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Home My WebLink About02121997 City of Sebastian 1225 MAIN STREET rn SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 I SEBASTIAN CITY COUNCIL i REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 12, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAINSTREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-97-02) 2. 3. 4. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Police Department Chaplain Frank Camillo + AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-96-53) pROCLAMATIONS, ANNOUNCEMENTS AND/OR pRESENTATIONS 97.065 A. Presentation of Certificate - Employee of' the Quarter - 4th Quarter 1996 ~ITY ATTORNEY MATTERS CITY MANAGER MATTERS 1-32 97.066 33-34 97.067 35-36 97.061 37-39 10. CONSENT AGENDA All 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. Ao Approval of Minutes - 1/20/97 Special Meeting, 1/22/97 Workshop, 1/22/97 Regular Meeting, 1/31/97 Special Meeting Bo Approve Fiscal Year 97/98 Budget Calendar (Finance Director Transmittal 1/31/97, Calendar) Approve Lion's Club Use of Riverview Park for Fundraiser Steak Dinner on April 5, 1997 from 12 pm to 7 pm - Electricity - Standard Conditions (City Clerk Transmittal 1/28/97, Moore Letter) PUBLIC HEARINGS Procedures for public hearings: (R-96-53) · Mayor Opens Hearing ° ~Ittorney Reads Ordinance or Resolution Staff Presentation · Public Input - Limit of 10 Minutes Per Speaker ° StaffSummation ° Mayor Closes Hearing ° Council ~1 ction .~lnyone Y~ishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record Second Reading Public Heating and Final Adoption of Ordinance No. 0-97-03 - Unlawful to Repair Vehicles in Residential District Unless Registered to Property. Owner., or Resident (City_ Clerk Transmittal 2/7/97. 0-97-3) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 98-36 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS OF WAY"; PROVIDING THAT IT IS UNLAWFUL TO PARK VEHICLES IN A RESIDENTIAL DISTRICT FOR THE PURPOSE OF MAINTENANCE OR REPAIR, UNLESS THE VEHICLE IS REGISTERED IN THE NAME OF TIlE OWNER AND/OR RESIDENT OF THE PROPERTY ON WHICH THE VEHICLE IS PARKED; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (I st Reading I/26/97, Adverlised Legal Notices 1/29/97, PH 2/12/97) I i I I I I I I I I I I I I I I I 97.013 41-46 97.014 47-.53 97.015 .55-62 97.016 63-67 Second Reading. Public Hearing and Final Adoption Ordinance No, 0-97-04 - Substituting Community Development Director for City. Clerk and Building Official (Community Development Director 2/6/97_ 0-97-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE RELATING TO THE OFFICIAL ZONING MAP AND LAND USE CLASSIFICATIONS BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK AND BUILDING OFFICIAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Second Reading_ Public Hearing and Final Adoption of Ordinance No, 0-9%05 - Special Use Permit Application Procedures (Community Development Director 2/6/97. 0-97-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR SPECIAL USE PERMITS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Second Readint,. Public Hearing and Final Adoption of Ordinance No, 0-97-06 ~ Excavation and-Minine Regulations (Community Development Director 2/6/97. 0-97-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING HEIGHT EXCEPTIONS, REGULATIONS FOR REQUIRED YARDS, EXCAVATION AND MINING - WATER MANAGEMENT STANDARDS, EXCAVATION AND MINING - DURATION AND COMPLETION OF PERMITS, EXCAVATION AND MINING - INSPECTION AND REVOCATION OF PERMITS SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL AND DIRECTOR OF PUBLIC WORKS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PI-I 2/12/97) Second Reading. Public Hearing and Final Adoption of Ordinance No. 0-97-07 - Rule for Location of Accesso~ Buildings (Community Development Director 2/6/97. 0-97- 07) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE PROVIDING FOR AN EXCEPTION TO THE GENERAL RULE OF LOCATION FOR ACCESSORY BUILDINGS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) 97.017 69-75 97.019 75..80 97.020 81-88 97.023 89-93 Ho Second Reading_ Public Hearing and Final Adomion of Ordinance No. O-97-08 - Walls and Fences in Commercial and Industrial Areas (Community Development Director 2/6/9T O-97-08] AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING LIMITATIONS AND RESTRICTIONS FOR WALLS AND FENCES IN COMMERCIAL AND INDUSTRIAL AREAS BY PROVIDING FOR THE APPROVAL OF FENCES AND WALLS NOT EXCEEDING EIGHT FEET IN HEIGHT BY THE COMMUNITY DEVELOPMENT DIRECTOR AND PROVIDING FOR APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 1/26/97, Advertised Legal Notices i/29/97, PH 2/12/97) Second Reading. Public Heating and Final Adoption of Ordinance No. O-97-10 - Moving of Structures - Substituting Titles and Land Development Code for Zoning Code (Community_ Development Director 2/6/97. 0-9% 10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPME2qT CODE REGARDING PROCEDURES REGARDING MOVING STRUCTURES BY SUBSTITUTING COMlVIUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK, BUILDING OFFICIAL AND CITY ENGINEER, SUBSTITUTING LAND DEVELOPMENT CODE FOR ZONING CODE, AND AMENDING PROCEDURES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (I st Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Second Reading. Public Heating and Final Adootion of Ordinance No. Or97-1 ! - Excavation and Mining Procedures (Community Development Director 2/6/97, 0-97-11) AN ORDINANCE OF THE crrY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING LAND EXCAVATION AND FILl,, EXCAVATION AND lVlINING - EXCEPTIONS, EXCAVATION AND MINING - MINING PERMIT REGULATIONS, EXCAVATION AND MINING - APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Ist Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Second Readin_mPublic Hearing and Final Adoption of Ordinance No. O-97-14 ~ Structural Alterations to Nonconformities and Noncompliances (Community Development Director 2/6/97. 0-97-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO STRUCTURAL ALTERATIONS TO NONCONFORMITIES OR NONCOMPLIANCES; SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 1/26/97, Advertised Legal Notices 1/29/97, PFI 2/12/97) 4 I 97.025 95-99 11. 12. 97.060 101-102 13. 97.068 103 97.069 105-148 97.012 149-158 Second Reading. Public Hearing and Final Adoption of Ordinance No. O-97-16 ~ COR District Utility Storage Area Requirement for Carp. on or Similar Unenclosed Vehicle~ Stora~,e Structure (Community Development Director 2/6/97. O-97-1~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING COMMERCIAL OFFICE RESIDENTIAL DISTRICT; AMENDING THE UTILITY STORAGE AREA REQUIREMENT FOR A CARPORT OR SIMILAR UNENCLOSED VEHICLE STORAGE STRUCTURE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 1/26/97, Advertised Legal Notices 1/'29/97, PH 2/I 2/97) COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS Ao Recommendation from Planning and Zoning Commission Concerning Louisiana Avenue and Palmetto Avenue (Community Development Director Transmittal 2/6/97) NEW BUSINESS Provide Direction Re: Preferred Date for First City Council Meeting in March 1997 (City Manager Transmittal 2/5/97) Waiver of Bid Requirement to Secure Biological Services for Municipal Airport - Authorize City Manager to Bring Back Agreement Between City and Carroll and Associates for Approval (City Manager Transmittal 2/6/97, Map, HCP, Quote) First Reading of Ordinance No. O-97,42 - Vacating Street Rights-of-Way in Sebastian Island Pursuant to Agreement w/Cornerstone - Schedule Second Reading. Public Hearimz and Final Adoption for 3/5/97 (Community Development Transmittal 2/6/97. Map. 0-97-42) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING ITHACA AVENUE FROM EMPRESS AVENUE TO SPRING VALLEY AVENUE, ElvIPRESS AVENUE FROM SCHUMANN WATERWAY TO SPRING VALLEY AVENUE, SPRING VALLEY AVENUE FROM EMPRESS AVENUE TO THE NORTH LINE OF LOT 21, BLOCK 594, SPRING VALLEY AVENUE FROM THE SOUTH LINE OF LOT 22, BLOCK 594 TO CRAWFORD DRIVE, ALEXIS STREET FROM SPRING VAH.EY AVENUE SOUTH TO THE LIMIT OF PLAT, AND ALEXIS STREET FROM DAY DRIVE NORTH TO THE LIMIT OF PLAT RIGHTS-OF-WAY; PROVIDING FOR THE RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 5 I 97.070 159-164 First Reading of Ordinance No. 0-97-43 r Vacating Adams Street Right-of-Way.- Schedule Second Reading~Public Hearing and Final Adoption for 3/5/97 (Communily Development Transmittal 2/6/97. 0-97-43) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING THE ADAMS STREET RIGHT-OF-WAY LOCATED WEST OF U.S. HIGHWAY 1; PROVIDING FOR THE RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.071/ 96.110 165-166 14. 15. 16. E. Cavcorp Property Parking Improvements - Conceptual Site Plan (Community Development Director Transmittal 2/6/97, CDD Memo 2/6/97, Alternate Site Plans Under Separate Cover) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC }Vhich is not otherwise on the agenda - limit of ten minutes for each speaker CITY COUNCIL MATTER~q A. Mr. Raymond Halloran B. Mr. Richard Taracka C. Mayor Louise Cartwright D. Vice Mayor Walter Barnes E. Mrs. Norma Damp ADJOURN (All meetings beginning at 6:00 p.m. shall adjourn at 9:30p. m. unless extended for one half hour by a majority vote of City Council. All meetings beginning at 7:00p. m. shall adjourn at 10:30 p.m. unless extended for one half hour by a majority vote of City Council) ANY PERSON l~IO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL YrTTH RESPECT TO ANY MAT1ER CONSIDERED AT THIS MEETING (OR HEARING) V/iLL NEED A RECORD OF THE PROCEED1NGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS iS MADE, i~7-IICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON V/HICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 1N COMPLIANCE V/ITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE l~tO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Ut)coming Meetings: Wednesday, February 19, 1997 - Special Meeting - Quasi-Judicial Hearings - 6 p.m. Wednesday, February 26, 1999 - Regular Meeting - 6p.m. 6 City of Sebastian I 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING MONDAY, JANUARY 20, 1997 - 1:00 P.M. CITY COUNCIL CItAMBERS 1225 MAIN STREET, SEBASTIAN~ FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Cartwright called the Special Meeting to order at 1:00 p.m. The Pledge of Allegiance was recited. City Council Present: Mayor Louise Cartwfight Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka Staff Pres~lat; City Manager, Thomas Frame City Clerk, Kathryn O'Halloran Director of Comsnunity Development 'Bob Massarelli Deputy City Clerk, Sally Maio Special City Council Meeting January 20, 1997 Page Two 4. SPECIAL MEETING ITEM 97.063 A. Adont ResolUtion No. R-97~07 ~ Amended Purchase A~eement - 34 Scub RESOLUTION NO. R-97-07 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLOR]DA, AU'I~ORIZING THE MAYOR TO SIGN AND/HE CITY C!~ERK TO ATTEST, ON BEHALF OF THE CITY, AMENDMENT Il TO THE OPTION AGREEMENT FOR SALE AND PURCHASE OF 34 SCRUB LOTS IN uNrr 17, SEBASTIAN H/GHLANDS, ADDENDUM V TO THE CONCEPTUAL APPROVAL AG~, PURCHASER'S RECONCILIATION OF TOTAL PROJECT COSTS, BUYER'S CLOSING STATEMENT AND GRANT AWARD AGREEMENT, AMONG ATLANTIC GULF COMMUNITIES CORPORATION, FLORIDA COMMUNITIES TRUST, THE CITY OF SEBASTIAN, AND INDIAN RIVER COUNTY, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWrl2-I; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager gave a brief background on the reduction from 56 to 34 lots, noting the January 31, 1997 closing date as the reason for calling a special meeting for Council to authorize the Mayor to execute. The Director of Community Development exhibited the subject lots on an overhead and the City Clerk read Resolution No. R-97-07 by title only. MOTION by Bames/Taracka I'I1 make a motion to approve Resolution No. R-97-07. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Being no further business, Mayor Cartwright adjourned the Special Meeting at 1:08 p.m. Approved at the ,1996, Regular City Council Meeting. Kathryn M. O'Halloran, CMC/AAE ity Clerk Louise R. Cartwfight Mayor i I i I i I i i oran ! ! ! ! I City Council Workshop January 22, 1997 Page Two 4. WORKSHOP ITEMS 97.051 A. Discuss Park Use Policy (City_ Manager Transmittal 1/16/97. City Documents and Other Municipalities' Codes) The City Manager reviewed documentation submitted to Council, said sale of goods seems to have been the most prevalent issue over the years, and noted that there is no clear policy by which requests for use of parks are justifiably brought to Council for approval. He said defined policies need to be established, limitations on use of the property set, approval methods decided upon, a formalized application form utilized and a determination made of which parks the rules in the City will apply to. Mrs. Damp suggested a check-off list application, and said she preferred no alcoholic beverages be allowed. Mr. Halloran said by leasing out use to individuals Council prevents other citizens fi.om using the parks, said he was hesitant to come with rules that don't get enforced, suggested applicants be responsible for costs of police, said he regularly sees dogs in parks and suggested alcoholic beverage use be banned from parks and deleted in the code. Mr. Taracka expressed concerns for the many times grant conditions were discussed in the past, inquired what conditions might be in place for Riverview Park by Department of Natural Resources. The City Clerk said an annual use report was submitted many years ago by a former Finance Director. Mr. Taracka discussed sale of handmade goods. Mayor Cartwright said that would apply to a craft sale but not to other types of events. The City Attorney cautioned about discriminating by limiting sale of handmade goods for one group and not others without a valid public health, safety and welfare reason. Mayor Cartwright recommended eliminating condition ~6 allowing sale of only handmade goods. The City Attorney said Council might want to look at special events permitting process. The City Manager explained that the temporary use permit had been used in the past, however, the City's temporary use policy is for use of private rather than public property. The City Attorney said the Clearwater code looked good. Mr. Taracka suggested adding language that park use is non-exclusive and inquired what the City considers "standard electricity conditions". The City Clerk said people are informed that use is non-exclusive and that something such as a coffee pot is considered standard electric use. '1 I I I I I i I I I I I i I I I I i City Council Workshop January 22, 1997 Page Three It was the consensus of Council to prohibit alcoholic beverages in parks with no provision for approval. Mayor Cartwright said parks should be open for the general enjoyment and benefit of all residents and events sponsored by either for profit or non-profit organizations. The City Manager said non-exclusive use needs to be clearly defined since certain events do use certain areas of the park exclusively for extended periods of time. Mayor Cartwright suggested a formalized application be submitted at least 60 or 90 days prior to use. Mr. Taracka suggested any groups of 25 and over be requested to obtain a permit. Mr. Barnes said he thought Council was to draft a policy for more administrative approval with Council overview at the request of the City Manager if the application was outside of parameters established by the City Council, discussed the differences in City parks, questioned the use of City properties for profit making, use of City workers to accommodate these uses and costs involved, and monthly use of Riverview Park by certain groups, suggested banning swimming at all public parks, requiring proper Health Department permits for food vendors, requiring penalty for violations and insurance. Mayor Cartwright recommended the rules apply to all parks, agreed with no swimming, said Health Department permits for food vendors is required, agreed with pre-booking of events such as Craf~ and Art Shows, agreed with penalties, and suggested a minimum $250 damage deposit. Other Council members agreed with a ban on swimming. TAPE I - SIDE II (6:44 p.m.) A minimum of $250 security was agreed upon. The City Manager said he would like to come back with a recommendation on the security, noting that certain uses might require more. Mayor Cartwright said she thought vendors were a plus to certain events. The City Attorney said for profit sales should be allowed only when in connection with some public purpose. Mi'. Barnes said the areas where vendors can park needs to better delineated. City Council Workshop January 22, 1997 Page Four Mayor Cartwright reiterated conditions discussed by Council as follows: 0-25 people no application or permit required 26 and over need to apply for any reason Minimum $250 security deposit with scale to brought back No alcoholic beverages in any park anytime with no provision for waiver No swimming in any park Handmade goods or manufactured goods are fine Vendors connected only to event Designated areas for placement of vendors Rules apply to all parks Non-exclusive use of parks (entire park not utilized at one time with exception of 4th of July) No animals allowed in parks Mr. Taracka asked if the property on the east side Barber Street north of Barber Street Sports Complex is a park. The City Manager said he would verify that it was. Discussion took place on use of City manpower and costs involved. The City Manager said this is another area that needs to be looked into and defined. Mr. Halloran said people holding the event should be responsible for police whether on or off duty. The City Manager said he preferred use of off-duty o~eers for events. Mr. Barnes reiterated the need for Health Department permits for food vendors. This was added to the list ofmles. The City Manager said staffwill take Council's recommendations and bring back language and a sample application. 5. Being no further business, Mayor Cartwright adjourned the Workshop at 6:55 p.m. Approved at the ,1996, Regular City Council Meeting. Louise R. Cartwright Mayor Kathryn M. 0'Halloran, CMC/AAE City Clerk I I I I I i I I I I I I I i i I I I ~ City tian 2. I ment ! ! ! I Regular City Council Meeting January 22, 1997 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR.DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-9 7-02) MOTION by Cartwright/Taracka I move that we move to add to the agenda the presentation of the awards for Trees are Terrific Art contest. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Hatloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 MOTION by Cartwright/I-Ialloran I move to move item O under New Business fight before the item D which is the first reading of Ordinance 97-03. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CAKRIED 5-0 Regular City Council Meeting January 22, 1997 Page Three 97.052 PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS Trees Are Terrific Art Contest Winners Mayor Cartwright presented awards to Category I winners, Michael Block, Vanessa Roe and Bethann Donini; Category II winners Jacqueline Moon, Mary Parson, and Kimberly Viela; Category III winners Lorien Creden, Melissa McGinn, and Chris Wollack; Category IV winners Morgan Bishop, Rudy Smith and Kate Leach. Ao Presentation of 95/96 Audit Report by Finance Director ffinance Director Transmittal 1/15/97, Report Previously Distributed) The Finance Director presented the 95/96 fiscal year financial statements. He noted this is the first clean audit in many years and introduced and commended staff.members Nancy Veldt, Vaunette Davis and Margie Poole. Tom Kirk of the audit firm Hoyman, Dobson and Co. addressed City Council. He distributed further comments to City Council. CITY ATTORNEY MATTERS The City Attorney said she had received "Florida Forms" on CD-ROM and was working with the City Manager to tailor some of the forms to create a form file for the City. CITY MANAGER MATTERS The City Manager said runway 4-22 is open, noted there was a minor dispute which will require a retesting; said the airport office has been located at the airport; said he will have a meeting with FAA Flight Standards relative to skydive activities to be attended by FBO's and other concerned parties on February 5, 1997; discussed city staff picking up debris along Airport Drive West which was left by a previous tenant; said he had asked the City Attorney to draft language restricting parking on airport fight-of-way; said the new sound system will be installed January 31, 1997; said the chair vote results have been tallied; and said he had distributed a draft franchise ordinance and a local officials guide to the Telecommunications Act. lc? Regular City Council Meeting January 22, 1997 Page Four 97.053 ELECTION MATTERS A. Mayor to Read Proclamation Calling March 11. 1997 General Election Mayor Cartwright read the proclamation calling the March 11, 1997 election. Adopt Resolution No. R-97-01 in Accordance with Charter 4.07 - Designating Polling Places_ Offices to be Filled and Ouestions to be Decided (City. Clerk Transmittal 1/2/97, R-97-0D RESOLUTION NO. R-97-01 A RESOLUTION OF THE~TY OF SEBASTIAN, INDIAN RIVER COUNTY, rLOamA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 11, 1997, FOR THE PURPOSE OF ELECTING THREE (3) CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING ONE REFERENDUM QUESTION ON VIle BALLOT; PROVmiNG FOR RE?E Or RESOLtrrlONS OR ?A VS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFrECTrVU DATE. The City Attorney read Resolution No. R-97-01 by title only. MOTION by Cartwright/I-Ialloran I move adoption of Resolution No. R-97-01. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 4 Regular City Council Meeting January 22, 1997 Page Five 10. Formal Reouest to Supervisor of Elections to Administer March 11.1997 Election (S~e Transmittal Above) MOTION by Cartwright/Barnes I move to request the Supervisor of Elections to administer the March 11, 1997 election. ROLL CALL: Mr. Taracka ~ aye Mrs. Cartwfight - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 D. Affirm Canvassing Board Appointments (See Transmittal Above) MOTION by Cartwright/I-talloran I move to affirm the canvassing board appointment as provided by the City Clerk. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 CONSENT AGENDA All items on the consent agenda are considered to be routine and wiil 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 - 1/8/97 Workshop, 1/8/97 Regular Meeting, 1/15/97 Special, 1/15/97 Workshop Regular City Council Meeting January 22, 1997 Page Six 97.054/ B. 96.151 Adopt Resolution No. R-97-05 - Falcon Cable Franchise Extension to March 19, 1997 (City Manager Transmittal 1/16/97, R-97-05) RESOLUTION NQ..R-97-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. 97.055 C. Adopt Resolution No. R-97-06 - Vacation of Easement - Bell - Lots 3 & 4, Block 83, Unit 2 Sebastian Highlands (City Clerk Transmittal 1/16/97, K-97-06, Application, Survey, Letters of No Objection, StaffReport) RESOLUTION NO. R-97-06 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EAST 5 FEET OF LOT 3 AND THE WEST 5 FEET OF LOT 4, BLOCK 83, SEBASTIAN HIGHLANDS UNIT 2, LESS THE NORTH 10 FEET THEREOF, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-34, 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. 97.056 D. Sebastian Extension Homemakers - Use of Electricity at Riverview Park - 3/12/97 - 9 am to 2 pm (City Clerk Transmittal 1/13/97, Letter 1/8/97) 97.057 E. Sebastian United Methodist Church - Use of Kiverview Park for Easter Sunrise Service - Bleacher Set Up and Electricity - 3/30/97 - 6:30 am to 7:30 am (City Clerk Transmittal 1/15/97, Rev. Harris Letter 1/15/97) The City Manager read the consent agenda and the City Attorney read Resolution Nos. R-97-05 and R-97-06 by title. Regular City Council Meeting January 22, 1997 Page Seven 11. 12. 13. MOTION by Taracka/Barnes I move to approve the Consent Agenda as read. ROLL CALL: Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cartwright MOTION CARRIED 5-0 PUBLIC IfEARING - None COMMITTEE; REPORTS/RECOMMENDATIONS None. OLD BUSINESS - None - aye - aye - aye - aye - aye 14. NEW BUSINESS 97.058/ 96.O49 Modification to Proposed Riverview. Park Observation Fishing Pier~ Authorize City Manager to Proceed with Request to FDEP for Approval Io Enlarge Terminal Platform - Appropriate $2,700 Additional from Undistributed Non-Departmental Funds (City Manager Transmittal 1/16/97. Letter. from Indian River Lagoon SWIM The City Manager explained the proposed modification to the observation pier. TAPE I - SIDE II (7:48 p.m.) MOTION by Halloran/Barnes I move to authorize the City staff.to proceed with a request to the Florida Department of Environmental Protection for approval to enlarge the terminal platform from I0 feet wide by 12 feet long to a platform 12 feet by 24 feet and to provide additional funding of $2,700 to be appropriated from the undistributed non-departmental account, which currently is in excess of $250,000. 7 Regular City Council Meeting January 22, 1997 Page Eight 97.059/ B. 96.057 ROLL CALL: Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cartwright Mr. Barnes - aye - aye - aye - aye MOTION CARRIED 5-0 Approve Request for Appeal of Site Plan Approved by Planning and ZoningRe: G-race's Landing and Schedule Public Hearing (Community Development Transmittal P & Z Minutes 1/2/97_ 20A-10A) The City Manager gave a brief explanation of the appeal and recommended February 5, 1997 as the public heating date. George Maloney, 997 Flamingo, Sebastian, spoke in favor of the appeal. The City Attorney recommended that the City Council not hear evidentiary evidence at this time since the public hearing will be quasi-judicial. MOTION by Cartwright/Halloran I move that we schedule the appeal of the Planning and Zoning decision for Grace's Landing for 6 pm on Wednesday, February 5. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwfight - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 Regular City Council Meeting January 22, 1997 Page Nine 97.060 C. 97.062/ O. 96.123 Planning and Zoning Commission Recommendation to Request City Council to Direct~ City Manager to Develop Plan of Action to Address Louisiana Avenue from Main Street to Pronosed Intersection with High Street and Palmetto Avenue (Community Devek}r~ment Director Transmittal 1/16/97. P &. Z Minutes 1/2/97. 20A- 10.2D.5.) The City Attorney cautioned against Council receiving information relating to the application for Grace's Landing until after the quasi-judicial hearing is conducted. Janet Cristofori, 1044 Palmetto Avenue, Sebastian, began to speak, however, the City Attorney again expressed concern and recommended that this item be tabled until such time as the appeal is heard. Mayor Cartwright recommended deferring action on this item until after the February 5, 1997 heating and so advised others signed to speak. There were no objections from City Council. Prooosed Lease for Use of City Building Located at Comer of U.S. 1 and Main Street by Sebastian Historical SocieW and Chamber of Commerce (No Backup) The City Manager had distributed a revised lease agreement to City Council prior to the meeting and briefly explained its conditions. Harry Thomas, Jr., 654 Balboa Street, Sebastian, objected to the proposed lease and suggested it be taken to referendum. Robert Pliska, 1590 DeWitt Lane, Sebastian, recommended putting the use of the building to a vote. Wally Kramer, Micco, commended the Sebastian Historical Society, however, expressed concern about the activities of the Chamber of Commerce and agreed to a vote. A1 Vilardi, Sebastian, 445 Georgia Boulevard, Sebastian, objected to the proposed lease. Tony Finazzio, 449 Georgia Boulevard, Sebastian, objected to the proposed lease. 9 . Regular City Council Meeting January 22, 1997 Page Ten Sal Neglia, 461 Georgia Boulevard, Sebastian, asked what would become of the old Chamber building, will the tenants maintain the grounds, will there be a charge for the museum, questioned the annual lease amount, and said the lessees should not be able to sublease. Martha Wininger, 106 Thunderbird Drive, Sebastian, agreed with a referendum and disagreed with use of tax dollars for a charitable organization. Bob Freeland, 733 Wentworth Street, Sebastian, discussed the reverter clause in the Chamber's current warranty deed and suggested the current building 1Se taken back if Council is inclined to approve the use. Chuck Neuberger, 357 Melrose Lane, Sebastian, said the value of 700 Main Street is $315,900 and recommended Council think twice before it acts on the lease. The City Manager said only the building and not the grounds will be leased, therefore grounds will be maintained by the City, said the electrical service will be on one meter, discussed the identified improvements and recommended if Council does not enter into the lease it get rid of the building. · Tut Connelly, 149 Kildare Drive, Sebastian, spoke against the lease citing "taxation without representation". He recommended that Mayor Cartwright and Mrs. Damp withdraw from the vote or the item be deferred until the City Attorney can review the matter. ' TAPE II - SIDE I (8:37 pm.) Michael Flout, Roseland, spoke on behalf of the Historical Society and the community service it provides. , Ed Moore, President, Chamber of Commerce, explained the Chamber s vision for the property as an information source for visitors and said he saw no conflict of interest. He said it was the Chambers intent to knock down walls and turn the old building into meeting rooms for them and other organizations. He said they intend to work to improve the building. Regular City Council Meeting January 22, 1997 Page Eleven Mrs. Damp said wherever she has lived there has been a Chamber and Historical Society. She says she has nothing to gain by voting on this issue. Mr. Halloran commended the Historical Society on its work for the City and said he was delighted to support the lease. Mr. Taracka inquired about maintenance of the Schumann property. The City Manager said the City would continue to maintain it. He said he had not received many calls of support for the lease. Mr. Barnes recommended a straw ballot on the matter and said he would be willing to go along with the wishes of the people. Mayor Cartwright gave a history of the presentation of this proposal in 1995 by the Sebastian River Historical Society. She said the majority of people she heard from were in support of the lease and it was her job to represent the majority. MOTION by Halloran/Cartwright I move to approve the proposed lease for the use of the City building located at the comer of US 1 and Main Street by the Sebastian Historical Society and Chamber of Commerce. ROLL CALL: Mr. Taracka - nay Mrs. Cartwfight - aye Mr. Barnes - nay Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 3-2 (Taracka, Barnes - nay) Mayor Cartwright called recess at 9:07 p.m. and reconvened the meeting at 9:20 p.m. All members were present. 11 Regular City Council Meeting January 22, 1997 Page Twelve 97.061 D. 97.013 E. FArst Reading of Ordinance No. O-97-03 - Unlawful to Repair Vehicles in Residential District Unless Re~stered to Property Owner or Resident - Schedule Second Reading. Public Heating and Final Adoption for. 2/12/97 (City Manager Transmittal 1/16/97, ORDINANCE NO. O-97-0:~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 98-36 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS OF WAY"; PROVIDING THAT IT IS UNLAWFUL TO PARK VEHICLES IN A RESIDENTIAL DISTRICT FOR THE PURPOSE OF MAINTENANCE OR REPAIR, UNLESS THE VEHICLE IS REGISTERED IN THE NAME OF THE OWNER AND/OR RESIDENT OF THE PROPERTY ON WHICH THE VEHICLE IS PARKED; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-03 by title only. MOTION by Barnes/Taracka I'll move to approve the first reading of Ordinance No. 0-97-03 and schedule second reading, public heating and final adoption for 2/12/97. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 First Reading of Ordinance No. 0-97-04 - Substituting Community Development Director for City Clerk and Building Official - Schedule Second Reading, Public Heating and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-04) 12 Regular City Council Meeting January 22, 1997 Page Thirteen ORDINANCE NO. 0-97-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE RELATING TO THE OFFICIAL ZONING MAP AND LAND USE CLASSIFICATIONS BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK AND BUILDING OFFICIAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-04 by title only. MOTION by Bames/Cartwright I'll move to approve the first reading of Ordinance 0-97-04 and schedule second reading, public heating and final adoption for 2/12/97. ROLL CALL: Mr. Barnes ~ aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 97.014 First Reading of Ordinance No. 0-97-05 - Special Use Permit Application Procedures - Schedule Second Reading, Public Heating and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-9%05) ORDINAN(~.E NO. O-97,05 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR SPECIAL USE PERMITS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-05 by title only. 13 ) Regular City Council Meeting January 22, 1997 Page Fourteen MOTION by Taracka/I-Ialloran I move to approve the first reading of Ordinance O-97-05, set the public hearing and second reading for February 12, 1997. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwdght - aye Mr. Barnes - aye MOTION CAKR.~D 5-0 97.015 First Reading of Ordinance No. O-97-06 - Excavation and Mining Regulations - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-06) ORDINANCE NQ, O~97-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REOARDING HEIOHT EXCEPTIONS, REGULATIONS FOR REQUIRED YARDS, EXCAVATION AND MININO - WATER MANAOEMENT STANDARDS, EXCAVATION AND MINING - DURATION AND COMPLETION OF PERMITS, EXCAVATION AND MININO - INSPECTION AND REVOCATION OF PERMITS SUBSTITUTINO COMMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL AND DIRECTOR OF PUBLIC WORKS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-06 by title only. Carolyn Corum, 881 Dolores Street, Sebastian, discussed littoral zones. The Director of Community Development said mining will be addressed in the future. 14 Regular City Council Meeting January 22, 1997 Page FiReen 97.016 H. MOTION by Halloran/Taracka I move to approve the first reading of Ordinance 0-97-06, and set the public hearing and second reading for February 12, 1997. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Canwfight - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 First Reading of Ordinance No. 0-97-07 - Rule for Location of Accessory Buildings - Schedule Second Reading, Public Heating and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-07) ORDINANCE NO. O-97-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE PROVIDING FOR AN EXCEPTION TO THE GENERAL RULE OF LOCATION FOR ACCESSORY BUILDINGS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR. SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-07 by title only. MOTION by Taracka/Halloran I move to approve the first reading of Ordinance 0-97-07, and set the public hearing and second reading for February 12, 1997. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 15 97.017 97.019 First Reading of Ordinance No. 0-97-08 - Walls and Fences in Commercial and Industrial Areas - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-08) ORDINANCE N0L Q-97-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING LIMITATIONS AND RESTRICTIONS FOR WALLS AND FENCES IN COMMERCIAL AND INDUSTRIAL AREAS BY PROVIDING FOR THE APPROVAL OF FENCES AND WALLS NOT EXCEEDING EIGHT FEET IN HEIGHT BY THE COMMUNITY DEVELOPMENT DIRECTOR AND PROVIDING FOR APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-08 by title only. MOTION by Barnes/Damp I move to approve the first reading of Ordinance O-97- 08 and schedule the second reading, public heaxing and final adoption for 2/12/97. ROLL CALL: Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cartwright - aye - aye - aye - aye MOTION CARRIED 5-0 First Reading of Ordinance No. O-97-10 - Moving of Structures - Substituting Titles and Land Development Code for Zoning Code - Schedule Second Reading, Public Hearing and Final AdoPtion for 2/12/97 (Community Development Transmittal 1/16/97, O-97-10) ORDINANCE NO. O-97-10 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING MOVING STRUCTURES BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK, BUILDING OFFICIAL AND CiTY ENGINEER, SUBSTITUTING LAND DEVELOPMENT CODE FOR ZONING CODE, AND AMENDING PROCEDURES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 16 Regular City Council Meeting January 22, 1997 Page Seventeen The City Attorney read Ordinance No. 0-97-10 by title only. MOTION by Taracka/Hailoran I move to approve the first reading of Ordinance O-97-10 and set the public hearing and second reading for February 12, 1997. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Camvdght - aye Mr. Barnes - aye MO~ONCARRIED5-0 97.020 First Reading of Ordinance No. 0-97-11 - Excavation and Mining Procedures - Schedule Second Reading, Public Heating and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-11) ORDINANCE NO. O-97-1 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING LAND EXCAVATION AND FILL, EXCAVATION AND MINING - EXCEPTIONS, EXCAVATION AND MINING - MINING PERMIT REGULATIONS, EXCAVATION AND MINING - APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-11 by title only. Carolyn Corem, 881 Dolores Street, Sebastian, discussed the need for dust control. The Director of Community Development responded that it may be difficult to regulate the method within the ordinance. He explained that special use permit procedures will be followed for sandmining permits and that Planning and Zoning and Council review are not eliminated. Mrs. Damp noted a typo on page 136, which the Director of Community Development will correct. 17 Regular City Council Meeting January 22, 1997 Page Eighteen 97.023 L. MOTION by Bames/Halloran I'll move to approve the first reading of Ordinance O-9% 11 and schedule the second reading, public hearing and final adoption for 2/12/97. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 First Reading of Ordinance No. 0-97-14 - Structural Alterations to Nonconformities and Noncompliances - Schedule Second Reading, Public Heating and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, O-97-14) ORDINANCE NO. O-97-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO STRUCTURAL ALTERATIONS TO NONCONFORMITIES OR NONCOMPLIANCES; SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL; PROVIDING FOR CODIFICATION; PKOVIDING FOR CONFLICTS; PROVIDING FOK SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O~97-14 by title only. MOTION by Halloran/Bames I move to approve the first reading of Ordinance O-97-14 and set the public hearing and second reading for February 12, 1997. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 18 Regular City Council Meeting January 22, 1997 Page Nineteen 97.024 M. First Reading of Ordinance No. 0-97-15 - Landscape Regulations - Substituting Titles - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-15) ~RDI~..ANCE NO 0-97-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATED TO TREES WITHIN REQUIRED LANDSCAPE STRIP, LOCATION OF LANDSCAPE STRIP, INTERIOR LANDSCAPING REQUIREMENTS, REQUIRED LANDSCAPE PLAN SUBMITTAL, MAINTENANCE REQUIREMENTS INCLUDING IRRIGATION, VARIANCES; SUBSTITUTING THE COMMUNITY DEVELOPMENT DIRECTOR FOR THE BUILDING OFFICIAL, CITY ENGINEER, AND CITY CLERK; SUBSTITUTING THE PLANNING AND ZONING COMMISSION FOR THE CITY COUNCIL; SUBSTITUTING THE STAFF FOR THE URBAN FORESTER; CORRECTING THE TITLE OF THE BOARD OF ADJUSTMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-15 by title only. The City Manager suggested that this ordinance be deferred until it is seen by the Advisory Board. MOTION by Cartwright/I-Ialloran I move to remove it from tonight's agenda. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 19 Regular City Council Meeting January 22, 1997 Page Twenty 97.025 N. 15. First Reading of Ordinance No. O-97-16 - COR District Utility Storage Area Requirement for Carport or Similar Unenclosed Vehicle Storage Structure - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, O-97-16) ORDINA.NCENOL 0-9% 16 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING COMMERCIAL OFFICE RESIDENTIAL DISTRICT; AMENDING THE UTILITY STORAGE AREA REQUIREMENT FOR A CARPORT OR SIMILAR UNENCLOSED VEHICLE STORAGE STRUCTURE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS', PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No, 0-97-16 by title only. MOTION by Taracka/Cartwright I move to approve the first reading of Ordinance O-97-16 and set the public hearing and second reading for February 12, 1997. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwfight - aye MOTION CARRIED 5-0 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit of ten minutes for each speaker Michele Egon-Byron, I 168 Croquet Lane, Sebastian, TAPE 11 - SiDE II (9:45 p.m.) 20 Regular City Council Meeting January 22, 1997 Page Twenty One 16. 17. read a statement regarding a police investigation involving she and her son and expressed disapproval for the way it was handled. CITY COUNCIL MATTERS None. B. Mrs~ Norma Damp MrLRa_vmond Halloran Mr. Halloran commended the current City Council on its dignity in its dealings, said he hoped Council pay remains as is, and said he will not seek re-election. C. Mr. Ri.chard Taracka Mr. Taracka commended Police who were involved in an ocean rescue at Sebastian Inlet. D. Mayor Louise Cartwright Mayor Cartwright commended the City Clerk for preparation of election documents. E. Vice Ma~vor Walter Barnes Mr, Barnes gave results of vote tallies by this Council and said this Council works to take care of business. Being no further business, Mayor Cartwright adjourned the regular meeting at 9:55 p.m. 21 I City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 MINUTES SEBASTIAN CiTY COUNCIL SPECIAL MEETING FRIDAY, JANUARY 31, 1997 - 5:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Cartwright called the Special Meeting to order at 5:00 p.m. The Pledge of Allegiance was recited. Ci_ty Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli Deputy City Clerk, Sally Maio Special City Council Meeting January 31, 1997 Page Two 97.064 SPECIAL MEETING ITEMS Mayor Cartwright requested that the order of business be reversed to allow Indian River County Utilities Director, Terry Pinto to address City Council and noted public input can be allowed by majority vote. MOTION by Bames/Taraeka I'll make a motion to allow public input at this meeting. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 Update on Indian River Coun~ Master Plan for Water Service Within the Terry Pinto discussed the Indian River County/City of Sebastian agreement whereby the County is obligated to provide water and wastewater facilities to the Sebastian Highlands ia 18 month intervals, noting Phase I is under construction, Phase II is under design and Phase III is in preliminary design. He said the agreement requires utilities on "demand and command" which means that when demand for capacity occurs, even if already scheduled in the master plan, it can be moved ahead, and the command part being areas, other than those proposed in the three phases, are expanded by "command" of the Sebastian City Council to Indian River County when the need occurs for expansion. He said there is no mandatopy connection to the water system, that wastewater is on a petition basis only, and there was no date established to complete the Main Street line, noting it was currently not necessary to build the line at this time. Mr. Pinto reiterated that the timetable for the rest of the incorporated areas to have water expansion is strictly at the request of the City. The City Manager said there are few areas that are not included in the phases. Mr. Pinto said any of the phases can be expanded to include any of those areas if Council wishes. 2 Special City Council Meeting January 31, 1997 Page Three 97.064/ 97.059 The City Manager asked if the Main Street line will be constructed at the same time as Phase II. Mr. Pinto said he would look into it, noting main mink lines are funded by impact fee Adopt Resolution No. R,-97-09 - Supporting Indian River County Waterline Extension on Louisiana Avenue Between Fellsmere Road and Main Street (City Manager_Transmittal 1/30/97LK-97~0- 9. CLUPA2)~ective ~.: 1.1.0-95-25. Map) The City Clerk read Resolution No. R-97-09 by title only. The City Manager briefly reviewed previous Council action on Grace's Landing noting he had found no official position from Council on the proposed waterline. He said if he is to represent the City Council at the Indian River County assessment heating on February 4, 1997 he would need direction and had prepared the resolution to that effect. He went on to note that this particular assessment is lower than others. George Metcalf, Pine Street, Sebastian, represented VFW membership, expressed concern for the VFW assessment and where funding would come fi.om. He also questioned the tree location of Louisiana Avenue. Mr. Pinto explained the ten year payment program. Fred Anderson, 1001 Foster Rd., Sebastian, said he knew of only one property owner on Louisiana that wants this waterline and questioned its necessity. Mr. Taracka said he spoke to twelve people on Louisiana, eleven of whom want the water due to poor quality of current water. Horace Scully (?), 777 Albatross Terrace, Sebastian, representative for American Legion, inquired where the water line will nm between the VFW and American Legion and expressed concern for the assessment cost. Carole Phelps, 1102 Louisiana Avenue, Sebastian, said numerous Louisiana Avenue property owners have told her they are not in favor of the waterline expansion. Fred Anderson asked if they could obtain a copy of Mr. Taracka's list. The City Manager said no one wants an assessment, hmvever, the city cannot continue to exist on wells and septic tanks. He also noted that them will be a reduction in insurance rates. Special City Council Meeting January 31, 1997 Page Four MOTION by Damp/Taracka I move for adopting Resolution No. R-97.09 and authorize the City Manager to appear on behalf of the City Council at the County Commission meeting on February the 4th, 1997, supporting the Indian River County waterline extension on Louisiana Avenue between Fellsmere 512 and Main Street TAPE I - SIDE II (5:45 p.m.) ROLL CALL: Mr. Halloran Mr. Taraeka Mrs. Cartwright Mr. Barnes Mrs. Damp aye aye MOTION CARRIED 5-0 5. Mayor Cartwright adjourned the Special Meeting at 5:50 p.m. Approved at the ,1997, Regular City Council Meeting. Louise R. Cartwright Mayor Kaflat3m M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 ~'ELEPHONE 156~1 5a9-5330 [] FAX (56~1 5ag~SSZ0 AGENDA TRANSMITTAL SUBJECT: FY97/98 Budget Calendar A~enda No. Date Submitted: 01/31/97 Approved For Submittal By City Manager For A~enda of: 02/12/97 Exhibits: FY97/98 Budget Calendar EXPEND I TURE AMOUNT REQUIRED: $ 0 BUDGETED: $ 0 APPROPRIATION REQUIRED: $0 SUMMARY STATEMENT The City has developed the tentative Fiscal Year 1997/1998 Budget Calendar containing proposed dates to meet the Florida Truth In Millage (TRIM) requirements. RECOMMENDED ACTION Recommend the Council approve the Fiscal Year 1997/1998 Budget Calendar. DATE February 12 February 14 March 28 April 14-18 April 21-25 May 30 June 9-13 July 1 July 14 July 21 July 22 July 25 August 15 September 10 September 20 September 24 September 26 er 1 FISCAL 1997-1998 BUDGET CALENDAR DAY Wednesday Friday Friday Men - Fri Men - Fri Friday Men - Fri Tuesday Monday Monday Tuesday Friday Friday Wednesday Saturday Wednesday Friday Wednesday EVENT Regular City Council Meeting Adopt Budget Calendar Finance distributes Capital Improvement Program instructions to Departments Dept. Heads submit Capital Improvement Requests to City Manager Dept Head/C.M./F.D. CiP Budget Hearings FY97 Mid-Year Operating Budget Review Dept. Heads Present Operating Budget Requests to City Manager Dept Head/C.M./F.D. FY98 Operating Budget Hearings County Property Appraiser Certifies Taxable Value within Jurisdiction of the City City Manager FOrwards Draft of 1997-1998 Budget to Mayor and Council City Council Workshop of Proposed Budget City Council Workshop (if required) City ManagerAdvises Property Appraiser of: a) Proposed Millage Rate b) Current Year Rolled-Back rate and c) Day, Time & Place of First Public Hearing City Manager Forwards Tentative Budget to City Council First Public Hearing - Budget. Council adopts Preliminary Millage Rate and approves 1'~ Reading of Budget Ordinance Advertise Budget Summary, Millage Rate and Notice of Final Public Hearing in Newspaper Final Public Hearing - Budget. Adopt Millage Rate Resolution and Budget Ordinance Finance Director Forwards Copies of Resolution Adopting Millage Rate and Budget Ordinance to Property Appraiser, Tax Collector & Dept. of Revenue New Budget Goes into Effect City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 AGENDA FORM ..] Date 8ubmi~ed: ~anua~ 28, ~7 ] ForAgenda Of: Febma~ a2, aSS2 APPROVED FOR SUBMI~AL BY: 1 . ~] City Manager.~~-J'~ ~ Exhibits: Letterof Request I EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT The Sebastian Lion's Club is requesting permission from City Council to utilize River'view Park for a Steak Dinner on Apdl 5, 1997 from 12:00 PM to 7:00 PM. They are also requesting the use of electricity at this event. Unless otherwise stipulated by City Council, the following are established rules for the use of Riverview Park: 1. $100.00 secudty deposit. 2. No vehicles in the park. 3. Applicant to provide sufficient waste receptacles and clean up after event. 4. No alcoholic beverages are permitted within the park. 5. All displays must be clear of the sidewalks and entrance ways. 6. Any goods for sale must be handmade by members of the organization. 7. Applicant must contact and receive approval from the Health Department regarding the sale of food. RECOMMENDED ACTION Move to approve the request from the Lion's Club. SEB~~ LION CLUB P.O. Box 219 Roseland, Horida 32957 To: ~rom; City of Sebastian Sebastian Lions Club Subject: Use of Riverview Park on April $1997 The Sebastian Lio,~ Club will be holding its semi- annual Steak Cookout on April 5, 1997, and request the use of the Pavillion at the East end of Riverview park. We will be cooking .~teak dinners for approximately 150 people and will need to reserve the pavillion from noon to 7pm that day. Extra electric hookup is requested to handle lights, coffee pots and other mall appliances. Co~t of the tickets to the cookout will bo $9.00, with proceeds from this Steak Cookout going towards donations to various Lions charitable proof, tins, and to help pay for the cost of Lions support for local eyi~ care cases in the city of Sebastian. The Lions Club appreciates the continued support that it receives from the City of Sebatian in letting us use the park for our charitable fund raisin8 activities. Edward I-L Moore Jr. Treasurer Sebastian Lious Club January 27, 1997 City of Sebastian I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 cl FAX (561) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Ordinance No. 0-97-03 Unlawful to Repair Vehicles in Residential Districts AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: MEETING DATE: APPROVED FOR SUBMITTAL: EXHIBITS: City_ Clerk~. :~/12/97 0-97-03 Expenditure Required: IAmou'nt Budgeted: IAppropriation Required: SUMMARY STATEMENT Ordinance No. 0-97-03 had a first reading on January 22, 1997 and is presented for second reading, public heating and final adoption. RECOMMENDED ACTION Conduct public hearing and adopt Ordinance No. 0-97-03. ORDINANCE NO. 0-97-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 98-36 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS OF WAY"; PROVIDING THAT IT IS UNLAWFUL TO PARK VEHICLES IN A RESIDENTIAL DISTRICT FOR THE PURPOSE OF MAINTENANCE OR REPAIR, UNLESS THE VEHICLE IS REGISTERED IN THE NAME OF THE OWNER AND/OR RESIDENT OF THE PROPERTY ON WHICH THE VEHICLE IS PARKED; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has expressed concern that a number of vehicles are being repaired for profit in residential neighborhoods without the requisite licenses and/or approvals; and WHEREAS, the City Council desires to outlaw the repair of vehicles in residential neighborhoods, unless said activity, involves a vehicle owned by the resident of the property on which the vehicle is being repaired. NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of Sebastian, Florida, as follows: Section 1: Section 98.36 of the Code is .hereby amended by adding a new subsection which reads as follows: Sec. 98.36(f) A motor vehicle otherwise lawfully pa~ked in a residential district shall not be d~smantled for tho purpose of m~intenance~ service, or r~pa~ unle~m ~_ehicle is registered in the name of the owner and/or resident of the property om which the vehicle ~s parked, Section 3: If any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. .I I I I I I I I i I I I I I I I I I Section 4: This ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. Section $: This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this ordinance duly passed and adopted this day of , 199~. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Louise R. Cartwright, Mayor Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie F. Settles, City Attorney City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-$330 [] FAX (407) 589-5570 SUBJECT: Ordinance No. 0-97-4 Approval for submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: Dept. Origin: Community Dev. ~-- Date Submitted: For agenda Of: Exhibits: 1. Ordinance 0-97-4 2~6~97 2/1,,2/97 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT This ordinance amends Section 20A-2.2. B. and 20A-2.5. by substituting Community Development Director for Building Official. The staff recommends that the effective date be changed to July 1, 1997, in order to allow for the adoption of all of the ordinances which have been prepared to corrected the procedural problems of the Land Development Code. The attached ordinance reflect that change. RECOMMENDED ACTION Hold a public hearing and approve Ordinance 0-97-4. ORDINANCE NO. O-97-4 AN ORDINANCE OF THE CITY OF SEBASTIAaN, INDIAN RIVER COUNTY, FLORIDA, AMENDING TItE LAND DEVELOPMENT CODE RELATING TO THE OFHCIAL ZONIiNG MAP AND LAND USE CLASSIFICATIONS BY SUBSTITUTING COMMIJNrrY DEVELOPMlgNT DlliECTOR FOR CITY CLERK AND BUILDING OFFICIAL; PROVIDING FOR CODIFICATION; PROVIDING ]FOR CONFLICTS; PROVIDING FOR SEVERABIIXrY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to the official zoning map and land use dassiflcations by substituting Community Development Director for City Clerk and Building Oflidal; and WttEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE 1T ORDAINED BY TItE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-2.2.B. of the Land Development Code, City of Sebastian, Florida is hereby mended to read as follows: Section 20A-2.2. Official zoning map and district boundaries. B. Map amendment. No changes or amendments to the official zoning map shall be made except in compliance and conformity with all procedures set forth in this code. If changes or amendments are made to district boundaries or other subject matter portrayed on the official zoning map, such changes or amendments shall be made promptly alter official adoption of the change or Ldc97-4 1 I I I I i I I i i i i I I I I I I I I amendment as provided for herein. The ~CommuniW Development Director shall be responsible for the physical updating and amendment of the official zoning map. Section 2. Section 20A-2.5.D. of the Land Development Code, City of Sebastian, Florida is hereby mended to read as follows: Section 20A-2.5. Land use classifications. 3. Manufacturing activities, including assembly and distribution of goods, maintenance, repair, reconditioning, cleaning, transportation, utilities, printing, cooking, fruit and vegetable packing and/or processing, general packag/ng and processing activities, testing and research and development industries, ice plants, commercial laundries, stone shops, machine shops, agricultural research laboratories, vocational and trade schools, and accessory uses. Other manufacturing uses approved by the eivpCommunit~ Development Directorbui!ding cfficiat based on similarity of use, excluding metal fabrication, chemical or petroleum manufacturing, rubber or plastics manufacturing, or other use generating potentially harmful nuisance impacts such as noise, vibration, glare, dust, explosive or fire hazard, offensive odors beyond the property line or causing air or water pollution in violation of performance standards contained herein or in violation of applicable state or federal standards; and based Ldc97-4 on absence of any characteristic dissimilar and incompatible with the uses identified herein. Truck or bus terminal faciBties, including motor freight transportation, and moving and storage facilities. Manufacturing service establishments, such as heavy machinery repair and service; heavy machinery or heavy equipment rental or other service uses approved by the ~ormnunity Development Director ...... n~ cffici~ based on similarity of use, excluding services which may generate potentially hmmful nuisance impacts; and based on absence of any characteristic dissimilar and incompatible with the uses identified herein. Section ~3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section 4. CONFLICT. All other Ordinances or parrs of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. SEVERABIIJTY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be i I I I I I I Ldc974 I I considered as eliminated, in no way affecting the validity of the remaining portions or applications, wh/ch shall remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, FLORID& ON FIRST READING, THIS DAY OF , 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, TH/S ~ DAY OF ,1997. The foregoing Ordinance was moved for adoption by The motion was seconded by of FLOK[DA Councilmember Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this __ day CITY OF SEBASTIAN, ,1997. By: Louise R. Cartwfight, Mayor Ldc97-4 4 ATTEST: Kathryn M. O~alloran, CMC/AAE (Se<) Approved as to Form and Content: Valerie Settles City Attorney Ldc974 City of Sebastian 1225 MAIN STREET [] SFBASTIAN, FLOEIDA 329,58 TELEPHONE (407) 589-5330 [] FAX (407) ,589-5570 SUBJECT: Ordinance No. 0-97-5 Approval for Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: ~¢ (~)/(f , Dept. Origin: Community Dev. Date Submitted: For agenda Of :~ Exhibits: 1. Ordinance 0-97-5 2/6197 2/12/97 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT This ordinance amends Section 20A-2.6., amending the procedures for consideration of applications for Special Use Permits. The staff recommends that the effective date be changed to July 1, 1997, in order to allow for the adoption of all of the ordinances which have been prepared to corrected the procedural problems of the Land Development Code. The attached ordinance reflect that change. RECOMMENDED ACTION Hold a public hearing and approve Ordinance O-97-5. ORDINANCE NO. 0-9%5 AN ORDINANCE OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR SPECIAL USE PERMITS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WItEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures for consideration of applications for special use permits; and WItEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-2.6. of thc Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: A. Jurisdiction. Notwithstanding any provisions of this article, the city council may, in its sole discretion, grant a special use permit in any district for a use which is not provided for in the zoning regulations. AIl such uses shall not be othervfise illegal, shall not be specifically prohibited pursuant to the comprehensive plan or other applicable law or regulations, and shall satisfy the following findings of fact by the city council. B. Procedures. Ldc97-5 1 Ldc97-5 Application for approval of a special use permit is filed with the Community Development Department on a form prescribed .by the Community Development Director. Fifteen copies of the application and all supporting information shall be included. The Community Development Director shall distribute the application and supporting information to the appropriate staff for review and comment. The staff can include outside agencies. The Community Development Director shall summarize the staff's comments and make a recommendation to the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing pursuant to section 20A-11.7 and shall indicate whether, .in their opinio, o, the proposed use meets the required findings, of facts set forth in Section 20A-2.6.C. and shall make a recommendation to the City_ Council to approve, approv..e..with condition, or deny. the application for .a special use permit. The Ciw Council shall hold a public hearing with due notice pursuant to section 20A-11.7. B.y resolution of the Citv_.Council, a special permit may be ~anted, upon a finding that the requirements of Section 20A-2.6.C. are met. If the application for a special use permit is denied, the City Council shall state the reasons for denial. Ldc97-5 Required findings of fact. The city council shall not grant any special use permit under this section unless it shall make findings based upon the evidence presented that: 1. The granting of the special use permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located; and 2. The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district. 3. The re. quested use is consistent with t. he Comprehensive .Plan and the Code of Ordinances. Conditions. In granting special use permits under this section, the city council may require such conditions as will, in its judgment, substantially secure the objectives and intent of the zoning regulations and other components of the city's land development controls Fees and costs. There shEl be ~ application fee for a speci~ use pe~t under The mount of the fee sh~l be dete~ned by resolution of the ~e applic~t sh~l bear the expense of ~ng the required this section. city council. notices. Section 2. CODIFICATiON. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City. of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relertered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Ldc97-5 4 Section 3. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or pans of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. SEVERABII,rrY. If any clause, section, or other paxt or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS __ DAY OF ,1997. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember of and, upon being put to a vote, the vote was as follows: Mayor Louise 1~ Canwri~t Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this __ day ,1997. Ldc97-5 FLORIDA By: ATTEST: Kathryn M. O~Ialloran, CMC/AAE Approved as to Form and Content: Valerie Settles City Attorney Ldc97-5 CITY OF SEBASTIAN, Louise R. Canwfight, Mayor City o£ Sebasdaz~ ]225 MAiN .STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX [407)589-5570 SUBJECT: Ordinance No. O-97-6 Approval for Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: Dept. Origin: Community Dey~ (~'~%'~ Date Submitted: For agenda Of :~ Exhibits: 1. 2~6~97 2/12/97 Ordinance 0-97-6 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT This ordinance amends Sections 20A-5.1., 20A-5.5.A, 20A-5.17.A., 20A-5.29., 20A- 5.36. and 20A-5.37 substituting the Community Development Director for the building official, and Community Development Department for building department. The staff recommends that the effective date be changed to July 1, 1997, in order to allow for the adoption of all of the ordinances which have been prepared to corrected the procedural problems of the Land Development Code. The attached ordinance reflect that change. RECOMMENDED ACTION Hold a public hearing and approve Ordinance 0-97-6. Draft 02/06/97 ORDINANCE NO. 0-97~6 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING iZEIGHT EXCEPTIONS, REGULATIONS FOR REQUIRED YARDS, EXCAVATION AND MIN1NG WATER MANAGEMENT STANDARDS, EXCAVATION AND MiNING - DURATION AND COMPLETION OF PERMITS, EXCAVATION AND MINING - INSPECTION AND REVOCATION OF PERMITS SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL AND DIRECTOR OF PUBLIC WORKS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIi,ITY; AND PROVIDING FOR AN EFFECTIVE DATE. Wl~~, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures regarding height exceptions, regulations for requked yards, excavation and mining - water management standards, excavation and mining - duration and completion of permits, excavation and mining - inspection and revocation of permits; and WltERF_AS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW TItEREFORE, BE 1T ORDAINED BY THlg CTFY COUNCIL OF TItE CITY OF SEBASTIAN, FLORIDA, TItAT: Section 1. Section 20A-5.1. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A~5.1. Height exceptions. Ldc97.-6 I I i I I I i I I I I I I I I I I I Draft 02/06/97 Chimneys and radio and television antennas, may exceed height limitations upon the prior approval of the Community Development Director~ and the city engineer based on the compliance with all other applicable technical codes ..... Section 2. Section 20A-5.5.A. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: A. Purpose, use and maintenance of yards. The purpose of yards required in this chapter is to provide open space around and between structures for health, safety and aesthetic purposes. All required yards and landscaped areas where not used for parking, driveways, sidewalks or other approved structures shall be planted and maintained in lawn, sod or landscaping including flower beds, shrubs, hedges or other generally accepted landscaping material approved by the CommuniW Development Directorbu:3~:~ng c~fficial. Landscaping material, including trees, shall not obstruct the vision of the motoring public. The landscape requirements of Article X'III shall further regulate development within all zoning districts, excepting single-family zoned districts. Section 3. Section 20A-5.17.A~ of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: A. No land fill or excavation which redirects or increases offsite natural drainage or runoff of water from a site shall be undertaken without the prior written approval of the city engineer and the Communiw Development Directord~rectcr Ac ~,,~,~: ...... ~,~ Section 4. Section 20A-5.29. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Ldc97-6 2 Draft 02/06/97 , Sec. 20A-5.29. Excavation and mining - Water management standards. (c) The established littoral zone shall consist o£ native vegetation, and shall be maintained permanently as part of the water body. All landscaping, littoral zone vegetation plans and lake management plans shall comply with the St. Johns River Water Management District rules and shall be subject to approval by the city CommuniW Develor~ment ' ,,,.;~.~:~ _ D~rector ........ ~ ...... al. (g) The water management system, including swales, interconnected wetlands, and lakes, must be specifically designed to inhibit siltation and the eutrophication processes. To ensure this, the applicant must submit an environmental management and lake monitoring plan, which meets with the approval of the city CommuniW Development Directorba~tit~g~ffi~ial, specifying the method for monitoring the system and corrective action should eutrophication and/or siltation occur. Section 5. Section 20A-5.36. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-5.36. Same - Duration and completion of permits. (b) For ail permitted projects, a record drawing by a surveyor or engineer registered in the State of Florida shall be provided to the CommunitX 1.,,,11~4;~ ~4 ~ ~,.~. Development Department ....... ~ ,~,.v,~,mem at the completion of the Ldc97-6 3 Draft 02/06/97 permitted project. The record drawing shall contain sufficient information to indicate that all of the requirements of this code have been met, and shall include cross-sections of the excavation and a plan drawing which locates the extent of the excavation with dimensions to all property lines. Section 6. Section 20A-5.37. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-5.37. Same - Inspection and revocation of permits. (a) The city shall not be denied the right to enter the project site for inspection at any time during the permit period. (b) Upon the finding of noncompliance with any provision of this Land Development Code, the c4w-Communi~...Development Directorbuitdiag offaeiat shall notify the permit holder in writing of the noncompliance. Unless an immediate safety hazard exists, the permit-tee shall be given five (5) working days to correct the violation, after which time the permit shall be suspended if the violation is not corrected. (c) In cases where a violation of a section of this Land Development Code poses an immediate threat to life and property, as determined by the c-4t-y CommunltW Development Directorbuitdia~, the permit shall be suspended and the permittee shall be immediately notified of the suspension and of his duty to begin immediate mitigation and correction of the hazard. If such mitigation and correction does not progress to the satisfaction of Ldc97-6 4 Draft 02/06/97 the Community Development Directorb'aitdie, g-o-ff~, the city shall have the right to make all necessary corrections at the applicant's expense. Section 7. CODII*ICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. SectionS: CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section9. SEVERABiLITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 10. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS __ DAY OF ,1997. Ldc97-6 5 Draft 02/06/97 The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwri~t Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilrnember Raymond Halloran Councilmember Richard J. Taracka i The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ....... , 1997. I CITY OF SEBASTIAN, FLORDA By: Louise R. Cartwright, Mayor ATTEST: KathiTn M. O'Halloran, CMC/AAE (Seal) Ldc97-45 6 Draft 02/06/97 Approved as to Form and Content: Valerie Settles City Attorney Ldc97-6 · I i I I I I I I I I I I I I I I I I I City of Sebastian SUBJECT: Ordinance No. O-97-7 Approval for Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: 9~- ~/~ Dept. Origin: Community Dev. Date Submitted: For agenda Of: Exhibits: 1. Ordinance 0-97-7 2~6~97 2/12/97 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT This Ordinance amends Section 20A-5.7.C.1. by providing for the exception granted in section 20A-5.5. D. This is for internal consistency. The staff recommends that the effective date be changed to July 1, 1997, in order to allow for the adoption of all of the ordinances which have been prepared to corrected the procedural problems of the Land Development Code. The attached ordinance reflect that change. RECOMMENDED ACTION Hold a public hearing and approve Ordinance 0-97-7. Draft 02/06/97 . ORDINANCE NO. 0--97-7 AN ORDiNANCE OF Tl~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE PROVIDING FOR AN EXCEPTION TO THE GENERAL RULE OF LOCATION FOR ACCESSORY BUILDINGS; PROVIDING FOR CODIFICATION; PROVIDiNG FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code providing for an exception to the general mle of location of accessory buildings; and WltEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF ~ CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-5.7.C.1. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: 1. General rule of location. No accessory building or structure shall be located in any required yard (setback), except as. provided for in section 20A-5.5.D Furthermore, no detached accessory building or structure shall emend beyond the front building line of the principle structure that is located on the same real estate parcel or lot. Section 2. COD[F][CATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a drt of the Land Development Code of the City of Sebastian, Florida, and that the sections of c97-7 I Draft 02/06/97 this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section3. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section4. SEVERABIL1TY. ff' any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5, EFFECTIVE DATE. TNs Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FI1LST READING, Tills DAY OF ~ 1997. PASSED AND ADOPTED BY TIlE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS The foregoing Ldc97-7 DAY OF ,1997. Ordinance was moved for adoption The motion was seconded by Councilmember by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Camvfight Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Draft 02/06/97 Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of 1997. CITY OF SEBASTIAN, FLORIDA By: Louise R. Cartwfight, Mayor ATYEST: Kathryn M. O*clalloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie Settles Ldc97-7 I I I I i I I I I i I I I I I I I i i I' I , I City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 329,58 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Ordinance No. O-97-8 Approval for Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: Dept. Origin: Community Dev. Date Submitted :~2!6/97 For agenda Of: 2/12/97 Exhibits: 1. Ordinance O-97-8 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT This ordinance amends Section 20A-5.9. D. by providing for the approval of fences up to eight feet in height by the Community Development Director. The staff recommends that the effective date be changed to July 1, 1997, in order to allow for the adoption of all of the ordinances which have been prepared to corrected the procedural problems of the Land Development Code. The attached ordinance reflect that change. RECOMMENDED ACTION Hold a public hearing and approve Ordinance 0~97-8. Draft 02/06/97 ORDINANCE NO. 0-9%8 AN ORDINANCE OF ~ C1TY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ~ LAND DEVELOPM~ENT CODE REGARDING PROCEDURES REGARDING LEVI1TATiONS AND RESTRICTIONS FOR WALLS AND FENCES IN COMMERCIAL AND INDUSTRIAL AREAS BY PROVIDING FOR TItE APPROVAL OF FENCES AND WALLS NOT EXCEEDING EIGHT FEET IN ItEiGItT BY TII3E COMMUNITY DEVELOPMENT DIRECTOR AND PROVIDING FOR APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WItEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures regarding limitations and restrictions for walls and fences in commercial and industrial areas by providing for the approval of fences and walls not exceeding in eight feet in height by the Community Developmem Director and providing for appeals; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY TIlE crrY COUNCIL OF ~ CITY OF SEBASTIAN, FLORIDA, TItAT: Section 1. Section 20A-5.9.D of the Land Development Code, City of Sebastian, Florida is hereby mended to read as follows: D. Commercial and industrial limitations and restrictions. 1. All commercial and industrial zoned properties that are being utilized for residential purposes shall comply with the requirement set forth in section 20A-5.9.C. Ldc97-8 1 Draft 02/06/97 2. General rule. Fences and walls not exceeding eight (8) feet in height may be permitted with the approval of ~'~ ~""; .... ~ · ~;oo;~. .... 1-' ....... ~ .... ZOPdllg ............. ~t.~: ........ ~,h~ Communitw Development ' ~...:~a:.~ ~m_: ..... }, ............ . _ Dtrector ........~ ......at. All fences and walls exceeding eight (8) feet in height must be approved by the planning and zoning commission. The action of the Community Development Director may be appealed to the Plannin. g and Zoning Commission. Such appeal shall be filed with the Community Development Department within ten working~ays after the action of the CommuniW Development Director. The request for the appeal shall include information concerning the disputed issues in the Community_ Development Director' s actions. Section 2. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. SectionS. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be Ldc97-8 ~ Draft 02/06/97 considered as eliminated, in no way affecting the validity of the rema/ning portions or applications, which shall remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY ~ CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLOK1DA, ON SECOND AND FINAL READING, THIS __ DAY OF . ,1997. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Canwright Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ,1997. CITY OF SEBASTIAN, FLORIDA By: Louise R. Cartwright, Mayor Ldc97-8 Draft 02/06/97 ATTEST: Kathryn M. O~Ialloran, CMC/AAE (Seal) Approved as to Form and Coment: Valerie Settles City Attomey Ldc97-8 City of Sebastian ]225 MAIN STREET [] SEBASTIAN, FLOI~IDA 32958 TELEPHONE [407)589-5330 rq FAX (407) 58%5570 SUBJECT: Ordinance No. O-97-10 Approval for Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: ~ /~/¢ Dept. Origin: Community Dev. Date Submitted: For agenda Of: Exhibits: 1. 216197 2/.12/97 Ordinance O-97-10 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT This ordinance amends Section 20A-5.14. by substituting Community Development Director for City Clerk, building official, and city engineer; and by clarifying the application procedures for moving a structure. The staff recommends that the effective date be changed to July 1, 1997, in order to allow for the adoption of all of the ordinances which have been prepared to corrected the procedural problems of the Land Development Code. The attached ordinance reflect that change. RECOMMENDED ACTION Hold a public hearing and approve Ordinance O-97-10. Draft 02/06/97 ORDINANCE NO. O-97-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING MOVING STRUCTURES BY SUBSTITUTING COMMI/N1TY DEVELOPMENT DIRECTOR FOR CITY CLERK, BUILDING OFFICIAL AND CITY ENGINEER, SUBSTITUTING LAND DEVELOPMENT CODE FOR ZONING CODE, AND AMeNDiNG PROCEDURES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERAB][LITY; AND PROVIDING FOR AN EFFECTIVE DATE. WI~REAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures regarding moving structures by substituting Community Development Director for City Clerk, Building Official, and City Engineer; substituting Land Development Code for Zoning Code; and amending procedures; and WI~S, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW TI:I~REFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF ~ ~ OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-5.14. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: See 20A-5.14. Moving of structures. No structure larger than five hundred (500) square feet, excluding structures registered as a vehicle by the State of Florida, shall be moved into the city or from one place to another within the city unless such building or structure is made to conform to all of the requirements of the city's adopted building code in effect in this city at the time of ~Ldc97- ! 0 I i I I I I i I I i I I I I I I I i I Dra~ 02/06/97 the moving and the requirements of the zoning in which the building or structure is to be place. The Community_ Development Director ~.;~a;._,,,~,,,,,,.~ .~L~,,~.,,,~m-';-~ ~,~- ,.u~..,~ ~:~"~,~., engineer is authorized to require any person applying for a permit to move a building or structure to show proof of a property damage insurance policy in the amount of five hundred thousand dollars ($500,000.00) as well as a liability insurance policy in the amount of one million dollars ($1,000,000.00) and may be required to post a bond or other security acceptable to the city in an amount up to but not exceeding ten thousand dollars ($10,000.00) to be deposited with the city clerk, payable to the order of the City of Sebastian. The purpose of the bond or other security is to guarantee compliance in full within one year with the applicable requirement of the city's adopted building code and of this Land Development CodezovA,'vg or~:m~ce and to restore any public or private property damaged while the building or structure is being moved. Failure to fully comply within one year as above stated will result in forfeiture of the bond to the ~ City of Sebastian, Florida. All applicants for a permit to move an existing structure, as above stated, are required to furnish the community development directordW-eter4e with a proposed route for moving the building through the city as well as five (5)thr-ee-(~ sets of drawings, said drawings to be prepared and sealed by an architect or engineer registered in the State of Florida certifying that the structure meets all requirements as above outlined, or five (5~~ sets of drawings to be prepared and sealed by an architect or engineer registered in the State of Florida showing the proposed changes to the building or structure aider it has been moved, that will bring it within all applicable requirements of the city's adopted building code as well as the city zoning ordinance. Ldc97- I 0 2 If drawings of the Draft 02/06/97 structure or building to be moved showing compliance as above stated are on record with the city already, the above requirement for drawings of the structure is waived. The Community .Development Director shall distribute the application and .supporting i_nformation to the....appropriate staff for review and comment ....Th.e staff shall include outside agencies. Upon approval of trt:he city engineer, building official and police chief ...... w ............. o .... v-,~v ........... o pncr : .... n~ ,,, .L the Co .mmunitg Development Director shall issue a permit. Section 2. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section3. CONFLICT. All other Ordinances or parts of Ordinances, Resolutiom or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. ~Ldc97-10 I I Draft 02/06/97 PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, Tills __ The foregoing DAY OF ,1997. Ordinance was moved for adoption The motion was seconded by Councilmember by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R_ CmmnSght Vice Mayor Walter W. Barnes ' Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this 1997. __ day of CITY OF SEBASTIAN, FLORIDA By: Louise R. Cartwright, Mayor ATTEST: Ldc97-10 4 Draft 02/06/97 Kathryn M. O~Iallorart, CMC/AAE (Seal) Approved as to Form and Contem: Valerie Settles City Attorney Ldc97-10 I I' I I I I °' 'IDA 32958 I I i I I I I I i I I I I Draft 02/06/97 . ORDINANCE NO. O-97-11 AN ORDINANCE OF TEEE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING TH~ LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING LAND EXCAVATION AND FILL, EXCAVATION AND MINING EXCEPTIONS, EXCAVATION AND MINING - MINING PERM1T REGULATIONS, EXCAVATION AND MINING - APPEALS; PROVIDING FOR CODII*ICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WItERF_.AS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures regarding land excavation and fill, excavation and mining - exceptions, excavation and mining - mining permit regulations, excavation and mining - appeals; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW TI~REFORE, BE IT ORDAINED BY TI~ CITY COUNCIL OF TIlE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-5.22.(i)7. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-5.22. Same - Exceptions. 7. A-po~d--permi ' ' e-~-itsqmitdi~gdepaa=tmem: Ldc97-11 Draft 02/06/97 Section 2. Section 20A-5.30. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-5.30. Same - Mining permit regulations. (a) Applicability. A city mining permit shall be required for any mining activity except as specifically exempted in section 20A-5.22. Any request for a mining permit shall be considered to be an application for a special use permit, and the procedure set forth in section 20A-2.6 of this Land Development Code shall be followed. Application procedures. Mining permit applications shall be made in the Community Development Department ........ ~ .~.~ .... in accordance with ful_~.l site plan submittal requirements set forth in Article X, "Site Plan Review." ..... (7) All ~ mining activities shall ensure that measures are taken to control dust. issu-a~e e-of-aa-o p er-at~ g-pemgt-m -tb~owa~Mer-his be4~~itdirv3-depa~men~hi~ags-a~er-t-he Ldc97- i I 2 Draft 02/06/97 , (d) Ldc97-11 (_89) Provisions for continuing operation. Nothing herein shall be construed as a requirement that an operator of an existing sand mine shall cease operations until a mining site plan has been approved, provided a mining site plan has been previously approved and maintained. Operaang condiaonal of mining. (4) Annual progress report. The applicant holding a valid mining permit shall file, on or before October 1 of each year, a written report with the city Community Development Dep .artmentbaitd~ depa~mem identif~g the lands mined and reclaimed for the preceding calendar year and identififing lands expected to be mined and lands planned for reclamation during the current year. The report shall also verify compliance with all conditions of other permitting authorities and shall note the expiration dates for all permits. Failure to file the required annual progress report shall be grounds for suspension of the operating permit; however, an extension of time for filing may be granted by the planning and zoning commission upon written request and for reasonable cause, alter hearing. Draft 02~06~97 (e) Requirement of bonds and for. feiture. (4) Renewal. Witkin thirty (30) days preceding bond expiration, a bond renewal or new bond, in form and amount approved by the city manager and city attorney, shall be filed in the c-iey-Comunity Development_ Departmentbu:.!ding -"~v~ '~ ........ ,...,~..,. This process shall be continued through the completion of each mining operation. (5) Forfeiture. Upon finding of noncompliance with the provisions of this code or the approved mining site plan or reclamation site plan, or failure to renew bonds within thirty (30) days of expiration, the Community Development Directorbuilil4tag-e4~adat shall notify the permit holder in writing of the noncompliance and the pending forfeiture of the compliance and/or restoration bond. This notice shall also include notice of the appeal process as set forth in section 20A-5.44. Section 3. Section 20A-5.44. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-5.44. Same - Appeals. (a) Any person receiving written notice of suspension of a permit may, within fit'~een (15) days following the date of such notice, enter an appeal in writing to the city council. Such written appeal shall be deposited with the city clerk who shall stamp thereon the date and time received. Such written appeal must include a description of the property, and; the date of~ Ldc97-11 4 Draft 02/06/97 ~"~ *~' ..... ~'~ ~' .... " ' ity the notice of violations ........................not;ce. The c council shall, within fourteen (14) days, hold a heating on this appeal. At the conclusion of such hearing, the city council may continue the suspension, modify the suspension, revoke the operating permit, or reverse the decision of the Communi~ Development ' ~...:~.~:~ ~m~:~ D~rector ........ ~ Section 4. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. SectionS. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or pans of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. SEVERABILITY. If any clause, section, or other pan or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, wh/ch shall remain in full force and effect. Section 7. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY Tt~ CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON iFI~T READING, THIS DAY OF , 1997. PASSED AND ADOPTED BY Ldo97-11 5 I I I I I I I i i I I I I I I I I I Draft 02/06/97 THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READI2qG, THIS The foregoing DAY OF ,1997. Ordinance was moved for adoption The motion was seconded by Councilmember by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise tL Canwvright Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ,1997. CITY OF SEBASTIAN, FLORIDA By: Louise R. Cam~ght, Mayor ATTEST: Kathryn M. OTIalloran, CMC/AAE Ldc97-11 Draft 02~06~97 (Se~) Approved as to Form and Content: Valefie Settles City Attorney Ldc97-11 City of Sebastian 1225 MAIN STREET [] SEBASTIAN. FLORIDA 32958 TELEPHONE (407)589-5330 [] FAX (407) 589-5570 SUBJECT: Ordinance No. O-97-14 Approval for Submittal By: City Manager ....... ) ) ) ) ) ) ) ) ) ) ) ) Dept. Origin: Community Dev. Date Submitted: 2/6/97 For agenda Of: 2/12/97 Exhibits: 1. Ordinance 0-97-14 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT This ordinance amends Section 20A-9.7.F.4 by substituting the Community Development Director for building official and city engineer. The staff recommends that the effective date be changed to July 1, 1997, in order to allow for the adoption of all of the ordinances which have been prepared to corrected the procedural problems of the Land Development Code. The attached ordinance reflect that change. RECOMMENDED ACTION Hold a public hearing and approve Ordinance O-97-14. Draft 02/06/97 ORDINANCE NO. O-97-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING Tl:lE, LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO STRUCTURAL ALTERATiONS TO NONCONFORMITIES OR NONCOM~PL/ANCES; SUBSTITUTING COMMUNI'rY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL; PROVIDING FOR CODIFICATiON; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIL1TY; AND PROVIDING FOR AN EFFE~ DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code regarding procedures relating to structural alterations to nonconformities or noncompliances by clarifying the role of the Community Development Director; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY TI~ crrY COUNCIL OF THE C1TY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-9.7.F.4. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A.9.7. Structural alterations to noncomformities or noncompliamces. Ldc97-14 If both parking and landscaping are deficient at the time of the proposed change under the provisions of this code and the change does not require any additional parking or any additional landscaping which would increase the need for parking or landscaping over the then Draft 02/06/97 existing deficiencies, the change is permitted provided the deficiencies are corrected to the extent sufficient land was available on the site on the effective date of this code to accommodate some or all of the then deficient parking or landscaping, or as land is available on the site at the time of the proposed change, whichever land area is greater. If sufficient land was not available on the site on the effective date of this code to allow correction of all of the parking and landscaping deficiencies and sufficient land is not then (at the time of the proposed change) available, priority for correcting the landscaping and parking deficiencies shall be determined on a case-by-case basis by the Community Development Directorbui!~ing and the chairman of the planning and zoning commission, if the change is a minor change in site plan, or by the planning and zoning commission if the change requires full site plan review. Section 2. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a pan of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section3. CONFLICT. All other Ordinances or pans of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Ldc97-14 2 Draft 02/06/97 Section4. SEVERABIHTY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY TIlE CITY COUNCIL OF THE CITY OF SEBAS~, FLORIDA, ON FIRST READING, THIS DAY OF , 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORID& ON SECOND AND __ DAY OF ,1997. Ordinance Ldc97-14 FINAL READING, THIS The foregoing was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this ,1997. day of CITY OF SEBASTIAN, FLORIDA By: Louise R. Cartwri~t, Mayor I I I I i I I I I I I I I i I I i I Draft 02/06/97 ATTEST: Kathryn M. O~lloran, CMC/AAE (Se~) Approved as to Form and Contem: Valefie Settles City Attorney Ldc97-14 City of Sebastian 1225 MAIN STREET Q SEBASTIAN, FLORIDA 32958 TELEPHONE (407} 589-5330 [] FAX {407} 58%5570 SUBJECT: Ordinance No. 0-97-16 Approval for Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: ?~- (9~-~Y Dept. Origin: Community Dev.~~---- Date Submitted: For agenda Of :~ Exhibits: 1. Ordinance 0-97-16 2~6~97 .2/12/97 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT This ordinance amends Section 20A-3.8. D.5. by deleting the requirement that the storage area be accessible from the carport. This is for consistency. The staff recommends that the effective date be changed to July 1, 1997, in order to allow for the adoption of all of the ordinances which have been prepared to corrected the procedural problems of the Land Development Code. The attached ordinance reflect that change. RECOMMENDED ACTION Hold a public hearing and approve Ordinance 0-97-16. DRAFT 2/6/97 ORDINANCE NO. O-97-16 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR[DA, AMENDING THE LAND DEVELOPMENT CODE REGARDING COMMERCIAL OFFICE RESIDENTIAL DISTRICT; AMENDING TRE UTILITY STORAGE AREA REQUIREMENT FOR A CARPORT OR SIMILAR UNENCLOSED VEHICLE STORAGE STRUCTURE; PROVIDING FOR CODIIZiCATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABII,ITY; AND PROVIDING FOR AN EFFECTIVE DATE. WH'EREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to Commercial Office Residential District to clarify the utility storage requirements for a carport or similar unenclosed vehicle storage structure; and ~REAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW TREREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF TtIE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-3.8.D.5. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Ldc97-16 Minimum living area: The minimum floor area required for a single-family structure, excluding porches, terraces, attached garages, carports or other unenclosed areas, shall be one thousand (1,000) square feet. Every single- family dwelling unit shall be required to provide a garage or carport. If a carport or similar unenclosed vehicle storage structure is provided, then the principal structure shall contain a fully-enclosed utility storage area of at least DRAFT2/6/97 sixty (60) square feet, which shall be designed as an integral part of the nc structure an Appemti,x-A). If a fully-enclosed garage is provided, then no utility structure shall be mandated. The garage or carport shall have a minimum interior clear dimension often (10) feet by twenty (20) feet. Duplex: Eight hundred fifty (850) square feet per unit. Multiple-family structures: Efficiencies shall provide six hundred (600) square feet per unit; one (1) bedroom unit shall be required to provide seven hundred fifty (750) square feet per unit; two (2) bedroom units shall be required to provide eight hundred fifty (850) square feet per unit; three (3) bedroom units shall provide one thousand (1,000) square feet per unit; and each additional bedroom shall provide an additional one hundred (100) square feet per bedroom addition. Section 2. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section3. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or pans of Resolutions in conflict herewith are hereby repealed to the e~ent of such conflict. Section 4. SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be Ldc97-16 2 DRAF'r2/6/97 unconstitutional or invalid, such unconstitutional or invalid pan or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND The foregoing DAY OF ,1997. Ordinance was moved for adoption The motion was seconded by Counciknember by Councilmernber and, upon being put to a vote, the vote was as follows: Mayor Louise K Canwri~t Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmernber Raymond Halloran Councilrnember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this 1997. __ day of CiTY OF SEBASTIAN, FLORIDA By: Louise R. Cartwri*~ht, Mayor ATTEST: ~Ldc97-16 I · i I I I I I i i I I i I i I I I I I DRAFT2/6/97 Kathryn M. O~alloran, CMC/AAE (S~) Approved as to Form and Content: Valerie Settles City Attorney Ldc97-16 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 58%5330 [] FAX (407) 589-5570 SUBJECT: Recommendation from ) the Planning and Zoning Commission) concerning Louisiana Avenue and ) Palmetto Avenue ) ) Approval for Submittal By: ) ) ) City Manager ) ) ) Agenda Number: Dept. Origin: Community Dev. Date Submitted: For agenda Of: Exhibits: 2~6~97 2/12/97 (RM) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT During the review of the Grace's Landing site plan, the Planning and Zoning Commission expressed concern about the condition of Louisiana and Palmetto Avenues. Both streets have limited rights-of-way and narrow pavements. The recommendation was placed on the January 22, 1997 agenda of the City Council. During the meeting the item was postponed. At the February 5, 1997, quasi judicial hearing concerning the Graces Landing's site plan, the Council discussed the need to address the road problems in the area. RECOMMENDED ACTION it is requested that the City Council provide direction to the City Manager in developing a plan of action to address Louisiana Avenue from Main Street to the proposed intersection with High Street and Palmetto Avenue. City of Sebastian, Florida Subject: First City Council Meeting in March 1997 Approved for Submittal by: City Manager Department Origin: City Manager .Date Submitted- February 5, 1997 For Agenda of Februa~. 12, 1997 EXP~I'TURE REQUIRED: AMOUNT BUDGETED: None None IAPPROPRIATION REQUIRED: None SUMMARY STATEMENT The first regularly scheduled meeting in March 1997 is to be held on March 12, 1997. This date would be the very next day following the Council election to be held on March I 1, 1997. To prevent the concern ora lame duck Council, you might want to consider holding the first meeting on March 5, 1997. RECOMMENDED ACTION Provide direction to the City Manager and Clerk relative to the preferred first meeting date in March 1997. City of Sebastian I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Waiver of Bid Requirement) to Secure Biological Services for ) Municipal Airport ) ) ) Approval For Submittal By: ) ) City Manager~~,Uc~.~ ) ) ) ) ) ) ) AGENDA NO Dept. Origin: City Manager Date Submitted: 02/106/97 For Agenda Of: 02/12/97 Exhibits: ~ Map ® HCP ® Quote I EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: ~UMMARY When the City acquired approval to construct A/rport Drive West, the FAA required the City to obtain approval'of the U.S. Fish and Wildlife due to scrub jay issues. The City set aside a three (3) acre site as a mitigation area located between the end of runway 4-22 and Roseland Road. U.S. Fish and Wildlife required the development of a habitat conservation plan (HCP) to demonstrate how the site would be managed. Former City Manager, Joel Koford secured the services of Carroll and Associates, to prepare the habitat conservation plan. FAA indicated to the City that if the City agreed to the results of Carroll and Associates management plan, approval would be authorized immediately for the construction of Airport Road West. ~ When the HCP was received, it called for the removal of Melaleuca (punk) trees, Australian pines, and Brazilian peppers. Additionally, the scrub oaks over 15 feet in height are required to be cut with 50% being cut immediately and the remainder to be done commencing 5 years later. In attempting to respond to the plan, $25,000 was budgeted to implement the required management plan. It was fitnher anticipated that a significant mount of labor would be recruited from the Department of Corrections to lessen the fiscal impact to the Airport Budget. A requirement by the FAA was to have a biologist on site providing over-sight to the actual tree cutting and noxious vegetation removed. In order to move forward in satisfying the requirements of the FAA, I approached Carroll and Associates and requested them to provide the City a quote on the cost of providing the necessary biological services. An additional service quote requested of Carroll and Associates, was to determine the impact of scrub jays and scrub habitat on the remaining airport property so that lease feasibility could be determined. Carroll and Associates have responded with a quoted price of $6.075,00. In light of his familiarity with the U.S. Fish and Wildlife, and as the author of the HCP for the airport mitigation site, staff believes it would be in the best interest to proceed with the services offered by Joseph D. Carroll. I am therefore, requesting the City Council to waive the normal bid procedure and allow the City to enter into an agreement which can be brought back for the Council's approval. Because of certain time restrictions based on scrub jay nesting, time is of the essence. The most desirable period for such vegetation cutting are in the months of March and September. RECOMMENDATION Waive the normal procurement procedures and authorize the City Manager to bring an agreement between the City and Carroll and Associates, back to the Council for their approval. I I I I I I I I I I I I I I I I I I I i, I ,.> . .... <..<.-.-.... -2...-'- --'2 '.''-'-.- <-'- --'.' ~2 '-'-' '<.2..->j.-~ ..... : C;_P_ROLL .~N-D ASSOCIATES 1160 38%/q~ AZrEN~vrE ?ERO B~--~CH_. FL 32960 (407 ~,-569-0086 for Sebastian Performed by: FLORIDA SCRUB JAY MANAGE~ENT PLAN SEBASTIAN AIRPORT SITE SEBASTIAN, INDIAN RIVER COUNTY, FL CARROLL AND ASSOCIATES 1160 38TH AVENUE VERO BEACH, FL 32960 (407)-569-0086 I I I I I I I Prepared for C'it~~-°f''S~st'i~h ........ I Joseph D. Carroll I Senior Field Biologist Introdu~t%on The Sebastian Airport Site was chosen and set aside by the City of Sebastian for scrub jay management based on an agreement with the U.S. Fish and Wildlife Service (Service). This agreement for mitigation of development elsewhere on the airport property is offered in a letter dated February 16, 1996 from the City Manager to the Service. The Service confirmed the agreement by letter dated March 7, 1996. Carroll and Associates had previously performed a Wildlife and Scrub Jay Assessment on a portion of the Sebastian Airport proper~y and was selected to draft a management plan for this area set aside for jays. _Location The airport location is near the Sebastian River at the north end of Indian River County in the City of Sebastian. The site chosen for this management plan is approximately 3 acres in size (See location Map). It-is trian~lar property that extends from the northwest side of the end of the runway and widens out to meet Roseland Road. A dirt road enters south of center of the site and extends to the cleared and mowed area at the end of the runway. The site may be described as being bounded on the south by the northern clear zone boundary for runway 4/22; bounded on the west by Roseland Road (County Road 505) right-of-way; bounded on the north by dense Australian pine vegetation; and bounded on the east by the intersection of runway 4/22 and the north-south taxiway. Methods A field inspection was made of the 3+ acre site on March 13, 1996. The objective was t~ identify the'various ~gegetation'-types--~llthe site and ground truth the aerial photograph. Another purpose was to become familiar enough with the site to develop management recommendations. Inspection was made by traversing all the various habitat tlrpes on the site. A tape recorder was ~sed for note taking and later-transcribed in the form of lists of species of vegetation observed. Photographs were also taken for later reference. Rre~ious Scrub Jay Survey The presence of the threatened Florida Scrub Jay (~phelocoma coerulescens coerulescens) on the site was determined in our previous survey. We know that at least a small part of this 3 acre site is used as part of their territory. This previous scrub jay survey was performed consistent with the Scrub Jay Guidelines as published in "Ecology and Development-related Habitat Requirements of the Florida Scrub Jay (Aphelocoma coerulescens coeru!escens)" which is Nongame Wildlife Program Technical Report No. 8 by the Florida Game and Freshwater Fish Commission. Scrub jay were called into the projec~ site across the end of the adjoining runway the first morning of the survey. Thereafter jays were seen routinely at the runway ends. The calling stations along Roseland road did not yield any sightings of scrub jays. The maximum number of jays observed in the family at the southwest runway end was 3. One of these birds was banded with a blue band over a normal silver U.S. Fish and Wildlife Service Band. The other two individuals in the family were unbanded. This family stayed on this end of the runway using a camphor tree there routinely. This same family of the Florida scrub jay also uses the City of Sebastian golf course as part of its territory., Their territory clearly included the strip of land adjacent to golf hole ~ 7 as well as the edge of the classic scrub habitat found in the uncleared runway approaches nearby. The family exhibited caching behavior by placing gathered nuts in the grassy areas that are mowed between the runway and the uncleared area. They were also observed in a pine tree adjacent to the wetland area located in the center of the proposed management area. Existinq Land Use and Habitat Type Descriptions The site is dominated in the center by a wetland. The center of the wetland is dominated by willow and this willow slough is in a central depression and is surrounded bywet prairie with the dominant vegetation being maidencane and St. Johns wort. On the aerial photograph this looks like a bull's eye with the shrubs surrounded by grass marsh. The 'cover types for the Florida Land Use Cover and Land Form Classification System (FLUCCS) are (643 wet prairie) and (616 inland ponds and sloughs). The edge of the wetlands are vegetated with species like myrtle, Brazilian pepper, guava, and Australian Pine. To the north of the wetland, the site is dominated largely by shrubs and brush and exotic' plants' indicating previous "disturbance. "-The'"major stand is of Australian Pine that is 40 to 50 feet tall. There is also an area of-dead Australian Pine and another area of small Australian pine (most likely (Casuarina glauca) which is invading and creeping and suckering into the wetland during dry years. There is also a small clump of Melaleuca, another exotic plant that is very tolerant of wet soils and this is located northeast of the main freshwater wetland center. The FLUCCS types for these exotic dominated areas are (437 Australian pine) and (424 Melaleuca). The shrub and brushland is made up primarily of palmetto and blackberry and is typed as (320). To the south of the wetland and the roadway that is present the land is predominantly classic scrub with palmettos and scrub oaks. The scrub oak is sapling size and is frequently up to 20 feet tall and is forming a canopy because of lack of fire in the recent past. The FLUCCS type for this area is (421 xeric oak scrub) As is normally found in this coastal scrub type there are bare sand areas interspersed in this habitat type. There is an occasional sand pine and slash pine in this itat t~e. I I i i I I I I I I I I I I I I I I Vegetation Communities Vegetative communities on the site may be divided into categories as follows: 1) Exotic dominated 2) scrub oak dominated with open patches (3 shrub and palmetto dominated 4) marshes and inland sloughs. A map of habitats is included as well as a partial species list was prepared and this is included as an appendix. (See Plate 2) Vecetation.Typ%nc The scrub jay guidelines require one to classify native plant habitat into 3 types identified as Type I, II, and III. These types are defined as follows: "TYPE I HABITAT. Any upland plant community in which 'percent cover of the substrate by scrub oak species is 15% or more. TYPE II HABITAT. Any plant community, not meeting the definition of Type I habitat, in which one or more scrub oak species is represented. TYPE III HABITAT. Any upland or seasonally dry wetland within 1/4 mile of any area designated as Type I or Type II habitat." In addition, it is desirable to identify areas of sand for later analysis. This is a measure of the value of the vegetation as habitat for the Florida scrub jay. Additional evaluation includes the height of the canopy and whether the canopy is closing as explained by Breineger in evaluating habitat suitability for scrub jays. The findings of the vegetation analysis is that the xeric oak scrub is III, and the exotic dominated land is also Type III(See Plate 3). The xeric oak has an abundance of open areas, but the height of the oaks is exceeding the optimum values for scrub jay habitat use and the canopy is beginning to close which will make it undesirable as scrub jay habitat. The wetland most likely serves as a source of insect food, and the exotic dominated types most likely serve only as perching places and the habitat is unused where the coverage is complete. Proposed Habitat Manacement Plan The focus of the proposed scrub jay habitat management plan is the preservation, enhancement, and long term management of this three acre site. The scrub jay survey showed that a family of jays use one corner of this triangular site. The jays use the corner nearest the runway and the adjacent clear zone yet have not been observed to cross the wetland and other habitats to the vicinity of Roseland Road. The purpose of management would be to expand the area that they use by making habitats within this site more suitable for scrub jay use. The major components of the proposed habitat management plan are: 1) Conservation of 3+ acres of habitat (This site is part of and adjacent to known scrub jay territory). The proposed conservation easement will prohibit future development, unless specifically authorized by regulatory authorities. 2) Enhancement of the habitat suitability for scrub jay within the 3+acres set aside, (This may include the adjacent "clear Zone" for runway 4/22, and mowed edges of the runway and taxiway). This will be accomplished by the initial application of mechanical habitat management techniques. A fire policy with limited management will be initiated to complement this initial mechanical treatment. If possible and allowed by FAA and state Forestry officials a more positive burn management plan will be instituted. 3. A monitoring plan to account for scrub Jay habitat suitability will be instituted in the preserve area. This will be undertaken immediately after completion of the baseline enhancement treatment. A description of the three components of the Management Plan follows: Conservation The city of Sebastian has committed to the preservation and management of these three acres specifically for the scrub jay. The city will develop the appropriate maintenance restriction for the area, and the city will notify the Federal Aviation Authority of the area designation. This designation will cause this land'tO'be"exemPt"fro~'-'land'~evelopment"and leasing in the Airport ~aster Plan. Airport management will continue to protect the area by discouraging improper land uses like off-road vehicle uses, dumping of refuse, and vandalism. In addition, the suggested management items in the next paragraphs will not be undertaken in the Scrub jay nesting season from March 1 to June 30th of each year. Enhancement The fLrst step in enhancing this property was hiring this firm to develop a management plan which the city could evaluate and if found acceptable could commit to carrying out. Secondly, the city agrees that management activities will not be carried out in scrub jay nesting season of March 1 to June 30 of any year. ,Management Activities will be carried out under the supervision of a Fish and Wildlife Service approved biologist. Fire Prescribed burning as management was first considered for this site because of the effects of fire are the most far reaching and best management, for scrub vegetation. The scrub jay is in many areas dependent on fire to renew the value of its habitat value, or in other words maintain the habitat suitability. In natural sc_~ub systems the fire frequency has been estimated as occurring from one fire in every 20 years to one fire every 70 years. (Austin 1976, Abrahamson et al 1984) Fitzpatrick et al in 1991 recommended a frequency of eight to 20 years for management of scrub jays. So management plans generally are geared for a prescribed burn for something like 7 to 10 year cycles. The possible use of Fire management is dependent on the willingness of the Federal Aviation Administration to allow prescribed burns on Airport Property. So instead we have elected to treat fire in terms of a managemen~ policy and to rely primarily on mechanical means to achieve management goals. What we mean by policy is that the management plan will provide for the construction of Fire breaks in initial stages and the fire suppression authorities would be encouraged to allow burns to continue until the edge of the fire break is reached, instead of creating new lines in this preserve. Thus the fire management would be dependent on nature and chance rather than prescribed burns and yet is to be accounted for in the management of the site. 1) To accomplish this policy the first step would be to create a fire break on the north boundary of the three acre site. A 10 to 15 foot wide lane would be cleared of all vegetation and that followed by grubbing and passing of a blade to create mineral soil. This would create a fire lane that connected with Roseland Road and the runway taxiway area thus allowing containment of fire Within the preserve. (2) To complete this block the blade should also be passed over the existing central roadway to allow another fire break and avenue for fire suppression. The area south of the existing road would be considered in management of the clear zone vegetation or in management plan for the entire airport. Exotic Plant Control There are several exotic species in the northern side of this tract (generally nor~h of the wetland). It is our belief that elimination of the exotic species on the northern 1/2 of the tract, and maintaining the area free of exotic species may be all that is needed in the northern 1/2 of the tract for The exotic species present improvement as scrub jay habitat. are Australian Pine Punk tree or Me!aleuca Brazilian Pepper China Berry Chaste Tree or Virex Camphor tree Banana The Exotic Plant Pest Control Council considers the Australian pine, Brazilian pepper,and Melaleuca as aggressive introduced plant species and they are on the list of Florida's most invasive species. In our opinion, any site subject to management these species should be controlled or eliminated if possible. Control of the nuisance exotic trees would be by clearing and treating the stumps with approved herbicides in most cases. With the smaller sizes treatment of the foliage would be reco ..... ended. A followup program which provided for herbicide treatment or pulling of seedlings of the nuisance exotics would be a par~ of the program. The program must be coordinated with the St. Johns Water Management District as far as treatment in the wetlands 904-328-8321. Elsewhere the treatment should be by certified, pesticide applicators. Labels on herbicides must be followed. We find Circular 868 of the Florida Cooperative Extension Service entitled "Exotic Woody Plant Control" a good reference which indicates the favored treatment method given different conditions and sizes of trees and shrubs(attached as Appendix 2). If the county does not have trained staff for this work, a list of potential contractors is attached as Appendix 1. This report cannot treat all aspects of removal and treatment of exotic species. Instead, we merely can suggest a schedule, suggest supervision, suggest followup be accomplished or initial treatment can be rendered worthless. Furthermore we ........................ ~-.~g~e~t-~.~--a~-a~ /~ plate 3 for the location of Australian mixed exotics as primary treatment areas). We recommend the camphor tree be spared since scrub jays.seem to use this tree as a sentinel point and a place to alight after crossing the open space of the runway and surrounding mowed area. Mechanical treatment The southern area south of the roadway is in scrub habitat with an abundance of open spaces and of oaks that are reaching the stage of being less useful to scrub jay because of height and canopy closure. If fire can not be used or does not occur then a mechanical treatment should be used to bring at least 1/4 of the area to a lower overall height for scrub jay usage. Roller chopping could still be used however since the managed area is adjacent to the clear zone for the runway approach the plan envisions clearing on a contracted basis those oaks which have reached a height of 15 feet or more (3.5 meters +). We understand there is a need to clear in the "Clear Zone" of the I I I i I I I i I I I I I I I i I I runway approaches at the present time, and this procedure could be added to that contract. The clear zone requires removal of trees that intrude on a line that is on a 1 to 20 slope starting at ground level 200 feet beyond the end of the paved runway and extending for 5,000 fee~. The intruding trees are to be cleared or trimmed as needed. Since as far as we know we are not limited by occupied scrub jay habitat in this southern part of the management area, we recommend this clearing of taller trees be accomplished in two phases. The first half of the northern area nearest to the runway can be cleared of trees more than 15 feet in the first year of management. The second half furthest from the runway can be similarly treated at the time the clear Zone is maintained,and made part of that contract, provided it is no longer than 10 years from the start of the management plan. Of course if a fire occurs this mechanical treatment can be postponed accordingly. Other considerations Other management measures which were considered and not included in the management because of its airport property location were: feral cat control, recreational uses, and limits on feeding of jays. The manager should be given flexibility to substitute prescribed burning under the supervision of the Florida Division of Forestry as a less costly option to mechanical clearing of scrub oak, provided such an amendment is given preliminary notice to the Fish and Wildlife Service and Florida Game and Fresh Water Fish Comm/ssion. Monitorinq The first aspect of monitoring is the revisit to the site for the first 3 years following clearing and herbicide application to the exotic plants. This will require marking the trees that have reestablished from seed or suckering for either pulling or herbicide application. The second is normal fol!owup on a management plan which can occur every five years. The monitoring program wi!l describe the structure and composition of the scrub to assess the habitat suitability for sc~-ub jays as defined by Fitzpatrick et al The long term monitoring plan will commence 5 years after the initial baseline monitoring event and will occur every 5 years thereafter This will require determinations as to whether scrub jays have made more of this area part of their territory. This monitoring should be done in the spring or fall months. Additionally photographic stations would be established and photos taken before and after initial treatments and then at 5 year intervals to help with monitoring scrub jay habitat management decisions. Discussion The Florida Scrub Jay is known to use scrub oak and other habitat in this project vicinity, particularly the City of Sebastian golf course nearby. Habitat which is in their territory or on their boundaries at the same time is constantly changing and without management is becoming less valuable over time. It is being invaded and overgrown with species other than scrub species. Even in the classic scrub patches at the runway approaches and in the southwest part of the management area, the scrub oaks remaining are closing canopy by growing taller, or being covered with vines and other non-scrub species. In our opinion, the management of clear zones is favorable to scrub jay. Management of the three acre site could help assure the continuation of this scrub jay territory as a-viable unit, although much of this property is not high quality scrub jay habitat in its present condition. Jays are surviving on patches of habitat and a management plan for this patch helps in the overall picture. To best provide for that their should be an overall scrub jay management plan for the entire airport property which could become part of the next update of the Airport ~aster Plan. Recommendation~ A sequence of reccommended management actions for the next 20 years is attached as the following page. Also see Plate 4 for the locations of each recommended management phase or seqment. It seems compatible" wi~-'~'i~p6i~c'-pIa~ffi~]-~ha~]%He'~'~-6T--'~s'e jays territories are centered on the runway approaches and clear zones necessary for aircraft safety. Wetlands are in this vicinity also. it would therefore seem possible to dedicate this scrub land and adjacent wetland to scrub jay management as territory refuges, as well, in the overall management plan for the airport. Summa.r~ At the Sebastian Airport site, the scrub jay, a threatened species, has been observed on the property. A management plan has been devised for a three acre site to expand the useable habitat adjacent to the territory of a family of scrub jay. The management plan is organized by elements which are comprised of fire policy, exotic plant control, and mechanical removal of larger trees. I i. I I I I I I I I i I I I I I I I I SEQUENCE OF MANAGE~ENT ACTIONS First year Northern 1/2 1) Create fire break along the north east corner of the area which connects the mowed area along the runway to the mowed shoulder of Roseland Road. 2) Cut down and treat stumps of Australian pine in northeastern area 3) Foliage treat seedling Australian pines adjacent to the wetlands. 4) Cut down and treat stumps of Brazilian pepper in entire area(concentrated near edge of mowed runway area. 5) Cut down and treat stumps of clump of Melaleuca in northern area Southern 1/2 6) Clear all trees more than 3.5 meters or 15 ft in half of the southern portion (should be timed with a Clear Zone clearing contract) 7) Run blade of grader or bulldozer over existing roadway to create firebreak. Second Tear 9) pull or treat all seedlings of exotic plants regrowing in the area Third year 10) pull or treat all seedlings of exotic plants regrowing in the area Fifth ye.ar 1!) Clear all trees more than 3.5 meters or 15 ft in other half of the southern portion if fire has not occurred(should be timed with a Clear Zone clearing contract). ' 12) pull or treat all seedlings of exotic plants regrowing in the area Tenth year 13) Clear all trees more than 3.5 meters or 15 ft in original half of the southern portion if fire has not occurred(should be timed with a Clear Zone clearing contract). 14) pull or treat all seedlings of exotic plants re9rowing in the area REPEAT last two operations every 5 years Partial Plant Species List Xeric Oak scrub -- Type I Saw palmetto D Scrub Live Oak D Chapman's scrub oak C Eastern Coral Bean U Myrtle C Partridge Pea U Wire grass U Rusty lyonia C Hog Plum U Blazing Star C Red Bay U Live Oak C Cabbage Palm U Sand Pine U Atlantic Red Cedar U Beauty Berry -French Mulberry U Slash Pine U Shiny blueberry U Prickly Pear Cactus C Palmetto .and shrub dominated -- Saw palmetto Wild Grape Atlantic Red Cedar Slash Pine Black berry Red Bay Guava myrtle yaupon holly cabbage palm winged sumac Live Oak Exotic dominated -- Type III Brazilian Pepper Spanish Needles Sweet Brier Tread softly Groundsel Bush Sandspur Wild grape Dog Fennel Chaste Tree China Berry Serenoa reoens Ouercus ceminata 0uercus chaomanii Ervthrina herbacea M~-rica cerifera Cassia SD. Lyqnia sp. Liatrus Sabal Palmetto Pinus cl~usa Juni~vir~iana CallicarDa americana Pinus elliotii Vaccinium sp ODuntia sp Type II D Serenoa re__~p_9_q~ C Vitis sp U Junioerus vi_~_~iniana U Pinus elliotii C C C U U U C U C U U Schinus terebinthifolius Biden__~s pilosa Smilax sp. Cnidoscolus stimulosus Baccharis anqustifolia Cenchrus incertus Vitis sD. EuDatorium sp. Virex sp. I · i I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I i I I I I Slash Pine Melalueca Strangler Fig Camphor tree Banana Guava Gopher apple Myrtle oak cabbage palm Australian pine Wetland -- Type iii Willow Myrtle Maidencane Arrowhead St. John's wort cat tail red maple Australian pine D=Dominant C=Common U U U U U U C U U C Pinus Me!aleuca .c[uin~uivera Casuarina sp. C Salix sp. C C Panicum U SaG~itaria sp. C Hypericum sp. U T~ sp. U Acer .rubrum U Casuarina~lauca U= Uncommon Photograph ! - Wetland with willow in the center I I I I I I I I I I I i I I I I I I I i I I I I i i I I i i i I I I i Photograph 3 ~ Australian Pine invading'into the wetland in 5cu~hsen-~:~ Phctcgr~h.~ar~ cf5 -the~YPi¢~lsite conditions in X~-ric O~k H~bit~t on southern I I I I I I I I I I I I I I I i I I i I i' I I I I I I I I I I i i I I I i I BibliocraDh¥ Allen, M. 1988 Wildlife Survey Methodology Guidelines - for Section 18.D of the Application for Development Approval Bell, C.R. and B.J. Taylor 1982. Florida Wild Flowers and Roadside Plants. Breiniger,D.R. 1981. Habitat Preferences of the Florida Scrub Jay (Aphelocoma coeru!escens coerulescens) on Merritt Island National Wildlife Refuge. Unpub. M.S. thesis, Florida Intitute of Technology. Breiniger, D.R. 1992. Habitat Model for the Florida Scrub Jay on John F. Kennedy Space Center. NASA Tech. Mem. Carroll, J.D. and B.I.Birnhak 1995. Wildlife Survey and Assessment with emphasis on the Florida Scrub Jay, Sebastian Airport Site, Sebastian Indian River County, FL Carroll and Associates Fernald, R.T. 1989. Coastal Xeric Scrub Communities of the Treasure Coast Region, Florida. Nongame Technical Report No. 6. FG&FWFC. Fitzpatrick, J.W., G. Woolfenden, M. Kopeny 1991. Ecology and Development Related Habitat Requirements of the Florida Scrub Jay (Aphelocoma coerulescens coerulescens) Nongame Wildlife Program FGF~FC Tech Rept No. 8 Florida Department of Transportation 1985.. Florida Land Use, Cover and Forms Classification System. Kale, H.W. and D. S. Maehr 1990 enc e. Florida's Birds a Handbook and Refer Langeland, K. Editor 1990 Exotic Woody Plant Control. Fi Cooperative Extension serVice, IFAS, Univ of FL and Exotic Plant Pest Control Council Circular 868 Nelson, Gil 1994. The Trees of Florida, A Reference and Field Guide Pineapple Press, Sarasota, FL. Wood, Don A. 1994. Official Lis=s of Endangered Fauna and Flora in Florida. FG&FWFC 5/16:'96 Phil Young Aouati¢ Vega--ration Control, Inc. PO Box 10g45 Rivim~a B~aek. FL 35419-0g45 'g00-327-g745 Robin Lewis L~v,d~ Environmenlal Services PO Box 20005 Tampa, FL 33622-0005 813-$89-9694 J~.~. G~mpol~ .......................... F. nvi~m~,~l Wat,~-w~vs 6500 N~est 15~ Ave, Ft. ~u~ ~ 33309 S~-vc F_.agar Long Leaf Forest Service. Inc. ~ Box 19~5 D~i..c~n Sp~n,z% ~ 32130-1995 ~9~5-5~7 18,~;.5::Page2 of Z i ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! I i' I I I I I I i I i I i I I F'~XOTIC Circular 868 Woo~¥ P~^x:r C mol Ken Langeland, Editor Florida Cooperative Extension Service / Institute of Food and Agricultural Sciences University of Florida / Jonn T. Woeste, Dean and Exotic Plant ,=est Control Council INTRODUCTION Extensive urbanization in Florida has led to the introduction of a great number of exotic (normative) plants in landscapes. Florida's m~ld cUmate and ample rai~all for many months of the year provide a suitable habitat for many of these inm3duced plants to escape from cultivation and become naturalizecL It has been est/mated that 27% of Plorida's 3448 named plants (excluding ornamental plantings) are exotic and this suggests that Florida's natural vegetation is becoming displaced (Daniel B. Ward, personal cornrnullication). Some of these introduced plants become aggressive invaders of native plant communities because their population is no longer kept in check by factors such as competing species and predators that have coevolved with them. Large areas of southern and central Florida have been severely altered (probably beyond our present restoration ability) by urbanization and other activities of man. However, certain areas, such as state and national parks, have been relatively protected and attempts are being made, by the National Park Service, Florida Department of Natural Resourvam and other agencies, to preserve (or restore) the ecology o£ these areas in as pristine a condition as possible~ This en- deavor includes management, or o]~mlnstion where possible, ofinl2~luced vegetatior~ Several very aggres- sive introduced plants have already replaced native Florida plant communities in some areas and, thereby, drastically changed the landscape both visually and ecologically. These include Australian pine (Casuarina spp.),Br~l{an pepper($chinus terebinthifoEus Raddi), Asiatic colubrina (Colubrirra asiatica (L.) Brongm) and melaleuca (Melaleuca quinquenervia (Cav.) Blake) In recognition of the loss of natural communities caused by these and other ag~essive exotic plants, the Exotic Pest Plant Council (EPPC) was formed to coordi- nate efforts of various agencies into developing man- agement programs and increasing public awareness. This circular is an example of those efforts. It presents current methods for control of Australian pine, Brazil- ion pepper, Asiatic colubrina and melaleuca that have been tested and compiled by members of the EPPC. Management progrnm~ include the use of manual re- moral, mechanical removal, physical controls and her- bicides, alone orin combination. Biological controls are currently under study and should be implemented in the future. Characteristics of the different types of control measures are discussecL All herbicide treat- merits listed have been found effective under certain circumstances. However, since choice of herbicide appli- cation .will depend upon environmental conditions and personal preference, they are not ranked in this publi- TYPES OF CONTROL METHODS Prevention The importation and spreadofnoxious exoticvegeta- tion can be sign/ficantly reduced by public education. It is the responsibility of those who are aware of the problems caused by noxious erotic plants to educate others as to their identity and control to prevent further ecological damage to native ecosystems. Biological Control Native plant communities evolve with a complex relationship of natural controls that keep them in balance. These natural controls may include environ- mental restraints, competing species, herbivores (e.g., insects) and pathogens. When plants are introduced into new areas, they often have a competitive advan- rage over native plants because natural controls of the introduced plants are not present. This competitive advantage may allow introduced plants to cause prob- lores, such as displacing natural plant communities. Biological control is the purposeful introduction of natural controls such as insects and pathogens, to help provide balance among native and introduced plants. The type of biological control proposed for e.xor/c woody vegetation in south Florida is called the classical (or introduction) approach. Classical biological control requires a large initial investment of t/me and mone~: However, a successful program can have long-term benefit to cost ratios of 100:1 and higher. Classical biological control involves the following:. (1) Surveys are conducted to identify natural controls in a plant's native habitat. (2) Natural controls that are prom{zing biocontrol agents are studied and quaran- tined to determine their ability to suppress the host (pest) and to insure that they are host-specific (cannot signifi~tly damage or reproduce on nontarget plants such as native plants, ornamental plants or crops). These studies are conducted where the organism is collected and in the region where it is to be released. (3) Biological control agent(s) are released in order to establish self-perpetuat~ng populations that will sup- press growth of the pest. (4) If necessary, biological control agents are collected from established popula- tions and moved to new locations. Classical biological control has been used success- fully for many years. Probably the first effort was the use of an insect (Dactylopius ceylonlcus Green) to con- trol prickly pear cactus (Opuntia vulgaris M/Il.) in southern India during the 1860s. More recently, alligatorweed flea beetle (Agasicles hygrophila) and alligatorweed stem boring moth (Vogtia malloi) have successfully suppressed alligatorweed (Alterrmnthera philoxeroides (Mart.) Griseb. ) in the southeastern United St~t~s. '1 I I I i I i -I -I i I i I I I I I I stt~esses can be incorporated into management pro- grams (e.g., timing of herbicide applications with flood- ing) is important. Herbicides Regulations Herbicides are a commonly used method of manag- ing exotic woody vegetation. Use of herbicides (and other methods of vegetation control in some instances) in certain areas such as public waters and wetlands are regulated by state and local agencies. For questions regarding permits to control vegetation in public waters contact one of the following Depaxt~nent of Natural Resources regional offices: Tampa 813/626-5143 Orlando 407/423-0673 West Palm Beach 407ff93-5666 For questions regarding vegetation control in wetlands contact the Water Management District (WMD) in which you are located as follows: Southwest Florida WMD St. Johns River WMD South Florida WMD 904/796-7211 904/3288321 407/686-8800 A basic knowledge of herbicide technology and appli- cation techniques is necessary for safe and effective use ofherbicides. Forthis reason, state agencies and federal agencies require personnel involved in herbicide appli- cation to be certified by the Florida Department of Agriculture and Consumer Services (FDACS). It is strongly advised that any individual who practices herbicide application be certified by ~DACS. The Uni- versity of Florida Institute of Food and Agricultural Sciences provides training and testing for certification of pesticide applicators. For information regarding pes- ticide applicator certification, contact the Cooperative Extension Service in your county. Herbicide Absorption Characteristics Contact herbicides. Contact herbicides a~ quickly and are generally lethal to all plant cells that they contact. Because of this rapid action or other physiologi- cal reasons they do not move ex-tensively within the plant and are effective only where they contact plants. They are generally more effective on annual, herba- ceous plants, and seedlings. Perennial, woody plants can be defoliated by contact herbicides, but they quickly resprout from unaffected plant parts. Systemic herbicides. Systemic herbicides are ab- sorbed into the living portion of the plant and move within the plant. Different systemic herbicides are absorbed to varying de~ees by different plant parts. Systemic herbicSdes that are absorbed by plant roots are referred to as soil active herbicides and those that are absorbed by leaves are referred to as foliar active herbicides. Some soil active herbicides, tebuthiuron for example, are absorbed only by plant roots. Other sys- temic herbicides, such as glyphosate and triclopyr, are predominantly or only active when applied to and absorbed by the foliage. Others, such as imazapyr, are absorbed by both roots and shoots. When applied cor- rectly, systemic herbicides act slowly compared to con- tact herbicides. This slow activity allows them to move to their site of action within the plant (e.g., roots, leaves). Systemic herbicides are more effective for controllingmature woody plants than contact herbicides. Herbicide Selectivity Nonselective or broad spectrum herbicides. Nonselective or broad spectrum herbicides are those that kill all or most plants that they come in contact with. Many herbicides, such as tebuthiuron, hexazinone, glyphosate, and imazapyr that are effective for control- ling woody plants are broad spectrum and care must be taken to avoid damage to nontarget, desirable vegeta- tion~ However, broad spectrum herbicides can be used for selective weed control if special application tech- niques, such as frill or girdle treatments (described later), are used. These techniques insure the herbicide only contacts the target plants. Selective herbicides. Selective herbicides are those that control certain plants but not others. Triclopyr and 2,4-D are examples ofselect~ve herbicides that are most effective for controlling broad leaf plants (dicotyledons) while grasses and related plants (monocotyledons) are relatively tolerant. Therefore, certain woody plants can be controlled and a grass community preserved. Herbi- cide selectivity can be affected by the rate ofapplicaQon and growth stage of plan~s. Factors that affect suscep- t/bility of Australian pine, BraziLian pepper, Asiatic colubrina and melaleuca and nontarget native plants are currently under investigation. Environmental Fate of Herbicides Agcer application, herbicides may break down to nonbiologically active products, adsorb to soft, or move away from the application site unchanged Breakdown and adsorption may occur at different rates depending upon the herbicide's chemistry, soil characteristics, and other environmental factors. Since some of the herbi- cides that are used for woody plant control do not break down quickly and may move in Florida soils, damage to nontarget vegetation or contamination of groundwater may occur if proper precautions are not used. To avoid unwanted results, the herbicide applicator must be well informed of the chemical properties of the herbicide to be used and under what particular circumstances it should be applied. Always consult the herbic/de label for environmental precautions. Environmental Factors Affecting Herbicide Application Rainfall. Rainfall can wash foliar applied herbicide offbefore it is adequately absorbed into the pi .ainU) sion of suspended particles on spray equipment and the requirement for constant tank a~tation. The Herbicide Label All herbicide containers must have attached to them a label that provides instructions for storage and dis- posal, use of the product, and precautions for the user and the environment. The label is the law. It is unlawful to use a pesticide in a manner that is inconsistent with or not specified on the label It is unlawful to alter, detach, or destroy the label It is unlawful to transfer herbicide to an improperly labeled container. 1Vhsuse of a herbicide is not only a violation of federal and state law, but also herbicides used contrary to label directions may cause unwanted results such as damage to nontar- get vegetation. Make sure to have all appropriate labeis at the application site including supplemental labels, special local need labels and emergency use labels. The herbicide label contains a great deal of informa- tion about the product and should be read thoroughly and carefully before each use. Before applying a herbi- cide, read the label to determine the following: Can the weed be controlled with the product? Can the herbidde be used safely under particular application conditions? How much herbidde is needed? Is the product labened for the site, i.e., ditch banks only, canal banks, wetlands, etc.? What is the behavior of the herbicide on differen[ types of soils? What is the toxicity of the herbicide to fish and nontarget vegetation? When should the herbicide be applied (time of year, stage of plant growth, etc_)? Is the herbicide classified restricted or general use? What is the signal word (DANGER, WARN]2qG, CAUTION) and safety equipment that should be worn during raising and application? Read labels often even if vou use. t. he~ herbicide rou- tinely. You may have mi~ed so.mejhinf or it may .have char~ecL Labels are uvdated often. ~v indust~.. Herbicide Application Methods Basal bark applications. Basal bark applications are made by applying herbicide directly to the bark around the circ-mference of each stern/tree up to 15 inches above the ground (Figure 2). Hand-held equip- ment or backpack sprayers are usually used. The her- bicide is sometimes in a ready-to-use form, but is usually diluted in some carrier, such as diesel fuel, kerosene, or mineral oil. Foliar applications. Foliar applications are usu- ally made by diluting herbicide in water and applying to the leaves with aerial or ground equipment (Figure 3). Dilution is usually about 20:1 for aerial applications :1 when making ~ound applications for woody plant control. Adjuvants such a~ surfactants', ~ conWol agents or other spray modifiers are often added tn the spray mix. Ground equipment ranges from hand-held sprayers for applications to small individual plants to large high pressure vehicle or boat-mounted sprayers for larger vegetation. Foliar applications can either be directed, to minimize damage to nontarget vegetation, or broadcast. Broadcast applications are used where damage to nontarget vegetation is not a concern or where a selective herbicide is used. Frill or girdle (some~hnes called hack-and- squirt) applications. Cuts, into the cambium, are made completely around the circumference of the tree with no more than 3-inch intervals between cut edges. Overlapping and continuous cuts (girdle) are, some- times, used for difficult-to-control species and large trees (Figure 4). Do not make multiple cuts directly above or below each other because this will inhibit movement of the herbicide. Incisions should be angled downward to hold herbicide and must be deep enough to penetrate the bark and cambium layer. Herbicide (concentrated or diluted) is applied ta each cut un~il the exposed area is thoroughly wet. Frill or girdle treat- ments are slow and labor intensive but some~nes necesshry in mixed communities to kill noxious vegeta- tion and minimize impact to desirable vegetation. To further minimize potential impact to desirable vegeta- tion, cuts can be wrapped with masking tape to prevent rainf~ll from washing herbicide to the soil. Injection. Special equipment (available from agri- cultural or forestry equipment suppliers) is used that delivers a measured amount of herbicide into the tree ~ank. Injections should surround the tree at intervals of 2-3 inches between edges. They may be made at any convenient height, usually 2-4 feet aboveground. St~,mp treatments. After cutting and removing large trees or brush, herbicide. (concentrated or diluted) is sprayed or painted on to the exposed cambium layer next to the bark around the eni~e circumference of the s~mp (Figure 5). Do not allow more than 1 hour to elapse between cut'ting and applying herbicide. Soil applications. Granular and pellet herbicide formulations canbe appliedby hand, hand-held spread- ers, specially designed blowers, or aerially. Soil-applied, liquid, flowable or wettable powder herbicide formula- tions can be applied with the same type of application equipment described for foliar applications or spot guns that can accurately del/ver a measured amount of herbicide. Marker dyes. Marker dyes are very useful for keep- ing track of what vegetation has been treated when making applications to large numbers of individual trees or stumps. Dyes are also a useful indicator of the applicator's efficiency of limiting herbicide contact with nontarget vegetation and personal contact. I I I i I I I i I I I I I i I I I I Botanical Descriptions and Control Recommendations for Australian Pine Brazilian Pepper Asiatic Colubrina and Melaleuca Herbicide Spike 40P Spike 20P Spike 80W . I I I I I i I I Application Method Frill/Girdle Injection Soil applied Comments Apply .4 tsp. (24 drops) of undiluted herbicide per inch of tree diameter to fdlL Do not exceed 3 galJacre. Apply .4 tsp. (24 drops) of undiluted herbicide per inch of tree diameter using special injection equipment. Can be applied by aedal application, backpack blower or by hand. Do not exceed 15 IbsJacre. W/l/k/lidos/robie vegetation where roots come in contactwith the herbicide. For spot treatments use the following application rates: Stem diameter (inches) Ounces 1/,,_2 1/4 3-6 1/2 7-12 1 12+ 2 Soil applied Soil applied Double above rates for Spike 4OP. Thoroughly mix 1 pound of product per gal. of water and apply 1 oz. of solution per 2-4 inch stem diameter. Keep agitated. Do not exceed 7.5 lb. product/acre. Will kill desirst~le veoetation where roots come in contac', with the herOic/de. Herbicide Spike 40P S¢ike 20P Snike 80W Application Method Frill/Girdle Injection Soil applied Soil applied Soil applied Comments Apply .4 tsp. (24 drops) of undiluted herbicide per inch of tree diameter to frill. Do not exceed 3 gal./acre. Apply .4 tsp. (24 drops) of undiluted herbicide per inch of tree diameter using special injection equipment. Can be applied by aerial application, backpack blower or by hand. Do not exceed 15 lbs/acre. Will kill desirable vegetation where roots come in contact with the herbicide. For spot treatments use the following application rates: Stem diameter finches) Ounces V4-2 V4 3--6 V2 7-12 1 12+ 2 Double above rates for Spike 40P. Thoroughly mix 1 pound of product per gal. of water ~nd apply 1 oz. of soluticn per 2-4 inch stem diameter. Keep agitated. Do not exceed 7.5 lb. product/acre. Will kill desirat~/e vegetation where roots come in core,ct with the herbicide.,~~~%) ! i I I ! 13 Herbicide Spike 40P Spike 20P Spike 80W Vetpar L Application Method Soil applied Soil applied Soil applied Sail applied Frill/Girdle Injec'Jon Comments Can be apptied by aerial application, backpack blower or by hand. Do not exceed 15 IbsJacre. Will kill desirable vegetation where roots come in contact with the herbicide. For spot treatments use the following application rates: Stem diameter finches~ Ounces V4-2 V4 3-6 V2 7-12 1 12+ 2 Double above rates for Spike 40P. Thoroughly mix 1 pound of product per gal. of wr, ter and apply 1 oz. of solution per 2-4 inch stem diameter. Keep agitated. Do not exceed 7.5 lb. produrYJacre. Will kill desirat~le vegetation where roots come in contact, with the herl~ic/de. Apply .4 tsp. (24 drops) of undiluted herbicide per inch of tree diameter within 6 inc,qes of base with spot gun. Do not exceed 3 gaL/acre. Will kill des~table vegetat~le where roots come in contact with the herbicide. Apply .4 tsp. (24 drops) of undiluted herbicide per inch of tree diameter to frill. Do not exceed 3 gal./acre. Apply .4 tsD. (24 drops) of undiluted herbicide per inch of tree diameter using spec'.al injection equipment. 15 I United States Department of the Interior FISH AND WILDLIFE SERVICE P.O. BOX 2676 VERO BEACH, FLORIDA 32961-2676 i August 2, 1996 i Mr. Thomas Frame City Manager City of Sebastian I1225 Main Street Sebastian, Florida 32958 IDear Mr. Thomas: The U.S. Fish and Wildlife Service (FWS) has received a copy of the Florida Scrub Jay Management Plan - Sebastian Airport Site, Sebastian, Indian River County, Florida submitted to your office by Carroll and Associates on June 16, 1996. We have completed our review of the management plan and find it to be acceptable pending receipt of the following information: 1. The time frame for implementation of the sequence of management actions; 2. A copy of the bum prescription; A copy of the exotic plant control activities, both mechanical and chemical (including the herbicides to be used); A copy of the monitoring plan, including the photo~aphic stations for identification for before and after treatment; and A resume of the biologist who will supervise the Management Actions. This resume should provide information, including past and similar experience, that indicates Ms/her qualifications for supervising such an activity.. We would like the oppommity to review the information mentioned above. In addition, we request you submit profess reports for the management actions for each year during the first three years, the fifth year, the tenth year, and then every, five years thereafter. These progress repons should include any observations of the federally threatened Florida sc,mb jay (Aphelocoma coerulescens coerulescens). Thank you for your cooperation in the effort to protect endangered and threatened species. have any questions regarding this project, please contact Diane Bowen at (561) 562-3909. cc: FGFW'FC, Vero Beach, FL FAA, Orlando, FL .Sincerely yours, ffice Ilia Quinones Federal Aviation Administration 4100 Trade Center St. Orlando, Florida 32827-5096 If you I I c I I Mr. Tom Frame City Manager I City of Sebastian 1225 Main Street Sebastian, FL 32958 Sebastian Airport Property Indian River County Dear Tom: SOCIATES 1160 38th Avenue Vero Beach, Florida 32960 407/569-0086 January 23, 1997 The following is a proposal to assist in carrying out a management plan for 3+ acres at the Sebastian Airport, and to perform scrub jay surveys on airport property likely to be affected by proposed leases and subsequent development. We previously performed a protected species survey, concentrating on the Scrub Jay for the northwest side of the Airport for the City of Sebastian in 1995. In 1996 we prepared the Management Plan which has been subsequently adopted and approved by the U.S. Fish and Wildlife Service. It is my understanding that the city is intending to perform the tasks required by the plan with it's own staff where possible. At our last meeting you had suggested that your staff would be providing me with a schedule and the tasks thought to necessarily be performed by a biologist. In the absence of this information, I have proceeded to prepare a proposal using my ideas as to the level of involvement of my firm in these management tasks. To ascertain the wishes of the U.S. Fish and Wildlife Service, I talked to Diane Bowen of that office. She was helpful and she felt that a biologist should be involved in overseeing all operations that would impact the threatened scrub jay. She included the clearing operation, debris removal, and exotic treatment and removal in that category. I interpret that to mean their should be involvement in getting the job started the right way and to review the completed task to determine whether it was completed properly. March is clearly the best month to perform scrub jay surveys, therefore I request that you at a minimum allow me to engage in the field time necessary to determine if scrub jays are using the management area and the lease area between Roseland Road and the runway in March. For the management plan tasks, I have typically included a 6 hour day to assure the tasks start out correctly, for each different operation to be carried out by city crews, and a 4 hour followup visit to ascertain whether the work is completed properly. My proposal is to provide a scrub jay survey for $2150, and management plan implementation support for $3825 for a total of $5900 for both actions. For this project in our home county we have waived charges for travel time and mileage. As in all our proposals these are not to exceed amounts. In addition, we can perform the tree marking in phase 1 of the clearing plan for $25 per hour and it would be expected to take 7 hours. (Total $175) Attached on the following page, you will find a cost breakdown. Call if you have any questions about or wish to discuss this proposal. Look forward to working with you. Sincerely, Protected Species Survey Orientation to property and set field stations Field scrub jay survey for 3+ Acre Mgt area Field scrub jay survey for lease area Review past reports, contact county staff biologists and write report for HOURS =4 hours = 7.5 hfs = 20 maps,and FWS = 7 hours TOTAL for Scrub Jay Survey Field Biologist 29.5 hrs @ 50/ hr Senior Biologist 9 hours @75.00/hr $1475 $675.00 38.5 hours Mileage (36 miles round trip x .25/mi x 5 = WAIVED Total scrub jay Field Survey $2,150.00 Manaqement Plan Implementation Management Plan tasks(initial Year) Exotic Control (typical 6 hfs startoff, 4 b_rs check) Australian Pine 10 hrs Melaleuca 8 hrs Brazilian Pepper 10 hfs Clearing (first Phase) 10 hrs Firebreak construction 4 hfs Photography Stations Set Up and initial 4 hfs Revisit after first management actions 2 Coordination with FWS, city and Water Mgt Dist3 Senior Biologist 51 hours @ 75/hr. = $3,825.00 Mileage (36 miles round trip x .25/mi x 8 = (70 miles round trip x .25/mi.x 1 = WAIVED 17.50 Total $3,842.50 I I I , I City of Sebastian 1225 MAIN STREET [] SEBASTIAN. FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Vacation of Street Rights- of-way in Sebastian Highlands Unit 17 (Sebastian Island) pursuant to agreement with Cornerstone Select Homes Inc. Approval for Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: Dept. Origin: Community Dev. Date Submitted: For agenda Of: Exhibits: 1. Map 2. 2~6~97 2112197 Ordinance 0-97-42 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On January 15, 1997, the City Council Approved an agreement with Cornerstone Select Homes, Inc. concerning the establishment of a private subdivision in a portion of Sebastian Highlands Unit 17 (map attached). The City agreed to vacate several streets within that area. Ordinance 0-97-42 vacates the streets as agreed to by that agreement. RECOMMENDED ACTION Approve the first reading of 0-97-42 and schedule a public hearing and second reading for March 5, 1997 TRACT R TRACT S (PARCEL FI) 2 I t 3 ] t4 TRACT P CL TRACT L TRACT K TRACT M TRACT i'RACT F ORDINANCE NO. 0-97-42 A~N ORDINANCE OF THE CTTY OF SEBASTL~N, INDIAN RIVER COUNTY, FLORIDA, VACATING ITHACA AVENUE FROM EM~PRESS AVENUE TO SPRING VALLEY AVENUE, EMPRESS AVENUE FROM SC~ WATERWAY TO SPRING VALLEY AVENUE, SPRING VALLEY AVENUE FROM EMPRESS AVENUE TO THE NORTH LINE OF LOT 21, BLOCK 594, SPRING VALI.EY AVENUE FROM ~ SOUTH LINE OF LOT 22, BLOCK 594 TO CRAWFORD DRIVE, ALEXIS STREET FROM SPRING VALLEY AVENUE SOUTH TO TH-E LIM1T OF PLAT, AND ALF_.XIS STREET FROM DAY DRIVE NORTH TO TRE LIMIT OF PLAT RIGHTS-OF-WAY; PROVIDING FOR RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiL1TY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, has determined that Ithaca Avenue fi.om Empress Avenue to Spring Valley Avenue, Empress Avenue fi.om the Schunann Waterway to Spring Valley Avenue, Spring Valley Avenue fi.om Empress Avenue to the north line of lot 21, block 594, Spring Valley Avenue from the South line of lot 22, block 594 to Crawf'ord Drive, Alexis Street from Spring Valley Avenue south to the limits of the plat, and Alexis Street from Day Drive north to the limits of the plat no longer serves the public interest and necessity; and WlT~REAS, the City Council of the City of Sebastian, Florida, has determined that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW TI:~REFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF TI~ CITY OF SEBASTIAN, FLORIDA, THAT: 0-97-42.DOC 1 Section 1. VACATION OF ROAD RIGITr-OF-WAY. The City hereby vacates the following rights-of way: A. Ithaca Avenue fi.om Empress Avenue to Spring Valley Avenue, more specifically described as follows: Beginning at the Southwest comer of Tract U, Block 598, said plat of Sebastian Highlands, Unit 17, run East a distance of 100.00 feet to the Point of Beginning, said point being the Point of Curvature of a curve concave to the Northwest; thence, along said curve having a radius of 25.00 feet, a central angle ofg0 degrees, an arc distance of 39.27 feet; thence, nm North a distance of 175.00 feet to the Point of Curvature of a curve concave to the Southeast; thence, along said curve having a radius of 100.00 feet, a central angle of 90 degrees, an arc distance of 157.08 feet; thence, nm East a distance of 1231.23 feet to the Point of Curvature of a curve concave to the Northwest; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, nm South a distance of 100.00 feet to the Point of Curvature of a curve concave to the Southwest; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, nm West a distance of 1231.23 feet to the Point of Curvature of a curve concave to the Southeast; thence, along said curve having a radius of 50.00 feet, a central angle of 90 degrees, an arc distance of 78.54 feet; thence, nm South a distance of 175.00 feet to the Point of Curvature of a curve concave to the Northeast; thence, along said O-97-42.DOC 2 O-97-42.DOC curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, run West a distance of 100.00 feet to the Point of Beginning Empress Avenue from the Schumann Waterway to Spring Valley Avenue, more specifically described as follows: Beginning at the Southwest comer of Tract U, Block 598, said plat of Sebastian Highlands, Unit 17; thence, mn East a distance of 1456.23 feet to the Point of Curvature of a curve concave to the Northwest; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, mn South a distance of 100.00 feet to the Point of Curvature of a curve concave to the Southwest; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, mn west a distance of 1456.23 feet; thence, run North a distance of 50.00 feet to the Point of Beginning. Spring Valley Avenue from Empress Avenue to the North line of lot 21, block 594, more specifically described as follows: Beginning at the Northwest comer of Tract W, Block 595, said plat of Sebastian Highlands, Unit 17, run East 100.00 feet to the Point of Beginning, said point also being the Point of Curvature of a curve concave to the Southwest; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, run South a distance of 175.00 feet to the Point of Curvature of a curve concave to the Northeast; 0-9%42 .DOC thence, along said curve having a radius of 100.00 feet, a central angle of 90 degrees, an arc distance of 157.08 feet; thence, run East a distance of 1206.23 feet to the Point of Curvature of a curve concave to the Northwest; thence, along said curve having a radius of 100.00 feet, a central angle of 90 degrees, an arc distance of 157.08 feet; thence, run North a distance of 748.82 feet to the North line of sa/d Lot 21; thence, run West 25.00 feet to the center line of Spring Valley Avenue; thence, mn South a distance of 26.97 feet; thence, mn West a distance of 25.00 feet to the Northeast comer of Lot 20, Block 598, said plat of Sebastian Highlands, Unit 17; thence, run South a distance of 721.85 feet to the Point of Curvature of a curve concave to the Northwest; thence, along said curve having a radius of 50.00 feet, a central angle ofg0 degrees, an arc distance of 78.54 feet; thence, mn West a distance of 1206.23 feet to the Point of Curvature of a curve concave to the Northeast; thence, along said curve having a radius of 50.00 feet, a central angle of 90 degrees, a radius of 50.00 feet, an arc distance of 78.54 feet; thence, mn North 175.00 feet to the Point of Curvature of a curve concave to the Southeast; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, mn West 100.00 feet to the Point of Beginning. Spring Valley Avenue from the South line of lot 22, block 594 to Crawford Drive, more specifically described as follows: Beginning at the Northwest O-97-42.DOC comer of Lot 31, Block 594 of said plat of Sebastian Highlands, Unit 17, mn South 19.76 feet to the Point of Beginning, said point being a point in the Easterly right of way of Spring Valley Avenue; thence, mn South 785.24 feet to the Southwest comer of Lot 22, Block 594 of said plat of Sebastian Highlands, Unit 17; thence, mn West 25.00 feet to the centerline of Spring Valley Avenue; thence, mn South a distance of 26.97 feet; thence, mn West a distance of 25.00 feet to the Southeast comer of Lot 21, Block 598, said plat of Sebastian Highlands, Unit 17; thence, North 706.95 feet to the Point of Curvature of a curve concave to the Southwest; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, mn East a distance of 75 feet to the Point of Beginning. Alexis Street from Spring Valley Avenue south to the limits of the plat, more specifically described as follows: Beginning at the Southeast comer of Lot 9, Block 595, of said plat of Sebastian Highlands, Unit 17, mn North 100.00 feet to the Point of Curvature of a curve concave to the Southwest; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, run East a distance of 100.00 feet to the Point of Curvature ora curve concave to the Southeast; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, run South 100.00 feet; thence, West 50.00 feet to the Point of Beginning. F. Alexis Street from Day Drive north to the limits of the plat, more specifically described as follows: Beginning at the Northwest comer of Tract O, Block 593, of said plat of Sebastian Highlands, Unit 17; thence, run South 165 feet to the Point of Curvature of a curve concave to the Northeast; thence, along said curve having a radius of 25.00 feet, a central angle ofg0 degrees, an arc distance of 39.27 feet; thence, West a distance of 100.00 feet to the Point of Curvature of a curve concave to the Northwest; thence, along said curve having a radius of 25.00 feet, a central angle ofg0 degrees, an arc distance of 39.27 feet; thence, North 165 feet; thence, East 50 feet to the Point of Beginning. Section 2. RECORDING. The City Clerk is directed to present this Ordinance to the Clerk of the Ckcuit Court for indian River County, Florida, for recording in the Public Records of Indian River County, Florida. Section 3. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. SEVERABII.ITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way atfec~g the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective upon adoption. O-97-42.DOC 6 PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, TI-frS DAY OF 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF TIIE CITY OF SEBASTIAN, FLORIDA, ON SECOND DAY OF ,1997. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise K Cartwri~t Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka I The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ,1997. FLORIDA CITY OF SEBASTIAN, By:. ATTEST: Kathtyn M. O~alloran, CMC/AAE (Seal) O-97-42.DOC 7 Louise tL Cartwright, Mayor Approved as to Form and Content: Valerie Settles City Attorney 0-9742.DOC $ City of Sebastian TELEPHONE (407),589-5,.'330 [] FAX {407)589-,.55?0 SUBJECT: Vacation of Adams Street Right-of-way Approval for Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: Dept. Origin: Community Dev. Date Submitted: For agenda Of: Exhibits: 1. Map 2. Ordinance 0-97-43 2/6/97 ~.2/12/97 (RM) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Service Leasing and Rental Corp. has requested that the City vacate the Adams Street right-of-way. This right-of-way is located west of U. S. Highway 1 and east of the Florida East Coast Railroad (map attached). Ordinance 0-97-43 vacates that right-of- way. RECOMMENDED ACTION Approve the first reading of 0-97-43 and schedule a public hearing and second reading for March 5, 1997 GOV. BLOCK C [ i/4 BLOCK A.G. ROSE S/D MAIN ST~ GOV. LOT 4 NE I/4 of SW I/4 SEC. VALENCIA ST, , PINEAPP E ST. Kli IARDEE S/D "B" ~ I '1 I SEC. CARROLL ROBERTS I SUBDIVISION I Ist ADDITIO. N TO I ITY OF SEBASTIAN REPLAT Of I BRADDOCK S/D I I I A; MARTIN SUBDIVISION I I RESUi~ EDG I "DGI ORDINANCE NO. O-97-43 AaN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING THE ADAMS STREET RIGHT-OF-WAY LOCATED WEST OF U. S. HIGHWAY 1; PROVIDING FOR THE RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, has determined that Adams Street located west ofU. S. Highway 1 no longer serves the public interest and necessity; and WHEREAS, the City Council of the City of Sebastian, Florida, has determined that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY TE[E CITY COUNCIL OF T1TE~ CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. VACATION OF ROAD RIGHT-OF-WAY. The City hereby vacates a 60 foot wide street called Adams Street from the westerly edge of U. S. Highway 1 to the easterly edge of the Florida East Coast Railroad right-of-way, the same being a distance of 286 feet, more or less. Section 2. RECORDING. The City Clerk is directed to present this Ordinance to the Clerk of the Circuit for Indian River County, Florida, for recording in the Public Records of indian River County, Florida. Section 3. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or pans of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Ordinance 0-9743 Vacation of Adams Street I Section 4. SEVERABILrrY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective upon adoption. PASSED BY TIlE CITY COUNCrL OF THE CITY OF SEBASTIAN, FLORID& ON FIRST READING, THIS DAY OF ) 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBAS~, FLORIDA, ON SECOND The foregoing DAY OF ,1997. Ordinance was moved for adoption by The motion was seconded by Councilmember Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise tC Cartwright Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ,1997. CITY OF SEBASTIAN, FLORIDA Ordinance O-97-43 Vacation of Adams Street 2 By: ATTEST: Kathryn M. O'Hailoran, CMC/AAE (Sea ) Approved as to Form and Content: Valerie Settles City Attorney Ordinance 0-97-43 Vacation of Adams Street Louise R. Cam~ght, Mayor City of Sebastian 1225 MAIN STREET L-'I SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-,.5330 [] FAX (407) 58%5570 SUBJECT: Cavorp Property Parking Improvements Approval for Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: Dept. Origin: Community Dev. (RMy Date Submitted For agenda Of: Exhibits: 1. 2. 02~6~97 ,, 02/!2/97 Memo re: Cavcorp parking Alternative site plans EXPENDITURE REQUIRED: A.MOUNT · BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City has been developing a plan for parking improvements on the Cavcorp property over the last several months. Attached is a memo summarizing the work completed, The City Council needs to adopt a site plan. The adopted site plan will then be forward to the consulting engineers for final engineering design, bid document preparation and bidding. RECOMMENDED ACTION Adopt a conceptual site plan for parking improvements on the Cavcorp property. City of Sebastian 1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 'rEt_EPHONE ( 61) 89- 330 [] FAX MEMORANDUM DATE: TO: FROM: SUBJECT: February 6, 1997 Mayor and City Council Robert j. MassareHi, Community Development Director Parking improvements on the Covcorp Property On October 22, 1996, the Citizen Advisory Task Force held a public meeting to gather public input on the design of the parking improvements on the Cavcorp Property. CRA Engineering, the City's consultants for this project prepared four alternative site plans based on the public input. Copies of the site plan alternatives are attached for your information. On January 6, 1997, the Citizen Advisory Task Force adopted a recommendation to the City Council concerning the design of the parking improvements on the Cavcorp property. A copy of the minutes is attached for your information. The Staff has prepared a fifth altemative based on the public input from the October 22, 1996, and the January 6, 1997, meetings as well as the recommendation from the Citizen Advisory Task Force. A copy of that alternative is attached for your information. The intent of the staffs proposal is to pave the driveways into the property. The entire property would remain grassed with buried concrete blocks or strips to delineate the parking spaces at the western end of the property. Along Fellsmere Road, the land development code requires a sidewalk. (Fellsmere Road is an arterial.) Between the sidewalk and the Cavcorp property, a hedge is proposed. Between the sidewalk and the pavement, clusters of trees (3 to 5 trees) connected by shrubs are proposed. Another possibility is that between the trees clusters segments of fences could be included. Along the Coolidge Street and Indian River Ddve's rights-of-way, tree clusters and scrubs are also proposed. The fence segments could also be included there. The staff's proposal meets the intent of the CATF recommendations by keeping the Cavcorp property green with minimal improvements. The landscaping is limited to the right-of-way and meets the intent of the landscape requirements of the Land Development Code. The proposal is consistent with the public input previously received.