HomeMy WebLinkAbout08121992 City of Sebastian
POST OFFICE BOX 780127 s SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-533O D FAX (407) 589-5570
AGENDA
SEBASTI CITY C0 CIL
REGULAR MEETING
WEDNESDAY, AUGUST 12, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. iNVOCATION - Reverend Tom Kempf - Riverside Church
4. ROLL CALL
AGENDA MODIFICATIONS (ADDI~9~S AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARING, FINAL ACTION - None
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and.address for
the record prior to addressing the Council.
92.212
92.225
92.226
92.227
92.060
92.220
PUBLIC INPUT ON AGENDA ITEMS
CONSENT AGENDA - Ail items on the consent agenda are
considered to be routine and will be enacted by one
motion. There will be no separate discussion of
consent agenda items unless a member of City Council
so requests; in which event, the item will be removed
and acted upon separately.
Approval of Minutes - 7/22/92 Regular Meeting,
8/5/92 Workshop
RESOLUTION NO. R~92-35 - Seek Legislation to
Remove Communication Restrictions Between Elected
Officials and Constituents Re: Quasi-Judicial
Matters (R-92~35)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
SEEKING LEGISLATION THROUGH THE INDIAN RIVER COUNTY
LEGISLATIVE DELEGATION WHICH WILL REMOVE
COMMUNICATION RESTRICTIONS BETWEEN ELECTED OFFICIALS
AND THEIR CONSTITUENTS IMPOSED BY RECENT COURT
DECISIONS FROM THE DISTRICT COURTS OF APPEAL OF THE
STATE OF FLORIDA; PROVIDING FOR DISTRIBUTION AND
EFFECTIVE DATE.
Receive Amended Code Enforcement Order ~ Case
Nos. 92-6345, 92-6348, 92-6418, 92-6436 (Order)
MGB Homes, Inc. - Request to Remove Specimen Tree
- One Pine - Lot 2, Block 98, Unit 2, Sebastian
Highlands (Staff Recommendation dated 7/22/92,
Application, Survey)
Waiver of Bidding Procedure (Sole Source) - Golf
Course Fertilizer Purchase - Twenty Two Tons of
5-10-10 w/ IBDU - Vigoro Industries of Ft.
Pierce, FL $6,556 (Staff Recommendation dated
8/4/92, Golf Course Superintendent Memo dated
7/27/92)
Waiver of Bidding Procedure (Commercial
Reasonableness) - Police Station Radio Tower
- Communications International, Inc. - $38,090
(Staff Recommendation dated 8/6/92, Proposal
dated 8/6/92)
Richard Fey - Request Placement of Pilings Within
Ten Feet of Riparian Rights Line of City Dock
Adjacent to Yacht Club (Staff Recommendation
dated 8/6/92)
92.228
92.229
92.230
92.231
92.150/
92.232
10.
11.
12.
13.
14.
Craft Club of Sebastian - Request for Use of
Riverview Park - 92/93 Season (City Clerk
Recommendation dated 8/5/92, Tucker Letter dated
8/3/92)
Sebastian River Art Club - Request for Use of
Riverview Park - 92/93 Season (City Clerk
Recommendation dated 8/6/92, Dougherty Letter
dated 8/4/92)
March of Dimes - Request for Use of Riverview
Park for 10-17-92 Fundraiser (Staff
Recommendation dated 8/6/92, Rousch Letter dated
8/1/92)
PRESENTATIONS - None
MAYOR AND CITY COUNCIL MATTERS
A. Mayor Lonnie R. Powell
B. Mr. Frank Oberbeck
C. Mrs. Carolyn Corum
D. Dr. Peter R. Holyk
E. Mr. George G. Reid
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
COMMITTEE REPQ~$/RECOMMENDATIONS
Treasure Coast Council of Local Governments -
Select Member of City Council to Membership (Ginn
Letter dated 8/3/92)
B. PLANNING AND ZONING COMMISSION
Ratify Site Plan Approval of Sebastian Inlet
Marina & Trading Co. (Staff Recommendation
dated 8/6/92, Copies of Site Plan, Collins
Letter dated 8/6/92)
3
15. OLD BUSINESS
92.150
ORDINANCE NO. 0-92-13 - Vacation of a Portion of
North Central Avenue (As Amended) (O-92-13)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA., VACATING A PORTION OF THE CENTRAL
AVENUE RIGHT-OF-WAY LOCATED EAST OF U.S. HIGHWAY 1,
ALSO KNOWN AS STATE ROAD 5, WEST OF INDIAN RIVER
DRIVE AND NORTH OF MAIN STREET; PROVIDING FOR THE
PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY
EASEMENTS; PROVIDING CONDITIONS; PROVIDING FOR
RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
92.194
U.S. One Sidewalk Pro~ect - Waive Normal Bidding
Procedures (No Bids Received) and Accept Proposal
of Fischer & Sons - $20,000 (Staff Recommendation
dated 8/6/92, Proposals)
16. NEW BUSINESS
92.217
Land Trade Between Paul and Hazel Stevenson and
City of Sebastian (City Manager Recommendation
dated 8/6/92, Portion of Tax Atlas)
92.233
San Sebastian Springs West Time Extension Request
(Staff Recommendation dated 8/6/92, Fischer
Letter dated 7/28/92, Preliminary Site Plan Under
Separate Cover)
92.234/
91.007
DeCristofaro Sandmine - Twelve Month Time
Extension Request (Staff Recommendation dated
8/6/92, Mosby Letter dated 6/12/92, Application,
R-91-03)
92.235/
91.006
Morchesky Sandmine - Twelve Month Time
Extension Request (Staff Recommendation dated
8/6/92, Mosby Letter dated 2/12/92, Application,
R-91-01)
17.
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)
18. 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.)
4
RESOLUTION NO. R-92-35
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, SEEKING
LEGISLATION THROUGH THE INDIAN RIVER COUNTY
LEGISLATIVE DELEGATION WHICH WILL REMOVE COMMUNICATION
RESTRICTIONS BETWEEN ELECTED OFFICIALS AND THEIR
CONSTITUENTS IMPOSED BY RECENT COURT DECISIONS FROM THE
DISTRICT COURTS OF APPEAL OF THE STATE OF FLORIDA;
PROVIDING FOR DISTRIBUTION AND EFFECTIVE DATE.
WHEREAS, recent Court decisions have completely halted
communication between elected officials and their constituents
regarding important community matters including rezonings,
variances, conditional use grants, code enforcement inquiries,
and simil ar quasi-3 udicial matters; and,
WHEREAS, these decisions impact written, telephone, and
personal contacts between elected officials and their
constituents; and,
WHEREAS, elected officials have become timid in their
responses to their constituents by reason of the potential damage
which will result to elected officials and the political entities
that they represent; and,
WHEREAS, the United States Constitution has always
envisioned free, open, sterile, and uncontaminated communication
between elected officials and their constituents; and,
WHEREAS, legislation is urgently needed in the State of Florida
to restore and reopen communication channels between elected
officials and their constituents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, as follows:
Section 1.
That the Indian River County Legislative Delegation study
recent decisions in the District Courts of Appeal of the State of
Florida toward the end that:
a. Decisions be consistently interpreted until
reversed or modified by legislative pronouncement.
b. Decisions and their impact be understood.
c. Legislation be advanced which reopens free,
sterile and uncontaminated communication channels between elected
officials and their constituents.
· d. Immediate action to be taken conscientiously
protect elected officials who are listening and communicating
with 'their constituents in good faith to advance the best
interests of their communities and the great State of Florida.
Section 2. Distribution.
That the deep-seated concerns of the City Council of the
City of Sebastian, Florida, be shared with Governor Lawton
Chiles, Members of the Mouse of Representatives from Indian River
County, Florida, and serving as a part of the Indian River County
Legislative Delegation, senators serving as a part of the Indian
River Legislative Delegation, the County Commissioners of Indian
River County, each municipal entity within Indian River County,
the Florida League of Cities, the news media, and such others as
deemed proper.
Section 3. Effective Date.
This Resolution shall become effective immediately upon
final passage.
The foregoing resolution was moved for adoption by
The motion was seconded by
and, upon being put to a vote, the vote was
as follows:
2
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Mr. George Reid
Dr. Peter R. Holyk
Mrs. Carolyn Corum
The Mayor thereup declared this Resolution dult passed and
adolpted this
day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles I. Nash, City Attorney
IN THE HATTER OF:
Mr. ~erber% Sturm
549 Saunders Street
Sebastian, FL 32958
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
CASE'N~S. 92-6345
92-6348
92-6418
92-6436
LEGAL DBSCRIPTION~ Lot 4, Block 62, of SEBASTIAN BIGEL~NDS
UNIT ~, of Indian River County, Florida.
AMENDED ORDER
T~IS ORDER amends the Order that originally came to be heard
after due Notice to the Respondent at a violation hearing conducted
by the Code Enforcement Board of the City of Sebastian on May 20,
1992. The Board after having heard testimony under oath, received
evidence and heard argument of counsel or respondent, if any,
thereupon issues its Finding of Fact, Concluslon of Law and Order
as follows;
FINDINGS OF FACT
The Board determined upon the evidence presented that; Herbert
Sturm was storing junk and debris auch as constructio~ materlals,
barrels and water tanks in vlolation cf the City ordinances.
CONCLUSIONS OF LAW
The Code Enforcement Board concludes that the above-referenced
individual was in violatio, of Chapter 16-1(b), (c), (e) & (f) of
The Code of Ordinances of the City of Sebastian and Section 12-3!
of the Code of Ordinances, Indian River County, Florida.
ORDER
1. Based upon the foregoing Finding of Facts, Conclusion of
Law, it is hereby ordered that: The violator is fined $100.00.
Also, the violator has twenty (20) days from receipt of this Order
to clear the premises and bring it into compllance with the
ordinance or a fee of $100.00 per day is levied. Compllance would
entail the violator removing all construction materlals, barrels,
water tanks and debris and those items depicted in the photos that
were taken on May 20, 1992 and shown by the City to the Board.
2. UPON COMPLIANCE, RESPONDENT SRALL NOTIFY TRE CODE
INSPECTOR, Robert Nicholson, W~O S~ALL DIRECT AN INSPECTION OF
· ,~
TRE PROPERTY ANDNOTIFY TRE CODE ENFORCEMSNTEOARD AS TO CORRECTION
OF TRE VIOLATION.
3. If Respondent causes a reoccurrence of the violation, this
Board shall reconvene in the Council Chambers to hear further
evidence on the issue of compliance and to impose a fine of up to
the maximum amount of $500.00 per day for each day the violation
continues. In the event of a future violation of %his order after
the aforementioned date, Respondent shall be reno~ified of e new
compliance hearing, at which the Board will revlewthe evidence and
impose the fine provided herein if said violation is determined to
have again occurred.
4. TAKE NOTICE T~AT ANY FINE IMPOSED BY T~IS BOARD AGAINST
YOU CONSTITUTES A LIEN AGAINST THE REAL PROPERTY UPON WNIC~ T~E
VIOLATION EXISTS, OR IF YOU DO NOT OWN T~E PROPERTY, THEN AGAINST
ANY REAL OR PERSONAL PROPERTY WNIC~ YOU DO OWN. YOUR CONTINUED
NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE~ AND LOSS OF
YOUR PROPERTY. TNEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO
COMPLY WITHIN T~E STATED TIME, PLEASE NOTIFY THE CODE INSPECTOR
IMMeDIATeLY.
DOME AND ORDERE0 this
ATTEST:
Secreta~y
day of~, 1992.
d:ha~n .....
Code Enforcement Board
Nunc Pro Tunc
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST TO REMOVE SPECIMEN TREE
FROM MGB HOMES, INC.
Approved For ~ubm~
City Manager
)
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Agenda Number: ~.~
Dept. Origin: Community Development
Date Submitted: 7/22/92 (BC~
For Agenda Of:
8/12/92
Exhibits:
Application for Tree Removal dated
07/22/92
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 removal of trees. The applicant, MGB
Homes, Inc., is requesting removal of a specimen tree on a property at 585
Jay Street (Lot 2, Block 98, Sebastian Highlands Unit 2). The trees are
located in the proposed location for the well and swimming pool.
RECOMMENDED ACTION
Move to approve the removal of a pine tree over 20 inches in diameter
located on Lot 2, Block 98, Sebastian Highlands Unit 2.
CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND
REMOVAL AND/OR RELOCATION OF TREES
LOT NO.:
SUBDIVISION:
CONTRACTOR:
ADDRESS:
PIIONE:
BLOCK NO.: ~'?
~'~6 ¢{ - '?'q -) .3-
S U B- CONTRACTOR:
ADDRESS: [~' 5 c f,~'¢
PiiONE:
REASON FOR Tile PERMIT: ~c~,~-.~
OWNER OF PROPERTY: ~ L, [~-FA~
ADDRESS:
PItONE NO.: ~3,¢'f --' 7 ~ g
UNIT NO.:
ZIP:
ZIP:
ZIP:
I certify that all the foregoing information is accurate and
that all work will be done in compliance with the Land
- . ~(,_Developmer~t Code ( Article XIV )
APPLICA¥ION MUST INCLUDE, /
diameter or more). ~n~¢ate which trees to be
removed and/or relocated. Indicate the species of
each ~re.e. AIl specimen ~rees (20 inch diameter or
more) to be removed
approval og ~he Sebastian C~ty Council. h survey
indica~in9 all ~mprovemen~s
relation ~o ~he removal o~ ~he specimen ~rees.
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:
DATE:
NO:
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Waiver of Bidding
Procedure for Fertilizer
Purchase
Approved F~r Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
Finance (LWN)
08-04-92
08-12-92
Exhibits: Memo from GCS
EXPENDITURE AMOUNT APPROPRIATXON
REQUIRED: $6,556.00 BUDGETED: $30,000.00 REQUIRED:
SUMMARY STATEMENT
The Golf Course Superintendent requests a waiver of the bidding procedure on the
purchase of twenty two {22) tons of 5-10-10 fertilizer containing I.B.D.U.
Par-Ex Professional Products is the only company licensed to market I.B.D.U. in
the United States. The area distributor is Vigoro Industries of Ft. Pierce and
the cost of twenty two (22) tons of fertilizer is $6,556.00. Pursuant to city
code section 2-64 {j), "The City Council may waive the bidding procedure as bids
should not be required for items that are available as a matter of commercial
reasonableness from one source only". Adequate funds are budgeted and available.
RECOMMENDED ACTION
Move to grant a waiver of bidding procedure and authorize the purchase of twenty
two {22} toms of 5-10-10 fertilizer with i.B.D.U, from Vigoro Industries of Ft.
Pierce in the amount of $6,556.00.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN. FLORIDA 329?8
TELEPHONE (407) 589-5330
FAX 407-589-5570
JULY 27, 1992
TO: ROBB MCCLARY CITY MANAGER
FROM: CHRIS MCCARTHY G.C.S. ~~
RE: WAIVER OF BID PROCEDURE ROR FERTILIZER
I would like to waive the bidding procedure
for the purchase of 22 tons of 5-10-10 fertilizer
I.B.D.U. Par Ex Rrofessional Products is the only
company licensed to market I.B.D.U. in the U.S.A.
This has been documedted in previous fertilizer
purchases. Vigoro Industries in Rt. Rierce is the
Par Ex distributer in this area. The total cost
of this purchase will be $6,556.00. If you have
any questions about this, please contact me.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBaECT: Waiver of Bidding
Procedure for the
Purchase of an Antenna
Tower for New Police
Station
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
Finance (LWNJ
08-06-92
08-12-92
Exhibits= Proposal from Communications
International, Inc.,
dated 08-06-92
EXPENDITURE AMOUNT
REQUIRED: $ 38,090.00 BUDGETED:
APPROPRIATION
REQUIRED: $ 38,090.00
SUMMARY STATEMENT
The existing radio tower is in need of extensive repair due to various lighting
strikes and salt air damage over many years of use. As discussed by City Council
at its workshop of August 5, 1992, the replacement tower is to be a free standing
tower with no guy wires. The total cost is $ 38,090.00. Funds are not budgeted
for this purchase but are available from an excess of revenues over the amount
that was budgeted. Pursuant to city code section 2-64 (j), "The City Council
may waiver the bidding procedure on specific contracts for good cause".
RECOMMENDED ACTION
Move to grant a waiver of bidding procedure and authorize the purchase and
installation for new 150' free standing communications tower from Communications
International, Inc., in the amount of $ 38,090.00.
August ~, ~992
~r. Bruce Cooper
City o~ Sebeetl&n
P. O. Box 127
Sebaetian, FL 32958
RE: Tover
Dear !Hr. Cooper:
supporting tower. The emme Bpe~s end guidelineE
where ueed ae in the quote ~o~ the 150 ~t guyed tower
previoumly quoted. Pricea included ell coax, concrete,
connectors, etc. ~or a turn key Job.
~t. Sel~ Supporting Towe~
Turnkey
eeo.
The above tower will be Florida State Certified to ~eet
Pleaee g~ve me a call i~ you have any queet~one.
Sincerely,
SWF:kc
O. BOX 6670 -- S00 tST
~qO BF_ACH. PL 32961
4071 ~5355
;"AX ldO7) 567.2292
700 S. JOHN tqODES BLVD.
MELBOURNE. FL 329(M
(dOT)
FAX (4O7)
67S~ SOUTH U.S, I, SUITE
11TUSVILi. E. FL 32782
FAX id07) 2Ft~g3'~!
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Approved For.Subm~:).
City Manager
SUBJECT: )
REQUEST FROM RICHARD FEY REGARDING )
NEW PILINGS LOCATED ADJACENT TO THE)
SEBASTIAN YACHT CLUB )
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Date Submitted:
For Agenda Of:
Exhibits:
Agenda Number: ~' ~ O
Dept. Origin: Community Development
( BC
8/06/92
8/12/92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City Council reviewed this request at its regular workshop meeting of
August 5, 1992 and the majority of council did approve this proposal.
RECOMMENDED ACTION
Move to approve request of Richard Fey to construct tie poles (pilings) 10
feet from his north riparian rights line subject to the following:
1.)
2.)
3.)
Mr. Fey will relocate the dolphin poles for the Simbar Boat within
6 months.
During the construction and renovation of the dock facilities,
Mr. Fey, at his own expense, shall replace both channel marker poles
with appropriate signage located directly east of the boat ramp.
All vessels that are moored at Channel 68 shall be a minimum of 10
feet from its north riparian rights line.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
SUBJECT: Craft Club Use of
Riverview Park
Approved For Submittal By:
City Manager
) Dept. Origin City Clerk
)
) Date Submitted 8/5/92
)
) For Agenda Of 8/12/92
)
) Exhibits: Tucker Letter
dated 8/3/92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian has received a request from the Craft Club
of Sebastian for use of Riverview Park for shows. The Craft Club
has held shows at Riverview Park since 1988.
Requested dates are as fOllows: 10/3/92 with rain date 10/4/92;
11/7/92 and 11/8/92; 12/5/92 and 12/6/92; 1/2/93 with raindate
1/3/93; 2/6/93 with rain date 2/7/93; 3/6/92 with rain date
3/7/93. All requested dates are available.
Unless otherwise applied for to City Council, the following are
established rules for use of Riverview Park.
1. $100 security deposit.
2. No vehicles in the park.
3. Applicants provide sufficient waste receptacles and clean up
after.event.
4. No alcoholic beverages are permitted within the park.
5. Ail displays must be clear of the sidewalks and entranceways.
6. Any goods for sale must be handmade by members of the
organization.
RECOMMENDED ACTION
Move to approve request of the Craft Club of Sebastian for the
requested dates with standard conditions.
CRAFT CLUB OF SEBASTIAN
P.O. Box 781776
Sebastian, Fl. 32957
August 3, 1992
Sebastian City Council
Main Street
Sebastian, Fl. 32958
TO WHOM IT MAY CONCERN:
We would like to ask for permission to use Riverview Park
on the following dates:
October 3--Rain date October 4, 1992
November 7 and 8, 1992 (two day show)
December 5 and 6, 1992 (two day show)
January 2--Rain date January 3, 1993
February 6--Rain date February 7, 1993
March 6--Rain date March 7, 1993
Please consider it and let us know as soon as possible so the
proper advertising may be done.
Thank you for your continuing support of Sebastian's Craft
Club.
Sincerely,
Margaret Tucker, Secretary
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: Sebastian River Art
Club Use of Riverview Park
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted 8/6/92
For Agenda Of 8/12/92
Exhibits: Dougherty letter
dated 8/4/92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian has reoeived a request from the Sebastian
River Art Club for use of Riverview Park for shows.
The Sebastian River Art Club has held shows at Riverview Park
since 5/14/87.
Requested dates are as follows: 12/19/92 with rain date 12/20/92;
2/20/93 with rain date 2/21/93; 3/20/93 with rain date 3/21/93;
5/15/93 with rain date 5/16/92.
Unless otherwise applied for to City Council, the following are
established rules for use of Riverview Park.
1. SlO0 security deposit.
2. No vehicles in the park.
3. Applicants provide sufficient waste receptacles and clean up
after event.
4. No alcoholic beverages are permitted within the park.
5. Ail displays must be clear of the sidewalks and entranceways.
6. Any goods for sale must be handmade by members of the
organization.
RECOMMENDED ACTION
Move to approve request of the Craft Club of Sebastian for the
requested dates with standard conditions.
August 4, 1992
Hon. Mayor Lonnie Powell & Councilmembers
City of Sebastian
P.O. Box 780127
Sebastian, F1 32978
Ladies & Gentlemen:
The Sebastian River Art Club is in the process of
setting up our show dates for the 1992-1993 season.
We submit the dates listed below for consideration on
the part of the council for exhibitions at the River-
view Park location:
MONTH ' DATE RAIN DATE
1992
December Sat. 19 Sun. 20
1993
February Sat. 20 Sun. 21
March Sat. 20 Sun. 21
May Sat. 15 Sun. 16
Inasmuch as we prepare a listing of our shows in advance
for distribution throughout the city, as well as the
Chamber of Commerce, we hope you will approve the dates
as listed above so that we may proceed with our printings.
Since we only use the park frontage along USS1 any other
activity that could be sheduled along the river road section
certainly will not interfere with our activities and we
welcome other events in the park at our scheduled dates as a
compliment to one another.
Thank you for your consideration.
Very_~t~ly yours,,.--~
S9~sti~f~ver Et Ciub
/
Phone 7'
Sebastian River Art Club
P.O.Box 780534
Sebastian, Fi. 32978-0534
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
REQUEST FROM MARCH OF DIMES TO
UTiLiZE RIVERVIEW PARK
Approved For Submittal By:
City Manager .i.~~ 2
Agenda Number:
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
08/06/92
08/12/92
Letter dated 8/01/92 from Joni
Rousch
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The March of Dimes is requesting permission from the City Council to
utilize Riverview Park on October 17, 1992 from 10:00 a.m. to 4:00 p.m.
to sponsor an arts and crafts show and food festival.
RECOMMENDED ACTION
Move to approve the request from March of Dimes to utilize Riverview Park
on October 17, 1992 from 10:00 a.m. to 4:00 p.m. This approval is subject
to the following conditions:
1.)
2.)
3.)
4.)
5.)
6.)
7.)
$100.00 security deposit.
No vehicles within the park.
Applicant to provide sufficient waste receptacles and clean up after
event.
No alcoholic beverages are permitted within the park.
All displays must be clear of the sidewalks and entrance ways.
The sale of premanufactured items is prohibited.
Applicant must contact the Health Department regarding the sale of
food.
March of Dimes
Birth Defects Foun;ll~tion
Treasure Coast Division
2115 14th Avenue
Veto Beach Florkla 32960
Telephone 407 562 0115
August 1, 1992
Attention: Sebastian City Council
Dear Members:
The March of Dimes will be sponsering an Arts and Crafts and
Food Festival on October 17, 1992 from 10:00 a.m. to 4:00 p.m.
This will be a fundraiser and a "Kick-off" for our annual March
of Dimes Fall Walk.
We would, like to ask permission to use Riverview Park on this
date. The proceeds from the booth rental will benefit the
March of Dimes.
Thank You,
Joni Rausch
Chairperson
(407) 589-8251
SENT BY:CITY OF VERO B~CH ; 8- 4-92 ; 3:4~PM ; MAIL ROOr, l~ 95895570;~ 2/ 2
City of Vero Beach
1053 - 2OrA PI,ACE - P. O. BOX 1M!9
VEdlO B'lf~ C11, I"LOI~IDA - 32961-1389
Tdeph~m~.: (407) 567-5151
August 3, 1992
Mayor .Lonnie R. Powell
City of Sebastian
P. O. Box 780127
Sebastian, Florida 32978-0127
Dear'Mayor Powell:
At its May meeting, members of the Treasure Coast Council of
Local Governments voted to include Sebastian as part of its
membership. We hope you will join us!
Sebastian City Council would need to select a member from its
ranks to be their representative to the TCCLG,
Meetings are held on the first Wednesday of each month at lO
A.M., St. Lucie County Administration Building, Conference
room #3.
Please let us know. by phone (City Hall 567-5151 - Home 231-
4815} to whom we should forward a copy of the September
agenda.
With kindest regards,
Caroline D. Ginn, Chairman
Treasure Coast Council of Local Governments
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-533O D FAX (407) 589-5570
SUBJECT: )
RATIFICATION OF CAPTAIN HIRAM'S )
SITE PLAN REGARDING THE ABANDONMENT)
OF NORTH CENTRAL AVENUE. )
Approved For Submittal By:
City Manager .... . ~ ."
Agenda Number:
Dept. Origin: Community Development
(BC)~
Date Submitted: 8/06/92
For Agenda Of:
8/12/92
Exhibits:
1.) Copies of site plan regarding
abandonment of North Central
Avenue.
2.) Letter dated August 6, 1992 from
Thomas Collins with backup.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Planning and Zoning Commission at its regular meeting of June 18,
1992, approved the site plan modifications regarding the abandonment of
North Central Avenue for Captain Hiram's, subject to the adoption of
Ordinance # o-92-13. The proposed site plan represents ingress and egress
onto U.S. Highway 1 and a curb cut onto North Central Avenue allowing
ingress into the property. Staff would recommend that the City Council
approve the site plan for that portion relating to the abandonment of
North Central Avenue subject to the following:
1.) Ail conditions outlined in Ordinance # O-92-13 shall be enforced.
2.) Ingress and egress shall be permitted onto U.S. Highway 1 subject to
F.D.O.T permits and the construction, of ~island divider separating
the ingress and egress onto U.S. Highway 1. (See attached drawing).
This island divider would prevent any vehicles attempting to make a
left hand turn while exiting onto U.S. Highway 1.
3.) There will be no curb cut allowed onto North Central Avenue.
Page Two
RECOMMENDED ACTION
Move to approve the site plan for Captain Hiram's relating to the
abandonment of North Central Avenue subject to the following:
1.)
2~)
3.)
Ail conditions outlined in Ordinance # O-92-13 shall be enforced.
Ingress-and egress shall be permitted onto U.S. Highway 1 subject to
F.D.O.T permits and the construction of a island divider separating
the ingress and egress onto U.S. Highway 1. (See attached drawing).
This island divider would prevent any vehicles attempting to make a
left hand turn while exiting onto U.S. Highway 1.
There will be no curb cut allowed onto North Central Avenue.
l'/
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Capt. Hiram's
SEBASTIAN INLET MARINA
Home of the 'World Famous' River Raw Bar
Waterfront Banquet Facilities * Catering Service
August 6, 1992
Mayor Lonnie Powell and City Council Members
City Hall
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
HAND DELIVERED Auqust 6, 1992
Re: Vacating North Central Avenue
Dear Mayor Powell and City Council Members,
We have wrestled and wrestled with the various options for
access and egress to our property off of Highway US#i and
Central Avenue. As you know, we have also consulted with no
less than 4 professionals, including the City Engineer and the
City's Traffic Consultant.
We are still of the opinion that an access and egress off of
US#i is by far the best alternative. We are enclosing a revised
sketch that addresses Mayor Powell and Vice Mayor Overbeck's
concerns about a vehicle attempting to make a left hand turn
onto US#i directly into oncoming traffic. You will note we have
added a barrier, (traffic direction island), between the
incoming and outgoing traffic, which positively directs all
exiting traffic on US#i to make a right turn. We also propose 2
large "NO LEFT TURN" signs to mark the exit.
In addition, it was not pointed out at our meeting on the 5th,
that exiting vehicles on North Central Avenue now have the
option of going left directly into oncoming traffic. We intend
to eliminate this possibility by allowing only access to our
property from Central Avenue, and no exit. There simply is no
difference between a car making a left hand turn from Central
Avenue into oncoming traffic on US#l, which is the current
arrangement, or a car attempting to make a left hand turn onto
US#l into ongoing traffic from a new curb cut. In fact, the
problem will be eliminated by restricting exiting traffic off of
Central Avenue and the installation of the barrier island which
forces traffic to make a right hand turn when they exit onto
US#1.
By Car: 1606 Indian River Drive, Sebastian, FL 32958
Phone: (407)589-4345
By Boat: Marker 66 on the Intracoastal Waterway
FAX: (407) 589-4346
Mayor Powell and City Council Members
August 6, 1992
Page 2
I might also point out, in our 6 years of existence, and to my
knowledge, for many, many years prior to our ownership, no
accidents have occurred involving a vehicle that has left our
property by exiting on Central Avenue then onto US#i.
We also think it important to maintain the access only off of
Central Avenue as shown on the drawing and approved by Planning
and Zoning. Southbound cars on US#i can have direct access to
our property without having to go past our business, make a U-
turn, which is potentially dangerous, and then come north on
US#i to our entrance. I am enclosing a letter from John C.
Atz, P.E., the City's Traffic Engineer, wherein they concur with
this layout.
In summary, we are hopeful the Mayor and City Council realize we
have done everything humanly possible to work this situation
out. All of us share the same concern with the dangers
associated with the off-ramp arrangement with the current layout
of Central Avenue and we firmly believe the proposed new
configuration, particularly with the barrier directing exiting
traffic to the north is the best possible arrangement.
Thank you for your kind attention.
Sincerely,
~. Collins
Enclosures
cc:
Rob McClary, City Manager
Dan Ekis, City Engineer
Bruce Cooper, Director of Community Development
Charlie Nash, City Attorney
Jim Hoffman
Martin Carter
Dick Smith
Mr. Thon~ H. Collins
8ebasttan Inlet Marina amd Trad~
160~ Indian River Drive
~bast~m, FL 32~8
July 30, 19~2
O00852
RE: ~ Central Aven~
Doar Mr. Collins:
· mprovemen~ we beliew ,~,- --'..-. ........ ~' - - ~ ~ mr, mmm nn~ rue I;~'oposed NDOT medln~
------- --.-..~-, ,,~.u ~,, ~.~n~rm Avenue aoes presort, t a lmt~nt~ti snfmy haza~
standards are knplemented q~e.~. ~ radt~ lane ~ etc.).
Waere t~ atto ~he potential for eonnect~ the ptoposod ~
~_s~d~?. !_Y,,r.?mmen~tMs .amnection be in~'ess ~ (Jmuth~ml,( on -~ ~. ~ ~ Avenue, We
trom e~t~g onto ~.;entraI Avsn~e. . Contral). Vehicles ~hould be proldblt~l
of 'Pransportatlon must ultimate~ decide om how ac~m onto U&I should be ~raut~L If you have any
que~tons, please feel ~ee to contact m,
KIMI.EY-HORN AND ASS~~ INC.
John C Atz, P. IL
ORDINANCE NO.: 0-92-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING A PORTION OF THE CENTRAL
AVENUE RIGHT-OF-WAY LOCATED EAST OF U.S. HIGHWAY 1,
ALSO KNOWN AS STATE ROAD 5, WEST OF INDIAN RIVER DRIVE
AND NORTH OF MAIN STREET; PROVIDING FOR THE
PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY
EASEMENTS; PROVIDING CONDITIONS; PROVIDING FOR
RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida (hereinafter the "City Council"), has
determined that a portion of the Central Avenue right-of-way
located east of U.S. Highway 1, also known as State Road 5, west of
Indian River Drive and north of Main Street, in the City of
Sebastian, indian River County, Florida, (the "Road Right-of-
Way"), no longer serves the public interest and necessity; and
WHEREAS, the City Council, on behalf of the City of Sebastian,
(the "City"), has determined that it would be in the best interests
of the City and its residents to vacate the Road Right-of-Way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. VACATION OF ROAD RIGHT-OF-WAY. The City hereby
vacates the Road Right-of-Way located in the City of Sebastian,
Indian River County, Florida, more specifically described as
follows: Beginning at a found 2" iron pipe located at the
Southwest corner of Lot 21, INDIAN RIVER HILLS SUBDIVISION, as
recorded in Plat Book 4, Page 51, Public Records of Indian River
County, Florida; thence South 44 degrees 35' 21" West along the
Westerly pro3ection of the South line of Lot 21, 24.98 feet to the
Easterly Right of Way Line of U.S. Highway No. 1, thence North 36
degrees 40' 33" West along said Easterly Right of Way Line of U.S.
Highway No. 1, 321.49 feet to its intersection with the Westerly
projection of the North Property Line of Lot 8 of said INDIAN RIVER
HILLS SUBDIVISION; thence North 52 degrees 35' 38" East along said
Westerly pro~ection of Lot 8, 80.34 feet to the Northwest corner of
said Lot 8; thence South 26 degrees 46' 22" East along the Easterly
Right of Way Line of Central Avenue a distance of 323.55 feet back
to the Point of Beginning, all of the above lying and being in
Indian River County, Florida.
Section 2. PRESERVATION OF EASEMENTS. Notwithstanding any
provision contained in this Ordinance to the contrary, the vacation
of the Road Right-of-Way as described in Section 1 of this
Ordinance shall not operate to terminate any public utility
easements currently existing in the Road Right-of-Way unless the
public utilities which currently have an interest in such public
utility easements shall consent, in writing, to the vacation of any
such public utility easements.
Section 3. CONDITIONS. The granting of the vacation of
the Road Right-of-Way by the City Council pursuant to this
Ordinance is sub3ect to, and conditioned upon, Sebastian inlet
Marina & Trading Co., a Florida corporation, fulfilling the
following conditions within Two Hundred Seventy (270) days from the
2
date this Ordinance is adopted by the City Council, unless such
time period is extended by the resolution of the City Council at
the sole discretion of the City Council:
That the cost of relocating any existing public
utilities, including power lines, shall be at the
expense of Sebastian Inlet Marina & Trading Co.;
provided, that all such relocations shall only to be
'made with the approval of the utility3 company and the
City Engineer.
That Sebastian Inlet Marina & Trading Co. shall obtain
the approvals of all governmental agencies, including
the Florida Department of Transportation, before
effectuating any changes to the Road Right-of-Way.
That Sebastian Inlet Marina & Trading Co. shall, at its
expense, construct sidewalks with ramps suitable for
wheelchair traffic along the Florida Department of
Transportation road right-of-way of the Road Right-of-
Way that will connect the existing sidewalks from the
northern boundary to the southern boundary of the
portion of the Road Right-of-Way being vacated, at the
expense of Sebastian Inlet Marina & Trading Co.
That Sebastian Inlet Marina & Trading Co. shall, at its
expense, construct curb and gutter replacement and
submit an engineer's plan to the City Engineer for his
approval, in addition to the approval to be obtained by
Sebastian Inlet Marina & Trading Co. from the Florida
3
Department of Transportation.
5. That Sebastian Inlet Marina & Trading Co., at its
expense, shall provide sod to all disturbed lands in
the remaining area comprising the Florida Department of
Transportation road right-of-way of the Road Right-of-
Way.
6. That Sebastian Inlet Marina & Trading Co., at its
expense, shall provide a ten (10) foot wide landscape
.strip in the area ad3acent to the Road Right-of-Way in
accordance with the provisions of Section 20A-13.5 of
the Land Development Code of the City.
7. That Sebastian Inlet Marina & Trading Co., shall
reimburse the City for all expenses incurred by the
City associated with the process that has led to the
consideration of this Ordinance by the City Council,
including fees paid to the City Attorney and the
expense of advertising the legal notice for this
Ordinance.
Sebastian Inlet Marina & Trading Co. shall record an
Affidavit signed by one of its duly authorized officers in the
Public Records of Indian River County, Florida, within said 270
day period attesting, under oath, to the fact that either all of
the conditions listed herein have been satisfied or that one or
more of the conditions listed herein have not been satisfied. If
one or more of the conditions listed herein have not been
satisfied, the vacation of the Road Right-of-Way shall be null
and void.
4
Sebastian Inlet Marina & Trading Co., by and through one of
its duly authorized officers, shall sign this Ordinance
indicating its assent to the conditions contained in this Section
3.
Section 4. RECORDING. The City Clerk is directed to
present this Ordinance to the Clerk of the Circuit for Indian
River County, Florida, for recording in the Public Records of
Indian River County, Florida, on the effective date of this
Ordinance.
Section 5. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
this Ordinance shall not be affected and it 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 ~mmed~aee~y-,~p~m--i~-a~eDe~a upon the issuance of a
building permit .by the City to Sebastian Inlet Marina & Trading
Co. for any site improvements within the portion of Central
Avenue described in Section I of this Ordinance; ~rovided,
however, that this Ordinance ,shal~ b__e void ad initio if no such
building permit is issued on or before February !2, 1992.
5
Sebastian Inlet Marina & Trading Co., by and
through its undersigned officer, assents to
the conditions contained in Section 3 of
this Ordinance.
By:
Print Name:
Office Held:
The foregoing Ordinance was moved for adoption by Council
Member
Council Member
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
Council Member Peter R. Holyk
Council Member George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, 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 one public hearing was held on
this Ordinance at 7:00 p.m. on the day of
1992, 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
Sidewalk ii'-,.sVal iation
Approved for Submit, iai By:
City Man%get ~ '~
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 $ FAX (407) 589-5570
I'e]:t,. :Dr i~ir:
l)~~ ' ~,e Subm-~ t~-~d F~'-:'. . _ 6-~'~'
For Agenda of ~.,5 ~ c'-a~
Exhibits: Fax ~ .......... ~ ='
Don Bc inc and
Fischer and Sonm
EXPENDITURE
T ,
REQU,REL'
AMOUNT
BUDGETED:
APPROPRi ATI ON
REQU I RED:
The Engineering Department has twice before advertised to
bid the sidewalks along [7. S. Highway ~i and had. not
received a bid at, either time. Following the first
advertisement for bid a meeting was held with local
contractors to discuss probleme~ with the project ~"
effort tc resolve any concerns that the contractors would
have with the Construction of the sidewalks.
Approximately two weeks was given and svilt no bids were
received for the construcmion of the sidewalks. As a
last alternative: City' council }lad approved for staff to
negotiat, e with licensed contractore~ %o obtain a cost, for
the const, ruc'sion of the sidewalks along U.S. ~,I. Two
companies showed inter, est and prepared their cost
estln'iates based orl the original construction documents. A
_-~ist of the ~.~u,,~.a~e~.~ .... '-~ arla~ th~ir bid pr,ices are as
follows:
Fischer and Son~; for
$20. 000
~7000
'~',oz',n bids were Oased on the i.'!stai-' .... ~ ~
==~=oh of approximately
9(.)~ sq ft. o~ sidewalks. This ~=. an esr, imated ~uantity
and the a~',tuai cost shall be ~ .... ~ ' '
oa~e~, on ~n the fiezd
n ~ ~ · ~ O~ sidewa .
~-.~ .... remen~ ,- 't',he ik Staff has reviewed both
c~n~ect, oms and have -"' ~ '
ue~ermzned %hat both al-'e licensed in
~.~- aebasm~an and are capable of constructing the
pr-cj act.
.... =~ reconun¢;nds move to award bid to Fischer and ~
' oO~QS
fox construction for $20,000 as 'based on in the field
measurement, of the sidewalk.
INC.
1 EL: 1-40 F-/2b-/EB9
Proposal
~II0~AL SUBIiITT[D 10
~ of Sebastian
STIE£T
P#ON[
JOB NAM[
Ru9 U~,92 15:5b N0.UU1 ?.O2
Don Bo. Inc.
eonerste eontrletor
PmgeNo. 1 of 1 Plges
DAli ..........
I 08-03-92
CITY. SLAT[ AND ZIP COOl
ARCHITECI T PAll: 0£ PLANS
CiC7 Walks
lOB LOCAll0N
LOT
J.......... [JOB
Remove Sod & Orade, Remove Broken Concrete & Replace,
WalkYa¥$~L.Fix &-Replace Curb .........
Remove Concrete & Drive at old Police
Station
~nstall Ne~
Handicapp~
All Debis[B~oken Concrete & Sod) Wli1 be
to be Remove~._b~ the City o~...~ebastian
Stock Piled BehXnd Super Amertcn
$ 27,000.00
Based on 9,000
Owncr io Supply '
Grade +/- l-lOth
Survey. Bld. Corner's with Elev.
All Testing Required
Access for Concrete Trucks
Soil Treatment
Peyr.e.I to, l,e ir'l"O~ OS IOItowf,~
clollltrs (S.
flOflllll Wofkmlhllke mlflrllr accot'~llng tO SPeCIfiCAtiOnS suDmflteO,
sutance. Ou~ wofke/s ilo lully COveolO DY work~n'i COmPens&uon Irilur/nge.
ACCEPTANCE OF PROPOSAL v,, 6~o.t n,.es, ~De,,liotm.~ Jfld cu,,ul,
lllys.
AUG 05
15:41FISCHER&SOM'SAA
Land ~g · Top Quality l~ll
P. O. Bco~ 780068
Sebastian, Florida 32978-0068
(4o'r) ~s~-3~
RIVERV!'RW PARK AND US-1 SIDEWALK
8/4/92.
REMOVE EXISTING SIDEWALKS 'AND G]~ ASS:
LAI~OR
SAFE~ BARRICADES
DENSITY TESTING
CONC~ WALKWAYS
'CONCRETE ENTRYWAY
INSTALLATION
$6,990.00
· 525.00
350.00
,~ 1.35 sf
t 1.50 sf
NoT RESPONSmLE FOR SODDING, SEED2NO, REMOVAL OF pOWER
PoLE, REMOVAL OF MAILBOXES, ANY UNDEROROLrND UTILITIES.
WORK WILL BE DONE IN A NEAT WORKMANLIKE MANNER.
TIME OF COMPLETION 1S 10 WORKING DAYS.
HENR/Y A. FISCHER
VICE PRESIDENT
P.2/2
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: Stevenson - City
Land Trade
Approved For Submittal By:
Clty Manager ~~ ~
Agenda No. ~J'~ / ~
Dept. of Origin= City Manager (RSM)
Date Submitted: 08/06/92
For Agenda Of: 08/12/92
Exhibits: -Portion of Tax Atlas
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED
APPROPRIATION
REQUIRED:
S~Y STATJ~MENT
In 1977 Paul and Hazel Stevenson donated to the City a tract of
land which is situated to the east of Indian River Drive, north
of Fellsmere Road and south of Coolidge Street. This tract is
known as the Stevenson Park and lies directly east of the "CAV-
CORP" property. Mr. & Mrs. Stevenson have recently sold other
property they own in this area. During the title search it was
discovered that Mr. & Mrs. Stevenson, as part of the 1977
donation to the City, had also transferred a small tract on the
east side of Indian River Drive just north of the Yacht Club.
This tract is approximately 41 feet north/south and 60 feet
east/west or approximately 2,400 square feet (.06 acre) Mr. &
Mrs. Stevenson claim that the transfer of this property in 1977
was done in error and that it was their intention to maintain
ownership of this property. Mr. & Mrs. Stevenson also own a
tract of submerged land due east of this parcel which is
approximately 41 feet north/south by 190 feet east/west which is
approximately 7,700 square feet (.17 acre). The submerged
property is no longer accessible with the transfer of the smaller
tract to the City in 1977. The Stevenson's have offered to trade
a portion of the smaller tract for an easement on the submerged
tract. In exchange for approximately 35.48 feet of frontage (the
City would retain an easement on the southern 5 feet) the
Stevensons would grant the southern 5 feet of the larger
submerged tract. Additionally, they would provide a construction
easement on the entire tract. The new 5 foot easement would be
greatly beneficial to the City should we wish to reconstruct the
north seawall. Currently, the seawall cap is on the north
property line.
Given the circumstances of the original transfer in 1977 plus the
benefit to the City of gaining a five 'foot easement for future
seawall reconstruction, i believe the proposed trade would be in
the best interest of the City.
REcoMMENDED ACTION
Move to approve the proposed exchange between the City and Paul
and Hazel Stevenson subject to City Attorney approval of all
documents and reimbursement to the City of all expenses necessary
to effect.this transaction.
\
O -~ 'r s '~
RIVER
TOWNHOMES ~
G.L.7
1;3
CITY LIMITS
Ev!s~oN
JAN. i~ 1985
'D
~iii iREViSION
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST OF TIME EXTENSION FOR
SAN SEBASTIAN SPRINGS WEST
PRELIMINARY PLAT
Approved For Submittal By:
City Manager ........ ~.,,~L
Agenda Number: ~.~
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
8/06/92
8/12/92
( BC )~.,
1.) Letter dated July 28, 1992 from
Carl Fischer.
2.) Preliminary plat site plan.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The original preliminary subdivision plat for San Sebastian Springs West
was approved on October 28, 1987. On January 3, 1990, the City Council
approved a 12 month time extension for the preliminary subdivision. On
February 13, 1991 the City Council approved an 18 month time extension
which will expire August 13, 1992.
Mr. Carl Fischer is now requesting a time extension of 5 years to complete
the development. Staff would point out that Section 20A-16.4E of the Land
Development Code provides for only an 18 month time extension for a
preliminary subdivision plat.
RECOMMENDED ACTION
Review the request for time extension from Carl Fischer.
JUL :" 9 1992
· . O.,Box 7800~
i.j .. tVlr.~rm~ Cooper ....
San Sebastian
~g ~ ~a~z is greasy apl~ia~
Carl Fischer
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
REQUEST OF TIME EXTENSION
REGARDING DECRISTOFARO
SANDMINE.
Approved For ~ubmitta~By:
City Manager ~//z //~/ //~ ~-
Dept. Origin: Community Development
Date Submitted: 8/06/92 (BC~/j~
For Agenda Of: 8/12/92
Exhibits:
1.) Letter dated June 12, 1992 from
Randy Mosby.
2.) Application for special use
permit.
3.) Resolution # R-91-03.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of January 22, 1991, the City Council approved
resolution # R-91-03 for DeCristofaro sandmining operation. The engineer
of record for this project, Randy L. Mosby, has indicated in his letter
dated June 12, 1992 that there has been no mining activities as of yet.
This property was never given the full authorization to proceed with any
sandmining operations, due to the 4ack of the applicants posting of a
performance and restoration bond. This sandmining operation was approved
strictly for the removal of sand in order to improve the property for a
future industrial subdivision.
Staff would recommend that only one additional 12 month time extension be
given to the applicant. The failure to post the required performance and
restoration bond and the lack of any activity during this next time
extension, Staff would not recommend any additional time extensions.
RECOMMENDED ACTION
Move to approve a 12 month time extension for the DeCristofaro sandmining
operation, originally adopted by Resolution # R-91-03 to expire January
21, 1993. '
MOSBY AND ASSOCIATES, INC,
CONSUL. TING ENGINEEP,~
JUN i 4 1992
P.O. BOX ~8
VERO BEACh,, FLORID~ 3296~
~07-56.q-O035
June 12, 1992
Mr. Bruce Cooper
Building Official
City of Sebastian
Post Office Box 127
Sebastian, Florida
32978-0127
Subject:
Flatt Land Mine
Sebastian, Florida
Engineer's Project No. 92-155
Dear Mr. Cooper:
As a follow-up to our letter dated February 18, 1992, no land
mining activities have occurred at the subject project over the
past year.
Should you require further information or clarification,
call.
~andy,)l L. ~sby, P.~E.
/
RLM: nb
please
cc: Mr. Howie DeCristofaro
illegal, and shall not bs specifically prohibited pursuant to the
comprehensive plan or other applicable la~ or regulations.
The City Council shall not g~an~ any special use permit under
~hi~ section unless i~ shall make findings based upon ~he
evidence presented ~o l~ tn each oase thatt
~) The granting o~ ~he permi~ ~ill not be detrimental
public safe~y, health or welfare or be in}urlous
o~her proper~ies or i~prov~men~s vt~hin
vicinity in which ~b~ property is lo~atedl
2) The use reques~e~ t8 consts~en~ ~t~h ~he purpose an~
lnten~ o~ the respective dls~ri~ and can be
demonstrate6 ~o be 81mlla~ in nature and compatible ~l~h
the uses allo~efl in such
The ~ee for a special use permt~ ts $150 (es~abltsh~
Resolu~ion No. ~-88-09), In ad6i~ion hhe applt~an~ mus~ p~ovide
the Cit~ Clerk's office vl~h a lis~ of hhe surrounding proper~y
ovner~ ~i~hin a 200' radius of ~he 8ub~ect proper~ along
~he ~ppropriate certi~l~ return receip~ mailing fee (~ur~en~l~
$2.29 for U.S. mailiag).
~DRESS OF APP~ICA~Ti' 709 ~est F~scher
Sebastian, Florida 3~58
APPLICANT PBONE t t: 407:589-7971
ADDRESS OF SUBJECT PROPERTY: N/A
LEGAL DESCRIPTION OF SUBJECT PROPERTY, -~el, Atta~lh. ed
ZONING OF SUBJECT PROPERTY = Jndu~ria)
REASON FOR REQUEST FOR SPECIAL USE PERMIT:
TttE BUILDING OFFICIAL NAY REQUIRE ADDITIONAL BACKUP INFORMATION
FOR CERTAIN R~QUESTS
Tony ~F. DeCristofaro
b: specuse, spp
~"""'~3 91, lqq~
Date
RESOLUTION NO.: R-91-03
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL
USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS
PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND
APPROXIMATELY 10 ACRES IN SIZE MORE OR LESS FOR CERTAIN
PROPERTY IN THE NORTHEAST SECTION OF THE CITY OF
SEBASTIAN, ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD
DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD~
LOCATED IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
CITY OF SEBASTIAN~ PROVIDING FOR COMPLIANCE WITH THE
REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBAS. TIAN~ PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR
THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A
TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR
REPEAL OFRESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Randy Mosby of Mosby Associates, on behalf of the
owners, Jo Doris Flatt and Tony H. and Lisa Gayle DeCristafaro, has
applied for the issuance of a special use permit for the mining of
sand and soil materials from a tract of land which is located in
the City of Sebastian, Indian River County, Florida; and
WHEREAS, the Applicant has participated in various pre-
application discussions with appropriate members of the City staff;
and
WHEREAS, the Applicant has obtained a permit from the St.
Johns River Water Management District to operate the mine as
requested in its application; and
WHEREAS, the City staff has determined that the Applicant's
application for a special use permit should be approved subject to
certain conditions; and
WHEREAS, at its regular meeting on August 16, 1990, the
Planning and Zoning Commission recommended approval of the
Applicant's request for the granting of a special use permit for
the mining of sand and soil materials from a tract of land the
Applicant owns located in the City of Sebastian; and
WHEREAS, the City Council has considered the recommendations
and comments of the Planning .and Zoning Commission and the City
staff; and
WHEREAS, the City Council has conducted a public hearing after
compliance with the provisions of Section 20A-2.6 D of the Land
Development Code of the City of Sebastian to afford the input of
comments and evidence from all interested persons, citizens and
affected persons; and
WHERF2~S, the City Council has determined that the granting of
the special use permit to the Applicant will not be detrimental to
the public safety, health or welfare or be injurious to other
properties or improvements within the immediate vicinity in which
the Applicant's property that is the subject of the special use
permit is located; and
WHEREAS, the City Council has determined that the use
requested by the Applicant, the mining of sand and soil materials,
is consistent with the purpose and intent of the zoning district
where the Applicant's property that is the subject of the special
use permit is located and is similar in nature and compatible with
the uses allowed in that zoning district.
2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section.1. SPECIAL USE PERMIT. The application for the
issuance of a special use permit for the mining of sand and soil
materials submitted by the applicant, Randy L. Mosby, P.E., of
Mosby Associates on behalf of the owners, Jo Doris Flatt and Tony
H. and Lisa Gayle DeCristafaro, for real property located in
Section 7, Township 31 South, Range 39 East, City of Sebastian,
Indian River County, Florida, being more particularly described as
follows:
A PARCEL OF LANDBEING THE SOUTH ONE-QUARTER (1/4) OF THE
NORTHWEST ONE-QUARTER (1/4), OF THE NORTHEAST ONE-
QUARTER (1/4), OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39
EAST; AND ALSO, BEGINNING AT THE SOUTHWEST CORNER OF
~OVERNMENT LOT 1, OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE
39 EAST, RUN NORTH 330.00 FEET ALONG THE WEST LINE OF
SAID ~OVERNMENT LOT 1; THENCE, DUE EAST ON A LINE
PARALLEL TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1, TO
THE RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY;
THENCE, IN A SOUTHERLY DIRECTION ALONG SAID RIGHT-OF-
WAY TO THE SOUTH LINE OF GOVERNMENT LOT I IN SECTION 7,
TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE, WEST TO THE
POINT OF BEGINNING; EXCEPT THAT PART OF SAID GOVERNMENT
LOT I USED AS RIGHT OF WAY FOR PUBLIC HIGHWAY, ALSO LESS
AND EXCEPT THE FOLLOWING PARCEL OF LAND, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 2: THE EAST
300.00 FEET THEREOF ASMEASURED PERPENDICULAR TO THE WEST
RIGHT OF WAY LINE OF THE OLD DIXIE HIGHWAY, SAID.EAST
300.00 FEET BEING WEST OF AND COINCIDENT WITH SAID WEST
RIGHT OF WAY LINE OF THE OLD DiXiE HIGHWAY;
AND ALSO
THAT CERTAIN PROPERTY LYING WITHIN, THE SOUTHERLY ONE-
HALF (1/2) OF THE WESTERLY 260.92 FEET, OF THE SOUTHERLY
ONE-QUARTER (1/4) OF THE NORTHWEST ONE-QUARTER (1/4) OF
THE NORTHEAST ONE-QUARTER (1/4) OF SECTION 7, TOWNSHIP
31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA,
THE EXTERIOR BOUNDARY OF WHICH IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SECTION
7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID POINT ALSO
BEING THE SOUTHWEST CORNER OF GOVERNMENT LOT 1, SECTION~. ~'~'..i ..'."- -.'- '
7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, THENCE S 89 DEGREES
44' 34" W, 1063.63' TO THE POINT-OF-BEGINNING THENCE
CONTINUE S 89 DEGREE 44' 34" W, 260.92 FEET; THENCE N.
00o 01' 30" E, 166.88 FEET THENCE N. 89o 42' 39" E,
260.92 FEET; THENCE S 00o 01' 29" W, 167.02 FEET TO THE
POINT-OF-BEGiNNING, SAID PARCEL OF LAND BEING AND LYING
IN INDIAN RIVER COUNTY, FLORIDA. ALSO, RESERVING AN
EASEMENT OF INGRESS, EGRESS, AND UTILITY PURPOSES ON,
OVER, UNDER AND ACROSS THE NORTHERLY 30 FEET, MEASURED
PERPENDICULARLY TO THE NORTHERLY BOUNDARY THEREOF
is granted, subject to the requirements and conditions contained
in this Resolution.
Section 2.
CONDITIONS OF APPROVAL AND CONTINUATION OF THE
SPECIAL USE PERMIT. The approval of the City Council of the
application of the Applicant for a special use permit that is the
subject matter of this Resolution and the continuation of such
special use permit until its expiration as provided for in this
Resolution is conditioned on the continuous satisfaction of, and
compliance with, the following requirements by the Applicant or its
successors and assigns:
A. Compliance with the provisions of all applicable
federal and Florida statutes, rules and regulations,
county ordinances and the ordinances and resolutions of
the City of Sebastian, including, but not by way of
limitation, Sections 20A-5.29 and 20A-5.30 of the Land
Development Code.
B. The providing of compliance and restoration bonds to
the City of Sebastian in a form, and for such amounts,
acceptable to the City.
C. The providing of Type A or natural landscaping
buffer/screening in accordance with the Land Development
Code.
D. Applicant shall cut down the grade of the property
in question by removing approximately 82,000 cubic yards
of sand in order to properly engineer and develop said
property.
4
Section 3. EXPIRATION OF THE SPECIAL USE PERMIT. The Special
Use Permit granted to the Applicant pursuant to this Resolution
shall expire at midnight on the 365th day following the passage of
this Resolution.
Section 4. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this ResoIution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 6. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The,~oregoing Resolution was moved for adoption by Coun6ilman
(,//(L4<?~_ 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
5
The Mayor thereupon declared this Resolution duly passed and
adopted this ~ day of ~f , 1991.
By:
ATTEST: W.E. Conyers,/~ayor
/
Kathryn . O'Halloran, CMC/AAE
(S~al)
6
I HEREBY CERTIFY that notice of public hearing on this
Resolution was published in the Vero Beach Press Journal as
required by Section 20A-2.6 D.1 of the Land Development Code of
the City of Sebastian, Florida, that one public hearing was held
on this Resolution at 7:00 p.m. on the day of ,
1991, and that following said public hearing this Resolution was
passed by the City Council.
Kathryn M~ O'Halloran, CMC/AAE
City Clerk
Approv/as'to~ Form ~nd Content:
Charles Ian Nash, City Attorney
City of Sebastian
POST OFFICE BOX 780127 s SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST OF TIME EXTENSION
REGARDING MORCHESKY SANDMINING
OPERATION.
Approved For ~ubmittal By:
City Manager ~~
)
)
)
)
)
)
)
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)
)
)
)
)
)
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Agenda Number:
Dept. Origin: Community Development
(BC)~
Date Submitted: 8/06/92
For Agenda Of:
8/12/92
Exhibits:
1.) Copies of continuation
certificates.
2.) Application for special use
permit.
3.) Letter dated February 12, 1992
from Randy Mosby.
4.) Resolution # R-91-01.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
City. Council at its regular meeting of January 22, 1991, approved
resolution # R-91-01 which granted a sandmining operation for Janee
Morchesky. The applicant did post the necessary performance and
restoration bonds and has removed approximately 5,000 cubic yards of sand
from the property.
Staff has no objections to a 12 month time extension to be granted for the
applicant.
RECOMMENDED ACTION
Move to approve a 12 month time extension for the Morchesky sandmining
operation which will expire January 22, 1993.
The Ohio Casualty Insurance Company
136 North Third Street, Hamilton, Ohio 450~5
CONTINUATION ~JERTIFICATE
IN CONSIDERATION of the p.vm~t of a pr-rnium'of$...Z1Q,O0. ..........
THE OHIO CASUALTY INSURANCE COMPANY hereby continues in force to .... 6/3/_9.3 .............
its bond No 2-855-469 , effective 6/3/91
.................................................................... on behalf of
..... ~. _al3..e~_. Morches.k~.
................................................................... , Principal, in favor of
..... Eity. crc .Sel~-~tiar~ _lYlar~da ...........
.............................................. Obligee,
subject to all irs terms, conditions and limitationB as set forth and expressed in said bond.
This certificate is executed upon the express condition that the Compnny's liabilitT under
said bond and this and a]l continuation cettificates i.,sued in connection therewith shall not be cumulative, and
shall not in any event exceed the amount set forth in said bond, or said amount as it may have been increased
or decreased by any rider (s) or endorsement (s) properly issued by the Company.
Datod this. _S th. ............ day of . .Juae. ............... 19.q2 .
THE OHIO CASUALTY INSURANCE COMPANY,
............ ........
ATTORNEY.IN.FACT
Jo Ann Curries
S~168a
IN CONSIDERATION of the palnnent of a premium ~,,, ..... '. ...............
-, * 230 O0
THE OHIO CASUALTY INSURANCE COMPANY hereby continues in force to .6f.3../.9.3_ ................
its bond No 2-855-470 effective.. .6~.3_/91 ,
......................................... on behalf of
..... .a.~ em J~orc~esky_ ......
................................................... Principal, in favor of
..... :ity- c~ - Seb~tian~..F¢o~ida ....................
..................................... Obligee,
subject to all its terms, conditions and limitations as set forth and expressed in Bald bond.
This certificate is executed upon the express condition that the Company's liability under
said bond and this and all continuation certificates issued in connection therewith shall not be cumulative, and
shall not in any event exceed the amount set forth in said bond, or aatd amount as it ma,/ have been increased
or decreased by any rider (s) or endorsement (s) properly issued by the Company.
th" 5th 1 92
~ .................. day of._-4t, me .............. 9 ....
THE OHIO CASUALTY INSURANCE COMPANY,
zoning regulations, All such uses shall no~ be otherwise
illegal, and sh~ll no~ b~ spe~lfi~all~ prohibited pursuan~ ~o the
~ompr~h~nsive plan or o~h~r applt~abl~ la~ ~or r~ula~lons.
Th~ Cl~y Council shall no~ 9~an~ ~ny sp~tal use p~mlt under
1) The granting of 2he'pe~mte ~111 nb~ be deerlmen2al [o She
public gaiety, heal2h o~ ~el~a~e or be in~urlous
othe~ proper~ies o~ tmprovemenee wlehln the l~edla2e
vicinity tn ~htch ~he prope~y ts~lo~a~edl and
2) The use requested Is consis~en~ vi2h 2he purpose
in~en2 of the respeo2ive dls2~io2, and can be
demons~a2ed 2o be similar in nahu~e and compa~ible
the uses alloeed in such dis~rio2.
The fee Eot s speotal use permit is $1B0 (e~tablishe~ by
· Resolution No. R-88-0g), In addition the applicant must provide
the City Clerk's o£flce with a list of the!surrounding property
owners within a 200' radius of the subject:property along with
the ~pproprtate certified return £ecetpt mailing fee (currently
$2.29 for U.S. mailtag)o i
NAME Or APP~.ICANT: ~anee Horcheskv .........
ADDRESS Or APPI, ICANTf 6032 Nneth IRlanH Ha~'hn. I~n.~
AP~blCANT PHONE t~ 407-589-3246 or 407-569-0035
ADDRESS OF SUBJECT PROPERTY!
DESCRIPTION OF SUBJECT PROPERTYt See Attached
ZONINg OF SUBJECT PROPER~[~! Industrial
REASON FOR REQUEST FOR SPECIAL UBE PERMIT~
Extension Of current mining permit - One Year
TIlE BUII,DIN~ OFFICI~ NAY ~0UIRE ADDITION~J~ BACKUP INFORNRTION
FOR CERTAIN REQUESTS
b
: specuse', app
MCSBY AND ASSOCIATES, INC.
CONSULTING ~NGINEERS
150? 2OT~-'( STREE-
P.O, BOX 6368
VERO BEACH, FLORID,o, 329~:~
40'7-56. 9-0035
February 12, i992
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
Post Office Box 780127
Sebastiah, Florida 32978-0127
Subject:
Morchesky Land Mine
Sebastian, Florida
Engineer's Project No. 92-137
Dear Mr. Cooper:
In accordance with Section 7-121 of the City of Sebastian's Code
of Ordinances, this letter shall serve as the required annual
progress report for the subject land mine. Approximately 5,000
cubic yards have been mined from the land mine. The mining
operation has been slowed down due to the economical situation
causing a decrease in the demand for fill material. The land
mining operation should be complete and restored during this next
year.
For the record, enclosed are photographs documenting the existing
condition of the land mine.
Shoul~ou require further information, please call.
Very~ u our
R y/L Mosby,
RLM:bes
cc Ms. Jannee Morchesky
Mr. Hank Fischer
enc.
RESOLUTION NO.: R-91-01
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL
USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS
PURSUANT TOSECTION 20A-2.6 OF THE LANDDEVELOPMENTCODE
OF THE CITY OF SEBASTIAN FOR A TI~ACT OF LAND
APPROXIMATELY 10 ACRES IN SIZE MORE OR LESS, FOR CERTAIN
PROPERTY IN THE NORTHEAST SECTION OF THE CiTY OF
SEBASTIAN, ON THE WEST SiDE OF THE RIGHT-OF-WAY OF OLD
DIXIE HIGHWAY AND110 FEET SOUTH OF WOODMEREROADLOCATED
IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF
SEBASTIAN; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS
OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE
ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME
WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Jane T. Morchesky has applied for the issuance of a
special use permit for the mining of sand and soil materials from
a tract of land which is located in the City of Sebastian, indian
River County, Florida; and
WHEREAS, the Applicant has participated in various pre-
application discussions with appropriate members of the City staff;
and
WHEREAS, the Applicant has obtained a permit from the St.
Johns River Water Management District to operate the mine as
requested in its application; and
WHEREAS, the City staff has determined that the Applicant's
application for a special use permit should be approved subject to
certain conditions; and -
WI~ERF~A~, at its regular meeting on August 16, 1990, the
Planning and Zoning Commission recommended approval of the
Applicant's request for the granting of a special use per, it for
the mining of sand and soil materials from a tract of land the
Applicant owns located in the City of Sebastian; and
W~ERF~%~, the City Council has considered the recommendations
and comments of the Planning and Zoning Commission and the City
staff; and
w~E~, the City Council has conducted a public hearing after
compliance with the provisions of Section 20A-2.6 D of the Land
Development Code of the City of Sebastian to afford the input of
comments and evidence from all interested persons, citizens and
affected persons; and
W~~, the City Council has determined that the granting of
the special use permit to the Applicant will not be detrimental to
the public safety, health or welfare or be injurious to other
properties or improvements within the immediate vicinity in which
the Applicant's property that is the subject of the special use
permit is located; and
W~ERF~%S, the City Council has determined that the use
requested by the Applicant, the mining of sand and soil materials,
is consistent with the purpose and intent of the zoning district
where the Applicant's property that is the subject of the special
use permit is located and is similar in nature and compatible with
the uses allowed in that zoning district.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. SPECIAL USE PERMIT. The application for the
issuance of a special use permit for the mining of sand and soil
materials submitted by the applicant, Jane T. Morchesky for the
real property located in Section 7, Township 31 South, Range 39
East, City of Sebastian, Indian River County, Florida, being more
particularly described as follows:
The North 1/2 of the South 1/2 of Government Lot 2,
Section 7, Township 31 South, Range 39 East, less Old
Dixie Highway right-of-way. Ail the above situate in
Indian River County, Florida and containing 10.08 acres
more or less.
AND ALSO
Beginning 772.092 feet South of the Northwest comer 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
South a distance of 217.08 feet; thence East a distance
of 98.30 feet to the said Westerly right-of-way of Old
U.S. Highway %1; thence Northwesterly along said West
right-of-way a distance of 238.61 feet more or less to
the point of beginning. Containing 0.30 acres, more or
less.
LESS AND EXCEPT the South 103 feet of the North 990 feet
of Government LOt 1, lying west of Old Dixie Highway,
Section 7, Township 31 South, Range 39 East, said land
lying and being in Indian River County, Florida.
is granted, subject to the requirements and conditions contained
in this Resolution.
3
Section 2.
CONDITIONS OF APPROVALAND CONTINUATION OF THE
SPECIAL USE PERMIT. The approval of the City Council of the
application of the Applicant for a special use permit that is the
subject matter of this Resolution and the continuation of such
special use permit until its expiration as provided for in this
Resolution is conditioned on the continuous satisfaction of, and
compliance with, the following requirements by the Applicant or its
successor~ and assigns:
A. Compliance with the provisions of all applicable
federal and Florida statutes, rules and regulations,
county ordinances and the ordinances and resolutions of
the City of Sebastian, including, but not by way of
limitation, Sections 20A-5.29 and 20A-5.30 of the Land
Development Code.
B. The providing of compliance and restoration bonds to
the City of Sebastian in a form, and for such amounts,
acceptable to the City.
C. The providing of Type A or natural landscaping
buffer/screening in accordance with the Land Development
Code.
D. Applicant shall cut down the grade of the property
in question by removing approximately 82,000 cubic yards
of sand in order to properly engineer and develop said
property.
Section 3. EXPIRATION OF THE SPECIAL USE PERMIT. The Special
Use Permit granted to the Applicant pursuant to this Resolution
shall expire at midnight on the 365th day following the passage of
this Resolution.
Section 4. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall 'further be
assumed that the City Council would have-enacted the remainder of
this Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 6. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
foregoing Resolution was moved for adoption by Councilman
,~ . The motion was seconded by Councilman
was as follows:
Mayor W. E.
Vice-Mayor
Councilman
Councilman
Councilman
and, upon being put to a vote, the vote
confers
Frank Oberbeck ....
Robert L. McCollum
Lonnie R. Powell
Lloyd Rondeau ....
5
The Mayor thereupon declared this Resolution duly passed and
adopted this c~'~ day of(J~'~'~ , 1991.
ATTEST:
Kathryn 6' O'Halloran, CMC/AAE
City Clerk
CITY OF SEBASTIAN, FLORIDA
W. E. Conyers,~ayor
/
(Seal)
I HEREBY CERTIFY that notice of public hearing on this
Resolution was published in the Vero Beach Press Journal as
required by Section 20A-2.6 D.1 of the Land Development Code of
the City of Sebastian, Florida, that one public heari.n~ was held
on this Resolution at 7:00 p.m. on the ~day of ~..~A~ ,
1991, and that following said public hearing this ResOlUtion ~as
passed by the City Council.
Kathryn~M. O'Halloran, CMC/AAE
City Clerk
Approv~
Form and Content:
Charles lan Nash, City Attorney