HomeMy WebLinkAbout07101991 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
91.177
91.071
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JULY 10, 1991 - 7:00 P.M.
CiTY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - NO One Available
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC iNPUT ON AGENDA ITEMS
8. PRESENTATIONS
A. Presentation of Plaques to Parks and Recreation
Committee Members
B. Gerald Hartman - Hartman & Associates, Inc. and
Attorney Thomas Cloud - Gray, Harris, Robinson,
Kirschenbaum & Peeples - Water & Sewer Utility
Report (City Manager Recommendation dated 7/3/91)
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91.013
91.013
91.012
9. PUBLIC HEARING, FINAL ACTION
A. ORDINANCE NO. O-91-05 - Morchesk¥ CLUP Amendment
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE
LAND USE PLAN MAP FROM INDIAN RIVER COUNTY LD2 DISTRICT
AND MXD DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR
LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY,
APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST
SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110
FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROViDiNG FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
(Advertised 1/4 page 1/16/91, 1st Reading and 1st Public
Hearing 1/23/91, Transmittal to DCA, Advertised 1/4 page
7/3/91, 2nd Public Hearing 7/10/91)
B. ORDINANCE NO. O-91-06 - Morchesky Rezoning
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY,
APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST
SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110
FEET SOUTH OF WOODMERE ROAD FROM COUNTY ZONING DISTRICTS
Al, RM6, AND IL TO CITY ZONING DISTRICT IN (INDUSTRIAL);
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst Reading
1/23/91, Advertised 6/26/91, Public Hearing 7/10/91)
C. ORDINANCE NO. O-91-07 - Fisher CLUP Amendment
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE
LAND USE PLAN MAP FROM COR (COMMERCIAL OFFICE
RESIDENTIAL) DISTRICT TO CG (COMMERCIAL GENERAL)
DISTRICT FOR LAND LOCATED IN THE NORTH CENTRAL AREA OF
THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED
APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1,
ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET
AND NORTHWEST OF CROSS STREET; PROVIDING FOR A COPY OF
THE DESIGNATION CHANGE TO THE COMPREHENSIVE LAND USE
PLAN MAP TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Advertised 1/4 page 1/16/91, 1st Reading and 1st
Public Hearing 1/23/91, Transmittal to DCA,
Advertised 1/4 page 7/3/91, 2nd Public Hearing
7/10/91)
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91.012
91.152
91.126
D. ORDINANCE NO. 0-91-08 - Fisher Rezoning
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN
PROPERTY IN THE NORTH CENTRAL AREA OF THE CITY,
APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED
APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1,
ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET
AND NORTHWEST OF CROSS STREET, FROM COR (COMMERCIAL
OFFICE RESIDENTIAL) ZONING DISTRICT TO CG (COMMERCIAL
GENERAL) ZONING DISTRICT; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 1/23/91, Advertised
6/26/91, Public Hearing 7/10/91)
ORDINANCE NO. 0-91-15 - Handbill Distribution
Regulation
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE Ii OF CHAPTER 3 OF THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, REGULATING
THE DISTRIBUTION OF HANDBILLS WITHIN THE CITY OF
SEBASTIAN, FLORIDA; PROHIBITING THE DISTRIBUTION OF
HANDBILLS ON PRIVATE PROPERTY; PROVIDING FOR EXCEPTIONS;
PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 6/12/91, Advertised 6/2/91, Public Hearing
7/10/91)
F. ORDINANCE NO. O-91-18 - Nuisance Regulation
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
NUISANCES, IN ITS ENTIRETY; AMENDING SECTIONS 16-1
PERTAINING TO DEFINITIONS, 16-1.1 PERTAINING TO COUNCIL
INTENT, 16-2 PERTAINING TO iLLUSTRATIVE ENUMERATIONS,
16-2.1 PERTAINING TO NOTICE OF VIOLATION - GENERALLY,
16-3 PERTAINING TO NOTICE OF VIOLATION - PROCEDURE AND
FORM, SECTION 16-4 PERTAINING TO HEARINGS BEFORE CODE
ENFORCEMENT BOARD, SECTION 16-5 PERTAINING TO CONDITIONS
MAY BE REMEDIED BY THE CITY AND LIEN IMPOSED, SECTION
16-6 PERTAINING TO SANITARY LIEN BOOK, SECTION 16-7
PERTAINING TO RULES AND REGULATIONS AUTHORIZED, AND
SECTION 16-8 PERTAINING TO PENALTY FOR VIOLATION, OF THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR CODIFICATION IN THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 6/12/91, Advertised 6/2/91, Public Hearing
7/10/91)
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91.175
91.142
91.168
91.178
91.179
91.180
91.181
10.
ORDINANCE NO. O-91-19 - Subpeona Powers and
Grandfathering of Specialty (Floor Covering)
Contractors
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VII OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CONTRACTORS; AMENDING SECTION 7-95 TO PROVIDE THE
CONSTRUCTION BOARD AND ALLEGED VIOLATORS WITH SUBPOENA
POWER; AMENDING SECTION 7-103 TO PROVIDE FOR ISSUING
COMPETENCY CARDS TO CONTRACTORS WHO HAVE VALID AND
ACTIVE CERTIFICATE OF COMPETENCY ISSUED BY INDIAN RIVER
COUNTY, FLORIDA, UNDER CERTAIN CIRCUMSTANCES; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(lst Reading 6/26/91, Advertised 6/28/91, Public Hearing
7/10/91)
CONSENT AGENDA
A. Approval of Minutes - 6/26/91 Regular Meeting
Establish Time Restraints - Sign at Riverview Park
for Riverside Assembly of God Youth Rally (Staff
Recommendation dated 7/2/91, City Clerk Letter
dated 2/15/91)
Side Lot Drainage Culverts (Staff Recommendation
dated 7/3/91, City Engineer Memos dated 7/3/91
and 6/19/91, Property Owner Letter [Undated])
Waiver of Bid Procedure - Renovate Davis Street
Storm Drain Pipes - Extend Fischer & Sons Contract
(Staff Recommendation dated 7/3/91, City Engineer
Memo dated 7/3/91, Sketch of Proposed Improvements)
William Bertram - Request to Remove Specimen Tree
(Staff Recommendation dated 7/2/91, Application,
Survey)
Holiday Builders, Inc. - Request to Remove
Specimen Trees - Lot 10, Block 44, Unit 2,
Sebastian Highlands (Staff Recommendation dated
7/3/91, Application, Survey)
National Small Business Tree Planting Program
(Florida) Grant (Staff Recommendation dated 7/3/91,
City Manager Letter dated 7/2/91, Application
Instructions)
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91.182
91.176
91.183
91.184
91.185
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12.
13.
RESOLUTION NO. R-91-22 - Abandonment of Easement
(R-91-22, Eckis Memo dated 6/25/91, Application,
Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE SOUTH 10 FEET OF
PARCEL 1, TRACT P, AND THE NORTH 10 FEET OF PARCEL 2,
TRACT P, SEBASTIAN HIGHLANDS, UNIT 2 ACCORDING TO THE
PLAT THEREOF, RECORDED IN PBI 5/35, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
RESOLUTION NO. R-91-23 - America the Beautiful
Grant
A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING
THE CITY MANAGER AND HIS STAFF TO ENTER INTO AN URBAN
AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT
WITH THE STATE OF FLORDIA, DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-91-24 - Abandonment of Easement
(R-91-23, City Engineer Memo dated 6/25/91,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE NORTHWEST SIX (6) FEET
OF LOT 15, BLOCK 196 AND THE SOUTHEAST SIX (6) FEET OF
LOT 16, BLOCK 196, SEBASTIAN HIGHLANDS UNIT 10;
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6/37K
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
Request Community Center Use - A/B - Marsha
Raynor - 7/20/91 - 9:00 p.m. to 1:00 a.m. - DOB -
8/9/50 - Security Paid (Application)
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
NEW BUSINESS
Legislative "Special Acts" (City Manager Recommen-
dation dated 7/2/91, Sembler Memo dated 6/26/91,
City Manager Memo dated 6/7/90, City Attorney
Letter dated 11/28/90, P & Z Memo dated 8/15/89)
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MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
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ADDRESS:
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JUNE 26, 1991 REGULAR CITY COUNCIL MEETING
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