The URL can be used to link to this page

Home My WebLink About03251998ITEM NO. ROLL CALL1 Mrs. Cartwright., 1 Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ._~ ITEM NO. ROLL CALL Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright ITEM NO. ROLL CALL 3 Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger ITEM NO. ROLL CAL~ 4 Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul ITEM NO. ROLL CALL~ Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND ~AR--25-98 THU 17:48 BOARD OF COUNTY COMMISSIONERS 1840 2$th Street, Vtro Bca¢I~, Florida ~2960 Telephone: [561 ) 567,8000 March 24, 1998 Fax Note Mr. Michael J. Busha, AICP Executive Director Treasure Coast Regional Planning Council P. O. Box 1529 Palm City, Florida 34990 7671 Dear Mike: The Town of Indian River Shores was on our municipal rotation schedule as an alternate fo= this year and nexs, however, they have opted out of the rotation schedule for the p~esent time. This makes the City of Fellsmere as the alternate municipal member for 1998-1999. At their next Council meeting, they will. appoint someone to represent them and I will forward that information to you as soon as I receive it. The City of Sebastian has requested a permanent municipal voting position on the Council instead of rotating with the Other municipaligies in our county, and our Board of County Commissioners has approved their request, we are requesting that you ask the Council for approval of Sebastian's request and grant them a permanent seat. I'f the request is approved, I will prepare a new rotation schedule for our county and submit it to you. (~ce r/~y, ippin \ '%~airman JWT:aw City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 c~ FAX (561) 589-5570 SEBASTiAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 25, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTiAN, FLORIDA 2. 3. 4. Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Chaplain Frank Camillo. ROLL CALL City Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwfight Mr. Charles Neuberger Mr. Larry Paul Staff Pres~llt; City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio Regular City Council Meeting March 25, 1998 Page Two AGENDA Mi)DIFICATIONS {ADDITIONS AND/OR DI~I~ETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) rcl ROLL CALL: Mrs. Canwdght - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS 98.069 98.070 Prescatal[ion of Plaques to Hamligapped Self Evaluatio~¢ommittee Members Jghll_Kanfoush, Philip Fos[~r, and Accepting on Behalf of Edra Young He~ Husband Bob Young Mayor Sullivan presented plaques to John Kanfoush, Philip Foster and Bob Young. proclamation - April as Child Abuse Pre~ellljQrt Month - Mickey Wtl. w~r Accepting on Behalf 9f Yellow Umlprolla, Exchange Club Cenl;¢r Mayor Sullivan read and presented the proclamation to Mickey Warner. ~2!TY ATTORNEY MATTERS CITY MANAGER MATTERS 98.071 98.072 CONSENT 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. Approval of Minutes - 3/4/98 Special Meeting, 3/11/98 Regular Meeting, 3/16/98 Special Meeting Resolution No. R-98-14 - Opposition to Six-Laning U.S. 1 (City Manager Transmittal 3/19/98, R-98-14) -------~'~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, OPPOSING ANY PLANNED SIX-LANING OF U.S. HIGHWAY # 1 THROUGH THE CITY OF SEBASTIAN, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Prior Approval for Reimbursement of Expenses for Vice Mayor Wininger - Institute for Elected Municipal Officials in Tampa- April 17-19, 1998 (City Clerk Transmittal 3/19/98, Conference Information) The City Manager read the consent agenda and the City Attorney read Resolution No. R-98-14 by title. MOTION by ~//V~ I move to approve items ~, ~, and C of the consent agenda. ROLL CALL; Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright MOTION CARRIED 5.0 - aye .~ aye ~']~ aye .~-j Approval of Minutes ~ 3/4/98 Special Meeting, 3/11/98 Regular Meeting, 3/16/98 Special MOTION by re3 ROLL CALL: Mr. Paul - aye Mrs. Sullivan aye Mrs. Wininger aye Mrs. Cartwfight aye Mr. Neuberger MOTION CARRIED 5-0 ay~} Meeting 98.071 MOTION CARRIED 5-0 Prior Approval for Reimbursement of Expenses for Vice Mayor Wimnger - Instittlt¢ for Elected Municipal Officials in Tampa- April 17-19. 1998 Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION by I move to rc5 ROLL CALL: 55/ MOTION CARRIED 5-0 4 10. 98.066 PUBLIC HEARiLNG Procedures~for public hearings: (R-97-21) · q~laypr Opens Hearing · ~rney Reads Ordinance or Resolution ° b,~faffPresentation · Public Input - Limit oflOMinutes Per Speaker ° StaffSummation ° Mayor Closes Hearing · Council Action Anyone ~ishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record First Public Heating of Ordin~¢:0 Nqt, 0-98-02 - Lifting Riverfront Building Moratorj, lalt - Repealing 0-97-65 (Dire~tQr of Community Development TransmittaL3/19198, 0-98-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COLINTY, FLORIDA, REPEALING ORDINANCE NO. 0-97-65, WHICH AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCES ENTITLED "ZONING PROVISIONS" BY ADDING A NEW SECTION ENTITLED "BUILDING PERMIT MORATORIIJM"; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 3/11/98, Display Ad 3/18/98, 1 st Hearing 3/25/98) The City Attorney r~adtOrdinance No. 0-98-02 by title and Mayor Sullivan opened the public heating at ,,D'~///~/ . ~ ~/~ 22: ~-' Mayor Sullivan closed the public heating at MOTION by I move to accept Ordinance No. 0-98-02 and set the second public heating for April 8, 1998. rcl ROLL CALL: Mrs. Cartwright - aye /~ Mr: Neuberger - aye x~ Mr. Paul - aye Mrs. Sullivan - aye ~ Mrs. Wininger - aye 7 MOTION CARRIED 5-0 11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Wltich is not otherwise on the agenda - sign-up required - limit often minutes for each speaker 6 12. COMMITTEE RE PORTS/RE_CQMMENDATIQ~NS OLD BUSINESS 98.075/ A 97.262 Tenlli~ program at Schlllll0am Park - IndiallRiver County Recreation (City Manager_Trimsmittal 8/98, Cailahan Letter w/Attachnmn0 MOTION by I move to authorize Indian River County to establish and staff a tennis program with indian River County Recreation personnel as proposed as soon as possible and direct the City Manager to follow up with an interlocal agreement between the City and the County, rc2 ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 98.074/ 97.180 14. ~W BUSINESS A Exxon Gas StalJoI~ at Chesser's Gap - Revised Landscape Plan (Director of Community Developmetlt Transmittal 3/18/98, Revised Land,gape Plan) MOTION by I movetg/approve the revised landscape plan for the Exxon Gas Station at Chesser's Gap. re3 ROLL CALL: Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger - aye -aye -aye -aye--.~.~/ MOTION CARRIED 5-0 98.073/ 97.199 Cost Share Agreement with Rolfe Zurstrassen (City Manager Transmittal 3/19/98,Jl/1.3/97 Agenda Trar~mittal, 9/3/97 Ageu4~.Transmittal and Minutes) ROLLCALL: MOTION by ~/? Mrs. Wininger Mrs, Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION CARRIED 5-0 - aye - aye -aye -aye - aye 9 98.O76 15. CITY COUNCIL MATTER~ A. Mayor Ruth Sullivan 1. Appointment of Council Liaj~0ns to County and Regional Committees (City Transmittal 3/18/98, Curr~Jlt Liaison List) Affordable Housing Advisory Committee (Massarelli & Bonacci) Council of Public Officials (Sullivan & Cartwright) Economic Development Council (Paul & Sullivan) Emergency Services District Advisory Committee (Vacant & Cartwright) Land Acquisition Advisory Committee (Hass) Metropolitan Planning Organization (~cant & VacY/,.9~ MPO Citizen Advisory (Harry Thomas - 93) MPO Bikepath (PW rep - 94) ,~. ~ Sebastian River Area Chamber of Commerce (Frame Treasure Coast Council of Local Governments ~ght) Treasure Coast Regional Planning Council (??? update) Indian River County Recreation (Diamond - no alternate at this time) 10 Vice Mayor Martha Wininger Mr. Chuck Neuberger · ,. '~ ,, . ~ 16. Being no fm'ther business, Mayor Sullivan adjourned the Regular Meeting at ...... . ll i City of Sebastian I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n 'FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCEl 25, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL ,4 GENDA ITEMS MA ¥ BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council - limit often minutes per speaker (R-97-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Police Chaplain Frank Camiilo 4. ROLL C3aLL " 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-2!) 6. PR~OCLAMATIO. INS, ANNOUNCEMI~NTS AND/OR PRESENTATIO3N:$ 98.069 A. Presentation of Plaques to Handicapped Self Evaluation Committee Members John Kanfoush, Philip Foster, and Accepting on Behalf of Edra Young Her Husband Bob Young 98.070 B. Proclamation - April as Child Abuse Prevention Month - Mickey Warner Accepting on Behalf of Yellow Umbrella, Exchange Club Center 1-25 98.071 27-29 98.072 31-32 98.066 33-37 10. 11. 12. L-"ITY ATTORNEY MATTERS CITY MANAGER MATTERS CONSENT AGENDA ,411itetns on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate di.~cussion of consent agenda items unless a member of CiO~ Council so requests: in which event, the item will be removed and acted upon separate~. A. Approval of Minutes - 3/4/98 Special Meeting, 3/11/98 Regular Meeting, 3/16/98 Special Meeting Resolution No. R-98-14 - Opposition to Six-Laning U.S. 1 (City Manager Transmittal 3/19/98, R-98-14) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, OPPOSINO ANY PLANNED SIX-LANINO OF U.S. HIGHWAY # 1 THROUGH THE CITY OF SEBASTIAN, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Prior Approval for Reimbursement of Expenses for Vice Mayor Wininger - Institute for Elected Municipal Officials in Tampa- April 17-19, 1998 (City Clerk Transmittal 3/19/98, Conference Information) PIfI~LIC HEARING Procedures for public hearings: (R-97-21) o Mayor Opens Hearing · Attorney Reads Ordinance or Resolution ° StaffPresentation · Public Input - Limit oflO Minutes Per Speaker StaffSummation ° Mayor Closes Hearing ° Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record First Publi~H-teafiag of Ordinan¢~ No, Q-98-02 - LiRing Riy~rfront Btlildirtg Moratori~n_- Repcalhlg 0-97-65 (Director of Community l)~yelopmcnt Trmlsmittal 3/1.9/98, 0-98-02) Ab[ ORDINAlqCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-97-65, WHICH AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCES ENTITLED "ZONING PROVISIONS" BY ADDING A NEW SECTION ENTITLED "BUILDING PERMIT MORATORIUM"; PROVIDING FOR REPEAL OF INCONSISTE/qT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 3/11/98, Display Ad 3/18/98, 1st Heating 3/25/98) INTRODUCTION OF NEW BUSINESS FRQM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE REPORT${RECOMM]~I~IDATIONS 2 13. OLD BI~SINESS 98.075/ 97.262 39-43 A Tennis Program at Schumann Park - Indian River County Recreation (City Manager Transmittal 3/18/98, Callahan Letter w/Attachmen0 14. NEW BUSINESS 98.074/ 97.180 45 A Exxon Gas Station at Chesser's Gap - Revised Landscape Plan (Director of CommUnity Development Transmittal 3/18/98, Revised Landscape Plan - Separate Cover) 98.073/ 97.199 47-65 Cost Share Agreement with Rolfe Zurstrassen (City Manager Transmittal 3/19/98, 8/13/97 Agenda Transmittal, 9/3/97 Agenda Transmittal and Minutes) 15, CITY COUNCIL MATTERS A. Mayor Ruth Sullivan 98.076 1. 6~76 Appointment of Council Liaisons to County and Regional Committees (City Clerk Transmittal 3/18/98, Current Liaison List) B. Vice Mayor Martha Wininger C. Mrs. Louise Cartwright D. Mr. ChuckNeuberger E. Mr. Larry Paul 16. ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDF_.S TO APPEAL ANY DECISiON MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEdlRING) WILL NEF~ A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCI~-F. DINGS IS MfiJ)E, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HF_M. RD. (286.0105F. S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILIT1F~ ACT (ADA), ANYONE WHO NF. RDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetings: RegularMeeting - Wednesday, April 8, 1998 ~ 7pm · RegularMeeting - Wednesday, April 22, 1998 ~ 7pm · Public Forum - Wednesday, April 29, 1998 ~ 7pm I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MINUTES SEBASTIAN CTrY COUNCIL SPECIAL MEETING WEDNESDAY, MARCH 4, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA DRAFT ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK. 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL ¢i~v Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwfight Mr. Larry Paul Mrs. Ruth Sullivan Staff Pres~nt~ City Manager, Thomas Frame Acting City AttomwL Tim Williams City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio AI~Q P.r.~sent: Tom Tempia, Solin & Associates Special City Council Meeting March 4, 1998 Page Two DRAFT PIJBLIC HEARING Procedures for public hearings: (R-97-21) · Mayor Opens Hearing · Attorney Reads Ordinance orResolution · Staff Presentation · Public Input - Limit of I 0 Minutes Per Speaker · StaffSummatton ° Mayor Closes Hearing ° CouncilAction Anyone'Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her 2Vame for the Record 98.054 First I~ading and Trail~ltlitt01 Publ[q_Iteari~gon Ordill~ce No. O-98-01 (Previously O-97-67) Comprehensive Land Use Plark~anendments (Director of Community Development Transmittal, O-98-1) I, Fourth Dra~Amendmen0 AN ORDINANCE OF THE CITY OF SEB33TIAN, INDIAN RIVER COUN'rY, FLORIDA, AI2X)PTING AMERqDMENTS TO THE crrY OF SEBASTIAN'S COMPREHENSIVE PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 7:01 p.m. and Attorney Williams read Ordinance No. O-98-01 by title only. The City Manager read a chronological history of the City's comprehensive land use plan. The Director of Community Development said previous revisions made to the amendments are listed on facing pages; and he advised that two separate parcels in the City will have to be addressed for the future land use map. He advised that three revisions to the language be made as stated on the agenda transmittal (see attached). Bob Ashcroft, 785 George Street, Sebastian, spoke relative to future ~xaffic plans. Carolyn Corem, 881 Delores Street, Sebastian, said Roger Wilburn of Department of Commurdty Affairs (DCA) had advised her on 2/5/98 that there were inconsistencies in the City's Evaluation and Appraisal Report (EAR). The City Manager explained the purpose of the EAR and Tom Tempia said the City's EAR was reviewed by DCA strictly for sufficiency, not contents, and had been found sufficient by DCA. Following some input fi.om Mrs. Corem, it was apparent she had received an old copy of the EAR and the City Manager, on behalf of staff, apologized to her. Mrs. Corum expressed concern for ~creasing the density in medium density residential to 9 units per acre in policy 1-3.2.3 (page 8). TAPE I - SIDE II (7:47 p.m.) Special City Council Meeting March 4, 1998 Page Three It was the consensus of Council to leave policy 1-3.2.3 (page 8) at 8 units per acre, but to add language on pages 2 and 3 to specifically allow no more than a duplex on specific lots. Mrs. Corum objected to the Gibson extension to the north due to incompatibility with the conservation area it would pass through. The City Manager explained that Council had specifically requested consideration for Gibson Slxeet and an avigation easement when Indian River County purchased the property. He said Indian River County cannot guarantee alignment with the existing Gibson but the City did not want the door closed on the possibility of a north/south corridor there. A lengthy discussion took place on whether a reference to the maps that were deleted with the objective that referred to policy 6-1.2 should be put back in. Mr. Tempia explained that the change in the policy makes reference moot TAPE H - SIDE I (8:35 p.m.) There was a 4-1 (Sullivan) consensus poll to leave the amendment as presented in the fourth draft with the deletion of the objective. Mayor Barnes called recess from 8:39 p.m. to 8:52 p.m. All members were present. A lengthy discussion took place on policy 6-1.2, I. relative to whether the City should regulate littoral zones by keeping language in the comprehensive plan, or by regulating it through the Land Development Code, and conforming to St. Johns River Water Management District and Department of Environrnental Protection. ' There was a 3-2 consensus (Sullivan and Barnes) to leave the amendment as presented in the fourth draft with the deletion of the paragraph b. Discussion took place on sandmining regulation. The Director of Community Development said the Land Planning Agency was working on new excavation regulations for the Land Development Code. TAPE II - SIDE II (9:35 p.m.) There was 5-0 consensus to leave the amendment regarding sandmining as presented in the fourth draft. The Director of Community Development said he will be bringing concurrency management, Land Development regulation, and zoning ordinances before Council soon. At the suggestion of Mr. Tempia, there was a consensus to put references to Table I-1 & Map I-9 back ia objective 6-1.9 fi'om the sentence beginning "Map I-9 ...... "to the end of the paragraph. He also mentioned changing the reference to I-3 to i- 1. Mrs. Sullivan requested that references to public/private partnerships and creation of public parking be stricken in policy, 1-1.2.4. Mayor Barnes said he did not see a need for a committee to do any more review on the Riverfront that Council could not do. The Director of Community Development suggested "as determined by the City Council" after the word "stud.v". The City Manager suggested changing "on-going" to Special City Council Meeting March 4, 1998 Page Four I DRAFT' I "periodic". Mm. Cartwright suggested adding "the study shall investigate actions deemed necessary by the City Council." There was a consensus to add a reference to City Council determining the need for further study, but the exact language is unclear. It was clear that references to public/private partnerships or public parking lots were not deleted. There was a 4-I (Sullivan) comus to leave "farmers markets" and "and other enclosed commercial amusements" in policy 1-2.2.5. TAPE HI - SIDE I (10:20 p.m.) At 10:30 p.m., Mayor Barnes asked for a motion to extend the meeting. MOTION by Sullivan/Tameka I would so move. ROLL CALL: Mrs. Cartwright - aye Mr. Patti - nay Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 4-1 (Paul - nay) Policy 5-1.1.2. and Policy 5-1.10.1. - "and wesf' was added after "easf' and before "of". The Director of Community Development requested direction on two lots in the north section of the City. There was consensus to make the property High Density Residential with 12 units per acre. The Director of Community~ived a consensus to make another property in the central area of the City near CR512 General Commercial. There was a consemus on Policy 2-1.3.2. to add a new bullet "1999 - Initiate Discussion with indian River County for interlocal Agreement for Vocelle/Fleming Extension" and to delete the 2000 bullet. The Director of Community Development asked for a motion to approve Ordinance No. O-98-0 I; and authorize the City Manager to send the proposed comprehensive plan amendments as amended to the DeparUncnt of Community Affairs and other state agencies for review. Mayor Barnes closed the public hearing. 4 Special City Council Meeting March 4, 1998 Page Five MOTION by Cartwfight/Taracka So moved. ROLL CALL: Mr. Taracka Mrs. Cartwdght Mr. Paul Mrs. Sullivan Mr. Barnes MOTION CARRIED 5-0 - aye - aye - aye - aye 5. Being no further business, Mayor Barnes adjourned the Special Meeting at 10:50 p.m. Approved at the 1998, Regular City Council Meeting. Walter W. Barnes Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk DRAFT City of Sebastian, Florida Subject: First reading of O-98~01, Adoption of 1997 Comprehensive Plan Amendments Agenda No. Department Origin: Communi~ment Approved for Submittal by: (1L1M) ~ Date Submitted: February 26, 1998 · ,~~.A ~.~ _ For Agenda of: MarCh 4, 1998 Exhibits: O-984)1, fourth ~aft of the proposed comprehensive plan amendments EXPENDITURE AMOUNT BUDGETED: APPROPRIATION KEQUiRED: None REQUIRED: None None SUMMARY The Local Planning Agency (the Planning and Zoning Commission) has prepared amendments to the Comprehensive Plan. The City Council has held a series of workshops to review the proposed amendmems. The amendments have been revised based on the direction of the Council. Three revisions were not included in the 4t~ draft. They are: 1. Page 1 of 39. Leave "core" in; include the CR-512 area and delete "tourism". 2. Page 9 of 39. Change January, 1998 to January 1999 in policy 1-3.3. 3. Page 10, of 39. Change "protected" to "conserved and protected". Florida Statute spells out how amendments to the comprehensive plan are to be accomplished. The LPA prepares the amendments and makes a recommendation to the City Council. The City Council holds a "transmittal public hearing" and approves the transmittal of the proposed amendments to the Department of Community Affairs. The Department reviews the amendments and issues an Objections, Recommendations, and Comments Report (the ORC Report). The City Council considers the ORC report and may revise the proposed amendments. The City Council then holds an adoption public heating. The City Council may make revisions based on the public input. The City Council then adopts the plan amendments. The City is at the transmittal phase. the required review by the state. The transmittal of the plan does not set policy, it only allows i ! ! DRAFT City of Sebastian 122~ MAIN STREET o SEBASTIAN, FLORIDA 32.~58 TELEPHONE (561) 589-5.330 a FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 11, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Chaplain Frank Camillo. ROLL City Council Present: Mayor Walter Banes Vice Mayor Richard Taracka Mrs. Louise Camvright Mr. Larry Paul Mrs. Ruth Sullivan 5taff Present: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli Chief of Police, Randy White Public Works Director, Pat Brennan Deputy City Clerk, Sally Maio Regular City Council Meeting March 1 i, 1998 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR D~LI~T. IONS) Items not on the wrftten agenda may be added only upon majority vote of City Council members (R-97-21) The City Manager requested addition of the following items! 1. Resolution No. R-98-13 Parking Restriction - West: Side of Indian River Drive Right-of-Way. Pelican Island Preservation Society - Temporary Closure of Indian River Drive Between Harrison for Pelican Island Day Vero Beach/Indian River County Recreation - Teen Street Dance in Riverview Park - 3/28/98 - Close Fellsmere Road Between Riverview Park and Cavcorp Property MOTION by Cartwright/Taracka I move to add item J, the request by Pelican Island Preservation Society to the consent agenda. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 MOTION by Cartwright/Taracka I move to add item K to the consent agenda, the request by the County Recreation Department. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - ave Mr. Barnes - aye Mr. Taracka - aye MOTION CARR/ED 5-0 2 Regular City Council Meeting March I l, 1998 Page Three MOTION by Sullivan/Taracka I would move that it be added under Old Business item 15A. (R-98-13) Mrs. Cartwfight expressed concern that there was no public notice to affected property owners. ROLL CALL: Mr. Paul - nay Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka ~ aye Mrs. Cartwright - nay MOTION CARRIED 3-2 (Paul, Cartwright - nay) 6. PROCLAMATIONS. ANNOUNCEM[F.,NTS AND/OR PIIESENTATI[ONS 98.038 A. Presentation of Plaqueto Former Tree Board MembeL.Martha Wini0ger Mayor Barnes presented a plaque to Mrs. Wininger. 98.036B7 Presentation of Plaque to Eonller Planning and Zonirlg_CommissiorL_a,nd Recreatiotl Ad,¥j~0ry_Board Member Larry Driver Mayor Barnes presented a plaque to Mr. Driver. 98.055 C. ]~roclamation- Keep Anlerica Beautiful - Pat Harris Accepting Mayor Barnes read and presented the proclamation to Alice Russell. 98.056 l~resentation by Nate MqCollum_- Emergency Warning Systems Nate McCollum, Indian River County Emergency Management, gave a brief presentation on the importance of citizens purchasing early wanting weather radios. 7. L-~ITY COUNCIL)~iATTER~ A. M~vor Walter Barnes Mayor Barnes requested information on the following: code violation on Toledo Street, whether a piece of equipment had been sunk at Vickers Grove, an ordinance relative to alarms, the Sebastian Lakes petition, correspondence objecting to the widening of U.S.I. The City Manager said he would follow up on his inquiries and bring a resolution to Council at the next regular meeting relative to the widening of US I. Mayor Barnes said he and other members of Council had been subject of ethics complaints, stating he believed them to be frivolous and political. He thanked the citizens of Sebastian for his election to office and City staffwho have been very. helpful, and said he was proud of the manv accomplishments of this Council. Regular City Council Meeting March I 1, 1998 Page Four B. Vice Mayor Richard Taracka Vice Mayor Taracka said it was announced today that FDOT will begin sidewalk along Indian River Drive in September, inquired about CAVcorp property construction, to which the City Manager responded no bids were received and the bid package will be reviewed; said he enjoyed working with residents and Council; said being a Council member is a learning experience and that he enjoyed working with staff. He said the past year was the busiest on record with 63 meetings. C, " vim_l. uise Canw ght Mrs. Cartwright requested an update on the US 1/Park Place repair and asked the City Manager to follow up; noted that eastbound traffic on CR512 tO US I is dangerous and that the City Manager working on it with Indian River County; and said school crossing guards asked that speed limit signs be placed on CR512 westbound D. Mr, Lan P. aui Mr. Paul questioned the placement of green lights in the northbound lane of US 1 at the intersection of CR512 west; and said he had been asked to say thanks to staff for a repaired drainage problem on Mainsail. E. Mrs. Ruth Sullivan TAPE I - SIDE II (7:45 p.m.) 8. CITY ATTORNEY MATrERS The City Attomey..said she had found additional information on telecommunications so that outside counsel will not be needed. 9. CITY MANAGER MATTERS The City Manager said he had provided a copy of a letter to Senators Mack and Graham regarding HR- 1534 local zoning matters provided to him by Commissioner Ken Macht. It was the consensus to direct the City Manager to prepare letters for the Mayor's signature. The City Manager said he had received a fax fxom Florida League of Cities regarding HB 3291- telecommunications. He said he will review the information and report back. 4 Regular City Council Meeting March 11, 1998 Page Five 10. CONSENT A GELN'I~c~ All items on the consent agenda are considered to be routine and will be enacted by one mogon. 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 - 2/24/98 Forum, 2/25/98 Regular Meeting 98.057 Authorize City Manager and Police Chief to Accept New COPS Grant for One Additional Police Officer (Chief Transmittal, Grant Award Notice Documents) 98.058 Appropriate $6,188.44 and Waive Procurement Policy for Purchase of an Alamo Machete Severe- Duty Boom Mower (Tractor Attachment) for Public Works in the Amount of $26,188.44 from Robinson Equipment Co., Inc. of Mires, Florida - One Year Warranty (PW Director/Purchasing Agent Transmittal 3/3/98, Brochure and Justification) 98.059/ 97.212 Appropriate $1,199 fi.om Drag Forfeiture Funds for 10% Grant Match and Waiver Normal Purchasing Procedures for Purchase of Three Video Cameras and Related Supplies from Mobile Vision, Inc. in the Amount of$11,385 (90% to Be Paid by Local Law Enforcement Block Grant) (Police Chief Transmittal 3/3/98, Quote and Grant Award) 98.060/ 97.081 Approve Extension of Bellsouth Mobility Agreement from April 1 through March 31, 1999 at a Rental Rate of $700 Per Month - Authorize City Manager to Execute (City Manager Transmittal 3/5/98, Bellsouth Letter) 98.061 Approve Use of Riverview Park by Ministerial Association for Easter Sunrise Service - April 12, 1998 - 6:30 am to 7:30 am - Use of and Placement of Bleachers - $100 Security Paid (City Manager Transmittal 3/5/98, Letter) 98.062 Approve Use of Riverview Park by Vero Beach/Indian River County Recreation Department and Sebastian River Junior Women's Club for Easter Egg Hunt - April 4, 1998 - 10 am to 11:30 am (City Manager Transmittal 3/5/98, VB/IRC Recreation Letter) 98.063 Approve Use of Riverview Park by Jim Geller for "Fun Day on Sunday" - March 22, 1998 - 9 am to 3 pm - Subject to Posting $100 Cash Bond (City Manager Transmittal 3/5/98, Announcement) 98.064 Patricia Brennan Birthday Party - Approve A/B Use in Conjunction with Use of Yacht Club on March l 1, 1998 fi.om 7 pm to I l pm - Age Verified - Security Paid (City Clerk Transmittal 3/5/98, Application) 98.067 Pelican Island Preservation Society - Temporary Closure of Indian River Drive BetWeen Harrison and Fellsmere Road Regular City Council Meeting March I I, 1998 Page Six 98.068 K. Veto Beach/Indian River County Recreation - TeeniStreet Dance in Riverview Park - 3/28/98 8 to midnight - Close Fellsmere Road Between Riverview Park and Cavcorp Property The City Manager read the consent agenda. Mrs. Sullivan removed item H; Mrs. Cartwright removed items B, C, and H; Mr. Paul removed D. MOTION by Taracka/Paul I move to approve items A, E, F, G, I, J, and K of the consent agenda. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Bames - aye Mr. Taraeka - aye MOTION CARRIED 5-0 Accept New COPS Grant for One Additional Poli~ Officer Mrs. Cartwright asked about required duties for the police officer. The Chief of Police said one officer has to be dedicated full-time to community oriented matters and that position is in place at this time. MOTION by Cartwright/Taracka I move to approve item B of the consent agenda. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye '.r,... Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 6 Regular City Council Meeting March 1 I, 1998 Page Seven Pur~ll~lse of~an Alamo Machete Severe-Du~ BqQm Mower (Troctor Atl0chmen0_for Public Works Mrs. Cartwright said the suggested motion does not include the $6,188.45 appropriation and that she will include it in her motion. The City Manager said the current long ann mower is broken; and the Public Works Director reported on the la'actors function, and said it should be received in approximately one month. Mrs. Sullivan said she would be more comfortable to add the word "emergency". Mrs. suggested "critical". MOTION by CartwrighffTaracka I move to approve item C of the consent agenda as amended. ROLL CALL: MOTION CARRIED 5-0 Mr. Barnes - aye Mr. Taracka - aye Mrs. Can'wri~t - aye Mr. Paul - aye Mrs. Sullivan - aye Purch~ of T~ Video Cameras and Related Supplies Mr. Paul asked the Chief about the certificate of availability clause. The City Manager and Chief responded that these models have been proven to be the best available; and this would be considered sole source, since this vendor is the only one that produces them. MOTION by Paul/raracka I move to accept item D of the consent agenda. ROLL CALL: MOTION CARRIED 5-0 Mr. Taracka - aye Mrs. Camvright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - ave Regular City Council Meeting March 11, 1998 Page Eight 11. 98.041 H. &l~l~rov~ Use of Riverview ?~k by Jim Geller for "Fun Day orcSunday" Council members said they would have liked more information to act on this request. MOTION by Taracka/Cartwright I move to deny. ROLL CALL: Mr. Barnes · - aye Mr. Taraeka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 PUBLIC HEARING Procedures for public hearings: (R-97-20 · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution ° StaffPresentation · Public Input - Limit oflO Minutes Per Speaker ° StaffSummation · Mayor Closes Hearing · Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting F/hen Called go to the Podium and State His/Her Name for the Record Secon. gl Reading. Public Heating.and Final 6~toptioll ~f Ordinance No. O-98-04 Sl!ar~ql Parking (l)irector of Community Development Transmitgal 3/4/98LO-98-04 as R~vis~d on Fi/-~ P,~ading) AN ORDINANCE OF THE CITY OF SEBAb'7IAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-8.3 OF TIlE LAND DEVELOPMElqT CODE ~TING- TO SHARED PARKINO BY ADDINO CONDITIONS; PROVIDINO FOR CODIFICATION; PROVIDINO FOR SEVERABILITY; PROVIDINO FOR RESOLtYrlOlq OF CONFLICTS; PROVIDING FOR AN' EFFECTIVE DATE. (lst Reading 9.2/11/98, Revised, Advertised Legal 2/14/98, Another 1 st Reading 2/25/98, Revised at First Reading, Advertised Legal 2/28/98, Heating 3/11/98) Mayor Barnes opened the public hearing at 8:05 p.m., the City Attorney read Ordinance No. 0-98- 04 by title, and the Director of Community Development gave a brief presentation. Mayor Barnes closed the public hearing at 8:07 p.m. Mrs. Camvright said she did not think the ordinance was in compliance with Les Solin's comments. 8 Regular City Council Meeting March I 1, 1998 Page Nine MOTION by Taracka/Sullivan I move to approve Ordinance O-98-04. 98.006 ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - nay Mr. Paul - nay Mas. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 3-2 (Cartwright, Paul - nay)- · Second K~ading. Public He_afijlg and Final Adoption of Ordinance No. 0-98-07 Mlll~;hirtg_ £[v, of CommtmiW Developm~t Transmittal 3/4/98, 0-98-07 as Revi~¢~l on First Reading) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN P,/VER COUNTY, FLORIDA, AMENDING THE, LAND DEVELOPMENT CODE TO ESTABLISH CRITERIA FOR THE REGULATiON OF COMMERCIAL MULCHING MACH/NES AS A SPECIAL USE PERMIT; PROVIDING FOR DEFINrl/ONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading ~11/98, Revised, Another 1st Reading Required 2/25/98, Revised at First Reading, Adva'6sed 2/28/98, Public Heating 3/11/98) The City Attorney read Ordinance No. O-98-07 by title, Mayor Barnes opened the public hearing at 8:09 p.m., and the Director of Community Development gave a brief presentation. Fred Mensing, Roseland, objected to the ordinance. Mayor Barnes closed the public heating at 8:15 p.m. Mrs. Cartwright asked that Council consider some restrictions on the machine and stockpiling, based on input from residents in the area where a mulcher is currently located. Mr. Paul ohjected to the ordinance due to its lack of regulation. The City Attorney said a special use permit conditions can be imposed. MOTION by SullivardTaracka I move to the second reading and action on Ordinance 0-98-07. ROLL CALL: Mrs. Camwight -nav Mr. Paul -nav Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 3-2 (Cam~right, Paul - nay) 9 Regular City Council Meeting March 11, 1998 Page Ten 98.019 C. ,Second ]~¢ading. Second Publi~; Hearing and Final A~ption_of Or~tinan¢¢ No. 0-98-06 Kiverfront_ Performance Ov~l'j~,v District (Direct;or of Commtmity Development Transmittal 3/4/98, O-98-06 as Revised on First Reading) AN ORDiNANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR]DA, AMENDING ~ LAND DEVELOPMENT CODE BY CREA~O DIVISION VI, PERFORMANCE OVERLAY DISTRICTS,.CREATING THE RIVERFRONT DISTRICT, STATING PURPOSE AND INTENT, PROVIDING FOR DEFINITIONS, PROVIDING FOR ADMINIS~TION, PERM1TS, PROCEDURES, WAIVERS, AND VIOLATIONS AND REMEDIES, ESTABLISHING R1VERFRONT DiSTRICT ARCHrrECTURAL CODES, ESTABLISHING RIVERFRONT DISTRICT URBAN CODE, ESTABLISHING RIVERFRONT DISTRICT LANDSCAPE CODE, ESTABLISHING RIVERFRONT DISTRICT SIGN REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIE)ING FOR AN EFFECTIVE DA TE. (Advertised Display 2/18/9 8, 1 st Reading and Heating 2/25/98, Revi~l at first Reading. Advertised Display 3/4/98, Final Hearing 3/11/98) The City Attorney read Ordinance No. 0-98-06 by title, Mayor Barnes opened the public hearing at 8:21 p.m., and the Director of Community Development gave a brief presentation. The Director of Community Development recommended an amendment as follows: Page 13 C. 1. on line 13 - add provision "When the width ora building exceeds 40 feet Planning and Zoning may approve a slope of no less than 3:12 (rise:nm)". City Council concurred. I I Mayor Barnes closed the public hearing at 8:25 p.m. MOTION by Taraeka/Cartwright I move to approve Ordinance O-98-06 as amended. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye .,-,~.. Mrs. Cartwright - aye MOTION CARRIED 5-0 Mayor Barnes called recess at 8:27 p.m. and reconvened the meeting at 8:38 p.m. All members were present. 10 I I I I I I I I I I Regular City Council Meeting March 11, 1998 Page Eleven 12. QUASI-JUDICIAL HEARING 98.O65/ A. 97.257 I~01li.er Creek Estates Sandmining Special Us~ Permit - Resolution No. R-98-1 L (Director of Community De,~elol~ment Transmittal 3/5/98, R-98-l l, Application. Staff Report. Location Map) A RESOLUTION OF THE CITY OF SEBAS~, ~ RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE PER.MIT AND MINING PERMIT TO MR. HAROLD ADAMS FOR A SAND MINE AT THE COLLIER CREEK ESTATES SUBDIVISION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR A.N EFFECTIVE DATE. Mayor Barnes opened the public hearing at 8:39 p.m., and the City Clerk read Resolution'No. R-98- 11 by title. Attorney Warren Dill, representing the applicant, gave a presentation, stating that most of the fill will be used on site, however, excess fill will have to be removed in phases TAPE II - SiDE I (8:45 p.m.) Mr. Dill submitted a document listing the applicant's recommended conditions (see attached) for approval. The Director of Community Development said he had no problems with any of the conditions. ARer review of Mr. Dill's submittal, changes to it were made as follows: Condition 1. The City Attorney suggested changing to "The mining shah be consistent with and shall be limited to the lakes shown on the construction drawings for Collier Creek Estates." City Council concurred. Condition 6. Mrs. Cartwright recommended changing "entrances" to "access points" in 6. City Council concurred. Condition"~l. It was the consensus of Council not to use Mr. Dill's suggested language in the resolution, but to go with the original language in the resolution. The City Attorney suggested "completion bond" instead "restoration bond." City Council concurred. The City Manager suggested a new condition 12: "Permit approval should be subject to an agreement between the developer and City Engineer relative to issues addressed in her memo dated March 5 and if there is any disagreement it be brought back to Council." City Council concurred. The Director of Communi ,fy Development said the mount of fill being excavated is a minimal alllOunL 11 Regular City Council Meeting March 11, 1998 Page Twelve TAPE II - SIDE II (9:30 p.m.) Mayor Barnes closed the public hearing at 9:31 p.m. The Director of Community Development recommended approval of R-98- I 1 as amended. MOTION by Taracka/Camwight I move to approve Resolution R-98-11 as amended. ROLLCALL: Mas. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright Mr. Paul - aye - aye - aye - aye - aye MOTION CARRIED 5-0 13. iNTRODUCTION OF NEW BIJ$INES$ FROM THE PUBLIC Y~Ttich is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Hany Thomas, 654 Balboa Street, Sebastian, read a prepared letter to the Editor of the Press Journal. 14. COMMITTEI~ R~ P ORTS/RECOMMEI~ATIOaN~ 98.036 Plarmiag and Zoning Commis~ion 1. Interview and Appoint Alternate Member - Unexpired Term to Expire 1/99 (City Clerk Transmittal 3/3/98, Application, Board List, Ad) City Council interviewed Kevin MacWilliam. MOTION'by Tarack0YSullivaa I move to appoint Mr. Kevin MacWilliam to the alternate member position term to expire January 1999. ROLLCALL: Mr. Barnes - aye Mr, Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 12 Regular City Council Meeting March 11, 1998 Page Thirteen 98.037 98.038 lt,~gr.eation Advisory Boar4t 1. Interview and Appoint Alternate Member - Unexpired Term to Expire 12/99 (City Clerk- Transmittal 3/3/98, 4 Applications, Board List, Ad) City Council interviewed Larry Vickers, John Denise, Jr., and Gerald Berkheimer. Murray Baker was not present. MOTION by Cartwright/Taracka I move to appoint Larry Vickers to the alternate member position term to expire December 1999. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - ~e Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 IreeAd~tisory Boar~l I. Interview and Appoint Regular Member - Unexpired Term to Expire 4/99 (City Clerk Transmittal 3/3/98, Application, Board List, Ad) City Council interviewed Carl Behr, Jr. MOTION by Sullivan/Taracka I would like to move to appoint Carl Behr, Jr. to the regular member position to expire April 1999. ROLL CALL: Mrs. Cartwfight - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 13 Regular City Council Meeting March 11, 1998 Page Fourteen 15. OLD BUSINESS 98.050 A. 98.066/ 97.251 16. Resolution No. R-98-13 - Parking Restriction on West Side of Indian River Driye ICity Manager Transmittal 3/11/98, R-98-13~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, RqDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-97-68, ESTABLISHINO 'NO PARKING' (OR RESTRICTED PARKING) ARM. AS PURSUANT TO 0-97-55; PROVIDINO FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-98-13 by title only. In response to Mr. Paul, Chief White said he did not have information on problems in the subject MOTION by Taracka/Sullivan I move to approve Resolution R-98-13. ROLL CALL: Mr. Banes - aye Mr. Taracka - aye Mrs. Cartwright - nay Mr. Paul - nay Mrs. Sullivan - aye MOTION CARRIED 3-2 (Cartwright, Paul - nay) NEW BUSINESS First Reading of OrdinanceNo. O-98-O2 Lifting Riverfro~[ Moratorium - Schedulq Two Public Hearings 3/25/98 and 4/8/98 (Director_of Community DeveLopment; Transmittal 3/4198. O-9_8-02~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-97-~5, WHICH AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCES ENTITLED "ZONING PROVISIONS" BY ADDING A NEW SECTION EN-ITI~ED "BUILDING PERMIT MORATORIUM'; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance O-98-02 by title only. MOTION by Cartwright/Paul I move to accept the f~t reading of Ordinance 98-02 and set the f~rst hearing for March 25, 1998 and second for April 8, 1998. 14 Regular City Council Meeting March 11, 1998 Page Fifteen ROLL CALL: Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright MOTION CARRIED 5-0 - aye - aye - aye - ave 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:05 p.m. Approved at the ,1998, Regular City Council Meeting. Walter W. Barnes Mayor Kathom M. O'Halloran, CMC/AAE City Clerk 15 City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 u FAX (561} 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING MONDAY, MARCH 16, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Special Meeting to order at 7:00 p.m. I I I I I I The Pledge of Allegiance was recited. ROLL CALL ..,C;~y Cg~ncil Preser~ Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mi'. Larry Paul Mrs. Ruth Sullivan Mr. Charles Neuberger Mrs. Martha Wininger ~Staff Pr0~¢nt: City Manager, Thomas Frame City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio i I I I I Special City Council Meeting March 16, 1998 Page Two 9~.022 4. EI~ECTION MATTERS (City Clerk Transmittal 3/11/98, R-98-12 w/attachment) RESOLUTION NO. R-98-12 - Certificate of Canvassing Board A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, P£RTAININO TO THE MUNICIPAL ELEC~rlON; PRO'v'IDING FOR CANVASSING OF ELECTION RETURNS; PROVIDING FOR DECLARATiON'OF RESULTS; DIP, ECeriNG THE CLERK TO ENTER TIlE RESULTS OF THE ELECTION IN THE OFFICIAL MINUTES OF THE MEETING OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF RF~OL~ONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Clerk read Resolution No. R-98-12 by title. MOTION by Sullivan/Cartwfight I would move adoption of Resolution R-98-12. ROLL CALL: Mrs. Cartwdght - aye Mr. Paul - aye Mr. Taracka - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 Presentation of Plaqoes to Mayor Walter Barn.cs and Vice Mayor Richard Taracka by Ci_ty Manager The City Manager presented plaques to Mayor Walter Barnes and Vice Mayor Richard Taracka. ~tves~j~'.~ of Ncnb, Elec~ed:l 0ffj~;i~ls by City Clerk The City Cl.~rk swor~ in newly elected City Council Members Martha Winingcr and Chuck Neubcrgcr, who then took their places at the dais. Mr. Barnes and Mr. Taracka left the dais at this time and the gavel was handed over to senior Councilmember, Mrs. Cartwright. Elecfi~ of Mayor Mrs. Cartwright welcomed the new Council members and called for nominations for Mayor. Mrs. Wininger nominated Mrs. Sullivan; and, there being no other nominations, Mrs. Sullivan was elected Mayor and handed the gavel. Election. 9[Vice Mayor Mayor Sullivan called for nominations for Vice Mayor. Mr. Neuberger nominated Mrs. Wininger; and, there being no other nominations, Mrs. Wininger was elected Vice Mayor. 2 Special City Council Me~ting F' ~ March 16, 1998 ko Page Two Mayor Sullivan wished everyone a happy St. Patrick's Day and announced the St. Sebastian Church Las Vegas night fundraiser, the Kroegel house fundraiser in Riverview Park sponsored by Jane Castle. She then called for a motion to adjourn. MOTION by Wininger/Cartwright I move to adjourn. VOICE VOTE on the motion carried 5-0. 5. Being no further business, Mayor Sullivan adjourned the' meeting at 7:15 p.m. Approved at the ,1998, Regular City Council Meeting. Ruth Sullivan Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I I I I I i I I I I I I i Subject: Resolution in Opposition to 6-Laning U.S. 1 Approved for Submittal by: City Manager Exhibits: · Proposed Resolution No. R-98-14 City of Sebastian, Florida Agenda No. ~f.0q/ Department Origin: City Manager Date Submitted' March 19, 1998 For Agenda of: March 25, 1998 EXPENDITURE REQUIRED: $0 IAMOUNT BUDGETED: $0 IAPPROPRIATION REQUIRED: $0 SUMlVlARY STATEMENT As requested by the Council, attached is a proposed resolution in opposition to six laning of U.S. 1 through the City of Sebastian. RECOMMENDED ACTION Approve Resolution No. R-98-14. RESOLUTION NO. R-98-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, OPPOSiNG ANY PLANNED SIX- LANING OF U.S. FIIGHWAY #1 THROUGH THE CITY OF SEBASTIAN, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian has invested significant time, effort and citizen involvement in the development of a plan for the area of the City lying between the Florida East Coast Railroad and the Indian River Lagoon; and WHEREAS, that plan calls for a theme known as an "Old Florida Fishing Village" to be established; and WHEREAS, that plan has called for the establishment of design standards; and WHEREAS, it is the belief of the public and the Sebastian City Council, that a six (6) lane configuration of U.S. Highway ti 1 would not be consistent with the plan for the defined area; NOW, TItEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida that it hereby expresses the City's opposition to such planned future six- laning through the City, due to its deleterious impact on both the proposed community design for that area and the impact on that portion of the community in general. SECTION 1. It is the opinion and feeling of the City Council that such improvement will critically tear the seams of an historical area for which a theme of"Old Florida Fishing Village" has been adopted. SECTION 2. That the City Manager be directed to forward copies of this Resolution to the Florida Department of Transportation, the Indian River County Metropolitan Planning Organization and to the Indian River County, Board of County Commissioners. SECTION 3. This resolution shall take effect immediately upon passage. The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member and upon being put to a vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha S. Wininger Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this ,1998. day of CITY OF SEBASTIAN, FLORIDA By: Ruth Sullivan, Mayor ATTEST: Kathryn M. O~Ialloran, CMC/A~ City Clerk (Seal) Approved as to Form and Content: Valerie F. Settles, City Attorney I I Subject: Prior Approval for Reimbursement of Expenses for Vice Mayor Wininger - Imtitute for Elected Municipal Officials in Tampa- April 17-19, 1998 Exhibits: Conference InfoYmation Expenditure Required: $90 Conference Registration Travel Expenses to be Determined City of Sebastian 122~ Main Street $ebaafian, Hot'ida $29~8 Telephone (361) FAX (361) $$9-~570 Agenda No. Department Origin: City Clerk Date Submitted: 3/19/98 For Agenda of: 3/25/98 Amount Budgeted: Education - $1000 Travel - $1185.68 SUMMARY Appropriation Required: N/A Vice Mayor Wininger wishes to attend the Institute for Elected Municipal Officials sponsored by the Florida Institute of Government in Tampa, Florida on April 17-19, 1998. Section 2-34 of the Code of Ordinances requires prior approval of the City Council for reimbursement of expenses, subject to limitations set by the State, which will be incurred in connection with attendance at a conference or function a City Council member attends on behalf of the City. F£COMMI~ID£D ACTION Approve reimbursement of expenses incurred by Vice Mayor Wininger for her attendance at the Institute for Elected Municipal Officials in Tampa, Florida on April 17-19, 1998 in accordance with State limitations. Institute for Elected Municipal OfficiaLs April 17-19,1998 Traps Friday, April 17 8:00 am - 8:30 am 8:30 am - 9:00 am 9:00 am - 12:00 noon 1:2:00 noon - 1:30 pm 1:30 pm - 4'.30 pm Satnrdnv. Al~r[1 13 8:~0 am - I1:~0 am 11:30 am - 1:00 pm 1:00 pm - 4:00 pm Sunday. Aorll 19 8:30 nm - 10:00 nm 10:00 nm - 12:00 noon 12:00 noon - I:00 pm 1:00 pm- $:00 pm R~str~fion Intr~ducfiom Strne~ur~ nd l:~nctiom of Munletpnl Government in Florida Lynn Tlpton, Assistant to th~ Executive Dire~r :: Florida Imgne of Citie~ Gr~up Luch and Othe~ Sources ofl~wenue LTnn Tlpinn ~ofida Leakme of Cities Lunch on your own Budgeting xud Accounting George ]hldwln, Project Consultnnt Florld~ Institute of Government Intergovernmentnl Challenges Lynn Tlpton ~lorida l. eag~e of Cities Ethics: Understnndlng Government in the SunAhine John Hubbard, Attorney Frnzer, Hubbard, Brnndt & Trnsk Dunedin Lunch on your own Conflict: ~fow to eomply with Open Meetings and Open Re~ords Laws Dnvid Coffey, Attorn~ Coffey, T~lmnn & Kallshmnz Gnlne~dlle ..... City of Sebastian, Florida Subject: First Public Hearing - 0-98-02, Lifting of Riverfront Building Moratorium. Approved for Submittal by: Exhibits: 0-98-02 EXPENDITURE REQUIRED.: None Agenda No. Department Origin: Community Development (m v0 9 Date Submitted: March 19, 1998 For Agenda of: March 25, 1998 AMOUNT BUDGETED: APPROPRIATION None REQUIRED: None SUMMARY On March 11, 1998, the City Council held the first reading of ordinance O-98-02, liffing the Riverfront building moratorium. The ordinance requires two public hearings. The first is scheduled for March 25 and the second for April 8, 1998. RECOMMENDED ACTION Hold the on ordinance O-98-02. ORDINANCE NO. 0-~8-0~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-97-65, WHICH AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCES ENTITLED "ZONING PROVISIONS" BY ADDING A NEW SECTION ENTITLED "BUILDING PERMiT MORATORIUM"; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida ("City Council") has received and accepted a study entitled "Riverfront Plan" from an advisory committee established to make recommendations concerning the future development of an area within the City known as the "Riverfront Area", as described and illustrated in Exhibit "A" which is attached hereto and incorporated herein by this reference; and WHEREAS, the City significantly amended its local government comprehensive plan and its land development regulations and to address the recommendations of the advisory committee; and WHEREAS, the City Council enacted a six month moratorium while the major revisions to the City's compreh.e._n_sive plan amendments and the land development code amendments were being established; and WHEREAS, the City has held a transmittal hearing on its comprehensive plan amendments and has found that the building permit moratorium is no longer needed; WHEREAS, this amendment to the City's land development regulations is made in conformity with the requirements of Florida Statutes Section 166.041 (c) relating to changes to a municipal land development code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: Section 1: The following section of Chapter 20A of the City's Code of Ordinances is hereby deleted. Sec. 20A-3.17. Riveifront A~ea Building Pemfit Moratorium. (a) In order to allow for the comide, ation of major amendments of the City's ~omprehensive Plan an~ Land Development R~lations wtfich will pro,de ~r the ~m~e of the ~v;~rmnt ~e~ a buiMing nmratofium is hereby establish~ ~t~n the ~ve, fiont ~eg mm pan~u~ly demribed as that area witlfin the City l~ing between the F~fida East Corn R~koad ~d the tndima ~ver Lagoo& north of the muth one h~ ff S~tion 7, Tomslfip 31 Sout~ ~nge 39 East. No a~fiea~for Ci~ plat' appro~, site plma appmvfl, or other action having the eff~t of appmdng development, as defin~ in 38~. F.S., Mthn the ~veffmnt ~ea shall be accepted by ~e ~itydufing the term oftNs mo, a~dum. (b) The Riverfiont Area building pe, nfit aroratofiu,n shall be in effect for x perked of six months rtom the effective date of this ordinance, unless funhere~tended'by action of the City Council. Section 2. All Ordinances or pans of Ordinances in conflict with the provisions of this Ordinance are hereby superseded to the extent of such conflict. Section 3. If any section, provision, clause, phrase, or application of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, the remaining provisions of this Ordinance shall be deemed severable therefrom and construed as reasonable and necessary to achieve the lawful purposes of this Ordinance. Section 4. This Ordinance shall go into effect immediately. shall be The foregoing Ordinance was moved for adoption by The motion was seconded by Coucilmember and, upon being put to a vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise R. Cartwright Councilmember Charles Neuberger Councilmember Larry Paul The Mayor thereupon declared this Ordinance duly passed and adopted this ,1998. CITY OF SEBASTIAN, FLORIDA By: Ruth Sullivan, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Councilmember day of Valerie Settles, City Attorney EXHIBIT "A" city Sebastian t4 \ ALL THAT PORTION OF THE INCORPORATED CITY OF SEBASTIAN, FLORIDA LYING EAST OF THE FLOR.1Z)A EAST COAST RAILROAD AND NORTH OF THE SOUTH ONE HALF OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, ALL LYING IN INDIAN RIVER COUNTY, FLORIDA I City of Sebastian 1225 MAIN STREET L~ SEBASTIAN, FLORIDA 32958 City of Sebastian, Florida Subject: Tennis Program at Schumann Park Agenda No. ~- ~) Approved for Submittal by: Department Origin: Publie_/~k~irectOrpatrfck~re~uan City Manager/Asst. to City Mgr./Purchasing Paul Wagner Date Submitted: 3/18/98 For Agenda of: 3/25/98 Exhibits: Ltr. to city Mgr. from Patricia Callaha'n, Director Vero Beach/Indian River County Recreation Dept. EXPENDITURE REQU-1llED: 0 AMOUNT BUDGETED:0 SUMMARY APPROPRIATION REQUIRED: 0 Users of the new Tennis Courts at Schumann Park have made City Staff aware of problems of vandalism and potential damage to the Tennis Court surfaces from the use of skateboards, inline skates, etc. The Indian River County Recreation Department has offered to establish and staff a tennis program at Schumann Park (letter attached). The City of Sebastian Recreation Advisory Committee passed a motion unanimously to recommend to City Council approval of the County's offer to supply a person to staff the Tennis Courts. With the program in place vandalism and or inappropriate use of the courts will be minimized RECOM3IENDED ACTION Authorize Indian River County to establish and staff a tennis program with Indian River County Recreation personnel as proposed as soon as possible and direct the City Manager to follow up with an inter-local agreement between the City and the County.. Vero Beach/Indian River County Recreation Department 1725 - 17th Avenue Veto Beach, Florida 32960 Patricia A. Callahan Director Pegi j. Wilkes Manager of Leisure Programs Bethel Creek House 4405 N. AlA Community Center 2266 14th Avenue Riverhouse 305 Acacia Road Bobbi Burdick Facilities Manager (561) 770-6517 (561) 567-2144 (561) 778-7496 Fax February 25t~, 1998 Beaches & Water Safety ,MO5 N. AIA Raymond Dunham Tom Adams (561) 234-8375 Gifford Park a680 43rd Court Larry Staley Supervisor (561) 567-7652 Tom Frame City Manager of Sebastian Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 Dear Mr. Frame, It is with great pleasure I write you regarding the tennis program at Schumann Park. I appreciate you meeting with the Recreation Staff and the Friendly Tennis Group on Monday. As I stated at the. meeting, the Recreation Department welcomes the oppommity to program the tennis courts with activities for all ages, having a presence at the courts seven days.a week in the mom/rigs and afternoons fill dark. I i I I I I I I I Kiwanis-Hobart Park 5350 77th Street Wabasso. FL Michael Red.stone Supervisor (561) 589-1339 Leisure Square 3705 16th Street (56 I) 770-6500 Office (561) 770-1854 Fax Riverside Racquet Complex Denise Martinelio Tennis Manager 350 Dahlia Lane (561 ) 231-4787 The Recreation Department will work hard to establish tennis' programs for the youth, for seniors, for working people, and for beginners. '~aese programs will include round robins, group beginner lessons, special events, tournaments, and a special teen program. Good programming will lead to high usage of the courts leaving little time for vandalism to occur. There will be nominal fees charged for the programs, as we do in gymnastics, baseball, etc.; however, no one will be denied the oppommity because they cannot pay. We look forward to working with you in this new recreation programming as we now enjoy serving the people of Sebastian in A S3IILE IS A GIFT YOU CAN GIVE EVERYDAY gymnastics, dance, karate, exercise, teen events and other recreation activities. You are also very fortunate to have the people of the Friendly Tennis Group. We look forward to working with them on their suggestions. Sincerely, Palricia Callahan Director Veto Beach/Indian River County Recreation Department Fran Adams, Chairman, Indian River County Parks & Recreation Jim Chandler, County Administrator, Indian River County STOP BY SCHUMANN PARK l~l SEBASTIAN This Park offers 6 tennis courts, 1 basketball court, 2 racquetball courts or handwalls and a playground for children. T~NNIS/SEBASTIAN The Friendly T~mis Club of Sebastain meets Monday through Thursday 9am-12pm at Schumann Park in Sebastian. Everyone is invited tojoin in the fun. ROUND ROBINS ..... Fridays. Balls will be provided. Fee is $2.00 per person. MENS TENNIS - Instruction and Play .... Tue~lays .... 5:30-7:30pm Fee: $3.00 Per Person WOMENS TENNIS - Instruction and Play .... Thursdays .... 5:30pm-7:30pm [:ce: $3.00 Per Person CI-Irr_DRENS TENNIS Wednesdays...4-6 year old Pizza~ennis ...7and up 8 we~k session $30.00 .... 2:30pm-3:15pm. .... 3:30pm4:30pm Morb Tut's, Thurs._4-6 ye, ar olds 7 and up 8 week session $50.00 Class x 2 w~-kly .... 4:00-4:45pm .... 5:00pm-5:OOpm Saturday.,.4-6year old.~ ...7 andup 8 week session $30.00 OPEN SUPERVL~n PLAY .... 10:00am-10:45am .... 11:00am-12:00pm .... 12:00pm-1:00pm Saturday ........ FAMILY FUN TE'NNIS Instruction, games and cold drinks Fee: $1.00 P~rson or $5.00 per Family .... 2:00pm-4:00pm Tournaments and speci~ events will be held monthly. Team clinics for men and women will be announced. I I I i I i I I I i I I I I i I I I i SCHUMANN TENNIS SUMMER CAMP Let Schumann Park be the hot spot for Summer 1998. This summer camp is open to children ages 7 and up. Camp will featur~ tennis clinics, game~, t~ts, one field trip, lunch and cold drinkz. Tennia racquets will be available if needed. Camp dates Monday through Thursday $:00am - Noon Each Camp Session is 2 weeks Sessions Begin June 8, June 22, ~Iuly 6, ~Iuly 20 Registration begins April 13~ at Leisure Square, Recreation Adminsitration Building or Kiwanis Hobart Park. Call J'ulie Kelly at 567-2144 for more information. City of Sebastian, Florida Subject: Exxon Gas Station at Chesser's Gap revised landscape plan Approved for Submittal by: EXPENDITURE REQ~D: None Agenda No. Department Origin: Community Development Date Submitted: March 18, 1998 For Agenda of.' March 25, 1998 AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Bayrock Investmem Co.'s preliminary development plan and site plan for an Exxon Gas Station at Chesser's Gap was approved on September 17, 1997 (R-97-54). The site plan provided for the preservation of several large pine trees. During the construction of the project, four pines were removed. Code enforcement action has been initiated. The staff has been working with the developer to mitigate the loss of those trees. Attached is a revised landscape plan for the site. The landscaping has been significantly enhanced. For example, the code requires the use of eight foot high trees. This plan will use ten foot high Dahoon Holly, twelve foot high Laurel Oaks, fourteen foot high slash pines, and eighteen foot high live oaks. In addition, there is extensive use of shrubs and ground covers. RECOMMENDED ACTION Approve the revised land~.ape plan for the Exxon Gas Station at Chesser's Gap. SECTION 2. APPROVAL: The City of Sebastian hereby approves a special use permit for Mr. Ronald Adamson to operate a car wash at a lot described as follows: Town of Wauregan PBS-178, northwesterly ½ of lot 23 lying east of Highway 1 as described in Official Records Book 388, Page 761. SECTION 3. CONDITIONS: The following conditions are required to secure the objectives and intent of the land development code: a. That a eight foot high ~ovaque buf~e~be constructed on the east property line and the easterly 30 feet of the north and south property lines. This -buffer can be a fence, wall or ~ if vegetation is used, it shall not minimize the landscape requirements of the site. That the site lighting shall be directed away from the residential area to the east of the subject parcel. That the architectural style of the building be completed in the "Old Florida Fishing Village" theme adopted for the riverfront area. d. That the hours of operation shall be limited to 6:00 AM to 10:00 PM. SECTION 4, SEVERABILITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION 5. CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 6. EFFECTIVE DATE: immediately upon is adoption. This Resolution shall take effect The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: 3/23/1998 ? City Of Sebastian Page: 1 2:48 pm Clerks Index for Windows Search Cross-Reference/Ke~a4ord Report ~=~ ....................................................................................... Doc. Item Action Ref. Date Ref. Code Brief Description Keywords CC 3/5/1997 97086 A RES R-97-11 ADAMSON CAR WASH SPgC U Rg$OLUTION SPECIAL USE PERMIT R-97-11 ADOPTED WITH ADDIT CONDITIONS Ret Code- File Ref # ....- ADAMSON 97086 Cont- Security Class- CAR Exp - Referred to...- WASH 1 Item~ Printed U~er ID: ~AY Subject: Cost Share Agreement with Rolfe Zurstrassen City of Sebastian, Florida Agenda No. ~-~ ~,~ Department Origin: City Manager Approved for Submittal by: City Manager ~'h Date Submitted · March 19, 1998 t4~)' . For Agenda off March 25, 1998 Exhibits: · Agenda Transmittal for August 13, 1997 Council Meeting Agenda Transmittal for September 3, 1997 Council Meeting Copy of Minutes from September 3, 1997 Council Meeting EXPENDITURE REQUIRED: [ AMOUNT BUDGETED: $0 I $0 IAPPROPRIATION REQUIRED: $0 SUMMARY STATEMENT On September 3, 1997, the City Council approve the proposed cost share agreement between the City and Mr. Rolfe Zurstrassen for $8,000 for work estimated initially to cost approximately $19,000. Subsequently, Mr., Zurstrassen refused to sign the agreement and filed suit against the City of Sebastian. In the interim, he contracted with Martin Paving to have the pipe installed at about $10,500. The case was mined over to the Florida League of Cities which represents the City in litigation. The case ultimately was dismissed. Mr. Zurstrassen contacted me concerning the payment from the City for the pipe which'he had installed. During that meeting and conversation, Mr. Zurstrassen indicated that he had filed the law suit in frustration because he could not get the city to accept what he considered to be a more cost effective type of pipe (plastic vs. concrete pipe). I explained to Mr. Zurstrassen, that based on a conversation with Mr. Michael Roper, the attorney assigned to the case by the League, indicated that he didn't feel that the City was under any obligation to pay anything if the City was so inclined not to. Additionally, Mr. Roper indicated that he had estimated about $3,000 of legal cost would be the League's cost. The decision to pay nothing or pay up to the original $8,000 is a policy matter that needs to be determined by the Council. RECOMMENDED ACTION Determine whether to pay nothing or any mount not to exceed $8,000. City of Sebastian, Florida Subject: Consideration of the Piping of Drainage Out'fall Ditch between Lots 14 and 15, Block 293, Unit 11, Sebastian Highlands Subdivision Department Origin: City Manager Date Submitted · August 8, 1997 For Agenda off August 13, 1997 Approved for Submittal by: City Manager Exhibits: IAMOUNT BUDGETED: $8,000 · EXPENDITURE REQUIRED: $8,000 Cost estimate Survey of two lots reflecting the two proposed houses and the easement of concern Location map Copies of ori!~nal data off GDC drainage plans IAPPROPRIATION REQUIRED: $8,000 SUMM.4~Y STATEMENT Recently, building permits were applied for on Lots 14 and 15, Block 293, Unit 11, Sebastian H/ghlands for Klaus and Roll Zursmssen. Both houses are the same size, approx/mately 2,700 square feet each. Their widths are such that they comply with the minimum required side yard setback of 10 feet each. Lying between the two proposed homes are two 6 foot drainage and utility easements providing for a total of 12. feet to accommodate a large drainage ouffall ditch. The orig/nal design by General Development Corporation (GDC) represented an out fall ditch typically being 1½ feet deep and 12 feet wide. xproviding for a 3:1 slope. However their actual elevation data concluded that the ditch near the ouffall at the bulkhead would be approximately 6 feet deep. A six foot deep ditch with a 3:1 slope as represented would require a minimum width of 48 feet. Instead, the end product becomes a 12 foot wide 6 foot deep ditch with side slopes of 1:1. The reality is that a ditch with a 1:1 slope cannot be maintah, ed; it will sough off over time. Considering the setbacks of the two houses, this is going to duplicate the situation Mrs. Millie Edwards brought to the individual Council Members attention. The solution to the problem is to pipe the ditch prior to the construction of the two houses. Mr. Rolf Zurstrassen contacted the City relative to the problem and has suggested some form of cost sharing between he and his brother and the City of Sebastian. The City. Engineer undertook a cost estimate to pipe the ditch. Predicated on the need to go throu~ the bulkhead and install a drop bottom catch basin, it was concluded that if any cost sharing be considered, that it only be for those portions of the project directly impacting the piping project. Those particular items are the installation of the catch basin and the work going I I I I I I I I I I I I I I i i I I I i I I I I I I I I I I through the bulkhead. Those costs are estimated at $7,750. The cost of the permit could vary between $100 and $500. The City would propose a cost share of a maximum amount not exceed $8,000 including the cost of the permit. The intent would be to enter into a funding agreement wherein, the Zurstrasseens would take the responsibility for the actual installation with the City contributing up to an amount not to exceed $8,000 including permit. The City would undertake the actual expediting of the permit with Water Management District. The estimated cost for the total project is $19,310. In this scenario, the property owners would be assuming an estimated cost of $11,310, Considering the potential liability and the potential increased costs that could occur if the ouffall ditch had to be piped after the homes were completed, it is logical to pipe the ditch now. And, since the property owner is offering to proceed under these terms, it seems that this would be a good solution to avoiding a problem in the future. RECOMME~NDED ACTION If the Council is in agreement based on the facts as outlined, move to approve the proposal such that staffwould prepare a cost share agreement for the Council Consideration at the August 27, 1997 meeting. The proposed funding source for this expenditure would be from the perimeter pipe program as reflected within the Capital Improvements Program. Catch Basin & Ctdvert Pipe ~staHation Concha Drive ~ Crowberry Lane Scope of Work: Enclose existing drainage ditch with culvert pipe and catch basin. Install drop inlet catch basin on Concha Dr. adjacent to the intersection with Crowberry Lane. Install 48" RCP from new catch basin between Lots 14 & 15 in Block 293. Install 24" CAP into catch basin along front property swale. Replace existing 30" ouffall at seawall with 48' RCP to match newly installed pipe. Estimated Costs: Permit: 40C-42 $100 (if 40C-40 is required, $500) Materials & Installation Cost: Furnish & Install 48" RCP 140 LF ~ $61.50/LF Furnish & fnstal124"CAP 60 LF ~ $25/LF Furnish & Install 48" Seawall Pipe Sleeve Drop Bottom, Type H Inlet Dewatering Compact Yfll, Top Soil & Regrade Maintenance of Traffic (MOT) $8,610 $1,500 $1,500 $4,750 $2,000 $ 500 $ 450 Total Project $19~310 Italic is City Share $7,750 I I I I I I I I I i I I .I I I I I I I Subject: Catch basin & culvert pipe agreement Concha Drive ~ Crowberry Lane. Approved for Submittal by: City Manager City of Sebastian, Florida Agenda No. qT. / q q Department Origin: City Manager/Public Works Date Submitted'August 28, 1997 For Agenda of September 3, 1997 EXPENDITURE REQUIRED: 58,000 AMOUNT BUDGETED: from capital budget APPROPRIATION REQUIRED: Approved . Exhibits: 1. Proposed catch basin & pipe installation agreement - Lots 14 & 15, Blk.293, Unit 15 SUMMARY STATEM2ENT On August 13, 1997, the Council considered a matter involving a ditch between two lots (lots 14 & 15, Blk.293, Unit 15) which would result in a significantly hazardous situation. The solution to the problem was to pipe the ditch. The total cost was estimated at approximately $19,000. The property owner(s) agreed to the installation w/th City agreeing to fund a amount not exceed $8,000. The intent is to have the property owner take responsibility for the contracting of the total installation. The City will pursue the obtaining of the requisite water management permit, the cost of which is included in the not to exceed $8,000. RECOI~hMENDED ACTION Approve the proposed agreement between Rolfe Zurstrassen (owner of lots) and the City of Sebastian. THIS AGREEMENT is entered effective this day of , made this day of , 1996, by and between the city of Sebastian, Indian River County, Florida, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter referred to as "City") and Mr. Rolfe Zurstrassen, owner of Lots. $14 and ~15, Block 293 of Unit 15 of the Sebastian .Highlands (hereinafter collectively referred to as "Owner") located on Concha Drive at Crowberrry Lane ('Property"). WH~.REAS, the Owner owns two adjacent properties as set forth in Exhibit "A" of this Agreement that contain a public utility easement which serves as a drainage outfall ("Easement"); and ~, the Owner wishes to develop the property and desires to install a culvert pipe on the Easement while the Property is being developed, thereby handling all offsite outfall drainage and allowing acceptable slopes in the front and side of the Property. WHEREAS, the City believes it is in the best interest of the citizens of Sebastian to install a culvert pipe on the easement between the Property to minimize risk exposure and economic liability; and WHEREAS, the City is responsible for a portion of the improvements since the Easement serves as a drainage outfall for the City and the Owner wishes to obtain the economic and maintenance advantage of said improvements. IT iS, THEREFORE, AGREED as follows: ~ec{tals. The above recitals are incorporated herein as I I i I I I I I I I I I I I I I I I I i I I i I I I I I I I I I if set forth in their entirety. 2. A~reeme~%, The Owner shall secure the services of a qualified contractor, experienced with storm water drainage improvement construction to perform necessary culvert pipe and Easement work. The contract shall clearly identify the following contract line items, at a minimum: a. Furnish & Install 140 lineal feet of 48" RCP b. Furnish & Install 60 lineal feet of 24" CAP c. Furnish & Install 48" Pipe Headwall d. Furnish & Install Type H FDOT Inlet e. Compact Fill, Top Soil, Regrade & Sod 3. ~h~ ~]~gD Permit, The city shall make application with SJWMD for the appropriate permit governing the installation of culvert pipe. The cost of the permit will be deducted from the City's proportionate share of the total project cost. The City shall make application within (if not before) 10 working days from the execution of this agreement. It is acknowledged that the implementation of terms of this agreement are contingent upon the receipt of a SJWMD permit and that the city does not guarantee permit issuance. 4. Ins~ctions~ The city shall inspect property and work at any time during installation. Those activities that require City review prior to proceeding with the next step are listed below. The Owner shall notify the city 48 hours prior to the following project milestones. a. Pre-construction survey. The Owner shall grade and 2 set invert elevations for pipe and inlets. The City shall review and approve these elevations prior to installation of pipes and inlet box. b. Pipe. The Owner shall install pipe and set inlet box. City shall approve final elevations of final pipe and inlet locations prior to filling and shall inspect workmanship of pipe installation. c. Final grades prior to sod installation. The City shall inspect final grades prior to sod installation and release I I I owner to sod disturbed areas. 5. ProjeCt Bud~e~ a~4 Sche4~le. The Owner shall complete the work within one hundred and twenty days following the city's acquisition of the SJWMD permit. 6. Construction of th~, proje¢%. The Owner shall be I I responsible for the control, scheduling and coordination of the overall construction activities for the Project, including control of construction progress to insure completion of the work.. The Owner will provide supervision and organization of all construction support activities at the Easement. The Owner will provide surveillance of the work to insure compliance with the plans and sPecifications. 7. Disbursements~ The city shall be responsible for the cost of the Work in an amount not to exceed eight thousand dollars ($8000) of the total cost of the Work. The Owner will maintain records of costs, payments and anticipated total cost of the Work. Upon completion of the Work, the owner shall submit a statement to I I I I i i i I I I i I i I i I i i I I i I the City which itemizes the total cost of the Work and the portion of the cost which is the responsibility of the City. The city shall pay its proportional share of the cost of the Work within thirty (30) days of the final inspection and acceptance of the Work by the City. The city shall have the absolute right to require the removal, replacement, and/or repair of any unacceptable Work, as determined by City standards. 8. "~old ~armless. The Owner shall hold harmless the City, /ts agents, and employees, from all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and description resulting from or growing out of the construction of the Work. The Owner shall indemnify and save harmless from all claims, demands, causes of action, or suits of whatever nature arising out of the labor and materials furnished by the Contractor under this contract, and from all laborers' materialmen's and mechanics' liens upon the work or upon the property upon which the Work is located arising out of the labor and materials furnished by its contractors under this contract, and shall keep the Easement free and clear of all liens, claims, and encumbrances arising from the performance of this contract. 9. ~overnin~ Law. This Agreement shall be governed by the laws of the State of Florida. I~ WIT~ESS W~R~OF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: Kathryn M.'O Halloran C~C/AAE, city Clerk THE CITY OF SEBASTIAN Title: City Manager (SEAL) Rolfe Zurstrassen By: Name: Title: Approved as to legal form and content: Valerie F. Kettles, city Attorney I I I I .I I I I I I I Regular City Council Meeting September 3, 1997 Page Eight TAPE II ~ SIDE 12. 13. 14. 97.199 97.156 II (9:35 p.m.) Mr. Smith continued. Mrs. Sullivan responded to Mr. Smith, stating that she was not opposed to the commirt~ but to the manner in which the public was treated. She said she and Mr. Smith may disagr~ on the R. iveffront Plan but that it is their right. Mayor Barnes suggested that perhaps these matters can be brought up at the September 15, 1997 Riverfront workshop. ~OMMITTEE REPQRTS/RECOMMENDATION~ - None OLD BUSINI~$S - None Busr $s At~l~rove Agreem~p.t Betw~n Rolfe Zurstrassen aod Ci~..of Seba~stian for Catch Basin and Culvext Pipe - Lots la and 15, Block 293, Unit 15 Sebastian Highlands (City M~,.,.,3ger Transmittal 8/28/97, Agveemenfl MOTION by Paui/Taracka I make a motion that we approve the proposed agreement with Rol£e Zurstrassen agenda. item 97.199 ia an amount not to exceed $8,000. ROLL CALL: Mrs. Camvright - absent Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARKIED .0 ~pl~rove First Amendment to Agreement Between St. ~'ohns River Water Management District for l)evelopment and [rnl~lementation of Surface Water Management Plan for (~itv cfi_Sebastian (Ci~, M00ager Transmitta,] 8/28/97. City ~t~.ager Letter 5/9/97L S.[RWMD Lettc~r 8125197. Proposed Ist Amendment to A~'eement) MOTION by Taracka/Paul I move to approve first amendment to agreement between St. Job. ns River Water Management District and the City. of Sebastian for development and implementation of a surfaca water management plan for ci.ty of Sebastian City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ~ FAX (561) 589-5570 October 15, 1997 Mr. John Morrison Florida Leagu~ of Cities,/nc. Public Risk Services Claims Center P.O. Box 530065 Orlando, FL 32853-0065 Re: RolfZurstrassen v. City of Sebastian Case No. 970541 CA19 To Whom It May Concern: Attached please find a copy of the above referenced complaint. Would you please advise ii'the same is covered under the Liability Agreement between the Florida League of Cities and the City of Sebastian. Sincerely, Thomas W. Frame City Manager TWF/jrnt Attached IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA 970543- Plaintiff', VS. D6fendant. :_',.' :..;" :.-'. ~ . .. $~ONS; PERSONAL SERVICE ON AN iNDIVIDUAL IMPORT~ A lawsuit has been fled against you. You have 20 calendar days alter tlfis summons is served on you to file a written response to the attached complaint/petition with the clerk of this circuit court. A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your written response on time, you may lose the case, and your wages, money,, and property may thereat~er be taken without further warning fi-om the court. There are other legal requirements. You may want to call an attorney fight away. If you do not know an attorney, youm~y call aa attorney referral service or a legal aid office (listed in the phone book). ffyou choose to file a written response yourself; at the same time You file your written response to the court you must also mail or take a copy of your writ. n response to the person named below. - IMFORTANTE I I i Usted ha sido demandado legalmente. Time veinte (20) dias, contados a partir del recibo de esta notification, para contestar la demaada adj~ta, por es~to, y presentafla ante este tribunal. Una llamada tclefonica no Io protegera. Si usted desea que el tribunal considere su defensa, debe presentar su respuesta por escrito, incluyendo el numero del easo y los hombres de las part~ interesadas. Si usted no contesta la demanda a fiempo, pudiese perder el caso y podria ser despojado de sus ingresos y pmpiedades, o pfivado de sus derechos, sin previo aviso del tribunal. Existen otros requisitos legales. Si lo desea, usted puede consultar a un abogado iamediatarnente. Si no conoce a un abogado, puede llamar a ana de las oficinas de asistencia legal que aparecen en la guia telefonica. Si desea responder a la demanda por su cuenta, al mismo tiempo en que presente su respuesta ante el tribunal, usted debe enviar pot correo o entregar una copia de su respuesta a la persona denominada abajo. AVISO: La regla 12.285, de las reglas de procedimiento del derecho de la familia del estado de la Florida exige que se entreguen ciertos datos y documentos a la parte adversa...So Ud. no cumple con estos requisitos, se le podraa aplicar sanciones, las cuales pueden dar lugar al rechazo o a la desestimacion de sus escritos. Ild~ORTANT Des poursuites judiciaries ont ete entreprises contre vous. Vous avez 20 jours consecutifs a partir de la date dc l'assignafion de cette citation pour deposer tm response ecrite a la plainte ci-jointe aupn:s de ce tribunal. Un simple coup de telephone est insuffisant pour vous proteger; vous ctes obliges de deposcr votm reponsc ecrite, avec mentiou du numero de dossier ci-dessus et du nora des parties nominees ici, si vous souhaitez que lc tribunal mtende votre cause. Si vous ne deposez pas voU-e reponse ecrit~ dans le delai requis, vous risquez de padre la cause ainsi que votre salaire, votreargent, et vos biens peuvent eh'e saisis par la suite, sans aucun preavis ult~rieur du Iribunal. 11 y a d'autms obligations juridiques et vous pouvez requerir les services immcdiats d'un avocat. Si vous ne connaiss,z pas d'avocat, vous pourdez telephoner a un service de reference d'avocats ou a un bureau d'assistanc~ juridique (figurant a l'armuaire de telephones). Si vous choisissez de deposer vous-meme uno response ecrite, il vous faudra egalement, en meme temps que cctte formality, faire parvenir ou expedier une copie au carbone ou une photocopie de votre reponse ecrite a ia personne nominee ci-dessous. ATTENTION: La regle 12.285 des regl~s de procedm du droit de la famille d~ la Flodde exige que l'on remette certaim remeignement~ et certaim deeument$ a la partie adverse. Tout refus de les foumir pourra donner lieu a des sanctions, y compris le rejet ou la suppression d'un ou de plusieurs ams de procedure. ROLF ZURSTRASSEN I00 99'STREET UNIT 151 SEBASTIAN, FLORIDA :32958 I I I THE STATE OF FLORIDA: You are commancht to serve this summons and a copy of the complaint in this lawsuit on the above name~ defendant. DATED: (SF.~[) CLERK OF THE CIRCUIT COURT COPY I This document was prepared with the a~istance of Kimbefly A. Temple Paralegal Service, 1527 20th Street, Veto Beach, Florida 32960, (561) 778-13021. I I I I I I I IN THE CIRCUIT COURT TIlE NI1NETE~ JUDICIAL CIRCUIT, IN AND FOR I~NDIAlq RIVER COU1NTY, FLORIDA ROLF ZURSTRASSEN, Plaintiff, VS. CITY OF SEBASTIAN and THOMAS W. FRAME, City Manager, Defendants. / ?054 C_ q Case No. ASSIGNEO TO JUDGE CHARLES E. COMPL Plainti~ ROLF ZURSTRASSEN, su~s D~fe~lants, CITY OF SEBAS~ ~d ~O~S W. F~; Ci~ M~ag~, ~d ~g~: I. ~ h ~ ~on for ~l~j~nt ~d suppl~men~ r~H~f. 2. ~s is ~ ~fion for ~amag~ ~ exes of $29,000, ( $1,000 per ~ ~c~g on September 15, 1997 ~u~ ~e ~ of~ ~g'~ 13, 199~, pl~ ~ M~fionM $1,000 per ~y · ere~ ~t~ ~e ~ ~ ~olv~ ~d ~m~ ~in ~ej~cfion offs Co~ 3. PI~ ROLF ~~SS~, ~ ~e foHo~g rem prop~ ~ ~m ~v~ Co~, Florida; ~t 14, BI~ 293 S~mfim ~m&, U~t 11 md ~t 15, Bilk 293, Sebmfim ~&, U~t 11 I~ ~ ~e pubic ~ of~m ~ver Co~ · at is l~a~ ~ ~e ~f~dmt's m~fip~ ~. 4. Pl~ app~ for md obt,i-~ a b~g perm, for bo~ of ~e above descfib~ prope~es, md begin com~cfion on ~o hom~. S~ E~bit A, S~, ~h~ md m~e a p~ her~f. 5. ~ou~ not ~q~ by law, ~e Pl~who ~sh~ to ~prove ~e appe~ce of~c efis~g &~age md u~W ~ement be~n ~e ~o prop~, mk~ ~e Ci~ ~he ~d pipe ~e sid~ · e ~o prope~. S~ ~e CiW is ~q~ m m~ ~e ~emenL reg~s of y~d be~n efis~a~ of ~age pip~, ~e Pl~ ~k~ ~e CiW d it wo~d p~cipa~ ~ ~e pip~g. ~e Ci~ · I y~rd swale be~een the tw~ properties. Since ~e City is required to m~ ~e e~en~ reg~s of~e e~st~ of ~age pip~, ~e Pl~mk~ ~e Ci~ ~it wo~d p~cipa~ ~ ~e pip~g. ~e Ci~ respond~ by leRer da~ J~y 24, 1997, sg ~bit B "O~ pip~g pw~ for ~e ye~ h~ on ~ mo~ proj~ due m ~g pr~ ... ~ of~g for ~e Ci~'s &~age ~e ~ ~ ~t 14 ~d 15 ~ om ofo~y a f~ ~age e~em~ ~ bilk 293 ~at mu~ ~ m ~ E~ ~ ~ h ~solugly vi~ m ~e Ci~'s ~age ~s~.. So ~you ch~e ~ pr~ ~ ~d ~y~ m much ~ possible ~ m~e for a sm~ proj~ for ~ple, ~g ~ ~e ~g ~enci~.' 6. On Au~ 8, 1997, ~o Ci~ sm~ment for ~mid~on of~e pip~g of~e ouff~ ~ ~ lo~ 14 ~d 15, bilk 293, ~t I 1, Seb~fi~ ~& ~b~ion for ~e ag~& of Au~ 13, 1997, sg E~bit C, S~ S~m~t I I I I I I I I I "The reality is that a ditch with a 1:1 slope cannot be maintained; it will sough offover time....The solution to the problem is to pipe th~ ditr. h prior to the construction of thc two houses.., it w-as concluded that if any cost sharing be considered, that it only be for those portions of the project directly impacting the piping project.., the intent would be to enter into a funding agreement wherein, the Zursuas,~em would take the responsibility for the actual installation with the City contributing up to an amount not to exceed S8,000...The I I I I City would undeanake thc actual expediting of the permit with the Water Management District. The estimated cost for the total project is $19, 3 I0. In this scenario, the property owners would be assuming an estimated cost orS11,310. I I Considering the potential liability and the potential increased costs that could occur if the ouffall ditch had to be piped after the homes were completed, it is logical to pipe the ditch I I now. And, sin~ the property owner is offering to proc(~ under these terms, it seems that this would be a good solution to avoiding a problem in the future... The proposed funding source for this expenditure would be from the perimeter pipe program as reflected within the Capital Improvements Program." 7. The City contacted the Plainti~ after the S-re,nary Statement was approved and the permit application had be,n submitted to the Water Manag~nent District, and asked him to meet and sign an Agreement concerning tl~ terms of the piping project, s~ Exhibit D, Agreement, aRached and made a pan hereof. Page lofthe Agreement,states, "WHEREAS, rig Owner owns two adjacent properties as set forth in Exhibit A of this agreement that contain a public utility easement which serves as a drainage outfall (Easement); and WHEREAS, the City believes that it is in tlg best inten~t of the citizens of Sebastian to install a culvert pipe on the easement b~'ween rig Propexty to ~ risk exposure and economic liability; and WHEREAS, the City is respons~le for a portion of thc improvements sin~ the Easement serves as a drainage outfall for the City... Further, page 4, paragraph 8.~ltoid Harmless. Cont.~;~ language which indemnifies the City, its agents, and employees from any liability "... fi'om all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs andjudgtmmts of~y kind and description..." and declares the Plaintiff responsible for any and all of the liability in connection with the piping project The Plaintiff was not in agreement with the City on these issues and ,therefore, refused to sign the agreement with the City. 8. Upon the Plaintiff's n:fusal to sign the Agreement, the City promptly "red tagged" the construction of the two houses, despite the fact that the proper permitting for the construction had been approved and the construction had begun_ See Exhibit E, City of Sebastian STOP WORK, attached and made apart hereof, which states; "Drainage ditch to be piped befon: ANY work continues." 9. Thc City submitted the application for $.IWMD on September 10, 1997 to the Water Management District and the Plaintiff was informed that a permit has been approved and will be issued, to the City, on or around October 13, 1997 at which time the piping could begin. 10. Thc Plaintiff had already poured the foundation on Lot 14 when the construction was halted and has materials, valued at $ ., on site in danger of damage fi'om exposure and/or theft. 1 I. Thc Plaintiff mtered into a contract with thc Purchaser to have the house completed by a specified date, following the issue of thc building permits, and will bc unable to fulfill his commitment to the Purchaser as a result of thc City's ~tion halting constructiom 12. Thc Plaintiff stands to loose a gmat dc-al of money if he is not able to complete thc constriction as promi-~l. 13. Thc City acknowledges that it is responsible for thc improvements and future maintenance of the easement and expresses fears that it risks potential liability and thc potential of increased costs if it must pipe the outfall ditch after thc construction of thc homes is complete. 14. Since thc City originally denied the Plaintiff's request to provide funding for piping the easement and later approved an Sg,000 contribution, at~ stating it was "not in a position to take on any more projects", it is apparent that the City was ~__ttemptin~ to entice thc Plaintiff into ass .ugting all of'the liability in piping thc casement and, since hc is willing to do so, to absorb the bulk of thc expense. The "red flag" on the Plaintiff's construction is an attempt by thc City to force the Plaintiff into compliance or suffer substantial econmic loss. 15. Thc Plaintiff is not obligated by law to move forward with the piping project, in fact, it is the City that bears the responsibility for thc project, as it so states. WHEREFORE, Plaintiff demands a judgment ordering the City to liR its "red flag" on lot 14 and allow the Plaintiff to complete thc construction already underway and for damages against the Defendants in the amount of'$ , plus tees and costs, and such other and further r~Ii¢£ as the Court may deem ~t and. proper. I i I I I I I i I I I I I i I i I I I i I I i I I I I 100 99 STREET UNIT 151 SEBASTIAN, FLORIDA 32958 (561) 388-2672 STATE OF FLORIDA COUNTY OF INDIAN RIVER Sworn to. and subscribed before me on by ROLF ZURSTRASSEN. NDT,~Y PUB~_,~"STATE OF FLORIDA Il'tint, type, or stamp commissioned name of notary] ~ Personally known _,~ Produced identification Ty~ of identification produced ~~-~-) > L This document was prepared with the assistance of Kimberly A. Temple Paralegal §ervice, 1527 20th Street, Vero Beach, Florida 32960, (561) 778-0(Y21. City of Sebastian 122~ Main Street Sebastian, Florida 32958 Telephone (5G1) 589-5330 FAX (5~) 5Z9~5570 Subject: Council Liaisons to County and Regional Committees Approved for Submittal by: Exhibits: Current Liaison List Expenditure Required: ~Amount Budgeted: Agenda No. Department Origin: City Clerk Date Submitted: 3/19/98 3/25/98 Appropriation Required: - N/A SUMM~RY STATr~g.~rr Historically, at the first regular meeting following the seating of a new Council, appointment of Council members as liaisons to county and regional committees has been the fa'st order of business under Mayor's matters. The current liaison list provided indicates current member positions and open positions vacated by Mr. Banes and Mr. Taracka. In regards to the Treasure Coast Regional Planning Council, the voting membership from Indian River County on the TCRPC consists of a County Commissioner, a Governor's appointee, and a representative of one of the municipalities on a rotating basis. The City of Vero Beach became the voting member in December 1997 for 1998/99, with Indian River Shores as the alternate voting memt~r. Sebastian is slated to be the alternate voting member in 2004 and the regular voting member in 2006. Sebastian City Council has requested a permanent seat on the TCRPC. In discussions today with Liz Gurik, Treasure Coast Regional Planning Council, and Indian River County Commissioner, John Tippin, my office was informed that Indian River Shores does not wish to serve as alternate voting member due to lack of time; and that Commissioner Tippin is bringing an item to the County Commission next Tuesday regarding a request for an additional membership on the TCRPC. Therefore, we will bring you an update on Wednesday on the County Commission's action. ~ECOMM_ENpED ACTION Mayor Sullivan to appoint Council members to various county and regional committees. CITY COUNCIL MEMBERS LIAISONS TO COUNTY AND REGIONAL BOARDS AFFORDABLE HOUSING ADVISORY COMMITrEE: (Indian River County) Current Members: Bob Massarelli & George Bonacci Member can be elected official or other city representative appointed by governing body 4/6/94 4/12/95 3/27/96 3/26/97 - Bruce Cooper appointed - Brace Cooper appointed - George Bonacci appointed - Bob Massarelli and George Bonacci appointed Secretary Reta Smith, IRC Commission Office Location: County Administration Bldg. - 1840 25th Street, Vero Beach, FL - 1st Floor Conference Room Time: Quarterly on 2nd Thursday of Month - 3:00 P.M. COUNCIL OF PUBLIC O[*¥ICIALS: (Indian River County) Current Member: Ruth Sullivan (appointed 3/26/97) Alternate: Louise Cartwright (appointed 3/26/97) Purpose: To improve government efficiency and reduce taxes History: 1/12/94 1/26/94 4/6/94 4/12/95 3/27/96 3/26/97 - Adopted by Resolution No. R-94-03 - Intedocal Agreement - R-94-0..3~.lightly modified by R-94-08 - Robert Freeland appointed - Robert Freeland reappointed - Louise Cartwright appointed member - Norma Damp appointed alternate - Louise Cartwright reappointed member - Norma Damp reappointed alternate - Ruth Sullivan appointed member - Louise Cartwright appointed alternate Secretary: Location: Time: Reta Smith, IRC Commission Office County Administration Bldg. - 1840 25th Street, Vero Beach, FL - 1 st Floor Conference Room 3rd Wednesday of Month - 9:00 A.M. ECONOMIC~DEVELOPMENT COUNCIL: (Indian River County) Current Member: Larry Paul (appointed 3/26/97) Alternate: Ruth Sullivan (appointed 3/26/97) Purpose: Encourage new business to come to Indian River County History: 5/14/86 - Lloyd Rondeau appointed 4/25/90 - Robert McCollum appointed 3/27/91 - George Reid appointed 3/25/92 - George Reid reappointed 3/24/93 - Norma Damp reappointed 4/6/94 - Arthur Firtion appointed - Norma Damp appointed alternate 4/12/95 - Carolyn Corem appointed - Norma Damp appointed alternate 5/10/95 - Norma Damp appointed member - Louise Cartwright appointed alternate 3/27/96 - Norma Damp appointed member - Walter Barnes appointed alternate 3/26/97 - Larry Paul appointed member - Ruth Sullivan appointed alternate Secretary: Janice Caldwell, IRC Commission Office Location: County Administration Bldg. - 1840 25th Street, Vero Beach, FL - 1st Floor Conference Room Time: 4th Tuesday of Month - 3:00 P.M. 2 EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE: (Indian River County) Current M~mber: OPEN Aiternat.~: Louise Cartwright (appointed 3/26/97) Purpo$.~: '92 IRC referendum consolidated emergency services - advisory 3/25/92 4/6/94 4/12/95 3/27/96 3/26/97 - Lonnie Powell appointed member - Norma Damp appointed member - Arthur Firtion appointed alternate - Arthur Firtion appointed member - Norma Damp appointed alternate - Richard Taracka appointed member - Norma Damp appointed alternate - Richard Taracka reappointed member - Louise Cartwright appointed alternate Secretary: Jan Ma.si, IRC Commission Office Location: County Administration Bldg. - 1840 25th Street, Vero Beach, FL - 1 st Floor Conference Room Time: 3 or 4 Times Per Year LAND ACQUI~qlrlON ADVISORY COMMITTEI~: (Indian Pdver County) CurtelltM~mber: City Planner, Tracy H~s Purpose: '92 IRC referendum - $26M Bond - Seek Land - Advisory History: 5/2/90 4/3/91 9/25/91 3/25/92 4/6/94 4/12/95 3/27/96 4/9/97 - Robert McCollum appointed member - Lonnie Powell appointed member - George Reid appointed alternate - Carolyn Corem appointed (as long as she remains on committee her position can continue - according to secretary Jan Masi) - Carolyn Corem reappointed member - Carolyn Corem reappointed member - Carolyn Corem reappointed member - Corum resignation accepted 3/26/97 - City Planner, Tracy Hass appointed Secretary: Reta Smith, IRC Commission Office Location: County Administration Bldg. - 1840 25th Street, Vero Beach, FL - 1st Floor Conference Room Time: Last Wednesday of Month - 1:30 P.M. 4 ~IETROPOLtIT~,N PLANNING ORGANIZATION (MPQi: (Indian River County) (Previously called Transportation Planning Committee) lTurrent Member: OPEN Curr~rtt Alternate: OPEN Staff Representative: Purpose: Transportation planning and to obtain transportation funding I-listorv: as Transportation Planning Committee: 6/3/87 - George Metcalf appointed 5/25/88 - Jim Wadsworth (P&Z) appointed ex-officio 1/24/90 - Robert McCarthy appointed - Peter Jones appointed alternate 3/28/90 - Lloyd Rondeau appointed - Frank Oberbeck appointed alternate 4/11/90 - Frank Oberbeck appointed {Rondeau resigned) 8/8/90 - Robert McCollum appointed alternate 3/27/91 - Lonnie Powell appointed alternate 4/3/91 - Peter Holyk appointed alternate 8/14/91 - Will Conyers appointed - Peter Holyk appointed alternate 3/25/92 - Frank Oberbeck appointed - Peter Holyk appointed alternate 6/17/92 ' Frank Oberbeck appointed - Peter Holyk appointed alternate as Metropolitan 2/24/93 3/24/93 4/6/94 3/22/95 3/27/96 3/26/97 Planning Organization: - Resolution No. R-92-30 - Robert Freeland appointed alternate - Frank Oberbeck reappointed - Robert Freeland reappointed alternate - Raymond Halloran appointed member - Carolyn Corem appointed alternate - Raymond Flalloran appointed member - Walter ]~'nes appointed alternate - Richard Taracka appointed member - Walter Barnes reappointed alternate 12/1/93 3/94 - Harry Thomas appointed to MPO Citizen Advisory Committee - Public Works rep appointed to MPO Bikepath Committee Secretary: Alice White, IRC Commission Office Location: County Administration Bldg. - 1840 25th Street, Vero Beach, FL - 1st Floor Conference Room Time: 2nd Wednesday of Month - 10:30 A.M. ~EBAST[AN RIVER AR~A CFIAMBER OF COMMERCe: Curren~t Member: Thomas Frame, City Manager (reappointed 3/26/97) Alternate Member: Larry Paul (appointed 3/26/97)' Purpose: Promote business in the Sebastian River area 1/6/93 3/23/94 3/24/94 4/6/95 4/12/95 3/27/96 3/26/97 - City Manager Robert McClary appointed member - Robert Freeland appointed member - Arthur Firtion appointed alternate - Arthur Firtion replaced Robert Freeland ~ Nonna Damp appointed alternate "- Arthur Firtion appointed member - Norma Damp appointed alternate - Thomas Frame, City Manager appointed member - Richard Taracka appointed alternate - Thomas Frame, City Manager appointed member - Larry Paul appointed alternate Location: Time: Chamber of Commerce Office - U.S. 1 - Sebastian 2nd Thursday of Month - 5:00 P.M. ~]?~.,ASURE COAST COUNCIL OF LO_CAI~ G._OVER/qMENT$: (Regional) Current Member: OPEN Alternat~: Louise Cartwright (reappointed 3/26/97) p~rpos~: Cooperative government - county and municipal in region south to Martin History: 8/12/92 4/14/93 4/6/94 4/12/95 3/27/96 3/26/97 - Lonnie Powell appointed member - George Reid appointed alternate - Resolution No. R-93-15 adopted - Robert Freeland appointed alternate - Arthur Firtion appointed member - Robert Freeland appointed alternate - Arthur Firtion appointed member - Carolyn Corem appointed alternate - Walter Barnes appointed member - Louise Cartwright appointed alternate - Walter Barnes reappointed member - Louise Cartwright reappointed alternate Member should be elected chief executive or member of governing body - can appoint an alternate Chairman: Mayor Robert Minsky, Port St. Lucie Recording Secretary: Margaret McGrath - 561-871-5159 Location: St. Lucie County Administrative Bldg. 2300 Virginia Avenue Ft. Pierce, FL 34982 (across from College) Time: 1st Wednesday of Month - 10:00 A.M. 7 I I i I I I I I I I I I I I I i I I TREASURE COAST REGIONAL PLANNING COUNCIL: (Regional) ~urrent Ii, dian Ki~er Coun~ Rotation Member: Veto Beach became the regular voting member for December 1998/99, with Indian River Shores as the alternate voting member. Larry Paul was the last appointed member for Sebastian 0/97). The voting membership from Indian River County on the TCRPC consists of a County Commissioner, a Governor's appointee, and a representative of one of the municipalities on a rotating basis. Veto Beach is the 1998/1999 voting alternate member. Sebastian is slated to be the alernate voting member in 2004 and the regular voting member in 2006. Sebastian City Council has requested a permanent seat on the Council, and is awaiting a' response. Purpose: Public agency formed in 1976 pursuant to Florida Statutes. TCRPC is an association of local governrnent representatives and private citizen representatives from Indian River, Martin, Palm Beach, and St. Lucie Counties working to promote health, safety and welfare of citizens and plan for future development of the region that will afford a high quality of life. History_: 12/14/85 6/86 10/93 4/6/95 4/12/95 3/27/96 3~6~7 - Gene Harris appointed member - Robert McCarthy appointed member - Carolyn Corum appointed member for two years - Carolyn Corum reappointed for additional year - Raymond Halloran appointed member - Louise Cartwright appointed alternate - Raymond I-Ialloran appointed member - Richard Taracka appointed alternate - Larry Paul appointed member - Vero Beach is alternate voting member if Sebastian cannot attend Location: Howard Johnson's Motor Lodge 950 U.S. I-Iighway One Smart Time: 3rd Friday of Month - 9:30 A.M. Contact: Saundra Knowles, Administrative Assistant Phone 561-221-4060 Suncom 2694060 Fax 561-221-4067 I3TDIAN RIVER COUNTY R~CRI~ATION: (County) Current Member: Nancy Diamond Alternate: no one at this time Purpose: Secretary: Reta Smith Chairman: Fran Adams, County Commission \wp-minkliaison 9 I I I I I I I I I i I I I I I I I I