HomeMy WebLinkAbout08121992 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 12, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Tom Kempf - Riverside Church
4. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARING, FINAL ACTION - None
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
92.212
92.225
92.226
92.227
92.060
92.220
PUBLIC INPUT ON AGENDA ITEMS
CONSENT AGENDA - Ail items on the consent agenda are
considered to be routine and will be enacted by one
motion. There will be no separate discussion of
consent agenda items unless a member of City Council
so requests; in which event, the item will be removed
and acted upon separately.
Approval of Minutes - 7/22/92 Regular Meeting,
8/5/92 Workshop
RESOLUTION NO. R-92-35 - Seek Legislation to
Remove Communication Restrictions Between Elected
Officials and Constituents Re: Quasi-Judicial
Matters (R-92-35)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
SEEKING LEGISLATION THROUGH'THE INDIAN RIVER COUNTY
LEGISLATIVE DELEGATION WHICH WILL REMOVE
COMMUNICATION RESTRICTIONS BETWEEN ELECTED OFFICIALS
AND THEIR CONSTITUENTS IMPOSED BY RECENT COURT
DECISIONS FROM THE DISTRICT COURTS OF APPEAL OF THE
STATE OF FLORIDA; PROVIDING FOR DISTRIBUTION AND
EFFECTIVE DATE.
Receive Amended Code Enforcement Order - Case
Nos. 92-6345, 92-6348, 92-6418, 92-6436 (Order)
MGB Homes, Inc. - Request to Remove Specimen Tree
- One Pine - Lot 2, Block 98, Unit 2, Sebastian
Highlands (Staff Recommendation dated 7/22/92,
Application, Survey)
Waiver of Bidding Procedure (Sole Source) - Golf
Course Fertilizer Purchase - Twenty Two Tons of
5-10-10 w/ IBDU - Vigoro Industries of Ft.
Pierce, FL $6,556 (Staff Recommendation dated
8/4/92, Golf Course Superintendent Memo dated
7/27/92)
Waiver of Bidding Procedure (Commercial
Reasonableness) - Police Station Radio Tower
- Communications International, Inc. - $38,090
(Staff Recommendation dated 8/6/92, Proposal
dated 8/6/92)
Richard Fey - Request Placement of Pilings Within
Ten Feet of Riparian Rights Line of City Dock
Ad3acent to Yacht Club (Staff Recommendation
dated 8/6/92)
2
92.228
92.229
92.230
92.231
92.150/
92.232
10.
11.
12.
13.
14.
H. Craft Club of Sebastian - Request for Use of
Riverview Park - 92/93 Season (City Clerk
Recommendation dated 8/5/92, Tucker Letter dated
8/3/92)
I. Sebastian River Art Club - Request for Use of
Riverview Park - 92/93 Season (City Clerk
Recommendation dated 8/6/92, Dougherty Letter
dated 8/4/92)
J. March of Dimes - Request for Use of Riverview
Park for 10-17-92 Fundraiser (Staff
Recommendation dated 8/6/92, Rousch Letter dated
8/1/92)
PRESENTATIONS - None
MAYOR AND CITY COUNCIL MATTERS
A. Mayor Lonnie R. Powell
B. Mr. Frank Oberbeck
C. Mrs. Carolyn Corum
D. Dr. Peter R. Holyk
E. Mr. George G. Reid
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
A. Treasure Coast Council of Local Governments -
Select Member of City Council to Membership (Ginn
Letter dated 8/3/92)
B. PLANNING AND ZONING COMMISSION
1. Ratify Site Plan Approval of Sebastian Inlet
Marina & Trading Co. (Staff Recommendation
dated 8/6/92, Copies of Site Plan, Collins
Letter dated 8/6/92)
3
15. OLD BUSINESS
92.150
ORDINANCE NO. O-92-13 - Vacation of a Portion of
North Central Avenue (As Amended) (0-92-13)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING A PORTION OF THE CENTRAL
AVENUE RIGHT-OF-WAY LOCATED EAST OF U.S. HIGHWAY 1,
ALSO KNOWN AS STATE ROAD 5, WEST OF INDIAN RIVER
DRIVE AND NORTH OF MAIN STREET; PROVIDING FOR THE
PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY
EASEMENTS; PROVIDING CONDITIONS; PROVIDING FOR
RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
92.194
U.S. One Sidewalk Project - Waive Normal Bidding
Procedures (No Bids Received) and Accept Proposal
of Fischer & Sons - 820,000 (Staff Recommendation
dated 8/6/92, Proposals)
16. NEW BUSINESS
92.217
Land Trade Between Paul and Hazel Stevenson and
City of Sebastian (City Manager Recommendation
dated 8/6/92, Portion of Tax Atlas)
92.233
San Sebastian Springs West Time Extension Request
(Staff Recommendation dated 8/6/92, Fischer
Letter dated 7/28/92, Preliminary Site Plan Under
Separate Cover)
92.234/
91.007
DeCristofaro Sandmine - Twelve Month Time
Extension Request (Staff Recommendation dated
8/6/92, Mosby Letter dated 6/12/92, Application,
R-91-03)
92.235/
91.006
Morchesky Sandmine - Twelve Month Time
Extension Request (Staff Recommendation dated
8/6/92, Mosby Letter dated 2/12/92, Application,
R-91-01)
17.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
18. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
iS TO BE HEARD. (286.0105 F.S.)
4
AUGUST 12, 1992 REGULAR CITy COUNCIL MEETING
PUBLIC INPUT ON AGENDA ITEMS
SIGNUP SHEET
(Use this form O~LF for input on items on the prepared agenda
except for public hearings which have their own signup sheets.
If you wish to speak during the actual discussion of the matter
rather than/~during "Public Input on Agenda items" please note.)
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CiTY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 12, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. Mayor Powell called the meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
3. The invocation was given by Reverend Tom Kempf -
Riverside Church.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Dr. Peter Holyk
Mr. George Reid
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution NO. R-89-59).
None·
Regular City Council Meeting
August 12, 1992
Page Two
92.212
92.225
92.226
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
None.
7. PUBLIC HEARING, FINAL ACTION
None.
8. PUBLIC INPUT ON AGENDA ITEMS
Mary Heinicke, 705 Cleveland Street, Sebastian,
and Charles Cossitt, 9710 North Marina Drive, spoke
on item 92.150 regarding the abandonment of a portion
of North Central Avenue.
CONSENT AGENDA - Ail items on the consent agenda are
considered to be routine and will be enacted by one
motion. There will be no separate discussion of
consent agenda items unless a member of City Council
so requests; in which event, the item will be removed
and acted upon separately.
Approval of Minutes - 7/22/92 Regular Meeting,
8/5/92 Workshop
RESOLUTION NO. R-92-35 - Seek Legislation to
Remove Communication Restrictions Between Elected
Officials and Constituents Re: Quasi-Judicial
Matters (R-92-35)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
SEEKING LEGISLATION THROUGH THE INDIAN RIVER COUNTY
LEGISLATIVE DELEGATION WHICH WILL REMOVE
COMMUNICATION RESTRICTIONS BETWEEN ELECTED OFFICIALS
AND THEIR CONSTITUENTS IMPOSED BY RECENT COURT
DECISIONS FROM THE DISTRICT COURTS OF APPEAL OF THE
STATE OF FLORIDA; PROVIDING FOR DISTRIBUTION AND
EFFECTIVE DATE.
Receive Amended Code Enforcement Order - Case
Nos. 92-6345, 92-6348, 92-6418, 92-6436 (Order)
MGB Homes, Inc. - Request to Remove Specimen Tree
- One Pine - Lot 2, Block 98, Unit 2, Sebastian
Highlands (Staff Recommendation dated 7/22/92,
Application, Survey)
2
Regular City Council Meeting
August 12, 1992
Page Three
92.227 E.
92.060 F.
92.220 G.
92.228 H.
92.229 I.
92.230 J.
Waiver of Bidding Procedure (Sole Source) - Golf
Course Fertilizer Purchase - Twenty Two Tons of
5-10-10 w/ IBDU - Vigoro Industries of Ft.
Pierce, FL $6,556 (Staff Recommendation dated
8/4/92, Golf Course Superintendent Memo dated
7/27/92)
Waiver of Bidding Procedure (Commercial
Reasonableness) - Police Station Radio Tower
- Communications International, Inc. - S38,090
(Staff Recommendation dated 8/6/92, Proposal
dated 8/6/92)
Richard Fey - Request Placement of Pilings Within
Ten Feet of Riparian Rights Line of City Dock
Adjacent to Yacht Club (Staff Recommendation
dated 8/6/92)
Craft Club of Sebastian - Request for Use of
Riverview Park - 92/93 Season (City Clerk
Recommendation dated 8/5/92, Tucker Letter dated
8/3/92)
Sebastian River Art Club - Request for Use of
Riverview Park - 92/93 Season (City Clerk
Recommendation dated 8/6/92, Dougherty Letter
dated 8/4/92)
March of Dimes - Request for Use of Riverview
Park for 10-17-92 Fundraiser (Staff
Recommendation dated 8/6/92, Rousch Letter dated
8/1/92)
The City Manager read the consent agenda in its
entirety.
Mr. Reid removed item G and Dr. Holyk removed item D.
MOTION by Holyk/Oberbeck
I would move that we approve the consent agenda
items A, B, C, E, F, H, I and J.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 5-0.
3
Regular City Council Meeting
August 12, 1992
Page Four
Item D
Dr. Holyk noted that it has been a difficult process
to implement the proposed tree protection ordinance.
MOTION by Holyk/Corum
I would move to approve item D of the consent
agenda.
VOICE VOTE on the motion carried 5-0.
Item G
Mr. Reid expressed concern for the fact that the
diagram presented on the pier shows it at right
angles and not as it exists and suggested this item
be held until better information is provided to City
Council, however, it was the consensus of City
Council that the ten foot deviation would present no
problems.
MOTION by Oberbeck/Holyk
I would move to approve item G of the consent
agenda.
ROLL CALL:
Dr. Holyk aye
Mr. Reid nay
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 4-1 (Reid - nay).
The Director of Community Development said he would
give City Council a status report as this pro3ect is
undertaken.
10. PRESENTATIONS
None.
11. MAYOR AND CITY COUNCIL MATTERS
A. Mayor Lonnie R. Powell
The City Engineer responded to Mayor Powell's inquiry
regarding the Louisiana/Schumann paving and drainage
study and, with the consensus of City Council, this
item was placed on the August 26, 1992 meeting.
4
Regular City Council Meeting
August 12, 1992
Page Five
B. Mr. Frank Oberbeck
Mr. Oberbeck inquired about the status of Laconia
Street; directed staff, with the consensus of City
Council, to schedule a meeting between residents
affected by the proposed realignment of the Wentworth
ditch and City officials; discussed problems with the
Fleming Street bridge; inquired about the status of a
youth center Droposed for the recently acquired GDC
property adjacent to BSSC; and inquired whether
access to the old police station site had been
barricaded.
C. Mrs. Carolyn Corum
Mrs. Corum inquired whether a U.S. One median strip
landscape architect had been contracted with as yet;
and tried to alleviate some public confusion relative
to scrub jay habitat procedures.
D. Dr. Peter R. Holyk
Dr. Holyk inquired whether the last adjourned agenda
should have been carried forward; defined the word
"consensus"; discussed the proposed sale of GDC
properties; said he did not believe the City Engineer
tried to evade questions relative to city streets at
the last meeting; inquired whether the proposed
budgets became public record when finally prepared
for distribution, (TAPE I - SIDE II) to which the
City Attorney responded in the affirmative; requested
that that opinion be directed to the Finance Director
and Assistant Finance Director; said that upon advice
from a Planning and Zoning Commission member he had
listened to a tape of the last City Council meeting;
and turned over a piece of mail he had received to
the City Clerk relative to Kashi Ranch.
E. Mr. George G. Reid
Mr. Reid requested that staff look into implementing
a nature walk at the swim hole on Stonecrop Street;
expressed concern for the County property adjacent to
the Morchesky and DeCristofaro sandmine sites being
used for dumping; and discussed a growing
disenchantment with the Vero Beach twin pairs.
5
Regular City Council Meeting
August 12, 1992
Page Six
Dr. Holyk commented that, in light of recent
declines in available grant funds, perhaps there is
a more 3udicious way to utilize the City Planner's
time.
Mayor Powell called recess from 8:03 p.m. to 8:18
p.m. All members were present when the meeting
reconvened.
12. CITY ATTORNEY MATTERS
None.
13. CITY MANAGER MATTERS
City Council, by consensus and at the request of the
City Manager, scheduled a public hearing on an
application for permit and certificate of public
convenience and necessity for Treasure Coast Shuttle
for August 26, 1992.
The City Manager said Resource Recovery would be
removing the contaminated soil from the public works
compound the next day.
City Council, by consensus and at the request of the
City Manager, directed that the Public Works
Department begin picking up commodities to bring to
St. Sebastian Church for distribution.
A lengthy discussion took place on the City Manager's
request to open the swim hole during daylight hours.
City Council generally agreed that it was a good idea
to open the area during daylight hours, but directed
staff to continue to post "no trespassing" signs
while it conducts an evaluation of the city's
liability responsibilities and safety questions. The
City Manager said he would bring back a written
report at either the next meeting or workshop.
The City Manager was directed to place the proposed
construction of and cost estimates for a public
volleyball court in the retention area of the new
police station on the August 26, 1992 agenda.
The City Manager announced that Chief Earle Petty had
received five gold medals at the World Police
Olympics in Washington, D.C.
6
Regular City Council Meeting
August 12, 1992
Page Seven
TAPE Ii - SIDE I
14. COMMITTEE REPORTS/RECOMMENDATiONS
92.231 A.
Treasure Coast Council of Local Governments -
Select Member of City Council to Membership ~Ginn
Letter dated 8/3/92)
Mayor Powell volunteered for the position and Mr.
Reid was named alternate.
B. PLANNING AND ZONING COMMISSION
92.150/
92.232
Ratify Site Plan Approval of Sebastian Inlet
Marina & Trading Co. (Staff Recommendation
dated 876/92, Copies of Site Plan, Collins
Letter dated 8/6/92)
Tom Collins, Sebastian Inlet Marina and Trading Co.,
addressed City Council with a new ingress and egress
concept which incorporated an island which directs
exiting vehicles onto U.S. 1 to the north only.
A lengthy discussion followed. Mr. Collins said he
was open to anything the City Engineer wanted
relative to ingress and egress onto North Central.
Discussion took place on the need to eliminate the
proposed location of the U.S. median barrier west of
North Central Avenue.
MOTION by Holyk/Oberbeck
I'd like to make a motion that the City Council
approve the site plan proposal by Sebastian Inlet
Marina subject to the following conditions: 1) all
conditions outlined in Ordinance No. 0-92-13 shall be
enforced; 2) ingress and egress shall be permitted
onto U.S. Highway 1 subject to FDOT permits and the
construction of the island divider separating the
ingress and egress onto U.S. Highway 1 as depicted in
the enclosed drawing; and 3) the question of a curb
cut onto North Central Avenue whether it be ingress
only or ingress and egress be subject to the final
recommendation of our City Engineer in concert with
our City consulting engineer.
The City Attorney expressed concern for delegation
to the City Engineer in the third condition, and
recommended the City Council make a decision in its
motion one way or another.
7
Regular City Council Meeting
August 12, 1992
Page Eight
92.150
The third condition of the motion was changed and
seconded to "the curb cut on North Central Avenue
will be ingress only".
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
15. OLD BUSINESS
ORDINANCE NO. O-92-13 - Vacation of a Portion of
North Central Avenue (As Amended) (0-92-13)
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, VACATING A PORTION OF THE CENTRAL
AVENUE RIGHT-OF-WAY LOCATED EAST OF U.S. HIGHWAY 1,
ALSO KNOWN AS STATE ROAD 5, WEST OF INDIAN RIVER
DRIVE AND NORTH OF MAIN STREET; PROVIDING FOR THE
PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY
EASEMENTS; PROVIDING CONDITIONS; PROVIDING FOR
RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Attorney read Ordinance No. O-92-13 by title
only and pointed out a typo on page five, and changed
"ad initio" to "ab initio".
MOTION by Holyk/Reid
I would move that we approve Ordinance No. 0-92-
13 vacation of a portion of North Central Avenue
subject to the amendment of letter "d" to "b" as
specified.
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
MOTION CARRIED 5-0.
8
Regular City Council Meeting
August 12, 1992
Page Nine
92.194 B.
U.S. One Sidewalk Project - Waive Normal Bidding
Procedures (No Bids Received) and Accept Proposal
of Fischer & Sons - $20,000 (Staff Recommendation
dated 8/6/92, Proposals)
Following a brief discussion, motion was made.
MOTION by Holyk/Corum
I would make a motion that we approve the
contract with Fischer and Sons in the amount of
$20,000 and waive the normal bidding procedures for
lack of bids for the sidewalk project on U.S. 1.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 5-0.
16. NEW BUSINESS
92.217
Land Trade Between Paul and Hazel Stevenson and
City__°f Sebastian (City Manager Recommendation
dated 8/6/92, Portion of Tax Atlas)
The City Manager gave a brief explanation of this
requested land trade. (see City Manager recommendation
attached)
Vice Mayor Oberbeck was excused from 9:19 p.m. to
9:20 p.m.
The City Attorney recommended that if tacitly
approved this evening all documents should come back
to City Council for final approval.
MOTION by Holyk/Corum
I would move that we tacitly approve the proposed
exchange between the City and Paul and Hazel Stevenson
subject to City Attorney bringing this back to us for
final approval.
Mr. Reid expressed concern for possible future needs
for additional property for construction or repair of
the city seawall.
Steve Lulich, representing the Stevensons, consented
to work with the City Attorney on this request when
documents are prepared.
9
Regular City Council Meeting
August 12, 1992
Page Ten
92.233
92.234/
91.007
ROLL CALL:
Mrs. Corum
Dr. Holyk
Mr. Reid
Mayor Powell
Mr. Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
San Sebastian Springs West Time Extension Request
(Staff Recommendation dated 8/6/92, Fischer
Letter dated 7/28/92, Preliminary Site Plan Under
Separate Cover)
MOTION by Oberbeck/Reid
I would move to grant the time extension.
Discussion followed regarding the requested five year
extension. Staff recommended eighteen months in
accordance with the Land Development Code.
TAPE ii - SIDE II
Carl Fischer fielded questions from the City Council
and City Attorney.
Motion was changed and seconded to "grant for
eighteen months".
ROLL CALL:
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 5-0.
The City Attorney noted that the extension starts the
day the special use permit expires, August 13, 1992.
DeCristofaro Sandmine - Twelve Month Time
Extension Request (Staff Recommendation dated
8/6/92, Mosby Letter dated 6/12/92, Application,
R-91-03)
Dr. Holyk was excused from 9:42 p.m. to 9:43 p.m.
The Director of Community Development recommended
that a barrier be placed at the entrance to the
property from Georgia Boulevard to stop illegal
dumping.
10
Regular City Council Meeting
August 12, 1992
Page Eleven
The City Attorney said if Mr. DeCristofaro was
amenable to placing the barrier, on record, it
could be done in the form of a motion rather than by
resolution.
MOTION by Oberbeck/Reid
I move to approve the twelve month extension for
the DeCristofaro sandmining and require Mr.
DeCristofaro to erect some type of barrier on Georgia
Boulevard at the entrance to prevent the use of it
for ingress and egress onto that property.
It was noted that the expiration was actually January
22, 1992, therefore %he extension will begin on that
date.
Following a brief discussion, motion was changed and
seconded to change "some type of barrier" %o "a
fence".
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
92.235/
91.006
Morchesky Sandmlne - Twelve Month Time
Extension Request (Staff Recommendation dated
8/6/92, Mosby Letter dated 2/12/92, Application,
R-91-01)
MOTION by Oberbeck/Holyk
I would move that we approve a twelve month time
extension for the Morchesky sandmining operation
expiring on January 22, 1993.
Discussion took place on whether this property is
included in scrub 3ay habitat.
Mrs. Corum requested the Director of Community
Development to review the scrub jay map prior to roll
call.
Mayor Powell called recess from 10:05 to 10:10 p.m.
All members were present when the meeting reconvened.
11
Regular City Council Meeting
August 12, 1992
Page Twelve
17.
18.
The Director of Community Development said the
subject property is included in the scrub jay habitat
area, however, he read a letter from U.S. Fish and
Wildlife dated February 11, 1992, which determined
that the property is not desirable habitat for scrub
jays. (see attached)
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
MOTION CARRIED 5-0.
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)
None.
Being no further business, Mayor Powell adjourned the
meeting at 10:16 p.m.
Kathryn~. O'Halloran, City Clerk
12
United States Department of the Interior
FiSH AND WILDLIFE SERVICE
P.O. BOX 2676
VERO BEACH, FLOttWA 32961-2676
February 11, 1991 [~EL,[z[~[:.I. i :',
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Dear Mr. Cooper:
By letter dated January 29, 1991, you requested the Fish and Wildlife Service (Service)
conduct a wildlife survey of a 20-acre property in the City of Sebastian. The property is
scheduled to be an industrial subdivision after being commercially sand mined.
A survey was made of the property by a Service biologist on February 7, 1991. The
property can be characterized as sand pine scrub which has been previously mined and
disturbed. In the sand pine area, there are numerous dead and felled trees. The
operation of all-terrain vehicles is noted in the more open land.
Our survey concentrated on the threatened Florida scrub jay, and calling tapes were
played. It was our determination that the property was not desirable habitat for the scrub
jay, being too overgrown in one part and too open in the other. The tapes did not attract
any scrub jays.
During the inspection, the following bird species were observed or heard. The blue jay,
cardinal, towhee, brown thrasher, mockingbird, palm warbler, yellow-rumped warbler,
mourning dove, red-bellied woodpecker, American kestrel, and catbird. A red-tailed
hawk was observed in the distance off the property boundary. Mammal tracks observed
included, racoon, cottontail rabbit, and we believe red fox, as indicated by local
residents. No panther tracks were noted, although local residents have reported this
species. We would not expect panthers tt~ be in this area, and if they were present, such
a relatively small area would not be considered essential to their continued existence. We
will, however, be sending these unconfirmed sightings to our Panther Coordinator for
further ,analysis.
The scrub lizard and Cuban anGle were reptiles also noted on the property. An inactive
gopher tortoise burrow was noted in the sand pine and an active burrow was noted in the
disturbed area directly in line east of the end of Dolphin.Street. We suggest you check
with the Florida Game and Fresh Water Fish Commission~hich lists this species and has
special regulations about their well being and development. \
While there were wildlife present on the site, there are no Federally- listed species. We
recommend that you consult with the Florida Game and Fresh Water Fish Commission
about the gopher tortoise. Also, we recommend that the developer be required to leave a
buffer zone of native habitat on the edge of their property.
Thank you for the opportunity to comment.
If you have further questions on this matter, please contact Fred Schaeffer of my staff
(407-562-3909).
Sincerely yours,
Field Supervisor
CC-'
FG&FWFC, Vero Beach, ~L
George N. Metcalf
425 Pine St., S.W.
Sebastian, FL 32958
City of Sebastian
POST OFFICE BOX 780127 r..] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
,lanuary 29, _1.99_1_
Mr. David b. Ferrell
United States Department of interior
Fish and Wildlife Service
P. O. Box 2676
Veto Beach, FL 32961-2676
'l.'lte City oE Sr._:basl:.ian would rnquest your services in
del. erm.in.i, ng whether or n¢,[~ I_.]~ere are any species of wildlife
tl'lat your agency would prol_'eu't J.n an area of Sebastian,
Attached is a map :indicating 'the area of concern, which is
approximately 213 acres in s:ize. This area has been annexed
into the City of Sebastian and t. here are scheduled plans to
construct, an industrial subdivision. The City has been
in.formed tinct the possibilit.-.y o£ a gopher tortoise may exist.
Also, a concerned ci't. izen said there might be a panther and
red fox in the vacinity.
PI. ease cont. act me at your earliest 'convenience concerning
your inspection and det. ermJ_~ation of any action that your
agency may take.
Your cooperation in this m~al:.ter is greatly appreciated.
Director of Coamu]~:i. ty I)::w:l
BC: jk
Enclosure
pro't spec · doc
./.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) ,589-5570
SUBJECT: Stevenson - City
Land Trade
Approved For Submittal By:
city Manager
EXPENDITURE
REQUIRED:
Agenda No. ~J'~ / ?
Dept. of Origin: city Manager (RSM)
Date Submitted: 08/06/92
For Agenda Of: 08/12/92
Exhibits: -Portion of Tax Atlas
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
In 1977 Paul and Hazel Stevenson donated to the City a tract of
land which is situated to the east of Indian River Drive, north
of Fellsmere Road and south of Coolidge Street. This tract is
known as the Stevenson Park and lies directly east of the "CAV-
CORP" property. Mr. & Mrs. Stevenson have recently sold other
property they own in this area. During the title search it was
discovered that Mr. & Mrs. Stevenson, as part of the 1977
donation to the City, had also transferred a small tract on the
east side of Indian River Drive.just north of the Yacht Club.
This tract is approximately .41 feet north/south and 60 feet
east/west or approximately 2,400 square 'feet (.06 acre) Mr. &
Mrs. Stevenson claim that the transfer of this property in 1977
was done in error and that it was their intention to maintain
ownership of this property. Mr. & Mrs. Stevenson also own a
tract of submerged land due east of this parcel which is
approximately 41 feet north/south by 190 feet east/west which is
approximately 7,700 square feet (.17 acre). The submerged
property is no longer accessible with the transfer of the smaller
tract to the city in 1977. The Stevenson's have offered to trade
a portion of the smaller tract for an easement on the submerged
tract. In exchange for approximately 35.48 feet of frontage (th~
City would retain an easement on the southern 5 feet) the
Stevensons would grant the southern 5 feet of the larger
submerged tract. Additionally, they would provide a construction
easement on the entire tract. The new 5 foot easement would be
greatly beneficial to the City should we wish to reconstruct the
north seawall. Currently, the seawall cap is on the north
property line.
Q 375~~
RIVER ~ OAkS
TOWNHOME$
t..~ .*. '.~"
G.L.7
DAF
CITY LIMITS
REVISION
_!'~ _.l .'~ '~ N~',i, ~ ~
9
~J.~/7
I dAN.D, 1981