The URL can be used to link to this page

Home My WebLink About01041995 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, JANUARY 4, 1995 - 7:00 P.M. CITY COUNCIL CHAMBERS 1.225 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: A. Continuation of Quasi-Judicial Hearing from 12/7/94 for Indian River Tree Recycling and Mulch - Request for Special Use Permit B. Sebastian Lakes Service Area Agreement C. Bid Waiver - Pine Street Resurfacing 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL OUASI-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 94.260 *If representing group of 5 or more - may take up to 10 minutes Indian River Tree Recyclinq and Mulch - Request for Special Use Permit ~ Continuation ~Director of Community Development Transmittal dated 11/29/94, Application, 10/10/94 P & Z Memo, 8/30/94 Dietz Memo, 8/5/94 Boling Memo, 8/3/94 Petty Memo, 8/2/94 Johns Memo, Plans Under Separate Cover) NEW BUSINESS 95.001 A. 95.002 B. Interlocal Agreement - City of Sebastian/Indian River County Re: Sebastian Lakes Service Area (Director of Community Development Transmittal dated 12/29/94, Proposed Agreement) Bid Waiver - Pine Street Resurfacing - Sole Source - Hi-Tech Reclamation - $4,505.00 - Mariana Asphalt - $2,156.00 (Engineering/Public Works Transmittal dated 12/28/94) 6. 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. PUBLIC iNPUT ON AGENDA ITEMS SIGNUP SHEET JANUARY 4, 1994 SPECIAL MEETING Use this form ONLY for input on items on the prepared agenda EXCEPT FOR PUBLIC HEARINGS which have their own signup sheets. Speakers will address City Council immediately prior to the deliberation of the item by the City Council (R-93-19) NAME : ADDRESS : ITEM NO : SUBJECT : NAME : ADDRESS : iTEM NO : SUBJECT : NAME : ADDRESS : ITEM NO : SUBJECT : NAME : ADDRESS : ITEM NO : SUBJECT : City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, JANUARY 4, 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. 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: A. Continuation of Quasi-Judlcial Hearing from 12/7/94 for Indian River Tree Recycling and Mulch - Request for Special Use Permit B. Sebastian Lakes Service Area Agreement C. Bid waiver - Pine Street Resurfacing Mayor Firtion called the Special Meeting 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 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 4, 1995 Page Two 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 94.260 Indian River Tree Recycling and Mulch_- Request for Special us.e Permit_- continuation (Director of Community Development Transmittal dated 11/29/94, Application, 10/10/94 P & Z Memo, 8/30/94 Dietz Memo, 8/5/94 Boling Memo, 8/3/94 Petty Memo, 8/2/94 Johns Memo, Plans Under Separate Cover) Mayor Firtion advised that the hearing will continue with "Board and Staff Inquiry"; and the City Attorney advised on procedures and noted that those people who offered testimony on December 7, 1994 are still under oath. The Director of Community Development responded to Mrs. Damp's inquiry relative to whether there was any reason to deny the request. Following a brief explanation of Special Use criteria he noted that the noise level reported during Robert Walker's testimony would be in violation of the Land Development Code. Mr. Freeland inquired about the definition of "temporary" as it applies to Special Use Permits, whether conditions imposed on a previous applicant for Special Use Permit should be imposed for all applicants and submitted a letter relative to conditions based imposed for the Fey mulch permit request (see attached). The City Attorney responded that it is up to City Council to decide the merits of 2 Special City Council Meeting January 4, 1995 Page Three those conditions based on the application and whether those conditions will substantially secure the objectives and intent of the zoning regulations and other components of the city's land use development controls, and suggested that all new materials be submitted to all substantially affected parties prior to conclusion of the hearing. Mayor Firtion called recess at 7:20 p.m. and reconvened the meeting at 7:32 p.m. Ail members were present. The letter to which Mr. Freeland referred was distributed to all affected parties who requested a copy and Mr. Freeland recommended striking items one, four, six and eight in the subject letter. Warren Dill, representing applicant Henry Fischer, opposed these procedures for establishing conditions due to the differences in the subject sites; remarked on each condition listed in the letter; and said another consultant had been hired to conduct a computer study to further review noise levels with buffers in place. Mr. Oberbeck suggested fencing the area of the mulching operation and Mr. Dill noted that there is 24 hour security on-site and that the berm will further deter access. Mr. Oberbeck suggested fencing the north side of the site. TAPE I - SIDE II (8:00 p.m.) Charles Cramer, employee of Fischer & Sons, Inc., addressed City Council noting that the grove area to the north will be left as is, providing a deterrent and buffer. Mr. Freeland inquired why the request is for a temporary use. Mr. Dill responded that the property is too valuable to be considered for permanent use as a mulch facility. The city Clerk administered an oath to Patricia K. Rykowski, Project Engineer with Harding, Lawson Associates, 4763 South Conway Road, Orlando, Florida, responsible for managing consulting engineering projects in areas of air, noise, pollution, hazardous waste, incineration, with a BS in mechanical engineering and seven years experience, testified Special City Council Meeting January 4, 1995 Page Three relative to a computer generated noise study of the subject site. Mr. Dill submitted a noise comparison chart and requested it be entered into the record as Exhibit 6. Mayor Firtion accepted this into the record. Ms. Rykowski reviewed the results of the "Comparison of Measured Sound Levels with Noise Criteria" and said, in her professional opinion, that the sound levels generated by the proposed mulching equipment will meet the sound level limit of the city of Sebastian Land Development Code Section 20A-7.4 (G) (9) and will not be detrimental to the public health, safety and welfare, noted that she used noise measurements from Empire Engineering for her study, and stated, when shown a copy of the site plan previously submitted to City Council, it does not show the berms as indicated to her by Henry Fischer. Mr. Dill stated that an additional cross section site plan was ready for submission, which was then entered as Exhibit 7. Henry Fischer, 755 South Fischer circle, Sebastian, said the berm on the north side will be moved back 600 feet and placed between piles of debris, and the grove on the north side will be left as is. Mr. Fischer agreed to a fence on the north side adjacent to Concord from FEC to Gilson Street. Charles Cramer said he concurred with a twenty foot space between debris piles and fire access between the berm on the east side and the mulch piles. In response to Vice Mayor Corum, Ms. Rykowski reiterated results of the computer noise study. TAPE II - SIDE I (8:45 p.m.) Mayor Firtion called recess at 8:50 p.m. and reconvened the meeting at 8:54 p.m. Ail members were present. Henry Fischer reiterated his commitment to erect a fence on the north side of the property from FEC right-of-way to the existing fence on the west side. Discussion continued on the best location and type of fence. 4 Special City Council Meeting January 4, 1995 Page Five Mr. Oberbeck requested a revised site plan be submitted to Planning and Zoning and city Council and discussion followed relative to the need for a revised site plan submittal. The City Attorney noted that a recommendation of Planning and Zoning was for the applicant to go through the site plan process. Mr. Oberbeck was excused from the meeting at 9:12 p.m. due to an emergency. The Director of Community Development suggested that the revised site plan be brought back to City Council with the resolution. Vice Mayor Corum disclosed, for the record, that someone called her and suggested a thirty day temporary permit, inquired whether they could speak tonight, inquired whether anyone was aware of any shooting in the area and was asked tonight if anyone was aware "it was a one-way road". The City Attorney recommended that the City Council articulate any conditions which should be attached to the approval of the permit and instruct him to return to Council with a resolution which contains the conditions. MOTION by Freeland/Damp I move to direct the Attorney to draw up a resolution approving the application with conditions described (as follows): Conditions (see letter from Richard Torpy to Joel Koford submitted by Mr. Freeland attached): Item #1 - was deleted Item #2 - The City Attorney suggested - "provide hard surface parking facility as delineated in the site plan" - Council concurred Item #3 - was deleted Item #4 - was deleted Item #5 - regarding a performance bond - Council reached a tie (no) vote Item #6 - was deleted Item #7 - required Item #8 - was deleted Item #9 - included Special City Council Meeting January 4, 1995 Page Six TAPE II - SIDE II (9:33 p.m.) Item #10 - City Attorney suggested the applicant will perform any grading of the site as required pursuant to the site plan - Council concurred Item #11 - provide on "north" side of property Item #12 - provide fence on "the northern property line of the site from east to west along Concord" Item #13 - was deleted Item #14 - included Item #15 - included Following some discussion, it was the consensus of City Council to require site plan approval by Planning and Zoning to ensure that conditions imposed are added to the revised site plan. Warren Dill stated, for the record, the applicant disagrees with that requirement. The city Attorney reviewed conditions. MOTION by Freeland/Damp I move to amend the motion to approve the conditions as outlined by the City Attorney. MOTION TO AMEND ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - absent Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 4-0 (Oberbeck - absent) MAIN MOTION ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - absent Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp ~ aye MOTION CARRIED 4-0 (Oberbeck - absent) Mayor Firtion called recess at 9:55 p.m. and reconvened the meeting at 10:00 p.m. Mr. Oberbeck had been previously excused. Special city Council Meeting January 4, 1995 Page Seven 5. NEW BUSINESS 95.001 A. 95.002 Interlocal A~reement - City of Sebastian/Indian River County Re: Sebastian Lakes Service Area (Director of Community Development Transmittal dated 12/29/94, Proposed Agreement) The City Manager stated that the Indian River County Commission approved this agreement on January 3, 1995, the agreement being the result of the utility agreement between the City of Sebastian and Sebastian Lakes from February 1994. MOTION by Damp/Corum I move to approve the Interlocal Agreement between the City and the Indian River County wastewater system to Sebastian Lakes. ROLL CALL: Mr. Oberbeck - absent Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-0 (Oberbeck - absent) Bid Waiver - Pine Street Resurfacing - Sole Source_- Hi-Tech Reclamation ~ $4,505.00 ~ Marianna Asphalt - $2,156.00 (Engineering/Public Works Transmittal dated 12/28/94) The City Manager briefly explained the request for bid waiver. Discussion took place on the drainage system on Pine Street. MOTION by Freeland/Damp I move to approve the bid waiver to Hi-Tech Reclamation in the amount of $4,505 and to Marianna Asphalt for asphalt oil in the amount of $2,156. ROLL CALL: Mayor Firtion - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mr. oberbeck - absent MOTION CARRIED 3-1 (Oberbeck absent, Corum - nay) Special City Council Meeting January 4, 1995 Page Eight Being no further business, Mayor Firtion adjourned the Special Meeting at 10:07 p.m. Approved at the Kathryn ~. City Clerk 1995, City Council Arthur L. Firtion, Mayor 8 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, JANUARY 4, 1995 - FOLLOWING 7:00 P.M. SPECIAL MEETING 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 re..3pect 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 Buxiness from the Public shall not be allowed at City Council 14brkshops (R-93-19). 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 5. ANNOUNCEMENTS 95.003/ 94.268 95.004/ 94.268 WORKSHOP ITEMS A. Establish city Council Policy Regarding: (No Backup) 1. Street Closings 2. Park Events - Use of Parks B. Discuss Options for the Following: (No Backup) 95.005 1. Riverfront Parking 95.006 2. Comprehensive Land Use Plan Schedule 95.007 3. Future Workshop Sessions for Review and Revision of Outdated City Code of Ordinances 95.008 C. Direct City Attorney to Draft Ordinance Re: Minor Subdivision Plats (Director of Community Development Transmittal dated 12/29/94, P & Z Memo dated 12/2/94, Proposed Language) 7. CITY COUNCIL MATTERS A. Mayor Arthur Firtion B. Vice-Mayor Carolyn Corum C. Mrs. Norma Damp D. Mr. Robert Freeland E. Mr. Frank Oberbeck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peakers will address city Council immediately prior to the deliberation of the item by the City Council (R-93-19) NAME : ADDRESS : ITEM NO : SUBJECT : NAME : ADDRESS : ITEM NO : SUBJECT : NAME : ADDRESS : ITEM NO : SUBJECT : NAME : ADDRESS : ITEM NO : SUBJECT : City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, JANUARY 4, 1995 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 14brkshops (R-93-19). Mayor Firtion called the Workshop to order at 10:07 p.m. 2. No 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 (excused) Staff Present: city Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Clifton A. McClelland, Deputy City Clerk, Sally Maio Jr. Special City Council Meeting January 4, 1995 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). None. 5. ANNOUNCEMENTS None. 6. WORKSHOP ITEMS Establish City Council Policy Regarding: (No Backup) 95.003/ 94.268 1. Street Closings Following a brief discussion, it was the consensus of City Council to establish a policy not to close city streets except in the case of a city function such as 4th of July. 95.004/ 94.268 2. Park Events - Use of Parks Discussion took place on use of various city parks. City Council generally concurred that small neighborhood parks should remain status quo relative to open hours and use and maintain requests for use of Riverview Park on a case by case basis. MOTION by Damp/Freeland I make a motion we extend fifteen minutes. TAPE III - SIDE I (10:30 p.m.) ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - absent Mayor Firtion - aye MOTION CARRIED 4-0 (Oberbeck - absent) It was the consensus of Council that more discussion was required to establish requirements and charges for use of Riverview Park at a future meeting. City Council Workshop January 4, 1995 Page Three Keith Miller, 961 Riviera Avenue, Sebastian, expressed concern for the City's lack of an engineer. B. Discuss options for the Following: (No Backup) 95.005 1. Riverfront Parking The City Manager inquired whether City Council would have a problem with establishment of off-street parking on Indian River Drive. It was the consensus of city Council to use only the west side for off- street parking. He also recommended the possibility of utilizing property behind the Police Department for parking. At 10:45 p.m., Mayor Firtion adjourned the meeting. The following items were not addressed. 95.006 2. Comprehensive Land Use Plan Schedule 95.007 Future Workshop Sessions for Review and Revision of Outdated City Code of Ordinances 95.008 C. Direct City Attorney to Draft Ordinance Re: Minor Subdivision Plats (Director of Community Development Transmittal dated 12/29/94, P & Z Memo dated 12/2/94, Proposed Language) Appr°~t~t ~~ ing. ~ ~,c Arthur L. Firtion, Mayor ~. ~'Hallor CMC/AAE City Clerk 3