HomeMy WebLinkAbout09121990CiO, of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
89.205
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 12, 1990 - 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 Harold Lee - First Baptist
Church of Sebastian
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
.A. Proclamation - Constitution Week - 9/17 - 9/23/90
7.- PUBLIC HEARING, FINAL ACTION
ORDINANCE NO. 0-89-30 - Fischer CLUP Amendment -
116.55 Acres
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 WITH RESPECT TO THREE
PARCELS OF LAND, APPROXIMATELY 116.55 ACRES MORE OR
LESS, LOCATED IN THE SOUTHEAST SECTION OF THE CITY,
ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY
RIGHT-OF-WAY, SOUTH AND EAST OF SCHUMANN DRIVE; AND
NORTH OF MABRY STREET; AMENDING THE COMPREHENSIVE USE
PLAN MAP FOR THE FIRST PARCEL OF LAND FROM INDIAN
9/12/90 Regular Meeting Agenda
Page 2
RIVER COUNTY LD-2 (LOW DENSITY) AND MXD (MIXED)
DISTRICTS TO CITY LD (LOW DENSITY) DISTRICT; AMENDING
THE COMPREHENSIVE LAND USE PLAN MAP WITH RESPECT TO
THE SECOND PARCEL OF LAND FROM INDIAN RIVER COUNTY
LD-2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY
MD (MEDIUM DENSITY) DISTRICT; AMENDING THE
COMPREHENSIVE LAND USE PLAN MAP WITH THE RESPECT TO
THE THIRD PARCEL OF LAND FROM INDIAN RIVER COUNTY LD-
2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY IND
(INDUSTRIAL) DISTRICT; PROVIDING FOR THE TRANSMITTAL
OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE. (lst Reading 12/13/89,
Advertised 1/4 Page 1/15/90, 1st PH 1/24/90,
Transmittal to DCA, 8/1/90 Discussion, Advertised 1/4
Page 9/6/90, 2nd PH 9/12/90)
89.205
ORDINANCE NO. 0-89-31 - Fischer Rezoning - 116.55
Acres
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
THREE PARCELS OF REAL PROPERTY IN THE SOUTHEAST
SECTION OF THE CITY, APPROXIMATELY 116.55 ACRES MORE
OR LESS, LOCATED ON THE WEST SIDE OF THE FLORIDA EAST
COAST RAILWAY RIGHT-OF-WAY, SOUTH AND EAST OF
SCHUMANN DRIVE, AND NORTH OF MABRY STREET; REZONING
THE FIRST PARCEL OF REAL PROPERTY FROM COUNTY ZONING
DISTRICTS AGRICULTURAL 1 AND RM-6 (RESIDENTIAL MULT-
FAMILY) TO CiTY ZONING DISTRICT RS-10 (RESIDENTIAL
SINGLE FAMILY); REZONING THE SECOND PARCEL OF REAL
PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1
AND RM-6 (RESIDENTIAL MULTI-FAMILY) TO CITY ZONING
DISTRICT RM-8 (RESIDENTIAL MEDIUM); REZONING THE
THIRD PARCEL OF REAL PROPERTY FROM COUNTY ZONING
DISTRICTS AGRICULTURAL 1, RM-6 (RESIDENTIAL MULTI-
FAMILY) AND IND (INDUSTRIAL) TO CITY ZONING DISTRICT
IN (INDUSTRIAL); AMENDING THE OFFICIAL CiTY ZONING
MAP TO REFLECT THE CHANGE IN ZONING; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE. (lst Reading 12/13/89,
Advertised 8/29/90 Legal Notices, PH 9/12/90)
2
9/12/90 Regular Meeting Agenda
Page 2
90.153 C.
ORDINANCE NO. 0-90-06 - Old Fire Station - U.S.
#1 - CLUP Amendment - .398 Acres
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 CL (COMMERCIAL
LIMITED) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT
FOR LAND LOCATED IN THE EAST CENTRAL AREA OF THE
CITY, APPROXIMATELY .398 ACRES MORE OR LESS LOCATED
ON THE EAST SIDE OF THE RIGHT-OF-WAY OF US HIGHWAY 1,
ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN
STREET AND SOUTH OF FIRST STREET; PROVIDING FO~
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/8/90,
Advertised 1/4 Page 8/14/90, 1st PH 8/22/90,
Advertised 1/4 Page 9/5/90, 2nd PH 9/12/90)
90.153
ORDINANCE NO. 0-90-07 - Old Fire Station - U.S.
#1 - CLUP Amendment - .398 Acres
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING
CERTAIN PROPERTY IN THE EAST CENTRAL AREA OF THE
CITY, APPROXIMATELY .398 ACRES MORE OR LESS LOCATED
ON THE EAST SIDE OF THE RIGHT-OF-WAY OF US HIGHWAY 1,
ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN
STREET ,AND SOUTH OF FIRST STREET, FROM CL
(COMMERCIAL LIMITED) 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 8/8/90,
Advertised 8/29/90 Legal Notices, PH 9/12/90)
90.152
E. ORDINANCE NO. 0-90-08 - Rezoning CL-512 to C-512
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA PERTAINING TO COMMERCIAL ZONING
DISTRICTS; AMENDING SECTION 20A-3.8A OF THE LAND
DEVELOPMENT CODE TO REPLACE THE EXISTING CL-512
ZONING DISTRICT WITH THE C-512 ZONING DISTRICT;
REPLACING ALL REFERENCES TO THE CL-512 ZONING
DISTRICT IN THE LAND DEVELOPMENT CODE TO THE C-512
ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
7/25/90, Advertised 1/4 Page 8/29/90, PH 9/12/90)
3
9/12/90 Regular Meeting Agenda
Page 4
8. PUBLIC INPUT
A. Non?Agenda Items
B. Agenda Items
CONSENT AGENDA
Approval of Minutes - 8/22/90 Regular Meeting,
9/5/90 Workshop
90.204
Approve Sebastian Panthers Request for Fee Waiver
for Field Use and Lighting at Barber Street
Sports Complex - Panther Super Bowl - 11/17/90 -
10 a.m. - 9 p.m. (City Manager Recommendation
dated 8/29/90, Memo from P & R dated 8/29/90)
90.205
Golf Course - Waive Bid Procedure for Purchase of
15 Tons 16-4-8 Fertilizer - Kaiser/Estech, Ft.
Pierce - $8,955 (Staff Recommendation dated
9/4/90, Memo from GC Superintendent dated 9/4/90,
ParEx Info)
90.206
90.207
90.208
Sebastian River Area Art Club - Request for Use
of Riverview Park (Staff Recommendation dated
9/5/90, Letter from Dougherty dated 8/18/90)
Craft Club of Sebastian - Request for Use of
Riverview Park (Staff Recommendation dated
8/16/90, Letter from Wise dated 8/27/90)
RESOLUTION NO. R-90-36 - Administrative Fee -
Noxious Vegetation (Staff Recommendation dated
9/6/90)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, IMPOSING AN ADMINISTRATIVE
FEE OF FIFTY ($50.00) TO ABATE A NUISANCE OF
OVERGROWN OR NOXIOUS VEGETATION; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
90.209
Mid-Florida Schutzhund Club Assignment of Lease
to Indian River Schutzhund Club (City Manager
Recommendation dated 9/6/90, Letter from IR
Schutzhund Club dated 9/4/90, Letter from Mid-FL
Schutzhund Club dated 8/28/90, Current Lease)
4
9/12/90 Regular Meeting Agenda
Page 5
10. PRESENTATIONS
88.193 A.
90.133
Police Station Schematic Design - Architects
Design Group, Inc. (City Manager Recommendation
dated 9/6/90, Schematic Under Separate Cover)
11. COMMITTEE REPORTS/RECOMMENDATIONS
A. CODE ENFORCEMENT BOARD
90.210
Presentation of Case NO. 90-3915 - Bob's
Garage (No Action Required)
B. PLANNING & ZONING COMMISSION
90.211
Proposed Ordinance to Require Mandatory
Numbering of Improved Properties (Staff
Recommendation dated 8/27/90, Memo from DCD
dated 7/26/90, Memo from P & Z dated 8/16/90)
C. CONSTRUCTION BOARD
90.212
Review Proposed Ordinance Amendments
Concerning Contractors' Licensing (Staff
Recommendation dated 8/28/90, 2 Memos from
Construction Board dated 8/28/90,~ Letter from
Sluggett dated 5/30/90)
12. OLD BUSINESS
90.170
Golf Course Parking Lot Improvements - Mosby &
Associates Proposal - Professional Engineering
Services (City Manager Recommendation dated
9/6/90, Mosby Proposal)
13. NEW BUSINESS
89.017
RESOLUTION NO. R-90-32 - Mutual Aid Agreement -
City of Sebastian & Sheriff's Department
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A MUTUAL AID
AND VOLUNTARY COOPERATION AGREEMENT; RATIFYING THE
AGREEMENT AS SIGNED BY THE CHIEF OF POLICE FOR THE
CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
9/12/90 Regular Meeting Agenda
Page 6
90.213 B.
RESOLUTION NO. R-90-33 - Communication Services
Agreement - City of Sebastian & Sheriff's
Department
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A
COMMUNICATIONS SERVICES AGREEMENT; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
90.214 C.
14.
Appoint Earl Petty, Jr. - Sebastian Police.
Officer's Retirement Fund - Board of Trustees
(City Manager Recommendation dated 8/23/90,
Letter from Finance Director dated 8/9/90)
MAYOR'S MATTERS
15. COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
16. CITY ATTORNEY MATTERS
17. CITY MANAGER MATTERS
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.)
ORDINANCE NO. 0-89-30
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 WITH RESPECT TO THREE PARCELS OF
LAND, APPROXIMATELY 116.55 ACRES MORE OR LESS, LOCATED
IN THE SOUTHEAST SECTION OF THE CITY, ON THE WEST SIDE
OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, SOUTH
AND EAST OF SCHUMANN DRIVE; AND NORTH OF MABRY
STREET;AMENDING THE COMPREHENSIVE USE PLAN MAP FOR THE
FIRST PARCEL OF LAND FROM INDIAN RIVER COUNTY LD-2 (LOW
DENSITY) AND MXD (MIXED) DISTRICTS TO CITY LD (LOW
DENSITY) DISTRICT; AMENDING THE COMPREHENSIVE LAND USE
PLAN MAP WITH RESPECT TO THE SECOND PARCEL OF LAND FROM
INDIAN RIVER COUNTY LD-2 (LOW DENSITY) AND MXD (MIXED)
DISTRICTS TO CITY MD (MEDIUM DENSITY) DISTRICT;
AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH THE
RESPECT TO THE THIRD PARCEL OF LAND FROM INDIAN RIVER
COUNTY LD-2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO
CITY IND (iNDUSTRIAL) DISTRICT; PROVIDING FOR THE
TRANSMITTAL OF THE PROPOSED COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of three parcels of property described
herein has made application to the City of Sebastian to amend the
land use designation of said parcels of property; and
WHEREAS, the City Council has found and determined that the
proposed land use amendment with respect to said parcels of
property is in the best interests of the City of Sebastian.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. PARCEL #1. That the Comprehensive Land Use Plan
Map shall be amended to reflect a designation of LD (Low Density)
for the following described real property, now lying and being
within the incorporated area of the City of Sebastian, Indian
River County, Florida:
A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA· BEING THE WEST
120 FEET OF THE SOUTHWEST QUARTER AND ALSO THE NORTH 120
FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER AND ALSO THE NORTH 140 FEET OF THE WEST
180 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER AND ALSO THE WEST 180 FEET AND THE NORTH
120 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER LYING WEST OF THE FOLLOWING
DESCRIBED LINE:
COMMENCE AT THE SOUTH LINE OF THE SAiD SOUTHWEST QUARTER OF
THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH
89° 35' 01" WEST, ALONG THE SAID SOUTH LINE, FOR A DISTANCE
OF 73.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 14"
54' 47" WEST, A DISTANCE OF 50.42 FEET TO A POINT OF
CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS
OF 195.00 FEET; THENCE NORTHWESTERLY AND EASTERLY, ALONG THE
ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 75° 30' 12" A
DISTANCE OF 256.97 FEET TO THE POINT OF TANGENCY; THENCE
SOUTH 89~ 35' 01" WEST, FOR A DISTANCE OF 325.81 FEET;
THENCE NORTH 00°24' 59" WEST, A DISTANCE OF 60.00 FEET TO A
POINT OF CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING
A RADIUS OF 25.00' FEET AND A TANGENT BEARING OF NORTH 89~
35' 01" EAST; THENCE NORTHEASTERLY AND NORTHERLY, ALONG THE
ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 90" 00' 00", A
DISTANCE OF 39.27 TO THE POINT OF TANGENCY; THENCE NORTH
24' 59" WEST, A DISTANCE OF 50.53 FEET TO A POINT OF
CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS
OF 370.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID
CURVE, THRU A CENTRAL ANGLE OF 21" 23' 44", A DISTANCE OF
138.17 FEET TO THE POINT OF TANGENCY; THENCE NORTH 21" 48'
43" WEST, A DISTANCE OF 2371.66 FEET TO A POINT OF CURVATURE
OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00
FEET, THRU WHICH A RADIAL LINE BEARS SOUTH 15" 56' 24" WEST;
THENCE ~NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A
CENTRAL ANGLE OF 104" 29' 46", A DISTANCE OF 89.37 FEET;
THENCE NORTH 21" 48' 43" WEST, A DISTANCE OF 653.36 FEET TO
THE N~RTH LINE OF THE SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
17 AND POINT OF TERMINATION.
CONTAINING 12.00 ACRES MORE OR LESS.
ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER
COUNTY, FLORIDA.
2
~ SECTION 2. PARCEL #2. That the Comprehensive Land Use ~lan
Map shall be amended to reflect a designation of MD (Medium
Density) for the following described real property, now lying and
being within the incorporated area of the City of Sebastian,
Indian River County, Florida:
A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE WEST
HALF OF THE SOUTHWEST QUARTER AND ALSO THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER LESS THE
WEST 120 FEET OF THE SAID WEST HALF AND THE NORTH 120 FEET
OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER AND THE NORTH 140 FEET OF THE WEST 180 FEET OF THE
EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
AND THE WEST 180 FEET AND THE NORTH 120 FEET OF THE SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER THEREOF, LYING WEST OF THE FOLLOWING DESCRIBED LINE:
COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF
THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH
89° 35' 01" WEST, ALONG THE SAID SOUTH LINE, A DISTANCE OF
73.00 FEET TO THE POINT OF BEGINNING; NORTH 14° 54' 47"
WEST, A DISTANCE OF 50.42 FEET TO A POINT OF CURVATURE OF A
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 195.00
FEET; THENCE NORTHWESTERLY AND EASTERLY, ALONG THE ARC OF
SAID CURVE, THRU A CENTRAL ANGLE OF 75~ 30' 12", A DISTANCE
OF 256.97 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89~
35' 01" WEST, A DISTANCE OF 325.81 FEET; THENCE NORTH O0
24' 59" WEST, A DISTANCE OF 60.00 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS
OF 25.00 FEET AND A TANGENT BEARING OF NORTH 89° 35' 01"
EAST; THENCE NORTHEASTERLY AND NORTHERLY, ALONG THE ARC OF
SAID CURVE, THRU A CENTRAL ANGLE OF 90~ 00' 00", A DISTANCE
OF 39.27 FEET TO THE POINT OF TANGENCY; THENCE NORTH 00~ 24'
59" WEST, A DISTANCE OF 50.53 FEET TO A POINT OF CURVATURE
OF A ~URVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 370.00
FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE,
THRU A CENTRAL ANGLE OF 21~ 23' 44" A DISTANCE OF 138.17
FEET TO THE POINT OF TANGENCY; THENCE NORTH 21° 48' 43"
WEST, A DISTANCE OF 2371.66 FEET TO A POINT OF CURVATURE OF
A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00
FEET, THRU WHICH A RADIAL LINE BEARS SOUTH 15° 56' 24" WEST;
THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A
CENTRAL ANGLE OF 104 ~ 29' 46", A DISTANCE OF 89.37 FEET;
THENCE NORTH 21° 48' 43" WEST, A DISTANCE OF 653.36 FEET TO
THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
17 AND THE POINT OF TERMINATION.
3
CONTAINING 75.63 ACRES, MORE OR LESS. ~
ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER
COUNTY, FLORIDA.
SECTION 3. PARCEL #3. That the Comprehensive Land Use Plan
Map shall be amended to reflect a designation of IND (Industrial)
for the fOllowing described real property, now lying and being
within the incorporated area of the City of Sebastian, Indian
River County, Florida:
A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, iNDIAN RIVER COUNTY, FLORIDA, BEING T~E EAST
HALF OF THE SOUTHWEST QUARTER, LYING WEST OF THE FOLLOWING
DESCRIBED LINE:
COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF
THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH
89° 35' 01" WEST, ALONG THE SAID SOUTH LINE, A DISTANCE OF
73.00 FEET TO THE POINT OF BEGINNING; NORTH 14° 54' 47"
WEST, A DISTANCE OF 50.42 FEET TO A POINT OF CURVATURE OF A
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 195.00
FEET; THENCE NORTHWESTERLY AND EASTERLY, ALONG THE ARC OF
SAID CURVE, THRU A CENTRAL ANGLE OF 75° 30' 12", A DISTANCE
OF 256.97 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89 ~
35' 01" WEST, A DISTANCE OF 325.81 FEET; THENCE NORTH O0~
24' 59" WEST, A DISTANCE OF 60.00 FEET TO A POINT OF
CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS
OF 25.00 FEET AND A TANGENT BEARING OF NORTH 89~ 35' 01";
THENCE NORTHEASTERLY AND NORTHERLY, ALONG THE ARC OF SAID
CURVE, THRU A CENTRAL ANGLE OF 90° 00' 00" A DISTANCE OF
39.27 FEET TO THE POINT OF TANGENCY; THENCE' NORTH 00~ 24'
59" WEST, A DISTANCE OF 50.53 FEET TO A POINT OF CURVATURE
OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 370.00
FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE,
THRU A CENTRAL ANGLE OF 21~ 23' 44" A DISTANCE OF 138.17
FEET TO THE POINT OF TANGENCY; THEN'CE NORTH 21" 48' 43"
WEST, A DISTANCE OF 2371.66 FEET TO A POINT OF CURVATURE OF
A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00
FEET, THRU WHICH A RADIAL LINE BEARS SOUTH 15o 56' 24" WEST;
THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A
CENTRAL ANGLE OF 104 ~ 29' 46", A DISTANCE OF 89.37 FEET;
THENCE NORTH 21° 48' 43" WEST, A DISTANCE OF 653.36 FEET TO
THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
17 AND THE POINT OF TERMINATION.
CONTAINING 28.92 ACRES, MORE OR LESS.
4
ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER
COUNTY, FLORIDA.
SECTION 4. 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 5. CONFLICT. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 6. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this 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.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
5
I HEREBY CERTIFY that two notices of public hearing on this
Ordinance were published in the Veto Beach Press Journal as
required by Section 163.3184 (15)(b) of Florida Statute (1987),
and that two public hearings hereon were held at City Hall· City
of Sebastian, the first on the~ day of 198
followed by transmittal to the Department of Community Affairs-~f
the State of Florida, and the second on the day
of, 198 , at which time this Ordinance was
adopted by the City Council.
Kathryn M. O'Halloran, CMC/AAE
Approved as to Form and Content:
Charles Ian Nash, City Attorney
6
ORDINANCE NO. O-89-31
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING THREE
PARCELS OF REAL PROPERTY IN THE SOUTHEAST SECTION OF
THE CITY, APPROXIMATELY 116.55 ACRES MORE OR LESS,
LOCATED ON TME WEST SIDE OF THE FLORIDA EAST COAST
RAILWAY RIGHT-OF-WAY, SOUTH AND EAST OF SCHUMANN DRIVE,
AND NORTH OF MABRY STREET; REZONING THE FIRST PARCEL OF
REAL PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL
1 AND RM-6 (RESIDENTIAL MULT-FAMILY) TO CITY ZONING
DISTRICT RS-10 (RESIDENTIAL SINGLE FAMILY); REZONING
THE SECOND PARCEL OF REAL PROPERTY FROM COUNTY ZONING
DISTRICTS AGRICULTURAL 1 AND RM-6 (RESIDENTIAL MULTI-
FAMILY) TO CITY ZONING DISTRICT RM-8 (RESIDENTIAL
MEDIUM); REZONING THE THIRD PARCEL OF REAL PROPERTY
FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1, RM-6
(RESIDENTIAL MULTI-FAMILY) AND IND (INDUSTRIAL) TO CITY
ZONING DISTRICT IN (INDUSTRIAL); AMENDING THE OFFICIAL
CITY ZONING MAP TO REFLECT THE CHANGE IN ZONING;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of these three parcels of real property
described herein has made application to the City .of Sebastian
for an amendment to the zoning classifications of said parcels;
and
WHEREAS, the City Council has provided notice of the
proposed zoning changes 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 recommended findings and recommendations of its
staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has determined that the requested
changes in zoning are consistent with the Comprehensive Land Use
Plan of the City of Sebastian, as amended.
1
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. PARCEL #1. That the zoning classification
of the following described real property is hereby rezoned from
County zoning districts A-1 (Agricultural) and RM-6 (Residential
Multi-Family) to City zoning district RS-10 (Residential Single
Family):
A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE WEST
120 FEET OF THE SOUTHWEST QUARTER AND ALSO THE NORTH 120
FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER AND ALSO THE NORTH 140 FEET OF THE WEST
180 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER AND ALSO THE WEST 180 FEET AND THE NORTH
120 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER LYING WEST OF THE FOLLOWING
DESCRIBED LINE:
COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWES? QUARTER OF
THE SAiD SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH
89° 35' 01" WEST, ALONG THE SAID SOUTH LINE, FOR A DISTANCE
OF 73.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 14°
54' 47" WEST, A DISTANCE OF 50.42 FEET TO A POINT OF
CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS
OF 195.00 FEET; THENCE NORTHWESTERLY AND EASTERLY, ALONG THE
ARC OF SAiD CURVE, THRU A CENTRAL ANGLE OF 75~ 30' 12" A
DISTANCE OF 256.97 FEET TO THE POINT OF TANGENCY; THENCE
SOUTH 89° 35' 01" WEST, FOR A DISTANCE OF 325.81 FEET;
THENCE NORTH 00°24' 59" WEST, A DISTANCE OF 60.00 FEET TO A
POINT ~F CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING
A RADIUS OF 25.00 FEET AND A TANGENT BEARING OF NORTH 89~
35' 01" EAST; THENCE NORTHEASTERLY AND NORTHERLY, ALONG THE
ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 90° 00' 00", A
DISTANCE OF 39.27 TO THE POINT OF TANGENCY; THENCE NORTH O0°
24' 59" WEST, A DISTANCE OF 50.53 FEET TO A POINT OF
CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS
OF 370.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID
CURVE, THRU A CENTRAL ANGLE OF 21° 23' 44", A DISTANCE OF
138.17 FEET TO THE POINT OF TANGENCY; THENCE NORTH 21° 48'
43" WEST, A DISTANCE OF 2371.66 FEET TO A POINT OF CURVATURE
OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00
FEET, THRU WHICH A RADIAL LINE BEARS SOUTH 15~ 56' 24" WEST;
THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A
CENTRAL ANGLE OF 104~ 29' 46", A DISTANCE OF 89.37 FEET;
THENCE NORTH 21 48' 43" WEST, A DISTANCE OF 653.36 FEET TO
THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
17 AND POINT OF TERMINATION.
CONTAINING 12.00 ACRES MORE OR LESS.
ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER
COUNTY, FLORIDA.
SECTION 2. PARCEL #2. That the zoning classification
of the following described real property is hereby rezoned from
County zoning districts A-1 (Agricultural) and RM-6 (Residential
Multi-Family) to City zoning district RM-8 (Residential Medium):
A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE WEST
HALF OF THE SOUTHWEST QUARTER AND ALSO THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER LESS THE
WEST 120 FEET OF THE SAID WEST HALF AND THE NORTH 120 FEET
OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER AND THE NORTH 140 FEET OF THE WEST 180 FEET OF THE
EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
AND THE WEST 180 FEET AND THE NORTH 120 FEET OF THE SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER THEREOF, LYING WEST OF THE FOLLOWING DESCRIBED LINE:
COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF
THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILWAY' (100' R/W); THENCE SOUTH
89Q 35' 01" WEST, ALONG THE SAID SOUTH LINE, A DISTANCE OF
73.00 FEET TO THE POINT OF BEGINNING; NORTH 14 ~ 54' 47"
WEST, A DISTANCE OF 50.42 FEET TO A POINT OF CURVATURE OF A
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 195.00
FEET; THENCE NORTHWESTERLY AND EASTERLY, ALONG THE ARC OF
SAID CURVE, THRU A CENTRAL ANGLE OF 75~ 30' 12" A DISTANCE
OF 256.97 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89
35' Ol" WEST, A DISTANCE OF 325.81 FEET; THENCE NORTH O0~
24' 59" WEST, A DISTANCE OF 60.00 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS
OF 25.00 FEET AND A TANGENT BEARING OF NORTH 89° 35' 01"
EAST; THENCE NORTHEASTERLY AND NORTHERLY, ALONG THE ARC OF
SAID CURVE, THRU A CENTRAL ANGLE OF 90~ 00' 00", A DISTANCE
OF 39.27 FEET TO THE POINT OF TANGENCY; THENCE NORTH 00~ 24'
59" WEST, A DISTANCE OF 50.53 FEET TO A POINT OF CURVATURE
OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 370.00
FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE,
THRU A CENTRAL ANGLE OF 21~ 23' 44" A DISTANCE OF 138.17
FEET TO THE POINT OF TANGENCY; THENCE NORTH 21° 48' 43"
WEST, A DISTANCE OF 2371.66 FEET TO A POINT OF CURVATURE OF
A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00
FEET, THRU WHICH A RADIAL LINE BEARS SOUTH 15° 56' 24" WEST;
3
THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU ~~
CENTRAL ANGLE OF 104~ 29' 46", A DISTANCE OF 89.37 FEET;
THENCE NORTH 21° 48' 43" WEST, A DISTANCE OF 653.36 FEET TO
THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
17 AND THE POINT OF TERMINATION.
CONTAINING 75.63 ACRES, MORE OR LESS.
ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER
COUNTY, FLORIDA.
SECTION 3. PARCEL #3. That the zoning classification
of the following described real property is hereby rezoned from
County zoning districts A-1 (Agricultural) and RM-6 (Residential
(Multi-Family) and IND (Industrial) to City zoning district IN
(Industrial):
A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE EAST
HALF OF THE SOUTHWEST QUARTER, LYING WEST OF THE FOLLOWING
DESCRIBED LINE:
COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF
THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH
899 35' 01" WEST, ALONG THE SAID SOUTH LINE, A DISTANCE OF
73.00 FEET TO THE POINT OF BEGINNING; NORTH 14° 54' 47"
WEST, A DISTANCE OF 50.42 FEET TO A POINT OF CURVATURE OF A
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 195.00
FEET; THENCE NORTHWESTERLY AND EASTERLY, ALONG THE ARC OF
SAID CURVE, THRU A CENTRAL ANGLE OF 75° 30' 12" A DISTANCE
OF 256.97 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89°
35' 01" WEST, A DISTANCE OF 325.81 FEET; THENCE NORTH 00°
24' 59" WEST, A DISTANCE OF 60.00 FEET TO A POINT OF
CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS
OF 25~00 FEET AND A TANGENT BEARING OF NORTH 89° 35' 01";
THENCE NORTHEASTERLY AND NORTHERLY, ALONG THE ARC OF SAID
CURVE, THRU A CENTRAL ANGLE OF 90~ 00' 00" A DISTANCE OF
39.27 FEET TO THE POINT OF TANGENCY; THENCE NORTH 00° 24'
59" WEST, A DISTANCE OF 50.53 FEET TO A POINT OF CURVATURE
OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 370.00
FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE,
THRU A CENTRAL ANGLE OF 21~ 23' 44" A DISTANCE OF 138.17
FEET TO THE POINT OF TANGENCY; THENCE NORTH 21 o 48' 43"
WEST, A DISTANCE OF 2371.66 FEET TO A POINT OF CURVATURE OF
A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00
FEET, THRU WHICH A RADIAL LINE BEARS SOUTH 15° 56' 24" WEST;
THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A
CENTRAL ANGLE OF 104~ 29' 46", A DISTANCE OF 89.37 FEET;
THENCE NORTH 21° 48' 43" WEST, A DISTANCE OF 653.36 FEET TO
4
THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
17 AND THE POINT OF TERMINATION.
CONTAINING 28.92 ACRES, MORE OR LESS.
ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER
COUNTY, FLORIDA.
SECTION 4. AMENDMENT TO CITY ZONING MAP. The official City
zoning map shall be amended to reflect these changes in zoning
districts pursuant to this Ordinance.
SECTION 5. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 6. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this 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.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
5
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as
required by State Statute and that a public hearing hereon was
held at City Hall, City of Sebastian, on the .... day of
198 at which time this Ordinance was
adopted by the City Council.
Kathryn M. O'Halloran, CMC/AAE
Approved as to Form and Content:
Charles lan Nash, City Attorney
ORDINANCE 0-90-06
AN ORDINANCR 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 CL (COMMERCIAL LIMITED) DISTRICT
TO CG (COMMERCIAL GENERAL) DISTRICT FOR LAND LOCATED IN
THE EAST CENTRAL AREA OF THE CITY, APPROXIMATELY .398
ACRES MORE OR LESS LOCATED ON THE EAST SIDE OF THE
RIGHT-OF-WAY OF US HIGHWAY 1, ~T~O DESIGNATED AS STATE
ROUTE 5, NORTH OF MAIN STREET AND SOUTH OF FIRST
STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, 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 May 17, 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, INDIAN RIVERCOUNTY, FLORIDA, as follows:
Section 1. PROPERTY. That the land use change enacted
by the adoption of this Ordinance shall apply to the following
described real property:
Lots 13, 14, 15, 16 and 17, Block 1, HARDEE'S SUBDIVISION
NO. B, according to the Plat thereof, as recorded in Plat
Book 4, at Page 74, of the Public Records of St. Lucie
County, Florida, said lands now situate lying and being in
Indian River County, Florida: LESS AND EXCEPT THEREFROM the
following described portion of the aforesaid Lot 13,
described as follows: Beginning at the Northwest corner of
said Lot 13, run Southeasterly on the Weste=n line of said
Lot 13 a distance of 5 feet; thence run Northeasterly to a
point on the Northerly line of said Lot 13, said point being
9 feet Easterly of the Northwest corner of said Lot 13,
thence run Southwesterly a distance of 9 feet to the Point
of Beginning.
Section 2. DESIGNATION. That the Comprehensive Land
Use Plan Map shall be amended to reflect a designation of CG
(Commercial General) for the real property that is the subject of
this Ordinance.
Section 3- 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 ~his day of , 1990.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that the notices of public hearing on this
Ordinance were published in the Vero Beach Press Journal as
required by State Statute, that two public hearings were held on
this Ordinance at 7:00 p.m. on the day of
1990, and the day of 1990, and that the
following said public hearing t~S OrdinAnce was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
4
ORDINANCE 0-90-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING~ REZONING CERTAIN
PROPERTY IN THE EAST CENTRAL AREA OF THE CITY,
APPROXIMATELY .398 ACRES MORE OR LESS LOCATED ON THE
EAST SIDE OF THE RIGHT-OF-WAY OF US HIGHWAY 1, AI~O
DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET ,AND
SOUTH OF FIRST STREET, FROM CL (COMMERCIAL LIMITED)
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.
~, 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 May 17, 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:
Lots 13, 14, 15, 16 and 17, Block 1, HARDEE'S SUBDIVISION
NO. B, according to the Plat thereof, as recorded in Plat
Book 4, at Page 74, of the Public Records of St. Lucie
County, Florida, said lands now situate lying and being in
Indian River County, Florida: LESS AND EXCEPT THEREFROM the
following described portion of the aforesaid Lot 13,
described as follows: Beginning at the Northwest corner of
said Lot 13, run Southeasterly on the Western line of said
Lot 13 a distance of 5 feet; thence run Northeasterly to a
point on the Northerly line of said Lot 13, said point being
9 feet Easterly of the Northwest corner of said Lot 13,
thence run Southwesterly a distance of 9 feet to the Point
of Beginning.
Section 2. DISTRICT. That the real property described
in this Ordinance is hereby rezoned from City zoning district CL
(Commercial Limited) 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. All 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 , 1990.
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 Veto Beach Press Journal as
required by State Statute, that one public hearing was held on
this Ordinance at 7:00 p.m. on the day of , 1990,
and that following said public hearing this Ordinance was passed
by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles ian Nash, City Attorney
4
0RDIN~NCE NO. 0-90-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA PERTAINING TO COMMERCIAL
ZONING DISTRICTS; AMENDING SECTION 20A-3.SA OF
THE LAND DEVELOPMENT CODE TO REPLACE THE
EXISTING CL-$12 ZONING DISTRICT WITH THE C-
512 ZONING DISTRICT; REPLACING ALL REFERENCES
TO THE CL-$12 ZONING DISTRICT IN THE LAND
DEVELOPMENT CODE TO THE C-51Z ZONING DISTRICT;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the city
staff has recommended to the City Council of the City of Sebastian,
Indian River County, Florida, that the Land Development Code as it
pertains to the regulation of certain commercial development in a
specific area along the south side of County Road 512 (C.R. 512)
as more specifically provided elsewhere in this Ordinance; and,
WHEREAS, the city staff has concurred with the
recommendations of the Planning and Zoning Commission with certain
minor additional recommendations; and,
WHEREAS, the city council has determined that the
provisions of Section 166.041(3) (c)l. of Florida Statutes apply to
the amendment to Section 20A-3.8A of the Land Development Code
embodied in this Ordinance, and that the City Clerk has complied
with the notice requirements contained therein; and,
WHEREAS, after holding a public hearing and considering
all of the information provided, the City Council has determined
that the CL-512 zoning district should be replace by a C-512 Zoning
District as set forth in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that~
Section 1. Section 20A-3.SA of the Land Development Code
is hereby amended to read as follows:
"Sec. 20A-$.S(A) C-512, Commercial 512 District.
A. Purpose and intent. The C-512 district is established to
implement comprehensive plan policies for managing land designated
for Commercial (C-512) development along segments of County Road
(CR) 512 below defined:
1. Specific area included in C-$12 district. This district
is intended to include all lots abutting the south side of County
Road 512 which are included in the following blocks located within
respective plats of the Sebastian Highlands Subdivision: Blocks
485, 490, 492, 508 and 509 located within Plat Unit 12; Tract A
located within Plat Unit 14; Blocks 188 and 189 located within Plat
Unit 6; and Blocks 185, 186 and 187 located within Plat Unit 8.
The linear distance of the C.R. 512 arterial is approximately ten
thousand (10,000) linear feet or ~.89 miles. The district includes
approximately two hundred fifteen (215) platted lots of record,
eleven (11) dedicated roadways intersecting with C.R. 512, and two
(2) dedicated alleys intersecting with C.R. 512. Along the ten
thousand (10,000) linear feet of CR-512, the existing platted lands
yield a potential for two hundred twenty-eight (228) total curb
cuts into C.R. 512, an average of one curb cut for every forty-
four (44) feet of road frontage.
2. Traffic impacts &long C.R. 512 corridor. The purpose and
intent of the C-512 district is to provide a well planned and
equitable growth management policy for directing future development
within the impact corridor of the C-512 district boundaries above
defined. The existing pattern of development without such
regulation violates accepted principles and practices of traffic
engineering, county road policies and standards, amd adversely
impacts the safety, welfare and convenience of the motoring public.
This statement acknowledges the fact that C.R. 512 is identified
as an arterial highway on the major thoroughfare plans of both the
city of Sebastian and Indian River County. Both acknowledge the
fact that C.R. 512 is a major regional transportation facility
linking U.S. 1 and 1-95 and also linking the cities of Sebastian
and Fellsmere with Indian River County and the City of Vero Beach
urban areas to the south.
3. Plan for off-street parking and controlled curb cuts.
The purpose and intent of the C-512 district is also to restrict
the location of curb cuts within the district, require compliance
with a master plan for parking and curb cut control, and regulate
the timing and intensity of land development in order to alleviate
potential traffic congestion along the C.R. 512 corridor. Although
land within this district is at present relativity undeveloped, if
the regulations prescribed herein were not duly adopted, future
development within this district would generate unsafe and
dangerous conflicts in traffic flow along C.R. 512.
B. Permitted uses. In this district, as a permitted use, a
building or premises may be used only for the below stated uses.
Ail applicable provisions of this code shall be satisfied,
including, but not by way of limitation, site plan review and
performance criteria.
Permitted uses: Limited commercial activities, general
retail sales and services, cultural or civil activities,
places of worship, public or private not-for-pro,it
administrative services, public or not-for-profit clubs,
business and professional offices, medical services, plant
nurseries, restaurants (excluding drive-in), trade and
skilled services, enclosed commercial amusements (without
alcohol beverages) and accessory uses.
C. Conditional uses. In this district, as a conditional use,
a building or premises may be used for only the following
conditional uses upon compliance with applicable conditions stated
in Article VI and all other applicable provisions of this code,
including, but not by way of limitation, site plan review and
performance criteria. The planning and zoning commission shall
ascertain if such conditions and provisions are satisfied. Appeal
of such decisions shall be heard by the city council.
Conditional uses: Public protective and emergency
services, gasoline sales, public and private utilities,
public parks and recreation areas, child care facilities,
hotels and motels with kitchen facilities in units, transient
quarters with kitchen facilities, veterinary medical services,
and accessory uses.
D. Size and dimension criteria:
1. Minimum lot size: none; except twenty thousand (20,000)
square feet for new subdivisions approved subsequent to the
adoption of this ordinance.
2. Minimum lot width: none; except one hundred twenty five
(125) feet for the new subdivisions approved subsequent
to the adoption of this ordinance.
3. Minimum lot depth: none; except one hundred sixty feet
(160) for new subdivisions approved subsequent to the
adoption of this ordinance.
4. Maximum height: 35 feet
5. Minimum setbacks:
(a) Front yard: abutting CR-512:74 feet
(b) All other front yards: 10 feet
(c) Side yard: None if the building is built to the
side property line(s); otherwise a minimum of 10
feet.
(d) Rear yard: 10 feet.
6. Maximum building coverage: 35 percent.
7. Minimum open space (pervious surface): 20 percent.
8. Real yard landscape requirements: A rear yard buffer
strip shall be required pursuant to subsection 20A-
10.2F. in order to provide satisfactory screening of the
district from abutting residentially zoned property.
E. Unified control of land. Ail development proposals having
5
C-512 designation must demonstrate that all land within the project
is held under common ownership whether the proposal is submitted
by an individual, a trust, a joint venture, an association, a
limited liability company, a partnership or a corporation.
F. Mandatory compliance with master par~ing and curb cut
control plan (MPCCCP). The MPCCCP is hereby adopted by reference
and shall apply to all developments within the C-512 district (see
Appendix B).
G. Expansion of uses to adjacent lot(s). An existing
permitted land use within the C-512 district may be expanded to an
adjacent lot or lots of less than one hundred twenty (120) feet
width providing that the following conditions are met and the site
plan for the expansion is approved by the planning and zoning
commission:
1. The subject lot or lots shall be under unified
control with the adjoining subject developed
properties pursuant to subsection 20A-3.SA(E);
2. All such extensions must be constructed as a
contiguous extension to an existing structure on
the adjoining lot.
3. The proposed development shall comply with all codes
and ordinances of the City of Sebastian and
reasonable conditions affixed to the site plan by the
planning and zoning commission and/or the city
council.
H. Compatibility of building lines. No principal structure
6
with the C-512 district shall be set back more than eighty-four
(84) feet from the front property line in order to ensure a uniform
pattern of development along the C.R. 512 corridor."
SeG~ion 2- The Land Development Code is hereby amended
to change all references in the Land Development Code with respect
to the "CL-512 zoning district" to hereafter refer to the "C-512
zoning district".
~ection 3_ CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Sectio~ 4. CODIFICATION. It is the intention of the
City Council of the city of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
Ordinance shall become and be made a part of the Land Development
Code of the city of Sebastian, Florida; that the sections of this
ordinance may be renumbered or relettered to accomplish such
intention; and the word "Ordinance" may be change to "Section",
"Article" or other appropriate designations.
Section 5. BEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this ~rdinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that
the city Council of the city of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the city Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section.6, EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing ordinance was moved for adoption by
Councilman . The motion was seconded
by Councilman and, upon being put to a
vote, the vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powel!
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1990.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers,~Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
OrdinaDce 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 , 1990, and
that ~ollowing ~aid 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
8
The following is a list of actions taken at the September 12, 1990
Regular Meeting.
10.
Proclamation - Constitution Week - 9/17 - 9/23/90 -
presented - (print) file copy in 90 proclamations
89.205 - ORDINANCE NO. 0-89-30 - Fischer CLUP Amendment -
116.55 Acres - adopted - sign, seal - copy to (see page 61
of procedures manual- applicant must be notified within 5
days) - (see also page 59 - five copies of adopted land use
amendment must be submitted to DCA along with 5 agenda
copies) request check for recording - record original - when
returned recorded blueback original - update 0-90 in
computer - also copy to City Attorney
89.205 - ORDINANCE NO. O-89-31 - Fischer Rezoning - 116.55
Acres - adopted - do'in con3unction with 0-89-30 except that
it is not submitted to DCA - update 0-90 in computer - also
copy to City Attorney
90.153 - ORDINANCE NO. 0-90-06 - Old Fire Station - U.S. #1
- CLUP Amendment - .398 Acres - follow same procedures
as for above - update 0-90 in computer
90.153 - ORDINANCE NO. 0-90-07 - Old Fire Station - U.S. #1
- CLUP Amendment - .398 Acres - follow same procedures as
for above - update 0-90 in computer - also copy to City
Attorney
90.152 - ORDINANCE NO. 0-90-08 - Rezoning CL-512 to C-512 -
adopted as amended - add nursing homes as conditional use -
sign, seal - copy to same as rezonings above - record
original - update 0-90 in computer - also copy to City
Attorney
Approval of Minutes - 8/22/90 Regular Meeting, 9/5/90
Workshop - approved - sign, seal - place in minutes book
90.204 - Approve Sebastian Panthers Request for Fee Waiver
for Field Use and Lighting at Barber Street Sports Complex -
Panther Super Bowl - 11/17/90 - 10 a.m. - 9 p.m. - approved
- letter to Panthers - file 90 fee waivers - copy minutes
to file, PW, Finance and Recreation Coordinator
90.205 - Golf Course - Waive Bid Procedure for Purchase of
15 Tons 16-4-8 Fertilizer - Kaiser/Estech, Ft. Pierce -
$8,955 - approved - copy minutes to file, Finance, and GC -
file 90 purchases
90.206 - Sebastian River Area Art Club - Request for Use
of Riverview Park - approved - letter to them - copy minutes
to file, PW and PD - file 90 Riverview Park - give schedule
to Linda L.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
90.207 - Craft Club of Sebastian - Request for Use of
Riverview Park - approved - letter to them - copy minutes to
file, PW and PD - file 90 Riverview Park - give schedule to
Linda L.
90.208 - RESOLUTION NO. R-90-36 - Administrative Fee -
Noxious Vegetation - adopted - copy to file, black book,
Finance, PW, DCD and City Attorney - blue back original -
file - file backup w/ 90s - update R-90 in computer
90.209 - Mid-Florida Schutzhund Club Assignment of Lease to
Indian River Schutzhund Club - approved - Manager will do
letter to IRC Schutzhund Club to assign lease - when done
file w/ airport lease files
88.193 - 90.133 - Police Station Schematic Design -
Architects Design Group, Inc. - Council approved 7400 sq.
ft. etc. - architects to proceed - ask Manager who will do
letter
90.210 - Code Enforcement - Presentation of Case No. 90-3915
- Bob's Garage - no action required - file 90 Code
Enforcement Board
90.211 - P & Z - Proposed Ordinance to Require Mandatory
Numbering of Improved Properties - Attorney directed to
draft ordinance - no time certain
90.212 - Construction Board - Review Proposed Ordinance
Amendments Concerning Contractors' Licensing - Attorney
directed to draft ordinance - no time certain
90.170 - Golf Course Parking Lot Improvements - Mosby &
Associates Proposal - Professional Engineering Services -
approved - have two signed - mail one to Mosby - file our
original in contracts file (miscellaneous)
89.017 - RESOLUTION NO. R-90-32 - Mutual Aid Agreement -
City of Sebastian & Sheriff's Department - adopted - copy to
file, black book, City Attorney, PD, Sheriff's Dept
(Dobeck) and Finance - blue back original and file - file
backup w/ 90s - add dates to agreements per Torpy - todays
date and 365 from date
90.213 - RESOLUTION NO. R-90-33 - Communication Services
Agreement - City of Sebastian & Sheriff's Department -
adopted - copy to file, black book, City Attorney, PD,
Sheriff's Dept (Dobeck) and Finance - blue back original and
file - file backup w/ 90s
90.214 - Appoint Earl Petty, Jr. - Sebastian Police
Officer's Retirement Fund - Board of Trustees - appointed -
memo to him - copy to Board of Trustees (Carol)
23.
24.
Council endorsed "Pelican Days"
Assistant City Manager authorized to attend conference -
copy minutes to Asst. & Finance - file copy in travel
ASsistant City Manager given one month severance Day - copy
minutes to Finance and Assr - copy minutes to personnel
3
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:Request to Waive Fees )
for Panther Super )
Bowl )
Approved For Submittal By:
City Manager
Agenda No.
Dept. Or~ _~ ~~nager
~/~~MeTownsend
Date Submitted ~29/90
For Agenda Of 9/12/90
Exhibits
Memo from Parks and
Recreation Committee
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUM~4ARY STATEMENT
The Breva~d County Youth Football Association has scheduled the
Barber Street Sports Complex for a Panther Super Bowl on November
17th between 10:00 a.m. and 9:00 p.m.
At their August 28th meeting, the Parks and Recreation Committee
recommended the fees for this event -- approximately $35.00 for
field use and lighting -- be waived.
RECOMMENDED ACTION
Motion to waive fees for the November 17th Panther Super Bowl at
the Barber Street Sports Complex.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
M E M O
TO:
THROUGH:
FROM:
THROUGH:
SUBJECT:
DATE:
City Council
Robb McClary, City Manager
Eunice Mercier, P & R Secretar~ ~
Kathryn M. O'Halloran, City Clerkj~.
Bowl Football - Barber Street Softball Field
August 29, 1990
The Parks and Recreation Committee, at their Meeting of August
28, 1990, unanimously approved the following motion:
REQUEST CITY COUNCIL WAIVE THE ELECTRIC
FEE AND THE FIELD USE FEE TOTALLING
$35 . 00 FOR SEBASTIAN PANTHERS ON
NOVEMBER 17, 1990, FOR SUPER BOWL
FOOTBALL ON BARBER STREET'SOFTBALL
FIELD.
elm
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-8330
FAX 407-589-5570
SUBJECT:
Waiver of Bid Procedure
for Fertilizer Purchase
Approved For Submittal By:
City Manager
) Dept. Origin Finance (LWN)
)
) Date Submitted 9/4/90
)
) For Agenda Of 9/12/90
)
) Exhibits: M~no frc~ GCS
)
)
)
EXPENDITURE
REQUIRED: $8,955.00
AMOUNT
BUDGETED: $30,000.00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Golf Course Superintendent requests a waiver of the biddino procedure on
the purchase of 15 tons of fertilizer containing 4 units of IBDU. Par F~
Professional Products is the only c ~c~any licensed to market IBDU in the U.S.
The area distributer is Kaiser Estech of Ft. Pierce and the cost of 15 tons
of fertilizer is $8,955.00. Pursuant to City Code Section 2-63 (j) the City
Council may-waive the bidding procedure as bids shall not be recuired for
items that are available as a matter of commercial reasonableness frc~ one
source only.
RECOMMENDED ACT/ON
Move that a waiver of bidding procedure be granted prusuant to City Code
2-63 (j) and the Golf Course be given authority to purchase 15 tons
of 16-4-8 fertilizer frGm Kaiser Estch of Ft. Pierce in the amount of
$8,955.00.
SEPTEMBER 4,1990
TO: ROBB MCCLARY CITY MANAGER
FROM: CHRIS MCCARTHY G.C. SUPERINTENDENT
VIA: JIM DELARME ACTING G.C. MANAGER~~
RE: WAIVER OF BID PROCEDURE FOR FERTILIZER
I would like to request to waive the bid process
on the purchase of 15 tons of fertilizer. The fertil-
izer will be a 16-4-8 mix with ~units IBDU and 6.6
pounds active ingredient of Kerb per ton. Par Ex
Professional Products is the only company licensed
to market IBDU in the U.S.(see enclosed info.) This
was documented in our last fertilizer bid. The Par Ex
distributer in this area is Kaiser Estech in Fort
Pierce. The cost of this purchase is $8,955.00. If
you have any questions concerning this, please feel
free to contact me.
IBDU is a Par Ex® exclusive.
~~nl~e Par Ex brand of '
fertilizers has it.
Where did it come from?
The need to fertilize rice fields in Japan
challenged scientists there to develop a
slow-release nitrogen source that would
not readily dissolve in water. Mitsubishi
Chemical industries perfected IBDU in
the 1960s and slowly introduced it to
other countries,
What is it?
IBDU is the trademarked abbreviation
for isobutylidene diurea. It's a relatively
new yet proven controlled-release
nitrogen source.
IBDU is totally unique. It is not greatly
affected by temperature or microbial activ-
ily. Instead, iBDU depends almost entirely
on hydrolysis for nitrogen release. And
IBDU is 100% available to the turf in a
single growing season.
IBDU is a nitrogen source containing no
phosphate or potash, but is available in a
wide selection of Par Ex Professional l~rf
Fertilizers containing these elements, in
addition to micro-nutrients.
Why no other turf
fertilizer has it.
ln'N°rth Amea~ the nnly,~
'licensed to ma~k~ IBDU is Par Ex Prof, s:
sional Products. Today, IBDU is so respected
by professional tudgrass managers that
it's used on thousands of American golf
courses, including more than three-
fourths of the top 100.
IBDU. The choice of the pros.
Where is it made?
Since 1985, all of the IBDU used in
America has been manufactured by one
of the most modern fertilizer production
facilities in the world. Located in Bucks,
Alabama. this plant operates 24 hours a
day to deliver the unique, highly consis-
tent slow-release nitrogen source that
makes Par Ex the leader in turfgrass
fertilizers,
City of Sebastia t
POST OFFICE BOX 780~127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
REQUEST FROM SEBASTIAN RIVER ART CLUB TO
UTILIZE RIVERVIEW PARK
Approved For Submittal By:
City Manager
Agenda No. '~)~), c~.0~
Dept. Origin Community Development
Date Submitted 9/5/90
For Agenda Of
9/12/90
Exhibits:
Letter Dated 8/18/90 From Richard Dougherty
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Richard Dougherty from the Sebastian River Art Club is requesting permission to utilize
the Riverview Park on the following dates: 10/20/90, 12/15/90, 1/19/91, 2/2. f~/91,
3/16/91, 5/18/91. ~The club is requesting the following Sunday of each proposed show
date to be their rain date. Even though the City Council previously approved the use
of the park on October .20, 1990 for Christ the King Lutheran Church for a church bazaar,
both parties have be~n, contacted and have no objection with both events~being held on
the same date. As requested by City Council, city staff'has reviewed the conditions of
the grant for Riverview Park and have found no objections or conflicts that would prohibit
the use of the park for these types of events.
RECOMMENDED ACTION
Move to approve the request from the Sebastian River Art Club 'to hold shows on 10/20/90,
12/15/90, 1/19/91, 2/16/91, 3/16/91, 5/18/91 subject to:
1. Rain date will be the following Sunday.
2. $100.00 security deposit (already on file with the City Clerk's Office)
3. No vehicles in the park.
4. Applicant to provide sufficient waste receptacles and clean up after the event.
5. No alcohol beverages are permitted within the park.
6. All displays must be clear of the sidewalks and entrance way~
August 18, 1990
Hon. Mayor W.E. Conyers & Councilmembers
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
Gentlemen:
The Sebastian River Art Club is in the process of
setting up our show dates for the 1990-1991 season.
We request the dates listed below for consideration
on the part of the council for exhibiting shows at
Riverview Park:
MONTH DATE RAIN DATE
October Sat. 20 Sun. 21
December Sat. 15 Sun. 16
January Sat. 19 Sun. 20
February Sat. 16 Sun. 17
March Sat. 16 Sun. 17
May Sat. 18 Sun. 19
Because we do prepare a listing of our shows 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 prepare our
printings.
Your induigence will be appreciated.
~'~bas~n 'Ri~er ~t Club
Richar,/~/Dougherty2'Pi~sident
Phone~//723_~238 '
Sebastian River Art Club
P.O. Box 780534
Sebastian, Fi. 32978-0534
City .of Sebastian
POST OFFICE BOX 780127 ~3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
REQUEST FROM THE CRAFT CLUB OF SEBASTIAN TO
UTILIZE RIVERVIEW PARK
Approved For Submittal By:
City Manager
) Dept. Origin Community Development (~.)
)
) Date Submitted 8/16/90
)
) For Agenda Of 9/12/90
Exh£bi ts:
Letter Dated August 27, 1990 from Sharon
Wise
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Sharon Wise from the Craft Club of Sebastian is requesting permission to utilize the
Riverview Park on the following dates: 10/6/90, 11/3/90, 12/1/90, 1/5/91, 2/2/91,
3/2/91, 4/6/91, and 5/4/91.
RECOMMENDED ACTION
Move to approve the request from the Craft Club of Sebastian to hold shows on 10/6/90,
11/3/90, 12/1/90, 1/5/91, 2/2/91, 3/2/91., 4/6/91, and 5/4/91 at the Riverview Park subject
to:
1. Rain date will be the following Sunday.
2. $100.00 security deposit (already on file with the City Clerk's Office)
3. No vehicles in the park.
4. Applicant to provide sufficient waste receptacles and clean up after the event.
5. No alcohol beverages are permitted within the park.
6. All displays must be clear of the sidewalks and entrance way.
City of Sebastian
, POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Administrative Fee
Re: Noxious Vegetation
Approved For Submlttal By:
city Manager
Agenda No.
Dept. of Origin: Finance (CC)
Date Submitted:
For Agenda Of:
Exhibits:
09/06/90
09/12/90
- Resolution R - 90-36
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian actively enforces the community standards
ordinances which require the abatement of nuisances including
overgrown and noxious vegetation on private property. The
Finance D~partment has evaluated the administrative costs
incurred by the City in conjunction with the enforcement of City
standards. The administrative expense is estimated at fifty
dollars ($50.00) and covers payroll costs of those involved
including the Code Enforcement officer, Code Enforcement Clerical
Assistant, Finance Department Account clerk and Finance Director.
The attached Resolution would impose an administrative fee of
fifty dollars ($50.00) to recuperate those direct costs incurred
by the city.
RECOMMEND ACTION
Move to adopt Resolution R-90-36.
RESOLUTION NO: R-90-36
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, IMPOSING AN
ADMINISTRATIVE FEE OF FIFTY ($50.00) TO ABATE
A NUISANCE OF OVERGROWN OR NOXIOUS VEGETATION;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the city Council of the city of Sebastian,
after reviewing the administrative costs to abate the nui6ance of
noxious vegetation on private property within the city and after
engaging in deliberations, has determined it would be in the best
interest of the City of Sebastian and its citizens, and in
furtherance of a valid municipal purpose, for the City of
Sebastian to charge an administrative fee for the administrative
costs incurred for said nuisance abatement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that;
Section 1. An administrative fee of fifty dollars ($50.00)
is hereby imposed against each property owner for each lot which
is mowed ar caused to be mowed by the City to abate a nuisance of
overgrown noxious vegetation. This administrative fee is in
addition to any actual costs for mowing incurred by the City and
billed to the property owner.
~~Section 2.
CONFLICT.
Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. BEVERABILITY. 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. I~ shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder
to remain in full force and effect.
Section 4. EFFECTIVE DATE.
effect on October1, 1990.
This Resolution shall take
The foregoing Resolution was 'moved for adoption by
Councilman
Councilman
the vote wa~ as follows:
The motion was seconded by
and, upon being put to a vote,
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1990.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
(Seal)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Airport Lease
Assignment
Approved For Submittal By:
City Manager
) Agenda No.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Dept. of Origins Airport (JVA)
Date Submitted:
For Agenda Of:
Exhibits:
09/06/90
09/12/90
- Letter from Mid-Florida
Schutzhund Club, dated 8/28/90
- Letter from Indian River
Schutzhund Club, dated 9/04/90
- Lease with Mid-Florida
SchUtzhund Club, dated 7/01/88
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Mid-Florida Schutzhund Club has leased a one (1) acre tract
of land on the Sebastian Municipal Airport since July 1, 1988.
The lease has been renewed annually and the rent is current.
However, the City has received notice from the Mid-Florida
Schutzhund Club that it is terminating this lease effective
September 30, 1990. We have recently been contacted by the
Indian River Schutzhund Club requesting an assignment of the
lease. The lease is assignable with prior approval by the
Sebastian City Council. The Airport Manager and city Manager
have both reviewed the request and find that it is reasonable, in
the best interest of the public, and, since it is an assignment
of lease, that there is no conflict with the Standstill Agreement
or the Scope of Services for the Compatibility Study.
RECOMMENDED ACTION
Approve the assignment of lease from the Mid-Florida Schutzhund
Club to the Indian River Schutzhund Club. ~/~C /]~l,'~~ j;
/
710 llth St. Sebastian, FL. 32958 (305)589-3121
GERMAN SHEPHERDS OF EXCELLENCE
ECE!VED- 19§
September 4, 1990
To:
Mayor W.E Conyers
Sebastian City Council
Dear Sirs,
As the Mid-Florida Schutzhund Club has given up their
lease to land described therein, I or we, the INdian
River Schutzhund Club would like to request you %o
approve Assignment of Lease, as previously written,
unto us.
Club officers are as follows; Harold Barnes, President,
Michael S. Ware Sr., Vice President, Patricia A. Ware,
secretary.
Mailing address is 710 Jackson St., Sebastian Fi 32958.
We also agree to follow the guidelines of said lease
and have specified insurance on said property.
Thank you very much for your kind consideration,
Michael S. Ware Sr.
Vice President
Indian River Schutzhund Club
Mid-Florida Schutzhund Club
c/o Linda Bozovsky
2260 Cypress Lake Drive
Palm Bay, FL 32905
August 28, 1990
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Dear Mr. McClary:
This is notification that the Mid-Florida Schutzhund Club is
terminating the lease for property at the Sebastian Airport.
The effectfve date is September 30, !990.
If any additional information is needed, please let me know.
Sincerely,
~inda Bozovsky ~
Treasurer
1988, by and between the CITY OF SEBASTIAN, a Florida municipality,
party of the ~irst part, hereinafter called LESSOR, and MID-FLORIDA
SCHUTZHUND CLUB, whose officers are Steve Lind, President, and
Stephanie Petrulak, Secretary, parties of the second part,
hereinafter called LESSEE;
WITNESSETH: That in consideration of the covenants and
promises herein contained by the parties, the Lessor does hereby
lease to the Lessee the following described land, located at
Sebastian, Indian River County, Florida, to-wit:
SEE LEGAL DESCRIPTION ATTACHED HERETO
Lessor leases to the Lessee said land for a term of one (1)
year, commencing upon acceptance/approval and terminating one year
from said date, upon terms to be agreed upon at that time between
Lessor and Lessee, provided Lessee notifies Lessor in writing at
least 180 days before the termination of this lease of its intention
to excercise said option. At the end of term or breach by Lessee
for any reason, all improvements made by Lessee are the property of
the City.
1) RENT: The parties agree that the rent for the term of this
lease shall be Four Hundred Dollars ($400.00) for the one-year term.
Said rental for tae land shall be payable quarterly, commencing from
the date of this lease.
Lessee agrees to pay all utilities for the premises, to
maintain the grounds, building and facilities on the leased property
in accordance with the requirements of the Airport Advisory Board,
the City of Sebastin and the FAA, and to maintain liability
insurance of not less than $300,000.00 with a company or companies
to be approved by Lessor. Lessee will furnish copies of said
policies showing the interest of Lessor in the leased airport
facilities, and paid up annual premium receipts to the Clerk of the
City of Sebastian.
Lessee will indemnify and save harmless Lessor against any and
all claims, debts, demands or obligations which may be made against
Lessor or against Lessor' interest in the premises arising by reason
of Lessee's in,terest created by this lease.
Nothing in this lease shall be construed to require the Lessee
to repair, replace or rebuild, as the case may be, buildings or
other property damaged or destroyed by wind, fire, water or other
agencies or events beyond the control of the Lessee except as to the
proceeds of the insurance policies permitting such replacement or
repair. In the event the Lessee does not elect to repair, replace
or rebuild, the proceeds of said insurance policies shall be paid 'to
Lessor and/or mortgagees as their interest may be and the lease
shall be deemed null and void.
2) USES: Lessee shall have the right to use the above
described property for any lawful purpose associated with the use of
a dog-training facility and shall have the right to construct upon
said property any buildings or other structures that may be proper
for such use, provided any such building or structures do not in any
way curtail the use of the airport facilities in their usual
operations and provided further that any such buildings or
structures are approved by the Airport Advisory Board, the Sebastian
City Council and the FAA. Lessee covenants and agrees that all such
construction shall be in accordance with the local codes,
regulations and requirements and pursuant to all requirements of the
FAA. ~oarding and retail sales are prohibited.
The primary use of said leased premises shall be in compliance
with all ordinances of the City of Sebastian and FAA requirements.
IT IS MUTUALLY AGREED that the Lessee shall not' s~ll~ transfer,
assign or encumber this lease to anyone without prior City Council
approval, this being a personal lease between Lessor and Lessee.
There shall be no subordination, pledging, transferring, mortgaging,
subletting of the lease or improvements without City Council
approval and there shall be no transferring, pledging, assigning of
49% of the stock in any corporation of the Lessee without prior City
Council approval.
Ail expenses incident to the operation would be at the Lessee's
expense which includes any assessment for improvements, including ad
valorem assessment or taxes of leasehold interest, personal property
taxes, and an~ other assessment or taxes imposed on such property or
improvement during the term of the lease.
Upon termination of the lease, Lessee agrees to remove all
facilities and all buildings, edifices, etc., that are installed by
Lessee.
In the event the United States Government at any time during
the term of this lease takes over the operation or use of said
airfield and/or airport with the result that Lessee is unable to
operate under the terms of the lease, then the lease shall be
extended for an additional period equal to the time the Lessee has
been deprived of the value of said lease.
If the City Council should need the above described property
for a long term lease to another, then upon written notice to
Lessee, Lessee agrees to remove its facilities from said property
within 90 days after said notice.
In the event of eminent domain proceeding or any other
proceeding which results in loss to Lessee of a substantial portion
of the premises leased by Lessee, Lessor and Lessee agree that if
this loss makes it impractical or unreasonably difficult for Lessee
to carry out the purposes for which the premises were leased, then
this lease may, at the option of Lessee, be cancelled and Lessee is
relieved of any obligaiton to pay rent on the portion lost by
Lessee.
In the event of a dispute between the Lessor and Lessee as to
what constitutes an impractical or unreasonably difficult condition
for Lessee to carry out the purposes for which the premises were
leased, the dispute shall be submitted to a committee consisting of
the Lessee, a member of the Airport Advisory Board and a third
arbiter selected by the Lessee and the Airport Advisory Board.
Lessee will be subject to all standard lease clauses of the FAA
and their rules and regulations now existin9 or to exist in the
future.
Lessee further covenants and agrees that Lessor shall have the
privilege at all reasonable times to re-enter the said leased
premises for the purpose of inspecting the property and determining
whether all terms~ conditions and covenants and agreements herein
are being complied with by Lessee.
Business to be conducted between the hours of 7:00 A.M. and
10:30 P.M.
Lessee agrees to conform to all governmental pollution
standards, requirements and guidelines.
It is mutually understood and agreed that if the Lessee shall
become insolvent or bankrupt or if proceedings for receivership or
bankruptcy shall be instituted against it or if it shall make an
assignment for the benefit of creditors or in any manner seeks,
permits or suffers its leasehold interest hereby created to be
transferred or encumbered by operation of law or otherwise
jeopardized, except as specifically provided for in this lease, then
and in such event of the same or similar legal or equitable
consequences or effect, such event shall be deemed to 'constitute a
breach of this lease, at the option of Lessor, so as to terminate
all rights, privileges and interests of Lessee herein and hereunder.
Lessee agrees to have constructed a.four-foot fence surrounding
Parcel No. 1. Construction to begin not more than 90 days after
lease is approved by Lessor, Lessee and the FAA and to be completed
within a reasonable time. Lessee shall have the right and option to
terminate this lease if Lessee is unable to install outdoor lighting
fac{lities and a removable Club House and utilities necessary for
the Club House.
3) ADDITIONAL PARKING: In the event the tenant should desire
from time-to-time to accomodate the parking of motor vehicles on
adjacent land outside the confines of the parcel of property herein
leased, the parties hereto shall execute a short term lease agree-
ment to lease the additional land for the desired short term which
lease will be valid for that term provided the Insurance coverage of
the tenant shall thereby cover such additional leased area. Also
provided that any such land area is not prior thereto leased to any
other party. Such short term lease shall require authorization of
the lessee and the chief executive officer of the City.
In the event of a dispute between Lessor and Lessee as to the
terms and con'itl. OhS of this lease in a court determination the
prevailing party would be entitled to reasonable attorney's fees and
costs, including appellate proceedings.
This lease is subject to approval by the FAA:
A. That Lessor reserves unto itself, for the use and benefit
of the public, a right of flight for the passage of aircraft in the
airspace above the surface of the real property hereinafter
described together with the right to cause in said airspace such
noise as may be inherent in the operation of aircraft, not known or
hereafter used, for navigation of or flight in said airspace, and
for use of said airspace for landing on, taking off from or
operating on the airport.
B. Lessee expressly agrees.for itself to restrict the height
of structures, objects or natural growth and other obstructions on
the hereinafter described real property to such a height so as to
comply with,Federal Aviation Regulation, Part 77.
C. Lessee expressly agrees for itself to prevent any use of
described real property which wo6ld interfere with or adversly
affect the operation or maintenance of the airport, or otherwise
constitute an airport hazard.
Notwithstanding anything herein contained that may be or appear
to th~ contrary, it is expressly understood and agreed that the
rights granted under this agreement are non-exclusive and Lessor
herein reserves the right to grant similar privileges to another
operator or operators on other parts of the airport.
The Lessee, its heirs, successors in interest and assigns, as a
part of the consideration hereof, does hereby covenant and agree as
a covenant running with the land, that (1) no person on the grounds
of race, color or national origin, shall be excluded from
participation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities, (2) that in
construction of any improvements on, over or under such land and the
furnishing of services thereon, no person, on the gounds of race,
color or national origin, shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to discrimination,
(3) Lessee shall use the premises in compliance with all other
requirements imposed by or pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the Department
of Transportation, and as Regulations may be amended.
SALE OF PROPERTY: In the event Lessor makes the subject
property available for sale, Lessor agrees to give a first right of
refusal and allow Lessee 30 days to meet the terms and conditions of
any bona fide offer of purchase of the property presented in writing
to Lessee.
I N W I T N E S S W H E R E 0 F, the parties have hereunto
set their hands and seals the day and year first above written.
Signed, sealed and delivered
in the presence of:
As 6o t~$ City
As to MidJ~lori~ -
CITY OF SEBASTIAN, a Florida
By ' ~d_.~. . M~ay or //
MID-FLORIDA SCHUTZHUND CLUB
Appro~e~ as to Form and Content:
City Attorney
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Police Station -
Schematic Design Phase
Approved For Submittal By:
City Manager
) Agenda No.
)
)
Dept. of Origin: Police (ELP)
Date Submitted:
For Agenda Of:
Exhibits:
09/06/90
09/12/90
- Architects Design Group, Inc.
Report
EXPENDITURE
REQUIRED~
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At the Regular City Council Meeting of June 13, 1990 the City
approved an agreement with Architects Design Group, Inc. ("ADG") of
Winter Park, Florida for planning and design of a new police station.
The schematic design phase of the project is to 'include two (2)
designs:
1. A facility with a maximum probable cost
estimate of five hundred thousand dollars
($50o,000).
2. A facility that will satisfy the
requirements of the program as established by
the City and the Architect at the beginning of
this phase.
ADG has filed its report dated September 4, 1990 and will be making a
formal presentation to the City Council at its Regular Meeting of
September 12, 1990.
RECOMMEND ACTION
Review the report of Architects Design Group, Inc. and to authorize
the architect to proceed with the next element of services, the design
development phase, with direction as established by the City Council.
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
IN T}IE MATTER OF:
ROBERT ULINEMAN, Bob's Garage
1677 N. U.S.
Sebastian, FL 32958
LEGAL DESCRIPTION:
THIS CAUSE
CASE NO. 90-3915
21-30-380001-9999-0003010
TOWN OF WAUREGAN Subdivision
1677 N. U.S. #1, Sebastian, FL 32958
ORDER FINDING VIOLATION
originally came to be heard after due Notice to
the Respondent at a vio3ation hearing conducted by the Code
Enforcement Board of the City of Sebastian on August 15, 1990, the
Board aftez having heard testimony under oath, received evidence
and heard argument of counse] oX respondent, if any, thereupon
issues its Finding of Fact, ConC3USiOn of Law and Order aS
fo]lows;
The Board
FINDINGS OF FACT
determined upon the evidence presented that; Junk
auto parts are stored at the rear and side of the garage.
CONCLUSIONS OF LAW
The Code Enforcement Board conc].udes that above-referenced
lndividua3 was in violation of Section 12.31, Chapter 12 of The
Code of Ordinances of the City of sebastian, Indian River County,
Florida.
ORDER
1. Based upon the foregoing Finding of Facts, Conc]usio~ of
Law, it is hereby ordered that~ By August 21 , 1990 v~o]ator
she3] re~ove the rio]etlon or a fine of $50.00 a day sha]] be
imposed So ]ong ss the rio]etlon exists.
2. UPON COMPLIANCE, RESPONDENT S}{ALL NOTIFY THE CODE
INSPECTOR Robert Nicho3. son, WHO SMALL DIRECT AN INSPECTION OF
THE PROPERTY AND NOTIFY THE
CORRECTION OF THE VIOLATION.
3. If Respondent causes a
CODE ENFORCEMENT BOARD AS TO
reocCUrrence of the vio3ation,
this Board shal] reconvene in the Councl3 Chambers to h~ar
of up to tile. maximum amount of $500.00 per day for each day the
vio]ati~n continues beyond the compliance date. In the event of
a future violation of this order
Respondent shall, be renotified
which the Board wi].], review the
after the aforementioned date,
of a new compliance hearing, at
4. TAKE NOTICE THAT ANY FINE IMPOSED BY THXS BOARD AGAINST
YOU CONSTITUTES A LIEN AGAINST THE REAL PROFERTY UPON WNIC~d THE
VIOLATION EXISTS, OR IF YOU DO NOT OWN THE PROPERTY, THEN AGAINST
ANY REAL OR PERSONAL PROPERTY WHICH YOU DO OWN. YOUR CONTINUED
NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS
OF YOUR PROPERTY. T~EREFORE, IF FOR ANY REASON YOU ARE UNABLE TO
NOTIFY THE CODE INSPECTOR
COMPLY WITHIN THE STATED TIME, PLEAS~
IMMEDIATELY.
DONE AND ORDERED this
session at the Council
Florida.
/-~ day of August, 1990, in open
Chamber, 1225 Main Street, Sebastian,
Chairman
Code Enforcement Board
Nunc Pro Tung
ATTEST:
City of Sebastiatt
POaT OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32918
TELEPHONE {407) $8g-5330
FAx 401-589-$570
SUBJECT:
Proposed Ordinance to Require Mandator
Numbering of Improved Properties
Approved For Submittal By:
C/t¥ Manager
Agenda No. ~O'*,'~ / /
Dept. Origin
Date Submitted 08-27-90
For Agenda O£ o9-o5-9..0,,,
Exhibits:
Memo da~=d 7-26-90 frcm Bruce Coo~er
M~mo dated 8-16-90 fzr~ Planning & Zor~ng
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED!
SUMMARY STATEMENT
Staff and the Planning and Zoning Commission is recommending that the
Cite Council adopt an ordinance to require mandatorU numbering of all
buildings an'd free-standing signs for identification bU emergency personnel.
The enclosed memo dated 7-26-90 from myself was approved by the Planning
and Zoning'Commission oN 8-16-90.
RECOMMENDED ACTION
Review proposed ordinance and, if appropriate, direct the City Attorney
to draft an ordinance.
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
MEMORANDUM
D'ATE:
TO:
FROM:
REFERENCE:
7-26-90
Planning and Zoning Commission
Bruce Cooper
Director of Community Development
Proposed Language For Building Numbering
Below would be my recommendation for language to submit to
City Council for proposed amendment based on the Planning and
Zoning Commission's recommendations.
Add Section 20A-5.46: Mandatory Identification of Buildings.
(a; Ail buildings shall have the assigned building numbers
displayed in a manner such that the numbers are visible from
the public or private road on which the building fronts,
whether or not mail ~ delivered to the building. A
certificate of occupancy will not b~ issued for a new
buildin§ or structure until the building numbers has been
displayed_, in accordance with this section. The numbering of
all existing buildings shall be brought into compliance with
this section within 3~ days after notice of non-compliance is
given to the owner of ':~,e building.
(b) A building s~ai! De considered in compliance with this
section provided the following criteria has been met:
(1) The numbers must be in Arabic numerals; approval
will not be given for script numbers or numbers which are
difficult to read.
(2) The numbering must be of weather resistance material
and ....
(3) The numbers shall be of such material and of such
color as to clearly be legible and identifiable by
emergency personnel from the street or improved right-a-
way and shall be subject to inspection and approval by
the Building Official.
(4) Lots or tracts of land with multiple buildings with
one address shall be clearly identified by building
numbers and range of unit numbers within the structure.
Each tenant (industrial, commercial, and residential)
shall also display their respective unit numbers within
close proximity of the main entrance of that tenant.
(5) Residentia1 type buildings must have their numbers a
minimum of four I(4) inches in height.
(6) Commercial & industrial type buildings must have
their numbers a !minimum of five (5) inches in height.
Commercial & industrial buildings with main entrances
must display their numbers on or over the main entrances.
Strip stores and industrial buildings with multiple
entrances must hDve their numbers centered on ~he side of
the building facing the street.
(7) in addition to the above requirements, all lots or
tracts of land Which have freestanding signs must display
their numbers on~ and centered at the top of such sign.
If the sign is iilluminated, the numbers will also be
illuminated.
BC/gk
numbers.doc
:City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
'FAX 407-589-5570
DATE:
AUGUST 16, 1990
TO': MAYOR .AND CITY COUNCIL
FR0ffi: L'INDA KINCHEN ~
PLANNING AND ZONING SECRETARY
'THROUGH:
BRUCE COOPER
DIRECTOR OF COMMUNITY DEVELOPMENT
RE:
PROPOSED ORDINANCE - BUILDING NUMBERING
· PLEASE BE ADVISED THAT ON AUGUST 16, 1990 AT THEIR REGULAR
MEETING THE PLANNING AND ZONING COMMISSION REVIEWED AND
DISCUSSED THE ABOVE PROPOSED ORDINANCE FOR APPROVAL,
A MOTION TO RECOMMEND TO CITY COUNCIL APPROVAL OF THE
PROPOSED ORDINANCE FOR BUILDING NUMBERING REGULATIONS AS
PROPOSEDIN THE LETTER DATED JULY 26, 1990' BY THE DIRECTOR OF
COMMUNITY DEVELOPMENT WITH THE CHANGE THAT IT BE SECTION
5.~6 AND NOT 20A-4.46.
THIS MOTION WAS MADE BY MR. THOMPSON AND SECONDED BY MRS.
O'CONNOR AND WAS PASSED UNANIMOUSLY.
SHOULD YOU HAVE ANY FURTHER QUESTIONS° PLEASE FEEL FREE TO
CONTACT OUR OFFICE.
LK:LK
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
Review Proposed Ordinance Amendments
Concerning Contractors' Licensing
Approved For Submittal By:
City ManaGer
Age.d,, .o.
Dept. Origin Community Development (BC~.~
-
Date Submitted 08-28-90
For Agenda Of 09-05-90
Exhibits:
Memos dated 8-27-90 from Construction Board
Letter dated 5-30-.90 from Geoffrey Sluggett
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Constructi~on/Licensinf Board is recommending that the City Council amend
Section 7-91 of the Code of Ordinances to require a journeyman electrician
and plumber to have a minimum of 4 years of experience. Currently the code
requires a j-ourneyJnan to have a minimum of 3 years experience. The Board
is also requesti'ng to amend the code to permit a master electriciaq and plumber
to take the Block & Associates test, but, without the Administrative portion
of the test. The only difference between a master electrician and plumber and
an electrical and plumbing contractor is the administrative portion of the test.
RECOMMENDED ACTION
Review proposed amendment, and, if appropriate, direct the City Attorney
to draft an ordinance.
M E M 0
August 27, 1990
TO:
FROM:
RE:
Bruce Cooper
Director of Community Development
K. Nappi ~.,~~~
Secretary
Sebastian Construction Board
Discussion: Master/Administration Test
At their meeting held 8/14/90, the Board made and passed the
following motion:
MOTION BY MR. HANEY, SECONDED BY MR. CAPP TO AMEND THE
MASTER TESTING PROCEDURE TO REQUIRE JUST THE MASTERS TEST
ONLY AND NOT THE ADMINISTRATIVE TEST FOR ALL MAST TRADES
-ELECTRICAL AND PLUMBING.
CARRIED.
Please note that Journeyman have also been exempt from taking
the administration test and as the Board secretary I am
requesting that the same amendment be made for Journeyman.
M E M O
August 27, 1990
TO:
FROM:
RE:
Bruce Cooper
Director of Community Development
Secretary
Sebastian Construction Board
Discussion: Experience Requirement for Journeymen
At their meeting held 8/14/90, the Board made and passed the
following motion:
MOTION BY MR. HANEY, SECONDED BY MR. CAPP TO ACCEPT
THE RECOMMENDATIONS OF THE AGC AND FORWARD OUR
RECOMMENDATION TO CITY COUNCIL THAT WE RAISE THE
JOURNEYMAN REQUIREMENT FROM THREE YEARS TO FOUR YEARS.
ROLL CALL: AYES:
MR. KELLEY
MR. CAPP
MR. HANEY
NAY:
MR. NEUBERGER
ACTING CHAIRMAN DERNBACH
MOTION CARRIED.
Florida East Coast Chapter
The Associated General Contractors of America, Inc.
2617 Australian Avenue
West Palm Beach, Florida 33407
'telephone: (407) 833-3609
Fax: (407) 833-6024
SKILL
INTIGRITY ~
2770 North indian River Boulevard
Suite 304
Veto Beach, Florida 32960
Telephone: (407) 778-1325
Fax: (407) 569-9303
Please reply to:
West Palm Beach
May 30, 1990
Mr. Bruce Cooper, Building Official
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
Dear Mr. Cooper:
The Florida East Coast Chapter of the Associated General
Contractors of America currently operates the largest open shop
apprenticeship training program in the United States. Indeed we
are proud to be able to provide the construction industry in
Southeast Florida with top quality craftsmen and at the same time
provide excellent career opportunities for our young people
entering the job market.
Currently, within the City of Sebastian Building Code, a
journeyman is qualified to take the journeyman's licensing exam
once he has accumlated three years experience under the employment
of a plumbing or electrical contractor. Being that the AGC
Apprenticeship Program is structured with a four year curriculum,
the language in the code as it currently reads does not provide
any incentive for students to remain in the program for the fourth
year.
We feel our educational program is of the highest caliber
available in the training of tradesmen and feel the fourth year is
extremely necessary to maintain that quality. Furthermore, the
State of Florida requires an apprenticeship program to have a four
year curriculum. Currently, Dade, Broward, Palm Beach, Martin,
and St. Lucie Counties all require four years of experience to
qualify as a journeyman.
"Igu//d with thc Igest"
As such, we would like to suggest to you in your capacity as Chief
Building Official that the current language be amended to read:
"That to qualify as a journeyman one must have four years
experience under the employment of a plumbing or e----~ectrical
contractor."
I would appreciate discussing this issue with you further at your
convenience, i can be reached at 1-800-444-2445 during regular
business hours.
Thank you.
Sincerely,
Geoffrey B. $1uggett
Director of Governmental Affairs
GBS/dmm
cc: Jim Moran, Moran Electiric
Art Cohen, Apprenticeslhip Director
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Golf Course Parking
Lot
Approved For Submittal By:
city Manager
Dept. of Origin: City Engineer (DWF)
Date Submitted:
For Agenda Of:
Exhibits:
09/06/90
09/12/90
- Mosby Proposal Dated 8/6/90
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The parking lot at the Sebastian Municipal Golf Course is only
partially paved. In order to hard surface and extend the
existing parking lot we need to prepare plans and specifications
and obtain a storm water permit from the St. John's River Water
Management- District. Additionally, the parking lot should be
evaluated to provide for flexibility of possible future
improvements at the golf course, city Engineer, David W. Fisher
has solicited a proposal from Mosby & Associates, Inc. of Vero
Beach and recommends its acceptance.
RECOMMEND ACTION
Move to approve the proposal of Mosby & Associates dated August
6, 1990 for professional engineering services for improvements to
the golf course parking lot.
August 6, 1990
MOSBY AND ASSOCIATES, INC.
CONSULTING ENGINEERS
~, 50r 20'r;; STP, F-ET
P,C'. BOX 6361B
VERO BEACH, FLORIDA :32961
407-569-0035
Mr. Dave Fisher
City of Sebastian
Post Office Box 127
Sebastian, Florida
Subject:
32978-0127
Proposal/Contract for Professional Engineering Services
for Repaying of the City of Sebastian's
Municipal Golf Course Parking Lot
Sebastian, Florida
Engineer's Project No. 90-351
Dear Mr. Fisher:
At your request, we are hereby submitting our proposal to provide
professional engineering services for the above subject project.
Our scope of work would consist of the following:
1. Project coordination with the City of Sebastian.
Evaluation of the existing site plan and boundary and topo-
graphic survey. This proposal does not include the cost of
additional survey work if required.
Evaluation of the required subsurface soils investigation report.
This project will require one (1) percolation test for the
design of the on-site draina§e system. The cost of the re-
quired percolation test has not been included in this proposal.
4. Parking lot paving and drainage design.
5. Preparation of parking lot improvement construction drawings.
6. Preparation of St. Johns River Water Management District Storm-
water permit application.
7. Final submittal and project coordination.
We propose to provide the above described services for a total
fee of $2,000.00, excluding direct costs.
Mr. Dave Fisher
August 6, 1990
Page 2
Construction inspection has not been included in this proposal,
but if requested, will be provided on an hourly rate basis at the
following hourly rates:
Sr. Engineering:
Jr. Engineering:
Technician:
Jr. Technician:
Administrative:
$60.00 Per Hour
$50.00 Per Hour
$45.00 Per Hour
$40.00 Per Hour
$25.00 Per Hour
Expenses for work required which is not covered in the herein de-
scribed items will be billed as direct costs without mark-up.
Direct costs would include such items as printing, long'distance
telephone calls and mileage reimbursement at $0.25 per mile.
If at any time during the evaluation and design of the herein stated
proposed services it becomes apparent that the described scope
of work changes, we will immediately notify you prior to making
such changes. Such changes will be considered additional services
and will be billed at the herein stated hourly rates.
Invoices for our services will be billed on a monthly basis with
payment due upon your receipt of the invoice. A service charge
of 1½% per month will be billed for late payments.
We are available to begin the work described herein upon our receipt
of your written acceptance of this proposal/contract.
Should you require further information or clarification, please
call.
Very tr~/~? yours, /
MOSBY 4~ ASSOCIATES,/ INC.
1/
Ra~yi1. ~o~Dy, P.~
RLM:b4
WITNESS
Accepted this
day of
1990.
Signature Witness
City of Sebastian
POST OFFICE BOX 780127 m SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589--5570
SUBJECT: R-90-32 )
Proposed Mutual Aid Agreement )
with IRC Sheriff's office )
)
)
)
)
)
Approved For Submittal By:
city Manager~ %-
Dept. of Origin: Po~
Date Submitted: 08/29/90
For Agenda Of: 09/05/90
Exhibits:
- R-90-32
- Proposed Mutual Aid Agreement
EXPENDITURE
REQUIRED:
~MOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Returning ~o city Service, one of my priorities was to complete
negotiations with Indian River County Sheriff, Tim Dobeck for a
Mutual Aid Agreement and to present it to the City Council for
approval. With the assistance of Assistant City Attorney, Rick
Torpy, attached you will find such an agreement.
In brief, this proposed agreement authorizes the Sheriff's office
and the Sebastian Police Department to assist each other in
dealing with specific events (See Section 2), and it enables
voluntary cooperation of various investigations (See Section 3).
This agreement, in my opinion, best serves the needs of our
department to enhance our protection of Sebastian's residents. I
recommend the Council approve this Mutual Aid Agreement.
RECOMMENDED ACTION
Motion to approve Resolution R-90-32.
RESOLUTION NO.: R-90-32
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A MUTUAL AID AND
VOLUNTARY COOPERATION AGREEMENT; RATIFYING THE
AGREEMENT AS SIGNED BY THE CHIEF OF POLICE FOR THE CITY
OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Indian River County, Florida, has requested that the
City sign a Mutual Aid Agreement; and
WHEREAS, the City Council of the City of Sebastian, after
reviewing the proposed Mutual Aid Agreement submitted by Indian
River County, Florida, for its approval, and after engaging in
deliberations, has determined that it would be in the best interest
of the City of Sebastian and its citizens, and in furtherance of a
valid municipal purpose, for the City of Sebastian to grant the
Mutual Aid Agreement by the City as requested b~ Indian River
County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 2. RATIFICATION. The City Council of the City of
Sebastian, in recognition of the requirements of Chapter 23 of the
Florida Statutes, hereby ratifies the Agreement, Exhibit "A", as
signed by the Chief of Police of the City of Sebastian.
Section 3. AGREEMENT. The Mayor and the City Clerk of the
City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the proposed Mutual Aid
Agreement proposed by Indian River County, Florida, a copy of the
proposed Mutual Aid Agreement having been attached to this
Resolution as Exhibit "A" and by this reference is incorporated
herein. The original Mutual Aid Agreement shall be forwarded by the
City Clerk to the County Attorney for recording by Indian River
County, Florida.
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 its adoption.
The foregoing Resolution was moved for adoption by Councilman
Councilman
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 motion was seconded by
and, upon being put to a vote,
The Mayor thereupon declared this Resolution duly passed and
adopted this
day of , 1990.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W.E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
( Seal )
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
MUTUAL AiD AND VOLUNTARY..,COOPERAT~.ON AGREEMENT
WHEREAS, the subscribed law enforcement agencies are so
located in relation to each other that it is to the advantage of
each to receive and extend mutual aid in the form of law
enforcement services and resources to adequately respond to (1)
intensive situations including but not limited to emergencies as
defined under Section 252.34(2), F.S. and (2) continuing, multi-
jurisdictional law enforcement problems, so as to protect the
public peace and safety, and preserve the lives and property of
the people; and
WHEREAS, the CITY OF SEBASTIAN, and the INDIAN RIVER COUNTY
SHERIFF'S DEPARTMENT, have the authority under Part I of Chapter
23, Florida Statutes (1987), the Florida Mutual Aid Act, to: (1)
enter into a requested operational assistance agreement for the
requesting and rendering of assistance in law enforcement
intensive situations and emergencies, and (2) a voluntary
cooperation agreement for assistance of a routine law enforcement
nature that crosses jurisdictional lines;
WHEREAS, the law enforcement agencies of Indian River
County, Florida, are charged with the investigation of criminal
offenses occurring within their respective jurisdictions,
including, but not limited to, violations of the Florida
Comprehensive Drug Abuse Prevention and Control Act; and
WHEREAS, each law enforcement agency may, from time to time,
require additional resources to efficiently and expeditiously
pursue such criminal investigations; and
WHEREAS, criminal activity occurring within the jurisdiction
of one local.government oftentimes impacts upon criminal activity
occurring in adjacent jurisdictions; and
WHEREAS, the citizens of Indian River County can best be
served by an organized and unified approach to the investigation
of criminal activity; and
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained, the undersigned parties hereto agree as
follows:
SECTION 1. DEFINITIONS.
A. "Sheriff" shall mean the Sheriff of Indian River
County, Florida.
B. "Agency" shall mean the office of the Sheriff of
Indian River County, Florida, and that department
or agency of an incorporated municipality situated
wholly within Indian River County, Florida, which
is charged and empowered with the duties of law
enforcement within the jurisdictional limits of such
municipality.
"Law Enforcement officer" shall mean any person
certified as a full-time or part-time law
enforcement officer by the Criminal Justice Standards
and Training Commission of the State of Florida who
has met all of the minimum requirements for training
as set forth in Chapter 943, Florida Statutes (1989),
as amended, and is employed as a police officer or
public safety officer by a municipality situated wholly
within Indian River County, Florida, or as a deputy
sheriff of Indian River County, Florida.
"Participating Agency" shall mean any agency operated
by a party to this Agreement.
"Party" shall mean the Sheriff of Indian River County,
Florida, and any incorporated municipality situated
wholly within Indian River County, Florida, who has
entered into this Agreement as evidenced by, the
appropriate execution of this Agreement.
"Requesting Agency" shall mean an agency which seeks
assistance from another law enforcement agency.
"Responding Agency" shall mean a law enforcement
agency which directs its personnel to leave its primary
area of jurisdiction in response to a request for law
enforcement assistance initiated by the law enforcement
agency having primary jurisdiction in the area to which
the responding agency's personnel are directed.
"Emergency" shall mean any situation or set of
circumstances in which life or property is in imminent
danger.
SECTION 2.
PROVISIONS FOR OPERATIONAL ASSISTANCE.
Therefore, be it known that the aforesaid law enforcement
agencies hereby approve and enter into this Agreement whereby
each of the agencies may request and render law enforcement
assistance to the other, to include but not necessarily be
limited to dealing with civil disturbances, large protest
demonstrations, aircraft disasters, fires, natural or man-made
disasters, sporting events, concerts, parades, escapes from
detention facilities, and incidents requiring utilization of
specialized units.
SECTION 3. PROVISIONS FOR VOLUNTARY. COO~ERA, TION-
In addition each of the aforesaid law enforcement agencies
hereby approve and enter into this Agreement whereby each of the
agencies may also request and render law enforcement assistance
to the other dealing with any violations of Florida Statutes to
include, but not necessarily be limited to, investigating
homicides, sex offenses, robberies, assaults, burglaries,
larcenies, gambling, motor vehicle thefts, drug violations
pursuant to Chapter 893, F.S., backup services during patrol
activities, and inter-agency task forces and/or joint
investigations.
SECT_iON 4. POLICY AND PROCEDURE.
A. In the event that a party of this Agreement is in need
of assistance as set forth above, it shall notify the agency head
or his designee from whom such assistance is required. The
agency head or designee whose assistance is sought shall evaluate
the situation and the agency's available resources, consult with
his/her supervisors if necessary and will respond in a manner
he/she deems appropriate. The agency head's decision in this
regard shall be final.
B. The resources or facilities that are assigned by the
assisting agency shall be under the immediate command of a
supervising officer designated by the assisting agency head.
Such supervising officer shall be under the direct supervision
and command of the agency head or his designee of the agency
requesting assistance.
C. Where investigative priorities arise during a law
enforcement operation which may require enforcement action by the
investigating agency and which require crossing or jurisdictional
lines, the investigating agency supervisor or his designee on
duty shall notify the on duty supervisor of the jurisdiction
wherein investigation is required and request enforcement
assistance. The supervisor or his designee shall evaluate the
situation, consult with his/her appropriate supervisor and if
required ensure that proper requested enforcement assistance is
rendered.
D. Should a violation of Florida Statutes occur in the
presence of an officer representing his/her respective agencies
in furtherance of this Agreement he/she shall be empowered to
render enforcement assistance and act in accordance with the law.
~CTION 5. POWERS, PRIVIbEGES, IMMUNITIES AND COSTS.
A. Members of the CITY OF SEBASTIAN SHERIFF'S DEPARTMENT
when actually engaging in mutual cooperation and assistance
outside of the jurisdictional limits of the CITY OF SEBASTIAN
under the terms of this Agreement, shall, pursuant to the
provisions of Section 23.127, Florida Statutes, have the same
powers, duties, rights, privileges and immunities as if they were
performing their duties in the political subdivision in which
they are normally employed.
B. Each party agrees to furnish necessary equipment,
resources and facilities and to render services to each other
party to the Agreement as set forth above; provided however, that
no party shall be required to deplete unreasonably its own
equipment, resources, facilities, and services in furnishing such
mutual aid. (The requesting agency may compensate or reimburse
the assisting agency for assistance under Section 2 of this
Agreement only, under terms specified in the agreement, or may
provide as follows in C and D:)
C. The agency furnishing any equipment pursuant to this
Agreement shall bear the loss or damages to such equipment and
shall pay any expense incurred in the operation and maintenance
thereof.
D. The agency furnishing aid pursuant to this section shall
compensate its appointees/employees during the time such aid is
rendered and shall defray the actual travel maintenance expenses
of such employees while they are rendering such aid, including
any amounts paid or due for compensation due to personal injury
or death while such employees are engaged in rendering such aid.
E. Ail of the privileges and immunities from liability,
exemption from laws, ordinances and rules, and all pension,
insurance, ~elief, disability, workers' compensation, salary,
death and other benefits which apply to the activity of such
officers, ~gents, or employees of any such agency when performing
their respective functions within the territorial limits of their
respective public agencies shall apply to them to the same
degree, manner, and extent while engaged in the performance of
any of their functions and duties extraterritorially under the
provisions of this Mutual Aid Agreement. The provisions of this
section shall apply with equal effect to paid, volunteer, and
reserve employees.
F. Nothing herein shall prevent the requesting agency from
requesting supplemental appropriations from the governing
authority having budgeting jurisdiction to reimburse the
assisting agency for any actual costs or expenses incurred by the
assisting agency performing hereunder when assistance is
requested under Section 2: Provisions For Operational Assistance.
SECTION 6. INDEMNIFICATION.
Each party engaging in any mutual cooperation and
assistance, pursuant to this Agreement, agrees with respect to
any suit or claim for damages resulting from any and all acts,
omissions, or conduct of such party's own employees occurring
while engaging in rendering such aid pursuant to this Agreement,
to hold harmless, defend and indemnify the other participating
party and its appointees or employees, subject to provisioqs of
Section 768.28, Florida Statutes, where applicable, and provided
such party shall have control of the defense of any suit or claim
to which said duty to indemnify applies.
SECTION 7. LIABILITY INSURANCE.
Each party shall provide satisfactory proof of liability
insurance by one or more of the means specified in Section
768.28(14), Florida Statutes, in an amount which is, in the
judgment of the governing body of that party, at least adequate
to cover the risk to which that party may be exposed. Should the
insurance coverage, however provided, of any party be cancelled
or undergo material change, that party shall notify all parties
to this Agreement of such change within ten (10) days of receipt
of notice or actual knowledge of such change.
SECTION 8. EFFECTIVE DATE.
a. Those portions of this Agreement respecting operational
assistance shall be in effect from
through and including Those portions
respecting voluntary cooperation shall remain in effect from
, until terminated in writing or, with
respect to an individual party, until that party elects to
withdraw.
b. in addition to the terms set forth in paragraph "a" of
this section, this agreement shall only become in full force in
effect upon ratification, by proper adoption of a resolution by
the City Council of the city of Sebastian.
SECTION 9. CkNCELLATION.
This Agreement may be cancelled by any party upon delivery
of written notice to the other party or parties. Cancellation
will be at the direction of any subscribing party.
5
Z~ WZT~BB ~E~OF, the parties hereto cause these presents
to~ signed on the date specified.
j SEBASTIAN POLICE =P~TMENT
~W~.~.~~ R.T. Tlm DoDec~
tness
CITY OF SEBASTIAN, FLORIDA
By:
W. E. Conyers, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to form and content by:
Richard E. Torpy, Esquire
Assistant City Attorney
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589--5570
SUBJECT: R-90-33
Communications Services
Agreement
Approved For Submittal By:
City Manager
Agenda No.
Dept. of Origin: Poli~
Date Submitted: 08/29/90
For Agenda Of: 09/05/90
Exhibits:
- R-90-33
Proposed Communications Service
Agreement
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The indian River County Sheriff's office provides 911
communications services for the City; - Sheriff Dobeck has
requested this arrangement be incorporated in a formal agreement.
With the assistance of Assistant city Attorney Rick Torpy,
attached you will find such an agreement which I recommend you
approve.
RECOMMENDED ACTION
Motion to approve Resolution R-90-33.
SOLUTIO
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE NAYORANDTHE CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A COMMUNICATIONS SERVICES
AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Indian River County, Florida, has requested that the
City sign a Communications Services Agreement; and
WHEREAS, the City Council of the City of Sebastian, after
reviewing the proposed Communications Services Agreement submitted
by Indian River County, Florida, for its approval, and after
engaging in deliberations, has determined that it would be in the
best interest of the city of Sebastian and its citizens, and in
furtherance of a valid municipal purpose, for the City of Sebastian
to sign the Communications Services Agreement as requested by
Indian River County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
section 1. AGREEMENT. The Mayor and the city Clerk of
the City ~f Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the proposed
Communications Services Agreement proposed by Indian River County,
Florida, a copy of the proposed Communications Services Agreement
having been attached to this Resolution as Exhibit "A" and by this
reference is incorporated herein. The original Communications
Services Agreement shall be forward by the city Clerk to the County
Attorney for recording by Indian River County, Florida.
Section 2. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilman
Councilman
vote, the vote was as follows:
The motion was seconded
and, upon being put to a
by
Mayor W. E. Conyers
Uice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1990.
2
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
(Seal)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
COHMUNICATIONS SERVICES AGREEMENT
This Agreement, entered into this day of , 1990,
by and between the Sheriff's office of Indian River County, Florida
and the Sebastian Police Department, Sebastian, Florida.
W I T N E S S E T H:
Whereas, Sebastian Police Department desires to enter into an
agreement with the Sheriff's Office to obtain 911 phone services
from the Sheriff's Office.
NOW, THEREFORE, the Sheriff's Office and Sebastian Police
Department in consideration of the mutual promises and benefits
hereby agree as follows:
SEC~. This agreement is to become effective on the date
of signing.
SECTION 2. This agreement shall remain effective until which
time that the services are no longer necessary.
SECTION 3. The Sheriff's Office is the primary Public Safety
Answering Point for 911 services within the unincorporated area of
Indian River County, the City of Indian River Shores and the City
of Fellsmere. The City of Sebastian has determined that it is more
cost effective to utilize the existing equipment within the
Sheriff's office for 911 services. The Sheriff's Office shall not
receive additional funding as a result of the service provided.
SECTION 4. The Sheriff's Office shall provide 911 phone
services to include:
a. Receiving and interviewing all calls for service received
on the 911 phone system from within the City of
Sebastian;
Electronically recording and maintaining telephone
conversations for a period of ninety (90) days;
Transferring all law enforcement related calls from
within the City of Sebastian to the Sebastian Police
Department.
Providing the Sebastian
information including:
1.
2.
3.
4.
Police Department caller
Nature of the call or incident, if requested
Location of the incident
Sector Number
Complainant or caller's name, when possible
SECTION 5. The Sheriff's Office shall be responsible for
maintenance of equipment within the Communications Center,
obtaining maintenance and repairs as necessary.
SECTION 6. The Sheriff's office shall provide only
communication services except that the Sheriff's Office may
unilaterally add any communications, dispatch, information or
record keeping services that enhances the Sheriff's office's
ability to provide that service to its own service area.
In t~e event that the Sheriff's office is capable of providing
enhancements or additions to law enforcement and communications
services which are not unilateral and The Sebastian Police
Department wishes to avail themselves of such additions and
enhancements the Sebastian Police Department may upon mutual
agreement with the Sheriff's Office amend Section 4 of this
contract.
2
SECTION 7. The Sheriff's Office, its officials, agents, or
employees in providing 911 telephone services, shall not be deemed
to assume any liability for acts, omissions, or negligence of the
Sebastian Police Department, its employees, agent or officials.
The Sebastian Police Department shall hold the Sheriff's Office
harmless and shall defend them against any claims for .damages
resulting from acts, omissions or negligence of the Police
Department, its officials, agents or employees, subject to the
provisions of Florida Statutes, 768.28. All liability for injury
to personnel and for loss of or damage of equipment incurred in
connection with this Agreement, or in the performance of services
or functions pursuant thereto, shall be borne by the agency
employing such personnel or owning such equipment, ~nd the County
and the City of Sebastian shall carry sufficient insurance to cover
all such liabilities.
SECTION 8. The Sebastian Police Department may terminate this
Agreement at any time following sixty (60) days written notice to
the Sheriff~'s cffice. After the effective date of said notice,
both partfes will be relieved of any further obligations under this
agreement except nothing herein shall be construed to impair the
obligation of any contract then in effect in which the Police
Department and the Sheriff's Office is a party or to relieve the
Police Department or the Sheriff's office of any liability for its
negligence or the negligence of their respective employees
occurring while this Agreement is in effect.
3
~. The Sheriff's Office may terminate this Agreement
at any time following sixty (60) days written notice to the
Sebastian Police Department. After the effective date of said
notice, both parties will be relieved of any further obligations
under this agreement except nothing herein shall be construed to
impair the obligation of any contract then in effect in which the
Police Department and the Sheriff's Office is a party or to relieve
the Police Department or the Sheriff's Office of any liability for
its negligence or the negligence of their respective employees
occurring while this Agreement is in effect.
SECTION 10. All disputes arising from this Agreement shall
be settled in court of competent jurisdiction with venue to be in
Indian River County, Florida.
SECTION 11. All notices provided for in this Agreement shall
be in writing and either hand delivered or sent by certified or
registered mail to the party to be notified at the following
respective address which may be changed by written notice only:
THE SHERIFF'S OFFICE
office of the Sheriff
4055 41st Street
Vero Beach, FL 32961
THE SEBASTIAN POLICE DEPARTMENT
Sebastian Police Department
700 Main Street
Sebastian, FL 32958
Notice given by or to the Attorney of either party shall be
as effective as if given by or to said party.
SECTION 12. The Sheriff shall retain exclusive control over
4
all equipment and personnel used in providing the services in
accordance with this agreement, and further the Sheriff agrees that
it may, at its sole option, institute an administrative procedure
or addressing any complaints or grievances which may be raised by
the Sebastian Police Department over the providing of such
services.
SECTION 13. The Sheriff's Office shall have the right to
limit, direct or deny access, to individual representatives of the
Police Department, to information and communications capabilities
provided in Section 4, when such access has been abused, in
violation of Florida Statutes, in violation of County, State or
National directives and procedure governing the acquiring and use
of sensitive information and equipment, may jeopardize the
Sheriff's office effort or the representative is found to be a
security risk.
SECTION 14. The Sheriff's office, of Indian River County,
further agrees that it shall conform with requirements of the
Florida Statutes with regard to confidentiality of information
obtained from complainants through the 911 system.
IN WITNESS WHEREOF, the parties here cause their signature to
be affixed.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W.E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
(Seal)
5
Witness
tness
Reviewed for form and content by:
' R: T. "Tim" Dobec~---
.Richard E. Torpy, Esquire
Assistant City Attorney.
6
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Police officers'
Retirement Systems Board of
Trustees
Approved For Submittal By:
City Manager ~~
Agenda No.
Dept. of Origin Police officers'
Retirement Trust Fund Board of
Trustees
Date Submitted: 08/23/90
For Agenda Of: 09/~/90
Exhibits:
Carswell Letter Dated 08/09/90
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Former Police Chief C. L. Reynolds, upon his resignation as
Chief, also resigned as a member of the Board of Trustees of the
Sebastian Police officers' Retirement Trust Fund. State law
requires Ghat the fifth member of the Board of Trustees be chosen
by a majority of the previous four (4) members and submitted to
the city Council for appointment. The statute requires the
appointment of such person as a ministerial duty.
RECOMMENDED ACTION
Move to appoint Chief Earle L. Petty, Jr., as the fifth member of
the Board of Trustees of the Sebastian Police officers'
Retirement Trust Fund.
SEBASTIAN POLICE OFFICERS'
RE ~REMENT TR US T FUND
POST OFFICE BOX 780127 · SEBASTIAN, FLORIDA 32978
TELEPHONE: CITY HALL (407) 589.5330 · POLICE DEPARTMENT (407) 589-5233
FAX (407) 589-5570
August 9, 1990
Robert S. McClary, City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Fi. 32978
Dear Mr. McClary:
This letter is to advise you that the vacancy created by_ the
departure of Charles ReYnolds was filled by the Board of
Trustees at its August 9, 1990 meeting. This ~osition is the
Trustee elected by the other four Trustees. Chief Farle Petty
was elected.
Gregory Gore is the new chaiunan of the Board of Trustees.
Sincerely,
Carol Carswell
Secretary/Treasurer
City of Sebastian
Engineering & Public Works
Mr. David Fischer
March 14, 1990
blt. Fischer,
As per our conversation of March 12, 1990 in
reference to the Vickers Subdivision.
I am very concerned about the effects of having the
Vickers Subdivision connecting to our exsisting development
being ( Sebastian Highlands) for the following reasons:
Sebastian ilighlands is not yet built to its
capacity. There are about 150 lots that have
not yet been developed, in tile area of Lance St.
Considering that tt~e proposed subdivision will
have single & multi_family'~dwellin§s~ also about
28 acres of Industry, which is being built at
present, it is obviously going to create unforseen
traffic hazards. The Sebastian Highlands present
development was not built to accomadate this
increase in capacity & diversity. Light Indus'trial
traffic is directly connected to residential
streets, creating tile possibility of entering
tile [lighlands even though tl~e expected route is
Vickers Road (99 St.) exit via U.S.1.
I am sure it will be a very nice subdivision when it is
completed, I just feel we have to take the above into consid-
ration.
~Thank You,
Corinn VanBuskirk
4. Exterior lighting. Exterior lighting shall be provided
and shall be so arranged as to shield or deflect the
light from adjoining properties and public streets.
1. Interna! circulation system design and access/egress
considerations. Driveways, curb cuts, and areas for
the parking and internal circulation of vehicles shall
be located, designed and controlled so as to provide for
safe and convenient circulation within the site and
safe and convenient access from and onto adjoining
streets. The city engineer shall review such design
considerations based on standard traffic engineering
principals and practices and such specifications as may
be adopted by resolution of the city council. Require.
ments of Article VIII of this chapter shall be applied
for off-street parking. Among factors to be considered
shah be need for acceleration and deceleration lanes;
the number, location and size of curb cuts and access
drives from adjacent streets; the location and design of
driveways and access aisles to parking spaces, the
arrangement, delineation and marking for parked areas;
and the means of access to buildings for fire-fighting
apparatus and other emergency vehicles.
2. Separation of vehicular and pedestrian areas. Parking
areas and driveways shall be clearly identified and
separated from principal pedestrian routes and recre-
ation areas by curbs, pavement markings, planting
areas, fences or similar features designed to promote
pedestrian safety.
~~~affic impact analysis shall be re~ired o
~'o,~ ~.oning and S'~t~ '~2]'~ ~r'e~i ·
ews pursuant to standards,
' anal~s~s'iS'aesi~n~d"ta' ~c"hi';~'SlSJ~a~iV~s stipulated in the'
transportation element of the comprehensive plan. The
planning and zoning commission with the recommenda-
tion of the city engineer may waive this requirdment based
652
LEGAL BASIS AND GENERAL PROVISIONS § 20A-10.2.
on a determination that the proposed use will not generate
any adverse off-site impacts warranting corrective mea-
sures by the applicant:
1. Applicability. A transportation impact study shall be
required if:
(a) A proposed development generates more than one
thousand (1,000) trips per day. Such development
shall maintain a level of service C, daily condition
and level of service D for peak hour conditions on
collector and arterial street segments as noted
below. The trip generation shall be based on the
Table of Average Trip Generation Rates by Land
Use Category in this section unless the applicant
can demonstrate that unique development char-
acteristics will result in substantially different
rates.
TABLE OF AVERAGE TRIP GENERATION RATES
BY LAND USE CATEGORY
Trip Generation Rates
(Trip Origins and Destination) per
1,000 Square Feet of Gross Floor Area
(GFA), Dwelling Unit (D. U.), or Other
Specific Unit of Measure
Highest Average
Weekday Hour
Average 24-Hour Between 3 p. rrr
Use Category Land Use Weekday Total and 6 p. rm
Residential Single-family 10.0/D.U. 1.0/D.U.
Multiple-family 8,05/D,U. .81/D.U,
Condominium 5.6/D.U. .4/D.U.
Mobile home 5.2/D.U. .53/D.U.
Retirement community
and elderly
housing 3.3/D,U. .4/D.U.
Resort and recreational
rental housing 12.0/D,U. 1.2/D.U.
All other uses 5.6/D.U. ,5/D.U.
Outdoor Boat launching 4.8/ramp .9/ramp
recreation Golf course 45.3/hole 7.6/hole
Park with swimming
area 7.4/total acre 1.2/total acre
653
DO YOU WANT A PROFOSF. D :~UUD.LV.I.~.u~ e, ~n~u~.tz~.~,~ :n~,,~
ONTO LANCE STREET IN SEBASTIAN HI1 HLA~;DS THAT IS NOT EVEN
FULLY BUILT TO .CAPACITY?
ADDRESS ' '
¢ __~~__~ ~~
DO YOU WANT A
CONNECTI~ ONTO LANCE STREET IN SEBASTIAN HIGHLANDS THAT
IS NOT EVEN FULLY BUILT TO CAPACITY?
YES NO
NAME ADDRESS
~,~:~.::,,..:.; .~~. ~,,~~~,, ........
~~-'k ~ ;-.~ ...'~' ,-:~ ..... ,
"~ "--.-..~.-~ ~'~'~ : ,',~.,
Henry F/ chcr $on , Inc.
Land Clearing · Top (~uality Fill
P.O. Box 780068
Sebastian, Florida 32978-0068
1305] 559-3159
February l, 1988
Dear Property Owner!
Very shortly you will receive a letter notifying you
that Henry Fischer & Sons, Inc. has applied for a mining
permit.
This letter is to assure you that there will be no
activity near your home, and there will be no trucks
driving down your road. The trucks will be using U.S. #1,
and will not be traveling on either Lance or Gilson Street.
You will'not, at any ~ime, be bothered by any '~ise or
traffic. The work that will be done is the same w~r~. tha't
we have been doing in that area for the past seven years.
In addition, we will stay back 150' from our boundary lines.
'"~,
. ,:? The groves will remain the same.
.if
The end result will be a subdivision with a lake, similar
to South Moon Under, Roseland Acres and San Sebastian Springs.
This subdivision will enhance the area, as well as raise the
value of your homes or property. In addition, there may be
a sixty foot park strip dedicated to the City of Sebastian.
If you have any questio~~s or comments, please feel free
to contact Carl F~scher at 589-3159, between the hours of
8:00 a.m. a'nd 5:00 ~.m.
iNC.
CAF:sf ,'