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Home My WebLink AboutChrono Pages #2X 1/21/88 Planning and Zoning Commission review of Vickers sandmining - recommend approval to City Council 2/3/88 Vickers sandmine special use permit application - set public hearing for 3/9/88 - contingent upon VICKERS GROVE SUBDIVISION \ / X LLL 1/23/87 Planning and Zoning Commission meeting - recommend approval of Fischer annexation /"' V 3/11/87 Ordinance 0-87-10 Fischer annexation - approximately 15 1.6 acres - 1st reading set - set public Resolution R-88-19 Vickers sandmining special use permit adopted J 6/22/88 hearing for 4/8/87 - intention to continue mining stated 4/8/87 Ordinance 0-87-10 Fischer annexation - public hearing and adoption (advertised in error - no map) - Attorney matters - Collins opinion county ordinance not regulate Sebastian - still researching whether no development plans at this time - Attorney stated all laws applicable to certain zoning apply upon 7/21/88 Planning and Zoning Commission - review Fischer Industrial Subdivision annexation / 4/22/87 Ordinance 0-87-10 - Fischer annexation - another Ist reading - past ad was in error - set public hearing for 5/27/87 / 5/13/87 Resolution R-87-19 - Fischer sandmining public hearing and adoption - action tabled for status on permits from SJRMD J5/27/87 Resolution R-$7-19 - Fischer sandmining public hearing and adoption - verbal approval given to Randy Mosby by SJRWMD 6/10/87 Ordinance 0-87-10 Fischer annexation - Attorney advised legal description error - 30 foot parcel left out -request place on 6/24/87 agenda 6/24/87 Ordinance 0-87-10 Fischer annexation - 1st reading - set public hearing for 8/12/87 - approximately 150.654 acres ,/ 8/12/87 Ordinance 0-87-10 Fischer annexation - public hearing and adoption - approximately 150.654 acres X 1/21/88 Planning and Zoning Commission review of Vickers sandmining - recommend approval to City Council 2/3/88 Vickers sandmine special use permit application - set public hearing for 3/9/88 - contingent upon receipt of state permits 3/9/88 Resolution R-88-19 Vickers sandmining special use permit public hearing conducted - motion to approve failed for lack of second - carried to 3/23/88 J 3/23/88 Resolution R-88-19 Vickers sandmining special use permit adopted J 6/22/88 Discussion of sandmining complying with county ordinance - motion to direct City Attorney to research - would like new ordinance regulate R-88-19 J7/13/88 Attorney matters - Collins opinion county ordinance not regulate Sebastian - still researching whether new ordinance would affect current sandmine operation (R-88-19) 7/21/88 Planning and Zoning Commission - review Fischer Industrial Subdivision J 7/27/88 Attorney directed to redraft sandmining ordinance 8/18/88 Planning and Zoning Commission - Vickers review preliminary plat - recommend approval to City Council J9/21/88 Ordinance 0-88-27 proposed sandmining regulations - review - lengthy discussion included current sandmining operation (R-88-19) 9/29/88 Planning and Zoning Commission public hearing on Vickers CLUP amendment and rezoning - recommend approval to City Council J 10/5/88 Ordinance 0-88-27 (2nd draft) review and set 1st reading for 11/30/88 J 11/2/88 Ordinance 0-88-27 (3rd draft) 1st reading - set public hearing for 11/30/88 / 11/30/88 Ordinance 0-88-30 Vickers land use plan amendment - approximately 35 acres - 1st reading and public hearing - transmit to DCA Ordinance 0-88-31 Vickers rezoning - approximately 35 acres - 1st reading Ordinance 0-88-27 Sandmining ordinance adopted J7/12/89 Ordinance 0-88-30 Vickers land use amendment - approximately 35 acres - public hearing and adoption / Ordinance 0-88-31 Vickers rezoning - approximately 35 acres - public hearing and adoption J 7/26/89 Resolution R-89-44 Vickers Subdivision preliminary plat - approximately 30.53 acres - action postponed - legal description to be corrected 9/13/89 Resolution R-89-44 Vickers Subdivision preliminary plat - 2nd 9/21/89 Planning and Zoning Commission - Review Phase III Sandmining - recommend approval to City Council 12/13/89 Ordinance 0-89-30 - Fischer land use plan amendment - 116.55 acres - first reading - Ordinance 0-89-31 - Fischer rezoning - Ist reading ./ 1/24/90 Ordinance 0-89-30 - Fischer land use plan amendment - public hearing - transmit to DCA f 4/25/90 Vickers III sandmining special use permit - Attorney directed to draft resolution J 5/23/90 Resolution R-90-19 - Vickers III sandmining Phase III public hearing adopted w/conditions - approximately 16.38 acres - expires 5/22/91 8/1/90 Ordinance 0-89-30 Fischer land use plan amendment - approximately 116.5 acres Ordinance 0-89-31 Fischer rezoning -approximately 116.55 acres review prior council action on ordinances and set public hearings for 9/21/90 9/12/90 Ordinance 0-89-30 Fischer land use plan amendment public hearing - approximately 116.55 acres - adopted - Ordinance 0-89-31 Fischer rezoning - approximately 116.55 acres - adopted )( 12/20/91 Planning and Zoning Commission review of Vickers preliminary plat - recommend approval to City Council J5/8/91 Vickers Grove preliminary subdivision plat - Attorney to draft resolution with conditions 6/12/91 Resolution R-91-18 Vickers Grove preliminary plat - 117 acres adopted 2/23/94 Schedule Public Hearing for Vickers Grove Sandmining Special Use Permit - Request to Expand Existing Sandmine and Modify Preliminary Plat (see 90.116 and 91.138)- public hearing scheduled for 3/16/94 ",/13/16/94 Sandmining approved - preliminary subdivision modification postponed to 4/20/94 - City Attorney to draft resolution to issue sandmining special use permit J 4/20/94 hearing on major modification to preliminary plat - continued to May 18, 1994 special meeting / 5/18/94 tentatively approved with conditions - will come back in form of resolution 7/6/94 Resolution R-94-25 - attorney to work with Dill on minor amendment to Section 2 A - bring back resolution to Council J 2/8/95 RESOLUTION NO. R-95-06 - Vickers Grove Subdivision Preliminary Plat - adopted sandmining final approval still pending J 2/22/95 RESOLUTION NO. R-95-07 - Vickers Grove Sandmining Special Use Permit - adopted - City Council consensus to draft new resolution to amend expiration date of R-95-06 / J 3/8/95 RESOLUTION NO. R-95-16 - Vickers Grove Preliminary Plat - Amending Commencement Date - adopted J 10/9/96 Approve Eighteen Month Preliminary Plat Extension for Vickers Grove Subdivision to Expire April 9, 1998 - 10/9/96 agenda - adopted 09A9/97 Conduct Quasi -Judicial Public Hearing on Sandmining Special Use Permit Application for Vickers Grove Subdivision Phase III - Consider Adoption of Resolution No. R-97-08 - adopted as amended - Conduct Quasi -Judicial Public Hearing on Preliminary Plat for Vickers Grove Industrial Subdivision - Consider Adoption of Resolution No. R-97-10 - adopted as amended REGULAR CITY COUNCIL = MARCH llt 1987 Mayor Harris stated that Randy Mosby would sit in when needed at $45 per hour, for Hector Franco as City Engineer during Mr. Franco's one month absence. 13. CITY COUNCI.L MATTERS. Mayor Harris stated the poles for the light at U.S. 41 and Schumann are being set at the end of the month. Councilman .McCarthy requested that Initial Plans for City Manager be placed on the March 25, 1987, agenda. Councilman McCarthy requested Elected Officials Handbooks for Council Members. The City Clerk said she would look into it. Councilman McCarthy requested that Council see all Health Insurance Proposals. 14. CITY ATTQRNEY'S MATTERS_ None. 15. NEW BUSINESS Attorney Palmer read, for the first time, by title only, the following ORDINANCE: A. FIRST READING, SET PUBLIC HEARING - AN ORDINANCE ANNEXING THREE PARCELS OF LAND: PARCEL A LOCATED IN THE NW 1/4 OF SECTION 20, T 31 S, R 39 E AND PARCEL B PARTS ONE AND TWO BEING THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTH-WEST QUARTER AND OTHER LANDS IN S 17, T 31 S, R 39 E AND PART THREE THEREOF IN S 20, T 31 S, R 39 E AND PARCEL C PARTS ONE AND TWO BEING THE N.W. 1/4 OF THE N.W. 1/4 OF THE S.W. 1/4r -AND OTHER LANDS IN S. 17, T 31 S, R 39 E, ALL SUCH PROPERTY BEING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND WEST OF WHISPERING PALMS MOBILE VILLAGE AND CONSISTING OF 151.6 ACRES, MORE OR LESS; PROVIDING AN EFFECTIVE DATE. MOTION by Roth/Vallone I move we accept the first reading, as read by the City Attorney, by title, and set for Public Hearing on the April 8, 1987, Regular Council Meeting. Jim Gallagher, Sebastian General Partnership, B.F.T., said it was their intention to continue to mine the property. ROLL CALL on the motion carried unanimously. (5-0) i A fi y_ �f-r7 A. Proclamation - Florence Zukowski - Employee of the Month - March 1987 Attorney Palmer read the proclamation, proclaiming Florence Zukowski as Employee of the Month for March 1987. Mayor Harris presented the proclamation and a plaque to Florence Zukowski. B. Certificate of Appreciation - George Metcalf - Airport Advisory Board Mayor Harris presented a certificate to Councilman Metcalf, honoring him for his time on the Airport Advisory Board. 6. SEXbND READING, PUBLIC HEARINGS, FINAL_ ACTION 87.075 A. ORDINANCE NO. 0-87-10 AN ORDINANCE ANNEXING THREE PARCETS OF LAND: PARCEL A LOCATED IN THE NW 1/4 OF SB'IZON 20, T 31 S, R 39 E AND PARCEL B PARTS ONE AND TWO BEING THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTH-WEST QUARTER AND OTHER LANDS IN S 17, T 31 S, R 39 E AND PART THREE THERBDF IN S 20, T 31 S, R 39 E AND PARCEL C PARTS ONE AND TWO HEM THE N.W. 1/4 OF THE N.W. 1/4 OF THE S.W. 1/4, AND OTHER SANDS IN S. 17, T 31 S, R 39 E, ALL SUCH PROPERTY BEING WEST OF THE FLORIDA EAST ODAST RAILROAD RIGHT OF WAY AND WEST OF WHISPERING PALMS MOBILE VILLAGE AND CONSISTMG OF 151.6 ACRES, MORE OR LESS; PROVIDING AN EFFECTIVE DATE. (1ST READING 3/11/87, ADVERTISED 3/16, 3/23, 3/30, 4/6/87, PUBIC HEARING 4/8/87) Attorney Palmer read Ordinance No. 0-87-10, by title only. Mayor Harris opened the Public Hearing at 7:10 P.M. and called for public input. There being no public input, Mayor Harris closed the Public Hearing at 7:11 P.M. MOTION by Metcalf/Vallone I move we postpone final action on Ordinance No. 0-87-10 until the next regular meeting. Councilman Metcalf recommended taking final action on Public Hearing matters at the next regular meeting after the Public Hearing. N f Discussion took place on bond requirements for sandmining. Attorney Palmer said all laws applicable to.a specific zoning apply upon annexation of any property. Jim Gallagher, Sebastian General Partnership, B.F.T., said they intend to abide by all city laws. Jim Gallagher, Sebastian General Partnership, B.F.T., said there were no development plans at this time. ROLL CALL on the motion failed. (2-3) Roth, McCarthy, Parris - Nay MOTION by McCarthy/Roth I move we adopt Ordinance No. 0-87-10, as read by by the City Attorney, by title only. ROLL CALL on the motion carried. (3-2) Metcalf, Vallone - Nay 87.076 B. ORDINANCE IVO. 0-87-11 AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, OJRRECTDr PARAGRAPH (A) OF SECTION 8-33 OF THE CODE OF ORDIMNCES OF THE CITY OF SEBALTIAN, TO PROVIDE OMISSION OF UNIT NUMBER ONE WHERE UPRIGHT MARKERS ARE ALLOWED; PROVIDING AN EFFECTIVE DATE. (1ST READING 3/11/87, ADVERTISED 3/27/87, PUBLIC HF 4/8/87) Attorney Palmer read Ordinance No. 0-87-11, by title only. Mayor Harris opened the Public Hearing at 7:30 P.M. and called for public input. There being no input from the public, Mayor Harris closed the Public Hearing at 7:31 P.M. MOTION by McCarthy/Roth I move we adopt Ordinance No. 0-87-11, as read by by the City Attorney, by title only. ROLL CALL on the motion carried unanimously. (5-0) 3 as-g'z 87.111 A. AIRPORT AQUaLRY BOARD III Appointment of Roger Cooper = Letter from Councilman Metcalf MOTION by Metcalf/Vallone I move we appoint Roger Cooper as the Regular member to the Airport Advisory Board. Councilman McCarthy said he felt Committee members should be Sebastian residents. ROLL CALL on the motion carried. (3-2) (Nay Roth, McCarthy) 87.075 B. QRDINANQEB NQ_. Q=$7=10 AN ORDINANCE ANNEXING THREE PARCELS OF LAND: PARCEL A BEING PART OF THE NORTHEAST QUARTER OF SECTION'20, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AND PARCEL B PARTS ONE AND TWO BEING THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND OTHER ADJACENT LANDS ALL IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AND PART THREE OF PARCEL B BEING THE WEST THIRTY FEET OF THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AND PARCEL C PARTS ONE AND TWO BEING THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUAR- TER OF THE SOUTHWEST ONE QUARTER AND THE SOUTH ONE HALF OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUAR- TER, ALL OF PARCEL C BEING IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST; ALL SUCH PROPERTY BEING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND WEST OF WHISPERING PALMS MOBILE VILLAGE AND CONSISTING OF 151.607 ACRES, MORE OR LESS; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Ordinance No. 0-87-10, by title only. Attorney Palmer explained that this Ordinance had to be readvertised and set for Public Hearing again since it was not advertised with a map previously. MOTION by McCarthy/Roth I move we accept the first reading of Ordinance No. 0-87-10, and set it for Public Hearing on May 27, 1987. ROLL CALL on the motion carried. (4-1) (Nay Vallone) 87.101 C. WINDQW TINTIN CREENINQ PRQRQSALS Jeff Flannery of Climatrol Sales explained Sunscreens. MOTION by McCarthy/Metcalf I move we purchase Sunscreens from Climatrol Sales for $1480.60 with a line item transfer from unused Election costs. ROLL CALL on the motion carried. (3-2) (Nay Metcalf, Vallone) 87.121 D. CAURCHMAN'S CQNDQ = PUD REZQNINQ = TRAFFIC STUDY EP RT This item was taken off the agenda by Rene Van de Voorde's memo of April 22, 1987. 13. MAYOR'S MATTERS Mayor Harris said that Item 12)(D) Churchman's Condo PUD Rezoning - Traffic Study would be back on the agenda at a later time. 14. COUNCIL MATTERS When questioned by Councilman Vallone, Mayor Harris placed discussion of 317 Benedictine Terrace on the May 6, 1987, Council Workshop. Discussion took place on police dispatchers, criteria for mini -warehouses, Building Official and new City Hall purchasing procedures. 15. CITY ATTQRNEY MATTERS None. N 87.109 .5=/3-r? 5. SEQQND EEADINQt UBLIC HEAHINQaS FINAL ACTIQN QRD3NANCF NO_ Q-87-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW SUBSECTION "D" TO SECTION 20A-5.7 OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE AND HEREBY PROVIDING UNDER STATED CONDITIONS FOR THE BUILDING OF ONE DOCK ON PROPERTY ZONED FOR SINGLE FAMILY RESIDEN- TIAL USE; PROVIDING THE PROCEDURES THAT MUST BE COM- PLIED WITH, THE INFORMATION THAT SHALL BE PROVIDED; PROVIDING AN EFFECTIVE DATE. (1ST READ 4/8/871 ADVER- TISED 5/1/87, PH 5/13/87) Attorney Palmer read Ordinance No. 0-87-14, by title only. Mayor Harris opened the Public Hearing at 7:03 P.M. There being no input from the public, Mayor Harris closed the Public Hearing at 7:04 P.M. MOTION by Roth/McCarthy I move we adopt Ordinance No. 0-87-14, as read by the City Attorney, by title only. ROLL CALL on the motion carried. (4-1) (Nay - Metcalf) NQ_ R-87=19 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING TO HENRY FISCHER & SONS, INC., A SPECIAL USE PERMIT FOR A SAND MINE (LAKE CONSTRUCTION) PURSUANT TO SECTIONS 20A-5.19 (B) AND 20A-2.6, LAND DEVELOP- MENT -CODE; PROVIDING AN EFFECTIVE DATE. (1ST READ 4/8/871 ADVERTISED 5/1/87, PH 5/13/87) Attorney Palmer read Resolution No. R-87-19, by title only. Mayor Harris opened the Public Hearing at 7:15 P.M. There being no input from the public, Mayor Harris closed the Public Hearing at 7:16 P.M. A letter had been received and presented to Council from St. John's River Management regarding permits which may be required. I MOTION by Metcalf/Vallone I move we table action on Resolution No. R-87-19 until we find out what the permit status is as stated in the letter from St. John's River Management. ROLL CALL on the motion carried. (3-2) (Nay - McCarthy, Harris) 7. BID QPENINS 87.085 A. EN9IINEERINI12UBL3C WOEK-Q 1. Dump Body C a sis = Tandem 2. Dump Body = 10 Cubic Yards Attorney Palmer opened the five bids and read them as follows: Johnny Stramm Equipment Complete.............$41,799.00 Chassis..............$37,000.00 Bartow Ford Co. W/Out Body ........... $37,000.00 W/ Body... .........$43,543.00 (He said there were a number of equipment variations) Osterlund, Inc. (Giant Trucks) Total................$59,937.60 International Truck Sales Chassis..............$39,797.00 Palm Peterbilt - GMC Total Truck .......... $51,000.00 MOTION by Roth/McCarthy I move we refer the five bids for the Dump Body and Chassis to staff for their review and recommendation to City Council. VOICE VOTE on the motion carried unanimously. (5-0) 8. RMCLAMATIQNBLANNOUNUMENTS Mayor Harris requested that three items be added to the agenda; Auditor's Letter of Engagement under New Business, Petition PBA regarding representation for two lieutenants under New Business, and Golf Course 3 ,s=a7-s'7 10. CONSENT AGENDA A. Approve Minutes - 5/6/87, 5/7/87, 5/13/87 B. Request for Community Center - Stepping Stone Quilters - fee waiver C. Request for Community Center - Felthousen - Fund Raiser - Fee Waiver and Alcoholic Beverage Request Mayor Harris requested that Items 10)(B) and 10)(C) be removed from the Consent Agenda. MOTION by Roth/McCarthy I move we approve Consent Agenda Item 10)(A) Minutes - 5/6/87, 5/7/87, 5/13/87. VOICE VOTE on the motion carried unanimously. (5-0) B. Request f -os Community Center = Stepping Stone ouilters = fee waiver After a short discussion with a member of the Stepping Stone Quilters,_Item 10)(B) it was determined that they would use the Community Center on the first and third Tuesday during Council on Aging use. Council asked that the request be withdrawn since Council approval was not required. Mayor Harris said he didn't want to set a precedence by allowing a fee waiver. MOTION by Roth/Vallone I move we approve the request of Joan Feldhousen,_for use of alcoholic beverages at the Community Center on May 31, 1987, with payment of the $100.00 security deposit and 350.00 rental fee. ROLL CALL on the motion carried unanimously. (5-0) 11. QLD BUSINESS 87.109 A. RESOLUTION 2Q, R-87-19 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING TO HENRY FISCHER & SONS, INC., A SPECIAL USE PERMIT FOR A SAND MINE (LAKE CONSTRUCTION) PURSUANT TO SECTIONS 20A-5.19 (B) AND 20A-2.6, LAND DEVELOP- MENT CODE; PROVIDING AN EFFECTIVE DATE. (1ST READ 4/8/87, ADVERTISED 5/1/87, PH 5/13/87) 3 Attorney Palmer read Resolution R-87-19 by title only. Dr. Henry Fischer read a letter from Randy Mosby to Mayor Harris dated May 27, 1987. (see attached) The City Clerk reminded Council that this item must be taken off the table by motion. MOTION by Roth/McCarthy I move we take Resolution R-87-19 off the table for action. ROLL CALL on the motion carried unanimously. (5-0) MOTION by McCarthy/Roth I move we adopt Resolution R-87-19, as read by the City Attorney by title only. Councilman Metcalf recommended that Council wait for a letter from Eddie Carr stating that no permits are required from St. John's River Water Management District. It was the general consensus of the rest of Council that Randy Mosby of Mosby & Associates was putting his reputation on the line by saying he had received verbal confirmation from Mr. Carr. ROLL CALL on the motion carried unanimously. (5-0) B. ENGINEERING/PUBLIC WORKS 87.085 1 . Recommendation = Bi -d fg-j Dump BD-dy Chassis Tandem/Dumip Rody = JJQ Cubic Yards MOTION by Roth/McCarthy I move we concur with the recommendation of staff to award the bid for the Dump Truck to Johnny Stamm Equipment for $41,799.00 and give authority to staff to modify the contract.. ROLL CALL on the motion carried. (4-1) Nay - Metcalf 87.083 2. Cemetery Chain Link Fence =.QQntract Hercules Fence MOTION by Vallone/Metcalf I move we approve the contract with Hercules Fence for a chain link fence for the cemetery in the amount of $1536.00. 0 G -ia - 0 Councilman Vallone withdrew the motion. MOTION by Vallone/McCarthy I move we instruct Attorney Palmer to draft an Ordinance regarding Special Assessment Programs. Vice Mayor Roth recommended that an $88,000.00 carryover from the road program from the 1986/87 fiscal year budget and an anticipated $198,000.00 from this year's road money be frozen in some kind of trust fund that will be used for roads only. The Finance Director said money for the Dump Truck and Mowtrim were coming out of these funds. MOTION by Councilman Metcalf I move we table discussion on this item. Mayor Harris said there was a motion and second on the floor and a motion to table could not be made. ROLL CALL on the motion carried. (4-1) Metcalf - Nay Vice Mayor requested that the Finance Director present available funds from the gas tax including carryover money from last year at the June 24, 1987, Regular meeting. 12. MAYOR'S MATTERS Mayor Harris said the City Clerk had created a new "Agenda Request Form" and had requested comment from Council. Councilman McCarthy said he hoped Council members did not have to use the form. Mayor Harris said they did not have to use the form. Ordinance No. 0787-10, annexation of Fischer property, was discussed. Attorney Palmer stated that a thirty foot parcel included in the annexation Ordinance was in error. Vice Mayor Roth requested a letter addressed to the City Council to this effect from Attorney Palmer and that it be placed on the June 24, 1987, agenda. Attorney Palmer said that the Ordinance has since been rewritten with the correct legal description and a Public Hearing was not necessary unless the City Council wants to have one. 7 13 Councilman Metcalf recommended holding a Public Hearing on the Ordinance again. Mayor Harris said the thirty feet in error was not contiguous to the City and creates an enclave. He said he had gone over it with Attorney Palmer and Jim Gallagher and discovered the thirty feet was not to have been included in the Ordinance. Jim Gallagher said the thirty feet was merely an access road into the sand pit and if the City Council wishes to leave it in they may do so. COUNCIL MATTERS Councilman Vallone discussed Indian River Yellow Cab conducting business in the City without a permit. Mayor Harris said Chief Nappi was aware of them picking up customers in Sebastian. He said he had checked into them and found they are operating out of Brevard County. The City Clerk said she would con- tact them. Councilman Metcalf requested the proposed Occupation License Ordinance be placed on the July 1, 1987 Workshop Agenda. Councilman McCarthy requested that the auditor's comments regarding items requiring policy changes by Council be placed on the June 24, 1987, agenda. Councilman McCarthy requested that the $100,000.00 from funds set aside for the million dollar loan be encumbered for a new Police Station. He requested that discussion of a "New Police Station" be placed on thg_June 24, 1987, agenda. Vice Mayor Roth requested that the City look to some other city that has recently built a police station for plans. Vice Mayor Roth said he liked the Coconut Creek Occupational License Ordinance. He requested that Attorney Palmer be instructed to bring back information as to why Police Officers cannot act as Code Enforce- ment Officers. He also requested an update on the C.R. 512 property and the County's plans for the library. He said it is not his intent to purchase the property with City money and let the County build a library on it. e� -ay e'�7 •L� _ �• •rym AN ORDINANCE ANNEXING THREE PARCELS OF LAND: PARCEL A BEING PART OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AND PARCEL B PARTS ONE AND TWO BEING THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND OTHER ADJACENT LANDS ALL IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AND PARCEL C PARTS ONE AND TWO BEING THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER AND THE SOUTH ONE HALF OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER, ALL OF PARCEL C BEING IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST; ALL SUCH PROPERTY BEING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND WEST OF WHISPERING PALMS MOBILE VILLAGE AND CONSISTING OF 150.654 ACRES, MORE OR LESS; PROVIDING AN EFFECTIVE DATE. (1ST READING 3/11, ADVERTISED 3/16, 3/23, 3/30, & 4/6, PH 4/8; 2ND 1ST READING 4/22, ADVERTISED 4/29, 5/6, 5/13, & 5/20, PH 5/27) Attorney Palmer read ORDINANCE NO. 0-87-10 by title only. MOTION by Roth/McCarthy I move we accept the first reading of ORDINANCE NO. 0-87-10 and set it for Public Hearing on August 12, 1987. Councilman Metcalf questioned the acreage of the proposed annexation. He said according to the legal description the property adds up to 145.334 acres. Attorney Palmer said he took the legal description from.the deeds presented to the City with the request for annexation from the applicant and that the County Property Appraiser will appraise the property when it comes into the City and it is not up to the City to second guess the applicant. Councilman Metcalf said this organization has a history of wanting the City to take very large annexations with very little information. Jim Gallagher, Executive Director for Sebastian General Partnership, B.F.T., said for the record that this was a one of the most difficult annexations he had ever seen. He said he takes exception to remarks by Councilman Metcalf regarding the organization he referred to, assuming Councilman Metcalf meant the company Mr. Gallagher works for, and said the company follows the guidelines set by the City when applying for an annexation. He said he hoped Councilman Metcalf and Councilman Vallone understood that Sebastian General Partnership, B.F.T.'s motives were for the good of the city. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Vice Mayor Roth questioned if the wording "150.654 acres more or less" in the title of the Ordinance was legal. Attorney Palmer said it was legal. 2MINF—A0 87.163 1. Auditor's Comments Requiring Council Action After some discussion the following motion was made. MOTION by McCarthy/Roth I move we instruct the City Attorney to draft a Resolution authorizing the Finance Director to manually sign all checks up to $500.00, to have all checks above that limit signed manually by second authorized person, and to use the signature plate only for payroll checks. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. After some discussion, it was decided to leave the bid limit at $2000.00. 7 MOTION by McCarthy/Roth I move we place on this agenda under New Business "Discussion Re: Attendance at Florida League of Cities Seminar on October 15-17 in Miami". VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED MOTION by McCarthy/Metcalf I move we place on this agenda under New Business "Mayor Harris' Expense Voucher - Labor Relations Seminar - Clearwater August 7 & 8". VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED Mayor Harris said he had received a favorable report on a drop in crime rates for the City. Items 87.186 (7)(A) Discussion R€.; Review Position g#, City Attorney = Possible Charter Change/Referendum to Retain = Councilman Vallone and 87.187 (7)(B) Discussion Rg; Proposed Five Year Capital Outlay Plan = Mayor Harris were removed from the agenda. 6. PUBLIC HEARING A. ORDINANCE jjQ_,_ 0-87-10 AN ORDINANCE ANNEXING THREE PARCELS OF LAND: PARCEL A BEING PART OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AND PARCEL B PARTS ONE AND TWO BEING THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUAR- TER OF THE NORTHWEST QUARTER AND OTHER ADJACENT LANDS ALL IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AND PARCEL C PARTS ONE AND TWO BEING THE NORTHWEST ONE QUAR- TER OF THE NORTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER AND THE SOUTH ONE HALF OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER, ALL OF PARCEL C BEING IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST; ALL SUCH PROPERTY BEING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND WEST OF WHISPERING PALMS MOBILE VILLAGE AND CONSISTING OF 150.654 ACRES, MORE OR LESS; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Ordinance No. 0-87-10 by title only. Mayor Harris opened the Public Hearing at 7:10 P.M. Da.e Rogers, an adjacent property owner, questioned the legal description. When assured the annexation did not include his property, he said he had no problem with the annexation. Mayor Harris closed the Public Hearing at 7:14 P.M. MOTION by Roth/McCarthy I move we adopt Ordinance No. 0-87-10 as read by the City Attorney by title only. Councilman Vallone said he would not support the motion since the annexation was of no use to the City. Councilman Metcalf expressed concern for the annexed area being on the Atlantic Ridge and lack of information as to what the property would be used for. Mayor Harris said this should be looked into at time of rezoning application. Vice Mayor Roth said no one in the City has objected at three public hearings except the two Council members. He said when the property is developed it will bring taxes into the City. He then called for the question. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Nay Councilman Vallone - Nay Mayor Harris - Aye MOTION CARRIED 7. THE FOLLOWING ITEMS ARE CARRIED OVER FROM THE AUGUST 8, 1987, WORKSHOP MEETING: Items (7)(A) and (7)(B) were removed from the agenda. 87.164 C. Memo from Building Official Re: Police Station Councilman Vallone said he had requested the Building Official to look into making the Police Station safer. MOTION by Vallone/Metcalf I move we allocate $3000 in reserve funds for repairs to Police Station, i.e., backup generator, protective cage for dispatchers, back door, and electrical work. K, 87.017 D. Discussion = Sample -Employment Agr ement with 87.084 City Manager Mayor Harris presented the counter proposal from Robert McClary for the position of City Manager. MOTION by Vallone/Metcalf I move we accept the proposal from Robert McClary for the position of City Manager. Mayor Harris said he would contact Mr. McClary to request a copy of his drafted employment agreement. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. 88.035 E. Request #.9L Special Use Permit = Vicka ' Sandmine = Recommendation from P1anninq and Zoning Randy Mosby, Mosby and Associates, addressed Council regarding the request. MOTION by McCarthy/Roth I move we approve the request for Special Use Permit for Vicker's Sandmine contingent upon receipt of state permits, and set it for public hearing on March 9, 1988. VOICE VOTE on the motion carried 4-1. (Vallone - Nay) Mayor -Harris adjourned the meeting at 10:30 P.M. The following items were not adressed, so will be the first items on the February 10, 1988 agenda after Public Hearings. F. AIRPORT ADVISORY BOARD 88.036 1. Request -o 21arghase Tractor with Mower 88.037 2. Request Permission ±o g4 _to Bid gra Maintenance Building 87.146 G. Draft _.£ Notice ±,o Professional Consultan fpZ tha City's Proposed Drainage Study from Beindorf and Associates = Mayor Harris 7 .3-�-g>,?� Resolution Nos. R-88-28 and R-88-29 were added to the agenda as first items under New Business. Mayor Harris also stated that since not budgeted, funds for the Special Run-off would have to be allocated at this meeting. Mayor Harris removed the following items from the agenda. 1) 88.055 - Skillman Appeal to P & Z decision which was postponed to March 23, 1988, by the applicant. 2) 88.066 - Public Works Request for Lease of Gradall. 3) 88.064 - Masteller & Moler Request re: Marker 68 Marina which was postponed to March 23, 1988, by the applicant. 4) 87.027 - Mayor's Letter to Post, Buckley regarding the Airport Master Plan. 5) 88.067 - Falcon Cable Rate Increase. He explained Council action was not necessary. Attorney Palmer read in its entirety, a proclamation calling the Special Run-off Election for the Office of Mayor on March 22, 1988. Councilman Metcalf introduced Robert McClary, City Manager. 6. PUBLIC HEARING. FINAL ACTION 88.035 A. RESOLUTION NO. R-88-19 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING TO SEBASTIAN GENERAL PARTNERSHIP, B.F.T., A SPECIAL USE PERMIT FOR A SAND MINE (LAKE CONSTRUCTION) PURSUANT TO SECTIONS 20A-5.19 (B) AND 20A-2.6, LAND DEVELOPMENT CODE; PROVIDING AN EFFECTIVE DATE. (1st Council agenda 2/3/88, Advertised 3/3/88, public hearing 3/9/88) Attorney Palmer read Resolution No. R-88-19 by title only. Mayor Harris opened the Public Hearing at 7:10 P.M. Henry A. Fischer, Fischer & Sons, Inc., applicant for the special use permit for sandmining, stated his reasons for the request and urged Council to approve it. He presented Council with a packet of information regarding the request. 2 Randy Mosby, Mosby and Associates, engineer for the sandmining project, introduced Jim Wheatley, a hydrologist on the project to answer any questions Council had on the environmental impact of the project. Eric Pollard, Breezy Village, Inc., urged Council to deny the request for a special use permit based on Fischer & Sons, Inc. past performance at a sandmining operation south of Breezy Village. He presented Council with photographs of that project. Bruce Cooper, Building Official, said Fischer & Sons had gone within the fifty foot setback at Sand Lake south of Breezy Village and since this project had begun before he was in Sebastian his investigation was ongoing. Henry Fischer said his trucks are monitored monthly by D.O.T. He said that when this property was annexed the city required him to remove the berm and he would require a letter from adjacent property owners to do so. Randy Mosby said he was not aware that the Sand Lake project was in violation of St. John's Water Managment. He said that that project had nothing to do with this project being requested. Bruce Bunnell, Breezy Village, said he was concerned about the project engineer's remark regarding little chance of saltwater intrusion. He said there should be no chance. He requested that Fischer & Sons request be denied based on past performance. Fred Mensing urged Council to approve the request. He said he found it difficult to hear that Henry Fischer is not responsive to the needs of the people of Sebastian. Henry Fischer said Fischer & Sons, Inc., has received no complaints from the public regarding previous projects. Richard Buchanan, resident in area of Sand Lake, said Fischer's truck are overloaded. Richard Votapka said the proposed County ordinance on sandmining limits excavation to 25' elevation. He said the City should cooperate with the County until they reach a decision on the ordinance. He said the City Manager and Council should look at revising the city ordinance to prevent annexations for the purpose of excavation. 3 Jim Wheatley, Garrett & Miller, said he has studied the effects of mining on water levels. He said no impact on groundwater was found. He said an increase in storage in the aquifer would occur. He said with the wet mining method that would be implemented no salt intrusion would occur. Randy Mosby said the County ordinance had no bearing on the type of mine being requested. When questioned by Councilman Metcalf, Mr. Wheatley said he'd had no local experience on sandmining on the Atlantic Ridge, but had had experience at Lost Tree Village on General Development Corporation well work. Ms. Lu, St. John's Water Management District, said the project is still under review and that there were some District concerns regarding the long term impact on groundwater. She said the 25' elevation was determined after studies in the Wabasso area showed long term damage. Jim Wheatley said this is no longer a consumptive use request. Ms. Lu said anyone having concerns regarding this project could contact Dwight Jenkins, 213 Wilkins Road, Melbourne, Florida 32935 at 305-894-5423. Councilman Metcalf asked if it was possible to invite the gentleman from St. John's Water Management to the March 23, 1988 meeting to discuss this further. Randy Mosby said no expert can dispute Jim Wheatley'.s testimony. Arthur Lemire suggested the Council get a second opinion regarding -effects on groundwater. Sam Romano, resident of Breezy Village, said he had called Henry Fischer concerning conditions of the road, noise and sharp embankments and had no response. He said Henry Fischer, Jr. then contacted him and said roads would be paved mid-February. Henry Fischer, Jr., said the road was currently under construction. Councilman Metcalf noted that Council had received a letter from Indian River County Board of County Commissioners who stated they would like to review all requests for sandmining which will utilize County roads. 4 Randy Mosby said this requested project's design was different than the design for Sand Lake. Mayor Harris closed the Public Hearing at 8:20 P.M. Councilman McCarthy said he had some concerns regarding the water quality but that the mining operation industry was needed for employment in the city. MOTION by McCarthy I move we adopt Resolution No. R-88-19 as read by the City Attorney by title only. MOTION died for lack of a second. This item was automatically carried to the March 23, 1988, Regular meeting. 87.146 B. ORDINANCE NO. 0-88-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ENACTING A NEW CHAPTER 24, AND THEREBY PROVIDING FOR LOCAL PROVISIONS FOR IMPROVEMENTS BY ASSESSMENTS PURSUANT TO CHAPTER 170, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. (1st reading 2/10/88, advertised 2/24/88, public hearing 3/9/88) Attorney Palmer read Ordinance No. 0-88-13 by title only. Mayor Harris opened the public hearing at 8:23 P.M. Arthur Lemire said the citizens should not be made responsible for 668 of the cost of paving. He urged. Council to keep paving a city problem not a personal problem. Rebecca Snyder said this ordinance was unfair and would rather see a tax increase than an individual assessment. Pat Flood said a petition would be presented to Council at the next meeting regarding a referendum for paving. John Holder suggested the city add an additional one cent tax for overlay as other counties have done. Mayor Harris closed the Public Hearing at 8:30 P.M. No action was taken on Ordinance No. 0-88-13 and it was placed on the March 23, 1988, agenda. 5 �-a3-sem 88.035 A. RESOLUTION NO. R-88-19 (Carried over from Public Hearing on 3/9/88) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING TO SEBASTIAN GENERAL PARTNERSHIP, B.F.T., A SPECIAL USE PERMIT FOR A SAND MINE (LAKE CONSTRUCTION) PURSUANT TO SECTIONS 20A-5.19 (B) AND 20A-2.6, LAND DEVELOPMENT CODE; PROVIDING AN EFFECTIVE DATE. (1st Agenda 2/3/88, Advertised 3/3/88, Public Hearing 3/9/88, Readvertised 3/14/88) Councilman Vallone questioned whether parliamentary procedure was followed by this item being automatically carried over to this meeting after a motion to approve died for lack of a second at the March 9, 1988, meeting. Attorney Palmer said the item was back on the agenda because the City Clerk was instructed to do so by the Mayor and no one overruled his request. Randy Mosby, Mosby & Associates, recommended approval for the request. MOTION by Roth/McCarthy I move we adopt Resolution No. R-88-19 as read by title only at the March 9, 1988, Regular meeting. MOTION by Metcalf/Vallone I move we lay Resolution No. R-88-19 on the table. ROLL CALL: (on the motion to table) Vice Mayor Roth - Nay Councilman McCarthy - Nay Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Nay MOTION FAILED. James Fraezie, Hydrologist, St. John's Water Management District, said the application case number 4-061-0088AM Vicker Sandmine is on hold for additional information and review. He said no earth would be moved until St. John's permits are issued. ROLL CALL: Councilman Metcalf - Nay Councilman Vallone - Nay Vice Mayor Roth - Aye Councilman McCarthy - Aye Mayor Harris - Aye MOTION CARRIED. 11 Mayor Votapka said he and the City Manager would meet with representatives to discuss grants for Trusts for Public Lands. Mayor Votapka said Indian River County had donated a site in south county for the Florida National Guard. The City Manager said the maintenance agreement for the railroad crossing on Main Street would be between the city and Florida East Coast Railroad. He said funding for the agreement would have to be put in the budget. Mayor Votapka requested the following July 6, 1988 workshop agenda item, "Discussion - Banquet for City Board Members". Mayor Votapka called recess at 8:50 P.M. and recalled the meeting at 9:00 P.M. All members present at recess were present at recall. 13. COUNCIL MATTERS 88.022 A. Indian River County Sandmining Ordinance - Councilman Metcalf _ (carried over from 671/88) Councilman Metcalf said this agenda item was a result of his request that the City Manager question the City Attorney as to how the city can comply with the recently adopted Indian River County sandmining Ordinance No. 88-21. Councilman Metcalf recommended stricter guidelines than are in the city's current code on sandmining. MOTION by Metcalf/Vallone I move we refer consideration of the Indian River County Sandmining Ordinance 88-21 to the City Attorney to report back to Council on the best means to bring the City Sandmining ordinance in line with the County Sandmining ordinance, research whether the County ordinance has full force effect within the city boundaries, and if we adopt a new ordinance would it regulate the sandmining operations being conducted pursuant to Resolution No. R-88-19. Mayor Votapka placed discussion of this item under the July 6, 1988 agenda item "Agenda Items for Proposed Meeting with County Commission". The City Manager said he had requested Councilman Metcalf to place this item on the agenda since it is appropriate to request a written opinion of the City Attorney as a legislative action of the City Council. 88.124 ROLL CALL: Councilman McCarthy - Aye Councilan Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION CARRIED. C. Other Matters Councilman Roth complimented the City Manager, Mayor Votapka and David Fisher for obtaining funding from North County Recreation for city recreation. 14. CITY ATTORNEY MATTERS A. ORDINANCE NO. 0-88-20 - (Abatement of Abandoned Property) (FIRST READING, SET PUBLIC HEARING 7/13/88) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING PROCEDURES FOR ABATEMENT OF LOST OR ABANDONED PROPERTY; ADOPTING CERTAIN PROVISIONS OF THE FLORIDA STATUTES PERTAINING TO ABATEMENT OF LOST OR ABANDONED PROPERTY; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-20 for the first time by title only. MOTION by Vallone/Metcalf I move we accept the first reading of Ordinance No. 0-88-20 and set it for public hearing on July 13, 1988. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION CARRIED. 7-19-9(? reasons. He said he had checked with Vero Beach and Indian River County which state they do not allow alcoholic beverages in parks. Mayor Votapka requested that page one section one (c) be stricken to eliminate alcoholic beverages in city hall to alleviate any liability on the part of the city. Attorney Nash cited the Dramshop Act which would incur liability for anyone providing alcohol to someone under the drinking age or a known alcoholic. ROLL CALL: Councilman McCarthy - Nay Councilman Metcalf - Nay Councilman Roth - Nay Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION FAILED. Discussion on this subject was placed on the August 3, 1988 workshop agenda. Attorney Nash said the Construction Board was changing their meeting date to the second Tuesday of each month at 7:00 P.M. He said the forfeiture trial on the Petite Home matter would go to trial next week or the week after. Attorney Nash said that Assistant City Attorney Kreuzkamp was awaiting a decision on the position of Code Board Attorney for Melbourne Beach. A consensus poll was taken of the entire Council and there was no objection to Attorney Kreuzkamp accepting this position. The City Manager said he would place a letter of request on the July 27, 1988, agenda if the position is offered to Attorney Kreuzkamp. Attorney Nash reiterated that the opinion of County Attorney Collins was that the County sandmining ordinance does not directly regulate sandmining operations in the City of Sebastian. He said they were still researching the issue as to whether this city does decide to pass an ordinance with similar regulations would it affect Special Use Permit granted by resolution earlier this year. Councilman Metcalf said he intended to submit a revised sandmining ordinance. 11 D. Councilman Metcalf Councilman Metcalf commended George Ricker, Sebastian Sun, for his recent article on the Indian River Lagoon. Mr. Ricker corrected Metcalf as to the writer of the article being Mike Shambora. Mayor Votapka called recess at 8:15 P.M. and recalled the meeting at 8:30 P.M. All members present before the recess were present at recall. 88.022 1. Proposed Draft of Sandmining Ordinance Councilman Metcalf had presented to Council, in their agenda packets, a draft of a proposed sandmining ordinance. He requested the City Attorney review the draft and report back to Council. MOTION by Metcalf/Vallone I move Council forward a draft of the proposed ordinance with respect to sandmining and excavation to the City Attorney for review and redraft. Mayor Votapka said he would submit a copy of the proposed ordinance with corrections he had made to the City Attorney. Attorney Nash said he would welcome the input. This item was scheduled for the September 7, 1988 workshop. VOICE VOTE on the motion carried. 12. CITY ATTORNEY MATTERS Attorney Nash said Attorney Thomas Feeney III had contacted him and is working on a development agreement for the St:_Sebastian PUD. Council concurred that Attorney Nash attend the August 31, 1988, Joint Indian River County Commission/City Council meeting. Mayor Votapka said he would copy the letter of invitation listing agenda items to the County Commission for the Joint Indian River County Commission/City Council meeting to Council. Attorney Nash requested that City Hall staff not sign for certified, registered or return receipt requested letters addressed to him or his firm. C 88.022 5. ORDINANCE NO. 0-88-27 - Sandmining AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING SECTION 20A-5.19, SAND MINING: SPECIAL USE PERMIT REQUIRED, OF THE LAND DEVELOPMENT CODE; CREATING A NEW SECTION 20A-5.19, EXCAVATION AND FILL, PURPOSE: CREATING A NEW SECTION 20A- 5.20, DEFINITIONS; CREATING A NEW SECTION 20A-5.21, PROHIBITED ACTIVITY WITH REGARD TO EXCAVATING, FILLING, OR MINING REAL PROPERTY; CREATING A NEW SECTION 20A-5.22 PROVIDING EXEMPTIONS FROM PERMITTING REQUIREMENTS RELATED TO EXCAVATING, FILLING, OR MINING REAL PROPERTY; RESERVING SECTIONS 20A-5.23 THROUGH 2OA-5.27 FOR FUTURE USE; CREATING A NEW SECTION 20A-5.28, PROMULGATING FILL PERMIT REGULATIONS; CREATING A NEW SECTION 20A-5.29, WATER MANAGEMENT STANDARDS; CREATING A NEW SECTION 20A- 5.30, PROMULGATING MINING PERMIT REGULATIONS'; RESERVING SECTIONS 20A-5.31 THROUGH 2OA-5.34 FOR FUTURE USE; CREATING A NEW SECTION 20A-5.35 REGARDING THE USE OF PUBLIC AND PRIVATE ROADS IN CONJUNCTION WITH EXCAVATING, FILLING, OR MINING OF REAL PROPERTY; CREATING A NEW SECTION 20A-5.36, PROMULGATING STANDARDS FOR THE DURATION AND COMPLETION OF PERMITS; CREATING A NEW SECTION 20A- 5.37, PROVIDING A PROCEDURE FOR INSPECTION AND REVOCATION OF PERMITS; RESERVING SECTIONS 20A-5.38 THROUGH 2OA-5.42 FOR FUTURE USE, CREATING A NEW SECTION 20A-5.43, PROVIDING FOR MINING PERMIT FEES; CREATING A NEW SECTION 20A-5.44, PROVIDING A PROCEDURE FOR APPEALS; CREATING A NEW SECTION 20A-5.45, ESTABLISHING VIOLATIONS AND PENALTIES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Votapka said this agenda item was a result of lack of time for review for the September 7, 1988 workshop meeting. Councilman Metcalf said this ordinance was a team effort of the county sandmining ordinance, the Mayor's amendments to it, and Attorney Nash's input which are in line with 163 Florida Statutes. MOTION by McCarthy I move we adopt the Indian River County sandmining ordinance as adeptedamo n", MOTION died for lack of a second. Discussion took place on the inclusion of fill in the city ordinance that does not appear in the county ordinance. 7 Attorney Nash said the ordinance as presented was a result of the version of the county ordinance presented by Councilman Metcalf with changes made in accordance with the Mayor's comments and the other corresponding sections contained in the Code of Ordinances relating to this type of ordinance. Discussion took place on page 10, Section 20A-5.30 (c)(4), Conditions of Mining Permit Councilman McCarthy questioned the City Attorney that if Council adopts this ordinance, elevation footage is limited and a hardship is placed on the owner of a current sandmine operation would the city be responsible for reimbursement to him for monetary losses. The City Attorney said he had no answer this evening but that it was his understanding that there is no current permittee existing under the current Sebastian sandmining ordinance, since the permit recently granted to an entity that had recently annexed land into the city that had never been rezoned was still under the auspices of the county land use regulations until such time as the property is rezoned. After discussion took place on page 10, Section 20A-5.30 (c)(4), Conditions of Mining Permit, advice from t.e City Attorney was given regarding this matter, and concurrence of the Building Official, it was amended as a result of a unanimous consensus poll to read as Indian River County Ordinance No. 88-21 reads in its section (6)(c)(4). Mayor Votapka instructed the Building Official and City Attorney to look into language on small ponds which is currently in the county sandmining ordinance but not covered by the city ordinance. The City Attorney said he felt that this item would come under Section 20A-5.22 (£) The Building Official said he felt it would be advisable to be more specific. The Building Official said Type A screening verbiage needs to be added. After some discussion on the matter, the Building Official was instructed to contact the County Official responsible and inquire why the single family fill permit provision and other provisions regarding fill permits were taken out of the adopted County ordinance. Mayor Votapka instructed Attorney Nash to check into the difference in the city (page 8, item (e) one foot vertical to four feet horizontal) and county ordinances (one foot vertical to four foot horizontal) N regarding the slope of the littoral zone. He also said that in the same section the square footage should read fifteen feet instead of eighteen. Jim Gallagher said Bob Keating was the County official whom the Building Official should contact. Mayor Harris instructed the Building Official to contact Mr. Keating in writing and further discussion of Ordinance No. 0-88-27 was scheduled for the October 5, 1988 workshop. 6. MOTION by Roth/Vallone I move we adjourn the meeting. VOICE VOTE on the motion carried 5-0. Mayor Votapka adjourned the meeting at 9:55 P.M. ADOPTED AT THE OCTOBER 12, 1988, REGULAR CITY COUNCIL MEETING. RICHARD B. VOTAPKA, MAYOR KATHRYy� M. O'HALLORAN CITY CLERK 0i 88.022 Id - S- eoc' Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Mayor Votapka called recess at 8:50 p.m. and reconvened the meeting at 9:00 p.m. All members present at recess present at recall. were C. Discussion - ORDINANCE NO. 0-88-27- (2nd Draft) - Sandmining AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING SECTION 20A-5.19, SAND MINING: SPECIAL USE PERMIT REQUIRED, OF THE LAND DEVELOPMENT CODE; CREATING A NEW SECTION 20A-5.19, EXCAVATION AND FILL, PURPOSE: CREATING A NEW SECTION 20A- 5.20, DEFINITIONS; CREATING A NEW SECTION 20A-5.21, PROHIBITED ACTIVITY WITH REGARD TO EXCAVATING OR MINING REAL PROPERTY; CREATING A NEW SECTION 20A-5.22 PROVIDING EXEMPTIONS FROM PERMITTING REQUIREMENTS RELATED TO EXCAVATING OR MINING REAL PROPERTY; RESERVING SECTIONS 20A-5.23 THROUGH 20A-5.28 FOR FUTURE USE; CREATING A NEW SECTION 20A-5.29, WATER MANAGEMENT STANDARDS; CREATING A NEW SECTION 20A-5.30, PROMULGATING MINING PERMIT REGULATIONS; RESERVING SECTIONS 20A-5.31 THROUGH 20A-5.34 FOR FUTURE USE; CREATING A NEW SECTION 20A-5.35 REGARDING THE USE OF PUBLIC AND PRIVATE ROADS IN CONJUNCTION WITH EXCAVATING, OR MINING OF REAL PROPERTY; CREATING A NEW SECTION 20A-5.36, PROMULGATING STANDARDS FOR THE DURATION AND COMPLETION OF PERMITS; CREATING A NEW SECTION 20A- 5.37, PROVIDING A PROCEDURE FOR INSPECTION AND REVOCATION OF PERMITS; RESERVING SECTIONS 20A-5.38 THROUGH 20A-5.42 FOR FUTURE USE, CREATING A NEW SECTION 20A-5.43, PROVIDING FOR MINING PERMIT FEES; CREATING A NEW SECTION 20A-5.44, PROVIDING A PROCEDURE FOR APPEALS; CREATING A NEW SECTION 20A-5.45, ESTABLISHING VIOLATIONS AND PENALTIES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (1st Draft - discussion 9/21/88 special meeting, 2nd Draft - discussion 10/5/88 workshop) During a brief discussion on the ordinance, the following changes were made to the revised second draft: (1) Page 4, item (j), the words "filled" and "fill" were deleted; (2) Page 6, item (i)(8) was deleted in entirety; (3) Page 6, item (i)(4) "Pond depth" was changed to "Average water depth in the pond"; Page 10, (4) the word "seal" was changed to "sea"; Page 14 (a) the words "application" were changed to "applicant". 4 Henry Fischer said for the record that the twelve foot pond depth and twenty five foot mining elevation were arbitrary figures. He said the depth below sea level before salt water intrusion occurred during wet mining would have to be 540 feet and that the Sand Ridge is not the primary recharge area for the shallow aquifer. First reading for Ordinance No. 0-88-27 as amended was scheduled for October 26, 1988. Councilman McCarthy questioned whether the city was discriminating by being too stringent on the city's own sandmining operations where hauling requirements are concerned and not requiring the same for outside haulers. The Assistant City Attorney responded that load weight limits may be imposed by the city and enforced by the Police Department and that certain State Statutes cover hauling requirements. He suggested that the city wait until it hires a City Engineer to set load limits. 8. MAYOR'S MATTERS 88.119 A. Presentation - Suggested Policy re: City Volunteer Boards, Committees, and Commissions Mayor Votapka requested that Council look over his memo dated September 26, 1988 regarding recommended policies on board appointments and schedule further discussion for the November workshop. Councilman Roth pointed out that Code Enforcement Board policies were set out in FS Chapter 162. The Assistant City Attorney suggested that item #20 in the Mayor's memo have added to it "involving moral turpitude" after the word "misdemeanor". Mayor Votapka suggested that to item #3 be added "or city ordinance" after the word "Statute", and the sentence "The remaining members should reside in Indian River County" be added after the sentence ending with the word "residents." Mayor Votapka added a number eight to page four as follows: "Failure to file a financial disclosure form as required." 5 ii a -Lf C?- Vice Mayor Vallone suggested that following Jim Davis' presentation, item "88.022 Ordinance No. 0-88- 27 - Sandmining" and item "88.156 Charter Revisions" be addressed. Council concurred. James Davis continued his presentation on the CR 512 Corridor plan, focusing on the how forty foot wide commercial lots platted by GDC along the right of way west of the FEC Railway will be treated, and stated that Alternative D as presented in the plan was the County's recommendation. Mr. Davis briefly addressed the twin pairs concept and stated that now that the county no longer needs to protect the entire one hundred twenty foot right of way in this area, adjacent property owners could reclaim some of the land they deeded to the County. He said this can be clarified once they have gotten a commitment from Sebastian City Council regarding the concept. Discussion took place on holding a public hearing on this matter before Council recommendation to the County, although it was stated by Mr. Davis that the County Commission has final authority for approval. Attorney Nash advised that Council not refer to this as a Public Hearing, but instead call it a special meeting, for which there is no special advertisement requirement. MOTION by Vallone/Metcalf I move we hold a special meeting for public input on the recommended Thoroughfare Plan and CR 512 Corridor on December 5, 1988 at 7:00 p.m. VOICE VOTE on the motion carried 4-0. 10. CITY ATTORNEY MATTERS 88.022 A. ORDINANCE NO. 0-88-27 - Sandmining (3rd Draft) IST READING, SET PUBLIC HEARING 11/30/88 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING SECTION 20A-5.19, SAND MINING: SPECIAL USE PERMIT REQUIRED, OF THE LAND DEVELOPMENT CODE; CREATING A NEW SECTION 20A-5.19, EXCAVATION AND MINING, PURPOSE: CREATING A NEW SECTION 20A-5.20, DEFINITIONS; CREATING A NEW SECTION 20A- 5.21, PROHIBITED ACTIVITY WITH REGARD TO EXCAVATING OR MINING REAL PROPERTY; CREATING A NEW SECTION 20A- 5.22 PROVIDING EXEMPTIONS FROM PERMITTING REQUIREMENTS RELATED TO EXCAVATING OR MINING REAL PROPERTY; RESERVING SECTIONS 20A-5.23 THROUGH 20A- 5.28 FOR FUTURE USE; CREATING A NEW SECTION 20A-5.29, WATER MANAGEMENT STANDARDS; CREATING A NEW SECTION 20A-5.30, PROMULGATING MINING PERMIT REGULATIONS; RESERVING SECTIONS 20A-5.31 THROUGH 2OA-5.34 FOR FUTURE USE; CREATING A NEW SECTION 20A-5.35 REGARDING THE USE OF PUBLIC AND PRIVATE ROADS IN CONJUNCTION WITH EXCAVATING OR MINING OF REAL PROPERTY; CREATING A NEW SECTION 20A-5.36, PROMULGATING STANDARDS FOR THE DURATION AND COMPLETION OF PERMITS; CREATING A NEW SECTION 20A-5.37, PROVIDING A PROCEDURE FOR INSPECTION AND REVOCATION OF PERMITS; RESERVING SECTIONS 20A-5.38 THROUGH 2OA-5.42 FOR FUTURE USE, CREATING A NEW SECTION 20A-5.43, PROVIDING FOR MINING PERMIT FEES; CREATING A NEW SECTION 20A- 5.44, PROVIDING A PROCEDURE FOR APPEALS; CREATING A NEW SECTION 20A-5.45, ESTABLISHING VIOLATIONS AND PENALTIES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (1st Agenda 6/22/88, 2nd Agenda 7/27/88, 1st Draft Discussion 9/7/88, Discussion 9/21/88 Special Meeting, 2nd Draft Discussion 10/5/88, 1st Reading 3rd Draft 10/26/88 - not addressed carried to 11/2/88 - amended page 7) Attorney Nash read Ordinance No. 0-88-27 for the first time by title only. MOTION by Vallone/Metcalf I move we accept the first reading of Ordinance No. 0-88-27 and set it for public hearing on November 30, 1988. ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Vice Mayor Vallone - aye Mayor Votapka - aye MOTION CARRIED. 88.156 B. Charter Revisions - Also Clerk Report on Referendum Costs (distributed 10/13/88) The City Manager explained his recommendation to Council as stated in his memo dated October 28, 1988. Vice Mayor Vallone suggested that in Article 2 the City Manager, rather than appointing an interim manager in his absence, should "recommend" appointment. Councilman Metcalf recommended this item be placed on the next agenda so that each Councilman can review and make written suggestions. 7 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Vice Mayor Vallone read a statement, resigning his position as Vice Mayor of the City of Sebastian for the balance of his term, effective November 30, 1988 at 10:30 p.m. MOTION by Roth/Metcalf I move we add acceptance of Vice Mayor Vallone's resignation from the position of Vice Mayor for the balance of his term to this agenda. VOICE VOTE on the motion carried 5-0. MOTION by Roth/Metcalf I move we accept Vice Mayor Vallone's resignation from the position of Vice Mayor of the City of Sebastian for the balance of his term effective November 30, 1988 at 10:30 p.m. ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye MOTION CARRIED 5-0. MOTION by Vallone/Roth I move we defer appointment of a Vice Mayor to the December 5, 1988 Special Meeting and cancel the scheduled December 1, 1988 Special Meeting. ROLL CALL: Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye »Councilman McCarthy - aye MOTION CARRIED 5-0. 6. COMPREHENSIVE LAND USE PLAN AMENDMENTS, REZONINGS, ANNEXATIONS 88.178 A. VICKERS 1. First Reading, Public Hearing, Transmit to DCA ORDINANCE NO. 0-88-30 - (Vickers Comprehensive Land Use Amendment) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY IL DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 35 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-30 for the first time by title only. Mayor Votapka opened the public hearing at 7:20 p.m. The Director of Community Development presented a location map of the previously annexed subject area and remarked that the applicant has concurred to provide an additional twenty foot right-of-way for Concord Avenue for a full sixty feet and a fifty foot buffer. Attorney Steven Lulich, representing the applicant, requested that the applicant not be denied an amendment to the comprehensive land use plan and rezoning due to moneys expended by the applicant since the time of annexation approval. He cited the cases of City of Hollywood vs. Hollywood Beach Hotel and City of Gainesville vs. Bishop. Victor Williams, 358 (inaudible), questioned possible truck traffic on Concord, buffer area, and permitted industrial use for IN zoning. Robert Fullerton stated that the owners of the adjacent mobile park, Whispering Palms, had no objections to the land use change and rezoning. Mayor Votapka closed the public hearing at 7:35 p.m. MOTION by Roth/McCarthy I move; -We accept Ordinance No. 0-88-30 on first reading and transmit it to the Department of Community Affairs. ROLL CALL: Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye MOTION CARRIED 5-0. 3 2. First Reading - ORDINANCE NO. 0-88-31 - (Vickers Rezoning) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 35 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY; FROM COUNTY ZONING DISTRICTS MXD TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-31 for the first time by title only. MOTION by McCarthy/Metcalf I move we accept the first reading of Ordinance No. 0-88-31. ROLL CALL: Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye MOTION CARRIED 5-0. B. HUMPHREY 1. First Reading, Public Hearing, Transmit to DCA ORDINANCE NO. 0-88-32 - (Humphrey Comprehensive Land Use Amendment) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM CL (LIMITED COMMERCIAL) TO CG (COMMERCIAL GENERAL) FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 5 ACRES MORE OR LESS BORDERED ON THE EAST SIDE BY NORTH CENTRAL AVENUE, THE WEST SIDE BY U.S. HIGHWAY 1, AND THE NORTH BY 9TH STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-32 for the first time by title only. Mayor Votapka opened the public hearing at 7:45 p.m. 4 MOTION by Vallone/Metcalf I move we accept the first reading of Ordinance No. 0-88-42, contingent upon an opinion from the City Attorney regarding whether or not this violates FS 171.044 ss 5, to be received at the December 7, 1988, Regular Council meeting. ROLL CALL: Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye MOTION CARRIED 5-0. MOTION by Vallone/Metcalf I move we adjourn the November 30, 1988, Special Meeting. VOICE VOTE on the motion carried 5-0. MOTION by Vallone/McCarthy I move we reconvene the November 30, 1988, Regular Meeting. VOICE VOTE on the motion carried 5-0. REGULAR MEETING, PUBLIC HEARING MOTION by Vallone/McCarthy I move we move item 88.022 Ordinance No. 0-88-27 - Sandmining to this part of the agenda. 9. PUBLIC HEARING, FINAL ACTION 88.022 A. ORDINANCE NO. 0-88-27 - (Sandmining) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING SECTION 20A-5.19, SAND MINING: SPECIAL USE PERMIT REQUIRED, OF THE LAND DEVELOPMENT CODE; CREATING A NEW SECTION 20A-5.19, EXCAVATION AND MINING, PURPOSE: CREATING A NEW SECTION 20A-5.20, DEFINITIONS; CREATING A NEW SECTION 20A-5.21, PROHIBITED ACTIVITY WITH REGARD TO EXCAVATING OR MINING REAL PROPERTY; CREATING A NEW SECTION 20A-5.22 PROVIDING EXEMPTIONS FROM PERMITTING REQUIREMENTS RELATED TO EXCAVATING OR MINING REAL PROPERTY; RESERVING SECTIONS 20A-5.23 THROUGH 20A-5.28 FOR FUTURE USE; CREATING A NEW SECTION 20A-5.29, WATER MANAGEMENT STANDARDS; CREATING A NEW SECTION 20A-5.30, PROMULGATING MINING PERMIT REGULATIONS; RESERVING SECTIONS 20A-5.31 THROUGH 20A-5.34 FOR FUTURE USE; CREATING A NEW SECTION 20A-5.35 REGARDING THE USE OF PUBLIC AND PRIVATE ROADS IN CONJUNCTION WITH EXCAVATING OR MINING OF REAL PROPERTY; CREATING A NEW SECTION 20A-5.36, PROMULGATING 16 STANDARDS FOR THE DURATION AND COMPLETION OF PERMITS; CREATING A NEW SECTION 20A-5.37, PROVIDING A PROCEDURE FOR INSPECTION AND REVOCATION OF PERMITS; RESERVING SECTIONS 20A-5.38 THROUGH 2OA-5.42 FOR FUTURE USE, CREATING A NEW SECTION 20A-5.43, PROVIDING FOR MINING PERMIT FEES; CREATING A NEW SECTION 20A-5.44, PROVIDING A PROCEDURE FOR APPEALS; CREATING A NEW SECTION 20A-5.45, ESTABLISHING VIOLATIONS AND PENALTIES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-27 by title only. Mayor Votapka opened the public hearing at 10:50 p.m., however, there being no input from the public, he closed the public hearing at 10:51 p.m. MOTION by Metcalf/Vallone I move we adopt Ordinance No. 0-88-27 as read by the City Attorney by title only. ROLL CALL: Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - nay MOTION CARRIED 4-1 - McCarthy - nay 7. CONSENT AGENDA A. Approve Minutes - 11/2/88 Workshop, 11/9/88 Regular 88.175 B. Bid Award - Golf Course Cleaning - Allyn's Cleaning Service - $600 Per Month - (carried from 11/9/88 - Specs Provided) 88.184 C. Hid Award - Golf Course - 22 Tons Fertilizer - Golf Ventures of Lakeland, FL - $6,250.20 88.185 D. Resolution No. R-88-70 - Abandonment of Easement Lot 31, Block 417, Unit 9, Sebastian Highlands 88.186 E. Resolution No. R-88-71 - Abandonment of Easement Lot 36, Block 301, Unit 10, Sebastian Highlands 88.187 F. Resolution No. R-88-73 - Abandonment of Easement Lot 7 & 8, Block 194, Unit 8, Sebastian Highlands 88.188 G. Resolution No. R-88-74 - Abandonment of Easement Lots 13 & 14, Block 118, Unit 4, Sebastian Highlands 17 Regular City Council Meeting July 12, 1989 Page 4 Steven Lulich, legal counsel for Sebastian Lakes, was present to answer questions. Mayor Votapka closed the public hearing at 7:49 p.m. MOTION by Rondeau/McCarthy I move we adopt Ordinance No. 0-88-29 as read by the City Attorney by title only. ROLL CALL: Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye MOTION CARRIED 5-0. 88.178 B. ORDINANCE NO. 0-88-30 - Vickers CLUP Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY IL DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 35 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (1st Reading and 1st PH 11/30/88, 1st PH advertised 11/21/88, Transmittal to DCA 2/20/89, 2nd PH advertised 7/5/89, 2nd PH 7/12/89) Attorney Nash read Ordinance No. 0-88-30, for the second time, by title only. Mayor Votapka opened the public hearing at 7:50 p.m. The Director of Community Development gave a presentation on the request, recommended approval and discussion took place on adverse comments by DER. Mayor Votapka closed the public hearing at 7:55 p.m. MOTION by McCarthy/Oberbeck I move we adopt Ordinance No. 0-88-30 as read by the City Attorney by title only. n Regular City Council Meeting July 12, 1989 Page 5 ROLL CALL: Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 5-0. 88.178 C. ORDINANCE NO. 0-88-31 - Vickers Rezoning AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 35 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY; FROM COUNTY ZONING DISTRICTS MXD TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (1st Reading 11/30/88, PH advertised 6/30/89, PH 7/12/89) Attorney Nash read Ordinance No. 0-88-31, for the second time, by title only. Mayor Votapka. opened the public hearing at 7:56 p.m. The Director of Community Development gave no further comment on the request. Mayor Votapka closed the public hearing at 7:58 p.m. MOTION by McCarthy/Rondeau I move we adopt Ordinance No. 0-88-31 as read by the City Attorney by title only. ROLL CALL: Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye MOTION CARRIED 5-0. 88.179 D. ORDINANCE NO. 0-88-32 - Humphrey CLUP Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM CL (LIMITED COMMERCIAL) TO CG (COMMERCIAL GENERAL) FOR LAND F Regular City Council Meeting July 26, 1989 Page 7 A. PLANNING AND ZONING COMMISSION 89.136 1. Reappointment of William Mahoney to Three Year Term - 7/89 - 7/92 (P & Z Minutes dated 6/1/89) — — MOTION by Oberbeck/McCarthy I move we approve the reappointment of William Mahoney to a three year term from July 1989 to July 1992. VOICE VOTE on the motion carried 5-0. 89.137 B. RESOLUTION NO. R-89-44 - Vicker Subdivision Preliminary Plat Approval (Staff Recommendation dated 7/20/89, P & Z Minutes dated 8/18/88) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A PRELIMINARY SUBDIVISION PLAT; APPROVING A PRELIMINARY SUBDIVISION PLAT FOR AN INDUSTRIAL SUBDIVISION OCCUPYING A TRACT OF LAND APPROXIMATELY 30.53 ACRES IN SIZE, LOCATED IN SECTIONS 17 AND 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR A WAIVER OF CERTAIN REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE APPROVAL OF THE PRELIMINARY SUBDIVISION PLAT; PRESCRIBING A TIME LIMIT FOR APPROVAL OF A FINAL PLAT FOR A MAJOR SUBDIVISION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Nash read Resolution No. R-89-44 by title only. Mayor Votapka noted that legal descriptions on the preliminary plat and resolution were different and said he felt hesitant to approve the resolution tonight. Mayor Votapka also said Essex Lane should be labeled on the plat, the right-of-way shown both on the north by Concord Avenue and future City of Sebastian Thoroughfare Plan should be dedicated to the City of Sebastian on both accounts, and future right-of-way should be specified as to the width of Regular City Council Meeting July 26, 1989 Page 8 the right -o£ -way. MOTION by McCarthy/Rondeau I move we postpone action on Resolution No. R-89- 44 and refer it to the Director of Community Development for review and correction of the legal description. Vice Mayor McCarthy said the intent of his motion was such that the Director of Community Development would use his prerogative to take the matter back to Planning and Zoning if he feels there are inconsistencies. VOICE VOTE on the motion carried 5-0. George Metcalf, 425 Main Street, Sebastian, discussed several contingencies as approved by Planning & Zoning. 11. OLD BUSINESS None. 12. NEW BUSINESS 89.138 A. ORDINANCE NO. 0-89-16 - Model Home Permit (Staff Recommendation dated 7/21/89) FIRST READING, SET PUBLIC HEARING 8/23/89 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO CONDITIONAL USES; AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; AMENDING CLAUSE 20A- 6.1.C.19.b.(1) OF THE LAND DEVELOPMENT CODE PROVIDING FOR THE APPROVAL OF RENEWALS OF MODEL HOME PERMITS BY THE PLANNING AND ZONING COMMISSION; DELETING CLAUSE 20A-6.1.C.19.b.(2) OF THE LAND DEVELOPMENT CODE REGARDING NOTICE REQUIREMENTS; RESERVING CLAUSE 20A-6.1.C.19.b.(2) FOR FUTURE PROVISIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-89-16 for the first time by title only. [] Regular City Council Meeting Minutes September 13, 1989 Page Eight Discussion took place on the need for a port -o -let at Hardee Park and possible vandalism thattake place. Edra Young said she participates in a hospital sponsored group walk at Hardee Park and that many members do require a handicap port -o -let and had signed a petition to that effect. She recommended that additional lights may prevent vandalism. MOTION by Rondeau/Oberbeck I move we approve the request of the Parks and Recreation Committee for placement of a handicap port -o -let at Hardee Park and to investigate the possibility of using tie downs. The Director of Community Development said he would find the most appropriate site and look into tie downs. ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye MOTION CARRIED 5-0. 11. OLD BUSINESS 89.137 A. RESOLUTION NO. R-89-44 - Vickers Subdivision Preliminary Plat (Staff Recommendation dated 9/7/89, Memo from City Planner dated 9/7/89, Letter from Fowler dated 8/31/89) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A PRELIMINARY SUBDIVISION PLAT; APPROVING A PRELIMINARY SUBDIVISION PLAT FOR AN INDUSTRIAL SUBDIVISION OCCUPYING A TRACT OF LAND APPROXIMATELY 30.53 ACRES MORE OR LESS IN SIZE, LOCATED IN SECTIONS 17 AND 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR A WAIVER OF CERTAIN REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE APPROVAL OF THE PRELIMINARY SUBDIVISION PLAT; PRESCRIBING A TIME LIMIT FOR THE SUBMISSION FOR APPROVAL OF A FINAL PLAT FOR A MAJOR SUBDIVISION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE Regular City Council Meeting Minutes September 13, 1989 Page Nine 89.151 DATE. (2nd Draft) The City Manager read Resolution No. R-89-44 by title only. The Director of Community Development said the legal description had been corrected since this last appeared on the agenda. He noted the letter from Fowler dated August 31, 1989. MOTION by McCarthy/Rondeau I move we adopt Resolution No. R-89-44 as read by the City Manager by title only. ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye MOTION CARRIED 5-0. 12. NEW BUSINESS A. RESOLUTION NO. R-89-52 - CWA Contract Ratification (City Manager Recommendation dated 9/7/89) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATION WORKERS OF AMERICA, FOR THE PERIOD FROM OCTOBER 1, 1989 THROUGH AND INCLUDING SEPTEMBER 30, 1990; PROVIDING AN EFFECTIVE DATE. The City Manager read Resolution No. R-89-52 by title only and recommended its approval. MOTION by Rondeau/Oberbeck I move we adopt Resolution No. R-89-52 as read by the City Manager by title only. ROLL CALL: Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye MOTION CARRIED 5-0. 7 Regular City Council Meeting Minutes December 13, 1989 Page 16 THE OFFICIAL CITY ZONING MAP TO REFLECT THE CHANGE IN ZONING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-89-29 for the first time by title only. MOTION by Oberbeck/McCarthy I move we accept Ordinance No. 0-89-29 on first reading and set public hearing tentatively for February 14, 1990. ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Mayor Votapka - aye MOTION CARRIED 4-0. 89.205 H. ORDINANCE NO. 0-89-30 - Fischer CLUP Amendment - 116.55 Acres FIRST READING, SET IST PUBLIC HEARING 1/24/90 - DCA REVIEW REQUIRED AFTER 1ST PH AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH RESPECT TO THREE PARCELS OF LAND, APPROXIMATELY 116.55 ACRES MORE OR LESS, T=ATED IN THE SOUTHEAST SECTION OF THE CITY, ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, SOUTH AND EAST OF SCHUMANN DRIVE; AND NORTH OF MABRY STREET,; AMENDING THE COMPREHENSIVE USE PLAN MAP FOR THE FIRST PARCEL OF LAND FROM INDIAN RIVER COUNTY LD -2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY LD (LOW DENSITY) DISTRICT; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH RESPECT TO THE SECOND PARCEL OF LAND FROM INDIAN RIVER COUNTY LD -2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY MD (MEDIUM DENSITY) DISTRICT; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH THE RESPECT TO THE THIRD PARCEL OF LAND FROM INDIAN RIVER COUNTY LD - 2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY IND (INDUSTRIAL) DISTRICT; PROVIDING FOR THE TRANSMITTAL OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING 16 Regular City Council Meeting Minutes December 13, 1989 Page 17 FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-89-30 for the first time by title only. MOTION by McCollum/Oberbeck I move we accept Ordinance No. 0-89-30 on first reading and set first public hearing for January 24, 1990. ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - aye Mayor Votapka - aye Vice Mayor McCarthy - aye MOTION CARRIED 4-0. 89.205 I. ORDINANCE NO. 0-89-31 - Fischer Rezoning - 116.55 Acres FIRST READING, PUBLIC HEARING WILL BE HELD AT TIME OF 2ND PUBLIC HEARING AND ADOPTION OF 0-89-30 FOLLOWING DCA REVIEW AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING THREE PARCELS OF REAL PROPERTY IN THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 116.55 ACRES MORE OR LESS, LOCATED ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, SOUTH AND EAST OF SCHUMANN DRIVE, AND NORTH OF MABRY STREET; REZONING THE FIRST PARCEL OF REAL PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1 AND RM76 (RESIDENTIAL MULT- FAMILY) TO CITY ZONING DISTRICT RS -10 (RESIDENTIAL SINGLE FAMILY); REZONING THE SECOND PARCEL OF REAL PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1 AND RM -6 (RESIDENTIAL MULTI -FAMILY) TO CITY ZONING DISTRICT RM -8 (RESIDENTIAL MEDIUM); REZONING THE THIRD PARCEL OF REAL PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1, RM -6 (RESIDENTIAL MULTI- FAMILY) AND IND (INDUSTRIAL) TO CITY ZONING DISTRICT IN (INDUSTRIAL); AMENDING THE OFFICIAL CITY ZONING MAP TO REFLECT THE CHANGE IN ZONING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 17 Regular City Council Meeting Minutes December 13, 1989 Page 18 89.217 Attorney Nash read Ordinance No. 0-89-31 for the first time by title only. MOTION by McCollum/Oberbeck I move we accept Ordinance No. 0-89-31 on first reading and set public hearing when 0-89-30 is returned from DCA. ROLL CALL: Councilman Oberbeck - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye MOTION CARRIED 4-0. J. RESOLUTION NO. R-89-65 - Annual Leave - Unlimited Time Status (City Manager Recommendation dated 12/5/89) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ACCRUAL OF ANNUAL LEAVE UNDER THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES FOR PERSONNEL ADMINISTRATION; PROVIDING FOR INCLUSION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES FOR PERSONNEL ADMINISTRATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Nash read Resolution No. R-89-65 by title only. MOTION by Oberbeck/McCarthy I—move we adopt Resolution No. R-89-65 as read by the City Attorney. ROLL CALL: Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 4-0. 14. MAYOR'S MATTERS None. m Regular City Council Meeting January 24, 1990 Page Four The Director of Community Development presented the request and recommended setting the second public hearing on February 14, 1990. There was no public comment. Mayor Votapka closed the public hearing at 7:20 p.m. MOTION by McCollum/Oberbeck I move we set second public hearing for Ordinance No. 0-89-28 on February 14, 1990. ROLL CALL: Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye MOTION CARRIED 5-0. 89.205 C. ORDINANCE NO. 0-89-30 - Fischer CLUP Amendment - 116.55 Acres IST PH, TRANSMIT TO DCA, TENTATIVELY SCHEDULE 2ND PH AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH RESPECT TO THREE PARCELS OF LAND, APPROXIMATELY 116.55 ACRES MORE OR LESS, LOCATED IN THE SOUTHEAST SECTION OF THE CITY, ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, SOUTH AND EAST OF SCHUMANN DRIVE; AND NORTH OF MABRY STREET;AMENDING THE COMPREHENSIVE USE PLAN MAP FOR THE FIRST PARCEL OF LAND FROM INDIAN RIVER COUNTY LD -2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY LD (LOW DENSITY) DISTRICT; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH RESPECT TO THE SECOND PARCEL OF LAND FROM INDIAN RIVER COUNTY LD -2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY MD (MEDIUM DENSITY) DISTRICT; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH THE RESPECT TO THE THIRD PARCEL OF LAND FROM INDIAN RIVER COUNTY LD - 2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY IND (INDUSTRIAL) DISTRICT; PROVIDING FOR THE TRANSMITTAL OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (1st reading 12/13/89, Advertised 1/4 page 1/15/90, 1st ph 1/24/90) 4 Regular City Council Meeting January 24, 1990 Page Five Attorney Nash read Ordinance No. 0-89-30 by title only. Mayor Votapka opened the public hearing at 7:22 p.m. The Director of Community Development presented the request and recommended transmittal to Department of Community Affairs (DCA). There was no public comment. Mayor Votapka closed the public hearing at 7:25 p.m. MOTION by McCarthy/Oberbeck I move we accept Ordinance 0-89-30 and to transmit it to DCA. ROLL CALL: Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 5-0. 90.027 C. Proclamation _ Henry William Schacht, Eagle Scout Mayor Votapka read the proclamation and presented it to Henry William Schacht. 8. PUBLIC INPUT A. Non -Agenda Items 90.028 1.— ,�Request for Yacht Club - Pelican Island Jaycees - Waiver or Reduction of Security Deposit and Rental and A/B (Letter from Jerry Cobb, Reservation Form, Rental Application Proof of Age) Esther Cramer presented the request to Council. The City Manager recommended that this request if approved not include use of the Yacht Club on July 4, 1990. Following some discussion it was decided that the Jaycees would pay the full security deposit of $250. 5 Regular City Council Meeting April 25, 1990 Page Six MOTION by Oberbeck/Powell I move we send this back to Parks and Recreation with a recommendation that they pursue setting up a separate softball league for age group fourteen to seventeen. VOICE VOTE on the motion carried 4-1 (McCollum - nay) B. PLANNING AND ZONING COMMISSION 90.115 1. Site Plan Extension - Richard Brunton (P & Z Recommendation dated 4/19/90, Memo from & Z dated 4/17/90, Letter from Brunton dated 3/13/90) MOTION by McCollum/Powell I move we approve the time extension of Mr. Brunton to June 15, 1991. VOICE VOTE on the motion carried 5-0. 90.116 2. Vicker's Sandmine III - Draft Resolution/Set & Z m P dated 3/8/90 and Application) cal The City Clerk explained that time constraints would not allow the public hearing to take place on May 9, 1990 and recommended May 23, 1990. MOTION by McCollum/Powell I'move that you (the Attorney) prepare the resolution necessary. VOICE VOTE on the motion carried 5-0. 12. OLD BUSINESS None. 13. NEW BUSINESS None. 14. MAYOR'S MATTERS Mayor Conyers said the Acting Golf Course Manager would be discussed under City Manager's matters. L Regular City Council Meeting May 23, 1990 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) The City Manager requested the addition of an item under his matters to cancel the June 6, 1990 workshop due to lack of business. MOTION by McCollum/Powell I so move. VOICE VOTE on the motion 4-0. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 90.138 A. Proclamation = Dwight Tra£icante _ Eagle Scout Mayor Conyers read and presented a proclamation to Dwight Traficante for his accomplishment in obtaining Eagle Scout rating. 7. PUBLIC HEARING, FINAL ACTION 90.116 A. RESOLUTION NO. R-90-19 - Vickers Grove Sandmine Phase III (Staff Recommendation dated 5/15/90, Resolution, Memo from Technical Review Committee dated 3/29/90) (Generally located west of Florida East Coast Railroad right-of-way, south and east of Schumann Drive, north of Mabry Street and east of Lance Street) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 16.38 ACRES IN SIZE, LOCATED IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Torpy read Resolution No. R-90-19 by title only. Regular City Council Meeting May 23, 1990 Page Three Mayor Conyers opened the public hearing at 7:08 p.m. George Metcalf, 425 Pine Street, Sebastian, opposed approval. Carolyn Corum, 881 Dolores Street, Sebastian, urged Council to request the developer to regulate dust. Mayor Conyers closed the public hearing at 7:18 p.m. Stan Mayfield, Masteller & Moler, engineers for the project, addressed Council stating the St. John's permits have been received, bonds will be posted and that reduction of excess dust can be looked into. The Director of Community Development said he could make the reduction of dust a condition of approval. Mayor Conyers encouraged citizens to contact the Director of Community Development if problems arise during the mining operation. MOTION by McCollum/Powell I move we approve the sandmining special use permit for Vickers Sandmine III subject to three conditions; 1) Applicant to submit and City to approve revision(s) concerning littoral zone requirements per Code; 2) Applicant to provide compliance and restoration bonds per Section 20A-5.30 (e) of Code; 3) Type A or natural landscaping buffer/ screen required per Code. ROLL CALL: Councilman McCollum - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye MOTION CARRIED 4-0. 8. PUBLIC INPUT A. Non -Agenda Items 90.137 1. Marilyn Waldis, Pilot Club - Community Organization Signs on U.S. #1 - Waive Sign Restriction at Corner of U.S. #1 and CR 512 (Riverview Perk) (No Backup _ Staff Verbal Report) Marilyn Waldis, 1462 Bevin Street, Sebastian, 3 City Council Workshop August 1, 1990 Page Five VOICE VOTE on the motion carried 3-0. 89.205 E. Review Prior Council Action on Ordinance Nos. 0-89-30 (CLUP Amendment) and 0-89-31 (Rezonir, for Fischer (116.55 Acres) - Set Public Heari DCD Memo dated dated 12/7/89, The Director of Community Development said the DCA had no objection to this land use category. MOTION by McCollum/Oberbeck I move we set the public hearings for September 12, 1990 on Ordinance No. 0-89-30 and Ordinance N. 0- 89-31. VOICE VOTE on the motion carried 3-0. 90.181 F. Discuss Proposed Solin Contract to Amend Land Development Code Regulations (Staff Recommendation dated 7/16/90, Proposed Agreement) The City Manager handed out page three of the contract that had been missing from the agenda packet. The Director of Community Development explained that this contract is for Solin to amend the Land Development Code to bring it into compliance with the Comprehensive Land Use Plan and that grant funds will be used. Severat changes were made to the contract in accordance with the comments from the City Attorney. 89.032 G. Director of Community Development - Report on City Action Re: DCA Finding City Comprehensive Land Use Plan in Non -Compliance (Notice of Hearing, Letter from DCA dated 7/11/90) The Director of Community Development said that Solin and Associates have developed a work program and are actively working on resolving differences with DCA. 8. MAYOR'S MATTERS Mayor Conyers discussed his vacation. W7 Regular City Council Meeting September 12, 1990 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) At the request of Vice Mayor Oberbeck, discussion of hours of sale of alcoholic beverages was placed on the agenda as item B under Old Business. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation _ Constitution Week _ 9/17 _ 9/23/90 Mayor Conyers read and presented the proclamation to Thelma Kropp. 7. PUBLIC HEARING, FINAL ACTION 89.205 A. ORDINANCE NO. 0-89-30 - Fischer CLUP Amendment - 116.55 Acres AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH RESPECT TO THREE PARCELS OF LAND, APPROXIMATELY 116.55 ACRES MORE OR LESS, LOCATED IN THE SOUTHEAST SECTION OF THE CITY, ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, SOUTH AND EAST OF SCHUMANN DRIVE; AND NORTH OF MABRY STREET; AMENDING THE COMPREHENSIVE USE PLAN MAP FOR THE FIRST PARCEL OF LAND FROM INDIAN RIVER COUNTY LD -2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY LD (LOW DENSITY) DISTRICT; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH RESPECT TO THE SECOND PARCEL OF LAND FROM INDIAN RIVER COUNTY LD -2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY MD (MEDIUM DENSITY) DISTRICT; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH THE RESPECT TO THE THIRD PARCEL OF LAND FROM INDIAN RIVER COUNTY LD - 2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY IND (INDUSTRIAL) DISTRICT; PROVIDING FOR THE TRANSMITTAL OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (1st Reading 12/13/89, Advertised 1/4 Page 1/15/90, 1st PH 1/24/90, Transmittal to DCA, 8/1/90 Discussion, Advertised 1/4 Page 9/6/90, 2nd PH 9/12/90) The City Attorney read Ordinance No. 0-89-30 by title only. 2 Regular City Council Meeting September 12, 1990 Page Three Mayor Conyers opened the public hearing at 7:10 p.m. Virginia Struck, 892 Lance Street, and Evelyn Guido, 857 Lance Street, both of Sebastian expressed concerns regarding traffic. The Director of Community Development responded that those concerns should be addressed during preliminary plat deliberation. Mayor Conyers closed the public hearing at 7:16 p.m. MOTION by Oberbeck/McCollum I move we adopt Ordinance No. 0-89-30. ROLL CALL: Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye MOTION CARRIED 5-0. 89.205 B. ORDINANCE NO. 0-89-31 - Fischer Rezoning - 116.55 Acres AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING THREE PARCELS OF REAL PROPERTY IN THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 116.55 ACRES MORE OR LESS, LOCATED ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, SOUTH AND EAST OF SCHUMANN DRIVE, AND NORTH OF MABRY STREET; REZONING THE FIRST PARCEL OF REAL PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1 AND RM -6 (RESIDENTIAL MULT- FAMILY) TO CITY ZONING DISTRICT RS -10 (RESIDENTIAL SINGLE FAMILY); REZONING THE SECOND PARCEL OF REAL PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1 AND RM -6 (RESIDENTIAL MULTI -FAMILY) TO CITY ZONING DISTRICT RM -8 (RESIDENTIAL MEDIUM); REZONING THE THIRD PARCEL OF REAL PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1, RM -6 (RESIDENTIAL MULTI- FAMILY) AND IND (INDUSTRIAL) TO CITY ZONING DISTRICT IN (INDUSTRIAL); AMENDING THE OFFICIAL CITY ZONING MAP TO REFLECT THE CHANGE IN ZONING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (lst Reading 12/13/89, Advertised 8/29/90 Legal Notices, PH 9/12/90) Regular City Council Meeting September 12, 1990 Page Four The City Attorney read Ordinance No. 0-89-31 by title only. Mayor Conyers opened the public hearing at 7:18 p.m. Corrin Van Buskirk, 865 Dolores Street, Cynthia Fitzpatrick, 874 Dolores Street, and Elizabeth McFadden, 886 Lance Street, all of Sebastian, expressed concerns regarding traffic impact. Ms. Van Buskirk submitted backup to Council which included a petition objecting to egress from the subject property onto Lance Street. Ms. McFadden also stated that conditions of Fischer's burn permit are not being adhered to. The Director of Community Development reiterated his statement that traffic concerns should be addressed during preliminary plat deliberation. Mayor Conyers advised the speakers to contact staff with their concerns. Mayor Conyers closed the public hearing at 7:45 p.m. MOTION by Powell/Oberbeck I move we accept Ordinance No. 0-89-31. ROLL CALL: Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye MOTION CARRIED 5-0. 90.153 C. ORDINANCE NO. 0-90-06 - Old Fire Station - U.S. #1 - CLUP Amendment - .398 Acres AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM CL (COMMERCIAL LIMITED) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT FOR LAND LOCATED IN THE EAST CENTRAL AREA OF THE CITY, APPROXIMATELY .398 ACRES MORE OR LESS LOCATED ON THE EAST SIDE OF THE RIGHT-OF-WAY OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND SOUTH OF FIRST STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN 4 4 * City Council Regular Meeting May S, 1991 Page Nine MOTION by Oberbeck/Powell My recommendation is to hold this until such time as I can meet with staff and possibly review some questions with the consultants. The City Manager noted that the City Attorney had not signed off on this contract. Stan Mayfield addressed the Council. ROLL CALL: Vice Mayor Oberbeck aye Councilman Powell aye Councilman Reid aye Mayor Conyers aye MOTION CARRIED 4-0. 91.138 D. Vickers Grove Preliminary Subdivision Plat (Staff Recommdation dated 5/1/91, P & Z memo dated 12/21/90, Application, Davis Memo 5/1/91, Davis Memo dated 3/27/91, Fischer Letter dated 2/27/91, Maps and Plans) Bruce Cooper gave a brief history of this item. MOTION by Oberbeck/Powell Move to direct the City Attorney to draft a resolution to approve the Preliminary Subdivision for Vickers Grove Subdivision subject to the items 1,2, and 3 on the recommended action. (The following was added by the City Clerk's office:) 1. Applicant will be required to coordinate and construct 99th Street improvements as outlined in -dim Davis's letter, prior to submission of a final plat. 2. The applicant will be required to have final approval from the appropriate agencies for the central water and sewer system, prior to a final plat. 3. The applicant will be required to post certain signs to prohibit trucks from using the "Back door entrance". The location and size shall be coordinated with the City Engineer prior to placement. 2 City Council Regular Meeting May 8, 1991 Page Ten ROLL CALL: Vice Mayor Oberbeck aye Councilman Powell aye Councilman Reid aye Mayor Conyers aye MOTION CARRIED 4-0. 14. MAYOR'S MATTERS The Mayor questioned the location in the same building of the special attorney and engineer that are working on the water/sewer franchise. Noted that a letter discussed previously was available to the public. 15. COUNCIL MATTERS A. Vice Mayor Oberbeck Requested date of bid opening for new Police Station, questioned his "pet project" Laconia, he suggested a special meeting to review items on the pending item list. He expressed concern of a letter from the Mayor to the County Commission on city stationery. He noted that there are individual letters from Council Members to the County. He noted that opinions expressed should be a consensus of the City Council and not individual opinions. B. Councilman Powell Noted that on C.R. 512 at C.R. 510 there is directing traffic to A -1-A. Spoke relating Cavcorp property and costs. He noted that no cost estimates relating to the change on (change, to Twin Pairs). He stated that the project is stopped east of the school until information is gathered. He requested more from citizens re: these items. C. Councilman Reid a sign to the there are C.R. 512 C.R. 512 all the input He spoke briefly on the letter from the Mayor to the County Commission, his letter to Jim Davis and the lack of participation of the Council relating to this item. He noted that the comprehensive plan requires park land and the cavcorp property could sever this purpose. He noted that a city should not be run by referendum but by the Council. Discussion again followed relating to the Mayor's letter to the County Commission. 10 Regular City Council Meeting June 12, 1991 Page Twelve 91.138 D. RESOLUTION NO. R-91-18 - Vickers Grove Preliminary Plat (Staff Recommendation dated 6/6/91, R-91-18) 91.164 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE APPROVAL OF A PRELIMINARY PLAT FOR A MAJOR SUBDIVISION FOR A PARCEL OF LAND APPROXIMATELY 117 ACRES IN SIZE, LOCATED IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR BINDING EFFECT; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-91-18 by title only. Carolyn Corum, Delores Street, Sebastian, requested a green belt buffer between Vickers Grove Subdivision and Sebastian Highlands and expressed concern for egress onto Gilson Avenue from Vickers Grove. The Director of Community Development explained that a buffer is not a requirement since both properties are zoned RS -10. MOTION by Reid/Oberbeck I move we approve Resolution No. R-91-18 Vickers Grove Preliminary Plat. ROLL CALL: Vice Mayor Oberbeck Councilman Reid Mayor Conyers Councilman Holyk MOTION CARRIED 4-0. F. Ruth Sullivan (On Behalf of In v�ci a.y vwaacl,a t'aJ OVl:16l.1 Vll f — Planning and Zoning Commission Conceptual Design - 55 Room Ho Drive and Schedule Public Hear, 1991 (Staff Recommendation dat, Letter dated 5/24/91, P & Z Mij aye aye aye aye River - Indian River for June 26, %6/91. Sullivai Ruth Sullivan, 1215 Indian River Drive, Sebastian, on behalf of the Indian River Property Owners' Association, expressed concern for approval without a traffic count being conducted. 12 Regular City February 23, Page Two Council Meeting 1994 The City Clerk introduced the new City Manager, Joel Koford. 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). Mayor Powell said he had been requested to move agenda item 94.073 relative to Vickers Grove up on the agenda since the action to be taken was merely to set a public hearing. MOTION by Freeland/Oberbeck I would recommend that we move item E up to the beginning of the agenda to item 7. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS Mayor Powell inquired whether the City Council concurred with the appointment of John Malek as Chairman of the 4th of July Committee. It was the consensus of City Council to appoint him. The City Clerk was directed to notify Mr. Malek. 7. PUBLIC HEARING. FINAL ACTION - None. The following item was moved from New Business. 94.073/ A. Schedule Public Hearing for Vickers Grove 91.138/ Sandmining Special Use Permit - Request to Expand 90.116 Existing Sandmine and Modify Preliminary Plat (Director of Community Development Transmittal dated 2/16/94) Warren Dill, legal counsel for the applicant, expressed concern for the necessity for special use permit process. 2 Regular City Council Meeting February 23, 1994 Page Three The City Attorney responded, noting that he had been advised that the request is to expand the area in which the sandmining would take place and the Director of Community Development added that the request is for an area not previously approved for sandmining. It was the consensus of City Council to schedule the hearing for a special meeting on March 16, 1994 at 7:00 p.m. The City Attorney said if Mr. Dill can show him that the procedure is not necessary, he would not be averse to changing his opinion. The Director of Community Development said the modification to the preliminary plat had been before Planning and Zoning, will come before City Council and that both procedures can be addressed on the same night. 8. ITEMS CARRIED FORWARD FROM 2/9/94 REGULAR MEETING 94.058 A. Introduction of New Business from the Public - Herbert Sturm, 549 Saunders Street. Sebastian - Lack of Response from Council (Sian -up Sheet Mr. Sturm referred to twenty-eight questions he had previously submitted to City Council relative to Code Enforcement Board and attorney procedures. 9. CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will -be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 2/4/94 Special Meeting, 2/5/94 Special Meeting, 2/9/94 Special and Regular Meetings 3 Special City Council Meeting March 16, 1994 Page Two 4. PUBLIC HEARING 94.073 A. Vickers Grove Subdivision = 11 Sandminina Special Use Permit Request and aj Major Modification to Preliminary Subdivision (Director of Community Development Transmittal dated 3/4/T4, Application, Plans Under Separate Cover Mayor Firtion announced that the portion of the hearing on major modification to preliminary subdivision has been continued to April 20, 1994. (see staff memo attached) Mayor Firtion opened the public hearing at 7:05 p.m. The City Attorney advised on procedures for the quasi-judicial hearing, and then asked all parties interested in testifying to stand and proceeded to swear them in. (see sign-up sheet attached) Warren Dill, legal counsel for applicant Dr. Henry Fischer addressed City Council, stating that the application for special use permit had been filed - under protest, reasons for which were detailed in a letter to the Director of Community Development dated March 14, 1994 (see attached), said the applicant agrees, if the permit is approved, that he is forever bound to the City's regulations on mining and excavation, however, if the use is denied he reserves the right to challenge the City's requirement for compliance with those regulations. The Director of Community Development said staff was comfortable bringing this application to City Council. The City Attorney further explained that the applicant's position was based on the fact that the sandmining operation was in effect prior to annexation, recommended that City Council accept the applicant's offer in the best interest of the City and inquired whether the City Council is amenable to the offer. MOTION by Oberbeck/Freeland I would move that we accept the offer of Mr. Fischer with regard to the sandmining operation at the Vickers Grove subdivision, the offer pertaining to our Land Development Code and land use. 2 Special City Council Meeting March 16, 1994 Page Three ROLL CALL: Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 4-1 (Corum - nay) Mr. Dill offered his letter to Mr. Cooper for City Council review. The City Clerk noted that staff had been unable to submit it to City Council prior to the hearing due to the hearing's quasi-judicial nature. Mr. Dill made an opening statement on behalf of the applicant, urging approval of the application. Randy Mosby, Mosby and Associates, Vero Beach, testified on behalf of the applicant. TAPE I - SIDE II (7:33 p.m.) Mr. Mosby's testimony continued. He submitted the following exhibits: construction drawings (Exhibit 1); findings of fact from Resolution No. R-88-19 (Exhibit 2); findings of fact from R-90-19 (Exhibit 3); and St. John's River Water Management District permit dated November 9, 1993 (Exhibit 4). Mr. Oberbeck was excused from 7:45 p.m. to 7:46 p.m. Mr. Mosby's testimony continued. He stated that this was the last time a request for a sandmining extension for this area will come before City Council. Mr. Mosby submitted further exhibits as follows: 20A-3.5 of the Land Development Code regarding RM -8 conditional uses (Exhibit 5); Section 20A-3.14 regarding Industrial permitted uses (Exhibit 6); Section 20A-5.20 regarding excavation and mining, Section 20A-5.29 water management standards, Section 20A-5.30 regarding operating conditions of mining, Section 20A-5.36 regarding duration and completion of permits (Exhibit 7). 3 Special City Council Meeting March 16, 1994 Page Four Mr. Mosby's testimony continued. Mayor Firtion called recess at 8:04 p.m. and reconvened the meeting at 8:15 p.m. All members were present. The City Attorney inquired whether anyone sworn in intended to cross-examine Mr. Mosby at this time. All but Mr. Metcalf declined. TAPE II - SIDE I (8:17 p.m.) Mr. Mosby testified in response to George Metcalf relative to water quality tests. Mr. Mosby testified in response to Mrs. Corum stating that the existing lake is 65.2 acres, and the operation will increase by 45%; discussed the lake depth; and said for the record, the hours of operation are stated on the drawings and are the same as for previous mining permits. Charles Cramer testified on behalf of the applicant, stating that only four new building permits have been issued since May 1990 in a 1/4 mile radius of the subject property, read a letter dated March 5, 1994 from John Sykes, 222 Caprol Lane and submitted it to the City Clerk (Exhibit 8). The City Attorney inquired whether anyone wished to ask any questions of Mr. Kramer. In response to Mrs. Corum, Mr. Kramer testified that he was a Supervisor for Henry Fischer and Sons. Abe IG7eitman, 1417 Alpha Court, West Palm Beach, Florida, registered professional hydrologist, testified on behalf of the applicant, citing satisfactory results and conclusions of study of the possible adverse impacts on groundwater. Mr. Kreitman testified in response to Victor Williams. TAPE II - SIDE II (8:50 p.m.) 4 Special City Council Meeting March 16, 1994 Page Five All others in the audience declined the opportunity to ask questions of Mr. Kreitman. Mr. Kreitman testified in response to Mr. Freeland and Mrs. Corum, relative to monitoring for groundwater saltwater intrusion; in response to Mayor Firtion as to how the sandmine operation will add to the groundwater level; in response to Mrs. Corum relative to insignificant run-off into the lake and discussed a principle known as the Hygben-Gertzberg relationship pertaining to water density. Mr. Oberbeck was excused from 9:13 p.m. to 9:15 p.m. Mr. Kreitman's testimony continued. Mayor Firtion called recess at 9:15 p.m. and reconvened the meeting at 9:25 p.m. All members were present. Victor Williams, 358 Concord Avenue, Sebastian, testified relative to lack of traffic on Concord and extension of the sandmine east and west. TAPE III - SIDE I (9:33 p.m.) George Metcalf, 425 Pine Street, Sebastian, testified relative to decrease of tax base due to elimination of acreage and alleged violation of FS 163 Part Two by the elimination of all multi -family and some industrial. Mr. Metcalf testified in response to Mr. Dill, stating he had no written documentation regarding assessments, and quoting from a Press Journal article dated November 2nd relative to a comment by James Frazee, Chief Hydrogolist for St. John's. Mr. Metcalf submitted two photographs dated 1991 and December 7, 1993. Mr. Dill objected to submittal of the photographs as evidence without further information. Bruce Cooper, Director of Community Development submitted a memo from Planning and Zoning dated March 4, 1994 recommending approval of the special use permit (Exhibit 9); said he had been in contact with 5 Special City Council Meeting March 16, 1994 Page Six the state relative to the Comprehensive Land Use Plan and stated that city is in compliance, submitting the computations for multi -family (Exhibits 10 and 11); and distributed a recommendation from him dated March 16, 1994 (see attached). The Director of Community Development said staff has no objection to Saturday operation 7 a.m. to 5 p.m. as the applicant has requested. Mr. Cooper testified in response to Victor Williams, 358 Concord Avenue, Sebastian, relative to Concord Avenue right-of-way. TAPE III - SIDE II (10:02 p.m.) Mr. Cooper testified in response to Fred Mensing, about how the 7 to 5 operation deadline can be amended in case of emergency need for sand. Mr. Cooper testified in response to Mrs. Corum regarding to reduction of the tax base, not a relevant issue in accordance with the City Attorney's opinion. Mr. Cooper provided three original letters of no objection received in response to letters sent to surrounding property owners (see attached). Dr. Henry Fischer gave closing comments relative to reduced need for multi -family housing and urged approval of the special use permit. Mrs.'Corum inquired what will happen to the lake when the subdivision is completed. Dr. Fischer said he had no objections to staff conditions. Mayor Firtion closed the hearing at 10:15 p.m. 1a Special City Council Meeting March 16, 1994 Page Seven MOTION by Oberbeck/forum I would move that we approve the special use permit for Vickers Grove sandmining subject to the applicant meeting the requirements in Mr. Cooper's letter of 3/16/94 and continue the public hearing on the portion regarding the major modification to the preliminary subdivision until April 20, 1994 and to allow Saturday operations until such time as the City Council in sole discretion determines that Saturday operations constitutes a nuisance to the neighborhood. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - nay MOTION CARRIED 4-1 (forum - nay) The City Attorney advised that a resolution to issue the special use permit will be drafted and brought back to City Council. Being no further business, Mayor Firtion adjourned the Special Meeting at 10:20 p.m. A ved at the -)Yj an< -Q., a3A."Q , 1994, City Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Special City Council Meeting April 20, 1994 Page Two 4. SPECIAL MEETING ITEMS 94.073 A. Vickers Grove Subdivision - major Modification to Preliminary Plat = Continuation of 3/16/94 Hearing (Utilities Director Transmittal dated 4/14/94) Mayor Firtion opened the public hearing on major modification to preliminary plat for Vickers Grove Subdivision at 7:04 p.m. The City Manager requested that the hearing be continued to May 18, 1994. MOTION by Oberbeck/Freeland I would move to continue the meeting for the Vickers Grove Subdivision to May 18, 1994. Mayor Firtion closed the hearing at 7:05 p.m. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 94.112 B. Bid Award - Lightning Protection for Police Department (City Engineer Transmittal dated 4/14/94. Bid Tabulation. City Engineer Memo dated 4/14/94. Excerpt NFPA78) The City Manager recommended approval and noted that the dity Engineer and Chief of Police were present to answer questions. MOTION by Damp/Oberbeck I make a motion that we approve the lightning protection installation to Premier Light(n)ing for $7,160. City Council discussion followed. 9 Special City Council Meeting May 18, 1994 Page Two PUBLIC HEARING 94.073 A. Vickers Grove Subdivision - Major Modification to Preliminary Subdivision Plat (Director of Community Development Transmittal dated 5/12/94) Mayor Firtion opened the public hearing at 7:04 p.m. The Director of Community Development reiterated his recommendation as submitted in the agenda packet (see attached), reported the plat had been changed at the request of staff members relative to utility matters, however, that the applicant had resubmitted original plans on May 16, 1994. In response to the City Attorney, the Director of Community Development listed deficiencies in the plat. Attorney Warren Dill, representing applicant Henry Fischer, noted that the plans were redesigned at the request of the Utilities Director, and have now been resubmitted in original form, less the cul-de-sac and certain lots eliminated by the sandmine, to expedite approval and to alleviate additional cost to the applicant. He requested approval subject to submittal of construction drawings prior to any development. The Director of Community Development inquired whether City Council is willing to tentatively approve without construction drawings. City Council discussion followed on the provision in the Land Development Code for submittal of construction drawings prior to preliminary plat approval. The City Attorney said there is enough leniency in the Code to allow City Council to get around the language until such time as the language is amended. Attorney Dill requested that approval be given with two conditions: 1) that all technical requirements of the Code are met and 2) subject to providing necessary construction drawings prior to construction and final plat approval. w Special City Council Meeting May 18, 1994 Page Three The Director of Community Development noted that the preliminary plat must be brought back and approved in the form of a resolution. MOTION by Oberbeck/Damp I would move for preliminary approval of the plat as submitted for Vickers Grove Subdivision subject to the applicant meeting all technical requirements of our Code and subject to a submittal of final construction drawings prior to construction and final plat approval. City Council members reviewed the preliminary plat. Mr. Oberbeck was excused from 7:32 p.m. to 7:35 p.m. George Metcalf and Fred Mensing had signed to speak but declined when called upon. Mayor Firtion closed the public hearing at 7:34 p.m. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 MOTION by Oberbeck/Freeland I would like to request at this time that Council direct the City Attorney to prepare an amendment to the Code to correct the situation with regard to the -construction drawings with preliminary plats. I make that a motion. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 It was the consensus of City Council to conduct the joint workshop with Planning and Zoning on the tree protection ordinance on Monday, May 23, 1994 at 7:00 p.m. 3 City Council Workshop July R-111994 Page Four 94.073 C. Proposed Resolution No. R-94-25 - Vickers Grove Sandmining Special Use Permit (Director of Community Development Transmittal dated 6/30/94, R-94-25, Dill Letter dated 5/24/94, Torpy Letter dated 6/22/94) Charles Cramer, Fischer & Sons, Inc., suggested amendment to Section 2 - Subsections A and F of the proposed Resolution. The Assistant City Attorney responded that amendment to F would create an additional burden to the City by requiring a public hearing and suggested only a minor amendment to language in A to prevent future Councils from maliciously amending City regulations to affect this use. It was the consensus of City Council to direct the City Attorney to work with Attorney Dill to amend A and bring the resolution back. 94.183 D. Planning and Zoning Commission Recommendation Re: Setbacks for Corner Lots (Director of Community Development Transmittal dated 6/9/94. P & Z Memo dated 6/9194, Map, Excerpt LDC The Director of Community Development reiterated the recommendation of Planning and Zoning. After some discussion, it was the consensus of City Council to leave the language as it is in the Code. 94.184 E. Statewide Mutual Aid Agreement (City Manager Transmittal dated 6/27/94, Wright Letter dated 6420/94, DCA Memo dated 5/2/94. Agreement) The City Manager said the purpose of the agreement is to lay the groundwork for state assistance for disaster recovery. He further inquired, on behalf of Animal Control, whether they could utilize a fenced area in the City to shelter stray animals in the event of a disaster. City Council concurred with Animal Control's request, directed the City Manager to act as representative and complete the agreement and directed the City Clerk's office to prepare the appropriate resolution, to be approved by the City Attorney, to accept the terms and conditions of the agreement. Regular City Council Meeting February 8, 1995 Page Three 95.035/ C. RESOLUTION NO. R-95-06 - Vickers Grove 94.073 Subdivision Preliminary Plat (Director of Community Development Transmittal dated 2/1/95, R-95-06) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY SUBDIVISION PLAT FOR AN AREA KNOWN AS VICKERS GROVE SUBDIVISION; PROVIDING CONDITIONS FOR SUCH APPROVAL; PROVIDING AN EXPIRATION DATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF THE RESOLUTION. 95.036/ D. Bid Award - Trash Hauling and Disposal - City 94.295 Vegetation - Henry Fischer and Sons, Inc. - $4.49 CY (Engineering/Public Works Transmittal dated 2/1/95, Bid Tabulation, Bid Documents) 95.037 E. Carolyn Frey - Specimen Tree Removal Request - one 26" Pine - Lot 25, Block 61, Sebastian Highlands Unit 2 (Director of Community Development Transmittal dated 1/19/95, Application and Plot Plan) The City Manager read the consent agenda. The City Attorney read titles for Resolution Nos. R-95-05 and R-95-06. Vice Mayor Corum removed item C. MOTION by Oberbeck/Freeland I move to approve items A, B, D, and E. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 Item C Vice Mayor Corum inquired about the requirement for sidewalks, to which the Director of Community Development responded that he will review previous approvals and the Code for sidewalk requirement criteria. 3 I Regular City Council Meeting February 8, 1995 Page Four Discussion continued on the expansion of the sandmining area resulting in removal of the multi- family lots and some industrial; requirementS for recreational space and drainage; and utility connection. MOTION by Corum/Oberbeck I move approval of item C of the consent agenda. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 10. PRESENTATIONS None. 11. COMMITTEE REPORTS/RECOMMENDATIONS None. 12. OLD BIISINESS None. 13. NEW BIISINESS 95.028 A. ORDINANCE NO. 0-95-01 - Tree Protection (Director of Community Development Transmittal dated 2/2/95, 0-95-01) 1st Reading, Set Public Hearing 2/22/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XIV OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING TO TREE PROTECTION, BY DELETING THE EXISTING ARTICLE IN ITS ENTIRETY; PROVIDING DEFINITIONS; PROVIDING FOR THE APPOINTMENT OF AN ENVIRONMENTAL ADMINISTRATOR; REQUIRING PERMITS FOR REMOVAL OF CERTAIN TREES; REQUIRING SITE PLANS; PROVIDING FOR PENALTIES; ESTABLISHING REQUIREMENTS FOR PERMITS; ESTABLISHING APPLICATION PROCEDURES; PROVIDING FOR CREDITS FOR EXISTING TREES; ESTABLISHING CRITERIA FOR ISSUANCE OF PERMITS; PROVIDING FOR FORMATION OF A TREE ADVISORY BOARD; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 4 Regular City Council Meeting February 22, 1995 Page Eight A. Approval of Minutes - 2/8/95 Special and Regular Meetings 95.035/ B. RESOLUTION NO. R-95-07 - Vickers Grove Sandmining 94.073 Special Use Permit (Director of Community Development Transmittal dated 2/17/95, R-95-07) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 30.2 ACRES IN SIZE, LOCATED IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 95.039/ C. RESOLUTION NO. R-95-08 - Fey Mulch Special Use 94.189 Permit (Director of Community Development Transmittal dated 2/17/95, R-95-08) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT TO RICHARD FEY, L.I. TREE SERVICE, INC. AND DAMIEN GILLIAMS ON APPROXIMATELY 11 ACRES OF LAND; ESTABLISHING CONDITIONS FOR THE PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting February 22, 1995 Page Ten 95.042 H. American Cancer Society - Request Use of Community Center - 3/4/95 - 5 pm to 11 pm - Chili Cook -Off - A/B - Security Paid - Permittee Board of Directors (City Clerk Transmittal dated 2/6/95, Application) The City Manager read the consent agenda and the City Attorney read titles for Resolution Nos. R-95-07, R-95-08, R-95-09 and R-95-10. Vice Mayor Corum removed items B and F. Mrs. Damp removed item C. MOTION by Freeland/Oberbeck I'd move to approve items A, D, E, G and H of the consent agenda. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Item B - Resolution No. R-95-07 = Vickers Grove Sandminina Special Use Permit Vice Mayor Corum inquired about the developer's future plans for the 95 acre lake and expressed concern for loss of tax base. Vice Mayor Corum made a motion to deny but it failed for lack of a second. MOTION by Damp/Oberbeck I move to approve item B of the consent agenda. ROLL CALL: Mayor Firtion - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (forum - nay) 10 Regular City Council Meeting March 8, 1995 Page Five 95.035 C. RESOLUTION NO. R-95-16 - Vickers Grove Preliminary Plat - Amending Commencement Date (City Manager Transmittal dated 2/27/95, R-95-16) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY SUBDIVISION PLAT FOR AN AREA KNOWN AS VICKERS GROVE SUBDIVISION; PROVIDING CONDITIONS FOR SUCH APPROVAL; PROVIDING AN EXPIRATION DATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF THE RESOLUTION. 95.045 D. RESOLUTION NO. R-95-18 - Vacation of Easement (City Clerk Transmittal dated 2/28/95, R-95-18, Application, Survey, No Objection Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH THREE FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT 2, BLOCK 364, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-56A, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 95.046 E. RESOLUTION NO. R-95-19 - Vacation of Easement (City Clerk Transmittal dated 2/28/95, R-95-19, Application, Survey, No Objection Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH EIGHT FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT 7, BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-82F, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 5 Regular City Council Meeting March 8, 1995 Page Seven O. Director of Community Development - Sandmining Operation (Added to Agenda) The City Manager read the consent agenda, reiterating his comments relative to items F and I. Mr. Oberbeck removed items B, H, N. Vice Mayor Corum removed items C, D, and E. MOTION by Freeland/forum I move to approve items A, G, J, K, L, and M. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Item B - Resolution No. R-95-11 The City Manager explained assessment options in response to Mr. Oberbeck. The City Attorney read Resolution No. R-95-11 by title only. . MOTION by Oberbeck/Damp I move to approve item B of the consent agenda. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Item C = Resolution No. R-95-16 MOTION by Corum I move not to approve Resolution No. R-95-16. 7 Regular City Council Meeting March 8, 1995 Page Eight The City Attorney read Resolution No. R-95-16 by title only and Mrs. Damp seconded the motion. ROLL CALL: Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland - nay Mr. Oberbeck - nay Mayor Firtion - nay MOTION FAILED 1-4 (Damp, Freeland, Oberbeck, Firtion - nay) The City Manager noted the preliminary plat had already been approved and that this resolution merely amended the commencement date for submittal of final plat. MOTION by Oberbeck/Damp ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - nay MOTION CARRIED 4-1 Item D - Resolution No. R-95-18 Vice Mayor Corum expressed concern due to the property's proximity to the Elkcam Dam and for vacations of easement adjacent to waterways. The City Attorney read Resolution No. R-95-18 by title -only. MOTION was made by Vice Mayor Corum to disapprove the resolution, but no second was made. MOTION by Oberbeck/Freeland I move for approval of Resolution No. R-95-18. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - nay Mrs. Damp - aye MOTION CARRIED 5-0 8 Regular City Council Meeting October 9, 1996 Page Eleven 96.222/ D. Approve Eighteen Month Preliminary Plat Extension for Vi Ic rs Grove Subdivision to 95.035 Expire April 9. 1998 (Community Development Transmittal 10/2/96 Fischer & Sons Letter 9/20/96_ Site Map) The Community Development Director presented the request for an eighteen month extension and recommended approval. Mrs. Damp said she recalled that the time limit for preliminary plat approvals was to be extended to two or three years and requested this be looked into. MOTION by Cartwright/Halloran\ I move to approve an eighteen month extension of the preliminary plat for Vickers Grove Subdivision to expire April 9, 1998. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 96.223 E. Retention of Attorney Services for Existing Litigation - Citrus Utilities vs General Development Utilities and City of Sebastian - Richard E Torpy of Amundsen, Moore and To py - Authorize City Attorney to Sign on Behalf of City (City Manager Transmittal 10/2/96. 9/9/96 Hansen/Torpy Letter. 9/24/96 Torpy Letter) The City Manager recommended staying with Mr. Torpy because of his familiarity with the case and the fact that the case is nearly finished. I1 Special City Council Meeting February 19, 1997 Page Two 4. QUASI-JUDICIAL PUBLIC HEARINGS) FINAL ADOPTION 97.072 A. Conduct Quasi -Judicial Public Hearing on Sandmining Special Use Permit Application for Vickers Grove Subdivision Phase III -.Consider Adoption of Resolution No R-97-08 (Director of Community Development Director Transmittal 2/13/97 R-97-08Staff Report. Location Map. application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT AND MINING PERMIT TO DR HENRY FISCHER FOR A SAND MINE ON APPROXIMATELY 12.6 ACRES OF LAND; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-97-08 by title. Carolyn Corum, 881 Dolores Street, requested to be treated as an affected party. The City Attorney explained that in accordance with Resolution No. R-96-87 affected parties are the applicant, city staff and affected landowners entitled to notice under any statute or City ordinance, said she had spoken with Ms. Corum and advised her she could speak as an affected party only if the Council changed its resolution tonight to find that anyone adjacent is an affected party. Mr. Barnes asked if the applicant's attorney agreed, could Mrs. Corum be treated as an affected property owner to allow her to ask questions. The City Attorney concurred. Attorney Warren Dill said he did not agree with changing the resolution tonight, nor did he think it could be done tonight and stated that he was prepared to proceed. Mayor Cartwright disagreed with changing the resolution tonight and advised that Mrs. Corum could sign up under informational testimony or as a proponent or opponent, however, not as an affected landowner. Mayor Cartwright opened the public hearing at 6:13 p.m and the applicant staff and all those who intended to offer testimony were sworn in. Special City Council Meeting February 19, 1997 Page Three The Director of Community Development presented the staff report (see attached); noted that the request for 20 feet of right-of-way should actually be 10 feet; stated that the lack of a littoral zone as requested by the Land Development is an issue, however, the applicant intends to meet all requirements of St. Johns River Water Management District. In closing, he stated that staff recommends that the City Council find that the proposed sand mine will not be detrimental to the public safety, health, or welfare nor will it be injurious within the immediate vicinity in which the property is located and that the proposed use is consistent with the purpose and intent of the industrial zoning district and is similar in nature and compatible with uses allowed in the industrial zoning district. He said it is further recommended that City Council approve the application for the Vicker's Sand Mme Phase III with the following conditions: 1) Prior to commencement of operations, the applicant shall provide a verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property; 2) That the applicant dedicate 10 feet of right-of-way to the City for Concord Avenue; and 3) Prior to the commencement of operations, the applicant shall install permanent project boundary corners, with intermediate stakes at a minimum of three hundred feet and all limits of excavation shall be staked, marked and maintained with visible flags in the field, in accordance with approved plans for the permit. Mayor Cartwright asked if compliance with St. Johns Water Management District requirements was to be a condition and the Director of Community Development said he would not object to that as an additional condition and that staff receive a report. In response to Mr. Barnes, the Director of Community Development said there is an emergency access onto Concord which will be provided in the Industrial Subdivision; that the current sandmining allows mining from 7 am to 5 pm Monday through Saturday, however, Saturday operation shall cease if Council determines the operation constitutes a nuisance; explained St Johns rules relative to littoral zones. Mr. Barnes said he preferred to use requirements of the Land Development Code relative to littoral zones. The Director of Community Development went on to explain current and proposed lake depths. TAPE I - SIDE H (6:48 p.m.) In response to Mayor Cartwright, the Director of Community Development listed prior approvals for this site in 1988, 1990 and 1991. Special City Council Meeting February 19, 1997 Page Four Attorney Warren Dill, representing applicant Henry A. Fischer, requested names of individuals who had filed the five complaints with the City regarding the sandmine operation. Mr. Dill requested that the staff report and City records on this application be made a part of the record (staff report attached) and gave a brief history of the operations on this site approved by City Council three times since 1988. Randy Mosby, Mosby and Associates, engineer for the applicant's project, gave his experience and educational background and responded to questions from Mr. Dill. He described the property as presented on a Project Phasing rendering dated January 1997 and Mr. Dill requested it be entered as applicant's Exhibit 7. There were no objections. Mr. Dill then submitted a complete set of Exhibits 1 - 6 for the record. Mr. Mosby read from City of Sebastian Resolution Nos. R-88-19, R-90-19, and R-95-07 and requested they be entered as applicant's Exhibits 1, 2 and 3. At 7:11 p.m. Mayor Cartwright advised Mr. Dill that he had two minutes to complete his presentation and Mr. Dill requested an extension. It was the consensus of Council to waive the time limit. Mr. Mosby stated that St. Johns had recently extended the current mine permit for another five years. In response to Mr. Dill, Mr. Mosby read from applicant's Exhibit 4, Section 20A-3.14 of the Land Development Code "IN, Industrial District" permitted uses and said, in his opinion, a sandmine was compatible with those uses; read from applicant's Exhibit 5, Section 20A-5.19 "Excavation and mining - purpose" and responded that all conditions have been' -met except for the littoral zone, for which St. Johns has its own requirements. He said the code reflects old methods on littoral zones and noted that Harbor Point and Collier Creek were approved without littoral zones and St. Johns rules were followed. Charles Cramer, employed by applicant Henry Fischer, addressed City Council on the berm and fence system around the site; said there was no evidence of any crime on site due to lack of a fence and that a City of Sebastian police officer was living on the site. Mr. Cramer described the area of current mining to Mr. Halloran, saying that they are gradually moving south away from the residential area. 11 Special City Council Meeting February 19, 1997 Page Five In response to Mr. Barnes, Mr. Mosby said the time for completion of the proposed mine will be based on consumer demand for the product. TAPE H - SIDE I (7:35 p.m.) Mr. Mosby continued his presentation. Howard A. Geiger, 1026 Schumann Drive, Sebastian, expressed concern for a drop in the water level of Schumann Lake in the last few days and asked what will happen to the lake if the sandmine operation goes below the level of Schumann Lake. Mr. Dill began to question Mr. Geiger, however, the City Attorney advised that Mr. Dill that he may not cross-examine non -affected opponents in accordance with the City's resolution and state statutes. Mr. Dill said if Mr. Geiger stated that he has no special expertise in this area, he would let the matter drop. Herbert Sturm, 549 Saunders Street, Sebastian, also expressed concern for the depletion of Schumann Lake, reduction in taxes and inquired whether John Hill had been informed of this matter. It was noted that Mr. Sturm was not qualified as an expert witness. Howard Woodrum, Elder, Trinity Lutheran Church, 611 Schumann Drive, inquired how close the project will be to the church and asked for the definition for emergency in the use of the access to Concord. The Director of Community Development said the project was 600 feet from the church. Carolyn Corum, 881 Dolores, Sebastian, at the request of Mayor Cartwright, disclosed the names of the five or more people she was representing as follows: Carolyn Corum, Larry Corum, Corrine Van Busik, Bea Ahrend, Cindy, Michael and Kelsey Fitzpatrick. Mrs. Corum objected to the sandmining expansion citing quality of life issues such as noise and dust, the fact that it is not incidental to preparation for a subdivision; cited protection of the aquifer; requested the limitation of stockpile height and better wetting methods. Mrs. Corum requested and received an additional five minutes and requested a different hauling route and limiting the time to Monday through Friday, 7 a.m. to 5 p.m. Mayor Cartwright opened the informational testimony period at 8:15 p.m. Mr. Taracka read a letter from Cindy Fitzpatrick into the record (see attached). Special City Council Meeting February 19, 1997 Page Five Mr. Dill objected to the letter being made a part of the record, and Mayor Cartwright explained that the letter is strictly informational and closed the information period. TAPE H - SIDE II (8:22 p.m.) The Director of Community Development said he had no information that the mine was drawing water off Schumann Lake and said it was Council's decision whether or not to require a more detailed littoral zone in accordance with the Land Development Code or to yield to St. Johns' requirements. In conclusion, he said it is star's recommendation to approve as stated in the initial staff presentation. In conclusion, Warren Dill called Charles Cramer, who explained the installation of the north perimeter road was for revegetation purposes; and described the watering system to keep dust down on stockpiles. Mr. Dill said it was his belief that the five complaints made in the last ten years were probably made by the Comms and Fitzpatricks; saic. the use is consistent with the industrial district; agreed to the three recommended conditions, although, he stated, the required donation of ten feet of right-of-way is illegal and the applicant was doing it as a gratuity. Mr. Taracka said he spent time at Dolores Street residences and witnessed the sand in the homes and suggested cost effective methods which had been recommended to him by experts in the field. He said he had witnessed sand blowing from the tops of stockpiles toward those homes. In response to Mayor Cartwright, Mr. Cramer said stockpiled sand goes through a wet process, wet dredge stockpiles emit less sand than a typical citrus grove; and that if this application is denied the current sandmining operation will continue. The Director of Community Development said the code requires measures to control dust for hardrock mining only; previous approvals did not require wet down; and noted the east setback is measured from FEC right-of-way. Special City Council Meeting February 19, 1997 Page Seven The Director of Community Development said that in reworking the code on sandmining staff will be working toward duplicating St. Johns regulations to minimize conflicts; in response to Mr. Barnes, said that the code allows hours Monday through Friday 7 am to pm with a provision that Council can allow mining on Saturdays and Sundays or other times at its discretion until it determines a nuisance exists. Mr. Barnes said he would like to see the hours Monday through Friday, 7 am to 5 pm as a condition. The Director of Community Development said it would be very difficult for Code Enforcement to enforce the time since the other area of sandmining is permitted on Saturday. Mayor Cartwright called recess at 9:00 p.m. and reconvened the meeting at 9:15 p.m. All members were present. Mr. Barnes asked that as a condition of approval, staff and the applicant be required to work together to look into a better system of holding down blowing sand based on newer technology. Randy Mosby said the applicant would agree to the condition and asked for the names of the experts to which Mr. Taracka referred. Mr. Barnes and Mr. Taracka concurred to make it a condition that the applicant voluntarily work with staff and if staff determines it is not feasible to use another method it make that determination. Mr. Dill agreed to work with staff but objected to it as a condition of approval. Mr. Cramer, in response to Mrs. Damp, said the highest stockpile is 25 to 30 feet and that sand could probably not blow 1/2 mile from that site. TAPE III - SIDE I (9:25 p.m.) -- Mayor Cartwright, for the record, said she agreed with staffs interpretation of the setback line being from FEC right-of-way. There was no objection from Council. Mr. Taracka said he had checked with people to the east in mobile homes and they had the same dust. Mayor Cartwright closed the quasi-judicial hearing at 9:27 p.m. Special City Council Meeting February 19, 1997 Page Eight MOTION by Barnes/Taracka I'll make a motion to reject Resolution R-97-08 on the grounds that it is detrimental to the health and welfare of the citizens of Sebastian and is not comparable with the uses in the industrial zone and in fact removes an industrial zone. ROLL CALL: Mr. Barnes - aye Mrs. Damp - nay Mr. Halloran - nay Mr. Taracka - aye Mrs. Cartwright - nay MOTION FAILED 2-3 (Damp, Halloran and Cartwright - nay) MOTION by Damp/Cartwright I move to approve Resolution R-97-08 with correction of the ten foot right-of-way for Concord Avenue for the purpose of the sandmining permit for the project known as Vickers Grove Phase III with conditions 1, 2 and 3 and the 4th condition that the applicant comply with St. Johns River Water Management District and provide us with the necessary documentation to staff. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - nay Mrs. Cartwright - aye Mr. Barnes - nay MOTION CARRIED 3-2 (Taracka, Barnes - nay) 57.073 B. Conduct si-Judmcial Public Hearing on Preliminary Plat fQr Vickers Grove Industrial Subdivision.. Consider Adoption of - • • No. • 1 - ctor of Community Development Director Transmittal 2/13/. R-97-08- Staff Report- • Qp•i A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS VICKERS GROVE INDUSTRIAL SUBDIVISION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Special City Council Meeting February 19, 1997 Page Five The City Attorney read Resolution No. R-97-10 by title and Mayor Cartwright opened the quasi-judicial hearing at 9:32 p.m. Those who intended to offer testimony had been sworn previously. The Director of Community Development presented staff report (see attached); noted the 20 foot right-of-way donation should be 10 feet; said the access to Concord is intended for emergency use only and recommended approval. In response to Council inquiry, he said that if the City does not wish to maintain the lake in the future, it should not be accepted; said that Planning and Zoning found the cul-de-sac length acceptable as long as the emergency access existed. Warren Dill said the cul-de-sac was created by the City's refusal to allow regular use of the Concord access. In closing, the Director of Community Development recommended approval subject to the donation of ten feet of right-of-way. Mayor Cartwright closed the quasi-judicial hearing at 9:50 p.m. The Director of Community Development noted the word "industrial" needed to be added to the title of the resolution. MOTION by Halloran/Damp I move to approve Resolution R-97-10 with the inclusion of"INDUSTRIAL" in the title for Vickers Grove Industrial Subdivision and the inclusion of Section I.A. which states that the applicant would dedicate a ten foot right of way for Concord Avenue. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0