HomeMy WebLinkAbout02081995 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
FEBRUARY 8, 1995 - 6:30 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 meetmg call. (R-93-19)
PURPOSE:
Change Order #3 - Indian River County Contract
for Riverfront Water Project
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. SPECIAL MEETING ITEM
95.011 A.
Approve Change Order No. 3 - Indian River County
Contract with Speegle Construction - Riverfront
Water Project (City Manager Transmittal dated
2/7/95, Delaney Letter dated 2/6/95, Change Order
No. 3)
5. 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.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, FEBRUARY 8, 1995 - 6:30 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: Change Order #3 - Indian River County Contract
for Riverfront Water Project
Mayor Firtion called the Special Meeting to order at
6:30 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,
Deputy City Clerk, Sally Maio
Jr.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] 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 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)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Tom Kempf - Assembly of God
- Riverside Church
4. ROLL CALL
5. 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).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
95.034
A. Presentation of Plaque - Employee of the Quarter
4th Quarter 1994
95.026
95.035/
94.073
95.036/
94.295
7. PUBLIC HEARING~ FINAL ACTION
None.
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-95-19
Limit of Ten Minutes for Each Speaker)
9. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of city Council so requests; in
which event, the item will be removed and acted upon
separately.
Az
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)
2
95.037
95.028
95.028
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 BUSINESS - None
NEW BUSINESS
ORDINANCE NO. O-95-01 - Tree Protection (Director
of Community Development Transmittal dated
2/2/95, O-95-01)
1st Reading, Set Public Hearing 2/22/95
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.
ORDINANCE NO. 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. CITY COUNCIL MATTERS
A. Mr. Robert Freeland
B. Mr. Frank Oberbeck
C. Mayor Arthur Firtion
D. Vice-Mayor Carolyn Corum
E. Mrs. Norma Damp
15. CITY ATTORNEY MATTERS
16. CITY MANAGER MATTERS
17. 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
FEBRUARY 8, 1995 REGULAR 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 :
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SiGNUP SHEET
FEBRUARY 8, 1995 REGULAR CITY COUNCIL MEETING
(Use this form ONLY for presentation of NEW matters NOT on the
prepared agenda.
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
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 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. Invocation was given by Reverend Tom Kempf - Assembly
of God - Riverside Church.
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 Clerk, Kathryn M. O'Halloran
City Attorney, Clifton A. McClelland,
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
Jr.
Regular City Council Meeting
February 8, 1995
Page Two
95.034
95.026
5. 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.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Presentation o__f Plaque ~ Employee of the Ouarter
4t___hh Quarter 1994
Mayor Firtion presented plaques to Employees of the
Quarter, Nancy Veidt and Anthony Clopein.
7. PUBLIC HEARING, FINAL ACTION
None.
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
None.
CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of city Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 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.
Regular City Council Meeting
February 8, 1995
Page Three
95.o35/ c.
94.073
95.036/ D.
94.295
95.037 E.
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)
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)
The city Manager read the consent agenda.
The City Attorney read titles for Resolution Nos.
R-95-05 and R-95-06.
Vice Mayor Corum removed item C.
MOTION by Oberbeck/Freeland
I move to approve items A, B, D, and E.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Item C
Vice Mayor Corum inquired about the requirement for
sidewalks, to which the Director of Community
Development responded that he will review previous
approvals and the Code for sidewalk requirement
criteria.
3
Regular City Council Meeting
February 8, 1995
Page Four
Discussion continued on the expansion of the
sandmining area resulting in removal of the multi-
family lots and some industrial; requirements for
recreational space and drainage; and utility connection.
MOTION by Corum/Oberbeck
I move approval of item C of the consent agenda.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
10. PRESENTATIONS
None.
11. COMMITTEE REPORTS]RECOMMENDATIONS
None.
12. OLD BUSINESS
None.
95.028
13.
NE__W BUSINESS
A. ORDINANCE NO. O-95-01 - Tree Protection (Director of
Community Development Transmittal dated 2/2/95, O-95-01)
1st Reading, Set Public Hearing 2/22/95
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.
4
Regular City Council Meeting
February 8, 1995
Page Five
The city Attorney read Ordinance No. O-95-01 by title
only.
Ralph Gruye, 238 Cedar Street, Sebastian, objected to
clearcutting; Charles stachel, 1698 Coral Reef
Street, Sebastian; urged that Council stop the
eradication of pines.
City council discussion followed. Vice Mayor Corum
suggested 1) listing specific quercus family
members in definitions under "Scrub Quercus Oak";
TAPE I - SIDE II (7:38 p.m.)
2) amending language relative to measurement of
quercus "four inch diameter at ground level or at
base of tree"; 3) including language in 20A-14.6(A) to
require replacement trees on an inch by inch basis or
50% of size and a fee; 4) imposing specific penalties
in this ordinance for violations, to which the City
Attorney responded that cities are restricted in
imposing penalties to up to $500 and 6 months jail
time, language that currently exists in Section 1-10
and the city Manager responded that he is proposing
an ordinance to establish an Administrative Hearing
Board.
Vice Mayor Corum suggested 5) strengthening language
in Section 20A-14.12(4) relative to replacement
trees, and; 6) correcting the spelling of "Melaleuca"
in the definition of "Prohibited or Undesirable
Exotic Tree" (D).
Mrs. Damp inquired about several changes added to the
ordinance subsequent to the workshop and staff
responded as to the basis for each amendment.
MOTION by Oberbeck/Freeland
I'm going to move for the approval of Ordinance
No. O-95-01 first reading and schedule public hearing
for February 22, 1995.
Vice Mayor Corum inquired whether the motion includes
changes discussed at this meeting.
5
Regular City Council Meeting
February 8, 1995
Page Six
The City Attorney stated that he will come back with
corrections and reiterated the changes as follows:
define oaks, revise language relative to measurement
of oaks, strengthen language on tree removal; clarify
language on replacement trees, correct spelling of
Melaleuca, and reference to protected trees.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Mayor Firtion called recess at 8:15 p.m. and
reconvened the meeting at 8:24 p.m.
95.028
ORDINANCE NO. 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.
The city Attorney read Ordinance No. 0-95-02 by title
only.
MOTION by Oberbeck/Freeland
I move for the approval of Ordinance No. 0-95-02
on first reading and schedule the public hearing for
February 22, 1995.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Regular City Council Meeting
February 8, 1995
Page Seven
14. CITY COUNCIL MATTERS
A. Mr. Robert Freeland
None.
B. Mr. Frank Oberbeck
Mr. Oberbeck commended Vice Mayor Corum and the City
Manager for their efforts to save the 66 acres behind
City Hall and the County Commission for their
decision on purchase of the individual scrub lots;
and urged extension of Gibson Street.
C. Mayor Arthur Firtion
Mayor Firtion said, for the record, his efforts
with Brian Toland and the County Commission assisted
in reducing the individual lots to 160 and the final
purchase decision.
D. Vice-Mayor Carolyn Corum
Vice Mayor Corum read from a survey as to what people
look for when they shop for a home.
TAPE II - SIDE I (8:30 p.m.)
Vice Mayor Corum continued relative to the survey, and
compared the Vero Beach Merrill Barber Bridge demise
to the City's Riverfront District.
E. Mrs. Norma Damp
Mrs. Damp reported scrub jays have been sighted in
Fresno, California.
15. CITY ATTORNEY MATTERS
None.
16. CITY MANAGER MATTERS
None.
17.
Being no further business, Mayor Firtion adjourned
the Regular Meeting 8:35 p.m.
7
Regular City Council Meeting
February 8, 1995
Page Eight
Approved at the
, 1995, City Council
Meeting.
Arthur L. Firtion, Mayor
Kathry~ M. O'Halloran, CMC/AAE
City Clerk