HomeMy WebLinkAbout10021996 City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
WORKSHOP
WEDNESDAY, OCTOBER 2, 1996 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a Workshop, unless approved by a majority vote of City Council prior to the Workshop
(in accordance with R-96-53)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
96.150
1-10
96.129
11-17
WORKSHOP ITEMS
A. PROCEDURES
i. Review Proposed Quasi-Judicial Procedures Ordinance (City Attorney Memo
9/11/96, Proposed Ordinance)
ii. Review Proposed Meeting Procedures Ordinance (See Memo Above, Proposed
Ordinance)
B. PROPOSED CHARTER REVISIONS
96.127
19-24
Airport Leases - Fifty Years (-Proposed Ordinance)
I 96.137
25-30
ii.
Mayoral Elections and/or (City Manager Memo 9/18/96, Referenda Options)
96.137
same
II1.
Four Year Council Terms - Elections Every Other Year (See Above)
96.130 D.
31-37
COUNCIL/MANAGER MATTERS
Mayor Camvdght
Vice Mayor Barnes
Councilmember Damp
Councilmember Halloran
Councilmember Taracka
City Manager
PENDING LIST REVIEW (List 9/26/96)
96.215 E.
39
NOVEMBER MEETING SCHEDULE (City Clerk Memo 9/27/96)
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. O105 P.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEA5~ 48
HOURS IN ADVANCE OF THIS MEETING.
U. pcoming Meetings:
Regular Meeting- Wednesday, October 9, 1996 - 6p.m.
Special Meeting- Quasi Hearings - Wednesday, October 16, 1996 - 6p.m.
Regular Meeting - Wednesday, October 23, 1996 - 6p.m.
M_E M O R A N D U M
TO: Tom Frame
FROM: Valerie Settles
DATE: September 11, 1996
RE: Procedures Ordinances
Attached please find a draft of the meeting and hearing
procedures ordinances. I have made only a few substantive changes.
Additionally, I have no~ added the items to the quasi judicial
procedures which the new legislation allows,, for reasons which I
would like to discuss with you and the Councll, in detail, at the
workshop on the ordinances. I think that ~ne workshop for both
ordinances will be sufficient. The discussion on both should not
take more than ~ne hour. If you have any questions,~ please advise.
cc: Mayor Louise Cartwright
. -....
ORDINANCE NO. 9 6-
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING PROCEDURES FOR QUASI-
JUDICIAL HEARINGS; PROVIDING MATTERS WHICH ARE TO BE
HANDLED AS QUASI-JUDICIAL PROCEEDINGS; PROVIDING FOR
THE ORDER OF PRESENTATION AT QUASI-JUDiCIAL HEARINGS;
PROVIDING FOR RESOLUTION OF CONFLICTS; /~
PROVIDING FOR THE ORDER OF PRESENTATION OF EVIDENCE;
PROVIDING FOR THE ADMINISTRATION OF OATHS AND
RA~RMATIONS; PROVIDING FOR ITEMS CONSITITUTING THE
RD OF THE QUASi-JUDICIAL HEARING; PROVIDING FOR
THE DISCLOSURE OF EX-PARTE COMMUNICATIONS; PROVIDING
FOR SEVERABILiTY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian,
Indian River County, Florida, believes it to be in the best
interest of the citizens of Sebastian to provide clear direction
to establish quasi-judicial hearing procedures for the conduct of
City Council and other board and commission quasi judicial
matters by codifying existing procedures.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows:
Section 1. A new section of Chapter 2, Article II, of the City
of Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-50. Quasi-judicial hearings. The City Council
and all boards and commissions created by the City
Council, except as otherwise provided by law, shall
conduct quasi-judicial hearings in accordance with the
procedures set out in this Ordinance. Unless otherwise
determined by the City Attorney, the following items
shall be handled as quasi-judicial proceedings:
(a) The rezoning of property which is limited to a
single parcel or a limited number of property owners.
(b) Subdivision plat approvals.
(c) Site plans.
(d) Variances.
(e) Special use permits.
(f) Conditional use permits.
(g) Building permits.
(h) Any other land use decisions which, in the opinion
of the City Attorney, require quasi-judicial hearings.
Section Z. A new section of Chapter 2, Article II, of the City of
Sebastian Code of ordinances is hereby created as follows:
Sec. 2-51. Order of Presentation. The Order of
presentation at quasi-judicial hearings shall be as
follows:
1. Opening the Hearing. The Mayor or presiding City
Council member shall open the hearing and may outline the
rules of procedure for the public at the beginning of the
hearing. The City Clerk will administer an oath to all
witnesses who plan to testify before the City Council.
2. ~---Disclosure by Councilmembers of ex-parte
communications. The members of the Council shall enter
into the record any ex-parte discussions, communications,
investigations, site visits or expert opinions, as
required by Sec. 2-55A hereof.
3. Initial Presentation. The City staff shall make the
initial presentation to the city Council regarding the
item under consideration. At the completion of the staff
presentation, the applicant and parties who, in the
opinion of the city Attorney, are affected parties may
question, or seek clarification from the City staff, by
request through the Mayor or the presiding officer.
4. Applicant's Presentation. The applicant may make a
presentation to the city Council, which shall include an
uninterrupted period of up to fifteen (15) minutes.
5. Inquiry of Applicant. The city Council may comment
and questions, or seek clarification from the applicant
and the applicant's witnesses, if any. The City Council
may allow staff to comment, question~, or seek
clarification from the applicant or the applicant's
witness. Parties who, in the opinion of the City
Attorney, are affected parties may question or seek
clarification from the Applicant or the Applicant's
witnesses, if any, by request through the Mayor.
6. Proponent's Testimony. Proponents of the item or
request may make a presentation of up to three (3)
minutes, but an individual who represents an organization
with five (5) or more members or a group of five (5) or
more persons may speak for ten (10) minutes.
7. Inquiry of Proponents. The City Council may
question or seek clarification from the proponent or the
proponent's witnesses, if any. The City Council may
allow the staff to comment, ask questions, or seek
clarification from the proponent or the proponent's
witnesses, if any. Affected parties question or seek
clarification from the proponent or the proponent's
witnesses, if any, by request through the Mayor.
8. Parties which support the application shall have the
right to make an uninterrupted fifteen (15) minute
presentation. Parties which oppose the application may
make a presentation of up to three (3) minutes, unless a
person represents an organization with five (5) or more
members or a group of five (5) or more persons, in which
event, such person may speak for up to ten (10) minutes.
9. Inquiry of Opponents. After the opponent's
presentation of any witness, the City Council shall have
an opportunity to comment or ask questions of or seek
clarification from the opponent's witness. The City
Council may allow the staff to comment, ask questions, or
seek clarification from the opponent's witness. Affected
parties may question or seek clarification from the
opponent's witness through the Mayor at this time.
10. Informational Testimony. Any member of the public
who wishes to Present information or clarification on the
matter may be allowed to testify in matters where public
comment is allowed. The Mayor will open the public
information period.~,~ member of the public may make a
presentation of th~ (3) minutes, but a person who
represents an organization with five (5) or more members
or a group of five (5) or more persons may speak for ten
(10) minutes. After the presentation of any
informational witnesses the'City Council shall have the
opportunity to comment or ask questions of or seek
clarification from the informational witnesses. The City
Council may allow the staff to comment, ask questions of,
or seek clarification from informational witnesses at
this time. Affected parties may ask questions or seek
clarification from the public information witnesses by
request through the Mayor at this time.
ll. Closing of Public Information Period: After the
public information period is closed, no additional public
comments shall be allowed except in response to questions
by members of the City Council.
12. Staff Response and Summary: Staff may respond to the
presentation of the applicant, opponents, or the
informational witnesses for a period of ten (10) minutes.
The affected parties may ask for and be allowed an
opportunity to point out any errors of fact in the staff
presentation or ask questions of staff witnesses on their
presentation.
13. Applicant's Rebuttal Presentation: The applicant
shall be allowed the opportunity to present rebuttal
testimony for a period of ten (10) minutes. Any affected
party or staff who believes that a rebuttal presentation
includes any error of fact may ask for and be allowed an
opportunity to point out such error of fact in the
applicant's presentation or ask questions of the
applicant's witnesses about its rebuttal presentation.
14. Board and Staff Inquiry: If the staff, applicant and
opponents have made presentations as outlined above and
the public information portion of the hearing.~s closed,
the City Council shall have the final opportunity to
comment and ask questions of any applicant, opponent, or
staff member.
15. Extension of Time: Any affected party who will be
prejudiced by the time limitation set out in this
procedure may request additional time from the City
Council.
16. Affected Parties: The applicant and the City staff
shall be considered affected parties. An affected
landowner who is entitled to notice under any statute or
City Ordinance shall be considered an affected party if
a request is made to the City Council for such
designation.
Section 3. A new section of Chapter 2, Article II, of the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-52. Evidentiary matters:
(a) If a party objects to the introduction of any
evidence the Mayor shall rule on the objection to the
admissibility of the evidence. If any member of the City
Council disagrees with the Mayor's ruling on evidence the
member shall so state and the City Council shall affirm
or overrule the Mayor's ruling on the admissibility of
any evidence.
4
(b) Notwithstanding any other provision herein the Mayor
or City Attorney may interrupt any presentation which
discusses matters which cannot be considered in deciding
the matter before the City Council for consideration.
(c) Any affected party shall have the right to cross
examine witnesses. Any presentations by counsel or
representatives of any affected party which is unsworn
shall be considered argument and not testimony.
(d) Persons addressing the City Council shall identify
any educational, occupational and other experience which
they possess which may be relevant to the matter under
consideration.
Section 3. A new section of Chapter 2, Article II, of the City of
Sebastian Code of Ordinances is hereby created as'follows:
Sec. 2-53. Oaths an4 affirmations. Before making
factual statements or factual representations at a quasi-
judicial hearing, each person shall declare the factual
statements or factual representations that the person
will present before and to the City Council are truthful
and accurate by taking an oath or affirmation
yadministered by the city Clerk.
Section 4. A new section of Chapter 2, Article II, of the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-54. Registration of persons offering testimony or
information. Persons who desire to make presentations on
an application or item or present information or make a
comment on an application or item must register with the
City Clerk prior to the time in the meeting at which such
item is to be heard by City Council.
Section 5. A new section of Chapter 2, Article II, of the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-55. The record. The record shall consist of the
following items:
(a) The City of Sebastian Code of Ordinances, the City
of Sebastian Comprehensive Land Use Plan and the City of
Sebastian Land Development Code.
(b) The application which is the subject of the quasi-
5
judicial proceeding, including supporting documents, if
any.
(c) City staff recommendations and all staff written
communication to City Council members on the pending
matter.
(d) Any other written communication to the City Council,
if relevant.
Section 6. A new section of Chapter 2, Article II, of the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-$5A. Ex-parte communication, site visits,
investigations and expert opinions. Any person not
otherwise prohibited by statute, charter provisions, or
ordinance may discuss with any Council member the merits
of any item or request. The subject of the communication
and the identity of the person, group, or entity with
whom the discussion took place shall be disclosed by the
Council member and made a part of the record before the
applicant's presentation. .~
Any person may communicate in writing with any City
Council member regarding any pending item or request.
Such written communication shall be made a part of the
record before the applicant's presentation.
City Council members may conduct investigations and
site visits and may receive exp~rt opinions regarding a
~endin? i~em or r~ques%. ~he--.-~o_~f~ke
'ln~ . ' e expert
opinions regarding a pending item or request. The
existence of the investigation, site visit, or expert
opinion shall be made a part of the record before the
applicant's presentation.
Any such discussion, communication, investigation,
site visit, or expert opinion which is made a part of the
record shall not be presumed to be prejudicial to the
quasi-judicial action.
Section 7. A new section of Chapter 2, Article VI, of the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-167 Quasi~ju4i¢ial hearing procedures. Unless
modified by ordinance or provided otherwise by law, all
boards and commissions established by the City Council
shall follow the quasi-judicial hearing procedures
established in Sections 2-50 to 2-55A of the City of
Sebastian Code of Ordinances, as appropriate.
Section 7. Conflict. Ail ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 8. Effecti~'~""~~ This Ordinance shall take effect
immediately upon its passage.
Section 9. If any section, subsection, paragraph, or other
provision of this ordinance, or its application to any person or
circumstance, shall be held invalid or unconstitutional, such
holding shall not affect the validity of any other section,
subsection, paragraph, or provision of its application to other
persons or circumstances, and towards that end this ordinance is
declared severable.
Section 10.~nflict. This ordinance shall prevail over all other
ordingmc~es which are in conflict with this ordinance.
Section 11. Effec~e date. This Ordinance shall take effect
immediately u~m6n adoption.
The foregoing Ordinance was moved for adoption by
Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1996.
7
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Louise R. Cartwright, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
8
ORDINANCE NO. 96-
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING THE DATE AND TIME FOR CITY
COUNCIL MEETINGS; ADOPTING ROBERTS RULES OF ORDER FOR USE
AT CITY COUNCIL AND OTHER BOARD A~D COMMISSION MEETINGS;
PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA
MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES
(OTHER THAN QUASI-JUDICIAL MATTERS) BEFORE THE CITY
COUNCIL AND OTHER BOARDS AND COMMISSIONS; PROVIDING FOR
PUBLIC iNPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE
TO VERBATIM TRANSCRIPTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, believes it to be in the best interest of
the citizens of Sebastian to provide clear direction to establish
City Council meeting times and dates and provide for the conduct of
City Council and other board and commission meetings by codifying
current procedures.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, as follows:
Section 1. A new section of Chapter 2, Article II, of the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-35. City Council Workshops; Regular City Council
meetings date and time. City Council Workshops shall be
held, at the discretion of the City Council, on the
second and fourth Wednesday of each calendar month at
6:30 p.m., and shall not exceed one hour in duration.
Regular City Council meetings shall be held on the second
and fourth Wednesdays of each calendar month at 7:00
p.m., unless a Regular City Council meeting is preceded
by a City council Workshop, in which case the meeting
shall commence upon conclusion of the City Council
Workshop and shall adjourn at 10:30 P.M., unless extended
by unanimous vote of the City Council members present.
In no event shall a Regular City Council meeting commence
prior to 7:00 p.m., unless duly noticed. Ail unfinished
business remaining at the adjournment of the meeting
shall be carried to the next Regular city Council
meeting, unless, prior to adjournment, said items are
placed on a Special City Council meeting agenda.
Section 2. A new section of Chapter 2, Article II, of the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-36. No substantive decisions at city Council
Workshops. At city Council Workshops, matters may be
discussed and placed on an appropriate City Council
meeting agenda for action. The City Council shall not
vote on any matter requiring a resolution or ordinance at
a city Council Workshop.
Section 3. A new section of Chapter 2, Article II, of the City of
Sebastian Code or Ordinances is hereby created as follows:
Sec. 2-37. Roberts Rules of Order Adopted. The City
Council will follow Roberts Rules of Order~ Revised,
9th Edition, published by Scott, Foresman as a general
guideline in the conduct of all meetings and.Workshops.
Failure to follow said rules shall not affect the
validity of any action taken by the City Council.
The City Council recognizes Robert Rules of Order are not
applicable to every procedural matter governing a public
official in the State of Florida. Each Councilmember
must vote on all motions unless a Councilmember has a
conflict of interest. A Councilmember may make a motion,
second a motion or participate in discussion on a motion
without relinquishing the chair. Members of Council have
the exclusive right to raise questions of procedure or a
point of order to the Chair and have the Chair rule on
the procedure or point of order. Any member of Council
may appeal the decision of the chair to the entire
Council.
Section 4. A new section of Chapter 2, Article II, of the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-38. Agenda submittal, deadline, preparation and
modification. The City Manager shall prepare agendas for
all City Council meetings. Documentation for items on
agendas must be submitted to the City Clerk not later
than noon on the Thursday preceding the respective City
Council Meeting to expedite the preparation of agenda
packets. The City Council, by unanimous vote of all of
the members present, may modify the agenda to add an
additional agenda item. In the event that the agenda is
modified, an individual who wishes to address City
Council with respect to the new agenda item, shall be
afforded a reasonable opportunity to register to speak
2
before the City Council following the addition of the new
agenda item.
Section $. A new section of Chapter 2, Article II, of the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-39. Order for Public Hearings. The procedure for
public hearings, other than quasi-judicial hearings,
shall be as follows:
I
I
I
I
1. The Chairperson shall announce the opening of the
public hearing.
2. The City Attorney or the City Clerk shall read the
Ordinance or Resolution by title, unless otherwise
prescribed by law.
3. The Chairperson, if appropriate, shall announce the
rules that apply to the public hearing.
4. The City staff shall make a presentation, comments
and preliminary recommendation, if any.
5. The Public shall be allowed a period for-~omment on
the specific agenda item.
6. The City staff may make final comments and
recommendation, if any.
7. The Chairperson shall close the public hearing,
unless continuation of the hearing is approved by a vote
of three Councilmembers present at the public hearing.
Section 6. A new section of Chapter 2, Article II, of the City of
Sebastian Code of ordinances is hereby created as follows:
Sec. 2-40. Continuance of a public hearing, deferring of
decision. The City Council may continue a public hearing
unless a continuance would violate City Charter, City
Code, State or Federal law. A public hearing may be
continued to a time certain and date that the hearing
will be re-opened shall be stated in the record. The
City Council may defer action on a matter and continue
the public hearing for receipt of written comments on the
matter. The city council may defer a decision on the
merits of any matter pending as a result of a public
hearing.
Section 7. A new section of Chapter 2, Article II, of the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec 2-41. Suspension of the rules; action not invalidated
by failure to strictly adhere. Any provisions of this
Ordinance may be suspended for good cause by a vote of at
least four Councilmembers present at the time of the
decision to suspend. The good cause shall be stated on
3
the record. If the city Council fails to strictly abide
by any provision of this Ordinance, such failure shall
not invalidate action taken by City Council or staff.
Section 8. A new section of Chapter 2, Article II, of the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-42. Procedures for registration of speakers and
introduction of new business from the public. Speaker
registration lists shall be provided by the City Clerk
prior to the commencement of any meeting of City Council
in the City Council Chambers, one half hour prior to the
City Council meeting or in the City Clerk's office from
Monday through Wednesday from 8:00 a.m. to 4:30 prior to
the City Council meeting. Speakers at Council meetings
shall be limited to individuals who have signed up to
speak prior to commencement of the meeting, except as
provided in Section 2-35.
Section 9. A new section of Chapter 2, Article Ii~ of the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-43. Public input on agenda items. Individuals
who wish to address the City Council on items where
public presentations are permitted on the agenda shall
address the City Council immediately prior to the City
Council deliberation of the agenda item. Individuals
shall not address city Council after commencement of City
Council deliberation on an agenda item after public input
has concluded, provided, however, that the Mayor and
members of City Council .may recall .an individual to
provide additional information or to answer questions.
Individuals shall have the opportunity to address the
City Council if they have registered to speak prior to
the commencement of the city Cguncil meeting with respect
to an agenda item on a first-come, first heard basis. In
addition, individuals shall have the opportunity to
address the City Council during a public hearing held in
accordance with any federal or state law, the City
Charter, the Code of Ordinances and the Land Development
Code of the city of Sebastian.
Section 10. A new section of Chapter 2, Article II, of the city of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-44. Introduction of New Business from the Public.
"Introduction of New Business from the Public" shall be
that portion of Regular City Council Meeting agendas at
which individuals may introduce new business not
otherwise on the prepared agenda. Any individual wishing
to introduce new business during the "Introduction of New
Business from the Public" portion of the Regular City
Council meeting shall have the opportunity to address the
City Council, if he or she has registered prior to the
commencement of the City Council meeting on a first come,
first heard basis. Individuals are encouraged, whenever
possible, to meet with staff to attempt to resolve
individual matters. Individuals are also encouraged,
whenever possible, to sign up for "Introduction of New
Business from the Public" by noon on the Thursday
preceding the Regular City Council Meeting and provide
documentation for inclusion in the agenda packet. The
City Council reserves the right to limit the
presentations of individuals when the subject of the
presentation is not a matter within the scope of the
jurisdiction of the City Council.
Section 11. A new section of Chapter 2, Article II, of the City of
Sebastian Code of Ordinances is hereby created as,~follows:
Sec. 2-45 Public Input at Special Meetings or Workshops.
No public input or Introduction of New Business from the
Public shall be allowed at city Council Special Meetings
or Workshops, other than a scheduled public hearing, if
any, unless provided in the meeting call.
Section 12. A new section of Chapter 2, Article II, of the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-46 Time limit for public input, individuals, who
are not parties in quasi-judicial proceedings, shall be
limited to ten (10) minutes in making oral presentations
to the City Council, except if extended by the Chair or
reduced by the Chair, based on the amount of time
available.
Section 13. A new section of Chapter 2, Article II, of the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-47 Written Presentations. Individuals may
submit written presentations to the City Council at
Regular Meetings by providing ten (10) complete copies to
the City Clerk prior to commencement of the City Council
meeting.
Section 14. A new section Chapter 2, Article II, of the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-48 Public Input Addressed to Chair. Ail public
input shall be addressed to the Chair, unless responding
to a question from a member of the City Council or City
staff.
Section 15. A new section of Chapter 2, Article II, the City of
Sebastian Code of Ordinances is hereby created as follows:
Sec. 2-49. Verbatim transcripts of the City Council
Meetings. The City Clerk's office is not required to
prepare verbatim transcripts or parts of any minutes of
City Council meetings, unless the City Council, by
majority vote, directs verbatim transcripts for any part
of any of the minutes that it deems necessary and proper
for the conduct of the internal affairs of the City. Any
person desiring a verbatim transcript shall be required
to either provide their own court reporter or transcribe
their own verbatim transcript from a copy of an audio
tape provided by the City Clerk's office, at such cost as
is allowed by Florida Statute. ~.
Section 16. A new section of Chapter 2, Article VI, of the City of
Sebastian Code of Ordinances is hereby created as followS:
Sec. 2-166 Meeting Procedures. Unless modified by
ordinance or provided otherwise by law, all boards and
commissions established by the City Council shall follow
the meeting procedures established in Sections 2-37 to 2-
49 of the City of Sebastian Code of Ordinances, as
appropriate.
Section 17. Severability. If any clause, section, subsection,
paragraph, or other provision of this ordinance, or its application
to any person or circumstance, shall be held invalid or
unconstitutional, such holding shall not affect the validity of any
other section, subsection, paragraph, or provision of its
application to other persons or circumstances, and towards that end
this ordinance is declared severable.
Section 18. Conflict. This ordinance shall prevail over all other
ordinances which are in conflict with this ordinance.
Section 19.
Effective date.
This Ordinance shall take effect
6
immediately upon adoption.
The foregoing Ordinance was moved for adoption by
Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Coun¢ilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Ordinance duly passed and
adopted this
day of , 1996.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Louise R. Cartwright, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
ORDINANCE NO.
AN' ORDINANCE OF THE CITY OF SEBASTIAN,
FLORIDA, SCHEDULING AN ELECTION TO SUBMIT TO
THE ELECTORS A PROPOSED AMENDMENT TO ARTICLE
I OF THE CITY CHARTER WHICH PROVIDES FOR AN
INCREASE IN THE MAXIMUM ALLOWABLE TERM FOR
LEASES OF AIRPORT PROPERTY, FROM TWENTY (20)
YEARS TO FIFTY (50) YEARS; PROVIDING FOR THE
MANNER IN WHICH SUCH ELECTION SHALL BE
CONDUCTED; PROVIDING THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM
OF THE BALLOT FOR SUCH ELECTION; DIRECTING
THE CITY CLERK TO PROVIDE THE SUPERVISOR OF
ELECTIONS OF INDIAN RIVER COUNTY, FLORIDA
WITH A COPY OF THE PROPOSED ORDINANCE;
PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 Florida Statutes (F.S.) provides
that the governing body of a municipality may submit to the
electors of that municipality a proposed amendment to all or part
of its charter for approval; and
WHEREAS, the City Council of the City of Sebastian, Florida,
"City Council" has determined that certain amendments should be
made to the City Charter in order to increase the maximum
allowable lease term for leases of airport property from twenty
(20) years to fifty (50) years; and
WHEREAS, the City Council has decided to submit the proposed
amendment to the City Charter to the electors of the City of
Sebastian, pursuant to Section 166.031 F.S.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Sebastian, as follows:
Section 1. That upon passage of Referendum No.3 by the
electors of the city, Article i, Section 1.02 of the City Charter
hereby amended as follows:
Sec. 1.02 Extraterritorial powers.
In addition to the powers inumerated
herein, the city shall be vested with all
extraterritorial powers heretofore granted
by the prior Charter of the City of
Sebastian, Florida, as follows:
(7) Airports. To purchase, acquire,
take, hold, establish, construct, equip,
maintain and operate municipal airports,
landing fields, hangars, aviation
terminals and administration buildings,
runways, depots, warehouses, garages,
repair shops, oil and fuel tanks or
stations, or other necessary
appurtenances for the use of airplanes
and other aircraft, and to acquire or
lease any and all real property within
the corporate limits, or within ten (10)
miles of the boundaries thereof,
such purpose; to set apart and use for
such purpose any real property owned or
leased by the city, whether or not
originally acquired by condemnation,
purchase or lease for another purpose;
to adopt and enforce reasonable rules
and regulations governing the use of
such municipal airports; .to employ
airport directors, airport managers,
employees or agents in connection with
such operation; to impose fees or
charges in connection with the use of
such airport or airport facilities; to
sell gasoline or other supplies
necessary in connection with the
operation os such airports; to provide
lounges, eating places, refreshment
parlors and other facilities in
connection with such municipal airport;
to let or lease to private persons or
corporation portions of said airports
for building sites, hangar space,
concessions or other uses for a term not
to exceed ~ ~ years;
to prescribe and promulgate rules and
regulations for the operation; to accept
and receive grants from the state and
federal government and any body politic
for the construction, maintenance,
operation and management of such airport
facilities.
2
Section 2. An election is hereby called and scheduled
to be held on March , 1997, to determine whether the
above referenced amendment to the City Charter will be
approved majority of the votes cast in such election, in
which the qualified electors residing in the City shall
participate.
Section 3. The places of voting in such election shall be
the usual places of voting in the City of Sebastian, in the
regular election, as determined by applicable provisions of
Florida law, which are currently as follows:
Precinct 12 ................ The Sebastian Community Center
1805 North Central Avenue
Precinct 14 ................ First Church of the Nazarene
50 South Wimbrow Drive
Precinct 15 ................. The North Indian River County
Library, 1001 Fellsmere Road
(CR 512)
Precinct 16 ................. Sebastian Elks Lodge #2714
731 South Fleming Street
The polls shall open at such voting places on March ,
1997, from 7:00 a.m. to 7:00 p.m. Ail duly qualified electors
residing within the city of Sebastian shall be entitled to
participate and vote in such election.
Section 4. All Ordinances or parts of Ordinances of the City
in conflict with the provisions of this Ordinance are hereby
superseded to the extent of such conflict.
Section 5. 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 shall be construed as reasonable and necessary to
achieve the lawful purposes of this Ordinance.
Section 6. The purpose of this election is to present a
referendum to the electors of the City of Sebastian concerning
proposed amendments to the City Charter. The ballot shall be
substantially in the following form:
CITY OF SEBASTIAN, FLORIDA
Referendum
Referendum No. 3:
EXTENDING MAXIMUM ALLOWABLE TERM LEASES
OF AIRPORT LAND FROM 20 TO 50 YEARS
Shall the City of Sebastian amend the City Charter to extend the
maximum allowable lease term for airport property from 20 years
to 50 years?
Yes for Approval
No for Rejection
Section 7. This Ordinance shall go into effect immediately
upon its passage and adoption by the electorate.
The foregoing Ordinance was moved for adoption by
Councilmember .
4
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1996.
CITY OF SEBASTIAN, FLORIDA,-
ATTEST:
By:
Louise R. Cartwright, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
5
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hearing was held on
this Ordinance at 7:00 p.m. on the day of ,
1996, and that following said public hea~ing this Ordinance was
passed by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I
City of Sebastian.
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 388-8200 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
September 18, 1996
Honorable Members of City Council
Thomas W. Frame, City Manager ~ t~.). ~
Referenda Options ~'
The City Council, at its June 10, 1996 workshop requested that charter amendments which were
"presented and failed" before the previous City Council in January of this year be readdressed for
possible inclusion in the ballot for the 1997 City election.
The two ballot questions which the City Council previously considered were 1) a provision for the
election of a Mayor by the electors of the City every two years and/or 2) a provision increasing
Council member terms to four years. The ordinances and ballot question issues, if dealt with
separately, create some confusion. The outcome of each affects the other. Therefore there are
several options that need to be addressed prior to the final draft of the ordinances.
This Council needs to decide if it wants to propose one or both of these referenda and if it wants to
present both of these at the 1997 general election. As you will see in the charts attached which
address possible options for wording, it will be necessary to phase in the terms over a few years to
bring us to a new schedule.
This matter will be considered at the October 2, 1996 Workshop Meeting.
Attachments
cc: Valerie F. Settles, City Attorney
Kathryn M. O'Halloran, City Clerk
OPTION A
If Question #1 is placed on the ballot in 1997 only:
Shall the Mayor be elected by the electorate for two year terms.?
1997
- 3 Councilmembers are elected in 1997 to two year terms to 1999
- Question #1 passes (Mayoral elections will begin in 1999 when the 3 elected in 1997
come up for re-election)
- City Council still elects a Mayor from among its members for 1 year
1998 - 2 Councilmembers are elected in 1998 to two year terms to 2000
- City Council again elects a Mayor from among its members for 1 year
1999
- 3 Council positions open up from members elected in1997
- 2 Councilmembers are elected in 1999 to two year terms to 2001
- Mayor is elected by the electorate to one year term to 2000 :..
2000 - 2 Councilmembers are elected in 2000 to two year terms to 2002
- Mayor is elected by the electorate to two year term to 2002
2001 - 2 Councilmembers are elected in 2001 to two year terms to 2003
2002 - 2 Councilmembers are elected in 2002 to two year terms to 2004
- Mayor is elected by the electorate to two year term to 2004
2003 - 2 Councilmembers are elected in 2003 to two year terms to 2005
2004 - 2 Councilmembers are elected in 2002 to two year terms to 2006
- Mayor is elected by the electorate to two year term to 2006
Under this scenario, elections are held each even numbered year to elect 2 Councilmembers and
Mayor and each odd numbered year to elect 2 Councilmembers - this formula will work with
question 2 if necessary.
OPTION B
If Question #2 is placed on the ballot in 1997 only:
Shall City Councilmember terms be four years and shall city elections be held every other
year in even numbered years ?
1997 - 3 Councilmembers are elected in 1997 to two year terms to 1999
- Question #2 only passes
1998 - 2 Councilmembers are elected in 1998 to two year terms to 2000
1999 - 3 Councilmembers are elected in 1999 to three year terms to 2002
2000 - 2 Councilmembers are elected in 2000 to four year terms to 2004
2002 - 3 Councilmembers are elected in 2002 to four year terms to 2006.~.
2004 - 2 Councilmembers are elected in 2004 to four year terms to 2008
Elections are held every even numbered year to elect either 2 or 3 Councilmembers to four year
terms
Council will continue to elect Mayor for one year terms.
OPTION C
,/,f Questions ltl and #2 are placed on the ballot in 1997
Itl - Shall the Mayor be elected by the electorate for two ~tear terms?
#2 - Shall City Council terms be four ~tears and shall citw election be held eve~ other year
in even numbered ~,.e. ars?
1997
- 3 Councilmembers are elected in 1997 to two year terms to 1999
- Questions/ti and #2 pass
- Council will elect a Mayor for one year term
1998 - 2 Councilmembers elected to two year terms to 2000
- Council will elect a Mayor for one year term
1999 - 2 Councilmembers elected to three year terms to 2002
- Mayor elected by voters to 1 year term to 2000
2000 - 2 Councilmembers elected to four year terms to 2004
- Mayor elected by voters to two year term to 2002
2002 - 2 Councilmembers elected to four year terms to 2006
- 1 Mayor elected by voters to two year term to 2004
2004 - 2 Councilmembers elected to four year terms to 2008
- Mayor elected by voters to two year term to 2006
Elections are held in each even numbered years for two Council for four year terms and one
Mayor for two year terms.
OPTION D
If Question #1 is placed on the ballot in 1997 and Question #2 is placed on the ballot in
1998
1997 - #1 - Shall the Mayor be elected .by the electorate for two year terms?
1998 - #2 - Shall City Council terms be four years and shall city elections be held every
other year in even numbered year. s?
1997
3 Councilmembers are elected in 1997 to two year terms to 1999
Questions #1 passes
Council will elect a Mayor for one year term
1998
- 2 Councilmembers are elected in 1998 to two year terms to 2000..
- Question #2 passes
- Council will elect a Mayor for one year term
1999 - 2 Councilmembers elected in 1999 for three year terms to 2002
- Mayor elected by voters for one year term to 2000
2000 - 2 Councilmembers elected in 2000 for four year terms to 2004
- Mayor elected by voters for two year term to 2002
2002 - 2 Councilmembers elected in 2002 for four year terms to 2006
- Mayor elected by voters for two years to 2004
2004 - 2 Councilmembers elected in 2004 for four year terms to 2008
- Mayor elected for two years to 2006
Elections are held every even numbered year for 2 Council for four year terms and Mayor for
two year term.
Should question #1 (Mayor elected for two year terms) pass in 1997 and #2 (four year terms and
election in even numbered years) fail in 1998 use the formula in OPTION A
OPTION E
Should question #1 fail in 1997 and t52 passes in 1998 use the following f0 ,rmula:
1998 - 2 Councilmembers are elected in 1998 to two year terms to 2000
- Question #2 passes
1999 - 3 Councilmembers are elected in 1999 to three year terms to 2002
2000 - 2 Councilmembers are elected in 2000 to four year terms to 2004
2002 - 3 Councilmembers are elected in 2002 to four year terms to 2006
2004 - 2 Councilmembers are elected in 2004 to four year terms to 2008
Elections are held every even numbered year to elect either 2 or 3 Councilmembers to four year
terms.
Council will continue to elect Mayor for one year terms
96.009
96.021
96.026
PENDENG LIST
COUNCIL ITEMS NOT COMPLETED
Last Update 9/26/96
Riverfront Task Force (see 95.175) Membership Appointment (Vice Mayor
Corum) - 1/10/96 agenda - deferred to 1/17/96 workshop - John Hill gave
presentation on creation of a master plan - Council consensus for board w/5
members - 2 alternates - City Attorney to develop rules of procedure ~ Council
~ve names for ratification at 1124/96 meeting - district rr east to river - no. to so.
city limit - 1/24/96 agenda - appoint members - City Manager submitted five names
selected by Council members and received authority to select two at large
members - on 3/13/96 agenda for final direction re: appointments - Tommy
Thompson appointed at-large member - Stanley Krulikowski appointed at-large
CATF member - switch Bennett and Moore membership affiliations -
RESOLUTION NO. K-96-43 - Establish Theme for Pdverfront - "Old Florida
Fishing Village" - third revision adopted - use this number f6r 96 Riveffront
Committee matters
RESOLUTION NO. R-96-12 - Amending Airport Field Rules Section V - Parking
and License Form - RESOLUTION NO. R-96-13 - Rescind Sebastian Aero
Services Parking Agreement - 1/24/96 agenda - postponed to 2/14/96 - City
Manager to notify tenants - not on 2/14/96 - update report at 6/26/96 meetine on
pending list - City Manager to address
SEBASTIAN LAKES (I,ENNAR/PTC) MATTERS - RESOLUTION NO. R-96-
20 - Preliminary Development Plan Sebastian Lakes Unit One - Tracts A and B -
RESOLUTION NO. R-96-23 - Amendment to Development Agreement -
Sebastian Lakes Associates/City of Sebastian (see 93.085) - 2/14/96 agenda - R-
96-20 adopted as amended w/all conditions - R-96-23 continued to 2/28/96 - O-
96-09 1st reading approved 2/16/96 - ph set for 2/28/96 - hearings on R-96-23 and
0-96-09 continued to 3/13/96 - hearings continued to 3/27/96 at request of Howse
- hearings continued to 4/10/96 at request ofHowse - R-96-23 and 0-96-09
adopted - documents not yet returned - discussion at 6/26/96 meeting on p.¢nding
list - Manager report - 8/14/96 review of pending - City_ Manager said he received
a fax today and stated this item was progressing to a final agreement to allow the
project to move ahead
I
96.032 Airport Master Plan - Greiner Supplemental #2 - Deferred to this Meeting fi.om
I 12/20/95 (see 95.041) - 2/14/96 agenda ~ not addressed - 2/16/96 approved -
Appropriate $68,500 from Airport Enterprise Fund - Contract and Bid Award -
Airport Drive West (Phase I) - Henry Fischer and Sons Leasing, Inc. -
I $176,544.65 - 4/24/96 agenda ~ approved - 8/14/96 agenda - Runway 4-22 bid
award - Martin Paving - deferred to 8/28/96 - 8/28/96 agenda - Bid Contract
award to Martin Paving for Runway 4-22 construction ~ Blackhawk Quarry
I Company of Florida, Inc. - Use of Cemented Coquina Rock on Runway 4-22
Reconstruction - Presentation by Representatives of Blackhawk Quarry re: use of
coquina rock - 9/25/96 agenda - City Manager to reouest FDOT anal C.n'eincr
I representation at 10/9/96 recmlar meetin~ -
i 96.033 ORDINANCE NO. 0-96-07 - Employee Career Service System - 1st Reading, Set
Public Heating 3/13/96 - 2/14/96 agenda - tabled to 2/28/96 at reouest of City
Attorney - deferred at retmest of CRv Manager at 2/28 meetinefo~' further review -
6/16/96'C~tv Manaeer retiort - ordin~mce fo~hcomin~ 8/i 4/96_-nendin~t list review-
I city Manager said is done but that he wanted t~rior to
dt~cument
sta'ff review
brinc, in~ it to Council. ~ -
I 96.035 Indian River County Recreation Department Agreement (see 95.217) - 2/14/96
agenda - removed from agenda for workshop - at 2/16/96 meeting discussion of
I scheduling it for 3/20/96 - 2/28/96 meeting Firtion announced IRC will delete
BSSC fi.om proposal -Recreation Committee ~ 6/10/96 agenda- City Manager to
set uo workshoo with IRC Recreation and all recreation m-oum - sa~e re~o~ at
· 6/26196 - 8/14/~6 r~endine list review- city Manager sai~ thi~will be add~-esSed
1
I 96.059 Sebastian Area Business Council - Request to Use Riverview Park for Business
Fair/Barbecue - 4/28/96 - 9 am to 6 pm - Consider Standard Condition No. 6 Re:
Sale of Handmade Goods Only - 3/27/96 agenda - date changed to 5/26/96 and
I asked for electricity - approved - staffto review rule 6 for r~ossible_revision
i 96.099 Mayor Cartwright - Police Department Building - 94.132 - 5/8/96 agenda - City
Manager authorized to contact Dr. Spaul to evaluate building - up to $5,000 - also
authorized to file suit against contractor or design professionals and to employ
expert witnesses i,f, he deems necessary - 8/14/96 pending list review - City
I Manager said RFP s have gone out and staffis awaiting responses to come back to
Council - 9/11/96 agenda - Appoint Consultant Selection Committee - Mechanical
Engineer Proposals - Police Department Building - City Manager, Purchasing
I Agent, Public Works Director, Police Chief and Member of City Council - Barnes
appointed - 9/25/96 Additional payment to Spaul - added to agenda and approved
I - Mechanical Engineers - added to agenda - ranking approved City Manager
directed to be~in negotiations wJtk//1 firm
I :
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96.112
96.122
96.123
96.125
96.127
96.131
RESOLUTION NO. R-96-46 - Authorizing Mayor to Execute Cost Share
Agreement with St. Johns River Water Management Agreement - Drainage
Management Plan - 6/5/96 agenda - adopted as amended - 6/10/96 - John Hill
presented final Stormwater Management System Conceptual Master Plan -
consensus to have Hill work with Clerk to schedule citizen input workshop and
then 6/27/96 workshop with Council - subsequent to meeting citizen workshops
were scheduled for 6/25, 7/12, and 7/17 - Council workshop to be rescheduled -
Hill presented stormwater master plan at 8/8/96 workshop - consensus to have
resolution drafted to formally approve plan_ staffto work on PW plan by end of
November and establish stormwater utility_ before end. of year with suflleient time
for review - Approve Resolution No. R-96-71 - Conceptual Stormwater Master
Plan Prepared by Craven Thompson & Associates - 9/25/96 agenda - adopted -
staffto prepare stormwater utility_ ordinance
Taracka Suggestion to Conduct Workshop to Obtain input from Middle and High
School Students on Recreation Needs - 6/10/96 - workshon to be scheduled -
8/14/96 pending list review - MrL Taracka said he should b6~mee~ing with Fran
Adamsin next couple of weeks
Disposition of Former Utilities Building - Main and U.S. 1 - 6/10/96 - ~
to work with combination of users - Sebastian River Area Historical Society_
working with Chamber of Commerce and Cornmuni~ Affairs Council - 8/14/96
pending list review - Mr. Taracka said Indian River Countv~had put out reflectors
and that this item can be removed from thelist - 8/14/96 pending list review - City.
Manager said he has met with the Historical Society. Chamber of Cornmerce and
has had priyate commercial inofliries.
Revise Code Re: Burning - 6/10/96 agenda - consensus to have City Attorney draft
three language amendment alternatives for review and selection - then to P & Z if
necessary - 8/28/96 workshop language selected - City Attorney to draft into
ordinance - 9/11/96 agenda - 1st reading - set ph- accepted on 1st reading - ~
1o/9/96
Airport Management/Manager - 6/10/96 - consensus that City Manager prepare an
airport needs assessment for budget workshop - Ci~ Clerk directed to ascertain
when airport lease charter amendment can go backon ballot - shereported -
Attorney will draft ordinance-March ballot - 10/2/96 workshop
Refine Code Re: City Council Expenses - 6/10/96 agenda- Cartwright suggested
all expenses be presented for payment within 60 days or before end of fiscal year -
Finance Director is working on a travel and per diem policy - City Manager to
review code - 8/14/96 Barnes requested this be 8/28/96 - establish policy like
employee policy ~ 8/28/96 agenda - staff directed to bring back ordinance
amending 2-34 and resolution establishin_~ travel expense policy
96.132
96.133
96.134
96.135
96.136
96.137
96.150
96.151
96.161
96.179
Revise Code Re: Council Appointed Committees - Term Limits, Interview
Procedures, Handling Complaints Against Board Members - 6/10/96 agenda - City
Attorney is reviewing procedures ~ 8/14/96 pending list review - Cartwri~t ~ need
to move on
Marina Purchase - 6/10/96 agenda - Cartwright recommendation for enterprise
fund - City_ Manager will report back
Economic Development Fund from Occupational Licenses - 6/10/96 agenda
Cartwright request 4 staffto research Martin Coun ~ty- method used and uses for
Civilian Review Board for Police Department - 6/10/96 agenda - Cartwright
request - City_ Manager to do some research and report, back
Wave Street - Alleviate Traffic from George Street - 6/10/96 agenda - Cartwright
recommendation to one way out and ooen another road in ~ -
Review City Charter - 6/10/96 - Camvright requested 0-96-01 four year Council
terms and 0-96-02 mayoral election on ballot as well as 0-96-04 airport leases
back on ballot - City Attorney to review - 8/14/96 pending list review - Charter
revisions - Magor Cartwright said thisi~needed by November the latest - 10/2/96
Resolution No. R-95-39 - Quasi-Judicial Procedures Review - 7/24/96 workshop
agenda - City_ Attorney to prepare two ordinances - one quasi procedures and one
land use matters - move informational testimony to be~nning of hearing
procedures list- 10/2/96 workshop
Telecommunications Act Overview - 7/24/96 workshop agenda - carded and
added to 7/24/96 agenda - cable forums scheduled to 8/21 and 8/29 to take public
comment - 8/21 will have to be rescheduled - IRC is using chambers for three
nights 8/20 - 8/22 -'item carded to 8/14/96 agenda ~ 1) rate regulation 2) franchise
renewal and extension - also cost of outside counsel - 9/11/96 agenda - Adopt
Resolution No. R-96-67 - Falcon Cable Franchise 60 Day Extension from 9/23/96
- adopted - u~e. thi~ number for Falcon cable matters
Complaints Regarding ATV's and Orange Grove Traffic - 7/24/96 agenda
Managerand Attomev~to report back
Reject Bid for On-Site Sewage Disposal System for Barber Street Sports Complex
South for Redesign - 8/28/96 agenda - recommendation to reject and redeai~n
approved
4
96.183
96.184
96.185
96.188
96.190
96.191
96.203
96.206
96.207
96.215
Adopt Resolution No. R-96-58 - Vacation of Easement - Lot 13, Block 180,
Sebastian Highlands Unit 8 - 8/28/96 agenda - adopted - Barnes requested letter
Adopt Resolution No. R-96-59- Vacation of Easement - Lots 22 & 23, Block
288, Sebastian Highlands Unit 10 - 8/28/96 agenda - adopted w/hold harmless
Adopt Resolution No. R-96-60 - Vacation of Easement - Lot 12, Block 580,
Sebastian Highlands Unit 17 - 8/14/96 agenda - adopted - Barnes requested letter
to DPR
Adopt Resolution No. R-96-63 - Conceptual Design for Walkway - East Side of
Indian River Drive - Authorize Staffto Submit to FDOT - 8/28/96 agenda -
adot~tedas amended - exhibit to reflect sidewalk change - stop at Floodtide~be_u~n
again north ofArchie Carr and continue to north eiw limit while city_ negotiates
with those property owners
First Reading Ordinance No. 0-96-24 -Parking in Residential Districts - Set
Public Hearing for 9/25/96 - 8/28/96 agenda - removed froti agenda for further
review and consolidation
First Reading Ordinance No. O-96-25 Mini Storage Facilities in PLrD-C (Planned
Unit Development - Commercial) and IN (industrial) - Set Two Public Hearings
for 9/11/96 and 9/25/96 - 8/28/96 agenda - first reading accepted - phs set 9/11 &
9/25/96 - 1st hearing conducted - 2nd hearing 9/25/96 - adopted' iltllff~!k~g~!~o_
revise in accordance with IRC ordinance
Construction Board - Interview and Appoint Alternate Concerned Citizen - to Fill
Unexpired Term Vacated by Harold Smith - Term to Expire 9/30/88 - Board
Recommends John Hearne - 9/11/96 agenda - Heame appointed to other position
readvertise
First Reading of Ordinance No. 0-96-30 - Division of Single Lots - Set Public
Hearing for 10/9/96 - 9/11/96 agenda - accepted on 1 st reading - ph 10/9/96
Private Use of City Owned Property or Interests - 9/25/96 Workshop - discussion
Cornerstone request for 2 city properties - council consensus for exchange - City
Manager to bring back further info on this at 10/9/96 meeting, schedule later
workshop_to address use of other ci~ properties - consensus to have
Chamber/Historical Society use building US 1 and Main
Reschedule November and December City Council Meetings - 9/25/96 Agenda -
scheduled but subsequently Halloran and Taracka unable to attend 11/6 - 10/2/96
review, schedule again and place on 10/9/96 for formal approval
95.012 Oberbeck Matters - Special Use Permits - 1/11/95 agenda - discussion - requested
City Manager to bring back proposal for defining "temporary" and upgrading
permit fees - 10/4/95 workshop agenda - staffto review and report on actual costs
for armlications and City Attorney, to draf~ resolution imt>osine $1000 bond -
6/26}9~6 City tanager r-et~ort - hi I1 brine back staff'reo~rt on'ce schedule- does
not a~ee w~ith bond - - '
95.075 Grant of Easement - Barber Street (Formerly Stratton Avenue) - Nelson Hyatt to
City of Sebastian (see 92.040) - 4/12/95 agenda - postponed to 4/26/95 - not ready
for 4/26/95 r~er~Ci~ Manager - 6/26/96 report - former City Attorney workin~on~
95.152 Approve Contract with Florida Department of Environmental Protection - Florida
Recreation Development Assistant Program Grant - Upgrade Schumann Tennis
Courts - 9/13/95 agenda - apt~rov~d~need to bid t>roiect
95.211 Sebastian Panthers - Barber Street Sports Complex ExpansiBn and Schumann
Football Field - 11/15/95 agenda - carded to 12/6/95 - presentation - Firtion
recommended using funds saved from BSSC sidewalk project to install restroom
facilities - Neuberger volunteered to look at lights - Ci~ Managea' requested a
~ - 6/26/96 ret~ort - lights in ut>comin~ budget, discussed ¢oot~erative
a~reements to obtain financin~ for restrooms '
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