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Home My WebLink About02081995 City of Sebastian 1225 MAiN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 8, 1995 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFO~TION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, 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-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Tom Kempf - Assembly of God - Riverside Church ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND O~ DELETIONSk - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. PROCL~TIONS AND/OR ANNOUNCEMENTS 95.034 Presentation of Plaque - Employee of the Quarter 4th Quarter 1994 (Backup Will Be Provided 2/8/95) 7. PUBLIC HEARINGt FINAL ACTION PGS 1-32 95.026 PGS 33-36 95.035/ 94.073 PGS 37-40 95.036/ 94.295 PGS 41-49 None. INTRODUCTION O__FNEW BUSINES,S BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) CONSENT Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A® Approval of Minutes - 1/18/95 Special, 1/19/95 Special, 1/25/95 Regular, 2/1/95 Workshop RESOLUTION NO. R-95-05 - Abolish National Voter Registration Act - Motor Voter Bill (City Clerk Transmittal dated 2/1/95, R-95-05) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENCOURAGING CONGRESS AND STATE LEGISLATORS TO ACT TO ABOLISH THE NATIONAL VOTER REGISTRATION ACT ("MOTOR-VOTER" BILL); PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-95-06 - Vickers Grove Subdivision Preliminary Plat (Director of Community Development Transmittal dated 2/1/95, R-95-06) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY SUBDIVISION PLAT FOR AN AREA KNOWN AS VICKERS GROVE SUBDIVISION; PROVIDING CONDITIONS FOR SUCH APPROVAL; PROVIDING AN EXPIRATION DATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF THE RESOLUTION. Bid Award - Trash Hauling and Disposal - City Vegetation - Henry Fischer and Sons, Inc. - $4.49 CY (Engineering/Public Works Transmittal dated 2/1/95, Bid Tabulation, Bid Documents) 95.037 PGS 51-53 10. 11. 12. 13. Carolyn Frey - Specimen Tree Removal Request - One 26" Pine - Lot 25, Block 61, Sebastian Highlands Unit 2 (Director' of Community Development Transmittal dated 1/19/95, Application and Plot Plan) PRESENTATIONS COMMITTEE REPORTS/RECOMMENDATIONS OLD ~ - None NEW BUS~NESS 95.028 A. QR.DINANCE NO. O-95-01 - Tree Protection (Director PGS $$-70 of Community Development Transmittal dated 2/2/95, O-95-01) Reading, Hearing 2/22/95 1st Set Public AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XIV OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING TO TREE PROTECTION, BY DELETING THE EXISTING ARTICLE IN ITS ENTIRETY; PROVIDING DEFINITIONS; PROVIDING FOR THE APPOINTMENT OF AN ENVIRONMENTAL ADMINISTRATOR; REQUIRING PERMITS FOR REMOVAL OF CERTAIN TREES; REQUIRING SITE PLANS; PROVIDING FOR PENALTIES; ESTABLISHING REQUIREMENTS FOR PERMITS; ESTABLISHING APPLICATION PROCEDURES; PROVIDING FOR CREDITS FOR EXISTING TREES; ESTABLISHING CRITERIA FOR ISSUANCE OF PERMITS; PROVIDING FOR FORMATION OF A TREE ADVISORY BOARD; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 95.028 B. PGS 71-74 ORDINANCE ~O. 0-95-02 - Landscaping (Director of Community Development Transmittal dated 2/2/95, 0-95-02) 1st Reading, Set Public Hearing 2/22/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XIII OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING TO LANDSCAPE REGULATIONS, BY DELETING PORTIONS OF SEC. 20A-13.2; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 3 14. 15. 16. 17. CITY COUNCIL MATTERS A. Mr. Robert Freeland B. Mr. Frank Oberbeck C. Mayor Arthur Firtion D. Vice-Mayor Carolyn Corum E. Mrs. Norma Damp CITy ATTORN~ATTERS ~I?¥MANAGER MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO 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. 4 City of Sebastian 1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCrl, SPECIAL WORKSHOP WEDNESDAY, JANUARY 18, 1995 - 7:00 EM. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. No public input shall be allowed at a special meeting, other than during a scheduled public hearing, if any, unless otherwise provided in the meeting call. (R-93-19) ® Mayor Firtion called the Special Workshop Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran Director of Community Development Bruce Cooper t RIVERFRONT PROJECT REVIEW ,[Riverfront District History, '93 Riverfront Action Plan) The following citizens addressed the City Council under Public Input: Special Workshop Meeting. January 18, 1995 Page Two Tom Collins, 9301 A-l-A, Vero Beach; Charlie Stachel, 1698 Coral Reef, Sebastian; Dave Dabrowski, 1532 N. Indian River Drive; Ruth Sullivan, 1215 Indian River Drive; Amy Banov, President, Indian River chapter, Institute of Architects, and Virginia King, 375 Manley Ave., Sebastian. Each expressed their ideas and opinions and replied to various questions posed by members of the City Council. Discussion followed relating to parking spaces, private property owners' rights, architectural review committee, planner for the City, etc. Mr. Koford at the request of Vice Mayor Corum explained his request for consultants. Specifically for community development block grants and related type grants not necessarily a request for planners. He noted that it is necessary for him to receive as much professional assistance as possible, however it must be the right professionalism with no personal involvement. Mayor Firtion called a recess at 8:00 p.m. and reconvened the meeting at 8:10 p.m. Ail members were present. The Mayor called on the City Manager for his input. Mr. Koford explained to the City Council what has happened, what is happening and what he sees that is going to happen. He stated that the area of influence (district) should be from the North City limits to the South City limits and from the Railroad tracks to the River. The city has been approved and is to be funded for construction to be started this year, hopefully on the pedestrian walkway from south city limits to north city limits on the east side of Indian River Drive. He discussed the erosion problem, and a project in conjunction with the SWiM Committee which will restore, recapture some of the land that the City has lost, and also ground work to prevent future erosion. An observation deck with a small fishing pier approximately 60 feet is also proposed. He noted that the Community Redevelopment grant could be applied to this project in total. There is also a grant called the Economic Development Grant which may be applied for, which the consultants will explain to the Council at a later date. He stated he did not feel it necessary to have a planner on board full time to start off, but did need professional planning assistance. Special Workshop Meeting January 18, 1995 Page Three Mr. Koford elaborated on a Sector Analysis as opposed to a Needs Analysis. He also explained his "attention getters". He noted that the KEY is to tell people not what they can do but what they CAN NOT do, but allow ingenuity to come into play. In closing he asked the City Council for their patience and understanding for the time being. He noted that there must be continuity continuously from the Council. Mr. Freeland submitted a position paper from Planning and Zoning Committee authored by Howard Goldstein for Mr. Koford's consideration. (See Attached). Tape II Side I (8:45 p.m.) Vice Mayor Corum questioned Mr. Koford's plans for hiring a professional planner. He stated a full time planner could not be justified at this time. He noted that there was a requirement on the Community Development Block Grant Program from HUD that there be a citizen task force involved in the target area. Being no further business to come before the City Council the meeting ADJOURNED at 8:55 p.m. Approved at the ,1995, City Council Meeting. Arthur L. Firtion Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 MINUTES i SEBASTIAN CITY COUNCIL SPECIAL MEETING THURSDAY, JANUARY 19, 1995 - 5:15 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. No public input shall be allowed at a special meeting, other than during a scheduled public hearing, if any, unless otherwise provided in the meeting call. (R-93-19) PURPOSE: SELECT A GRANT CONSULTANT Mayor Firtion called the Special Meeting to order at 5:15 p.m. The Pledge of Allegiance was recited. ~,OLL CALL City Council Present: Mayor Arthur Firtion Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck City Council Absent: Vice Mayor Carolyn Corum (excused) Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Clifton A. McClelland, Jr. Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Special City Council Meeting January 19, 1995 Page Two 4. SELECT & ~ CONS__~ The City Manager briefly explained the procedure for selection of Community Development Block Grant consultants. The following consultants made presentations to City Council. - Fred Fox, Fred Fox Enterprises, Inc. - Bud Clark, Clark, Roumelis and Associates, Inc. Following a brief discussion, motion was made. MOTION by Oberbeck/Damp I would move that we proceed with allowing Clark, Roumelis to make our application for this grant. ROLL CALL: Mrs. Corum - absent Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 4-0 (Corum - absent) Being no further business, Mayor Firtion adjourned the Special Meeting at 6:15 p.m. Approved at the , 1995, City Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET [::] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 25, 1995 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 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-93-19) Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. No Invocation. 4. ROLL CALL city Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: City Manager, Joel L. Koford City Attorney, Clifton A. McClelland, Jr. Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Administrative Secretary, Joanne Sandberg Regular City Council Meeting January 25, 1995 Page Two 5. A~END& MODiF~ICATIONS .(ADDITIONS AND;OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). None. 6. pROCLAMATIONS AND/OR ANNOUNCEME~S 95.015 A. ~CH 14, 1995 ELECTION MATTERS Proclamation - Callinq March 14, ~995 ~ Election Mayor Firtion read the proclamation calling the March 14, 1995 General Election. RESOLUTI.ON NO. R-95r01 - 3/14/95 General Election (City Clerk Transmittal dated 1/13/95, R-95-01) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 14, 1995, FOR THE PURPOSE OF ELECTING THREE (3) CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-95-01 by title only. MOTION by Damp/Freeland I move to adopt Resolution No. R-95-01. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 Regular City Council Meeting January 25, 1995 Page Three ~ ~ for Supervisor of Elections for Indian River County to Conduct ~lection ~ Clerk Transmittal dated 1/13/95) 95.016 MOTION by Freeland/Oberbeck I move to formally request the Supervisor of Elections of Indian River County to administer the March 14, 1995 general election. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 Appointment of Canvassinq Board Members by City Clerk ~ Clerk Transmittal dated 1,13195) Mayor Firtion accepted the appointment as member of the Canvassing Board. 7. PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. RESOLUTION NO. R-95-02 - Golf Course Rate Amendment - Decrease Non-Member Nine Hole Walking Rate (city Clerk Transmittal dated 1/19/95, R-95-02) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-94-46 PERTAINING TO GREENS FEES AT THE MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABiLiTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE° Regular City Council Meeting January 25, 1995 Page Four Mayor Firtion opened the public hearing at 7:05 p.m. and the City Attorney read Resolution No. R-95-02 by title only. Mayor Firtion closed the public hearing at 7:06 p.m. MOTION by Oberbeck/Damp I'll move for the approval of Resolution No. R-95-02. Mayor Firtion requested a staff report on the results of the decrease. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - nay MOTION CARRIED 4-1 (Damp - nay) 8. QUASI-JUDICIAL HEARING Procedures for Quasi-Judicial Hearings as Follows (in accordance with R-94-54): - Mayor Opens Hearing - Clerk Administers Oath Staff Presentation Affected Parties May Question Staff - Applicant's Presentation - 15 Minutes Proponents' Presentation 3 Minutes* · Inquiry of Applicants - Opponents: Presentation - Affected 15 Minutes Other 3 Minutes* -Inquiry of Opponents - Informational Testimony - 3 Minutes* - Inquiry of Informational Witnesses Mayor Closes Public Information Period - Staff Response and Summary - Applicant's Rebuttal - 10 Minutes - Board and Staff Inquiry *If representing group of 5 or more - may take up to 10 minutes 4 Regular City Council Meeting January 25, 1995 Page Five 94.248 A. ORDINANCE NO. O-94-~3 ~ Airport Re.~onin~ Public Hearing Rescheduled from 12/7/94 (Director of Community Development Transmittal dated 11/29/94, O-94-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY LOCATED AT THE SEBASTIAN MUNICIPAL AIRPORT FROM IN (INDUSTRIAL DISTRICT) TO AI (AIRPORT AND INDUSTRIAL FACILITIES DISTRICT); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Firtion opened the quasi-judicial hearing at 7:08 p.m., the City Attorney read Ordinance No. O-94-13 by title only, and the Deputy City Clerk administered an oath to the Director of Community Development, who gave a brief presentation. Mayor Firtion closed the quasi-judicial hearing at 7:10 p.m. MOTION by Oberbeck/Freeland I would move for the adoption of Ordinance No. O-94-13. Vice Mayor Corum inquired about the description of the subject strip of land. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 5 Regular city Council Meeting January 25, 1995 Page 95.017 B. Richard Fey ~ Reauest for Special Use Permit ~ s_~ (Director of Community Development Transmittal dated 1/17/95. Amplicationo Kerr Letter dated ]~0_~Westerman Letter dated ~ ~!~ Letter dated ~/5/94, P & Z Memo dated 12~16/9~, Plans Under Separate Cover) Mayor Firtion opened the quasi-judicial hearing at 7:12 p.m., and the Deputy City Clerk administered an oath to the Director of Community Development who presented the application for a sandmining special use permit on an overhead display. The Director of Community Development explained that this subject property had been previously denied by City Council for a mulching permit, was subsequently overturned on appeal, which in effect results in a standing approval for mulching with certain required conditions. He said one of the conditions was that there be no burning or sandmining unless a permit was requested to do so. The City Attorney advised that a sandmining application is before City Council, that there is, by virtue of a court decision, approval for a mulching special use permit for this property, and that the interconnection of those two uses has to be viewed in contemplating a decision. He said the applicant has the option of withdrawing the mulching permit or requesting a waiver of the condition relative to sandmining (Condition 8). City Council discussion followed on procedures for sandmining approval. The Deputy City Clerk swore in Wayne Westerman, engineer for applicant Richard Fey. Mr. Westerman offered testimony relative to design of the property. The City Attorney said the City needs to take notice of the court order and letters from Attorney Torpy dated July 11 and 15, 1994 and requested that Mr. Westerman clarify the applicants position with respect to condition ~8 regarding the prohibition against burning and sandmining. Mr. Westerman stated it was his understanding that in order to develop the site for the mulching operation, sandmining is required to excavate more than 5,000 cubic yards from the site. Regular city Council Meeting January 25, 1995 Page Seven TAPE I - SIDE II (7:47 p.m.) Mr. Westerman requested a waiver of condition #8 in the court order to permit the sandmining, said the project will take approximately one year, and said improvements will be made to Old Dixie Highway. The city Attorney advised that all conditions must be met prior to establishment of the mulching operation. Mr. Oberbeck noted that the applicant is requesting sandmining approval at this time to prepare the site for mulching and at the time he intends to begin the mulching operation he will be required to meet the conditions of the court order. The Director of Community Development recommended that the City Council impose a condition that the applicant comply with Indian River County requirements for the road. Mayor Firtion stated the proposal was incorrect due to the fact that there is no site plan. The City Attorney reiterated that there is an outstanding mulch approval that has to be considered, however, the sandmining and mulching have to be considered separately as to their impact and the application of the code on them, and that approval for sandmining can't be inconsistent with the current mulch permit. Mrs. Corum requested a fifty foot wide eight foot high berm on the west side of the property and establishment of a height limitation for piles. Mr. Westerman concurred with the conditions. Mayor Firtion inquired whether any sand had recently been removed from this site in the past three to four months. The Director of Community Development responded that sand was brought in to level out the area and removed to another location but no fresh excavation had been done. 7 Regular City Council Meeting January 25, 1995 Page Eight Mayor Firtion called recess at 8:25 p.m. and reconvened the meeting at 8:32 p.m. Ail members were present. Mayor Firtion closed the quasi-judicial hearing at 8:33 p.m. The Director of Community Development recommended approval based on P & Z conditions and statements made by the applicant's engineer. TAPE II - SIDE I (8:42 p.m.) The City Attorney advised that the record include the application, court order, and July 11th and 15th letters from Attorney Torpy. Mayor Firtion recommended certain conditions and Mr. Freeland noted that another sandmining project was in operation adjacent to the subject site. MOTION by Oberbeck/Freeland I move that we approve to have the City Attorney draft a resolution approving the sandmining permit subject to the conditions outlined by the Planning and Zoning Commission, stipulating that any stockpiling will not exceed the current highest point on the topo submitted with this request (elevation 32'), and the applicant is to establish an agreement with Indian River County regarding any special conditions which may be required for the use of Old Dixie Highway, the applicant is to meet the requirements as outlined in the letter of October 27, 1995 by Wayne. Westerman and we waive item ~9 as requested. MOTION was Seconded at this point. Mrs. Corum noted that the applicant's engineer had concurred with adding a 50' wide by 8' high berm on the west side. The city Attorney inquired whether the waiver of the condition in the court order relative to sandmining (condition #8) was included in the motion and Mr. oberbeck and Mr. Freeland concurred. Mr. Oberbeck then added establishing Saturday hours 9 a.m. to 4 p.m. Mr. Freeland concurred. Regular City Council Meeting January 25, 1995 Page Nine 10. Mrs. Damp recommended that the applicant either apply for a mulching permit or withdraw the mulching request. The City Attorney said the applicant is not obligated to withdraw the mulching approval, therefore, the City must act upon the current request by waiving the condition or denying the permit. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 INTRODUCTION OF NEW ~ ~Y THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) Keith Miller, 961 Riviera Avenue, Sebastian, spoke on certain problems in the City he has brought to staff for correction. John Kanfoush, 1437 Seahouse Street, Sebastian, said the Creative Playground is not in compliance with ADA rules. Sal Neglia, 461 Georgia Boulevard, Sebastian, discussed the "carnival" atmosphere of Council meetings. CONSEI~ AGE~DA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 1/4/95 Special Meeting, 1/4/95 Workshop, 1/11/95 Regular Meeting Regular City Council Meeting January 25, 1995 Page Ten 94.260 B. 95.014 C. 95.018 D. 95.019 E. 95.020 F. RESOLUTION NO. R-95-03 - Henry A. Fischer & Sons - Indian River Tree Recycling and Mulch - Special Use Permit (City Manager Transmittal dated 1/18/95, R-95-03) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT TO HENRY FISCHER AND SONS, INC. FOR A TREE RECYCLING AND MULCH FACILITY ON APPROXIMATELY 22 ACRES OF LAND; FINDING THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND iNTENT OF THE INDUSTRIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-95-04 - Authorizing Expenditure Not to Exceed $5,000.00 - Riverfront Planning Project (R-95-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AN EXPENDITURE NOT TO EXCEED $5,000.00 FOR A RIVERFRONT PLANNING PROJECT, TO BE ADMINISTERED BY THE CITY MANAGER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Easy Street Bikepath Bids - Reject Ail Bids and Rebid Project (Engineering/Public Works Transmittal dated 1/13/95, Bid Tabulation, Bid Documents) Bid Waiver - Concrete Pipe Installation - Side Culvert Ditch - Southern Culvert - $8,824.24 (Engineering/Public Works Transmittal dated 1/10/95, R-93-35, Application and Agreement Forms) Sebastian River High School Athletic Department - Request Use of Sebastian Municipal Golf Course as "Home Course" - Practice and Match Play - 2-3 Times Per Week After 2:30 p.m. Through May 5, 1995 (City Manager Transmittal dated 1/18/95, SRHS Letter dated 12/16/94) 10 Regular City Council Meeting January 25, 1995 Page Eleven 95.021 G. 95.022 H. Craft Club - Request Use of Riverview Park - 4/1/95 (4/2/95 Raindate) and 5/6/95 (5/7/95 Raindate) - Standard Conditions (City Clerk Transmittal dated 1/10/95, Deyter Letter) Sebastian Lions Club - Request Use of Riverview Park - Spring Steak Dinner - 4/8/95 - 3:30 p.m. to 6:30 p.m. - Standard Conditions (Director of Community Development Transmittal dated 1/17/95, Anderson Letter dated 1/11/95) The City Manager read the consent agenda. Mr. Freeland and Vice Mayor Corum removed items E and F. MOTION by Corum/Oberbeck I move to approve items A, By C, D, G and H. The City Attorney read titles for Resolution Nos. R-95-03 and R-95-04. Mayor Firtion then removed item B (R-95-03) due to a name on the public input signup sheet. Vice Mayor Corum changed her motion to delete item B. Mr. Oberbeck concurred. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 Item B Randy Mosby, engineer for applicant Henry A. Fischer, requested reconsideration of item 9 of Resolution.No. R-95-03 requiring site plan approval before Planning and Zoning. Mr. Oberbeck recommended that if conditions have been met there should be no delay in allowing the applicant to proceed. 11 Regular city Council Meeting January 25, 1995 Page Eleven The City Attorney advised City Council that affected parties will have to be noticed if the approval is amended, and the City Manager recommended the site plan go before the Planning and Zoning chairman for signature. Mr. Oberbeck suggested that the City Manager be requested to place the site plan on the February 2, 1995 Planning and Zoning agenda. City Council concurred. MOTION by Oberbeck/Freeland I would move that we approve item B of the consent agenda. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 Item Mr. Freeland expressed concern for bid waivers. TAPE II - SIDE II (9:30 p.m.) Vice Mayor Corum expressed concern for the City's costs for side swale culvert pipe installations. Mr. Oberbeck concurred that this needs further clarification. The City Manager explained that this is a policy previously established by Council, however, City Council members discussed a need to look into the costs further. MOTION by COrum/Freeland I make a motion that we approve item E of the consent agenda. ROLL CALL: Mrs. Damp - nay Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 4-1 (Damp - nay) 12 Regular City Council Meeting January 25, 1995 Page Thirteen 95.024 95.025 11. 12. Item F Mr. Freeland stated that the bond covenant stipulates no free service, expressed concern for the time frame and suggested they discuss their request with Sandridge. The City Manager responded that the Golf Course Manager intended to treat it the same as Junior Golf which is considered promotion. MOTION by Freeland/Oberbeck I'd move to have the Golf Course Manager go back to the folks at the High School and see if he can't negotiate with them to try that (Sandridge) and then come back to us if they don't have any luck with Sandridge and the County. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - nay Mrs. Corum - aye Mrs. Damp - nay MOTION CARRIED 3-2 (Firtion, Damp - nay) PRESENTATIONS - None COMMITTEE REPORTS/RECOMMENDATIONS ae Handicapped ~.elf-Evaluation Committee (Human Resources Transmittal dated 1/17/95, Nalepa Resignation Letter, Schum Application) 1. Accept Resignation of Susan Nalepa Appoint Georqe $chum to Fill Unexpired Term to June 1996 MOTION by Corum/Freeland I make a motion to that effect (see titles above). ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 13 Regular city Council Meeting January 25, 1995 Page Fourteen 0~her gommittee Re~orts Vice Mayor Corum reported on today's Land Acquisition Advisory Meeting, stated they had voted to recommend purchase of the 66 acre industrial property rather than the Unit 17 single lots and requested concurrence to send a letter to Indian River County objecting to that decision. MOTION by corum/Oberbeck I make a motion to put the LAC meeting report on tonight's agenda. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Mr. Oberbeck reiterated Vice Mayor Corum's concern. Mayor Firtion noted the County is applying for a grant to purchase those properties. MOTION by Oberbeck/Freeland I would move to direct the City Manager to submit a letter to the County Commission requesting that they consider in lieu of purchasing the land to the north of City Hall formerly referred to the Julian Property or the Atlantic Gulf whatever its referred to as now and consider the purchase of the residential lots in down in Unit 17. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 14 Regular City Council Meeting January 25, 1995 Page Fifteen 13. OLD B~S, INES$ 94.292 A. 93.196 94.029 consSder AmendmeDt ~o Schedule ~ o~f ~ Lease Between Charles c~ay ~ and ~ of Sebastian (City Manaqer Transmittal dated 12ll/94. Second ~mendment to Lease} Mr. Oberbeck excused from 9:55 p.m. to 9:57 p.m. The City Manager corrected dates in Schedule "B" of the amendment to lease (February 7, 1995 changed to March 25, 1995 and April 8, 1995 changed to May 25, 1995) MOTION by Freeland/Damp I would move to approve the amendment Schedule "B" airport lease with the new dates of March 25 to May 25 and on the hangar and also the same dates on the modular office. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 Charles Clay Price Request to Ente.r Into New Sublease with Skydive Sebastian, Inc./Andrew J. Grimwade ~cit¥ Manager Transmittal dated ~ ~_~ ~ Letter, Proposed Sublease 10/3/94 Van Antwerp Letter, 1/26/94 Minutes Excerpt} The City Attorney advised amendment to the sublease as follows:' change typo "tis" to "its". The city Manager advised amendment to the sublease as follows: change "Skydive Sebastian" to "Skydive Sebastian of South Florida, Inc." and change "December 1994" to "January 1995". MOTION by Freeland/Oberbeck I'd move to approve the business sub-lease for Charles Clay Price the agreement to be entered on January 1995 by Charles Clay Price of Skydive Sebastian of South Florida, Inc. and in the first paragraph to change "fifty percent of tis outstanding" to "its outstanding". Regular city Council Meeting January 25, 1995 Page Sixteen 95.010/ 94.200 95.026 14. 15. ROLL CALL: Mr. Fr,,land - aye Mr. oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 ADDrove a~ 9f ~ ~ Tonnaae ~ Barber Street RR ~ ~ P~~ of F~orida, Inc. ~ $3,78~.00 - Postponed from 1/11/95 (public Works~En~in~erin~ Transmittal datgd 9~ FEC Ae_A_A_A_A_A_A_A_~~ SPECS. FEC ~etters dated 6/17~4, 1/16/89. Cost ~ Mr. Oberbeck stated that he had spoken with Dickerson with the concurrence of the City Manager, and had reduced the price by $567.00 for a total cost of $5,827.70. MOTION by Freeland/Oberbeck I would move to approve the payment of the additional asphalt tonnage not to exceed $5,827.70 and thank Mr. Oberbeck for negotiating on behalf of the City. ROLL CALL: Mr. oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 NEW BUSINESS None. CITY COUNCIL MATT~R~ A. Vice-Mayor Carolyn Corum Abolish Motor-Voter Bill (corum Transmittal dated 1/19/95) Mr. Freeland excused from 10:04 p.m. to 10:06 p.m. 16 Regular City Council Meeting January 25, 1995 Page Seventeen 16. 17. 18. Vice Mayor Corum expressed concern for the motor voter bill and asked City Council concurrence to direct the staff to draft a resolution opposing. City Council concurred. B. Mrs.. No~a Damp None. C. M~. Robert Freeland None. D. Mr. Frank Oberbeck None. E. Mayor Arthur ~ None. CITY ATTORNEY I~TTERS None. CITY HANAGERM~TTERS None. Being no further business, Mayor Firtion adjourned the Regular Meeting at 10:04 p.m. Approved at the , 1995, city Council Meeting. Arthur L. Firticn, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 17 C ty o/ Sebastian MAIN STREET n SEBASTIAN, FLORIDA 32958 1225 FA 407 589-5570 TELEPHONE (,407) 589-5330 ~ X (, ) MINUTES / x~\ SEBASTIAN CITY COt II \ MEETING SPECIAL MY~ $DAY, JANUARY 19, 1995 - ~5 P.M. CITY cOUNCIL 1225 STREET, r ALL PROPOSED BELOW MAY CITY HALL, IN THE ON ITEMS OF THE CITY CLERK, ;ASTIAN, FLORIDA. other than during a scheduled public No public input shall be allowed at hearing, if any, unless otherwise meeting call. (R-93-19) I CONSULTANT pURPOSE ~ SELECT ]% Mayor Firtion 5:15 p.m. the special Meeting to order at ice was recited. 2. The Pledc 3. ROLL ~ ' city Co nell Present: N . . · Mayor Arthu~Flrtlon /~ Mrs. Norma Damp _ Mr. Robert Fr,.land / Mr. ~ra.. o'er~k , C y council Absent._. __ ~.~ corum (excused) C~ty ( vice ~ayor ~a~.~-- - . Manaqer, joel ~.- Koford /-. ~ ~sent city gerL ~.~ O,Halloran / Stax~ r~ ' citY clerk, ~a~_~l ~ ~cClelland, / £i~ Attorney, C11~__~ ~- "o ment, Jr. Special City Council Meeting January 19, 1995 Page Two The City Manager briefly explained the procedure for selection of Community Development Block Grant consultants. The following consultants made presentations to City Council. -Fred Fox, Fred Fox Enterprises, Inc. - Bud Clark, Clark, Roumelis and Associates, Inc. Following a brief discussion, motion was made. MOTION by Oberbeck/Damp I would move that we proceed with allowing Clark, Roumelis to make our application for this grant. ROLL CALL: Mrs. Corum - absent Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 4-0 (Corum - absent) 5. Being no further business, Mayor Firtion adjourned the Special Meeting at 6:15 p.m. Approved at the , 1995, City Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 2 City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNF~DAY, FEBRUARY 1, 1995- 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND iNFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 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-93-19) Introduction of New Business from the Public shall not be allowed at City Council Workshops (R-93-19). Mayor Firtion called the workshop to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: City Manager, Joel L. Koford City Attorney, Clifton A. McClelland, Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Clerk, Linda Galley Jr. City Council Workshop February 1, 1995 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR ~ Items not on the written agenda may be added only upon unanimous consent of the council members present (Resolution No. R-93-19). None. 5. NNO C .MZ TS Mayor Firtion stated that the meeting would follow Roberts Rules of Order, that rotation of City Council names would be followed for each item as listed on page two of the agenda and that members should address the chair. 6. WORKSHOP ITEMS 95.027 Health Insurance Benefit Policl Amendment (City ManaGer Transmittal dated ~ The City Manager reiterated his proposal to allow health benefits for part-time employees under certain conditions. He noted that the last paragraph under "Summary Statement" no longer applies (see transmittal attached). Keith Miller, 961 Riviera Avenue, Sebastian; Richard Taraka, 1320 Coverbrook Lane, Sebastian; and A1 Vilardi, 445 Georgia Boulevard, Sebastian, all objected to the proposal. City Council discussion followed and alternative methods were suggested. Mayor Firtion asked for a consensus on the proposal presented tonight and stated that if not approved, the point is moot. The City Manager said there is a current contract with Blue Cross/Blue Shield that specifies certain conditions, and that if City Council wishes to change the contract a new proposal would have to be prepared. Consensus poll on the City Manager's proposal: Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - nay Mr. Oberbeck - nay Mayor Firtion - aye FAILED 2-3 (Corum, Freeland, Oberbeck 2 - nay) City Council Workshop February 1, 1995 Page Three 95.020 B. Discussion and Give Direction - SebastiAn River HiGh ~ Utilization of Sebastian MuniciDal Golf ~ourse (No BackuD~ Thomas Wojciekowski, Peterson Street, Sebastian; and A1 Vilardi, 445 Georgia Boulevard, Sebastian addressed City Council on the request. Mayor Fir, ion recommended that City Council support the request. He reminded City Council that the bond allows promotion of the Golf Course and personally offered the $125 fee for range balls. Mrs. Damp concurred with the request; Mr. Freeland stated, subsequent to receipt of further information, he concurred with the request; TAPE I - SIDE ii (7:46 p.m.) Mr. Oberbeck concurred as long as there was no violation of the bond covenant to which the City Manager responded that it is the prerogative of Council to determine whether the use provides publicity and whether the use jeopardizes the City's status with he bond holders. Michael Stutzke, Athletic Director, Sebastian River High School, gave a brief presentation on events leading up to this request and said the maximum amount of players on the course at any one time would be twelve. Mayor Firtion urged approval and Vice Mayor Corum concurred with the request. It was the consensus of City Council to approve the request as originally requested. Mayor Firtion called recess at 8:00 p.m. and reconvened the workshop at 8:07 p.m. Ail members were present. 95.028/ 94.122 Review Ordinance Nos. O-95-01 - Tree Protection and 0-95-02 ~ Landscaping (Previously 0-94-06 and 0-94-05) ~ O-95-02) Keith Miller, 961 Riviera Avenue, Sebastian; John Kanfoush, 1437 Seahouse Street, Sebastian; Charlie Stachel, 1698 Coral Reef Street, Sebastian; and Thomas Wojciekowski, 425 Peterson Street, Sebastian; addressed the proposed tree ordinance. City Council Workshop February l, 1995 Page Four Mrs. Damp recommended imposing a penalty, replacement of like kind trees, assurance that the homeowner receives the homeowner packet, and addition of lot sizes. She said she hoped that Planning and Zoning's recommendation would be considered at some future time if the ordinance is adopted now. Mr. Freeland concurred with language as proposed. Mr. Oberbeck agreed that the packet should go to the owner of record and inquired about whether "or equal to" should replace "or greater than" in 20A-14.12 (4). Mayor Firtion recommended stricter penalty provisions in 20A-14.9, stated that the ordinance is inadequate, however, needs to be put on the books and hoped that further review of Planning and Zoning recommendations are addressed. Vice Mayor Corum said the ordinance still does not prevent clear cutting and recommended that people who wish to remove a tree which is not permitted have the option of paying a fee of approximately $200 to remove it; TAPE II - SIDE I (8:39 p.m.) Attorney Tim Williams said an impact fee might be allowable if a determination was made as to the cost to the community for tree replacement, however, problems could exist in setting a blanket fee. Vice Mayor Corum recommended setting a specific penalty for violations of the tree ordinance. She read from a Brevard County ordinance and the City Manager recommended she turn it over to the City Attorney. She also recommended formation of a "Tree Advisory Board", since it is required for the City to obtain the designation as a "Tree City". She requested language relative to removal of Australian Pines and Brazilian Peppers. The City Manager recommended that the proposal be adopted as presented and that other issues be looked at at a later date. Vice Mayor Corum recommended including scrub oaks (quercus family) at 1 1/2" DBH in the definition of protected trees and to also include them in the tree credits. 4 City Council Workshop February 1, 1995 Page Five Vice Mayor Corum recommended that the definition for Specimen Trees not exclude palms, that a provision requiring 12 trees for a 20,000 square foot lot be added to the requirement table and Mayor Firtion suggested using the table previously presented. City Council concurred with the old table. Mr. Freeland was excused from 9:05 p.m. to 9:07 p.m. Vice Mayor Corum recommended requiring twelve foot height for palm trees. Mr. Oberbeck reiterated the changes as follows: require the homeowner packet to go to property owner of record 2. add language to establish a Tree Advisory Board change to 14.12 (4) to "Trees that are added in order to satisfy the minimum requirements for the corresponding lot size shall be equal to Florida Grade Number i or greater, or the nursery standards established by the State of Florida Department of Agriculture and Consumer Affairs". add scrub oaks to the definition of protected trees and cumulative trees up to six inches diameter shall constitute a credit for one tree use the minimum tree requirement table previously distributed The city Manager recommended adding a Section 14.16 to establish the tree advisory board. City Council concurred. Vice Mayor Corum reiterated her request for a stricter penalty and 12 foot palms. No consensus.was reached on those suggestions. It was the consensus of City Council to proceed with the changes as discussed tonight. The Director of Community Development reported on tree costs and recommended that the diameter for replacement trees be measured at 18 inches rather than standard DBH. 5 City Council Workshop February 1, 1995 Page Six TAPE II - SIDE II (9:25 p.m.) City Council concurred. 95.029/ D. 94.263 Review Ordinance ~ Q-95-03 ~ Parkin~ .~D Residential Districts (City Manager Transmitta~ ~a~ed 1~26/95, 0-95-0~k The City Manager recommended further language to include fire lane and handicapped parking. Mr. Oberbeck recommended initial warnings and exceptions parking for special circumstances. City Manager said paragraph 6 can be amended. The The City Attorney suggested adding a provision to allow a special permit. Mr. Oberbeck suggested a provision allowing temporary parking for a certain time frame. Following further discussion, the City Manager said staff will readdress some of City Council's concerns relative to temporary parking and bring back amended language to another workshop. Mr. Oberbeck excused form 9:38 p.m. to 9:40 p.m. 95.030 Review Ordinance No. 0-95-06 - Two Versions - Requirement ~0 provide Formboard Survey for New Construction (See Transmittal Above. 2-95-06 A aD.d 0-95-06 ~ The Director of Community Development recommended concurrence with version B. Mr. Oberbeck recommended version A with a provision that a final survey be required on'all new construction. It was the consensus of City Council to go with version B with addition of a final survey. 95.031/ 94.264 Review Ordinance No. 0-95-04 - ~lannin~ and zoning chair and Vice ~ Terms Discussion took place on appointment of board secretaries. The City Manager said the City Clerk's appointment of any employee to any board would be a violation of the City code. City Council Workshop February 1, 1995 Page Seven It was the consensus of city Council to concur with the language as proposed, with the exception of changing "City Clerk" to "City Manager". 95.032/ G. Review Ordinance No. 0-95-05 ~ ~han~e Antic~e and 94.265 Second Hand Shops in CG to Permitted Use ~See Transmittal Above, 0-95-04) It was the consensus of City Council to concur with the language as proposed. 7. CITY COUNCIL MATTERS A. Mrs. Norma Damp None. B. Mr, Robert Freeland None. C. Mr, Frank Oberbeck None D. MaYor Arthur Firtign Mayor Firtion stated that he had received a tentative agreement from Brian Toland, U.S. Fish and Wildlife, to reduce the 180 required scrub lots to 160 and that Roland DeBlois will recommend their purchase to the County Commission. TAPE III - SIDE I (10:08 p.m.) He said Commissioner Fran Adams will attempt to place the purchase of those lots on a future buy. E. ~$~e-Mayor Carolyn Corum None. 8. CITY ATTORNEY MATTERS None. 7 City Council Workshop February 1, 1995 Page Eight 10. The City Manager requested that each City Council member submit a nominee for the Citizens Advisory Task Force for the Community Development Block Grant program. Being no further business, Mayor Firtion adjourned the workshop at 10:05 p.m. Approved at the , 1995, City Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 AGENDA FORM SUBJECT: Resolution No. R-95-05 - Abolish National Voter Registration Act Motor Voter Bill APPROVED FOR SUBMITTAL BY: City Manager: ) Agenda No. ) ) Dept. Origin cit~ Clerk~A ) for Vi.ce ) ~_~yor Corum ) ) Date Submitted 1/31195 ) ) For Agenda Of 2/8/95 ) ) Exhibits: R-95-05 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Vice Mayor Corum received the approval of City Council to direct staff to draft a resolution urging Congress and State Legislators to abolish the National Voter Registration Act (Motor Voter Bill). RECOMMENDED ACTION If City Council concurs with its content, adopt Resolution No. R-95-05. RESOLUTION NO. R-95-05 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENCOURAGING CONGRESS AND STATE LEGISLATORS TO ACT TO ABOLISH THE NATIONAL VOTER REGISTRATION ACT ("MOTOR-VOTER" BILL); PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Congress passed the National Voter Registration Act ("Act") in 1993, and the Act went into effect in the State of Florida on January 1, 1995; and WHEREAS, the Act is an unfunded federal mandate regarding states' voter registration; and WHEREAS, currently, in Florida, a valid voter registration may be obtained at motor vehicle, welfare, military recruitment, unemployment and other public service agencies, or by mail, without identification, proof of residence or proof of citizenship, requiring only an application with name, residence address, date of birth and signature; limits purging procedures; and allows name changes by mail without proof; and WHEREAS, the costs of setting up registration facilities at these various sites will not be funded by the federal government; and WHEREAS, the previous registration system, with safeguards in place to protect the elective process, has been severely undermined by this misguided legislation and opened the door to voter fraud; and WHEREAS, several states have either not enacted the National Voter Registration Act into law or have begun efforts to block the government from forcing compliance with the legislation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION ~ ABOLISH NATIONAL VOTER REGISTRATION ACT. The City Council of the City of Sebastian, Indian River County, Florida, strongly urges Congress and State Legislators to act to abolish the National Motor Voter Registration Act. SECTION 2. EFFECTIVE DATE. This Resolution shall become effective upon passage. The foregoing Resolution was moved for adoption by Council member councilmember vote, the vote was as follows: The motion was seconded by and, upon being put to a Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland Councilmember Frank Oberbeck This Resolution was duly passed and adopted by the City Council of the city of Sebastian, Indian River County, Florida, at its regular meeting on the day of , 1995. ATTEST: by: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney CITY OF SEBASTIAN, FLORIDA Arthur L. Firtion, Mayor 3 City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: RESOLUTION R-95-06, PRELIMINARY PLAT FOR VICKERS GROVE SUBDIVISION Approval for Submittal By: City Manager ,~/~,_ _ ~ ) Agenda Number: d/~,~.~'- 9~07~ ) ) Dept. Origin: Community D~velopment ) ) ) Date Submitted: ) ) For Agenda Of: ) ) Exhibits: ) ) 1. R-95-06 ) ) ) ) 2/1/95 2/8/95 EXPENDITURE AMOUNT APPROPRIATION REQUIRED'. BUDGETED: REQUIRED: SUMMARY STATEMENT At its regular meeting of May 18, 1994, the City Council approved the preliminary subdivision plat for Vickers Grove Subdivision. This resolution approves the preliminary subdivision plat subject to the applicant providing a complete set of construction drawings .for the improvements prior to actual construction and final plat. RECOMMENDED ACTION Move to approve Resolution R-95-06 for the preliminary subdivision plat known as Vickers Grove Subdivision. RESOLUTION NO. 95-i A RESOLUTION OF THE CITY OF SEBASTIAN~ INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY SUBDIVISION PLAT FOR AN AREA KNOWN AS VICKERS GROVE SUBDIVISION; PROVIDING CONDITIONS FOR SUCH APPROVAL; PROVIDING AN EXPIRATION DATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; ~tND PROVIDING FOR ANEFFECTIVE DATE OF THE RESOLUTION. WHEREAS, Henry Fischer and Sons, Inc., on or about December 3, 1993, applied for approval of a preliminary plat for a major subdivision in the City of Sebastian known as the "Vickers Grove Subdivision"; and WHEREAS, the applicant altered the plat as a result of the City staff's comments on certain utilities matters and resubmitted the preliminary plat plans on May 16, 1994; and WHEREAS, the City Council, on May 18, 1994, conducted a public hearing on the subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. APPROVAL OF THE PRELIMINARY PLAT. The City Council hereby approves the preliminary plat under the provisions of Section 20A-16.4(b) (4) (d) of the Land Development Code of the City of Sebastian. The preliminary plat is depicted in drawings dated November 23, 1993, by Randall Mosby, P.E., titled "Preliminary Plat for rickets Grove Subdivision" which has been filed with the City of Sebastian. SECTION 2. CONDITIONS: The applicant shall submit complete construction drawings to the City of Sebastian prior to the construction of the subdivision improvements and final plat approval. ~ECTION 3. ADDITIONAL CONDITIONS: The applicant must meet all of the technical requirements for the Land Development Code of the city of Sebastian in the submission of the final subdivision plat and the construction of the subdivision improvements. ~ECTION4. EXPIRATION DATE: The applicant shall complete all subdivision improvements and make application for final plat approval within eighteen (18) months of May 18, 1994, or the revocation of the approval of this preliminary plat may result. SECTION 5. SEVERABILITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION 6. CONFLICTS: Ail Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 7. EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. The foregoing Councilmember Resolution was moved for adoption by . The motion was seconded by Councilmember into a vote, the vote was as follows: and, upon being put Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Francis J. Oberbeck The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1995. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. city Attorney 3 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 '"' FAX (407) 589-5570 Hauling and Disposal ) ) ) ) ) Approved for Submittal By: ) ) City Manager 9 .~3~,. ')) ) Dept. Origin Date Submitted For Agenda of ENG/PW 02-01-95 02 -08-95 Exhibits: Bid Tabulation Copy of Bid documents EXPENDITURE REQUIRED: $4.49 CY AMOUNT APPROPRIATION BUDGETED: $10,000 REQUIRED: 0 SUMMARY STATEMENT Three bids were received for the trash hauling and disposal contract. Henry Fischer and Sons of Sebastian is the low bidder. A copy of the Bid tabulation sheet is attached. The City of Sebastian generates this debris through ditch cleanings etc. Trash will be picked up at various locations throughout the City. RECOMMENDED ACTION Move to award the bid for Trash hauling and Disposal to Fischer and Sons at $4.49 CY. BZDS DU~ Fischer and Sons L. I. Tree Service Sawmill Ridge BID TABULATION CiTY OF SKBASTIA~ January 1?th, 1995 2:00 P.M. AMOUNT $4.49 $4.99 $6.50 BZD FOP~ ~t~SH ~.~ING ~ DTSPOSA.~ DATE: BIDDER; City Clerk's Office Sebastian City Hall 1225 Main Street Sebastian, Fi, 32958 (407) 589-5330 JANUARY 3, 1995 The undersigned bidder proposes and agrees, if this Bid is accepted to enter into an Agreement with the City of Sebastian to furnish any materials and labor in accordance with the required specifications. 1. Trash hauling and disposal $ 4.49 CY SUBMIT YOUR BiD IN A SEALED ENVELOPE MARKED AS FOLLOWS: BID: TRASH HAULING AND DISPOSAL YOUR RESPONSE MUST BE SUBMITTED TO THE CITY CLERK'S OFFICE AT SEBASTIAN CITY HALL, 1225 MAIN STREET, SEBASTIAN, FL 32958, NO LATER THAN 2:00 P.M. ON TUESDAY, JANUARY 17TH, 1995. BTD · ~J~SH ~I~G ~ D'rsPos~ City Clerk's Office Sebastian City Hall 1225 Main Street Sebastian, Fi, 32958 (407) 589-5330 DATE: J~Y 3, 1995 BIDDER; The undersigned bidder proposes and agrees, if this Bid is accepted to enter into an Agreement with the City of Sebastian to furnish any materials and labor in accordance with the required specifications. 1. Trash hauling and disposal $~~___CY SUBMIT YOUR BID IN A SEALED ENVE~PE MARKED AS FOLLOWS: BZD: TRASH HA,ULZNGAB1DDZSPOS~ YOUR RESPONSE MUST BE SUBMITTED TO THE CITY CLERK'S OFFICE AT SEBASTIAN CITY HALL, 1225 MAIN STREET, SEBASTIAN, FL 32958, NO LATER THAN 2:00 P.M. ON TUESDAY, JANUARY 17TH, 1995. BID FORM TRASH HAULING AND DISPOSAL TO: City Clerk's Office Sebastian City Hall 1225 Main Street Sebastian, Fl, 32958 (407) 589-5330 DATE: JANUARY 3, 1995 BIDDER; Saw~ill Ridge Trucking Company 7402 North U.S. Highway C~e Vero Beach, FLorida 32967 The undersigned bidder proposes and agrees, if this Bid is accepted to enter into an Agreement with the City of Sebastian to furnish any materials and labor in accordance with the required specifications. 1o Trash hauling and disposal $ ~.~¢ CY SUBMIT YOUR BID IN A SEALED ENVELOPE MARKED AS FOLLOWS: BID: TRASH HAULING AND DISPOSAL YOUR RESPONSE MUST BE SUBMITTED TO THE CITY CLERK'S OFFICE AT SEBASTIAN CITY HALL, 1225 MAIN STREET, SEBASTIAN, FL 32958, NO LATER THAN 2:00 P.M. ON TUESDAY, JANUARY 17TH, 1995. NOTICE OF INViTATiON TO BID SEALED BIDS FOR TRASH HAULING AND DISPOSAL WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, IN THE OFFICE OF THE CITY CLERK, CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958 UNTIL 2:00 P.M. ON TUESDAY, JANUARY 17TH, 1995. BID ENVELOPES ARE TO BE MARKED AS FOLLOWS: BID: TRASH HAULING AND DISPOSAL The City of Sebastian is seeking bids from licensed contractors in the City of Sebastian to provide all material and labor with proper supervision for trash hauling and disposal of vegetation for the city of sebastian and to the extent of the work as described below: The contractor shall be properly licensed in the City of Sebastian and show proof of insurance to haul and dispose of vegetation which will consist of trees and large plants, muck and other debris that is typically removed from ditch bottoms. All material will be required to be disposed of in a legal manner with proof of such before the invoices can be approved for payment. Contractors interested in preparing a bid for the trash hauling contract may pick up or request a bid package and specifications from the City of Sebastian as indicated above. This request does not obligate the City of Sebastian to award the contract to any respondent or pay any costs incurred with the preparation of proposals submitted in response to this request. The City of Sebastian reserves the right to accept or reject any and all bids as a result of this request. All information and materials submitted in response to this request shall become the property of the City of Sebastian. The award of the bid will be based on the lowest bidder, ranked from lowest to highest. The contract will terminate on September 30, 1995 which may be continued at the City's sole discretion based on the performance of the contractor within the contract guidelines. A Contractor who is unable to provide the services within the City of Sebastian guidelines will be considered in breach of contract and the City will then be able to negotiate with the next lowest bidder on the bid list should any problems manifest during the contract year. I I i I I I I I I I I I '1 I I I I I I Any bids received without the Public Entity Crime Form or the Drug Free Workplace forms will be considered incomplete and immediately disqualified. Prospective bidders must contact the City Clerk'S office in person, by mail at the above address, or by telephoning (407) 589-5330 for bidding documents and specifications. Bids will be publicly opened and read aloud at 2:00 P.M. on Tuesday, January 17th, 1995, in the City ManaGer's Conference Room. The City reserves the right to reject any and all bids. BY: KATHRYNM. O'HALLORAN CITY CLERK CITY OF SEBASTIAN PUBLISH PRESS JOURNAL SATURDAY, January 7th, 1995 BID FORM TRASH HAULING AND DISPOSAL DATE: BIDDER; City Clerk's Office Sebastian City Hall 1225 Main Street Sebastian, Fl, 32958 (407) 589-5330 jANUARY 3, 1995 The undersigned bidder proposes and agrees, if this Bid is accepted to enter into an Agreement with the City of Sebastian to furnish any materials and labor in accordance with the required specifications. 1, Trash hauling and disposal $ ............ CY SUBMIT YOUR BID IN A SEALED ENVELOPE MARKED AS FOLLOWS: BID: TRASH HAULING AND DISPOSAL YOUR RESPONSE MUST BE SUBMITTED TO THE CITY CLERK'S OFFICE AT SEBASTIAN CITY HALL, 1225 MAIN STREET, SEBASTIAN, FL 32958, NO LATER THAN 2:00 P.M. ON TUESDAY, JANUARY 17TH, 1995. BID SPECIFICATIONS TRASH HAULING AND DISPOSAL DESCRIPTION OF WORK The successful contractor shall be capable of loading, hauling and disposing of vegetation that has been removed from the City's drainage ditches or Public Works Compound. The vegetative material would consist of trees, large plants such as wax myrtles, briars, muck and other debris that is typically removed from the ditch bottoms. The City will stockpile material in areas that will allow the contractor to gain access to load haul and dispose of the material. If any hazardous materials are encountered such as old car batteries, discarded tires or other materials not acceptable to the County landfill, then the City will separate this material and be responsible to dispose of it in a legal manner. The successful contractor shall be capable of responding to the City requesting trash be hauled within 24 hours from receipt of notice. Notice will be done by telephone and FAX to avoid any misunderstandings. If the contractor fails to respond within the required time frame then the City will utilize the other bidders to have the trash hauled at their unit price. Ail invoices to the City shall be accompanied by acceptable paperwork indicating the location of where the material was disposed. This is to assure that the disposal was done in a legal manner. If the invoice, submitted by the contractor, is not provided with the receipts, weight tickets etc, showing the location and date of disposal, then the City shall consider the contractor in breach of contract and the City shall not be obligated to pay the invoice. Trash loading, hauling and disposal will be on a CY unit price basis. The contractor shall indicate on the bidding form, the cost of loading hauling and disposal of trash of a dollar amount per CY as based on the inside dimensions of the bed of the truck. This will include all trucks of either rectangular or irregular shapes and does not include vegetation extended either above or beyond the back or the front of the bed of the truck. The contractor shall make adjustments to his unit price to include any areas utilized beyond the dimensions of the bed of the truck. Contractor shall list and identify all trucks by their truck number with the inside dimension of their bed identifying the total cubic yards of each truck that will be hauling trash for the City on a separate sheet of paper. All trucks provided by the contractor must be empty when responding to the City request for service. City of Sebastian 1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 13 FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE FOR CAROLYN FREY (BOMEOWNER) Approved For Submittal By: City Manager ~ ) ) Dept. Origin: Community Development ) (B~ ) Date Submitted: 1/19/95 ..... ) ) For Agenda Of: 2/8/95 ) ) Exhibits: Tree removal application and plot plan. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Pursuant to the City Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant, Carolyn Frey is requesting removal of one 26" specimen pine' tree, located at 598 Futch Way, Lot 25, Block 61, Sebastian Highlands Unit #2. Due to the deterioration of the tree and the branches from the tree hanging over the carport the homeowner is requesting permission to remove it. According to Richard Schofield, the inspector who inspected the tree requested to be removed, there will be more than seven trees left on the property if this tree is removed. RECOMMENDED ACTION Move to approve the removal of the specimen tree located at 598 Futch Way, Lot 25, Block 61, Unit #2. CITY OF SEBASTIAN / APPLICATION FOR CLEARING ~ND REMOVAL AND/OR RELOCATION OF'TREES LOT ,0., '~ .~.OC,~ .0..' ~/ ...........r ADDRESS. ~ ~ PHONE: ',',,,'.~-~ ?- SUB-CONTRACTOR: ADDRESS: ZIP: PHONE: . I certify that ali the foregoing information iu accurat, and Chat ail work will be done in compliance with the Land Development Code ( Article XlV ) Signature APPLICATION MUST INCLUDE: 1. On a survey, locate all specimen trees (20 inch diameter or more). Indicate which trees to be removed and/or relocated. Indicate the species of each tree. All specimen trees (20 inch diameter or more) to be removed or relocated must obtain the approval of the Sebastian City Co6ncil. A survey indicating all,improvements must be submitted in .relation to the removal of the specimen trees. Applicant must tag all specimen'trees with a bright ribbon around the tree approximately 6 feet above the grade. I I I I I I I '1 I I office Use Only SITE INSPECTION BY, ~,9 ~'~~, .... fj DATE, MUST OBTAIN CITY COUNCIL APPROVAL= YES:., ~ NO: IF YES, DATE OF CITY COUnCIL, APPROVAL: ~ATJ'O Ni' I~AI: sEBASTIAN .HIGHLANDS UNIT 2 ,/ City 1225 MAIN IDA 32958 589-5570 Agenda No. Dept. origin Date Submitted For Agenda Of Exhibits: O-95-01 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: REQUIRED: Communit~ 2/3/95 2181~ SUMMARY STATEMENT The City Council, at its February 1, 1995 workshop, reviewed submitted tree protection language and made certain amendments. City Attorneys Clifton McClelland and Tim Williams reviewed revised drafts and made some minor form changes and added additional definitions. The resulting Ordinance No. 0-95-01 is presented for first reading at this meeting and for scheduling of the public hearing on February 22, 1995. RECOMMENDED ~ Approve Ordinance No. O-95-01 on first reading and schedule the public hearing for February 22, 1995. ORDINANCE NO. 0-95-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER i COUNTY, FLORIDA, AMENDING ARTICLE XIV OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, i PERTAINING TO TREE PROTECTION, BY DELETING THE EXISTING ARTICLE IN ITS ENTIRETY; PROVIDING DEFINITIONS; PROVIDING FOR THE APPOINTMENT OF AN I ENVIRONMENTAL ADMINISTRATOR; REQUIRING PERMITS FOR REMOVAL OF CERTAIN TREES; REQUIRING SITE PLANS; PROVIDING FOR PENALTIES; ESTABLISHING REQUIREMENTS I FOR PERMITS; ESTABLISHING APPLICATION PROCEDURES; PROVIDING FOR CREDITS FOR EXISTING TREES; i ESTABLISI~ING CRITERIA FOR ISSUANCE OF PERMITS; PROV]I)ING FOR FORMATION OF A TREE ADVISORY BOARD; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF IORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that the proposed amendment to the Tree Protection Ordinance of the City of Sebastian is in the best interest of the citizens of the City of Sebastian and will promote public health, safety and welfare, through better control of flooding, soil conservation, air pollution, and noise; by encouraging reduced energy consumption; by conserving water; and in general make the City of Sebastian an healthier, safer, and more beautiful place in which to live. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. TREE PROTECTION ORDINANCE AMENDMENT. Article XIV of the Land Development Code of the City of Sebastian, pertaining to tree protection, is hereby amended in its entirety, as follows: "ARTICLE XIV TREE PROTECTION SEC. 20A - 14.1 Purpose and intent. A. Purpose. The purpose of this article is to establish protection regulations for trees within the City in order to better control problems of flooding, soil conservation, air pollution and noise and to make the City a healthier and safer place in which to live. B. Intent. The intent of this article is to encourage the protection of the maximum number of trees and of large specimen trees. It is further the intent that this article encourage in particular the protection of native ~xees of the City. SEC. 20A- 14.2 Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section: City: Shall mean the incorporated City of Sebastian, Indian River County, Florida. City Manager: Shall mean the City Manager or designee employed by the City authorized in writing by the City Manager to perform one or more of the duties of the City Manager, pursuant to this article. Clearing: Shall mean the land clearing activity which removes trees. Crown: Shall mean all branch parts including all stems, twigs and foliage. Department: Shall mean the Community Development Department. Developer: Shall mean a developer, builder or owner of property who clears or grubs land of a tree or trees, or a person who engages in any construction activity which may injure a tree and results in death of a tree within eighteen months of the injury. (DBH) Diameter At Breast Height: Shall mean the standard measurement of the diameter, in inches, of a single-stemmed tree measured at four and one-half feet (4 1/2') above grade. The DBH of a multi-stemmed tree shall equal the sum total of the diameter of all stems measured at four and one-half feet (4 1/2') above grade. 2 Director: Shall mean the Director of Community Development Department, or an employee authorized by the Director to perform one or more of the duties of the Director, pursuant to this article. Dripline: Shall mean an imaginary line along the ground which conforms to the perimeter of the crown of a wee as projected vertically to the ground. Environmental Administrator: Shall mean the City Official appointed by the City Manager to perform the duties specified within this Article. Grubbing: Shall mean the removal of any type of rooted vegetation from land by digging, raking, dragging or otherwise disturbing the vegetation or trees from land. Hazardous Tree: Shall mean a tree that, the Environmental Administrator, finds constitutes a hazard to life or to property as the tree is in imminent danger of falling, or is considered a hazard (i.e., a dead, diseased, broken, split, cracked, leaning or uprooted trees). Historic Tree: Shall mean a tree(s) which has been found to be of notable historic interest to the City, because of its age, type, size or historic association with the community and has been so designated by resolution of the City Council. Homeowner Packet: Shall mean those documents and informational pamphlets regarding the protection of trees and are available at the City Building Department for homeowners, property owner, contractors and developer. Land Clearing or Grubbing: Shall mean the removal by any means of any type of vegetation or trees from land, but does not include mowing, trimming or pruning so as to maintain vegetation in a healthy, viable condition. Landscape Earth Berm: Shall mean an earthen mound which is not greater that for (4) feet in height which is Sodded and planted with additional vegetation to meet the specifications of the required vegetative buffer classification. Landscape Materials: Shall mean vegetation, such as trees, ornamental palms' and native plants, which may be complemented by features including, but not limited to, sod and understory. Mulch, rocks and other similar materials may be used in conjunction with the planting of approved landscape materials. Landscaping: Shall mean the preservation or planting of vegetation to enhance the natural environment, pursuant to the provisions of this Section. Mangrove: Shall mean any specimen of the species Avicennia germinans (Black Mangrove), Laguncularia racemosa (White Mangrove) or Rhizo~hora Man~le (Red Mangrove). Native Vegetation: Shall mean any and all plant and tree species that are indigenous to the City of Sebastian. Person: Shall mean a natural person, trust, partnership, or corporation. Plot/Site Plan: Shall mean a dimensioned sketch plan showing the location of all structures, driveways, on-site sewage disposal facilities, waterbodies, existing trees and vegetative commmties identified by genus and size, proposed landscaping or other information as required by the City of Sebastian. Prohibited or Undesirable Exotic Trees: Shall mean the following five tree species, that ffpresent on the site are considered to be prohibited trees (or undesirable exotic) and are subject only to a verification inspection by the Department prior to removal. Under no circumstances shall any of the named tree species be deliberately introduced into the City and planted on public or private property; and any such action shall be deemed a violation of this article and shall be cause for assessment of penalty and damages for subsequent removal against said violator: B C. D. Ear tree (Enterolobium cyclocarpum); Chinaberry (Melia azedarch); Australian Pine (Casuarina spp.); Punk tree or cajeput tree (Mela~tleuca quinquemervia or Melaleuca leucadendron); Brazilian pepper (Schinus terebinthifolius) Protected Tree: Shall mean any tree of four inches D.B.H. or greater or any tree of of the Querens (oak) family of 1/2" D.B.H. or greater, that is not otherwise exempted herein. Protective Barrier: Shall mean a physical structure,such as protective bindings, braces or other similar non-injurious materials which effectively limit access to a protected area. Remove or Removal: Shall mean any act which will cause a tree to be damaged, decline or die within a period of eighteen (18) months, e.g., damage inflicted upon the root system by heavy machinery, or by changing the natural grade above the root system or around the trunk; damage inflicted on the tree, by excessive priming or the 4 application of any chemical, which permits infection or pest infestation or causes poisoning; or damage caused by other direct or indirect actions, including paving with concrete, asphalt, or other impervious material to within two (2) feet of the outside diameter of a tree. The terms "Remove or Removal", when applied to a mangrove shall mean the actual removal or causing the effective removal through damaging, poisoning or other direct or indirect actions resulting in death or decline of a mangrove, and shall also mean the removal of any part of a mangrove plant through priming, trimming, cutting, mowing or other direct or indirect actions resulting in the removal of any part of a mangrove plant. Recognized Knowledgeable Person: Shall mean an individual recognized by the City of Sebastian as being knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape architect, licensed landscape contractor, certified nurseryman or person having similar recognizable skills and experience. Root Pruning: Shall mean the cutting of tree roots for the purpose of moving a tree or facilitating nearby construction or landscaping. Specimen Tree: Shall mean any tree twenty (20) inches d.b.h, or more and shall include all red and black mangroves (Rhizophora Mangle and Avicennia Nitide) and exclude palm trees. Topping: Shall mean the removal of vertical leader stems on trees 5" DBH or greater. Tree: Shall mean any living self-supporting and erect, standing woody plant having at least one well-defined stem, is of a species which normally attains a minimum overall height at maturity of at least eight (8') feet in the Sebastian service area, and shall include, but not be limited to the region appropriate species listed and on file with the City Clerk, as adopted by resolution of the City Council and revised as required, from time to time. Tree Removal: (See Removal) Tree Survey: Shall mean a method of identifying by name and size all trees four (4) inches or greater in D.B.H. existing on each surveyed site. Undesirable Tree: (See Prohibited and Undesirable Exotic Tree). SEC. SEC. SEC. Verification: Shall mean confirmation by the City Manager or his designee that tree is historic, a specimen tree or an exotic tree. 20A- 14.3 Administration. a A. This section shall apply to all new single and two family residential construction within the City of Sebastian. Each lot where a single or two family residence is constructed must meet the minimum tree requirements established in Section 20A - 14.12 (3). Any applicant for a single or two family building permit must submit a plot/site plan which provides the City with reasonable assurances of compliance, with typ the minimum tree requirements. The provisions of Article XIII shall apply to other es of construction within the City limits of Sebastian. B. The plot / site plan which is submitted with an application for a building permit shall include as a minimum, the'following information: 20A - 14.4 Historic and Specimen Trees. All "historic trees" designated by Resolution of the City Council require a removal permit approved by the City Council; however, historic and specimen tree (s) designated as hazardous tree (s) by the Environmental Administrator which require mediate action may be removed after verification and obtaining approval from the City Manager. A specimen tree shall not be removed until a removal permit has been issued by the City Manager, or his designee. 20A - 14.5 Plot / Site Plan requirements for building permits. (1) Location of all present and proposed structures, driveways, parking areas and other planned areas; (2) Location and kind of all trees over four (4) inches in diameter measured four and one-half feet (4 1/2') from the ground, all protected trees, all specimen trees, and all historic trees, (3) All trees over one and one-half (1 1/2") inches of the Quercus (oak) family measured at four and one-half (4 1/2') from the ground. 6 The City official appointed by the City Manager to perform the duties of the Environmental Administrator shall be responsible for administering the provisions of this Article and shall direct, regulate and control the removal of all trees growing now or hereafter in the City. (4) Sec 20A - 14.10 shall apply for all trees to be removed, retained, or relocate& (5) Recorded deed indicating the current owner. SEC. 20A - 14.6 Tree protection Prior to grubbing, cleating or removing any trees within the City limits of Sebastian a person shall make application to the City Manager through the Department on a form prescribed by the Environmental Administrator. All prohibited or undesireable exotic trees must be removed by the developer at the time of cleating. The department shall provide to each permit applicant a "homeowners packet" that includes as a minimu~ information and techniques relating to the protection of trees during land preparation for construction or construction activities. The owner of the lot must sign the application which acknowledges receipt of a "homeowners packet" regarding tree protection. All protected trees, specimen trees and historic trees destroyed or removed without permit approval shall be replaced by a species of tree approved by the City Council. The City Council shall file a list of approved replacement tree species with the City Clerk and Environmental Administrator. The cost of replacing trees shall be incurred by the party responsible for the removal or destruction. Prior to development or construction activity, the developer shall erect suitable protection barriers around all trees to be preserved. It shall be unlawful to attach anything to a tree mink or stem having a diameter of four inches (4") or more DBH, other than protective wires, braces or other similar noninjurious materials. It shall be unlawful to remove any material or ground within a five - foot radius of any tree trunk or stem having a diameter of four inches (4") or more at DBH. The developer shall not cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a tree within the drip line of the any tree or groups of trees. SEC. 20A - 14.7 Exceptions to tree protection requirements. During the period of any emergency proclaimed by the Governor of the State of Florida, the City Council of the City of Sebastian or the Mayor of the City of Sebastian as provided within the City Ch....arter, all requirements of this Article may be temporarily suspended by the City Manager for the period of time required by private 7 or City work forces to remove hazardous trees or clear public thoroughfares. All properly licensed plant or tree nurseries shall be exempt from the provisions of this Article only in relation to the trees growing on the premises of the nursery and so planted or growing for the sale or intended sale to the general public in the ordinary course of the licensee's business. SEC. 20A - 14.8 Appeals. Any applicant for a tree removal permit aggrieved by a decision of the City Manager, the Director or the Environmental Administrator made pursuant to this Article may appeal in writing within ten (10) days of the decision to the City Council by filing with the City Clerk. The City Clerk shall inform the City Council of the appeal and shall schedule a hearing within fourteen (14) days of receipt of the appeal. SEC. 20A - 14.9 Penalty. Violation of any of the provisions of this Article or the conditions of a permit issued hereunder shall be unlawful, and any person violating any of the provisions of this Article or the conditions of a permit issued hereunder shall, upon conviction, be punished as provided in Section 1-10 of the City Code of Ordinances, and until such violation is rectified, the site plan approval shall be suspended and all development work shall cease until the site plan approval is reinstated by the City. SEC. 20A - 14.10 Tree removal permit requirement. It shall be unlawful for any person, directly or indirectly, to cut down, destroy, remove, relocate or effectively destroy through damaging any protected, specimen or historic tree situated on any real property or clear any lot or acreage located with the City, without first obtaining a permit as provided within these provisions. SEC. 20A - 14.11 Exemptions: The prohibited or undesirable Exotic trees outlined in Section 20A - 14.2, De£mitions, may be removed without a permit after receiving verification from the City Manager or his designee. SEC. 20A - 14.12 Application for a tree removal permit. Permits for removal, relocation or replacement of individual trees or groups of trees shall be obtained by furnishing a completed application for a permit to the Community Development Department. The application shall be accompanied with 8 a written statement indicating the reasons the applicant seeks to remove, relocate, or replace the trees and one (1) copy of an accurate legible plot/site plan drawn to the largest scale practicable to reveal the following: (1) The location of existing and proposed improvements, if any, including structures, paving and utility easements. (2) The minimum number of trees according to the lot size as designated herein. (3) Minimum Tree Requirements For Residential Building Lots M1NIMUM TREE REQUIREMENTS FOR RESIDENTIAL LOTS Lot Size: Souare Feet To 9,999 10,000 To 15,999 16,000 To 19,999 20,000 To 29,999 30,000 To 39,999 40,000 To More Minimum Number of Trees Five (5) Trees Seven (7) Trees Twelve (12) Trees Fifteen (15) Trees Eighteen (18) Trees Twenty (20) Trees (4) Trees that are added to a lot in order to satisfy the minimum tree requirements for the lot shall be equal to Florida grade number 1 or greater, utilizing the nursery standards established by the State of Florida Department of Agriculture and Consumer Affairs, and must be maintained by the homeowner, and replaced if necessary. The minimum height of each tree except citrus trees must be at least eight feet (8') and have a minimum diameter of one and one-half (1 1/2") inches measured at eighteen (18) inches above the finish grade. Citrus trees may be used provided that none is less than four feet (4') in height and the number shall not exceed three (3) or comprise more than 25%, whichever is greater, of the required minimum number of trees on the lot. (5) All existing trees that meet the following criteria may be applied towards meeting the minimum number &trees as required in subsection (3) above. CREDITS a. 2" - 5"dbh = 1 tree 9 over 5" - 10 dbh = 2 trees over 10"-20 dbh - 3 trees, over 20" -30 dbh = 4 trees over 30" dbh -- 5 trees b. Palm trees may be utilized on a one for one credit basis. A cumulative of oaks having a minimum of one and one-half (1 (1 1/2") inches DBH per oak tree may be utilized in the above credit formula. (6) At least 50% of all new required trees shall be of native species. SEC. 20A - 14.13 Fees. A non-refundable permit fee shall accompany each application for the processing, inspection, enforcement and administration of this Article. SEC. 20A - 14.14 Criteria for permit issuance. The City Manager or his desginee in the issuance of a permit for tree removal as required within this Article shall consider criteria as follows: (1) Necessity to remove trees which present a hazard or other unsafe condition to people, vehicular traffic or threaten to cause disruption to public services or public easements; (2) Necessity to remove trees which present a hazard to structures; (3) Necessity to remove diseased, or fallen trees or trees weakened by age, storm, or fire. (4) The extent to which tree removal is likely to result in damage to the property of others, public or private, including damage to lakes, ponds, streams, or rivers, drainage canals or swales; (5) Proposed landscaping improvement including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared; (6) Topography of the land and the adverse impact of tree removal on erosion, soil retention and the diversion or increased flow of surface water, which is necessary to use the land while conserving natural resources. 10 I i I I I I I I i i I I '1 I i I I I I (7) Good forestry practices, i.e., the number of healthy trees that a given parcel of land will support; (s) Necessity to remove trees in order to construct proposed improvements to allow economic enjoyment of the property, including; a. need for access around the proposed structure for construction equipment (maximum often (10) feet); b. need for access to the building site for construction equipment; c. essential grade changes; (9) Use of the land as permitted by the applicable zoning regulations. (10) The extent of any damage or hardship which would result to the applicant from a denial of the requested permit; (11) The species and size of the trees proposed for removal. SEC. 20A - 14.15 Application review. The City Manager or his desginee shall review and grant or deny the permit application within ten (10) working days af~er receipt of an application filed pursuant to this article. If the application is denied, the reasons therefor shall be in writing and attached to the application. In the event ten (10) working days have lapsed and the City Manager or his designee has not acted on the application, the application shall be deemed to have been granted. In the event a site plan is required to be submitted, then the application shall be submitted simultaneously as part of the site plan application and the approval period shall be as required for the. site plan review. A certificate of occupancy shall not be issued by the City for a residential unit without the applicant first demonstrating compliance with the provisions of Sec. 20A - 14.12 (3). SEC. 20A - 14.16 Tree Advisory Board There is hereby created a Tree Advisory Board which shall provide advice to the City Council as requested by the Council on care of trees on City property, preservation of ll historic trees, proposed planting of trees on City property, proposed amendments to the Tree Protection Ordinance, and such other matters as required by the City Council from time to time. The Tree Advisory Board shall consist of five (5) residents of the City, who shall be appointed by the City Council. Members shall serve without compensation. Initially, three 0) members shall be appointed to 2 year terms and two (2) members shall be appointed to 1 year terms. Thereafter, all appointments shall be for 2 year terms. Vacancies shall be filled by the City Council. Meetings shall be held at such places and times as specified by the City Council from time to time, and shall be open to the public, Section 2. CONFLICTS. All ordinances or parts of ordinance in conflict herewith are hereby repealed. Section 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 4. SEVERABIL1TY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remaining provisions of this Ordinance shall not be affected and it shall be presumed that'the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby I immediately upon its adoption. I The foregoing Ordinance causing said remainder to remain in full force and Section 5. EFFECTIVE DATE. This Ordinance shall become effective was moved for adoption by Council . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Frank J. Oberbeck The Mayor thereupon declared this Ordinance duly passed and adopted this . day of ., 1995. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 13 member I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public heating was held on this Ordinance at 7:00 p.m. on the ~ day of ,199 .__, and the following said public hearing this Ordinance was passed by the City Council. Approved as to form and content: Clifton A. McClelland, Jr. City Attorney Kathryn M. O'Halloran, CMC/AAE City Clerk 14 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA FORM SUBJECT: Ordinance No. 0-95-02 Landscape Regulations APPROVED FOR SUBMIT~.BY: City Manage~'/~/~. Agenda .o. OZ8 Dept. Origin Community DeveloD~: Date Submitted 2J3/95 For Agenda Of 2/8/95 Exhibits: 0-95-02 EXPENDITURE AMOUNT REQUIRED: N/A BUDGETED: APPROPRIATION REQUIRED: SI, J'IV~VIARY ~ The City Council, at its February 1, 1995 workshop, reviewed submitted tree protection language and made certain amendments. If adopted, Ordinance No. O-95-01 would create a conflict in Article XIII "Landcape Regulations" Section 20A-13.2. Therefore, that section must amended. Ordinance No. 0-95-02, amending Section 20A-13.2 is presented for first reading at this meeting and for scheduling of the public hearing on February 22, 1995. RECOMMENDED ACTION Approve Ordinance No. 0-95-02 on first reading and schedule the public hearing for February 22, 1995. I! ORDINANCE NO. 0-95-02' AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE Xlll OF TItE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING TO LANDSCAPE REGULATIONS, BY DELETING PORTIONS OF SEC. 20A-13.2; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABIL1TY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian City Council has adopted Ordinance 0-95-01, pertaining to tree protection within the City of Sebastian, and being applicable to all real property located within the City of Sebastian; and WHERE., the provisions of Ordinance 0-95-01 are duplicitive of the requirements of Article XIII, See. 20A-13.2 of the Land Development Code of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. Landscape Regulation Amended. Article XiIi, Sec. 20A-13.2, of the Land Development Code of the City of Sebastian, pertaining to the applicability of the landscape regulations is hereby amended as follows: "Sec. 20A- 13.2. Applicability. For all new construction other than single-family or two- family residences, the minimum standards for landscaping set forth in this article shall be applicable to all storage, parking, display, sales or accessory vehicular use areas when created or used in conjunction with new construction, remodeling enlargement requiring updated code compliance." Section 2. repealed. CONFLICTS. All ordinance or parts of ordinances in conflict herewith are hereby Section 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of the ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this ordinance is invalid or unconstitutional, the remaining provisions of this ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. its adoption. EFFECTIVE DATE. This ordinance shall become effective immediately upon The foregoing ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember being put to a vote, the vote was as follows: and, upon Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Council Member Norma Damp Council Member Robert J. Freeland Council Member Frank Oberbeck The Mayor thereupon declared this ordinance duly passed and adopted this ,1994. CITY OF SEBASTIAN, FLORIDA day of ATTEST: By: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this ordinance at 7:00 p.m. on the day of ,199..., and the following said public heating this ordinance was passed by the City Council. Approved as to form and content: Kathryn M. O'Halloran, CMC/AAE City Clerk City Attorney I I I I I I I I I I I I I I I I I I