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HomeMy WebLinkAbout09132000SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 13, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED iN THE OFFICE OF THE CITY CLERK - f225 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. ROI.J, CALL City Council Pr~ent: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stdnger Deputy City Clerk, Sally Maio Administrative Secretary, Joanne Sandberg City Engineer, Ralph Brescia Finance Director, Mark Mason Growth Management Director, Tracy Hass Police Chief, Randy White Parks Superintendent, Chds McCarthy i~,eegular City Council Meeting ptember 13, 2000 Page Two 00.155 00.193 AGENDA MODIFICATIONS (^DDITJQN~ 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 addition of 1) Resolution R-00-52 authorizing application for a Law Enforcement Block Grant to the consent agenda; and, 2) proposed settlement agreement for the Michelle Morris vs. City of Sebastian lawsuit. He also advised that Meredith Fox had submitted an application for the Construction Board after the deadline and inquired whether Council wanted to consider it. By consensus, Resolution No. R-00-52 was placed on the consent agenda item E; Mrs. Fox's application was accepted for consideration - item 15.A.1 .; and the Morris settlement agreement was placed under New Business item G. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS None. CITY AT'I'ORNEY MATTERS A. Policy on City Canal Vegetatigo F]{~mova_! (~/~ The City Attorney had distributed documentation entitled "Policy Paper - The Enhancement of Sebastian's Canal System" dated September 2000 several days before the meeting. It was the consensus of Council to place the item on the September 27, 2000 agenda. CITY MANAGER MATTERS A. Tra~c Intersection of En_glar and CaDrona - City Engio~eruR. i]ll~b Brescia (No Backup} The City Engineer gave a brief report on the traffic intersection of Englar and Caprona, noting he can not recommend installation of a three way stop based on the no accident history and sufficient visibility. A bdef discussion took place on pedestrian concerns for this intersection brought to light by residents to a previous Council last year. B. [.ease~greements fQf ~lrber Street Spolts Complex (No Backup) Following input from the City Manager relative to high city costs to maintain the sports complex and provide electricity for various sports organizations which lease the complex, it was the consensus of Council that it did not want to charge excessive fees to the organizations since the City should be providing service to the community, but that perhaps there could be a means to achieve better cooperation from them for cleanup and maintenance. The City Manager said he would come back with a recommendation in the near future. The City Manager reported that Capital Sanitation had contacted him to advise that their entire fleet was down temporarily but should be operational tomorrow. CITY CLERK MATTERS None. {~eegular City Council Meeting ptember 13, 2000 Page Three 00.196 10. 11. CITY COUNCIL MATTERS A, Mayor Barnes 1) 2) 3) Discussed problems with Capital Sanitation and Charter Communications. The City Manager reported on discussion with Charter relative to a disconnection made last week, whereby he requested they develop a more efficient public notification system. Announced the Coast Clean-up on Saturday, September 16, 2000 from 8 am to 11 am Received a consensus of Council to support efforts by the 75th Anniversary Committee, however, the City Manager advised that the Committee will make a presentation to Council on September 27, 2000 with specifics on their planned activities B. Vice Mayor Bishop None. C, Mr. Barczyk None. 1) 2) 3) Reported people had concerns about dog droppings in parks noting dogs are not allowed in parks Received input from the City Attorney on basketball hoops on city right-of-way, whereby the code does not allow structures in the right-of-way but moveable goals do not meet the definition of structure Suggested Laconia Street be realigned for safety reasons. He provided a drawing of his idea to the City Manager who said it may be a viable option. E. Mr. Majcher 1) Reported that oak trees are being delivered to Sebastian Elementary on Saturday, September 16, 2000 and volunteers are needed for planting CONSENT AGENDA All items on the consent agenda are considered routine end will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of C~y Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 8/23/00 Regular Meeting Remove Leonard Galbraith from Construction Board in Accordance with Section 2-173 Code of Ordinances (Construction Board Transmittal 8/24/00, 3 Months Roll Calls, Sec 2-173) Purchase John Deere Gator Truckster for Public Works Roads and Drainage from John Deers Governmental Sales in the Amount of $6454.50 - Piggyback Hernando County School Bid #SBHC 99-00-24 - One Year Parts and Labor Warranty (Public Works Transm~al 8/24/00, Brochure, Technical Specs) lular City Council Meeting September 13, 2000 Page Four Do Resolution No. R-00-52 - Authorize City Manager to Apply for Law Enforcement Block Grant The City Manager read the consent agenda and the City Attorney read Resolution No. R-00-52 by title. Mr. Bishop removed item C. MOTION by Barczyk/Hill "1 move to approve consent items A, B, and D." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Iteryl C - John Deere Gator '[rucl~te[ Mr. Bishop asked about placement of purchase items on the consent agenda. The City Manager said there is no legal requirement not to place purchase items on the consent agenda, however, he would try to be conservative in doing so. MOTION by Bishop/Barczyk ~1 move to approve consent item C." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 4 eegular City Council Meeting ptember 13, 2000 Page Five 12. PUBLIC HEARINGS 00.103 A. First Public Hearing on Fiscal Year.~0...qQ~2001 Millage/Budget (As Required by State Law- TRIM Notice Sent from Indian River County Property Appraiser Announced First Public Healing) Mayor Barnes opened the public hearing at 7:46 p.m. TAPE I. SIDE II (7:48 p.mJ Announcement of Tentaliye Millage Tax Rate of 5.0000 Mills W..hjc~.h js ,11% Less Than Rolled Back Rate of 5.0053 Mills The City Manager announced the tentative millage rate, recommended approval and said he would respond to questions. · Public Comment Sal Neglia, Sebastian, questioned the need for a street sweeper, vacuum truck and recommended use of old police vehicles by departments. Tut Connelly, Sebastian, read a prepared statement relative to staffing Adopt Tentative Millage Rate of 5.0000 Mills for Calend{lr year 2000 and Set Second p~blic Hearing for Final Adoption of ~{~91ution R-00-49 on 9/27/00 MOTION by Hill/Bishop '1 move to adopt a tentative tax rate levy of 5.0000 mills for calendar year 2000, set a second public headng for adoption of the tax law rate on September 27, 2000 and advertise same in accordance with Florida Statutes." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Adopt Tenta~iw Budget for Fiscal Year 2000/20Q! arid Set Second Public Hearing for Final Adoption of R~oJvtion R-00-50 on 9/27/00 MOTION by Majcher/Bishop "1 make a motion to adopt the tentative budget for Fiscal Year 2000/2001, set public hearing for final adoption of Resolution R-O0-50 on the 27th." Discussion took place on the safety vehicle at the airport and a recommendation for staff to look into the cost effectiveness of subcontracting rather than purchasing the street sweeper and vacuum truck. eegular City Council Meeting ptember 13, 2000 Page Six 00.148 B, TAPE II- SIDE i (8:32 p, mJ 13, ROLL CALL: MOTION CARRIED 5-0 Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye ~econd Reading. P~IbI[C Hearing and Fit~al Adoption of Ordinance No. O-00-ZQ - Amending Park ~se OrdiB.p.Q~ (C/t/Attorney Transmittal 9/6/00, 0-00-20) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE I, CHAPTER 74 OF THE CODE OF ORDINANCES, PARKS AND RECREATION - IN GENERAL; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (15t Reading 8/9/00, LegalAd 8/30/00, PH Mayor Barnes opened the public hearing at 8:10 p.m., and the City Attorney read Ordinance No. 0-00-20 by title only. Sal Neglia, offered several recommendations. The City Attorney suggested addition of language to page circle 37 (e) as follows: add "or with public policy" after 'generally". Mayor Barnes closed the public hearing. MOTION by Majcher/Hill '1 move to adopt Ordinance 0-00-20 as amended." Discussion followed on the provision which would allow Council approval of alcoholic beverages at City sponsored park events. ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 QUASI-JUDICIAl, PUBLIC HEARINGS oo. 197 A. l~e~olution No. R-00-45 Approying Special U~{~ Pgymit fQr a Car Wash in C-512Zoning District (Lots 12-15. Block 186. Unit 8~ ( Gr~lh Management Transmittal 8/3 t/00. R-O0-_45, Applica#on, Staff R~pgt~, P & Z Minutes. Loca~on Map) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR CHESTNUT 512 CARWASH LOCATED ALONG C.R. 512 EAST OF BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (Advertised in Legal No#ces and Lette~s to Surrounding Property Owners 8/29/00) eegular City Council Meeting ptember 13, 2000 Page Seven Mayor Barnes opened the quasi-judicial hearing at 8:33 p.m., and the City Attorney read Resolution No. R-00-45 by title. There was no ex-parte communication to be disclosed. The Deputy City Clerk swore in all those who intended to offer testimony. Applicant Kenneth C. Chestnut, 9840 88th Street, Vero Lake Estates, and Robert Obonowsld(?), 1435 33rd St SW, Vero Beach, briefly described the project. The Growth Management Director presented staff report as submitted in the City Council agenda packet, including conditions recommended by Planning and Zoning. (See attached) The City Attorney explained guidelines for special use permits as outlined in the Code of Ordinances. Arthur Harris, 861 Dale Circle, Sebastian, opposed the project citing noise and traffic. City Council discussion followed. MOTION by Barnes/Bishop "1'11 make a motion to approve Resolution R-00-45 approving the Special Use Permit for the car wash in C512 zoning district." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - nay Mr. Majcher - nay Mr. Hill - nay MOTION FAILED 2-3 MOTION by Barczyk/Hill "1 make a motion to deny the application.' Issues cited were traffic, building design, and that car washes were not a part of the vision for the C512 overlay district. ROLL CALL: Mr. Bishop - nay Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-1 7 ~egular City Council Meeting September 13, 2000 Page Eight Mayor Barnes called recess at 9:10 p.m. and reconvened the meeting at 9:24 p.m. All members were present. Resolution No. R-00-46 - ,a~pproye ,~(;:0rp Acres Subdivision Preliminary Plat to Add 1,95 Acres tP Existing 3.04 Acres for M[0j-~tPragq Upits (Growth Management Transmittal 8/31/00. R-00-46. Application, Staff Repor~ P & Z Minutes. Preliminary Plan~Jte Plan and Lo~ation Ma~) A RESOLUTION OF THE CiTY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS ACORN ACRES SUBDIVISION LOCATED ALONG C.R. 512 WEST OF F.E.C. RAILROAD RIGHT-OF-WAY; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (Advertlsedln Legal Notices end Le~ters to Surrounding Property Owners 8/29/00) Mayor Barnes opened the quasi-judicial hearing at 9:25 p.m., and the City Attorney read Resolution No. R-00-46 by title. Mr. Bishop stated he had spoken to someone about the issue several months ago. The Deputy City Clerk swore in all those who intended to offer testimony. Todd Smith, engineer of record for the project, spoke on behalf of applicant, David Fahmie. The Growth Management Director gave a brief staff presentation. There was no public input. MOTION by Barczyk/Hill "1 move we hold a public headng and approve Resolution R-00-46 for the Acorn Acres Subdivision Preliminary Plat." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 00,200 14. INTRODUCTION OF NEW BUSINg. SS FROM THE PUBLIC Item that has occurred or was ~scovered within the prevfous six months which is not othe~vlse on the agenda, sign.up required, limit of ten minutes for each speaker Sal Neglia, Sebastian, suggested the City do something about people talking on cell phones while driving. 15. COMMITTEE REPORTS/RECOMMENDATIONS Construction Board 1. Interview Applicant, Unless Waived and Appoint to One Position (City Clerk Transmittal 9/7/00, One Application, Member List, Ad) Application from Meredith Fox had been added for consideration by consensus of Council. 8 oRegular City Council Meeting September 13, 2000 Page Nine TAPE II. SIDE II (9:30 p.m.) City Council interviewed R. Scott Taylor and Meredith Fox. Discussion took place on the appropriate positions for the applicants. 00.187 16. MOTION by Barnes/Hill "Let me make a motion to approve Meredith Fox to be reappointed to the regular contractor member position." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk ~ aye MOTION CARRIED 5-0 The City Attorney noted the Code requires two regular contractor positions. MOTION by Barnes/Majcher "1'11 make a motion to appoint R. Scott Taylor to the number four position contractor.' ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 OLD BUSINESS Authorize City Attorney to File Release of Lien Against Property of Herbert Sturm - Carried Forward from 8/23/0QMeeting (Backup from 8/23/00 Meeting, Presentation 14~ll Be Made at Meetin~ The Chief of Police presented recent aerial photos and photos taken in 1992/1993 of Mr. Sturm's property. The Growth Management Director stated that Code Enforcement Officer Tim Zielinski was not allowed by Mr. Sturm to enter the rear of the property, but that he had seen piles of lumber on the side of the property. He stated that the piles of lumber and 55 gallon drums stored on the property were violations of the nuisance code, and it appears to staff that he is still in non- compliance. He read from a chronological list dated 1992 to 1998 relative to this matter. MOTION by Bishop/Majcher "1 move that we do not release the lien against Herbert Sturm's property, located at 549 Saunders Street, until he allows proper authorities on the property to determine whether or not he's still in violation of codes for which he was cited in 1992." The City Attorney advised Council on the use of liens in Code Enforcement cases, noting that the courts had validated the initial Code Enforcement action. eegular City Council Meeting ptember 13, 2000 Page Ten ROLL CALL: MOTION CARRIED 5-0 Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill - aye - aye - aye - aye - aye 17. NEW BUSINESS oo.2ol A. Auttmrize City Manager t~) E~(ecute Agreement with Hanifen. Imhoff. Incj for Financ~ Consultancy Services (Finance Director Tr~l).~ll#j~el {~30/00, Agreement) Carlos Peretta addressed Council on the firm's background. 00.177 B. MOTION by Barczyk/Hill "1 move to authorize the City Manager to execute the Agreement between the City of Sebastian and Hanifen, Imhoff,' ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 Authorize Purcb_as.e [~rld ll~stallation of Playground Equipment ~m_Miracle Recr~e~ot~ Equipment Company and Site Preparation J;[y the City for a Tgf~ (~qst of $74.397.08 (Public Work~ Transmittal 9/7/00. State Contract Price_ Quote, Cost E~jmate, 3-D Diagram Under Separate Coved The City Manager gave a brief presentation, stating a portion of the existing playground will be retained. TAPE III - SIDE I (10:20 p.m.) The Parks Superintendent said prices had been obtained from three vendors. MOTION by Bishop/Barczyk "1 move to authorize the purchase and installation of playground equipment from Miracle Recreation Company and site preparation by the City as described, for a total cost of $74,397.08." ROLL CALL: MOTION CARRIED 5-0 Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye It was noted that delivery will be approximately five to six weeks and the playground will have to be closed for approximately two weeks for installation. ]0 {~eegUlar City Council Meeting ptember 13, 2000 Page Eleven oo.2o2 C. 00.203 D. MOTION by Bishop/Hill "1 make a motion to extend the meeting to 11 pm." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Award Bid for City Hall Windgw Restoration Contract to Low Biddey Bill Bryant & Associates. Inc, in the Amount of $4~,998 (Purchasing Tran~mEtal 9/7~00, Bid Tabulation Sheet. Bid Propos~l Pdc~ ?orm & Assoc, Documents. Scope o(Work) The City Manager gave a brief presentation on bids received. MOTION by Hill/Barczyk "1 move to award City Hall Window Restoration Contract to iow bidder, Bill Bryant & Associates, inc. in the Amount of $40,998, and authorize staff to execute a contract for same." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr, Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 First Reading 91~_Or~linance No. O-00-21 -~Aband.gr~ent of City Interest in Amedcan Legion Easement- Schedule [P~lblic Hearing for 10/11/00 {City.?,ttorney Transmittal 8/30/00. O-00-21 w/Exhibit "A"), AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY. FLORIDA, ABANDONING INGRESS/EGRESS EASEMENT FROM AMERICAN LEGION PROPERTY AT C.R. 512; PROVIDING FOR CONFLICT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read Ordinance No. O-00-21 by title, gave a brief presentation and recommended approval. The City Manager responded to questions from Council relative to the need for the easement. MOTION by Barczyk/Bishop "1 recommend that Ordinance O-00-21 first reading and schedule public hearing for October 11,2000 be approved." ROLL CALL: MOTION CARRIED 5-0 Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye eegular City Council Meeting ptember 13, 2000 Page Twelve _First R.~ding of Ordinance No, 0-00-22 - Swale Pa~l'kirtg - Schedule Public Hearing for 10/11/00 (City Attorney. Transmittal 9/7/00, 0-00-22) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 98 TRAFFIC AND VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read Ordinance No. 0-00-22 by title, and stated he had provided a modification to 98-36 and addition of a new section 98-39. Mayor Barnes noted the City Manager, City Attorney and he had met with local builders on the ordinance. Chief White requested adding a time limit in 98-33.1. It was the consensus of Council to add "within 24 hours" after "removed" and in 98-39(c) add "and stored" after "towed". MOTION by Hill/Majcher "1 move to pass Ordinance 0-00-22 at first reading and schedule public hearing for October 11,2000 as amended." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 oo.2o4 F. Review Proposed November and D..e.c~mber 2000 Calendars and Res.~he_dL~l~ City Council Meetings A¢c,_ordjpa~y (~JtY Clerk Transmittal 8/3 ~/00. C~l~t~dars) It was the consensus of City Council to cancel the November 22, 2000 Regular Meeting, and to reschedule the December meetings to the 6th and 20th. 00.205 G. Michelle M~rds Settlement Agreement The proposed settlement agreement had been distributed at the start of the meeting (see attached). The City Attorney briefly explained provisions of the settlement and recommended approval. MOTION by Barnes/Majcher *1'11 make a motion to approve the settlement agreement between Michelle Morris and the City of Sebastian as shown in the 9/12/2000 copy of the settlement agreement." ROLL CALL: Mr. Barczyk - aye Mr, Majcher - aye Mr, Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 {~egular City Council Meeting eptember 13, 2000 Page Thirteen 18. Walter~~nes ~ Mayo~r.~..~/~ ~ ~ ~,~ Kath~n M. O'H~loran, MMC - City Cle~ ~ Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:56 p.m. ,2000 Regular City Council Meeting. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 POLICY · IIII III II III I IIIIIII The Enhancement of Sebastian's Canal System September 2000 t. :,'~,Jf~,..l."'~;.'../~..;.*,.I I~,.~. i , I" ,. · ..:,, . ':. ~;." ~:;, ,,,,..,.,,:.~.~,;.~,..".: '" ' .,",: .,;,.t..;;:'..~ :~,,:" .~'!.:.,',~:4~.:. ..- '~'.- ,..i ..... ~-,, .,......': ..... , '; ii 'i'..,., -";-";-~.~ .... ..;,......,. .-' ; ~- . ,v...~ '~.'v'..'%. ': '' '"'- ,'""~.~"'~':' ~'".';'"';,':-V'.: .... '.,: .'~::.'~..'.~.~':~'..,%,~(,'..-,-,.,. ;- ',: , ,., ~, .G_, b,:,"';':""v'~ ..-, ...... .... ' ' . 3;, J'' .", ;.~ :",".'-~'..~,',.," ,. .... ;. ~,'~';:...\~-.,:,.:,~: . ,~ "~,' '"' .... "'" ' ' ":"~":"i'~-~''''''''~'~'':' r, .. ..- .... . ..,....:~..,.:...; ...,,....~.:~,..:~-..,;..:~. ~ ..;. · ,.'~',.; ,t' '""-',.. L ',,'. ~'"'." ,'.' ' ,',,. .. .... .,.....- .. ..,.,-,,;~ ..:~.'; ~.~.. ~.~...~ '- ."~',', ," '7.', ",:7:':','i:;:' ''':'~' · :!':, 17 . .----~;,, ....... .!'L~i'::~ ~.~..~,~¢ C~thmrinu, Gidgimo 4709 ~ L.~n t',r. ~c~pkel. I=1.32'71 ~ {407) 990-,67'73 E-Mail: ~-GALC,~a~,Io(~ Wortdrl~La~,not POLICY PAPER: The Enhancement of Sebastian's Canal System I. OBJECTIVE - TURNING A SOW'S EAR INTO A SILK PURSE While many times we curse the legacy of open drainage that GDC lef~ the City, there is an opportunity to enhance the major canal system beyond its utilitarian function as stormwater drainage. Many communities in the state have canal systems that are treated as true assets in the quality of life for its citizens. Already our canals are teeming with all species of freshwater fish, migratory birds flock along their banks, raccoons wander along the water's edge and playfully wash their snacks in the canals.., all this from a public facility that by and large we consider, A quick look at a map of Waterway, Collier Creek, Schumann and treat as, a mere ditch. Sebastian reveals that the major canals -- Elkam Canal -- run throughout the heart of the City. While property owners on the canals enjoy certain riparian rights in the waterways, and indeed canal lots run at a premium t.o other similarly situated real estate, these canals belong to the public and should be managed in a way that bestows to the remainder of the community some of the recreational and aesthetic benefits enjoyed by those living along the canal banks. The objective of this Plan is to treat the canals more like waterways by protecting the existing vegetation, encouraging beneficial plantings along the banks, and providing facilities for public enjoyment, all in a way that preserves their primary function for stormwater discharge and enhances their filtration capabilities. H. VISION STATEMENT A Sebastian family has just finished a Sunday afternoon picnic in the park area beside the canal. While Grandpa takes the baby under the shade of the trees overhanging the bank for a little nap, Dad takes the little one down to the fishing dock for some bluegill action on the canepoles. Junior and his best friend are back from dropping the SUV off at the other park, and they're ready to put the canoes in for a lazy afternoon bird- watching/paddling excursion with Mom down the waterway. Property values are rising, and the living is easy... lI1. STEP ONE -~ PRESERVATION AND RESTORATION OF THE FAUNA The current discussion about the City's stewardship over the canal system arose over a couple of controversies involving clearing of the strip of' land located between residential lots and the adjacent seawall. The former City Manager had promulgated a policy (attached) that sought to set parameters on the degree to which a homebuilder could remove the vegetation from what is in truth City-owned property. Unfortunately, confusion as to the differences between the City's authority as a regulator, versus its authority as a landowner, has prevented the effective implementation of the desired policy objectives. The proposed policy will seek to preserve most of the natural plant growth along the canals, taking into account that canal lot owners are entitled to build docks and have a reasonable expectation of some view of the water. At the same time the City will undertake to encourage planting of desirable tree species that grow in a manner that has the least impact on water flow (swamp bay or redbay trees if within six feet of a seawall; pond or bald cypress also allowed if not). As they grow, these trees should have no more impact on water flow than the pilings of the docks now allowed on the canals, and they will provide environmental benefits of water filtration and wildlife habitat. A. Trimming of Brush An adjoining landowner will be allowed to obtain a permit to trim the height of shrubs and brush (but not desirable trees) within the middle 60% of the lot frontage. The brush may be trimmed no lower than a total height of four feet or one foot above the level of any seawall, whichever is higher. B. Removal of Vegetation A separate permitting process shall be available for any adjoining landowner desiring to remove vegetation from the City canal frontage. Nuisance species can be removed from any part of the canal frontage. The permit to remove vegetation will have a fee sufficient to cover the City's expenses in inspecting the site before removal to verify existing conditions at the site and a final inspection to ensure that the permit was followed. The City Land Development Code already provides that a dock may be constructed within the middle one-third of the canal frontage, and clear-cutting will only be allowed within the area to be covered by a dock. In exchange for the privilege of clearing an area for a dock, the landowner will be required to plant specimens of the desirable trees either equal to the number of trees actually removed by the clearing or, if greater, in accordance with the following formula: % of Frontage Cleared # of Trees O+ to 15% 1 15+ % 2 Within the middle one-third of the frontage where no dock is to be constructed, no desirable trees may be removed, but remaining vegetation may be cleared so long as one ~elected tree is planted within the cleared area for every 15 feet of impacted area. C. The City's Efforts For its part the City shall encourage civic groups to remove nuisance plants and plant desired vegetation, including desirable native grasses and small plants, along canal frontage that has been cleared in the past. LDC provisions shall be amended to allow a canal lot owner to receive tree point credits for up to two trees planted along the frontage. An extensive public education program will be enacted. D. Enforcement Wrongful removal of vegetation from the canal frontage shall not only be subject to a fine fi.om the regulatory aspect, but vegetation will be replaced in equal size and number and the costs thereof will be assessed against the landowner committing the violation. IV. STEP TWO -- RECREATIONAL DEVELOPMENT The public's appreciation of the waterway system can only be enhanced if an opportunity to use them is provided. The City already has Hardee Park that can provide access to the canal system north of C.R. 512. The County should be encouraged to restore the connection of the canals under C.R. 512. The development of the passive water park in conjunction with the Water Management District south of Englar Drive will provide another prime opportunity to build amenities that could include a canoe launch and small fishing pier. The City also owns land at the site of Elkam Dam, and a significant park parcel across the street, that could be used for picnic and canoe launch facilities. Out of respect for the solitude of the homes along the canals, it is recommended that gasoline-powered motors, now limited to 3 1/2 horsepower, be completed barred from the waterways. V. IMPLEMENTATION This plan will require a number of changes to the City codes that can be adopted in short order to implement the vegetation protection provisions, and the recreational elements can be addressed step-by-step in the budgetary process. September 8, 2000 City of Sebastian, Florida 1225 Main Street [~ Sebastian, Florida 32958 .Telephone (561) 589-5330 S Fax (561) 589-5570 Date: December 8, 1.998 To: From: Tracy F[ass, Growth Management Director Terry Frill, Public Works Director George Bonacci, Building Director Thomas W. Frame, City NIanager/f' tff~.~ Subject: Lot Clearing and Drainage Review on Waterfront Properties Effective immediately, please make sure that all request~ for lot clearing and drainage approvals on waterfront properties or lots ident2f7 the mar property 1/ne abutting the adjacent water body.. Of pr/mary concern is the land lying between the rear property llne and the edge of water of the abutting body o£water. The area between the rear property l_i=e and the edge of water is publicly owned in most cases. Any request to clear these areas should not be approvec[ with the stand~d permit issued for the clearing of the privately owned property without ~pec/.fic details relating tO selective ¢leariug to imure ttmt clear cutting will not occur. Aclclitionally, erosion or turbidity barriers ~hould be required as a condition for any allowed removal of vegetation within the publicly owned property. In order to determine what may be removed w/th/n that defined area of public owrmrship, applicant should meet w/th the staff on site and determine the ~um necessary to insure reasonable physical and visual access to the water. If after meet:rog with owner/contractor, ~tn~ is satisfied that proper steps are berg taken not to clear cut the site and that proper erosion control practices are going to be undertake=, approvals uuder those conditions would be acceptable. l_f you have any question regaraqug this matter, please contact me at your convenience. cc: The Honorable City Council ~ ,OF I,tUJt'..AN LM.,q, ND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, SEPTEMBER 13, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - f225 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 - Pastor Bob Uttleton - Lakeside Fellowship Church 4. [ROLL CALL 5. AGENDA MODIFI(~ATION$ (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. PRQCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS ?. CITY ATTORNEY MATTERS 00.155 A. Policy on City Canal Vegetation Removal (No Backup) 8. Cl]'Y MANAGER MATTERS A. Traffic Intersection of Englar and Caprona - City Engineer. Ralph Brescia (No Backup) B. Lease Agreements for Barber Street Sports Complex (No Backup) 9. CITY CLERK MATTERS 10. CITY COUNCIL MATTERS 00.193 O0. l g4 A. Mayor Barnes B. Vice Mayor Bishop C. Mr. Barczyk D. Mr. Hill E. Mr. Majcher 00.195 00.196 11. 12. CQ.NSENT 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 Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 8/23/00 Regular Meeting Remove Leonard Galbraith from Construction Board in Accordance with Section 2-173 Code of Ordinances (Construction Board Transmittal 8724/00, 3 Months Roll Calls, Sec 2-173) Purchase John Deere Gator Truckster for Public Works Roads and Drainage from John Deere Governmental Sales in the Amount of $6454.50 - Piggyback Hernando County School Bid #~SBHC 99-00-24 - One Year Parts and Labor Warranty (Public Works Transmittal 8/24/00, Brochure, Technical Specs) PUBLIC HI~ARIISI_GS Procedures for pubic heatfngs: (R-99-21) Mayor Opens Heelfng · Allomey Reeds Ordinance or Resolution · Staff Presentation · Public Input. Urnit of Ten Minutes Par Speaker · Staff Summation · Mayor Closes Hea~fng · Counc~ Action Anyone Wishing to Speak Is Asked to Sign Up before the MeeUng, When Ca,ed go to ~he Po(~um and State His or Her Name forthe Record First Public Hearing Qn FisceJ Year 2000/2001 Mjllaae/Budget (As Required by State Law - TRIM Notice Sent from Indian River County Properly Appraiser Announced First Public Heating) Announcement of Tentative Millage Tax Rate of 5.0000 Mills Which is. 11% Less Than Rolled Back Rate of 5.0053 Mills · Public Comment Adopt Tentative Millage Rate of 5.0000 Mills for Calendar Year 2000 and Set Second Public Hearing for Final Adoption of Resolution R-00-49 on 9/27/00 Adopt Tentative Budget for Fiscal Year 2000/2001 and Set Second Public Hearing for Final Adoption of Resolution R-00-50 on 9/27/00 00.148 Second Reading, Public Hearing ~nd Final Adoption of Ordinan{:p No. 0-00-20 - Amending Park IJ~f~ Qrc~jnance (Oily Attorney Transmittal 9/6/(20. 0-00-20) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE I, CHAPTER 74 OF THE CODE OF ORDINANCES, PARKS AND RECREATION - IN GENERAL; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 8/9/00, Legal Ad 8/30/00, PH 9/13/00) 00.197 00.198 13. QUASI-JUDICIAL PUBI. IC HEARINGS (See back of agenda for procedures) Resolutiorl HQ. R-00-4~ Al)Droving Special Use Permit for a Car Wash irt C-512 Zoni~ District (Lots 12-15, Block 186. Unit 8) (Growth ~fat3aqement Transmittal 8/31/00, R-00-45. Applica~fon, Staff P~ej;~t. P ~ Z Minutes. Location Map) a RESOLUTION OF THE CITY Of SEBASTIAN, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR CHESTNUT 512 CARWASH LOCATED ALONG C.R. 512 EAST OF BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (Advertised in Legal Notices and Letters to Surrounding Property Owners 8/29/00) Be~ql.qtion No. R-00-46 -Approve Acorn Acres Subdivision Prelimil~ary ~[~LILo Add 1.95 Acres to Existing 3~04 &qms_for Mini-Storage Units (Growth Management Transmittal 8/31/00, R-00-46. Application, Staff Reppl~, P ~ Z j¥~putes. Preliminary Plarv~ite Plan and Location Map) A RESOLUTION OF THE CITY Of SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS ACORN ACRES SUBDIVISION LOCATED ALONG C.R. 512 WEST OF F.E.C. RAILROAD RIGHT-OF-WAY; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (Advertised in Legal Notices and Letters to Surrounding Property Owners 8/29/00) 00.187 00.201 00.177 14. 15. 16. 17. INTRODUCTION OF NEW BUSINESS .FROM THE PUBLIC Item that has occurred or was d~scovered within the pret4ous six months which Is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS Construction Board 1. Interview Applicant, Unless Waived and Appoint to One Position (City Clerk Transmittal 9/7/00, One Application, Member List, Ad) OLD BUSINESS Authorize City Attorney to File Release of Lien Against Property of Herbert Sturm - Carried Forward from 8/23/00 Meeting (Backup from 8/23/00 Meeting, Presentation Will Be Made at Meeting) NEW BUS!NE~S Authorize City Manager to Execute Agreement with Hanifen, Imhoff, Inc. for Financial Consultancy Services (Finance Director Transmittal 8/30/00, Agreement) Authorize Purchase and Installation of Playground Equipment from Miracle Recreation Equipment Company and Site Preparation by the City for a Total Cost of $74,397.08 (Public Works Transmittal 9/7/00, State Contract Price Quote, Cost Estimate, 3-D Diagram Under Separate Cover) Award Bid for City Hall Window Restoration Contract to Low Bidder Bill Bryant & Associates, Inc. In the Amount of $40,998 (Purchasing Transmittal 9/7/00, Bid Tabulation Sheet, Bid Proposal Pdce Form & Assoc. Documents, Scope of Work) 00.156 E. First Reading of Ordinance No. O-q0-21 - Abandonment of City Interest in Americal~ Easement- ~;¢hedule Public Hearing for 10/11/00 (Cit3/Attorney Transmittal 8/30/00. O-00-2.1 ~v/Exhibit AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING INGRESS/EGRESS EASEMENT FROM AMERICAN LEGION PROPERTY AT C.R. 512; PROVIDING FOR CONFLICT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILI'I-Y; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading of Ordinance No. O-00-~.2 - ,~..'~i~le Parking - Schedule Public Hearing for 1Q/11/00 ( Cffy Attorney T£~n.~mittal 9/7/00. O-00-22.) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 98 TRAFFIC AND VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Review Proposed November and December 2000 Calendars and Reschedule City Council Meetings Accordingly (City Clerk Transmittal 8/31/00, Calendars) 18. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majodty vote of City Council) 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.) OMN COMPUANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS EETING 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. ~J~cpnl~o Meetinos: · Regular Meeting - Wednesday, 9/27/2000- 7 pm ° Regular Meeting - Wednesday, 10/11/'2000 - 7 pm ° Regular Meeting - Wednesday, 10/25/2000 - 7 pm 4 PROCEDURES FOR QUASI-JUDICIAL HEARINGS IN ACCORDANCE WiTH RESOLUTION NO. R-99-12 A. Gwearit~a of witq~, Any person presenting factual information to the tdbunal during the hearing shall be sworn. The adminis~ation of the oath or affirmation shall be done by the Clerk of the Tribunal on the record at the time the person comes to the podium. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely advocating the applicant's position, need not be sworn. B. Admissibility of Evidence. The City Attorney, upon an objection raised or upon his own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over-ruled by a majority of the Tdbunal upon a motion by any member thereof, Othen/vise, the Presiding Officer of the Tdbunal shall for the record receive any evidence presented and the same shall be maintained in the custody of the City Clerk. C. Time Limitations, The traditional practices of the Chair in presiding over the smooth conduc{ of the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the Tribunal by majority vote may set limits on the length of presentations and the number of witnesses on a case-by- case basis. D. Disclosure of Ex-Parte (~nicalion. At the time the Presiding Officer opens the hearing, members of the Tribunal shall disclose ex-parte communications in accordance with law, E. Order of 2. 3, 4. 5, 6. 7. 8, 9. Presentation. Alter the Presiding Officer opens the hearing, the matter shall proceed in the following order: The applicant or his agent shall make a presentation in favor of the request. The staff shall present ils findings and analysis. The Tribunal shall ask questions of the applicant and staff as it sees fit. The floor shall be opened to anyone in favor of the request who wishes to speak or ask questions. The floor shall be opened to anyone opposed to the request who wishes to speak or ask questions. The applicant is provided an opportunity to respond to any of the issues raised by staff or the public. Staff is provided an opportunity to summarize its position. The Tribunal deliberates the request, asking such questions as it sees fit. The Presiding Officer then entertains a motion and the Tribunal acts. Se~O~L2, APPLICATION. Due to the evolving nature of this area of the law, these procedures shall be utilized in the conduct of hearings on matters that are determined to be quasi-judicial under the laws of the State of Florida, PUBLIC HEARING SIGN UP SHEET SEPTEMBER 13, 2000 00.103 FIRST PUBLIC HEARING FOR TENTATIVE ADOPTION OF CALENDAR YEAR 2000 MILLAGE (5.0000 MILLS) AND TENTATIVE 200012001 FISCAL YEAR BUDGET (SECOND PUBLIC HEARING FOR FINAl.. ADOPTION TO BE HElD 9/27/00) ADDRESS ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS 00.148 B. PUBLIC HEARING SIGN UP SHEET SEPTEMBER 13, 2000 Second R~dit3g,.P~lb!i~.l-learing and Final Adoption of Ordinance No, 0-0_0-20 -Amending Park Use Ordin~lnce (CIO/Attorney Transmittal 9/6/00, 0-00-20) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE I, CHAPTER 74 OF THE CODE OF ORDINANCES, PARKS AND RECREATION -IN GENERAL; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 8/9/00, Legal Ad 8/30/q~0, PH 9/13/00) NAME ~ ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS QUASI-JUDICIAL PUBLL.C: HEARING S!G~ UP SHEET SEPTEMBER 1:3, 2000 00.197 A. Resolution No. R-00-45 Approving Special Use Permit for a Car Wash in C-512 Zoning District (Lots 12-15. Block 186. Unit 8) [Growth Management Transmittal ~31/00, IR-00-45., Al~l~lication, Staff Rel~ort, P & Z Minutes, Location Ma, D) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR CHESTNUT 512 CARWASH LOCATED ALONG C.R. 512 EAST OF BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (Advertised in Legal Notices and Letters to Surrounding Property Owners 8729/00) NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS QUASI-JUDICIAL PUBUC HEARING SIGN UP SEPTEMBER 13, 2000 00.198 B. Resolution No. R-00-46 - Approve Acorn Acres Subdivision Preliminary Plat to Add 1.95 Acres to Existing 3.04 Acres for Mini-Storage Units (Growth Management Transmittal ~31/00, R-00-46, A,o.o/icetior/~ St~!ff Re/)or~ P & Z Minutes, Prelimi. Qar~, E;l~rl/$ite pl~r~ and Location Ma~) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS ACORN ACRES SUBDIVISION LOCATED ALONG C.R. 512 WEST OF F.E.C. RAILROAD RIGHT-OF-WAY; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (Adve~'sed in Legal Notices and Letters to Surrounding Property Owners 8/29/00) NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET SEPTEMBER 13, 2000 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON ,THE PREPARE~ AGE~NOA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the pdnted agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. New Subject: Name; New Subject: Name: New Subject: Name: New Subject: Name: New Subject: