HomeMy WebLinkAbout01131999 City of Sebastian
1225 Main Street D Sebastian, Florida 32958
Telephone (561) 589-5330 0 F~x (561) 589-5570
E-Mail: cii~seb~iu.net
SEBASTIAN CITY COUNCiL
AGENDA
REGULAR MEETING
WEDNESDAY, JANUARY 13, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediate~ before 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/MOMENT OF SILENCE
4. BOLL CALL
5. P, GENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a majoriO~ vote of Ci~ Council members (R-97-21)
6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
99.o01 A. Proclamation - Arbor Day 1/15/99 - Accepted by Col. Carl Behr
99.002 B. Proclamation - County Sweep Day 1/23/99 - Keep Indian River Beautiful - Accepted by Walter
Barnes
98.215
99.003
99.004
9.
10.
ITEMS DEFERRED FROM 12/16~98 REGULAR MEETING
A. Request for Temporary Civil Engineer Through End of Fiscal Year 1999 w/Funding from Capital
Improvement Program Funds - Postponed from 12/2/98 (Public Works Transmittal 12/9/98,
Justification)
B. (~ITY COUNCIL MATTER~
1. Mr. Chuck Neuberger
2. Mr. Larry Paul
3. Mayor Ruth Sullivan
4.. Vice Mayor Martha Wininger
5. Mrs. Louise Cartwright
CITYATTORNEY MATTERS
CITY MANAG. I~R MATTERS
~QNSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council so requests;
in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 12/16/98 Regular Meeting, 12/30/98 Special Meeting
B. Approve Use of Riverview Park by County Recreation Department for Annual Easter Egg Hunt on
4/3/99 (City Manager Transmittal 12/9/98, Burdick Letter)
C. Approve Use of Community Center by Freeman for Birthday Party on 1/30/99 from 6 pm to 10 pm
with A/B - Security Paid and Age Verified (City Clerk Transmittal 12/15/98, Application)
11.
99.005/98.220
12.
99.006/98.210
99.006/98.210
PUBLIC HEARING
Procedures for public hearings: (R-97-21)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· StaffPresentation
o Public Input - Limit ofTen Minutes Per Speaker
· StaffSummation
° Mayor Closes Hearing
° CouncilAction
Anyone [Fishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for
the Record
~qon~l R~a~ling. Publi~ H~aring ~d Final Adgption of Ordinance_No. 0-09-01- Exchange of
Property with Louisiana Property Owner -Schedule Public Hearing for 1/13/99 (City Manager
Transmittal 1/7/99,0-99-1, 4/1/98 $tlrgey, Legal l)¢~rJptjolls. V~.tlrrankv D~¢~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING A PUBLIC
NEED FOR A LAND SWAP; AUTHORIZINO EXCHANOE OF SAID LANDS; SETTING THE TERMS AND
CONDITIONS OF SAID EXCHANGE; PROVIDINO FOR SEVERABILITY; AND PROVIDING FOR AN' EFFECTIVE
DATE. (lst Reading 12/16/98, Advertised Legal 12/30/98, Public Heating 1/13/99)
QUASI-JUDICIAL HEARING
(Procedures Listed on Back ora genda)
Second Reading, Quasi-Judicial Hearing and Final Adoption of Ordinance No. 0-98-22 - Small
~¢ale Comprehen$iv~ La~d Use Plarl Amendment- F_i$..ch.er Pr. op~rl~' U.~q. Highway One (Growth
Manag~mer~t Director Tronsmitta112/21198, Appli~:A~iQIkLg~:~tiOr~ M_~p. StaffRe~orLl'&Z
Recommendation)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL
SCALE AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FLrrURE LAND USE MAP TO
IN (INDUSTRIAL) FOR LAND CONSISTING OF 1.85 ACRES, MORE OR LESS, LOCATED AT 10900 U.S. HIOHWAY
1, IN THE EAST CENTRAL PORTION OF THE CITY, WEST OF U.S. 1, AND EAST OF FEC RAILROAD RIGHT-OF-
WAY; FINDING THAT TIlE COMPREHENSIVE PLAN AMENDMENT QUALIFIES AS A SMALL SCALE
AME31DMENT UNDER FLORIDA STATUTES SECTION 163.3187 (I) (C); PROVIDING FOR COPraS OF THE SMALL
SCALE AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS REQUIRED BY FLORIDA STATUTES
SECTION 163.3184 (7); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (First Reading
12/16/98, Advertised Display I/6/99, PH 1/13/99)
~;~orl~l R~ading. Qlla~rJu~oal H~0ringaln0 Fir~al Adol~tions~f Ordinance3Io~ O-98-23 - Rezoning
Fjscher Properly U.S. Highway One (Corowth Manag~men[ Tr~msmitt~l 12/21/98, 0-98-23,
Application, Map, Staff Report, P & Z Recommendation)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN
PROPERTY LOCATED AT 10900 U.S. HIGHWAY I CONTAINING 1.85 ACRES MORE OR LESS, FROM COR
(COMMERCIAL OFFICE RESIDENTIAL) TO IN (INDUST~); PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DAIE. (First Reading 12/16/98, Advertised Legal 12/30/98, PH 1/13/99)
13.
14.
99.007
99.008
99.O09
15.
16.
99.011
99.012/97.156
99.013
99.014/98.027
99.015/98.025
INTRODLICTION OF NEW BUSINESS FROM THE PUi~LIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required -
limit often minutes for each speaker
COMMITTEE REPORTS/RECOM3I~I~I)ATI ONS
Construction Board
1. Recommendation to Remove Billy Doyle from Board for Non-Attendance in Accordance
with Section 2-173 of the Code of Ordinances (Building Dept. Transmittal 12/17/98,
11/17/98 Minutes, 2-173)
Planning and Zoning Commission
1. Accept Resignation of Carl Fischer (City Clerk Transmittal 1/4/99, Resignation Letter)
Ke~:reation Advisory Board
1. Recommendation to Remove Randall Snyder from Board for Non-Attendance in Accordance
with Section 2-173 of the Code of Ordinances (Public Works Transmittal 12/22/98,
12/21/98 Minutes, 2-173, 2-213)
OLD BUSINESS - None
BUSINESS
A. Discussion of Salary increase for City Clerk (City Clerk Memo)
B. Mayor's Fact Finding Committee on Six-Laning of US 1 (Requested by Mayor Sullivan)
First Amendment to Agreement Between Brevard Teaching & Research Laboratories and City of
Sebastian for Water Quality Monitoring - Authorize City Manager to Execute (Public Works
Transmittal 1/6/99, Amendment and Exhibit A)
Approve Contract with Brevard Teaching & Research Laboratories and City of Sebastian to Conduct
Education Program - Authorize City Manager to Execute Contract for $48,400 w/Funding from
Stormwater Grant (Public Works Transmittal 1/6/99, Agreement)
Approve Renewal of Annual Materials Contracts with Fischer and Sons and Blackhawk Quarry for
Second and Final Year (Public Works Transmittal 12/31/99, Hill Memo 12/30/98, Agreement Page,
1st Contract Extensions)
Approve Work Orders I through 3 of C.R. McLellan Annual Culvert Replacement Contract in the
Amount of $30,121.30 (Public Works Transmittal 1/7/99, Work Orders 1, 2, 3)
Go
Adopt Resolution No. R-99-2 - Final Plat for Fischer Lake Island Subdivision - Phase I (Public
Works Transmittal 1/5/99, R-99-2, Final Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL
PLAT FOR A SUBDIVISION KNOWN AS FISCHER LAKE ISIJkND PHASE I, PROVIDING FOR REPEAL OF
RESOLLrrIONS OR PARTS OF RESOLUTIONS iN CONFLICT I-IEREWII~ PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
99.017 H.
Adopt Resolution No. R-99-3 Vacation of Easement Pinder - Lots 3, 4, 5 & 6, Block 187, Sebastian
Highlands Unit 8 (Growth Management Transmittal 1/6/99, R-99-3, Application, Site Map, Staff
Report, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrlqTY, FLORIDA, VACATING CERTAIN
EASEMENTS OVER LOTS 3 THROUOH 6, BLOCK 187, SEBASTIAN HIGItlJuN'DS UNIT 8; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDINO FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
99.018/98.157 I.
Approve Supplemental Agreement # 11 with Masteller and Meier for Stonecrop Dam Replacement
Design in the Amount of $43,790 (Public Works Transmittal 1/4/99, Supplemental Agreement)
17.
ADJOURN (All meetings shall adjourn at l O: 30 p. m. unless extended for up to one half hour by a majority
vote of City Council)
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE 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
TO BE HEARD. (286.0105F. 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 $89-$330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for ali Government Meetings.
Upcoming Meetings;
· RegularMeeting- Wednesday, 1/27/99- 7pm
° RegularMeeting- Wednesday, 2/10/199- 7pm
· RegularMeeting- Wednesday, 2/24/99- 7pm
· Regular Meeting - Wednesday, 3/10/99 - 7pm
° SpecialMeeting - Monday, 3/15/99 - 7 pm (Election Matters)
· RegularMeeting- Wednesday, 3/24/99- 7pm
Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-97-46):
Mayor/Presiding O.~cer Opens Hearing and Outlines Rules
CiO, Jttorney reads Ordinance or Resolution (if Applicable)
· If Requested by Affected ParO, - Clerk/Secretary Administers Oath to Other Affected ParO;(ies) Who Intend to Testify
° For Non-Land Use Matters - Disclosure of Ex-Parle Communication
· Applicant Presentation - Uninterrupted 15 Minutes
· Inquiry of Applicant or Applicant's IFitnesses by Council/Board (or Staffor Applicant or Other Affected Parties through Mayor or Presiding
O~cer)
° Staff Presentation - Uninterrupted 15 Minutes
· Inquiry of Staffby Council/Board (or Applicant and/or Other Affected Parties through Mayor or Presiding Officer)
· Proponents' Testimony - Up to 15 Minutes (these are affectedparties)
· Inquiry of Proponents by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or Presiding Officer)
· Opponents' Presentation. Uninterrupted 15 Minutes (these are affectedparties)
· Inquiry of Opponents or Opponent '$ Witnesses by Council/Board (or Staffor Applicant or Other Affected Parties through Mayor or
Presiding O.~fi c er)
· Opening of Informational Testimony - Any Member of Public with Information or Need for Clarification - 3 Minutes or 10 Minutes if
Representing Groups of 5 or More
· Inquiry of Informational Witnesses by Council/Board
° Closing of Public Information Period- No Additional Public Comments Allowed Except in Response to Council/Board Questions
· Applicant's RebuttalPresentation - 10 Minutes (Affected Parties or StaffMay Request to be Allowed to Point Out Errors of Fact or Ask
Questions of Applicant or Applicant IFitnesses)
° $taffResponse and Summary - 10 Minutes (Response to Applicant, Proponents, Opponents or Informational }Vitnesses. Affected Parties
May Request to be Allowed to Point Out Errors of Fact or Ask Questions of Staff or Staff FFitnesses)
· CiO, Council/Board Inquiry of Applicants, Proponents, Opponents or Staff Member
Close Hearing Upon Completion of Testimony
· Act Upon Application
Persons who desire to make a presentation or present information or comment on an application or item must register with the CiO, Clerk or Board
secretary prior to the time in the meeting at which such item is to be heard in accordance with R-97-21. (meeting procedures)
Otffected Parties are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statut~ A homeowners or property owners association
whose members include an affected parO, shall be granted affected parO, status by the CiO, Council/Board provided the association has been
established pursuant to Florida Law. A cer#ficate of good standingfPom the Florida Secretary of State's o.~Tce and a resolution of the board of the
association authorizing said representation shah be filed with the CiO, Clerk's ojl~ce prior to the enti(y's request to be granted affected parO, status.
Affected Parties May Request Extension of Time from CiO, Council/Board and may object to the introduction of any evidence, whereupon, the
presiding o.l~cer may rule upon the objection to the admissibiliO, of any evidence. The CiO, Council/Board members may a.l~rm or overrule the ruling.
Persons addressing Council/Board shah identify any educational, occupational or od, er experience which may be relevant to the matter.
Disclosure of ex-parle communication in land-use ,tatters is not required and such non.disclosure shah not be deemed prejudicial to the decision of
the CiO, Council/Board. AH decisions of the CiO, Council/Board on land use matters must be supported by substantial, competent evidence in the
record pertinent to the proceeding, irrespective of such communications.
A person who appears before the decision making body who is not an affectedparo' may be allowed to testify before the decision making body, may be
requested to respond to questions from the decision making body but need not be sworn as a witness and is not be subject to cross-examination and is
not required to qualify as an expert witness. The decision making body shall assign weight and credibility to such testimony as it deems appropriate.
\wp-min\quasi.pro
99.005/98.220
PUBLIC HEARING SIGN-UP SHEET
JANUARY 13, 1999
Ao
Second Reading, Public Hea. ril~g and Final Adoption of Ordinance No. O-99-01- E~hange 0f
Prope~ with Louisiana Prope_~y_Qv~r -~' ......... ~ 71 ~ ...... ~, (City Manager
Transmittal 1/7/99.0-99-1, 4/1/98 Survey, Legal De~rip~i0~. Warranty Deed}
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARINO A PUBLIC NEED FOR A LAND
SWAP, AUTHORiZJlqG EXCHANGE OF SAID LANDS; SEITINO THE TERMS AND CONDITIONS OF SAID EXCHANGE; PROVIDING
FOR SEVERABILITY; AND PROVIDINO FOR AN EFFECTIVE DATE. (lst Reading 12/16/98, Advertised Legal 12/30/98, Public Hearing
1/13/99)
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
99.006/98.210
QUASI-JUDiCIAL HEARING SIGN-UP SHEET
WEDNESDAY, JANUARY 13, 1999
SecondJ~eading. Quasi-Judicial Hearing and Fitlal Adoption of Ordinat~c¢
No. Q-98-22 - SrnaJ1 Scale Comprehensive Laod ~.a,~ Plan Amendment -
Fischer Property
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A
SMALL SCAI.~ AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND
USE MAP TO IN (INDUSTRIAL) FOR LAND CONSISTING OF 1.85 ACRES, MORE OR LESS, LOCATED
AT 10900 U.S. HIGHWAY 1, IN THE EAST CENTRAL PORTION OF THE CITY, WEST OF U.S. 1, AND
EAST OF FEC RAILROAD RIGHT-OF-WAY; FINDING THAT THE COMPREHENSIVE PLAN
AMENDMENT QUALIFIES AS A SMALL SCALE AMENDMENT UNDER FLORIDA STATUTES SECTION
163.3187 (1) (C); PROVIDING FOR COPIES OF THE SMALL SCALE AMENDMENT TO BE
TRANSMITTED TO ALL PARTIES AS REQUIRED BY FLORIDA STATUTES SECTION 163.3184 (7);
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH:,
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (First Reading 12/16/98,
Advertised Display 1/6/99, PH 1 / 13/99)
Persons who desire to make a presentation or present information or comment on an application or item must register with the
Cio' Clerk or Board secretary prior to the time in the meetbtg at which such item is to be heard in accordance with R-97-21.
(meeting procedures)
~tffected Parties are the Applicant, Cite Staff and Persons Entitled fo Notice Under ~ode or Statute A homeowners' or property
owners' association whose members include an affected parO~ shah be granted affected parO, status by the CiO, Council/Board
provided the association has been established pursuant to Florida Law. ~1 certificate of good standing from the Florida Secretary
of State's o.~ce and a resolution of the board of the association authorizing said representation shah be f fled with the CiO, Clerk's
o~ce prior to the entio' 's request to be granted affected paro' status.
A person who appears before the decision making body who i.~ !tot an affectedjJartv may be allowed to testify before the decision
making body, may be requested to respond to questions from the decision making body but need not be sworn as a witness and is
not subject to cross-examination and is not required to qualify as an expert witness. The decision making body shah assign weight
and credibilio' to such testimony as it deems approprhtte.
Address
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Address
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Name
Address
99.006/98.210
QUASI-JUDICIAL HEARING SIGN-UP SHEET
WEDNESDAY, JANUARY 13, 1999
Second ]~eading, Quasi-Judicial Hearing and Final Adoption of Orflinance
No. 0-98-2:~ - Rezoning Fisher Property U.S. Highway One
AN ORDINANCE OF THE CITY OF SEBASTIAN, IlxIDIAN RIVER COUNTY, FLORIDA, REZONING
CERTAIN PROPERTY LOCATED AT 10900 U.S. HIGHWAY 1 CONTAINI/qG 1.85 ACRES MORE OR LESS,
FROM COR (COMMERCIAL OFFICE RESIDENTIAL) TO IN (INDUSTRIAL); PROVIDING FOR REPEAL
OF ORDIlqANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (First Reading 12/16/98, Advertised Legal
12/30/98, PH 1/13/99)
Persons who desire to make a presentation or present information or comment on an application or item must register with the
City Clerk or Board secretary prior to the time in the meethtg at which such item is to be heard itt accordance with R-97-21.
(meeting proeedures)
Affected Pat~ies are the App~tca~t. City Staff and I'frsons Entitled to Notice Under Code or ~tatute A homeowners' or property
owners' association whose members include an affected party shall be granted affected party status by the CRy Council/Board
provided the association has been established pursuant to Florida Law. ,4 certificate of good standing from the Florida Secretary
of State's o.l~ce and a resolution of the board of the association authorizing said representation shall he filed with the City Clerk's
o~ce prior to the entity 's request to be granted affected party status.
A person who appears before the decision making body who is not_~ affectedparO~ may be allowed to testify before the decision
malting body, may be requested to respond to questions from the decision making body but need not be sworn as a witness and is
not subject to cross-examination and is not required to qualify as an ,expert witness. The decision making body shall assign weight
and credibility to such testimony as it deems appropriate.
Name
Address
Name
Address
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INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
"New Business" as used herein, is defined as an item that has occurred
or was discovered within the previous six months
JANUARY 13, 1999 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERMSE ON THE
PREPARED A GENOA - LIMIT OF 10 MINUTES PER~.~KER C--"'... ~ ,,
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
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Address:
Subject:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JANUARY 13, 1999 - 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.
There was a moment of silence.
ROLL CALL
City Council Present:
Mayor Ruth Sullivan
Vice Mayor Manha Wininger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Larry Paul
Staff Present:
City Manager, Thomas Frame
City Attorney, Rich Stringer
Public Works Director, Terry Hill
Chief of Police, Randy White
City Engineer, Martha Campbell
Growth Management Director, Tracy Hass
Hman Resources Director, Rich Samolewicz
Deputy City Clerk, Sally Maio
Information Specialist, Ann Rousseau
augUlar City Council Meeting
ary 13, 1999
age Two
99.001
99.002
98.215
AGENDA MODIFICATIONS {ADDITIONS AND/OR DEI~I~TIONS)
Items not on the written agenda may be added only upon a majority vote of City Council members (R-97-2D
None.
PROCLAMATIONS. ANNOUNCEMENTS.~ND/OR PRESENTATIOI~$
A. Proclamation - Arbor Day 1/15/99 - Accepted by CoL Carl Behr
Mayor Sullivan read and presented a proclamation to Col. Carl Behr.
Proclamation - Cottgty ~veep D~ 1/23/99 - Keel~ !~clian River Beautiful - Accepte0 bY Walter
Bam¢~
Mayor Sullivan read and presented a proclamation to Walter Barnes.
I~EMS DEFERRED FROM 12/16/98 REGULP~R_MI~ETING
Request for Temporary Civil Engineer Through End of FJ~a~al Year 1999 w/Funding from Capital
Improvement program Funds - Postponed from 12/2/98 (Public Wo~s Transmittal 12/9/98,
Justificatign)
Following input from the City Manager and City Engineer, motion was made.
MOTION by Sullivan/Cartwright
I move to authorize the City Manager to hire a Civil Engineer on a temporary basis through
the end of FY99 and at the completion of the work a report be made to the Council the total number
of hours worked, the position pays $15.17 per hour with a cap of $30,000 a year.
MOTION amended by Sullivan/Cartwright
I would amend my motion to requesting quarterly reports.
VOICE VOTE on the amendment carried 5-0.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Neuberger - nay
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
MOTION CARRIED 4-1 (Neuberger - nay)
City Council Meeting
13, 1999
~age Three
B. ~ITY COUNCIL MATTERS
1. Mr. Chuck Neuberg~r
Expressed concern about speeding on CR 512
Expressed concern for people parking on sidewalks and asked that state law prohibiting it be
enforced
Expressed concern for people using the south exit of Discount Auto and heading east on
westbound CR 512
Inquired about status of mower warranties, to which the City Attorney reported he could
report back with litigation estimates
Stated the new auto repair business on US I is not compatible with the Riverfront District
Inquired about cement bumps on Indian River Drive
2. Mr. Larry Paul
Requested better police patrol on Skyline Drive for speeders
Inquired about the status of street lights on the west side of Indian River Drive, to which the
City Manager responded he has requested that FPL turn offsome of them temporarily to
determine which are needed. It was suggested that those near the boat ramp on Main be left
on.
Inquired about the proposed sidewalk on Indian River Drive, to which the City Manager
responded construction will begin shortly
TAPE I - SIDE II (7:50 p.m.)
3. Mayor Ruth Sulliyan
Requested that clergy be invited to give City Council meeting invocations.
4. Vice Mayor M0rtha WinJnger
Inquired about possible city liability relative to Cornerstone selling lots in the City without
improvements completed, to which the City Manager responded permits could be withheld
until improvements are completed and the City Attorney stated the City would have no
liability
Requested an agenda item relative to base flood elevations and the City Manager suggested
February 10, 1999
Suggested policy on lot clearing along the shoreline be included in the Land Development
Code, to which the City Manager suggested it be included at time of LDC amendment which
Solin is working on
Suggested that police officers patrolling note street lights out or bring them to the attention
of Public Works
Suggested that a provision requiring loaner mowers during downtime be added to future bid
contracts
Tegular City Council Meeting
uary 13, 1999
ge Four
5. Mrs. Logi~ Cattwright
Suggested that research be done to determine the date of the City's incorporation since the
Community Map states 1924 and this may be the City's 75th Anniversary, which would be
an opportunity to plan some events
8. CITY ATTORN~I~Y MATTERS
Stated he will bring a resolution to Council authorizing execution of a deed relative to the auction and
sale of the airport property to Onsite Management for Collier Club
Reviewed two Attorney General opinions he had distributed on the sunshine law and candidates'
forums
Stated that comprehensive land use plan amendments were found by the Supreme Court to be
legislative rather than quasi-judicial, and recommended that the two public hearing items listed under
quasi-judicial tonight be held jointly but voted on separately
9. CITY MANAGER MATTERS
Noted a City Manager advertisement he had distributed earlier
introduced Human Resources Director, Rich Samolewicz
Announced he had hired Mark Mason as the new Finance Director and said he had distributed his
resume
Suggested adding a two acre adjacent parcel to the property being sought for additional Riverfront
park property and said he would add it as a future agenda item. He was requested to bring back a
report on the taxable value of the property before he leaves.
Reported that he was now receiving interest in the skateboard committee
Said the Human Resources Director will be bringing information to Council relative to Charter
officer evaluations and that he will ask Council at the February 10, 1999 regular meeting to set the
workshop on the matter
Said figures for Applied Aquatic had been researched and the correct original contract price was
$29,340 and the new total with the change order will be $35,340.
10.
~ONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council so requests;
in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 12/16/98 Regular Meeting, 12/30/98 Special Meeting
99.o03
Approve Use of Riverview Park by County Recreation Department for Annual Easter Egg Hunt on
4/3/99 (City Manager Transmittal 12/9/98, Burdick Letter)
99.004
Approve Use of Community Center by Freeman for Birthday Party on 1/30/99 from 6 pm to 10 pm
with A/B - Security Paid and Age Verified (City Clerk Transmittal 12/15/98, Application)
Regular City Council Meeting
January 13, 1999
?age Five
11.
99,005/98.220
The City Manager read the consent agenda. The Deputy Clerk requested the addition of electricity
approval for item B as requeste~l in the County's letter.
MOTION by Paul/Neuberger
I move to accept consent agenda items A, B and C.
VOICE VOTE on the motion carried 5-0.
PUBLIC HEARING
Procedures for public hearings: (R-97-21)
· Mayor Opens tlearing
Attorney Reads Ordinance or Resolution
· StaffPresentation
· Public Input - Limit ofTen A.linutes Per Speaker
° StaffSunnnation
Mayor Closes H,:ar#tg
· Council Action
Anyone Wishing to Speak is Asked to Sign Up be. fore the Meeting, 197ten Called go to the Podium and State His or Her Name for
the Record
~¢cond Reading, Pnblic Hearing 3nd F~a[=Adoption of Ordinance No. O-99-01- Egchange of
Property with Logisjana Progerty Owner (City Manager tr~$llaj~;tal 1/7/99 ,O-99-1, 4/1/98 Survey,
Legal Descriptions, Warrant:~ Pecql)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARiNG A PLrBLIC
NEED FOR A LAND SWAP; AUTItORiZING EXCHANGE OF SAID LANDS; SETTING THE TERMS AND
CONDITIONS OF SAID EXCHANGE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (1 st Reading 12/16/98, Advertised Legal 12/30/98, Public Hearing 1/13/99)
The City Attorney read Ordinance No. 0-99-01 by title, and noted minor changes made (see revised
ordinance attached).
Mayor Sullivan opened the public hearing at 8:20 p.m., the City Manager gave a brief presentation
and, by virtue of there being no input, the hearing was closed.
MOTION by Wininger/Neuberger
I move to adopt Ordinance O-99-01 and authorize the exchange of said lands, with a
stipulation that Mr. Morrison pay $1.67 per square foot for 315.7 square feet yielding $527.22
payable to the City of Sebastian and to assume all recording costs.
ROLL CALL:
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
City Council Meeting
anuary 13, 1999
Page Six
Mayor Sullivan called recess at 8:24 p.m. and reconvened the meeting at 8:35 p.m. All members were
present.
12. QUASI-JUDICLAL HEARING
99.006/98.210
Se~:0nd Reading, Quasi-~licial Heating and Final Ad0.ptig~ of Ordinance No. O-98-22 - Steal!
Scale Comprehensive Land Use Plal~ Amendment - Fischer Pro~:rty U.S. Highway One (Growth
Management Director Ixaansmittal 12/21/98. Apl~lication, Location M~, Staff~e,,port, P&Z
Recommqnldation)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL
SCALE AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO
IN (INDUSTRIAL) FOR LAND CONSISTING OF 1.85 ACRES, MORE OR LESS, LOCATED AT 10900 U.S. HIGHWAY
1, IN THE EAST CENTRAL PORTION OF THE CITY, WEST OF U.S. 1, AND EAST OF FEC RAILROAD RIGHT-OF-
WAY; FINDING THAT THE COMPREHENSIVE PLAN AMENDMENT QUALIFIES AS A SMALL SCALE
AMENDMENT UNDER FLORIDA STATUTES SECTION 163.3187 (1) (C); PROVIDING FOR COPIES OF THE SMALL
SCALE AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS REQUIRED BY FLORIDA STATUTES
SECTION 163.3184 (7); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDIN(} FOR AN EFFECTIVE DATE. (First Reading
12/16/98, Advertised Display 1/6/99, PH 1/13/99)
e9.006/98.210
Second Readilag, Quasi-Judicial Hearing and Final Adoption of Ordinance No. 0-98_-29 - Rezoning
Fischer Property U._~, Highway One (Growth Management Transmittal 12/21/98, 0-98-23,,
Application, Map, Staff Report, P & Z Recommenc[ati0n)
AN ORDINANCE OF TI-LE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN
PROPERTY LOCATED AT 10900 U.S. t-IIGHWAY I CONTAINING 1.85 ACRES MORE OR LESS, FROM COR
(COMMERCIAL OFFICE RESIDENTIAL) TO IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE. (First Reading 12/16/98, Advertised Legal 12/30/98, PH 1/13/99)
The City Attorney stated, "What we have here is a comprehensive plan amendment and a rezoning
on the same parcel of land. The law considers the comprehensive plan amendment to be just a
regular public hearing, a legislative act, whereas, a rezoning is quasi-judicial. The main difference
there is both the burden on you, as far as upholding your decision, quasi-judicial you have to have a
good reason. You can't be capricious. If you have a policy reason for what you do and reasonable
people can disagree about whether or not you're right, then you are upheld. On a quasi-judicial, you
have to go on record evidence. Just opinion will not do it on quasi-judicial. It will on legislative.
However, if we have two different presentations and two different hearings, its a waste of everyone's
time and also its confusing. So I would recommend that I read both ordinances, we hold the public
hearing under oath, if people give opinion it will be up to you to realize what is opinion and what is
factual, but in truth, you get opinion in quasi-judicial anyway."
~,Regular City Council Meeting
lanuary 13, 1999
~age Seven
Mayor Sullivan opened the quasi-judicial hearing at 8:39 p.m.; the City Attorney read Ordinance
Nos. 0-98-22 and 0-98-23 by title only; and the Deputy City Clerk swore in all those who intended
to offer testimony.
Disclosure of ex-parte communication was as follows:
Mr. Neuberger spoke to Henry Fischer.
Mrs. Cartwright spoke to the Growth Management Director and Hemy Fischer.
Mr. Paul spoke to the Growth Management Director and Henry Fischer.
Mrs. Sullivan spoke to Henry Fischer.
Mrs. Wininger spoke to the City Attorney.
Attorney Warren Dill, representing applicant, Henry Fischer, addressed City Council and submitted a
handout entitled "Small Comprehensive Land Use Plan Amendment and Rezoning from COR to 1N
for Fischer Property, U.S. Highway One, Sebastian, Florida - January 13, 1999". He cited staffand
Planning and Zoning approval, stated that the proposed use is mini-storage, and requested approval
of the land use change and rezoning to industrial.
TAPE II - SIDE I (8:50 p.m.)
Mr. Dill reviewed the handout and officially entered exhibits A-1 through A-9 (see list of exhibits
attached) into the record.
Randy Mosby, Mosby and Associates, addressed City Council on the site plan that had been
previously submitted for the subject site.
Henry Fischer, Jr., addressed City Council, noting that if this is not approved he will be building an
office/apartment complex on the site, a use he stated was more ~affic intensive.
Richard Marco, 6522 River Run Drive, President of River Run of Sebastian, on behalf of the
property owners, objected to industrial zoning on U.S. I and its adverse effect on their residential
property, cited reasons, and said he was not against the proposed planned use.
Gerald Marvin, Jr., 6047 North River Run Drive, inquired about fencing.
The Growth Management Director noted the process began when the applicant submitted a site plan
for the mini-storage and discovered that proposed CG zoning for this site had not yet been adopted
nor had the Land Development Code been amended to allow rain-storage in CG zoning. He also
noted the City is awaiting Department of Community Affairs final approval of the Comprehensive
Land Use Plan amendment which changes this site to CG land use. He responded to Mr. Marco's
concerns and reconunended approval.
R~gular City Council Meeting
uary 13, 1999
e Eight
The City Attomey said there was no way to ensure that once zoned industrial the use could not
change to any allowed industrial use.
TAPE II - SIDE II (9:37 p.m.)
Mr. Marco suggested waiting for the land use and zoning to be officially changed to CG
(Commercial General) and then the mini-storage will be an allowed use. The Growth Management
Director responded that CG zoning is only a proposal at this time and has not been adopted.
The following opponents all concurred with Mr. Marco's objections:
Richard Pfleiderer, 6370 N. River Run Drive
Rolf Thorkelson, 6003 River Run Drive
Nancy Thorkelson, 6003 River Run Drive
Richard Pokriefke, N. 6033 River Run Drive
Olaf Miller, 6011 River Run Drive
Jim Canny, 6280 N. River Run Drive
Ed Dunfree, 6037 River Run Drive (submitted photos of existing industrial warehouses
adjacent to the subject property into the record as exhibits)
Harry Thomas, 654 Balboa Street, Sebastian
Gerald Marvin, Jr., 6047 N. River Run Drive
Mr. Dill stated the applicant will give a letter to the City agreeing to allow the City to rezone the
property back to CG when future land use and zoning are finalized.
TAPE III - SIDE I (10:22 p.m.)
In response to inquiries from Council, the City Attorney advised that there would be no legal basis to
bind the applicant to such an agreement; and that use variances are not allowed under the law. He
said mini-storage is planned to be included as a permitted use in the CG zoning district.
Mayor Sullivan closed the hearing at 10:28 p.m.
MOTION by Cartwright/Paul
I move to approve Ordinance 98-22.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - nay
Mrs. Wininger - nay
Mrs. Cartwright - aye
Mr. Neuberger - nay
MOTION FAILED 2-3 (Sullivan, Wininger, Neuberger - nay)
City Council Meeting
13, 1999
Sage Nine
MOTION by Sullivan/Neuberger
I would make the motion that based on the fact that the zoning is inconsistent with the
existing Comprehensive Plan, xve have no industrial zoning along U.S. 1 in Sebastian, and we
consider this an undesirable use in this area and that the City is now in the process of providing the
zoning that would probably, the petition could come back and request this use under, I would move
to deny the zoning change and adoption of Ordinance No. 0-98-23.
The City Attorney advised that it is a formality to deny the rezoning.
ROLL CALL:
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - nay
Mr. Neuberger - aye
Mr. Paul - nay
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
MOTION by Cartwright/Wininger
Due to the length of the remaining items on our agenda I move to adjourn.
Mayor Sullivan adjourned the meeting at 10:30 p.m.
THE FOLLOWING ITEMS WERE NOT ADDRESSED DUE TO LACK OF TIME AND WILL BE DEFERRED
TO THE JANUARY 27, 1999 REGULAR MEETING AGENDA: (Certain of the items were deferred to a Special
Meeting called by the Mayor for January 20, 1999)
13.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered withi, the previous six months which is not otherwise on the agenda - sign~up required -
limit often mhmtes for each speaker
14. COM~!TTEE REPORT$/RECOMMENDATION~
99.007
Construction Board
1. Recommendation to Remove Billy Doyle from Board for Non-Attendance in Accordance
with Section 2-173 of the Code of Ordinances (Building Dept. Transmittal 12/17/98,
11/17/98 Minutes, 2-173)
99.008
Planning and Zoning (;om_mission
1. Accept Resignation of Carl Fischer (City Clerk Transmittal 1/4/99, Resignation Letter)
99.009
Recreation Advisory Board
I. Recommendation to Remove Randall Snyder from Board for Non-Attendance in Accordance
with Section 2-173 of the Code of Ordinances (Public Works Transmittal 12/22/98,
12/21/98 Minutes, 2-173, 2-213)
15. OLD BUSINESS - None
16. NEW B~$!NE$S
99.010/98.211 A. Discussion of Salary Increase for City Clerk (City Clerk Memo, 12/16/9)
99.011
B. Mayor's Fact Finding Committee on Six-Laning of US 1 (Requested by Mayor Sullivan)
99.012/97.156 C.
First Amenchnent to Agreement Between Brevard Teaching & Research Laboratories and City of
Sebastian for Water Quality Monitoring - Authorize City Manager to Execute (Public Works
Transmittal 1/6/99, Amendment and Exhibit A)
99.013 D.
Approve Contract with Brevard Teaching & Research Laboratories and City of Sebastian to Conduct
Education Program - Authorize City Manager to Execute Contract for $48,400 w/Funding from
Stormwater Grant (Public Works Transmittal 1/6/99, Agreement)
99.014~8.027 E.
Approve Renewal of Annual Materials Contracts with Fischer and Sons and Blackhawk Quarry for
Second and Final Year (Public Works Transmittal 12/31/99, Hill Memo 12/30/98, Agreement Page,
1st Contract Extensions)
99.015/98.025
Approve Work Orders I through 3 of C.R. McLellan Annual Culvert Replacement Contract in the
Amount of $30,121.30 (Public Works Transmittal 1/7/99, Work Orders 1, 2, 3)
99.016/98.087 G.
Adopt Resolution No. R-99-2 - Final Plat for Fischer Lake Island Subdivision - Phase I (Public
Works Transmittal 1/5/99, R-99-2, Final Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL
PLAT FOR A SUBDIVISION KNOWN AS FISCHER LAKE ISLAND PHASE I, PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
99.017 H.
Adopt Resolution No. R-99-3 Vacation of Easement Pinder - Lots 3, 4, 5 & 6, Block 187, Sebastian
Highlands Unit 8 (Growth Management Transmittal 1/6/99, R-99-3, Application, Site Map, Staff
Report, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR.IDA, VACATING CERTAIN
EASEMENTS OVER LOTS 3 TiIROUGH 6, BLOCK 187, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING FOR
CONFLICTS HEREWITIt; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
99.018/98.157 I. Approve Supplemental Agreement # 11 with Masteller and Moler for Stonecrop Dam Replacement
//~ Design in the Amount of $43,790 (Public Works Transmittal 1/4/99, Supplemental Agreement)
',ity Clerk
Ruth Sullivan
Mayor
10