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HomeMy WebLinkAbout05242000SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 24, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Edward J. Majcher, Jr. Mr. James Hill City Council Absent: Mr. Joe Barczyk (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Growth Management Director, Tracy Hass Finance Director, Mark Mason Golf Course Director, Pat Cerjan Golf Course Pro, Greg Gardner Deputy City Clerk, Sally Maio Regular City Council Meeting ! 24, 2000 e Two $. AGENDA MODIFICATIONS ~DDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) The City Manager requested that Greens + representatives (New BusineSs A) be allowed to make their presentation following Capital Sanita§on's presentation (Proclamations, Announcements and/or Presentations E). City Council concurred. 6. PROCLAMATIONS. ANNOUNCE[~I~TS AND/OR PRESENTATIONS 00.016 A. presentation of Check to City of Sel~a~tian by Florida Inland Navigatiom District Representatives Mark Crossly, Assistant Executive Director, Florida Inland Navigation District, presented a check in the amount of $30,802.04 to the City of Sabastian. 00.125 B. Presentation ~)f (~ertificates of Appreciation to Studej3t~ participating in Future Development of l~arber Street Sports Complex Mayor Barnes presented certificates of appreciation to the following students: Fred Balsam A.J. Doan Peace Sanchez Tanna Turner Para Cary Amy McDonald Jennifer Brown (not present) J.P. Gusin (not present) 126 C. presentation by Friends of St, ~eb~a[~ River - Environmental Erthan~:e~ent Award A representative of Friends of St. Sebastian River presented an Environmental Enhancement Award to the City of Sebastian. 00.127 D. presentation by Capital Sanit~ttie~ - Enhancements to the Ron Rigby, President of Capital Sanitation, presented a report on enhancements to Capital's operation and responded to questions from City Council. It was stated that a staff member will meet with Capital Sanitation once per month. At this time, Mayor Barnes presented a certificate of appreciation to Amy McDonald. 00. ~32 E(A), ~.t~thodze City Manaaer to Execu[~ ~rport Lease Aareement Between O[~nge Peel Enterprises. Inc. (d/b/a Greens +).~@d City of Sebastian (City ManaQ~r Transmittal 5/18/00. Proposed Lease Aclreement) Lani Deauville, Owner of Greens+, and several staff members of the company gave a demonstration of its product and presented the request to establish its business at the Sebastian Municipal Airport. TAPE I - SIDE II (7:37 p.m.) The City Manager recommended approval of the lease agreement. Regular City Council Meeting ! 24, 2000 ge Three The City Attorney noted a scrivener's error on page 8, to change Umay" to 'shall" in paragraph 14. MOTION by Bishop "1 would make a motion to authorize the City Manager to execute the Lease Agreement between Orange Peel Enterprises, Inc., d/b/a Greens + and the City of Sebastian." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-0 CITY ATTORNEY MATTERS The City Attorney advised that three affirmative votes are required for approval of any item by Council and that the result of a 2-2 vote would be that the item would retain the status quo. 0o. 128 CITY MANAGER MATTERS A. Discussi01l- ~t, Johns River Water Management Distrj~;t II;~lative to Water Levels Within the (;;;ity of Sebastian (No Backup) The City Manager said representatives of St. Johns are gathering data regarding water levels and will attend the June 14, 2000 regular meeting. The public was reminded that there is no watering between the hours of 9 am and 5 pm. The City Manager announced he will be attending the Annual City/County Manager's conference in Ponte Vedra Beach beginning on Thursday and that the weekly newsletter is available tonight. CITY ~I, ERK MATTERS The City Clerk announced that Board of Adjustment applicant Kenneth Kidwell had withdrawn his application and, therefore, no action need be taken on that agenda item. The City Clerk reported on attendance at the Annual Florida City Clerks Conference, advising Council that certain matters such as p.a. systems, procedures, etc., of concern to the City of Sebastian are shared by other cities. 10. CITY COUNCIL MATTERS A. Mr, Majcher Discussed citizen calls regarding the proposed Charter School and whether there was another more suitable site. Reported on the previous night's meeting regarding the proposed north county recreation area planned for location west of the middle school. aegUlar City Council Meeting ay 24, 2000 ge Four 00.119 11. 12. ~Ytayor B~Erje~ · Reported on calls he has received regarding parking in swales and suggested this matter be deferred to June 14, 2000. Vice Mayor Bishog None. D. Mr, Barczyk Absent. E. Mr. Hill None. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Counc~ so requests; in which event, the item w~l be removed and acted upon separately. A. Approval of Minutes - 5/3/00 Workshop, 5/10/00 Regular Meeting B. F'~cher Wedding Reception - Community Center - 6/17/00 - 6 to 10 pm - Security Paid - Age Verified - for A/B Request - 75 Attendees (City Clerk Transmittal 5/16/00, Application) The City Manager read the consent agenda. MOTION by Hill/Majcher "1 move to approve the consent agenda." ROLL CALL: Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-0 PUBLIC HEARII~(~ Ordinance No. O-00-11_- c-~rige in Permitted Use in Industrial Zoning District - Second Reading and ~e(~ond Public Hearing (Growth Management Director Transmittal 5/1 ~/ql~, 0-0~)-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-3,14 IN, iNDUSTRIAL DISTRICT, OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (Display Ad 5/3/00, 1st Reading and Ist Public Hearing 5/10/00, Display Ad 5/17/00, 2nd Reading and 2nd Public Hearing 5/23/00) gular City Council Meeting ay 24, 2000 ge Five 00.110 B. Mayor Bames opened the public hearing at 7:55 p.m., and the City Attorney read Ordinance No. O-00- 11 by title. The Growth Management Director gave a brief summation. The City Attorney noted a scrivener's error (tape) Mayor Barnes closed the public hearing at 7:58 p.m. MOTION by Hill/Bishop "1 move to approve Ordinance No. O-00-11 ." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent MOTION CARRIED 4-0 Ordinance No. O-00-12- Regulate Elevation of_Fill Material at Construction Sites- Second Reading and Public Head.n.g (City Manager Transmittal 5/18/00, O-00-12) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 26 TO REGULATE ELEVATIONS OF FILL MATERIAL AT CONSTRUCTION SITES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILiTY; PROVIDING FOR AN EFFECTIVE DATE, (1st Reading 4/26/00, Legal Ad 5110/00, Public Hearing 5/24/00) Mayor Barnes opened the public hearing at 7:59 p.m; and the City Attorney read Ordinance No. O-00-12 by title. Newton Young, 237 Delmonte Road, Sebastian, submitted photos of an overfilled lot adjacent to his house. Tut Connelly, Sebastian, thanked Council for the ordinance. Mayor Barnes closed the public hearing at 8:03 p.m. MOTION by Majcher/Bishop I make a motion to move to adopt Ordinance O-00-12, amending Code of Ordinances, Chapter 26 to regulate elevations to fill material at construction sites. ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye MOTION CARRIED 4-0 gular City Council Meeting ay 24, 2000 ge Six 00.042 C. oo. o65 D. Ordinance No. O-00-_13 - Amending Fiscal Year 2000 Budget - Second Reading andJP_~bJ[g Hearing 0=in~ce Director Transmittal 5/18/00. O-00-13. 2n_d_ Qtr Budget R~view Memo and Income Statement bY FtJod at Character Level. Project Status Reports by Fund. Inyest~ent sum.mary) AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 5/10/00, Legal Ad 5/12/00, Public Hearing 5/24/00) Mayor Barnes opened the public hearing at 8:05 p.m., and the City Attorney read Ordinance No. O-00-13 by title. The Finance Director briefly addressed Council. Mayor Barnes closed the public hearing at 8:07 p.m. MOTION by Bishop/Hill "1 move to adopt Ordinance O-00-13." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 4-0 Ordinan._~.No, 0-00-15 - Adopting New Land Development C:gde - First Reading and First Public Hearing- Second Reading and Second.Public Hearing Scheduled for 6/14/00 (Growth Manaq~ent Transmittal 5/18/00, O-00-15, LDC RevJ,~igns~(;::ity Attorney Suggested Options) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REWRITING CITY CODE CHAPTER 20A, THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Display Ad 5/17/00, 1st Reading and 1st Public Hearing 5/24/00, Display Ad 5/31/00, 2nd Reading and 2nd Public Hearing Scheduled for 6/14/00) Mayor Barnes opened the public hearing at 8:08 p.m., and the City Attorney read Ordinance No. O-00- 15 by title. The City Attorney recommended that the ordinance effective date be amended to add "the provisions of the prior code will apply to any pending application as of today's date." The Growth Management Director reviewed the amendments and recommended that home occupational license approval be administered by staff rather than Planning and Zoning, but maintain the notice procedure. lular City Council Meeting 24,2000 Page Seven TAPE II- SIDE I (8:25 p.rn.) The City Attorney reviewed proposed options as distributed in the agenda packet regarding residential building height and shrubbery; and recommended that the minimum square footage requirement for RS-10 lots be reduced to 9500 square feet, since many are currently that size, William Mahoney, Delaware Avenue, Sebastian, opposed the amendment that would raise the residential building height to 35 feet. Kathryn Groepler, Wimbrow Drive, Sebastian, opposed the 35 foot height, and shrub proposal. Sal Neglia, Sebastian, opposed the 35 foot height. Mayor Barnes called recess at 8:42 p.m. and reconvened the meeting at 8:55 p.m. All members were present. It was decided to address each proposed amendment separately as follows: 1. Author's amendment to make any pending applications as of today's date go under the old code 2. Home occupational licenses processed administratively 3. Minimum RS-10 lot requirement reduction to 9500 sq ft 4. Maximum 35' height in RS-10 district 5. Shrub requirement Mayor Barnes closed the public hearing at 9:57 p,m, 1. Author's Amendment MOTION by Barnes/Hill "Author's amendment making all pending applications effective from today on, will come under new Land Development Code." ROLL CALL: MOTION CARRIED 4-0 Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye 2. Home Occupational License_Approval by Administration MOTION by Hill/Majcher "So move." ROLL CALL: MOTION CARRIED 4-0 Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop - absent - aye - aye - aye - aye gular City Council Meeting ay 24, 2000 ge Eight 3. Reduction in RS-10 Lot Size to 950D Squat9 Feet MOTION by Barnes/Bishop ~1'11 make a motion that we change the lot size in the RS-10 distdct to 9500 square feet.' ROLL CALL: Mr. Majcher - aye Mr. Hill ~ aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent MOTION CARRIED 4-0 4. RS-10 Maximu. m .Bu_ilcling Height to 35 Feet MOTION by Barnes/Bishop "1'11 make a motion that we leave the 25 feet in the RS-10 district just the way it is." Addna Davis, Sebastian, objected to the 35 foot. David John, Sebastian, suggested a public hearing. TAPE II - SIDE II (9:17 p.m.) ROLL CALL: Mr. Hill - nay Mayor Barnes - aye Mr. Bishop - nay Mr. Barczyk - absent Mr. Majcher - nay MOTION FAILED 1-3 (Hill, Bishop, Majcher - nay) MOTION by Bishop/Majcher "1 would make the motion to have a maximum height at 35 feet, eliminating 400 square feet living space above the second floor with the recommended setbacks as proposed, that would be under option 2 setbacks." ROLL CALL: Mayor Barnes - nay Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 3-1 (Barnes - nay) egular City Council Meeting ay 24, 2000 Page Nine 5. Shrubs MOTION by Hill/Bishop "Amend landscaping requirements to require minimum square footage of shrubbery based on a formula to be proposed at second reading, to be competed within 6 months of receiving the certificate of occupancy. ~ ROLL CALL: Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - nay MOTION CARRIED 3-1 (Barnes - nay) MOTION by Majcher/Bishop ~1 make a motion to hold the first reading of O-00-15 and schedule second public hearing and reading for June 14, 2000 as amended." ROLL CALL: Mr. Barczyk - absent Mr. Majcher - aye Mr, Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-0 00.131 Resolution No, R-00-30 - ModJ~{~gD to Golf Course Rates (Finance Director Transmitt~,l, R-00-30) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO FEES AT THE SEBASTIAN MUNICIPAL GOLF COURSE; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR AMORTIZATION OF MEMBERSHIPS; PROVIDING FOR EXPIRATION OF GIFT CERTIFICATES; PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE. (Display Ad 5/22/00) Mayor Barnes opened the public hearing at 9:42 p.m., and the City Attorney read Resolution No. R-00-30 by title. The Golf Course Director briefly explained the need for increased fees; and City Council commended Mr. Cerjan for the changes that have been made to the Golf Course. The Finance Director responded to questions from Council. George Hertling, 517 Breakwater Terrace, Sebastian, addressed Council. TAPE III - SIDE I (10:10 p.m.) Thomas Wojciekowski, Sebastian, addressed Council. gular City Council Meeting ay24,2000 ge Ten Mayor Barnes closed the public headng at 10:13 p.m. MOTION by Majcher/Barnes "1 make a motion to move to adopt Resolution R-00-30, establishing golf course rates." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent MOTION CARRIED 4-0 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was ~scovered within the previous six months which is not otherwise on the agenda - sign-up required. #mit of ten minutes for each speaker Bill Clegg, Park Pace, submitted a petition requesting speed imit signs and vehicle weight limits on Barber Street; and read it into the record (see attached). Mayor Barnes said he would address this with the City Manager and Police Chief and someone would get back to him. Bob Ashcroff, Sebastian, submitted a petition regarding a proposed charter school on Wave Street (see attached) and read a prepared statement objecting to the school at this site. Mayor Barnes requested a copy of the statement that Mr. Ashcroft read from and said the matter would be looked into and someone would get back to him. MOTION by Barnes/Bishop "1'11 make a motion to extend the meeting to no later than 11 pm." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye MOTION CARRIED 4-0 Antero Figueredo, 900 US 1, Sebastian, Dunkin Donuts, discussed his dverfront water assessment, stating he had never received a letter on the assessment. The City Attorney said perhaps during sale of the property the deed was improperly prepared and advised that state law does not allow any waivers of assessments. Ray Coniglio, 941 Carnation Drive, Sebastian, read a prepared statement regarding FDOT plans for US 1 improvements which will eliminate parking on US 1 to build bikepaths; and requested that Council take steps to prevent this from happening (see letter attached) Ruth Sullivan, Indian River Drive, Sebastian, objected to the elimination of parking on U.S., suggested that a letter be sent to FDOT; and recommended formation of a historical district. ]0 egular City Council Meeting ay 24, 2000 Page Eleven o0.120 00.133 14. 15. 16. COMMITTEE REPORTSlRECOMIYlE~N.DATIONS Board of 1. Intewi~W, Unless Waived, and Appoint One R_eqular ~l.~q~ber Effective 6/1/2000 with Term to Expire 6/1/2003 (City Clerk TransmittaJ .5./15/00. Application. Member List. Ad) The only applicant, Kenneth Kidwell, had withdrawn his application pdor to the meeting. gLO BUSINESS None. NEW BUSINESS Ordinance I~Q~_~-00-16 - Community Redevelopment Trust F.qrl(~ - First Reading - Set Public HearJn~.[g.r 6/28/00 (Finance Director Transmittal 5117/_o0~ O-00-16. Finance Director Memo 4~5/00. FS 163.387 Excerpt, Summary qf Changes to Section 78-30) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 78-30 OF THE CODE OF ORDINANCES, COMMUNITY REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROViDiNG FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-16 by title. MOTION by Hill/Bishop "1 move to approve Ordinance O-00-16 and set a public hearing for June 28, 2000." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 4-0 Authorize City Manager to Execute St. JotLrt~ .IR;jy~r Water Management District Renewal Agreement (City Manager Transmittal 5/19/00. Ag[eement) MOTION by Majcher/Bishop I move to authorize the City Manager to execute the First Renewal Agreement between St. Johns (River) Water Management District and the City of Sebastian for the development and implementation of a surface water management plan for the City of Sebastian-Phase I, Segment I1." ]] Regular City Council Meeting 24, 2000 e Twelve ROLL CALL: MOTION CARRIED 4-0 Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye 17. Approved at the~~_-~- Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:55 p.m. ,2000 Regular City Council Meeting. Walter Barnes, Mayor ATTEST: ...... . .~ : .,.. City Clerk ]2 To; Council Members of the City of Sebastiau From; Kesidents of Park Place Villia~e and Palm Lake'Club Subject; Traffic on Barber St. between US Rt. 1 and Schumenn Dr. We the under-si~ned would like the council to consider two requests we have in regard to the m~fl~c on the east end of Barber St. We realize this is a main thou~ofare from Kt. 1 into Sebastian Hi~lan&. We have no problem with the amount of traffic on this road. The problem lies in the speed of the.traffic and the amount of truck traffic that Wavels Barber St on a regalar basis. Our first reqUest is that speed limit signs'of 30 MPH be put up n~ar the iutersectioin of Barber St ~d US l~d j~t e~t of~e ~s~on of B~ St ~d Pe~o~ Isled PI. At ~s ~e ~ere ~h~ on ~c ~ ~d of B~b~ St. ~ ~&cate ~e ~d l~it. ~e of o~ ~sid~.~o~ to Lt. Ewm sev~ mon~ ~o aborn ~s ~oblem. S~ce ~t ~e e~o~t ~ ~e~ ~te a bit We feel ~e si~s wo~d ~so help to slow ~e ~C do~. ' Out second reqast may be a little more difficult to solve. 'We have noticed a very kigh volume of dump truck traffic on-.Barber St. We can only assume that these trucks are using this residential street as a cut through to reach the-place where they pi~ up their loa&. This truck ~raffic-starts at approx. 6:30 am Monday thru Friday. You taunt imagine the noise that is made by these trucks hitting the pot holes in this area,most of which have been caused by the trucks themselves. These tracks are slowly destroying Barber St. This road ks not built for this k~ad ofheavy du~y traffic. The' speed ofthese trucks is mother factor, As you may be aware, one of these truek~ over-turned a few Weeks ago because, of excessive speed. This could have bean a ~6~1 aecidem ff a vehicle had bee~. coniug the other way. Our~requeSt.in this mam~ is that council cosider restricting Barber St. to a weight limit which Would stop these trucks from using it as a cut througE The only exeeptence would, of course be for local de!iverys. We thank you and would appriceate your serious coasideratien on these matters before someone is serriosly injured on this ~ech of roadway. ¢ Sebastian Neighborhood Residents AGAINST 'ZONING to Permit a Charter Junior High School The folio.wing Sebastian residents oppose the zoning to permit a Charter Junior High School near Wave Street and Fleming Street in Sebastian Florida for the following l~asonL " 1 ] Heavy Traffic in a present high traffic ar~ means a child will b~ injured. Wave Strea, the length of one football field, presently has a traffic level of about 3,500 cars daily. The recem traffic count of 2500 excluded all traffic west bound on George St.to Wave St. from Noah Street, and all traffic eastbound from Strait Street .area down George Street to Wave Strea. Adding another school to the area will dramatically increase the danger. 2] Building a '~Iodular" type school will lower the high standards of the .nearby residential homes in thc Collier and Sebastian Highlands area. NAME ADDRESS Sebastian Neighborhood Residents AGAINST ZONING to Permit a Charter Junior High School The following Sebastian residents oppose the zoning to permit a Charm Junior I-Iigh School near Wave Street and Fleming S~reet in Seb~slian Florida for the following 1] I~a~ Traffic i~ a present high traffic area means a child will be 'injured. Wavc'Swe~t, the length of one football field, presently has a mhffic level of about 3,500 cars daily, Thc recent traffic count of 2500 excluded all mdtic west bound on George S$~to Wave St from Noah Street, and all traffic eastbound from Stra/t Street area down George Street W Wave Street, Adding another school to the area will dmmat/cally increase the. danger. 2] Building a "Modular" type school w/Il lower the h/eh standards of the nearby residential homes in the Collier and Sebastian Highlands area_ NAME ADDRESS Sebastian Ndghbo~h~0od-..Residents AGAINST ZONING to Permit a Charter Junior High School The following Sebastian residents oppose ~e zoning to permit a Charter junior High School near Wave Street and Fleming Street in Sebastian Florida for the following 1] Heavy Traffic in a present high traffic area means a child will bc injured. Wave Street, the length of one football field, p~sently has a traffic l~vcl of about 3,500 cars daily. The recent traffic count 0£2500 ~xolud~i all traffic west bound on George Stto Wave St. from Noah Street,. and all traffic eastbound from Strait Streel area down George Street to Wave Street. Adding another school to the area will dramatically increase the danger. · 2] Building a "Modular" type school w/Il lower the high standards of the nearby resident/al homes in the Coil/er and Sebastian Higldands area, ADDRESS Sebastian Neighborhood Residents AGAINST ZONING to Permit a Charter Junior High School The following Sebastian residents oppose the zoning to permit a Charter Junior High School near Wave Street and Fleming Street in Sebastian Florida for the following reasons. 1] Heavy Traffic in a present high traffic area means a child will be · injured. Wave Street, the length of one football field, presently' has a traffic level of about 3,500 cars daily. The recent traffic count of 2500 excluded all traffic west bound on George St. to Wave St. from Noah Street, and all traffic eastbound from Strait Street :area down George Street to Wave Street. Adding another school to the area will dramatically increase the danger. 2] Building a "Modular" type schOol will lower the high standards of the :nearby residential homes in the Collier mad Sebastian Highlm~ds area. NAME . ADDRESS Sebastian Neighborhood Residents AGAINST ZONING to Permit a Charter Junior High School The following Sebasfim~ residents oppose the zoning to permit a Charter Junior High School near Wave Street and Fleming Street in Sebastian Florida for the following ' ~easons. 1] Heavy Traffic in a present high traffic area means a child will be injur~. Wave Sweet, the length of one football field, presently has a traffic level of about 3,500 cars daily. The recent traffic count of 2500 excluded all traffic west bound on George St. to Wave St. from Noah Street, and all traffic eastbound from Strait Street · area down George Street to Wave Street. Adding another school to the area will dramatically increase ~he danger. 2] Building a "Modular" type school will lower the high standards of the nearby residential homes in the Collier and Sebastian Highlands area. NAME .. 7",~,-~ r~z_),~,.,~ ADDRESS Sebastian Neighborhood Residents AGAINST ZONING to Permit a Charter Junior High School The followhlg Sebastian residents oppose the zoning to pennit a Charter Junior High School near Wave Street and Fleming Street in Sebastian Florida for the following l'easolls. 1] Heavy Traffic in a present high traffic area means a child will be injured. Wave Street, the length of one football field, presently has a traffic level of ab°ut 3,500 cars daily. The recent traffic count of 2500 excluded all traffic west bound on George St. to Wave St. from Noah Street, and all traffic eastbound ~rom Strait Street area down George Street to Wave Street. Adding another school to the area will ,dramatically increase the danger. 2] Building a "Modular" type school will lower the high standards of the nearby residential homes in the Collier and Sebastian Highlands area. NAME ADDRESS · ~ o ,',. ~..~ .,/?/~ Sebastian Neighborhood Residents AGAINST ZONING to Permit a Charter Junior High School The following Sebastian residents oppose the zoning to permit a Charter Junior High School near Wave Street and Fleming Street in Sebastian Florida for the following reasons. 1] Heavy Traffic in a presem high traffic area means a child will be injured. Wave Street, the length of one football field, presemly has a traffic level of about 3,500 cars daily. The recent traffic count of 2500 excluded all traffic west bound on George St.to Wave St. from Noah Street, and all traffic eastbound from Strait Street · area down George Street to Wave Street. Adding another school to the area will dramatically increase the danger. 2] Building a "Modular" type school will lower the high standards of the · nearby residential homes in the Collier and Sebastian Highlands area. NAME ADDRESS SebaStian Neighborhood Residents AGAINST ZONING to Permit a Charter Junior High School The following Sebastian residents oppose the zoning to permit a Charter Junior High School near Wave Street and Fleming Street in Sebastian Florida for the following reasons. 1] Heavy Traffic in a present high traffic area means a child will be inj~cd. Wave Strcet, the length of onc football field, presently has a traffic level of about 3,500 cars daily, The rocent traffic count of 2500 excluded ali traffic west bound on George St. to Wave St. from Noah Stre.~ and all traffic eastbound from Strait Street area down,George Street to Wave Street. Adding another school to the area will dramatically increase the danger. 2] Building a "Modular" type school will lower the high standards of'the nearby residential homes in thc Collier and Sebastian Highlands area~ NAM~ ADDRESS Sebastian Neighborhood Residents AGAINST' ZONING to Permit a Charter Junior High School The folio.wing Sebastian residents oppose the zoning to permit .a Charter Junior High School near Wave Street and Fleming Street in Sebastian Florida for the following · reasons. 1] Heavy Traffic m a present high traffic area means a child will be injured. Wave Street, the length of one football field, presently has a traffic level of .about 3,500 cars daily. The recent traffic count of 2500 excluded all traffic west bound on George St. to Wave St. from Noah Street, and all traffic eastbound from Strait Street area down George Street to Wave Street. Adding another school to the area will dramatically increase the danger. 2] Building a "Modular" type school will lower the high standards of the nearby residential homes in the Collier and Sebastian Highlands area. NAME .ADDRESS sebastian Neighborhood Residents AGAINST ZONING to Permit a Charter Junior High School, 'The following Sebastim~ residents oppose the zoning to permit a Charter Junior ~l-Iigh School near Wave Street and Fleming Street in Sebastian Florida for the following rcasoils. 1] Heavy Traffic in a present high traffic area means a child will be injured. Wave Street, the lent, th of one football field, presently has a traffic level of about 3,500 cars d~ly. The recent traffic count of 2500 excluded all traffic west bound on George St.to Wave St. from Noah Street, and ail traffic eastbom~d'from Strait Street area down George Street to Wave Street. Adding anothgr school to the area will dramatically increase the danger. 2] Building a "Modular" type school will lower the high standards of the nearby residential homes in the Collier and Sebastian Highlands area,_ NAME fi . ADDRESS ~_. ' Sebastian Neighborhood Residents AGAINST ZONING to Permit a Charter Junior High School The following Sebastim~ residents oppose the zoning to pennit a Charter Junior High School near Wave Street and Fleming Street in Sebastian Florida for the following reasons. 1] Heavy Traffic in a present higl~ traffic area mcans a child will' be injured. Wave Street, the length of one football field, presently has a traffic level of about 3,500 cars daily. The recent traffic count of 2500 excluded all traffic west bound on George St.to Wave St. from Noah Street, and all traffic eastbound from Strait Street . ar~a down George Street to Wave Street. Adding anofl~er school to the area will dramatically increase the danger. 2] Building a "Modular" type school will lower the high standards of the .nearby residential homes in the Collier and Sebastian Highlaads area. NAME · ADDRESS Sebastian Neighborhood Residents AGAINST ZONING to 'Permit a Charter Junior High School' The following Sebastian residents oppose the zoning to permit a Charter Junior High School near Wave Street and Fleming Street in Sebastian Florida for the following rca$olls. 1] Heavy Traffic in a present high traffic area means a child will be injured. Wave Street, the length of one football field, presently has a traffic level of about 3,500 ears daily. The recent traffic count of 2500 excluded all traffic west bound on George St.to Wave St. from NOah' Street, 'mad all traffic eastbound from Strait Street area down George Street to Wave Street. Adding anotlier school to the area will dramatically increase the'danger. 2] Building a "Modular" type school will lower the high standards of file nearby residential homes in the Collier and Sebastian Highlm~ds area. ADDRESS TNDIAN RIVER CO.SOHOOL BOERD MEETING 5/23/2000 SUBJECT- OHAR~,R SOHOOL ON WAVE STREET, MY BACK-GROUND WILL TELL 'YOU THAT I HAVE THE KNOWLEDGE AND EXPERIENCES TO TALK ON THE SUBJECT. THiS tS MY 73rd YEAR SIX OHILDREN, NINE GRAND CHILDREN AND 1 AND 1 HALF GREAT GRAND CHILD. YOU SEE I KNOW AND LOVE CHILDREN AND WILL DO EVERY THING iN POWER TO PROTECT THEM. ¢3 WORK FOR IBM CORP, 37 YEARS RETIRED DEC. 1988, REQUESTED TO. RETURN TO WORK JAN, 1989 AS A ADVISORY iNDUSTRIAL AND MANUFACTURING ENGINEER AND WORK A ADDITIONAL FOUR MORE YEARS. TOTAL 41 YEARS. ¢4 VOLUNTEER FIREMAN 20 YEARS. FIRST LIEUTENANT, FIRE OOMMISSIONER !2 YEARS, I KNOW THE HAZARDS OF FIRE, FIRE PROTECTION, FIRE SAFETY REQUIREMENTS AND PREVENTION. ¢5 SEBASTIAN VOLUNTEER POLICEMAN 5 YEARS. SOHOOL TRAFFIC REQUIREMENTS, PICK-UP AND DROP OFF PROBLEMS. BOOTH WITH SCHOOL BUSES AND AUTO. t HAVE WRITTEN NUMEROUS LETTERS TO THE NEWSPA~PERS, I HAVE ATTENDED COUNTLESS CITY COUNc'rL AND PLANING MEETINGS. t DON'T SHOOT FROM THE NIP ! DO NY HOME WORK. ONE THING Z DON'T LIKE IS PEOPLE THAT WALK AROUND THE TRUTH AND ABOVE ALL ARE THE ONES THAT JUST PLAIN LIE. AND I THINK THIS IS CRIMINAL WHEN IT iS DONE TO AROHIVE A PROFIT FROM IT. THiS ALSO iNCLUDES STAFF AND MANAGERIAL PEOPLE THAT WITHHOLD INFORMATION PERTINENT TO A PENDING DECISION. A FEW WEEKS AGO THE PRESS JOURNAL PRINTED A ARTICLE ON A CHEATER SCHOOL ON WAVE STREET IN SEBASTIAN, THIS WAS THE FIRST NOTICE THAT i SEEN ON A NEW CHARTER SCHOOL, ET ALSO STATED THAT A KEN MOSKOWITZ I'S THE CHAIRMAN OF THE CHARTER'S BOARD OF DIRECTORS. I THEN CALLED MR W. DAVIS SCHOOL BOARD CHAIRMAN, QUESTiON, HOW COULD THE BOARD APPROVE WAVE STREET LOCATION FOR THE CHARTER SCHOOL, ANSWER, WHEN KEN MOSKOWiTZ CAME FOR THE APPROVAL OF THE CHARTER SCHOOL LOCATION WAS NEVER GIVEN BY HiM OR ZN THE REQUEST, Z THEN OALLED DR, GRAZG MC GARVEY AND FiE STATED THE SAME AS MR DAVIS, Z KNOW THE TWO GENTLEMAN, AND THEY DON'T MAKE MISTAKES TO THiS MAGNITUDE. i THEN CALLED KEN MOSKOW!TZ AND ON MY SECOND TRY i MADE CONTACT. i QUESTIONED HiM ON THE SCHOOL~ FIIS POSITION, AND LOCATION, WHEN I ASKED IF HE STATED THE LOCATION AND THE SCHOOL BOARD KNOWS OF THE LOCATION ON THE NIGHT OF PRESENTATION HE SAID YES. WE DID HAVE A FEW WORDS AFTER THAT AND HE SAID ! WAS HOSTILE. MAY 18, 2000 PLANNING AND ZONING OOMMiSSIONS MEETING, RANDY HOSBY PROJECT ENGINEER GAVE SOME HISTORY ON THE SITE STARTING IN 1986-87 TIME FRAME. THE ATTORNEY AND KEN MOSKOWITZ ADDED SOME INFORMATION, THEN TRACY HASS GAVE SOME INFORMATION WiTH THE HELP OF SEBASIIAN PLANNING GROWTH MANAGER, MRS. KING TRACY HASS TOLD EVERY ONE PRESENT THAT THE SITE PROPERTY IS ON A ONE ACRE PLAT. THIS IS NOT TRUE iT IS ON A 100 FT. BY A 300 FT. AND THAT IS ONLY 30,000 SD. FT, TOTAL, ONE ACRE iS 43,560 SQ FT, AND THIS PLAT IS SHORT BY 13,580 SD..FT. OR SHORT BY .3t2 OF A ACRE. I KNOW OF OTHER NUMBERS THAT MR.HASS GAVE TO THE CITY COUNCIL AND THAT WAS ON THE NEW CiTY HALL PRESENTATION, ERRORS IN THE NUMBERS THAT NIGHT. TRACY. HASS GAVE NO INFORMATION ON THE LETTER FROM THE INDIAN RIVER SCHOOL DISTRICT, LETTER DATED BACK ON MARCH 1996 THAT PROHIBITED SCHOOL BUSES FROM USING WAVE STREET. THiS IS BECAUSE THE STREET IS ONLY 19 FT. WIDE, HAS A NUMBER OF SHARP BENDS TO MANEUVER AND THE BUS CAN'T STAY WITHIN THE DOUBLE YELLOW LINES AND RUN OFF THE PAVEMENT. THIS ORDER STATES THAT ANYONE VIOLATING THIS DIREOTtVE WILL BE SUBJECT TO DISCIPLINARY AOTION. i HAVE QUOTED THIS LETTER AT COUNCIL MEETINGS AND SENT ONE IN FOR THE WAVE STREET FILE FOLDER. NOT POINTING OUT THIS LETTER SHOULD HAVE THE SAHE ACTION TAKEN AS THE DRIVER VIOLATING THIS ORDER. I THINK THIS CHARTER SCHOOL PLAN AND SITE VIOLATES EVERY RULE iN THE BOOK, WATER, FIRE, SCHOOL BUS NO TURN AROUND, BUS MUST BACK-UP TO HAKE THERE TURN. THIS IS A COMPLETE VIOLATION. NO SIDEWALKS, CHILDREN WILL HAVE TO WALK ON WAVE STREET,NO ROOM FOR PiCK-UP. MR. RIOHARD SMITH, PLANNING AND ZONING COMMISSIONER NEVER DID GET THROUGH HIS QUESTIONS, THIS IS A PLAN THAT MR. HASS AND MRS, JOHN KING HAS EXCEPTED AND WILLING TO EXPOSE THE CITY TO NUMEROUS LAW VIOLATIONS. WOULD LIKE TO KNOW WHAT IS BEHIND THIS. MR. RICH STRINGER CITY ATTORNEY ASKED FOR A TEN MINUTES RECESS. THE HOLDUP IN THE MEETING GAVE ME A'CHANCE TO QUESTION OREG SMITH SCHOOL DISTRICT MEHBER AND KEN MOSKOWITZ. QUESTION TO KEN MOSKOWITZ, AT YOUR MEETING WITH THE SCHOOL BOARD ON THIS CHARTER SCHOOL DID YOU GIVE THE BOARD THE LOCATION AND TELL THEN THAT THE LOCATION WILL BE ON WAVE STREET AND HE SAID YES MR.GREG SHITH WAS PART OF THIS CONVERSATION. I TOLD KEN MOSKOWITZ THAT HE WAS NOT TELLING THE TRUTH WE HAD OTHER WORDS HE SAiD THAT i WAS SHOUTING AT HIM A FEW MORE WORDS AND HE WALK. OFF. NEXT MOURNING i GOT A CALL FROM GREG SM!TH AND WAS TOLD THAT THAT HE WENT OVER THE TAPE FROM THE MEETING AND THERE WAS NEVER A TIME THAT THE LOCATION WAS GIVEN AND KEN MOSKOWITZ DiD NOT SAY A WORD ABOUT WAVE STREET TO ANY MEMBER. MR. MOSKOWITZ YOU ARE PLAYING WITH $50,000 OF SCHOOL TAX MONEY. WE NEED SOMEONE THAT OAN TELL THE TRUTH. WHEN THE MEETING WAS CALLED BAOK THE OHARTER SCHOOL PROJECT ENGINEER ASKED THAT THE MEETING BE RESCHEDULED FOR THE NEXT PLANNING AND ZONING COMMISSION ON JUNE IST. CITY ATTORNEY RiCH STRINGER AND JOSEPH SCHULKE CHAIRMAN HAD A FEW WORDS AND THE MEETING WAS ENDED AT THAT TIME. I DID OBJECT TO THIS BUT WAS TOLD I COULD NOT TALK. THE PUBLIC WAS SHUTOFF. THIS WAS NOT THE CORRECT PROCEDURE. THE PUBLIC CAME TO TALK AND ALL OF US WAS OUT OFF. HOWEVER,I DID GIVE THE CHAIRMAN JOSEPH SCHULKE A PETITION SIGNED BY OVER 250 RESIDENTS FROM THE IMMEDIATE AREA. i HAVE COPIES FOR THE BOARD. OTHER ITEMS THAT SHOULD HAVE BEEN LOOKED iNTO. THERE ARE THREE LOCATIONS THAT SELL LIQUOR WITHIN TWO MINUTES WALKING DISTANCE. FROM THE SCHOOL. WHEN THE NEW WALGREENS WENT iN THEY HAD TO AGREE NOT TO SELL LIQUOR AT THAT LOOATION BECAUSE OF THE STUD.ENTS USING THE LIBRARY. THE STUDENTS OAN ALSO OBTAIN WHIPPED CREAM IN PRESSURE OANS AT KASH N' KARRY ON LUNCH OR AFTER SCHOOL. THIS tS USED TO OBTAIN A HIGH ON THE GAS, THEY CAN GET THE GAS OUT WITHOUT REPROVING THE CREAM. ! HAVE A CAN THAT I PICKED UP ON THE SITE OF THE THIS PROPOSED LOCATION. THiS IS NOT A SAFE AREA FOR A SCHOOL, THE .688 OF AN ACRE CAN'T SUPPORT THIS PROJECT. NO SIDEWALKS, NO ROOM FOR PARENT/GUARDIAN PICKUP. NO MANEUVERABILITY FOR FIRE EQUIPMENT AND AND ZT WAS STATED THAT THE BUSES WILL HAVE TO.BACK UP TO TURN AROUND; WITH THIS ANOUNT'OF TRAFFIC WE DON'T NEED TO JEOPARDIZE THE CHILDREN TO THIS UNSAFE' HEAVY NOISE ENVIRONMENT. THIS SCHOOL IS FOR STUDENT THAT NEEDS ADDITIONAL HELP AND THEY DON'T NEED DISTRACTION FROM THE NOISE. THIS SIZE PLAT WILL HAVE NO NOISE PROTECTION AT ALL. LET US DO tT RIGHT THE FIRST TIME. DON'T LET A TIGHT SCHEDULE OR ANY OTHER POLITICAL PRESSURE PUT THIS SCHOOL AT THE WAVE STREET LOOATION. LET'S FIND A PROPER NEW LOCATION ALONG WITH A CHARTER SCHOOL DIRECTED. LET'S TAKE A GOOD LOOK AT THE PROPOSED FILBERT STREET PARK AREA. CHAMBER OF COMMERCE May 24, 2OOO Sebastian City Council, At a Community Awareness Meeting, held on May 23rd at City Council Chambers, a discussion took place on a highway project for US 1 in Sebastian. It was quite evident from the individuals in attendance that the proposed changes would put both a personal and financial hardship on business's in the area. One of the main concerns stemmed from the suggestion to eliminate on-street parking to accommodate a designated bike lane and two travel lanes in each direction. · We are all well aware of the need for parking spaces in our commurfity. If the Department of transportation is allowed to perform this work on State Road 5 (US-1) it will create an environment where only larger businesses could succeed, by purchasing the older structures to build parking lots. Our efforts to create a business community where large and small businesses may thrive together woutd be moot. We ask you, our elected officials, to take what ever measures necessary to modify these plans and pursue a course that maintains not only parking but also the beautification of US-1. Adding more greenery to presently concrete filled medians and not eliminating the utility strip between the sidewalk and the curb will add to our village atmosphere. We must not close median openings and force traffic to make U-tums at major intersections. Attached is a list of businesses we have spoken to that are opposed to this project as it was presented. Sincer ely,.,,~_,/,~~ Yard of Directors RC/dk 700 MAIN STREET [] SEBASTIAN, FL 32958-4199 PHONE: (561) 58975969 [] FAXf (561) 58975993 http: / / sebastian, fl. us / chamber email to - srachamber@sebastian.fl.u$ SEBASTIAN BUSINESSES REQUESTING MOD ICATION OF PROJECTED PLAN FOR US HIGHWAY 1 KEY WEST 1580 US 1 LINNEA' S LINENS, INC. · 1133 US 1 THE OLD OPERA HOUSE GALLEKY 1125 US 1 NATIONWIDE INSURANCE 990 US 1 SEBASTIAN ANIMAL HOSITAL 948 US 1 RE/MAX RIVERSIDE 936 US 1 FOX HOLLOW FUDGERY 909 US 1 COLDWELL BANKER US 1 & MAJN ST. PELICAN PUB 1318 US 1 MEL FISCHER'S 1322 US 1 FLORIDA HIWAY INSURANCE 7]7 US 1 'CATALANO MOTORS 1301 US 1 ~ CAR STORE 916 US 1 DISCOUNT GOLF 1614 US 1 CLARK WATER 1613 US 1 ORCHID ISLE BOUTIQUE 1618 US 1 KANDY'S TROPFrrRS & TEE'S 1624 US 1 ERA MID FLORIDA REAL ESTATE 1623 US 1 PROFESSIONAL ANIMAL WORLD US 1 SEBASTIAN ANIMAL HOSP & BIRD CLINiC 948 US 1 REALTY PLACE, INC. 1108 US 1 RIVEKHOUSE LANDINGS US 1 SEBASTIAN CENTER 1627 US1 WASHINGTON PLAZA US 1 SRL PROPERTIES US1 ACE HARDWARE 712 CLEVELAND STREET [PS VENTURES, INC, 1208 US 1 The a,,~re, mcntioned b,,.~i~sses worn spoken to directly by SRA.Chamber of Commercc rcprcsentativcs. It is their agr~a~nt that tl~ proj~-ted plan for US 1 be modified to fit tl~ needs of Sebastian as mentioned in the attached letter. Dated: 5124/00 ~Z ..... Z~~Z Z~d  ZZZZZ ZZZ z~od z~ ZZZ ZZZ ZZZ ZZZ ZZZ ZZZ ZZZ 0 000000 ~ 000 ~ ~ ~~ 000 ~ 000 O~ 000 ~mm 0000 O0 0 m z~ ~m m > m ~ mm ~ ~ m z~~ mm m ~o~ ~ 0 0 ZZZ zzz ~z zz~o~z zzz z~z zzz ~m z ~z zzzz~z~r m 0 -I nl C) 0 Z SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY (CITY COUNCIL) AGENDA WEDNESDAY, MAY 24, 2000 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. NEW BUSINESS A. Review Ordinance No. O-00-16 - Comm~pity R~levelopment Trust Fund (Finance Director Transmittal 5/17/00. O-00-16._Finance [;)irectqr Memo 4/25/00. FS 163.387 Excerpt, Summary of ~,ll{tpges to Section 78-30) PLEASE REFER TO COUNCIL AGENDA PACKET PAGES 153 - 164 FOR BACKUP AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 78*30 OF THE CODE OF ORDINANCES, COMMUNITY REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 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 MA Y 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, (2e6.OlO5 F. SJ 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. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MAY 24, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council- limit often minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION/MOMENT OF SILENCE 4. ROLL CALl. 5. ,AGI~I~A MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS O0.016 A. Presentation of Check to City of Sebastian by Flodda Inland Navigation District Representatives 00.125 B. Presentation of Certificates of Appreciation to Students Participating in Future Development of Barber Street Sports Complex Fred Balsam A.J, Doan Peace Sanchez Jennifer Brown J.P. Gusin Tanna Turner Para Cary Amy McDonald 00.126 C. Presentation by Friends of St. Sebastian River - Environmental Enhancement Award 00.127 D. Presentation by Capital Sanitation - Enhancements to the Operation 7. CIT~ ATTORNEY MATTERS 8. CITY MANAGER MATTERS 00.128 A. Discussion - St. Johns River Water Management District Relative to Water Levels Within the City of Sebastian (No Backup) 9. CIT~' CLEI~K MATTERS 00.130 00.119 00.110 00.042 00.065 10. 11. 12. CITY COUNCIL MATTF~ A. Mr. Majcher B. Mayor Barnes C. Vice Mayor Bishop D. Mr. Barczyk E. Mr. Hill CONSENT AGENDA All items on the consent agenda are considered rouUne 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 - 5/3/00 Workshop, 5/10/00 Regular Meeting Fischer Wedding Reception - Community Center - 6/17/00 - 6 to 10 pm - Security Paid - Age Verified - for A/B Request - 75 Attendees (City Clerk Transmittal 5/16/00, Application) PUBLIC HF.A.I:~ING Procedures for public hearings: (R-99-21) . Mayor Opens Hearing , Attorney Reads Ordinance or Resolugon · Staff Presentation · Public Input - Limit of Ten Minutes Per Speaker ° Staff Summation · Mayor Closes Hearing · Council AcUon Anyone 148shing to Speak is Asl(ed to Sign Up before ~he Meeting, When Called go to the Podium and State His or Her Name for the Record Ordinance No. O-00-11 - Change_in Per[nitted Use in Industrial Zoning District - Second R_eadjn. g and Second Public Heafi~ (Growth Management Director Transmittal 5/18/00. (~-00-11~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-3.14 IN, INDUSTRIAL DISTRICT, OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (Display Ad 5/3/00, 1st Reading and 1 st Public Hearing 5/10/00, Display Ad 5/17/00, 2nd Reading and 2nd Public Hearing 5/23/00) Ordinance_ N.~)~ 0-00-1:2 - Regulate Elevation of Fill M~.r[al at Construction Sites- Second Reading and Public Hearing ~jty M~lRager Transmittal 5/18/00. O-00-12) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 26 TO REGULATE ELEVATIONS OF FILL MATERIAL AT CONSTRUCTION SITES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 4/25/00, Legal Ad 5/10/00, Public Hearing 5/24/00) Ordinanqe No. O-00-13 - Amending Fiscal Year 2000 Budget - Second Reading and Public Hearing (Fi~arl~:e Director Transmittal 5/18/00, O-00-1.3~2~d Qtr Budget Review Memo and Irtcoj3qe Statement by Fund at Character [,.~yel, Project Status Reports by Fund, Investment Summary_) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT "A'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 5/10/00, Legal Ad 5/12/00, Public Hearing 5/24/00) ~J~dirt~nce No. O-00-15 - Adopting New L~rt~t Development Code - First Reading anqi I~iy~t_P~blic Hearing - Second I_l_R~ading and Second Public Hearing Scheduled for 6/14/00 (Growth Manag.e~{~it Transmittal 5/18/00, O-00-15. L~C Revisions. City Attorney Suggested AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REWRITING CITY CODE CHAPTER 20A, THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTS; PROViDiNG FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Display Ad 5/17/00, 1st Reading and 1st Public Hearing 5/24/00, Display Ad 5/31/00, 2nd Reading and 2nd Public Hearing Scheduled for 6/14/00) 00.131 Resolution No, R-00-30 - Modification to Golf Course Rates (Finance Director Transmittal, R-00-30) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO FEES AT THE SEBASTIAN MUNICIPAL GOLF COURSE; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR AMORTIZATION OF MEMBERSHIPS; PROVIDING FOR EXPIRATION OF GIFT CERTIFICATES; PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE. (Display Ad 5/22/OO) 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was ~scovered within the prevfous six months which is not otherwise on the agenda - sign-up required - #mit of tan minutes for each speaker 14. COMMITTEE REPORTS/RECOMMENDATIONS 00.006 A. Board of Adjustment 1. Interview, Unless Waived, and Appoint One Regular Member Effective 6/1/2000 with Term to Expire 6/1/2003 (City Clerk Transmittal 5/15/00, Application, Member List, Ad) 15. OLD BUSINESS 16. ~.~w BI, SINEWS 00.132 A. Authorize City Manager to Execute Airport Lease Agreement Between Orange Peel Enterprises, Inc. (d/b/a Greens +) and City of Sebastian (City Manager Transmittal 5/18/00, Proposed Lease Agreement) 00.120 B. Ordinance No. O-00-16 - Community Redevelopment Trust Fund - First Reading - Set Public Hearing for 6/28/00 (Finance Director Tr~n~pt[ttal 5/1_~'/g9~ Q-QD-1.6._F_ilqajq~;e .Dim[:to.r_MemQ ~5/00. F~ 11~3,387 I~xcerpt, Summary of Changes to Section 78-30) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 78-30 OF THE CODE OF ORDINANCES, COMMUNITY REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, 00.133 C. Authorize City Manager to Execute St. Johns River Water Management District Renewal Agreement (City Manager Transmittal 5/19/00, Agreement) 17, ADJOURN (All meetings shall adjoum at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE B Y THE CITY COUNCIL WITH RESPECT TO ANY MA TTER CONSIDERED A T 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. SJ 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. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Ul)cornin~7 Meetln~3s: o Regular Meeting. Wednesday, 6/14/2000.7 pm , Regular Meeting. Wednesday, 6/28/2000.7 pm 3 PUBLIC HEARING SIGN-UP SHEET MAY 24, 2000 CITY COUNCIL MEETING O0.~g O~dinance No. O-00-11 - Change in Permitted Use in Industrial Zo0i~g District - Second Reading and Second Public Hearing (Growth Management Director Transmittal 5/18/00, 0-00-1 l) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-3.14 IN, INDUSTRIAL DISTRICT, OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (Display Ad 5/3/00, 1 st Reading and 1 at Public Hearing 5/10/00, Display Ad 5/17/00, 2nd Reading and 2nd Public He~g~5/23/00) ADDRESS ' NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS 00.1~0 Ordinance No, O-00-12 - Regulate Elevation of Fil!_[Vlatefial at Construction Sites - Second Reading and Pub~ Hearing (City Manager Transmittal 5/18/00, O-00-12) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 26 TO REGULATE ELEVATIONS OF FILL MATERIAL AT CONSTRUCTION SITES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 4/26/00, Legal Ad 5/10/00, Public Hearing 5/24/00) NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS 3 00.042 Ordinan..c_~ [NQ, Q-00-13 - Amending Fiscal Year 2000 Budget - Second Reading and public Hearing (Finance Director Transmittal 5/18/00, O-00-13, 2nd Q~ BudclelL~eVie_vy Memo and Income Statement by Fund ~t Cheracter Level. Project Status Reports by Fund. Investment SujTl~nary) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT 'A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 5/10/00, Legal Ad 5/12/00, Public Hearing 5/24~00) NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS 4 00.065 Ordinance No. O-_00-15 - Adol~JjE(~ New_Land D_~yelopmertt code - Fimt ~eadirtg and First Public Hearing - Second Reading and Second Public Hearing Scheduled for 6/14/00 (Growth Manag~meJ;).t TJ:~o~m[~l 5/19/00, 0-00-15. LDC Revisions. City Attorney Suggested Options) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REWRITING CITY CODE CHAPTER 20A, THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLiTY; AND PROVIDING FOR AN EFFECTIVE DATE. (Display Ad 5/17/00, 1st Reading and 1st Public Hearing 5/24/00, Display Ad 5/31/00, 2nd Reading and 2nd Public Hearing Scheduled for 6/14/00) NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS ®5 00.131 Resolution No. R-00-30 - Modification to Golf Course Rates (Fine_nee Director Transmittal, R-00-30) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO FEES AT THE SEBASTIAN MUNICIPAL GOLF COURSE; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR AMORTIZATION OF MEMBERSHIPS; PROVIDING FOR EXPIRATION OF GIFT CERTIFICATES; PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE. (Display Ad 5/22/00) NAME NAME ADDRESS ADDRESS ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS 6 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months MAY 24, 2000 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Name: Subject: Name: Subject: Name: ~~ Subject: Name: Subject: Name: Subject: Name: Subject: Name: Subject: Name: Subject: