
PLAT THEREOF, RECORDED IN PBI 5/35, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
I. RESOLUTION NO. R-91-23 - America the Beautiful
Grant
A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CiTY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING
THE CITY MANAGER AND HIS STAFF TO ENTER INTO AN URBAN
AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT
WITH THE STATE OF FLORDIA, DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
J. RESOLUTION NO. R-91-24 - Abandonment of Easement
(R-91-23, City Engineer Memo dated 6/25/91,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE NORTHWEST SIX (6) FEET
OF LOT 15, BLOCK 196 AND THE SOUTHEAST SIX (6) FEET OF
LOT 16, BLOCK 196, SEBASTIAN HIGHLANDS UNIT 10;
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6/37K
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
K. Request Community Center Use - A/B - Marsha
Raynor - 7/20/91 - 9:00 p.m. to 1:00 a.m. - DOB -
8/9/50 - Security Paid (Application)
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
NEW BUSINESS
Legislative "Special Acts" (City Manager Recommen-
dation dated 7/2/91, Sembler Memo dated 6/26/91,
City Manager Memo dated 6/7/90, City Attorney
Letter dated 11/28/90, P & Z Memo dated 8/15/89)
5
14.
15.
16.
17.
18.
19.
MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
CIT_~Y MANAGE_~R MATTERS
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
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.)
6
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Water & 8ewer
Approved For sUbmittal By:
city Manager ~~'
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AMOUNT
Dept~ of Oriqin: city Manager
Date submitte~: ~
For &genOa Of: 9-~
EXhibits:
~PPROPRI~TION
EXPENDITURE
p~QUIRED:
BUDGETED:
REQUIRED:
SUM~4_ARY STATEMENT.
At its Regular Meeting of June 26th, the Sebastian City council
formally received a report from its consulting engineers, Hartman
& Associates, Inc., and its special legal counsel, Thomas Cloud.
The report detailed findings and recommendations of the city
providing water and waste water services within the city limits.
The report concluded that it is in the city's best interest to
pursue the acquisition of the water and waste water facilities
owned by both GDU and Indian River County, which are situated
within the city. The report further recommends that the City
begin to ,,unbuckle" current agreements with Indian River County
and to replace those agreements with new inter-local agreements
which address service areas, flow diversions, cooperation, inter-
and host of
' S,
connection wholesaling, transmission cost sharing
other issues.
I encourage the city council to look at its actions in getting
into the water and waste water utilities as an ,,irrevocable"
decision. Indian River County has been more than cooperative
with the city in both providing water and sewer services within
the city and agreeing to relinquish its franchise and work with
the city to allow the city to provide water and sewer services
within the city. However, we should not view Indian River county
as a safety net should we pursue providing water and waste water
services. In other words, we should be prepared to make
immediate and long term commitments to plan, implement, and
provide services to the city. To that end, the City should be
taking certain steps immediately to begin the lengthy process of
developing water and waste water services to the City.
First, the City should appoint its initial Utilities Department
staff, consisting of, at a minimum, a Utilities Director and
support services. The City should have a Utilities Director on
board to build the Utilities Department from from the ground up.
Initially, the Utilities Department will be the coordinator
between all the efforts to unbuckle County agreements and to
acquire GDU and certain County facilities. This will mean
coordinating and developing strategies involving legal,
engineering, financial, and public relations efforts. Second, the
City will need to appoint consulting engineers to assist in the
negotiations with the County but more importantly in the required
engineering evaluations for the acquisition of the GDU
facilities. Third, the City will need to appoint special legal
counsel whose experience and expertise lies in the field of
publicly owned utilities and public acquisitions of private
utility systems.
RECOMMENDED,ACTION
I recommend that the City Council initiate three (3) concurrent
efforts:
1. Authorize the position of Utilities Director and
clerical support and direct the City Manager to hire individuals
to these positions.
2. To engage special legal counsel. Givgn Tom Cloud's
unique neg~tia~e~.a~n
engagement with him.
3. To engage consulting engineers. The engagement of
consulting engineers must be in compliance of Chapter 287,
Florida Statutes, known as the "Consultants Competitive
Negotiations Act".
ORDINANCE NO. 0-91-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE iN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE
LAND USE PLAN MAP FROM INDIAN RIVER COUNTY LD2 DISTRICT
AND MXD DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR
LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY,
APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST
SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110
FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owners of the parcels of property described
~rein have petitioned the City of Sebastian to voluntarily annex
aid parcels of property; and
WHEREAS, the City Council has found and determined that the
nnexation of said parcels of property are in the best interests
f the City of Sebastian and have annexed said parcels into the
ity; and
WHEREAS, it is necessary to amend the Comprehensive Land Use
lan of the City of Sebastian to reflect the addition of these
arcels of property to the land area incorporated within the City
imits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
ITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. PROPERTY. That the land use change enacted by
he adoption of this Ordinance shall apply to the following
escribed real property, now lying and being within the
ncorporated area of the City of Sebastian, indian River County,
lorida:
Parcel 1 - The North half of the South half of the
Northwest 1/4 of the Northeast 1/4 of Section 7,
Township 31 South, Range 39 East, said land lying and
being in Indian River County, Florida.
Parcel 2 - Beginning 772.92 feet south of the Northwest
angle of Lot 1, in Section 7, Township 31 South, Range
39 East, said point being the intersection of the
Westerly right-of-way of Old Dixie Highway and the West
line of said Lot 1, Section 7, Township 31 South, Range
39 East; thence run south a distance of 217.08 feet;
thence run east a distance of 98.30 feet to the said
Westerly right-of-way of Old United States Highway 1;
thence run Northwesterly along said West right-of-way a
distance of 238.61 feet more or less to the point of
Beginning.
SECTION 2. DESIGNATION. That the Comprehensive Land Use
Plan Map shall be amended to reflect a designation of IN
(Industrial) for the property which is the subject of this
Ordinance.
SECTION 3. NOTIFICATION. That the City shall send a
certified copy of this Comprehensive Land Use Plan Map
designation change to the Department of Community Affairs of the
State of Florida.
SECTION 4. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 5. SEVERABILITY. In the event a court of
competent 3urisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
this Ordinance shall not be affected and it will be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
2
is Ordinance without said invalid and unconstitutional
~vision, thereby causing said remainder to remain in full force
effect.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take
fect immediately upon final passage.
The foregoing Ordinance was moved for adoption by Councilman
· The motion was seconded by Councilman
and, upon being put into a vote,
e vote was as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
[opted this day of , 1991.
CITY OF SEBASTIAN, FLORIDA
By:
,TEST:
Lthryn M. O'Halloran, CMC/AAE
Clerk
3
I HEREBY CERTIFY that two notices of public hearing on this
Ordinance were published in the Vero Beach Press Journal as
required by State Statute, and that two public hearings hereon
were held at City Hall, City of Sebastian, the first on the
day of, 19___, followed by transmitta~
Department of Community Affairs of the State of Florida, and the
second on the day of , 19 , at which time
this Ordinance was adopted by the City Council'S'
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
4
ORDINANCE NO. 0-91-06
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY,
APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST
SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110
FEET SOUTH OF WOODMERE ROAD FROM COUNTY ZONING
DISTRICTS Al, RM6, AND IL TO CITY ZONING DISTRICT IN
(INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owners of the parcels of property described
herein have petitioned the City of Sebastian for an amendment to
the zoning ordinance; and
WHEREAS, the City Council has provided notice of the
proposed zoning change and conducted a public hearing to receive
citizen input; and
WHEREAS, the City Council has considered the criteria
identified in Section 20A-11.6(C) of the Land Development Code
together with the recommended findings and recommendations of its
staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has determined that the requested
change in zoning is consistent with the Comprehensive Land Use
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. PROPERTY. That the change in zoning
classification created by the adoption of this Ordinance shall
apply to the the following described real property:
Parcel 1 - The North half of the South half of the
Northwest 1/4 of the Northeast 1/4 of Section 7,
Township 31 South, Range 39 East, said land lying and
being in Indian River County, Florida.
Parcel 2 - Beginning 772.92 feet south of the Northwest
angle of Lot 1, in Section 7, Township 31 South, Range
39 East, said point being the intersection of the
Westerly right-of-way of Old Dixie Highway and the West
line of said Lot 1, Section 7, Township 31 South, Range
39 East; thence run south a distance of 217.08 feet;
thence run east a distance of 98.30 feet to the said
Westerly right-of-way of Old United States Highway 1;
thence run Northwesterly along said West right-of-way a
distance of 238.61 feet more or less to the point of
Beginning.
SECTION 2. DISTRICT. That the real property described in
this Ordinance is hereby rezoned from County District Al, RM6,
and IL, to City Zoning District IN (Industrial). The official
City Zoning Map shall be amended to reflect this change in zoning
district.
.SECTION 3--. CONFLICT. Ail ordinances or Darts of ordinances
in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY. In the event a court of
competent 3urisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
this Ordinance shall not be affected and it will be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
2
SECTION 5.
EFFECTIVE DATE.
This Ordinance shall take
effect immediately upon final passage.
The foregoing Ordinance was moved for adoption by Councilman
The motion was seconded by Councilman
and, upon being put into a vote,
the vote was as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1991.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST:
Kathryn M. O'Halloran, CMC/AA~
City Clerk
3
I HEREBY CERTIFY that a 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 on the day of , 19 and that
following said public hearing, this Ordinance was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles ian Nash, City Attorney
4
ORDTNANCE NO.: 0-91-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE
LAND USE PLAN MAP FROM COR (COM2(ERCIAL OFFICE
RESIDENTIAL) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT
FOR LAND LOCATED IN THE NORTH CENTRAL AREA OF THE CITY,
APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED
APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1, ALSO
DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND
NORTHWEST OF CROSS STREET; PROVIDING FOR A COPY OF THE
DESIGNATION CHANGE TO THE COMPREHENSIVE L~NDUSE PL~NMAP
TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, SEBASTIAN DEVELOPMENT PROJECT, INC., the owner of the
parcel of real property described herein has applied to the City
of Sebastian for an amendment to the current land use designation;
and
WHEREAS, on December 20, 1990, the Planning and Zoning
Commission conducted a public hearing on the requested amendment
to the Comprehensive Land Use Plan amendment and has submitted a
recommendation in favor of the proposed change of the Comprehensive
Land Use Plan to the city Council; and
WHEREAS, the City Council has provided notice of the proposed
change to the existing Comprehensive Land Use Plan and conducted
a public hearing to receive citizen input; and
WHEREAS, the City Council has considered the provisions of
the existing Comprehensive Land Use Plan together with the
recommended findings and recommendations of its staff and the
Planning and Zoning Commission; and
WHEREAS, the city Council has determined that the requested
change in the Comprehensive Land Use Plan is consistent with the
future development of the area where the subject property is
located.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDI/%N RIVER COUNTY, FLORIDA, as follows:
Section ,~.
PROPERTY. That the land use change enacted
by the adoption of this Ordinance shall apply to the following
described real property:
Ail of Government Lot 2, Section 6, Township 31 South, Range
39 East, except the following two parcels of land:
PARCEL #1: Begin at the SE corner of said Government
Lot 2, run North 248.7 feet, thence West 417.4 feet,
thence South 248.7 feet, thence East 417.4 feet to Point
of Beginning.
PARCEL #2: Begin 237.6 feet South of the NE corner of
said Government Lot 2, Section 6, which is also the
intersection of the SE line of the Fleming Grant and the
East line of said Government Lot 2, thence run South
245.5 feet, thence West to the SE line of the Fleming
Grant Line, thence Northeasterly along said Fleming Grant
Line to the intersection of said line with the East line
of said Government Lot 2 which is the Point of Beginning.
Section ~.~ DESIGNATION. That the Comprehensive Land Use
Plan Map shall be amended to reflect a designation of CG
(Commercial General) for the real property that is the subject of
this Ordinance.
Section 3. NOTIFICATION. That the City Clerk shall send
a certified copy of this Comprehensive Land Use Plan Map
designation change to the Florida Department of Community Affairs.
Section 4. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section5. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the city Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
The foregoing Ordinance was moved for adoption by
Councilman . The motion was seconded
by Councilman and, upon being put to a
vote, the vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of . , 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 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 Ordinance at 7:00 p.m. on
the day of , 1991, and that following the following
the second public hearing this Ordinance was passed by the City
Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
4
ORDIN~CE NO.: 0-9~-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN
PROPERTY IN THE NORTH CENTRAL AREA OF THE CITY,
APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED
APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1, ALSO
DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND
NORTHWEST OF CROSS STREET, FROM C0R (COMMERCIAL OFFICE
RESIDENTIAL) ZONING DISTRICT TO CG (COMMERCIAL GENERAL)
ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, SEBASTIAN DEVELOPMENT PROJECT, INC., the owner of the
parcel of real property described herein, has applied to the City
of Sebastian for an amendment to the current zoning classification;
and
WHEREAS, on December 20, 1990, the Planning and Zoning
Commission conducted a public hearing on the requested zoning
change and has submitted a recommendation in favor of the proposed
change of zoning to the city Council; and
WHEREAS, the City Council has provided notice of the proposed
zoning change and conducted a public hearing to receive citizen
input; and
WHEREAS, the City Council has considered the criteria
identified in Section 20A-11.6(C) of the Land Development Code
together with the recommended findings and recommendations of its
staff and the Planning and Zoning Commission; and
WHEREAS, the city Council has determined that the requested
change in zoning is consistent with the Comprehensive Land Use
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTY. That the change in zoning
classification created by the adoption of this Ordinance shall
apply to the following described real property:
Ail of Government Lot 2, Section 6, Township 31 South, Range
39 East, except the following two parcels of land:
PARCEL #1: Begin at the SE corner of said Government
Lot 2, run North 248.7 feet, thence West 417.4 feet,
thence South 248.7 feet, thence East 417.4 feet to Point
of Beginning.
PARCEL #2: Begin 237.6 feet South of the NE corner of
said Government Lot 2, Section 6, which is also the
intersection of the SE line of the Fleming Grant and the
East line of said Government Lot 2, thence run South
245.5 feet, thence West to the SE line of the Fleming
Grant Line, thence Northeasterly along said Fleming Grant
Line to the intersection of said line with the East line
of said Government Lot 2 which is the Point of Beginning.
Section 2. DISTRICT. That the real property described
in this Ordinance is hereby rezoned from City zoning district COR
(Commercial Office Residential) to City zoning district CG
(Commercial General). The official City Zoning Map shall be
amended to reflect this change in zoning district.
Section 3. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
The foregoing Ordinance was moved for adoption by
Councilman The motion was seconded
by Councilman and, upon being put to a
vote, the vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1991.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
3
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 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
ORDINANCE NO.: 0-91-15
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. All 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'Ha'ilo~an,
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 Ordin~h~ was passed
by the City Council.
Kathryn M. O'Halioran,
CMC/AAE, City Clerk
Approved as to Form and Content:
~ha~16~ Ian NaSh,
City Attorney
5
ORDINANCE NO. 0-91-18
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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Chapter 16 of the Code of Ordinances of the
City of Sebastian is hereby amended in its entirety to read as
follows:
"Sec. 16-1. Definitions.
1. Nuisance: For the purposes of this chapter, the word
"nuisance" is hereby defined as any person doing any unlawful
act, or omitting to perform a duty, or suffering or permitting
any condition or thing to be or exist, which act, omission,
condition or thing either:
(a) Injures or endangers the comfort, repose, health or
safety of others; or
(b)Offends decency; or
(c)Is offensive to the senses; or
(d) Unlawfully interferes with, obstructs or tends to
obstruct or renders dangerous for passage any public
or private street, highway, sidewalk, stream, ditch
or drainage; or
(e) In any way renders other persons insecure in life
or the use of property; or
(f) Essentially interferes with comfortable enjoyment
of life and property, or tends to depreciate the
value of the property of others.
2. Improved real property: Any lot, tract or parcel of land
upon which a structure of any kind or type has been
either placed or constructed. Improved real property
shall not include property which is otherwise unimproved
except to the extent that a dock or similar structure has
been constructed pursuant to §20A-5.7(D) of the Land
Development Code of the City of Sebastian.
3. Unimproved real property: Any lot, tract or parcel of
land that does not have any structure of any kind or type
either placed or constructed upon it.
Sec. 16-1.1. Council intent.
The city council of the city finds and determines that the
continuous growth and urban development of this city require the
reasonable and effective control and regulation of excessive growth
and accumulation of weeds, under growth and other plant life to the
extent and in such manner as to cause infestation by rodents and
other health endangering wild animals, the breeding of mosquitos
and vermin or to threaten or endanger the public health, or
adversely affect and impair the economic welfare or adjacent
property. These findings are not to be construed to be in conflict
with the intent of the council to encourage the protection of trees
in this community. Further, the council finds and determines that
the accumulation of garbage and trash and the accumulation, storage
and maintenance of junk of trash requires reasonable and effective
control to protect the public health, safety and welfare of the
community.
Seo. 16-2. Illustrative enumeration.
The maintaining, using, placing, depositing, leaving or permitting
to be or remain on any public or private property of any of the
following items, conditions or actions are hereby declared to be
and constitute a nuisance; provided, however, this enumeration
shall not be deemed or construed to be conclusive, limiting or
restrictive:
(1) Accumulation of trash, litter, debris, garbage, bottles,
paper, cans, rags, dead or decayed fish, fowl, meat or
other animal matter; fruit, vegetables, offal, bricks,
concrete, scrap lumber or other building debris or other
refuse of any nature;
(2) Any condition which harborage for rats, mice, snakes and
3
other vermin;
(3) Any building or other structure which is in such a
dilapidated condition that it is unfit for human
habitation, or kept in such an unsanitary condition that
it is a menace to the health of people residing in the
vicinity thereof, or presents a more than ordinarily
dangerous fire hazard in the vicinity where it is
located;
(4) Ail unnecessary or unauthorized noises and annoying
vibrations, including animal noises;
(5) Ail disagreeable or obnoxious odors and stenches, as well
as the conditions, substances or other causes which give
rise to the emission or generation of such odors and
stenches;
(6) The carcasses of animals or fowl not disposed of within
a reasonable time after death;
(7) The pollution of any public well or cistern, stream,
lake, canal or body of water by sewage, dead animals,
creamery, industrial waters or other substances;
(8) Any building, structure or other place or location where
any activity which is in violation of local, state, or
federal law is conducted, performed or maintained;
(9) Any accumulation of stagnant water permitted or
maintained on any lot or piece of ground excluding
drainage facilities contained in public rights of way or
easements as authorized by the City of Sebastian;
(10) Dense smoke, noxious fumes, gas, soot or cinders, in
unreasonable quantities;
(11) Growth of weeds, grass, undergrowth or other
vegetation, upon improved real property, to a height
of ten (10) inches or more.
Sec. 16-2.1. Notice of violation -- Generally.
Upon the failure of the owner or owners of any lot, parcel or tract
of land within the city to keep such premises free of weeds, grass
and undergrowth of a height of ten (10) inches or more from the
ground, or of rubbish, trash, debris, dead trees, or other
unsightly or unsanitary matter, or to keep such premises free of
excavations or depressions, or other nuisances as provided in
section 16-2, provided above, then it shall be the duty of the
building official or his designee, to give such notice to such
owner or owners of his violation of this article and to demand
elimination of the violation within fifteen (15) days after the
receipt, or posting, of such notice.
Sec. 16-3. Same -- Procedure and form.
The notice required by section 16-2.1, above, shall be given by
certified mail, addressed to the owner or owners of the property
described, as their names and addresses are then shown upon the tax
roll of the county property appraiser, as of the date received (or
posted). In the event that such notice is returned by postal
authorities without evidencing receipt thereof, the building
official, or his designee, shall cause a copy of the notice to be
served by a police officer of the city upon the occupant of the
5
property, or upon any agent of the owner thereof, if located in
Indian River County. In the event that personal service upon the
occupant of the property or upon any agent of the owner thereof
cannot be performed after two (2) attempts by such officer, the
notice shall be accomplished by physically posting same on the said
property.
The notice shall be in substantially the following form:
NOTICE OF PUBLIC NUISANCE
Name of owner
Address of owner
Public records indicate that you are the owner(s) of the following
property in the City of Sebastian, Florida:
(describe property)
An inspection of this property discloses, and the building
department has found and determined that a condition exists thereon
which is a violation of section 16-2 or 16-3 of the Code of
Ordinances of the City of Sebastian in that:
(describe here the condition which
places the property in violation)
You are hereby notified that unless the condition above described
is remedied so as to make it nonviolative of said section 16-2 of
the Code of Ordinances of said city within fifteen (15) days from
the date of receipt hereof, the City of Sebastian will proceed to
remedy this condition and the expenses, will be imposed as a lien
on the property if not paid within fourteen (14) days after receipt
of billing. If you have any questions, please phone the code
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
By
Building Official
Sec. L6-4. 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 remediedbythe city and lien 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.
Se.. 16-6o Sanitary 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 requlatlons authorized; adopte~yreference.
The city manager is hereby authorized to promulgate and adopt such
reasonable r~les 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."
~ CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
~ 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.
~ec~oD 4. SEFEP~BILITY. 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.
S~ction 5. EFFECTIFEDATE. 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
ORDINANCE NO.: O-91-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, P~MENDING ARTICLE Vii OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CONTRACTORS~ ~MENDING SECTION 7-95 TO PROVIDE THE
CONSTRUCTION BOARD AND ALLEGED VIOLATORS WITH SUBPOENA
POWER~ AMENDING SECTION ?-103 TO PROVIDE FOR ISSUING
COMPETENCY CARDS TO CONTRACTORS WHOHAVEVALIDANDACTIVE
CERTIFICATE OF COMPETENCY ISSUED BY INDIAN RIVER COUNTY,
FLORIDA, UNDER CERTAIN CIRCUMSTANCES~ 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 A
SEVERABILITY CLAUSE~ AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the construction industry is a matter substantially
affecting the public interest; and,
WHEREAS, to protect the health, safety and general welfare of
the public, it is necessary to ensure that individuals and entities
engaged in the construction industry are duly qualified and that
construction is performed in accordance with the Code of ordinances
of the City of Sebastian; and,
WHEREAS, certain measures can be taken to better regulate the
construction industry and enforce the laws and ordinances enacted
to protect the public health, safety and general welfare; and,
WHEREAS, the City Council of the City of Sebastian has
determined that the construction board should possess certain
subpoena powers, and that certain contractors that possess a valid
and active certificate of competency issued by indian River County,
Florida, as of a date certain should be able to receive a
certificate of competency from the construction board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Section 7-95 of the Code of ordinances of the
City of Sebastian is hereby amended by deleting the existing
Section 7-95 in its entirety and adding the following new
provisions in lieu thereof to read as follows:
"Sec. 7-95. Subpoena Powers.
The board shall have the authority to subpoena alleged
violators and witnesses to its hearings. The City, the board or
the alleged violator may request that witnesses and records be
subpoenaed to any emergency or formal hearing. Subpoenas shall be
served in the same manner as civil subpoenas are served under
Florida Statutes and the Florida civil Rules of Procedure. The
chairman of the board shall provide the clerk with sufficient
signed and blank witness subpoenas to be provided to alleged
violators and the City Attorney for the purpose of subpoenaing
witnesses and records."
Section 2. Section 7-103 of the Code of Ordinances of the
City of Sebastian is hereby amended by amending existing subsection
(c) in its entirety to read as follows:
"(c) Any contractor who possesses a valid and active
certificate of competency issued by Indian River County, Florida,
as of July 10, 1991, shall be entitled to have a comparable
certificate of competency issued by the board. In addition, any
floor covering contractor who possesses a valid and active
certificate of competency issued by Indian River County, Florida,
on or before December 31, 1991, shall be entitled to have a
2
comparable certificate of competency issued by the board."
Section 3. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
~ 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 change to "Section", "Article" or other
appropriate designations.
Section 5. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing ordinance was moved for adoption by Councilman
The motion was seconded by
3
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
4
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
SUBJECT~
ESTABLISH TIME RESTRAINTS FOR
A SIGN AT RIVERVIEW PARK FOR
RIVERSIDE CHURCH
Approved For Submittal By~
City Manager ~W"~/F
.o. q//¢2__
Dept. Origin Community Development
(BC)~
Date Submitted 7/O2/9!
)
) For Agenda Of
)
) Exhibits:
)
)
)
)
7/10/91
Letter dated February 15, 1991 from
Kathryn O'Halloran
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular council meeting of June 26, 1991, the City Council approved
the request for Riverside Church to erect a sign at the Riverview Park for
its youth rally but, reserved the length of time prior to the event in
order to establish past precedence the City Council has given for these
types of request. In reviewing the approval given to the Sebastian River
Classic, the City Council approved the sign to be erected three weeks in
advance of the event.
RECOMMENDED ACTION
Move to approve the request for a sign for Riverside Church to be placed
not more than two (2) weeks in advance of their youth rally.
City of Sebastian
POST OFFICE BOX 780127 ~3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
February 15, 1991
Ron C. Harsh
986 Montrose Avenue
Sebastian, FL 32958
Dear Mr. Harsh:
The City Council, at their Regular Meeting of February 13, 1991,
denied your request for alcoholic beverages in Riverview Park,
and waived the sign requirement for the Sebastian River Classic.
The sign may be placed no more than three weeks in advance, and
the location of the sign must be coordinated with Bruce Cooper
Director of Community Development. '
Thank you for your anticipated cooperation.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
KO:lml
City of Sebastian
POET OFFICE BOX 780121 a ~EBA~TIAN. FLORIDA ~2g78
TELEPHONE {407) ~89-E330
FAX 407-$99-S$?0
SUBJECT:
Side Lot Drainage
Culverts
Approved For Submittal By:
City Manager
i nq
Date Submitted 7-3-91
For Agenda Of 7-10-91
Exhibits! City Engineer
Memo's dated 7-3-91 and 6-19-91
Property owners letter (undated)
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED~
SUMMARY STATEMENT
As requested by the City Council meeting of June 26, 1991, I have made an
!evaluation of RCP verses CMP. As City Engineer, I recommend the installation
lof RCP in lieu of CMP. The two property owners on Wentworth have asked that the
City consider amending the side lot culvert agreement to transfer responsibility
of maintenance of the culverts to the City rather than the property owners and that
:the City pay the cos~ difference f~om the standard 24!' CMP and the larger pipe
isize that is required. Staff has reviewed this request and find it to be reasonable
and the City should make every effort to encourage property owners to install
iculvert pipes and to participate in the cost under certain circumstances where it
,requires pipe sizes larger than the standard 24" culvert.
RECOMMENDED ACTION
iMove to approve the request of the property owners on Wentworth Street for the
!City to pay part of the cost to install approximately 125 feet of 30" RCP sidelot
drainage culvert the City's expenditures would be the difference between 24" CMP
and 30" RCP and not to exceed $2000.
· Move to direct staff to make recommendations to the City's current side lot
drainage agreement to transfer the maintenance responsibility from the property
owner to the city and to allow the city to pay the excess cost of a required
culvert that exceeds 24" in diameter and that culverts would be installed subject
'to the issuance of permits by the City Engineer.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE;
July 3, 1991
TO;
FROM;
THROUGH:
Mayor and City Council
Daniel C. Ecki$~
City Engineer -~'
Robert S. McClary
City Manager
RE: Evaluation of culvert pipe installation
As requesteed by the Ciy Council on June 26, I have made an
evaluation of the culvert piping material to be used for
sidelot drainage pipes. I have contact, ed a local supplier
for the cost of material and a local contractor for the cost
of installation, the breakdown is as follows:
RCP CMP CAP POLYETHYLENE
18" 7.75 6.56 8.00 7.42
EXCAVATION 6.30 4.20 4.20 4.20
TOTAL 14.05 10.76 12.20 11.62
24" 11.75 8,60 10.70 13.15
EXCAVATION 6.30 4.20 4.20 4.20
TOTAL 18.05 12.80 14,90 17.35
30" 16.65 12.70 16,60' 23.10
EXCAVATION 7.90 4.90 4.90 4.90
TOTAL 24.55 17.60 21.50 28.00
36" 23.10 16.50 19.90 31.90
EXCAVATION 7.90 4.90 4.90 4.90
TOTAL 31.00 21,40 24.80 36.80
As indicated from the table RCP is the most expensive culvert
pipe whereas the CMP is the least expensive. The average
cost difference is $1.67 per lineal foot. If 125 LF of pipe
is installed then the additional cost on the average would be
approximately $210. The concrete pipe will last three to
four times longer and has better flow characteristics then
the meial pipe, The better flow characteristics will allow a
30" RCP culvert to be installed where a 36" CMP is required.
Therefore the cost difference between a 30" RCP and a 36" CMP
for 125 feet would be approximately $400. However, if the
city agrees to pay the difference between the standard 24"
CMP and a 30" RCP then the additional cost to the City for
$125 feet would be approximately $1500. The property owner
would still be responsible to furnish and instal~the mitered
end sections at his ~wn .expense. '~...~_~
As indicated in a previous memo to the City Council every
effort should be taken to encourage the property owners to
install sidelot .drainage ditches where ever possible. Two
ways in which the City can encourage these property owners
would be (1) to a~ree to pay the cost difference between a
standard 24" CMP and the required large~ diameter pipe up to
a maximum of less then $2000 and (2) direct staff to prepare
a resolution to amend the culvert side lot agreement to
transfer the maintenance responsibility from the property
owner to the city and to make it retroactive for all the
existing side lot drainage pipes that have been installed.
City of Sebastian
POgT OFFICE BOX 7~0t~7 n $EBAaTIAN. FLORIDA
TELEPHONE (407) 699-1~30
FAX 401-B8945510
SUB~ECTt
to renovate Davis Street Storm
Drain Pipes.
Waiver of Bid Required ) Age.da No. ~/' / q
° Dept. Orig Enoln~erino
)
) DS%e Submi%~ed 7-3-91
Approved For Submi~e!
C4%y Manager
For Agenda Of ~-10-91
Exhibits! Engineers Memo dated
7-3-91, Engs. Sketch of Proposed
Drainage Improvements on Davis St.
EXPgNDITURg AMOUNT APPROPRIATION
REQUIRED: BUDGETED: R~QUIREDt
SU~4ARY STATEMENT
Davis Street Storm Drainage has failed in severallocations and should
be replaced. A portion of pipe has been contracted to be replaced by
Fischer and Sons. The construction of a multi-family complex on Davis
has caused the Public Works Department to consider installing pipe along
Davis Street to avoid cutting 'and replacing the proposed concrete
driveways if the pipe can be installed in a timely manner.
RECOMMENDED ACTION
Move to waive bidding requirements to extend the Fischer and Sons
contract in excess of $2000 to allow the timely installation of culvert
pipe on Davis Street to save the future expenditures of removing and
replacing the two proposed driveways.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE;
July 3, 1991
TO:
FROM:
Mayor and City Council
Daniel C. Eckis,
City Engineer
THROUGH: Robert S. McClary
City Manager
RE: Dav:c Street Drainange impr'ovemenrs
Davi~-' sireet stormwater D!^ainaue conveyance sys%em >- ~
- ~ been
identified ~o be r'eabilitiated and reoiaced as required.
Within my ~irst week the cutverl side unaer bavi~ D+ ~
the intersection of Indian R~ver Drive hag opened uc 2n
several joints and allowed ~.he fii] under the road bed %o
washout and cause voids. As a consequence Davis Street has
opened up in sever'al areas, an e~fort was made ~.o replace the
culvert pipe but because of e:.::treme saturated groundwater
condixions the city was unable te inst. all the bide. The
existing culvert was proposed to be rep'aced and a precast.
inlet is now locat, ed on site. i have. cont~czed Fischer and
Sons 5o,~_._.ola~.e ~ ................. ~' ' aDpr'oximat, ety 56 fee~ of '?~" ,~n,-~.~+~c .... metal
.DiDe. and %o ins%all the catch basin on the south s:''de which
is indi~ared~ on the a~tached sketch as r,_h~,e:,~ One.
Fol!ow~ng my direction to Fischer and Sons a mu'ti family
complex immediately west of the Droposed culvert :nstal!ation
has co~enced construction. Plans indicates that there w:
be two proposed driveways onto Davis Sir'eat over the existing
storm drainage system slated to be r"enovazed within the
year.
. et.. ~,ms.~ nda ion tha.~, pr: or + o ~he: cons%ruc%
ef the two drJ. vewa!,s, that Fischer and Sons be a~ lowed
co~lti~ue ',,nd~ 5. heir con%tact To ' ~'-
along Davi=., S+,.-~et~ .... - Cc.. a Do~nt_ w~et of 5he DFOpe!-'Ty line. re an
exis~.:nc ditch Rehinc ~he FPL COrnDOhtr~d T'h~' cost f'or ~h
waive the biddina reauirements tc, ~nszail tl-:e culvert Dime
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: REQUEST TO REMOVE
SPECIMEN TREES FROM HOLIDAY
BUILDERS, INC.
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin Community Development
Date Submitted 7/3/91
For Agenda Of 7/10/91
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, Holiday Builders, Inc., is requesting to construct a single
family residence on Lot 10, Block 44, Sebastian Highlands Unit 2. The
construction will necessitate the removal of twelve (12) cabbage palm
trees and one (1) pine tree over 20 inches in diameter due to the proposed
building location and improvements. The contractor has agreed to relocate
all palm trees at this location or another site at their own expense.
RECOMMENDED ACTION
Move to approve the relocation of 12 cabbage palm trees and the removal
of 1 pine located on Lot 10, Block 44, Sebastian Highlands, Unit 2.
CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND
REMOVAL AND/OR RELOCATION OF TREES
CON?RACTOR'. ~z~.z ..~)¢~..Z~~,~ .
ADDRESS: ~~ ,~L-
UNIT NO.:
ZIP:
PttONE: .~ ~.,.. 5~-.5"1 ._ ~, ~, .,
SUU-CONT C 0R:
ADDRESS :. /'~ A/.~, rb~_/~ .~. - -~----~ ..... ZiP :__~~___
PHONE: '/&' ~-' 7
OWNER OF PROPERTY:
ADDRESS: -- / .... ZIP:
PHONE NO.:
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.
Applicant must tag all specimen trees with a bright
ribbon around the tree approximately 6 feet above
the grade.
y~Ce//~ Use Only
SITE'INSPECTiON B DATE:
APPROVED FOR PERMIt: ~ES: NO:. ~<~
MUST OBTAIN CITY COUNCIL APPROVAL: YES:__~°
IF YES, DATE OF CITY COUNCIL APPROVAL:
NO:
/ LOT lC_., '
/
1761
$ 89 46"~'E
C' 96 '~,"~..
SEDwB ],
I
VACAI'i!7
LOT 14
P~D
D
52. O0
/
LOT Ii
B LOCI,', ,~.
IG'
079 ¢;t6' DRIVE
AF~REV, A T'iON S
P, tL.AT
C-~TE.D
....,.,.,,,~.,,,,.,...~.:,...,...~...~c~,, . ... · · .. -. · ........ ,- ...... .,.'..'',' : .... C I~.~W
,-; ,.' ~.'::~ ..... .,..,,,,'~j,;,-~',~, -, ,. ~- . ;-', . .. , . ? ,, .
~~,,..~--~.----. ~..AL~I"L-_ kiJ .~-_' .,.:,~..:.-,= .... ..~...~- ..... P. 185 69
'.~~:~:~:~ B~CH~ RK ""':' .......... ":"'".:'.'::-'";:~:~LT,~.tu~u.,.z~'- ~ . , { :' ..
, ,. ..... : ~ -~; .~~ .... ;~L .. .~_~~
: ........
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST TO REMOVE SPECIMEN TREE
FROM WILLIAM BERTRAM
Approved For Submittal By.-
City Manager
Agenda No.
Dept. Origin Community Development
(BC
Date Submitted 7/O2/91
For Agenda Of
7/10/.91
Exhibits: Tree removal application
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Mr. William Bertram located at 1265 George Street is requesting to remove
a 2 foot diameter oak tree that is approximately 1 inch from his existing
overhang of his residence. In the past, Mr. Bertram has been notching out
the tree to alleviate any damage to the existing residence but, any
further notching will eventually kill the tree and in the interim, the
tree poses a hazard to the residence. Staff has no objections to the
removal of this tree.
RECOMMENDED ACTION
Move to approve the request to remove the specimen tree located at 1265
George Street for a Mr. William Bertram.
CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND
REMOVAL AND/OR RELOCATION OF TREES
STREET ADDRESS:
LOT NO.:~
SUBDIVISION:
BLOCK NO.: 2g¢/
UNIT NO.:
CONTRACTOR:
ADDRESS:
PHONE:
SUB-CONTRACTOR:
ADDRESS:
PHONE:
ZIP:
ZIP:
REASON FOR THE PERMIT: ~-~ ,~.~/";./,~¢~,~ ~ D,~.
· t~ t"
OWNER OF PROPERTY:
ADDRESS: /2 &? ~-¢~ ~7---
PHONE NO.: ~, 7s~
ZIP:
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 )
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.
Applicant must tag all specimen trees with a bright
ribbon around the tree approximately 6 feet above
the grade.
Office Use Only
SITE INSPECTION BY:
APPROVED FOR PERMIT: YES: NO:
MUST OBTAIN CITY COUNCIL APPROVAL: YES:
IF YES, DATE OF CITY COUNCIL APPROVAL:
' ~ .... NO:
· l?
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
1991 NATIONAL SHALL BUSINESS TREE
PLANTING PROGRAM (FLORIDA) GRANT
Approved For Submittal
City Manager
) Agenda No.~//~/'''---
)
) Dept' Origin Community Development
)
) Date Submitted 7/0~,[91
)
) For Agenda Of 7/10/91
)
) Exhiblts~ 1. Grant Application
) 2. Letter to Urban Forestry
) Coordinator from Robert S. McClary.
) July 2. 1991
) 3. Grant application instructions
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian staff has prepared and presented to the Florida
Division of Forestry, Department of Agricultural and Consumer Services, in
Tallahassee, an application for the 1991 National Small Business Tree
Planting Program, to supply funding for the purchase of approximately 200
trees for installation in Lake Hardee Park during the next fiscal year,
FY 1991-92.
All trees must be Grade Florida I or better, as set forth in the
Department of Agricultural and Consumer Services "Grades and Standards for
Nursery Plants, Volumne I and ii". The Small Business Administration is
the administrator of this grant, and has therefore, required that small
businesses be the suppliers of the trees and any labor to install them.
This grant application specifies the City's responsibility to fund
installation and future maintenance of those trees as our matching
requirements.
The application was due on Friday, July 5, 1991 by 5:00 P.M. Therefore,
the package was forwarded previous to preparation of this notice, to
ensure its inclusion in the State's review.
Page 2
RECOMMENDED ACTION
No action is requested of the Council at this time. Approvals of any
money to meet our match requirement are contingent upon the approval by
the State of this application. At that time, an agreement between the
State and the City of Sebastian regarding the amount of money funded and
the contractural arrangements shall be drafted. This agenda memorandum
and the accompanying grant documents are for your advisement only.
Council action will be requested following State action, sometime during
the month of August.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 c{ FAX (407) 589-5570
July 2, 1991
Jim Martell
Urban Forestry Coordinator
Florida Division of Forestry
3125 Conner Boulevard
Tallahassee. Florida 32399-1650
Dear Mr. Harrell,
Again, with personal pleasure and pride in our community, I
am submitting to the Division this 1991 National Small
Business Tree Planting Progam Grant Application for financial
assistance to purchase trees for one of the City's largest
neighborhood parks.
While Lake Hardee Park exists within a residential district.
and contains a Jogging path and exercise area utilized by
locals, the park is of sufficient undeveloped acreage to
support the many trees planned, but as of today, not funded.
By Sebastian's Charter, our City Council must review and
approve all expenditures exceeding $2,OOO.OO. The number of
trees required to thoroughly landscape the park simply are
beyond the reach of the City, given current budget
constraints.
We believe that the Small Business Administration's tree
planting effort is a remarkable means to address two
important community issues, (1) To secure desired landscaping
at a location expressly targeted by area residents who visit
there regularly and find the lack of shade a real detrimentl
and (2) to better involve the private sector in the work of
Sebastian's city government.
Should you require additional information or documentation,
please do not hesitate to contact me or members of my staff
who are familiar with this project. The City Engineer, Hr.
Dan Eckis, and the City Planner, Mrs. Catherine Hilton, are
both versed on the subject, and can provide invaluable help
as you review the materials included herein.
SiJ~erely.
Robert S. McClary
City Manager
RSM/CAH/gk
grantg.doc
age 1 of 2
APPLICATION FORM
1991 National Small Business Tree Planting Program
(Florida)
APPLICANT INFORMATION
Applicant's Name: Cit~ o[ Sebast~.an, ..Fl~rida
Name and Title of Contact Person: Mr. Dan Eckis. Citu Enqinee~
Address: Sebastian Citp Hail P.O. Box 780127
. Sebastian. Florida ZiP:~2978-O127 Telephone: ~07) 589-5490
Federal Employer Identification Number (F.E.I.D.#):
PROJECT INFORMATION
Describe the specific location of the tree planting project:
Lake Hardee Pa~k~ 530 Barber Stree~t Sebastian, Florida (Sebastian
Highlands~ Unit 4~ Block 120}. Please see attached map &'site plan.
(a vicinity m~p S~'owing the project l~cat~6n must ~e attaehe'd to the
application).
2. Who owns or controls this property?. Citg of Sebastian
3. If the answer to #2 above is not the applicant, please attach
documentation from the owner authorizing the applicant to plant trees
on the property described in #1. NOT APPLICABLE: Sebastian-owned.
4. Please state the objectives of the project. To plant. 200 natiye and compa-
tible..mature trees in the neighborhood Park known as Lake Hardee Park. bg
the end of Fiscal...Yea~..1991-199~,. creatin~ shaded canomies and r~craation
area definition where none now exist, and to provide for their continued
care and scheduled maintenance. Number Species
5. a) Number and species of trees:
c)
d)
e)
40
40
40
40
40
200
Size of trees to be planted: 10' - 12' m$.nimuM
Age of trees to be planted: 3 - 5 we~rs o~d
Site acreage or linear feet of right-of-way
Laurel Oak
Live Oak
Red M~pl9
Sweet Gum
~Oueen Palm...
TOTAL
13
6. Please describe how you will utilize small businesses to implement this
project: Small businesses s.hall su~lw and install al1
direction, p~oviding counsel on care. (In conformance with Cit~ Comprehmn-
si__ye pl..an, Element 7: Recreation &ope. n Space; Policies 7-1. i. 5, 6 & 7-1.5.3
"Maintenance of existing facilities; Utilize Urban Design; Involve p?ivate sector". )
7. Who will provide the required 3-year maintenance for the planting
project? Lead authority: Cit~ of Sebastian Public Works/Parks Department.
Page 2 of 2
a) Please give the name(s) of the person(s) who will be supervising
the project:Mr` Jerr~ Thomas. Asst. PW Dir.: Mr. Mark Sanders. Pmrks Sup.
b) Qualifications and Experience:Thomas: Acting DiE PW 4 yrs & other
municipal/private mgt; Sanders: 12 yrs landscapin9 with references.
9. Summary of Costs:
(A) (B)
Requested Grant $ Local Match $
Trees (200)
Contract Planting
Planting Materials
3 year Maintenance Costs
$ 20,000.00 .
-P- .6,.2~P. O0 1
-O- 1. 370. O0 2
***************** 7. 880. O0 3
TOTAL REQUESTED (Column A)
TOTAL LOCAL ~TCH (Column B)
[5 15,450.00]
$ ~5,450.00
TOTAL PROJECT COSTS
(Add Columns A&B)
$ 35,450.00
(Please provide an attachment itemizing the above costs and detailing
how "in-kind" costs were calculated). BUDGET attached; notes 1,2,3 explained.
***Successful Applicants will be required to sign a Memorandum of
Agreement prior to initiation of any work on the project. Interim
.and final project reports will be be required as well as periodic
inspections and a post-audit by the Division of Forestry and the
U.S. Small Business Administration. Successful applicants will be
required to submit the following Certification Forms and Assurances:
1. Certification regarding debarment, suspension, and other
responsibility matters, primary covered transactions.
2. Certification regarding Drug-Free Workplace requirements.
3. Assurances for Non-Construction Programs.
NOTE: Any work performed on the project prior to written approval from the
Division of Forestry is ineligible for reimbursement under this program.
As the duly authorized representative of the Applicant, I hereby certify
that all parts of the application and required grant information have been
read and understood and that all information submitted herein is true and
correct.
Authorized Executive Officer:
Robert S. McClar~
Title:
Signature
City Manager
Date:
Julq 2, 1991
NATIONAL SMALL BUSINESS TREE PLANTING PROGRAM
rtment of Agriculture and Consumer Services, Division of Forestry,
~sed to announce the 1991 National Small Business Tree Planting
This tree planting initiative is administered nationally by the
Small Business Administration (SBA) for the purpose of contracting
h small businesses to plant trees on public land. Governor Chiles has
designated the Division of Forestry as the lead agency to work with SBA on
implementation of the program in Florida.
Authority: P.L. 101-515, Section 4, to be codified as subsection 24 of the
Small Business Act, 15 U.S.C. subsection 651.
Qualified Applicants: Florida towns, cities, counties, state agencies,
non-profit organizations, volunteer groups and educational institutions.
Grant Funds Available: Up to $754,110 statewide. Maximum grant award to a
single applicant is $20,000. Grant awards will be paid to successful
applicants on a reimbursement basis.
Matching Requirements: Minimum of 75:25 match required (federal 75%:
applicant 25%). Priority will be given to applications with a local match
in excess of this amount (up to a 50:50 match). The local match must be
in non-federal dollars or "in-kind" contributions of materials and/or
labor.
Project Duration: Trees must be planted by September 30, 1992.
Restrictions: (1) Trees must be planted on land (rural or urban) owned or
controlled by state or local government. (2) Applicants must purchase
supplies and tree stock from small businesses and use small businesses to
plant the trees (priority will be given to applicants able to use more than
one firm to perform the work). (3) Proposals must include provisions for
a three-year maintenance period (the applicant can use estimates for three-
year maintenance costs as part of the local "in-kind" match). (4) Grants
are for tree planting projects not currently budgeted, they may not be used
to replace existing commitments. (5) Costs for site preparation and/or
ground cover plants must be shown as "in-kind" match. (6) Trees must be
Grade Florida 1 or better, as set forth in Department of Agriculture and
Consumer Services "Grades and Standards for Nursery Plants, Vol. I & II".
Deadline for submittal of Applications: Completed Applications must be
delivered no later than 5:00 p.m., July 5, 1991 to:
Urban Forestry Coordinator
Florida Division of Forestry
3125 Conner Boulevard
Tallahassee, Florida 32399-1650
For information or to request an application form contact: Urban Forestry
Coordinator at the above address or telephone: (904) 488-5168.
***NOTE: "Small business" means a business concern that has, including its
affiliates, a number of employees not exceeding 100, and meets the other
regulatory requirements found in 13 CFR PART 121.
RESOLUTION NO. R-91-22
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE SOUTH 10 FEET OF
PARCEL 1, TRACT P, AND THE NORTH 10 FEET OF PARCEL 2,
TRACT P, SEBASTIAN HIGHLANDS, UNIT 2 ACCORDING TO THE
PLAT THEREOF, RECORDED IN PBI 5/35, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY the City Council of the City of Sebastian,
Indian River County, Florida, as follows:
SECTION I
That the City of Sebastian does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The south 10 feet of Parcel 1, Tract P, and the north
10 feet of Parcel 2, Tract P, Sebastian Highlands, Unit
2, according to the plat thereof, recorded in PBI 5/35,
Public Records of Indian River County, Florida.
SECTION II
Ail resolutions or parts of resolutions in conflict herewith
are hereby repealed.
SECTION III
This resolution shall be recorded in the public records of
Indian River County, Florida.
SECTION IV
This resolution shall be in full force and effect
immediately upon its passage.
1
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that the foregoinG Resolution was duly
passed and adopted by the City Council of the City of Sebastian,
Florida, this day of , 1990.
Kathryn M. O'Halloran, CMC/AAE
( SEAL )
(STATE OF FLORIDA)
(COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in Indian River County, Florida, to take
acknowledgements, personally appeared
and to me known as the persons
described herein and who executed the foregoinG instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and seal in Indian River County, Florida, this
day of , , 1991.
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires
Approved as to Form and Content:
Charles I. Nash, City Attorney
2
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE: June 25. 1991
TO: Kathrvn M. O'Haiioran
City Clerk
FROM: Daniel C. Eckis,
City Engineer/Pub!ic-Work
Director
RE:
Abandonment of Easement - South 10 Feet of Parcel 1
and north i0 feet of Parcel 2. Tract ~. Unit 2
I have reviewed the reouest for abandonmenl of two
easements and do no% any objections zo the abandonment if
is for tine cons%i'-uc~.ion of a single ~ ~' + ~ bu.lt on
both iot. s.
Should you require any further jnformati, or~. please feel free
Zo contac% ouy office.
DE:lk
C~TY OF ~EBASTI~4'
APPL'rCATVON FOR VACATTON OF EASEMENT(S)
(This request shall no b~ ~ unles~ ~leted in full
TELEPHONE NO q,~ /- qj ~ ~
*l~divtdual, corporation' e~c. - If corporation a~pl~ corpora~
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH ~ASEMENT EXISTS:
~cript--i-6-~ on ~necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item to be filled in by Building OffiCial)
;1 I · ~ ~ ' ·
~ ~ ..... /Z~ZL. /,
~xpZ~n ~n de~a~l your n~ed ~o release ~his easement)
I HEREBY CERTIFY that I, the Applicant, own the real property on
which the easement i request to vacate exists, or I am authorized
to present this request %o vacate by the owner of the real
p~operty.
/ / ~; '[ ·
, ,~.,, ~:... ~ '~., ~.~'.~ /
Signed:(title, if any) Date
~". ~,, ( , , ~',,c,'~ (( Corporate Seal
Piease P~int Nam& Here
Attach hereto the following:
(L) 1. Map, plat, survey, or clear drawing at least 8 1/2" x 11"
showing the parcel of land on which the easement exists,
with parcel(s) of land adjacent to the easement requested
to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWINO.
(!) 2. Complete legal description of the parcel of land on which
(N/A) the easement exists if the full description cannot be
placed on the lines provided above for the description.
( ) 3. Written authorization of the owner of the parcel of land
(N/A) on which the easement exists if the applicant is not the
owner.
( ) 4.
( N/A )
(") 5.
IF IT IS NECESSARY TO GRANT BACK ANOTIIER EASEMENT TO
REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED
OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT.
Attach a check or money order payable to "The City of
Sebastian" upon submittal of this application to ~he
Office of the City Clerk. This application fee is not
refundable. The fee is $25.00. ~
( ) 6. OTHER:
Date Received by the Office of tho City Clerk
By:
file: sban.app
RESOLUTION NO. R-91-23
A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING
THE CITY MANAGER AND HIS STAFF TO ENTER INTO AN URBAN
AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT
WITH THE STATE OF FLORDIA, DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, many public and private areas within the
3urisdiction of this governmental body are in need of sound tree
care and maintenance and must be improved and maintained as Urban
and Community Forests; and
WHEREAS, the Mayor and City Council desire that City of
Sebastian improve various areas within the City of Sebastian by
adopting and promoting proper Urban and Community Forestry
Practices; and
WHEREAS, the Mayor and City Council of the City of Sebastian
wish to authorize the City Manager and his staff to enter into an
Urban and Community Forestry Grant Memorandum of Agreement
between the City of Sebastian and the Florida Division of
Forestry;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Sebastian, Indian River County, Florida, as follows:
SECTION 1. The Mayor and City Council of the City of
Sebastian hereby authorize the City Manager and his staff to
enter into an Urban and Community Forestry Grant Memorandum of
Agreement between the City of Sebastian and the State of Florida
Department of Agriculture and Consumer Services Division of
Forestry.
1
SECTION 2. The City Clerk of the City of Sebastian is
hereby directed to send copies of this Resolution to the Division
of Forestry and all other persons as directed by the Mayor and
City Council.
SECTION 3. All resolutions or parts of resolutions in
conflict herewith are hereby repealed.
SECTION 4. This Resolution shall take effect immediately
upon its adoption.
adoption by Councilman
seconded by Councilman
a vote, the vote was as follows:
The foregoing Resolution was moved for
The motion was
and, upon being put into
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 Dassed and
adopted this day of , 1991.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W.E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles lan Nash,
City Attorney
RESOLUTION NO. R-91-24
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE NORTHWEST SIX (6)
FEET OF LOT 15, BLOCK 196 AND THE SOUTHEAST SIX (6)
FEET OF LOT 16, BLOCK 196, SEBASTIAN HIGHLANDS UNIT 10;
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6/37K
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY the City Council of the City of Sebastian,
Indian River County, Florida, as follows:
SECTION I
That the City of Sebastian does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The northwest six (6) feet of Lot 15, Block 196 and the
southeast six (6) feet of Lot 16, Block 196, Sebastian
Highlands Unit 10, according to the plat thereof, recorded
in PBI 6/37K, Public Records of Indian River County,
Florida.
SECTION II
Ail resolutions or parts of resolutions in conflict herewith
are hereby repealed.
SECTION III
This resolution shall be recorded in the public records of
Indian River County, Florida.
SECTION IV
This resolution shall be in full force and effect
immediately upon its passage.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that the foregoing ReSolution was duly
passed and adopted by the City Council of the City of Sebastian,
Florida, this__day of , 1991.
Kathryn M. O'Halloran, CMC/AAE
( SEAL )
(STATE OF FLORIDA)
(COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in Indian River County, Florida, to take
acknowledgements, personally appeared
and to me known as the persons
described herein and who executed the foregoinG instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and seal in Indian River County, Florida, this
day of , 1991.
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires
Approved as to Form and Content:
Charles I. Nash, City Attorney
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE: JUNE 24, ~991
TO: KATHRYN M. O'HALLORAN
b~TY 0LERK
FROM: DANIEL
CITY ENGiNEER/PUBLIC~;~RKS E)ZRECTOR
RE:
ABANDONHENT OF EASEMENT - LOT 15 AND ~6 OF BLOCK i96
UNIT ~0
.7. HAVE REVTEWED THE REQUEST FOR ABANDONMENT OF TWO 6~1
EASEMENTS AND DO NO'T ANY OBJECTIONS TO THE ABANDONMENT TF TT
TS FOR THE CONSTRLIC'FTON OF A SINGLE FAMILY RESIDENCE TO BE
BtJTLT ON BOTH LOTS. PLEASE NOTE TYPO ON APPLICATION NORTHEAST
SHOULD READ NORTHWEST.
SHOULD YOU REQI. IZRE ANY FURTHER ZNFORMATTON PLEASE F,_E,_ FREE
TO CONTACT OUR OFFTCE,
DE:LK
C~?Y OF SEBASTIAN
APPLICATXON FOR VACATION OF EASEMENT(S)
(This request shall no be accepted unless completed In full)
~ - ~.-~
*In~ivi~ual, corgorat~on, etc. - I~ corporation ap~ly corgorate
Seal below
L~GAL DE~C~T~O~ OF ~AL ~O~T~ O~ W~C~ EAS~T ~X~TS: ~./~
(~cription on att~necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(Thi~~e filled in by Building Official)
'.. · ,. ,
TYPE OF EASEMENT~ ~/" [.(~. /, ~ t .... 7 ~),~ ..... ~ ~
APPROXIMATE SIZE OF EASEMENT:. /~, ~ feet in length~in width
PURPOSE FOR REQUEST TO VACATE:~-~ ~ ~/.. +~ ~"" Y"~- ~ .... ,,, r ..... ~
(Explain ~ your need t~this easement)
i HEREBY CERTIFY that i, the Applicant, own the real property on
which the easement I request to vacate exists, or I am authorized
to present this request to vacate by the owner of the real
property.
Please Print Name Here - ,
Attach hereto the following:
( ) 1. Map, plat, survey, or clear drawing at least B 1/2" x 11"
showing the parcel of land on which the easement exists,
with parcel(s) of land adjacent to the easement requested
to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWING.
( ) 2. Complete legal description of the parcel of land on which
(N/A) the easement exists if the full description cannot be
placed on the lines provided above for the description.
( ) 3. Written authorization of the owner of the parcel of land
(N/A) on which the easement exists if the applicant is not the
owner.
( ) 4.
( N/A )
( ) 5.
IF iT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO
REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED
OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT.
Attach a check or money order payable to "The City of
Sebastian" upon submittal of this application to'the
Office of the City Clerk. This application fee is not
refundable. The fee ks $25.00. --
( ) 6. OTHER:
Date Received by the Office Of the City Clerk
By:
fll~: aban.app
bJ
./'
LDT
(C)=Cslculated from
field measurments ,~
R/W~RiRht-of Way /~
COHC~Concre te
DESCRIPTION
~ C ;~ ~q T L ~ N
D
hOT 15, BLOCK 196: SEBA?-TIAN UIGHGANDS
UNIT lO, according Lo th~ Plat thereof
ms recorded'inP].at Book 6, Pa~,e 37,
ot the Public Records of INDIAN RIVER
COUNTY, FLORI DA.
Pprc'e] ]ie~ in Set.24, Twp.3LS. , lt.h3Bg.
BOUNDARY SURVEY WJ. TU IHI'kOVEHI~N'['S
FOR
STEPHEN & GINA COLONA
Al,SO CI::R'JflFtI",D TO: (N.A.)
JOB NO. 91-1423-'A
~idd Book No. 0U66-99 - t O0
B~AJLI) SURVEYING,INC.
1743 CANOVA ST. S.E.
PALM BAY FL 32909
1/407/729-0196
~ 34', 2d, t.0'c
GOT CONTAI NS l O, 000. OOsque r feet
o~; O,23 ncre~ more or less
5URVI::YOR'S NO'rES:
1.Bearings based on Record Plat line as
sboun o, above sketch of survey indicat-
ed by (BASIS OP BEARING LINE).
:~. I,(,,';~1 i Ot~ of~ Hnd(~[~tOtl~{I Hhl ] .i {(':~ all(I
and IIglve :~Ot been located as pflrt o~' [bis
3.P[oporty siLuated in F].ood Zone
;.ICCOI;djll;~ LO I;'IRM HAP o[.indain RiVer COUnty
I"loridn, Hap numh~r]206tCO78E.
4-E]evat.;ons (i.l" ::ho~n)n~:t, ba~ed on
(National Geode[ic Uer~ica)
Bench Hark No.(N.A.).
5.Th;is survey was prepared w.tthout benefit
subject' property.
'1 HI]REIS' CERTIFY: Th;,L I:hi:: P.I~IL of' hand %nr~vey, rt:p,:(mo.,,Im ;,
I.:ield :.IHCvoy peJ'fOl,'med on 6/03/9~ '.,,d.recen~ly p,:epared
hy thc tmder~iRned, PI¢,eI:~;-'~I~--}~-"~:CIINICAI. STANDARDS for
],;md surveying An the State o1~ F].o[:i. dn. n~ seL forth hy the
F,Iorida BO;H;(I Of Profess'ionnl I,m~d Surveyo~:~, ami I)UrSUn~H, tO
472.027 PbOI{ZDA S'/.'ATU'I;I~;S. per chaptel: 21~1111-6, I;'I,ORIDA ADHIN-
ISTRATIVE CODE.
( .... / ..... ~ / /
~;[IR VEYOR ' S SEAl, I,'l,OI, I I)A IH,;(. I S'I'R,,vI'I O~J MO .q
CITY OF SEBASTIAN
,RE~K~ PERMIT APPLICATION
COMMUNITY CENTER
Name of Renter/~rganfzation
Number of Persons constitute, hq group O~r organization: 1
Reason for ~
Rental
Requested Date
Time of Day: From ~, , To /,--~ ~ :
Please answer YES or NO:
l)
2)
3)
4)
Are kitchen facilitie~ required?
Are you e resident of Sebastian? yl~,,~ .....
Will decorations bo put up* ~t~,
Will thers bo sn admission or door charge? ....
permittee's proof of age ,,,¥~4,~ ~
(b) If alcohol is to be served, permission is required by the
City Council. Your request will be presented to Council
on
Amount Of Rental /D~~'? 7% Tax: ~. -~"
Security Deposit: -~ Total Rental~ 8 /~, .~-
Make checks payable to: CITY OF SEBASTIAN
APPROVED/DISAPPROVED
City Clerk
TO BE FILLED IN BY CITY CLE,R~'S.F~FFICE
So~ur~t%~eposit paid on 7///q /
by Check
(date) in the amount of
~ C a s h/ ~3% ~/~'".
/ ~
Rental Fee paid on (date) in the amount of
.by Check ~ or Cash
initial
Alcoholic Beverage Request heard at the Council Meeting on
(date). Request APPROVED/DENIED.
Fee Waiver Request heard at the Council Meetlng on
(date). Request APPROVED/DENIED.
Key Pickup Date Key Return Date
Security Deposit returned by City Check #
amount of on
Amount kept for damages (if applicable).
\ws-form\rentapp
in the
(d~e).
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Legislative t'Special
Approved For Submittal
City Manager
Dept. of Origin:city Manager
Date Submitted: 0~j02/91
For Agenda Of: O7~,~0/91
Exhibits: - Sembler Memo Dated 06/26/91
- McClary Memo Dated 06/07/90
With Attached Draft Legislation
- Nash Letter Dated 11/28/90
With Attached Drafts
Re: Annexations
- P & Z Memo Dated 08/15/89
With Attached Information
Re: Annexations
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED~
SUMMAR~ STATEMENT
State Representative Charles W. Sembler II, has notified the City
that the legislative Delegation of Indian River County will hold
its annual meeting and public hearing on October 17, 1991. The
purpose of the delegation meeting is to consider the introduction
of "Special Acts". The City Council may wish to consider asking
Representative Sembler to introduce certain Special Acts. This
request may include the following: An Act to allow a beverage
license for the consumption of alcoholic beverages in conjunction
with the city's municipal golf course. Currently, the beverage
license for the golf course is a "club license" and only members
and their guests may purchase alcoholic beverages at the golf
course restaurant. The attached draft bill would allow the city
to obtain a beverage license which would not be subject to any
quota or limitation, such as seating capacity, and would allow
the sale of alcoholic beverages without limitation to membership.
The second possible State Act would annex certain enclaves. Last
year, a special annexation committee recommended that the city
pursue annexation of four (4) enclaves within the City.
Should the city Council wish to consider these or other requests
for Special Acts, the City Attorney should prepare a draft bill,
an opinion that the purpose of the Act cannot be accomplished by
local ordinance or rule, and proof of' publication of a public
notice of intent to seek enactment of a special legislative act.
RECOMMENDED ACTION
Review the request for Special Legislative Acts and direct the
City Attorney to draft Special Acts, issue an opinion as
required, and authorize the appropriate public notice.
Florida House of Representatives
Charles W. Sembler II
Representative, 78th District
Reply to:
[] Post Office Box 2380
Veto Beach, FL 32961
(407) 778-5077
[] 14 House Office Building
Tallahassee, FL 32399-1300
(904) 488-0952
MEMORANDUM
Committees
Agriculture
Criminal Justice
Employee & Management Relations
Veterans & Military Affairs
& Emergency Preparedness
TO: Ail Concerned
FROM: Charles W. Sembler II
SUBJECT: Indian River County Legislative Delegation Meeting
DATE: June 26, 1991
The legislative delegation of Indian River County will hold
its annual meeting and public hearing on October 17, 1991,
beginning at 8:30 a.m., in the Indian River County Commission
Building Chambers, 1840 25th Street, Veto Beach, FL 32960.
The purpose of the delegation meeting, prior to the convening
of the regular session of the Florida Legislature, is to consider
the introduction of Special Acts relating to Indian River County,
and to allow local residents an opportunity to voice their opinions
on various issues to the delegation. Members of the Indian River
County Delegation are Representative Charles W. Sembler II,
District #78; Representative Irlo "Bud" Bronson, District #77, and
Senator Patsy Kurth, District #16.
Anyone wishing to have a Special Aot for indian River County
introduced should have the Act drafted and delivered to my office
at 1053 20th Place, Suite 200 - city Hall, before September 13,
1991. A statement by an attorney, that the purpose of the Act
cannot be accomplished by a local ordinance or rule, is required
with each proposed Special Act, along with two copies of proof of
publication.
If you have any questions regarding the meeting, or wish to
be on the agenda to address the delegation, please contact my
Legislative Assistant Dawn smith or my Legislative Secretary Carol
Gerow in my District office, phone number 778-5077.
Printed on Recycleble Paper
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
August 15, 1989
TO, Robert McClary
City Manager
THROUGH, Bruce Cooper
FROM= Planning and Zoning
RE: Request to initiate certain annexations of enclaves.
At the regular Planning and Zoning Commission meeting held on
August 3, 1989 the following motion was passed.
I move that the City Council be requested to start
the action required to annex all of the Indian River
County enclaves within the City of Sebastian.
I further move that a communication similar to
that provided to you tonight (attached) be sent to the
City Council.
Your cooperation in presenting their item to the City Council
is greatly appreciated and a copy of the letter proposed to be
sent is attached.
Should you have any further questions, please feel free to contact
the commission.
DRfiFT
DATE.' July 31, lg89
Ti): Mayor and City Council
FROM:
Sebastian Planning and Zoning Commission
RE:
Indian River CountY Enclaves -totally within the
"Ih~. Planning and Zo{,i},8 Commi.q~lon urgently r~co}mnend~ ymu
in~%r'uct your ~taff to ~zpgditiou~3y tak~ all action~
nece~.mry to mnT,eX~ a~,d pm'ovt, dem land u~e d~ei~nmtion~ and
oth=r that we have not notgd surrounded by land already
'the~e land~ aye ~l,~,w~ on ~eba~tlan land u~e and zoning maps
Indian Rivet- County .nc! zoned .Kr-Jculture. Refer to
at,ached map fo,' loc-tion~ by numbers.
¢l) hpptoxim.~t~l.y 1.o.00 Act-e~ in ..~octt. on 30, Town.~htps 30
~nd 31 ~ou~},, ~an~e~ 38 and 39 Ea~t.
(2) Apprmxm~qly 5~.40 ~cre~ in ~ec%lon 6, Town.hip 31
<3) fipprnxlm~t:~ly ~0,00 Act'e~ tn section 18, Township 31
(4) Approx~mnt~ly 1.0~ Acre~
South, Range
Attch:
Major County Enclave~ within the City Limits
City of Sehrt.~;tin.
WILLIAM A. ORIMM
oF 00UNSEL
I~RESE, I:~ALLACE, NASH & TORPY, P.A.
ATTORNEYS AT ]~AW
November 28, 1990
930 S. I--L,~noR Cx?Y BLVD.
SUX?E 505
MELBOURNE. I~LORIDA 32901
(407) 084-3300
FA~X (407) 951-3741
The Honorable Members of the Indian
River County Legislative Delegation
c/o The Honorable Charles W. Sembler II,
State Representative
1053 20th Place, Suite 200 - City Hall
Vero Beach, FL 32960
Re:
Special Act for the City of Sebastian
Our File No.: 90-5926
Dear Honorable Representatives and State Senator:
It is my opinion that the City of Sebastian cannot accomplish the
annexation of several parcels of real property located within the
corporate boundaries of the City of Sebastian that are currently
enclaves of unincorporated Indian River County, because the owners
of those enclaves will not consent to have the property annexed
into the City of Sebastian. Therefore, the only way that the City
of Sebastian can accomplish its goal to have these enclaves become
part of the City of Sebastian is to obtain the passage of a Special
Act by the Florida Legislature.
Respectfully yours,
FRESE, F~CE, NASH
Cha~es I//an~Nash,
City Attorney, City of Sebastian
& TORPY, P.A.
CIN/mb
SPECIMEN-
November 29, 1990
Publisher
Vero Beach Press Journal
Legal Notices Department
P. O. Box 1268
Veto Beach, FL 32961
Re:
Notice of Intent to Seek Enactment
of a Proposed Special Act Relating to
the City of Sebastian, Indian River
County; Our File No. 88-2489.5926
Dear Sir/Madam:
I would appreciate the publishing in the Legal Notices
Section of the following information:
"NOTICE OF INTENT TO SEEK ENACTMENT OF A
PROPOSED SPECIAL ACT RELATING TO THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY. ~
TO WHOM IT MAY CONCERN:
Notice is hereby given of intention to apply
to the 1991 Session of the Legislature of the
State of Florida for the passage of a Special
Act relating to the inclusion of previously
unincorporated parcels of land into the
corporate limits of the City of Sebastian,
Indian River County, through the annexation of
certain enclaves of Indian River County
property within said corporate limits to the
City of Sebastian;' providing an effective
date.
CITY OF SEBASTIAN
By:
KATHRYN M. O'~HALLORAN, CMC/AAE
City Clerk"
Vero Beach Press Journal
Page 2
November 29, 1990
Please publish this notice once. It is my understanding
that the City of Sebastian will be billed for the publication and
that you will also provide me with proof of publication.
Thank you for your assistance. If you have any
questions, please do not hesitate to contact me.
Sincerely,
CITY OF SEBASTIAN
KMO/clG
KATHRYN M. O'HALLORAN, CMC/AAE
City Clerk
An act relating to the City of Sebastian, Indian River County;
including previously unincorporated parcels of land into
the corporate limits of the City of Sebastian by annexing
certain enclaves of Indian River County property within
said corporate limits to the City of Sebastian; providing
an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Expansion of boundaries--The corporate limits of
the City of Sebastian, Indian River County, are hereby.~xpanded to
include the following described lands and territory ly}ng within
Indian River County, Florida:
Parcel i
Parcel 2
Parcel 3
Section 2. This act shall take effect upon becoming a law.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE:
TO:
FROH:
SUBJECT:
June 7, 1990
Councilman Lonnie Powell
Robert S. McClary f~---
Legislation Concerning the Golf Course Liquor License
During the discussion of the golf course restaurant Request for
Proposals, you asked the status of legislation proposed by State
Representative Dale Patchett.
Last year, without my knowledge, former Golf Course Business
Manager approached Representative Patchett's staff and requested
legislation authorizing a liquor license for the golf course
complex be introduced. Attached you will find a copy of a pre-
liminary draft which was prepared by Representative Patchett's
staff. Mr. Vincent presented the draft bill to me one day before
Representative Patchett's filing deadline. Since there had been
no City Council discussion or authorization, I directed
Mr. Vincent to abandon his effort.
Since the current legislative session has ended and since
Mr. Patchett is a not running for re-election, I suggest we wait
for the November election and approach his successor.
If you have questions or need additional information,
me know.
please let
Attachment
cc:
W.E. Conyers, Mayor & Sebastian City Council
'124-336-1-9
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~ bill to be entitled
An act relating to the City of Sebastian,
Indian River County~ authorizing the
acquisition cE a beverage license by the City
of Sebastian, Indian River County, to be used
in connection with the city's~pnicipal
recreational complex, lncl~Bg~3,, golf course and
improvements connected.~l~'the,~ use o~ the
same~ providing ior.~al ~ees, provldin9 that
such license may ,~.~rans~erred to a lessee or
said
l~9se~t perml~ee und~ said beverage
license In or a~ any clubhouse, res~auran~ and
cock,ail lounge, and similar premises, or
a~ any cE ~he same, a~ said compl~x~ providing
bha[ said license shall be re-transferred by
any such lessee or permibbee only bo said
p~ovidin~ [hat said license shall nob be
sub)est bo any quota or [imibabiod but shall be
an excepbion bo [he restrictions o~ a quota or
other iimibabion~ p~ovidin~ an e~ecbive dabs.
Be It Enacted by the Legislature of the State of Floridat
Section 1. The City cE Sebastian, Florida, hereinafter
referred ~o as ~he city, shall have the power and is hereby
authorized pursuant [o the provisions hereof, ~o acquire, a
beverage license, such as is provided for in chapter 561,
Florida Statutes, to be used in connection with Ehe city's
municipal recreational complex, including golf course,'~and
improvements connected with the use of the same, the operation
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I of the foregoing and the use of said beverage license being
2 hereby declared municipal functions, implementing the general
3 powers conferred by the charter of said city.
4 Section 2. Such beverage license shall be acquired
$ from the state upon the written or printed application EoF
license to conduct such business, made to the dIatric~
7 supervisor cE the district of the state beverage depa~'~ment in
8 which said city is located, stating the character cE the
9 business to be engaged in, the location or locations of the
10 premises sought to be licensed, and the kind of license such
11 as is defined in chapter 561, Florida Statutes, which the
12 applicant desires. The application shall be in the name of
13 the municipality and when Issued shall be Issued in the name
14 o£ such applicant.
15 Section 3. Any such beverage license shall be for the
term, and eubJece to the same privileges of renewal, as is
provided in ss. S$1.26 and 5&1.27, Florida Statutes.
Section 4. Any business operated under any such
beverage license may be operated by the city or by a lessee or
permlttee of the city authorized by the city to conduct such
business at said recreational complex, including golf course,
in or at any clubhouse, restaurant, cocktail lounge, and
similar'premises, or'in ct at any of the same, provided that
where a lessee or permittee is to operate such business, the
license shall be transferred to said lessee or permittee. The
city shall designate the premlse~ to which said license iS
applicable. The City of Sebastian shall make application for
the transfer of the license and the application shall be
approved by the direction of the beverage depattmen~ in
...
accordance with the same procedure provided for In ss. 561.18
and 561.19, Florida Statutes~ provided, however, that any
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transect oE the beverage license to the lessee or permittee
she1! be on the condition that if the lease or permit shall be
terminated at any time for any reason the lessee or permittee
shall lmmediabely re-bransfer the beverage license to the City
of Sebastian, and In the event of the failure or refusal of
the lessee or permittee to re-transfer the beverage 1.~cense,
the beverage license shall be re-transferred bo the City of
Sebasbian upon request made in writing to the state beverage
department by said city. ?hereafter, the beverage l~cense may
be again transferred to any new lessee or perm~ttee oE the
premises designated therefor upon the [oregoin.g terms and
conditions. Xt Is the intent and purpose o~ this section of
property of the City of Ssbasbian, subject to its transfer
from time to time as aforesaid whenever the city determines
not to operate any business aeoresaid itself under said
beverage license.
Section 5. ?he issuing oE such beverage license shall
not be subject to any quota or limitation, but it is the
intent and purpose oe th~s ae~ that such license shall be an
exception to any such quota or limitation.
Section 6. Ie any section~ subsection, sentence,
clause, phrase or portion o~ bhis act is ~or any reason held
Invalid or unconsblbutional by any court of competent
~urisdlction, such portion shall be deemed a separate.
distinct and independent provision and such holding shall nob
a~fect the validlty oe the remaining portions hereof, and
provided eurther bhat the operation of such license she1! be
otherv~se subject to the rules and regulations o~ the state
beverage deparbment.
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lan ·
Section 7,
This ace shall take eEEect upon becoming a
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