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Home My WebLink About03051997 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 13 FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, MARCH 5, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK . 1225 MAIN STREET, SEBASTIAN, FLORIDA 97.086 2. 3. 4. CALL TO ORDER PLEDGE OF ALLLEGIANCE ROLL CALL QUASI-JUDICIAL PIJI3[JC HEARING(S), FINAL ADOPTION (Procedures on Back of Agenda) Conduct Quasi-Judicial Public Hearing on Special Use Permit Apglication from Ronald AdarasQl~ fol' Car Wash, North U.S. 1 - Consider Adoption of Resolution No, 1~-_97-11 (CommurfiIy Development Director Transmittal 2/21/97, Px:97-11, Staff Report, Map, Appli~afi.on, Knight L~tt~r of Objection, 1982 EPA Guidance Doqul~?nt for Effluent Discharges) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING A CAR WASH IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. RONALD ADAMSON FOR A CAR WASH LOCATED ON US I NORTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 97.087 Conduct Qua~JrJudi¢i,a| Public Hearing on Fil~ch~ Island Preliminar7 Plat - Consider Adoption of Resolution No. R-97-12 (Community Development Director Tranamitt~121;21/97, R-97-12, Staff Report, Map, Application, Plat Under Separate Cover) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS FISCHER'S LAKE ISLAND SUBDIVISION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.088 Conduct Quasi-Judicial Public Hearing on Park Place Preliminary Development - Consider Adoption of Resolution No. R-97-13 (Community Development Director Trlm~mitt~l R-97-13, Map, Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR A PUD KNOWN AS LAKE DELORES A.K.A. PARK PLACE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.089 Conduct Quasi-Judicial Public Hearing on Park Place Final Plat - Consider Adoption of llesolution No. R-97-14 (Community Development Director Transmittal 2/21/97, R-97-14, Staff Report, Map, Application, Plat Under Separate Coves') A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PUD AND FINAL PLAT FOR A PUD KNOWN AS PARK PLACE, PLAT 1, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURN 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 VE~ATIM RECORD OF THE PROCEEDINGS IS MADE, WttlCtt RECORD iNCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMblODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetings : S£ecial Meeting (Swearing ln) -Monday, March 17, 1997 ~ 6pm Workshop - Wednesday, March 26, 1997 ~ 6pm or soon thereafter Regular Meeting - Wednesday, March 26, 1997 ~ 7 ptn or soon thereafter 2 Procedures for Quasi-Judicial Hearings a~ Follows (In accordance with R-96-87): · Mayor/Presiding Officer Opens Hearing and Outlines Rules · City Attorney reads Ordinance or Resolution (if Applicable) o If Requested by Party or Party Intervenor. Clerk/Secretary Administers Oath to Other Parties and/or Party Intervenors Who Intend to Testify · For Non-Land Use Matters - Disclosure of Ex-Parte Communication o Stafflnitial Presentation · Inquiry of Staffby Affected Parties through Mayor or Presiding Officer o Applicant Presentation - Uninterrupted 15 Minutes · Inquiry of Applicant or Applicant's Witnesses by Council (or Staff or Affected Parties through Mayor or Presiding Officer) ° Proponents' Testimony - 3 Minutes or 10 Minutes if Representing $ or More · Inquiry of Proponents by Council/Board · Opponents' Presentation - Affected Party Opponents 15 Minutes - Non-Affected Opponents 3 Minutes or 10 Minutes if Representing a Group of $ or More · Inquiry of Opponents or Opponent's Witnesses by Council/Board · 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 · StaffResponse and Summary - 10 Minutes (Response to Applicant, Opponents or Informational Witnesses - Affected Parties May Request to be Allowed to Point Out Errors of Fact or Ask Questions of Staff or Staff Witnesses) ° Applicant's Rebuttal Presentation - 10 Minutes (Affected Parties or StaffMay Request to be Allowed to Point Out Errors of Fact or Ask Questions of Applicant or Applicant Witnesses) · City Council/Boardlnquiry of Applicants, Opponents or Staff · Close Hearing and Formal Action Applicant, Staff and Affected Landowners Entitled to Notice Under any Statute or City Code are considered Affected Parties. Affected Parties May Request Extension of Time A person who appears before the decision making body who is not a party or party intervenor 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 3 City of Sebastian 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARiNG(S) WEDNESDAY, MARCH 5, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Cartwright called the Special Meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka StaffPreselat: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli City Planner, Tracy Hass Deputy City Clerk, Sally Maio Special City Council Meeting March 5, 1997 Page Two QUASI-JUDICIAL PUBLIC HEARING(~), FINAL ADOPTION (Procedures on Back of Agenda) 97.086 A. Conduct Quasi-Judicial Public Hearing on Speqial Use Permit Application from Ronald Adamson for Car Wash. North l,J~q~ ! - Consider Adoption of Resolution hJ0, R-97-11 (Comnlll~W Development Director Transjllittltl 2/21/97, R-97-11, Staff Report, Map~_Apl>licatiom ICalight Letter of Objection, 1982 EPA 0uidanc¢ Document for Effiuent_Discharg¢~) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING A CAR WASH IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. RONALD ADAMSON FOR A CAR WASH LOCATED ON US 1 NORTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Cartwright opened the hearing at 6:02 p.m.., the City Attorney read Resolution No. R-97-11 by title, and the City Clerk swore in all those who intended to offer testimony. The Director of Community Development presented staff report (see attached), recommended that the City Council find that the requested special use permit for a car wash is not detrimental to the public safety, health or welfare nor injurious to other properties or improvements within the immediate vicinity and the use requested is consistent with purpose and intent of the CG zoning district, and it is similar in nature and compatible with the uses allowed in the CG zoning district, with conditions as set out in the revised Resolution. Mayor Cartwright suggested a drive-through facility could be defined as a facility at which a vehicle remains running. Applicant Run Adamson, 580 Balboa Street, Sebastian, presented his request for approval of the special use permit for the car wash on the North U.S. 1 site. Todd Smith, P.E., Vero Beach, engineer of record for site planning on the project, addressed traffic issues citing the greater amount of trips that would be generated by other permitted uses on this site; discussed stormwater and effluent issues; noted that some communities allow car washes in CL districts; discussed sound and light issues; and said the applicant prefers to buffer with wood fence and vegetation rather than masonry. Special City Council Meeting March 5, 1997 Page Three The City Clerk swore in Jerry Wood, P.E., cited his certification and expertise in environmental with special interest in car wash permitting, having worked closely with Florida Department of Environmental Regulation in establishing criteria, discussed car wash effluent, permitting, etc. and responded to questions from City Council regarding the well, water reuse, and the granulated active carbon filtration system. TAPE I - SIDE II (6:50 p.m.) Mr. Adamson said use at~er dark falls off 95%, there is an emergency number to use after 5 pm, vacuums will be on the west side on US 1, and the reason for keeping the facility open is primarily for security purposes. Mr. Smith said he does not envision lowering the elevation of the site with the exception of the slab and stormwater area, expressed concern for buffer height above six feet, and said the building will be 12-13 feet in height. Keith Miller, 961 Riviera Avenue, Sebastian, said the adjacent property owner should not criticize when his property looks as it does. Richard Van Zyl, Richard's Jewelry, said he has made a lot of changes to his property, expressed concern about a car wash abutting residential, said he intends to develop his property into upscale commercial/residential and suggested the facility close at night. Claudia Chaplow, expressed similar concerns about this type of development along the riverfront and whether the zoning for this district was proper. She said Mr. Van Zyl intends to develop his property to mixed commercial and residential and that she intends to market the property for him. Keith Miller, 961 Riviera Avenue, Sebastian, again addressed City Council. Harry Thomas, 654 Balboa Street, Sebastian; inquired about the validity of the 1982 effluent information, and expressed concern for the welfare of the adjacent property owners. Mayor Cartwright closed the public information period at 7:22 p.m. The Director of Community Development reiterated his recommendation to approve Resolution No. R-97-11 as stated previously. Special City Council Meeting March 5, 1997 Page Four Harold Knight, from the floor, asked whether his letter would be read into the record. Mayor Cartrwright advised him the letter had been distributed to City Council members, is part of the official record and had been distributed to the press. TAPE II - SIDE I (7:35 p.m.) Mr. Taracka cited some of Mr. Knight's concerns as expressed in his letter. Mr. Barnes said he 'would like to see the business close at night since it is abutting residential. Mayor Cartwright closed the public hearing at 7:40 p.m. MOTION by Damp/Cartwfight I move we approve Resolution No. R-97-11. Vice Mayor Barnes amended the motion to "add a condition that the business be closed in the evening, at 10:00 in the evening to 6:00 in the morning". Mr. Halloran seconded the amendment and added that the three cOnditions recommended by staffbe included. Mayor Cartwright noted the conditions are in the resolution. ROLL CALL on amendment: Mr. Barnes - aye Mrs. Damp - nay Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 4-1 (Damp - nay) ROLL CALL on main motion: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 4 Special City Council Meeting March 5, 1997 Page Five 97.087 B. Mayor Cartwright called recess at 7:45 p.m. and reconvened the meeting at 7:55 p.m.. All members were present. Conduct Quasi-Judicial Public Hearing on Fischer Island Preliminary Plat - Consider Adoption of Resolutio~Q, R-~7-12 (.~91p..rnuI~l~ ]~¥~191~m~ut,.Dir~ctor Transmittal 2/21/97, IG97-12. $~ff R~l~ort, Map, Application. Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS FISCI-IER'S LAKE ISLAND SUBDiVISiON; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Cartwright opened the hearing at 7:56 p.m., the City Attorney read Resolution No. R-97-12, and the City Clerk swore all those who intended to offer, testimony. The City Manager said, for the record, that Council will need to make a determination on whether to waive the code requirement for two accesses since the subdivision plat shows only one. The Director of Community Development said there are currently two previously approved preliminary plats for this site known as San Sebastian Springs West and Fischer Island, however, portions of those sites were sold to Indian River County as environmentally sensitive land requiring a new plat for the combined properties. The City Planner distributed a'revised Resolution No. R~97-12, the Director of Community Development presented staff report (see attached) and recommended approval. Attorney Warren Dill, representing applicant Henry Fischer, requested that all city records on this matter be made a part of the record and requested approval of the preliminary plat. Mr. Dill submitted Exhibit 1, a compilation of records indicating the history of City approvals for these sites. Randy Mosby, Mosby and Associates, engineer for the project, demonstrated the project on conceptual drawings and responded to questions from Mr. Dill regarding ownership and zoning for environmentally sensitive lands surrounding the subject property, residency, TAPE II - SIDE II (8:33 p.m.) Special City Council Meeting March 5, 1997 Page Six traffic and ingress and egress. Vice Mayor Barnes asked if there had been any attempt by the applicant to purchase property adjacent to the access road for another ingress/egress, and Mr. Mosby said there had been an attempt several years ago to no avail and from an engineering standpoint another access road at that location would not be possible. The Director of Community Development reiterated staff' recommendation for approval of R-97-12. In respOnse to Mayor Cartwright, the Director of Community Development recommended item (g) ofR-97-12 be changed to "Tract A or C". There was no objection. Mrs. Damp suggested that the requirement for two accesses for private subdivisions be reconsidered. Mayor Cartwfight closed the public hearing at 8:45 p.m. MOTION by Halloran/Damp I move to approve Resolution R-97-12 as revised tonight. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 97.088 Conduct Quasi-Judicial Public Heating on Park Place Prelimioitry Development - Coll~icl~r Adoptioll of Resolution No, R-97-13 (Community Development Director Transmittal 2/21197. 1~,97-13, Map, Plat U~a~ler Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR A PUD KNOWN AS LAKE DELORES A.K.A. PARK PLACE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Cartwright opened the public hearing at 8:47 p.m., the City Attorney read Resolution No. R-97-13 by title, and the Clerk swore in all those who intended to offer testimony. 6 · r· Special City Council Meeting March 5, 1997 Page Seven The Director of Commurfity Development explained that Lake Dolores (Park Place) preliminary development plan was approved in 1988, has had no extensions since then and no final plat approval and recommended approval of this preliminary plat to bring the property into compliance with the code. Joseph Schulke, Knight, McGuire & Associates, representing Nelson Hyatt, updated City Council on improvements to the subdivision since 1988 and noted that Mr. Hyatt had been informed in the past that he needed no final plat. The City Clerk swore in Nelson Hyatt and Mr. Hyatt responded to Vice Mayor Barnes that the built-out portion of Park Place is leased out to another party and that the lots in the new portion will be owned by residents. Mayor Cartwright closed the hearing at 8:56 p.m. MOTION by Taracka/Cartwfight I move to approve Resolution R-97-i 3. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Hailoran - aye MOTION CARRIED 5-0 97.089 Conduct Quasi-Judici~l Public Hearing on Park Pla¢~ Final Plat - Consider Adopti~>rl 0£ Resolution No. R-97-1~ (,Community Development Dir~tor Transmittal 2/21/97, I~97-14, Staff R~ort. MY, Application, Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING TI-IE FINAL PUD AND FINAL PLAT FOR A PUD KNOWN AS PARK PLACE, PLAT 1, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Cartwright opened the hearing at 8:57 p.m., and the City Attorney read Resolution No. R-97-14. The Director of Community. Development presented staff report (see attached) and recommended approval conditioned upon the applicant providing a completion date, and a surety bond being posted for the portion of the project not yet constructed. Regular City Council Meeting March 5, 1997 Page Eight Bob Wise, 1040 West Lakeview Drive, Sebastian, said there will be two owners and two homeowners associations, recommended another ingress and egress for the west side of the park and questioned ownership of the lake. Richard Meiklejohn, 1042 West Lakeview Drive, Sebastian, said proPerty owners purchased homes from Hyatt under a perspectus from which he read. He expressed concern that some of the perspectus information has been deviated from such as zoning for the subdivision. The Director of Commun!ty Development said he has been working with Mr. Hyatt on an another access, the 25 foot easement around the lake is necessary, the property has always been zoned PUD-MH and is not being changed, and that St JOhns does not own the lake. Mayor Cartwright closed the hearing at 9:15 p.m MOTION by Cartwright/Halloran I'll move to approve Resolution R-97-14. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 5. Being no further business, Mayor Cartwright adjourned the Special Meeting at 9:17 p.m. Approved at the '"/~'"~C~ "] (~ ~ , 1997, Regular City Council Meeting City Cleric :;." Walter W. Mayor Barnes 97.086 A. QUASI-JUDICIAL HEARING SIGN-UP SHEET MARCH 5, 1997 Conduct Quasi-Judicial Public Hearing on Special Use Permit Application from Ronald Adamson for Car Wash, North U.S. 1 - Consider Adoptio0 of No. R-97-I1 For~ Against I~o~ation Addres~ , For Against ~ Information /Name ~-~o ,%~c -~g ;~ Address For Against / I Information Name Address For Against Information 97.087 Name Address For QUASI-JUDICIAL HEARING SIGN-UP SHEET MARCH 5, 1997 Conduct_Quasi-Judidal Public Hearing. onFischerIsland Preliminary Plat - Consider Adoption of Resolution No. R-97-12 Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information 97.088 Name Address For QUASI-JUDICIAL HEARING SIGN-UP SHEET MARCH 5, 1997 Conduct Quasi-Judicial Public ~eafil~g on Park Place Preliminary Developmer~t - Consider Adoption &Resolution No. R-97-13 AgainSt Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information 97.089 QUASI-JUDICIAL HEARING SIGN-UP SHEET MARCH 5, 1997 Conduct Quasi-Judicial Public Hearing on Park Place Fjaal Plat - Consider Adoptio~ of Re~o!utioo L~o, R-97-14 Address For Against Information Name / ,.vx £ ,., '~ Address , . ,.. ~.,-, ,~ ~ 2' ''~'' ;,x~_.i For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 5, 1997 7:00 P.M. OR SOON THEREAFTER 2. 3. 4. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Cartwright called the Regular Meeting to order at 9:33 p.m. The Pledge of Allegiance was recited. No Invocation was given due to late start. ROLL CALL City Council Pres¢/tt: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan StaffPre~rlt: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli City Planner, Tracy Hass Deputy City Clerk, Sally Maio 6. AGENDa, MODIFICATIONS (~DDITIONS.AND/OR DELETIONS PROCLAMATIONS, ANNOUNCEMENTS AND/OR pRESENTATIONS The Director of Community Development introduced City Planner, Tracy Hass. Regular City Council Meeting March 5, 1997 Page Two 7. CI~ ATTORNEY MATTERS None. 8. CITY MANAGER MATTERS The City Manager reported that five telecommunications ordinances from various agencies and cities had been received to be used in preparation of a City ordinance. CONSENT AGENDA ,dll items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 2/19/97 Special (Quasi) Meeting, 2/26/97 Regular Meeting 97.054 B. 17, 1997 Adopt Resolution No. R-97-15 - Falcon Cable Franchise 60 Day Extension to May (City Manager Transmittal 2/28/97, R-97-15) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN EXISTING NONEXCLUSIVE CABLE TELEVISION FRANCHISE-USE FOR A OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. 97.09O C. Bid and Contract Award for Annual Culvert Installation to C.R. McLellan of Malabar (PublicWorks Transmittal 2/27/97, Bid Review and Recommendation Forms, Hill Letter Letter 2/27/97) 97.091 D. Craft Club Request Use of Riverview Park for Craft Shows - 4/5/97 (4/6/97 raindate), 5/3/97 (5/4/97 raindate) - Standard Conditions (City Clerk Transmittal 2/25/97, Stimmel Letter 12/28/96) 97.092 E. Leesa Pease - Request Use of Community Center for Wedding Reception 3/22/97 - 7 pm to 11I pm - A/B - Security Pd - Age Verified (City Clerk Transmittal 2/27/97, Application) The City Manager read the consent agenda and the City Clerk read Resolution No. R-97-15 by title. Regular City Council Meeting March 5, 1997 Page Three Vice Mayor Barnes removed item B; Mrs. Damp removed item C. MOTION by Barnes/Halloran I'll make a motion to approve items A, D and E of the consent agenda. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 It0m B - Resolution No. R-97-15 Keith Miller, 961 Riviera Avenue, Sebastian, said he believed he had been lied to by Falcon Cable regarding a change in the advertising policy on Channel 35. Mayor Cartwright said, for the record, that this year Channel 35 went to government access only as required by the Indian River County franchise. The City Manager said it was critically important that the franchise ordinance not be rushed into. MOTION by Barnes/Cartwright I'll move to approve item B of the consent agenda. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 Item 12 - A~rlual Culvert Installation John Hill, Craven Thompson & Associates, described the annual contract for culvert installation to be awarded to low bidder C.R. McLellan. MOTION by Damp/Taracka I move that we approve item C on the consent agenda. 3 Regular City Council Meeting March 5, 1997 Page Four ROLL CALL: Mr. Halloran Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp - aye - aye - aye - aye - aye MOTION CARRIED 5-0 10. PUBLIC HEARING Procedures for public hearings: (R-97-02) Mayor Opens Hearing Attorney Reads Ordinance or Resolution Staff Presentation Public Input - Limit of 10 Minutes Per Speaker Staff Summation Mayor Closes Hearing Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, men Called go to the Podium and State His/Her Name for the Record 97.012 Second Reading, Publi~.~I?ari~g and Final Adoption of Ordinance l~O, 0-97-42 Vacating Street Rights-of-Wily in Sebastian Island Pursuant to Agreement w/ Co~erstone (Community DeYeloglll~ll[ Transmittal 2/27/97, 0-97-42, Mag~) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING ITHACA AVENUE FROM EMPRESS AVENUE TO SPRING VALLEY AVE, EMPRESS AVENUE FROM SCHUMANN WATERWAY TO SPRING VALLEY AVENUE, SPRING VALLEY AVENUE FROM EMPRESS AVENUE TO THE NORTH LINE OF LOT 2 1, BLOCK 594, SPRING VALLEY AVENUE FROM THE SOUTH LINE OF LOT 22, BLOCK 594 TO CRAWFORD DRIVE, ALEXIS STREET FROM SPRING VALLEY AVENUE SOUTH TO THE LIMIT OF PLAT, AND ALEXIS STREET FROM DAY DRIVE NORTH TO THE LIMIT OF PLAT RIGHTS-OF-WAY; PROVIDING FOR THE RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 2/12/97, Advertised Legal Notices 2/19/97, PH 3/5/97) Mayor Cartwright opened the hearing at 9:47 p.m. and the City Attorney read Ordinance No. 0-97-42 by title. The Director of Community Development explained the recently approved agreement with Conerstone Homes which provides for this vacation of right-of- way and exchange of certain properties to provide a private subdivision. He said certain property owners had expressed concerns about the impact on DayDrive by the closing of Empress. 4 Regular City Council Meeting March 5, 1997 Page Five William Morley, Jr., 118 Day Drive, Sebastian, said he had a petition containing 66 signatures objecting to the closing of Empress because it would severely impact Day Drive and noted that Day Drive is less than 20 feet wide. Sylvia Von Burg, 126 Day Drive, Sebastian, also objected to closing Empress. The Director of Community Development said Day Drive is the standard 50 foot of right-of-way. Mr. Morley said the pavement on Day is less than 20 feet wide. The Director of Community Development recommended approval of 0-97-42 and discussed techniques which could be utilized to alleviate traffic problems city-wide. ??, Conerstone Homes, said once the entrance is completed, all construction traffic will be prohibited from going south from the site. Mayor Cartwright closed the public hearing at 10:15 p.m. MOTION by Taracka/Bames I move to approve Ordinance 0-97-42. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 97.070 Second Reading Public Hearing and Final A~lopl[joll of Ordinance No. 0-97-43 - Vacating- Adams~trcet Right-of-Way(Community De¥?lopment Transmittal 2/27/97.0-97-42 Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING THE ADAMS STREET RIGHT-OF-WAY LOCATED WEST OF U.S. HIGHWAY 1; PROVIDING FOR THERECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDINGFOR AN EFFECTIVE DATE. (Ist Reading 2/12/97, Advertised Legal Notices 2/19/97, PH 3/5/97) Regular City Council Meeting March 5, 1997 Page Six Mayor Cartwright opened the hearing at 10:1.7 p.m. and the City attorney read Ordinance No..0-97-43 by title. The Director of Community Development recommended approval and Mayor Cartwfight closed the public hearing. MOTION by Barnes/Taracka i'll move to approve Ordinance 0-97-43. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 11. COMMITTEE REPORTS~(7OMMENDATIONS Vice Mayor Barnes reported on a discussion at Treasure Coast Council of Local Governments relative to a house bill which seeks to impose a tax on cruise ships for beach restoration purposes. Mayor Cartwright requested further information. TAPE I - SIDE II (10:19 p.m.) 12, OLD BUSINESS - None 13. NEW BUSINESS 97.093/ 95.124 P~new~l of Golf Professional Semites Agreement Between City of Sebastian and Patrick L Cerjan ( City Manager Transmil.tal 2/28/97. Proposed Agreement) The City Manager described the proposed two year agreement to 'go into effect in July and which can be canceled by 90 day notice by either party. Mayor Cartwright noted a typo whereby FLA should read FAg_. 6 Regular City Council Meeting March 5, 1997 Page Seven Pat Cerjan gave a brief progress report on increased Golf Course play and revenues since last year. MOTION by Barnes/Damp I'll move to approve the renewal of Golf Professional Services Agreement between the City of Sebastian and Patrick Cerjan and authorize City Manager to sign. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 97.094/ 96.173 Bo Proposed Lease Agreement Between City of Sebastian and SliTdNe S~bastian of SouthFiorida- In~ for Tract of Land at Airport (City Manager Transmittal 2/28/97- ProposedAgreement. Map) The City Manager distributed revised lease pages, explained the purpose of the 17 year proposed lease for additional parking and placement of · dumpsters at a rate of $2500 per acre, discussed compatibility issues and noted that this lease is linked to the other in the event of default. ' Mr. Taracka and Vice Mayor Barnes expressed concern regarding the proposed building on the site as stated in the lease. Vice Mayor Barnes said he'd been informed that the proposed lease is planned for RV parking due to the fact that Mr. Grimwade's lease in Fellsmere is about to expire. Bruce Cooper, representing Skydive Sebastian, said the applicant had no intention of providing overnight RV camping on that site. Keith Miller, 961 Riviera Avenue, Sebastian, inquired whether Skydive project engineer Randy Mosby ever informed Mr. Grimwade of his prior violations. Regular City Council Meeting March 5, 1997 Page Eight Manager MOTION by Halloran/Cartwfight I move to approve the proposed lease agreement and authorize the City to sign. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwfight - aye Mr. Barnes - nay MOTION CARRIED 4-1 (Barnes - nay) 97.095 C. Disposal of Old Concrete (City Manager Transmittal 2/28/,97) MOTION by Barnes/Taracka I'll make a motion to authorize the City Manager to dispose of concrete debris by providing the material to anyone who would allow the City to dispose the material at no cost if the City has no specific use for the debris. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBUI~ Which is not otherwise on the agenda - limit often minutes for each speaker Keith Miller, 961 Riviera Avenue, Sebastian, discussed what he said he believed are ethics problems with Shirley Kilkelly and Randy Mosby on boards making decisions on Dr. Fischer's matters. Harry Thomas, 654 Balboa Street, Sebastian, asked who was responsible for flushing fire hydrants. 8 Regular City Council Meeting March 5, 1997 Page Nine Sal Neglia, Sebastian, expressed concern about the hydrants; said there are tractor trailers parked in the old Walmart parking lot; and inquired about the size of the Conerstone sign. Al Vilardi, 445 Georgia Boulevard, Sebastian, discussed various concerns he had related to the Indian River bikepath, leasing city property to the Chamber of Commercefl-Iistorical Society, problems with a veterinarians office on CR 512, Louisiana Avenue water expansion and lack of traffic study, site plan for the Sembler project on Indian River Drive and Kelly Mather's vote on the Fischer sandmine. Herbert Sturm, 549 Saunders Street, Sebastian, said he had documented the many lies he alleges have been told him by City officials. 15. CITY t~OUNCIL MATTERS A. Mayor Louise Carmrrigkt-Jat None. B. Vice Mayor Waller Baram Vice Mayor Barnes asked about storage of sod on city right-of-way, illegal use of other people's property by contractors, the noise caused by dumpsters being emptied early in morning, and Indian River County cutting roads to run Water service. C. Mrs, N0rma Damp None. D. Mr, Raymond Hallorarl None.. E. Mr. Richard Tarackll None. 9 Regular City Council Meeting March 5, 1997 Page Ten 16. 11'15 pm Being no 'further business, Mayor ,6~m:~adjoumed the Regular Meeting at Approved at the Meeting. ~'-[/~(A~Lv~-.~'~ "~(c-'~ ,1997, Regular City Council Kathryn M(. O'Halloran, CMC/AAE City Clerk Walter W. Barnes Mayor City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCH 5, 1997 7:00 P.M. OR SOON THEREAFTER CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAINSTREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-97-02) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Police Department Chaplain Frank Camillo 4. ROLL CALL, AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-97-02) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 7. CITY ATTORNEY MATTERS 8. CiTY MANAGER MATTERS 97.054 97.090 97.091 97.092 10. CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 2/19/97 Special (Quasi) Meeting, 2/26/97 Regular Meeting Adopt Resolution No. R-97-15 - Falcon Cable Franchise 60 Day Extension to May 17, 1997 (City Manager Transmittal 2/28/97, R-97-15) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. Bid and Contract Award for Annual Culvert Installation to C.R. McLellan of Malabar (Public Works Transmittal 2/27/97, Bid Review and Recommendation Forms, Hill Letter 2/27/97) CraR Club Request Use of Riverview Park for Craft Shows - 4/5/97 (4/6/97 raindate), 5/3/97 (5/4/97 raindate) - Standard Conditions (City Clerk Transmittal 2/25/97, Stimmel Letter 12/28/96) Leesa Pease - Request Use of Community Center for Wedding Reception - 3/22/97 - 7 pm to 11 pm - A/B - Security Pd - Age Verified (City Clerk Transmittal 2/27/97, Application) PUBLIC HF, AglNG Procedures for public hearings: (R-97-02) Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · StaffPresentation · Public Input - Limit ofl 0 Minutes Per Speaker ° StaffSummation ° Mayor Closes Hearing · Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record 2 97.012 ~;~cond Reading, Public Hearing and Final Adoption of Ordinance No. 0-97-42 - Vacalivg.Street Rights-of-Way in Sebastian Island Pursuant to Agreement w/Cornerstone (Community Development Tr. awsmittal 2/27/97, 0-97-42, Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING ITHACA AVENUE FROM EMPRESS AVENUE TO SPRING VALLEY AVENUE, EMPRESS AVENUE FROM SCHUMANN WATERWAY TO SPRING VALLEY AVENUE, SPRING VALLEY AVENUE FROM EMPRESS AVENUE TO THE NORTH LINE OF LOT 21, BLOCK 594, SPRING VALLEY AVENUE FROM THE SOUTH LiNE OF LOT 22, BLOCK 594 TO CRAWFORD DRIVE, ALEXIS STREET FROM SPRING VALLEY AVENUE SOUTH TO THE LIMIT OF PLAT, AND ALEXIS STREET FROM DAY DRIVE NORTH TO THE LIMIT OF PLAT RIGHTS-OF-WAY; PROVIDING FOR THE RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 2/12/97, Advertised Legal Notices 2/19/97, PH 3/5/97) 97.070 Second Reading. Public H~aring and Final Adoption of Ordinance No. O-97-43 - Vacating Adams Street Right-of-Way(Commullity Development Transmittal 2/27/97, 0-97-42, Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING THE ADAMS STREET RIGHT-OF-WAY LOCATED WEST OF U.S. HIGHWAY 1; PROVIDING FOR THE RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 2/12/97, Advertised Legal Notices 2/19/97, PH 3/5/97) 11. 12. 13. 97.093/ 95.124 97.094/ 96.173 97.O95 14. COMMITTE~.,JtEPORTS/RECOMMENDATIONS OLD BUSIneSS ~IEW BUSINESS Renewal of Golf Professional Services Agreement Between City of Sebastian and Patrick J. Cerjan (City Manager Transmittal 2/28/97, Proposed Agreement) Proposed Lease Agreement Between City of Sebastian and Skydive Sebastian of South Florida, Inc for Tract of Land at Airport (City Manager Transmittal 2/28/97, Proposed Agreement, Map) C. Disposal of Old Concrete (City Manager Transmittal 2/28/97) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC · Ttich is not otherwise on the agenda - limit often minutes for each speaker 3 15. 16. CITY COIJ~CI~ MATTERS A. Mayor Louise Cartwright B. Vice Mayor Walter Barnes C. Mrs. Norma Damp D. Mr. Raymond Halloran E. Mr. Richard Taracka ADJOURN (All meetings beginning at 6:00p. m. shall adjourn at 9:30p. m. unless extended for one half hour by a majority vote of City Council. All meetings beginning at 7:00p. m. shall adjourn at lO:30 p. m. unless extended for one half hour by a majority vote of City Council) ANY PERSON W?IO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTiMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 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 LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetings: Special Meeting -Election Results and Swearing In - Monday, March 17, 1997 ~ 6pm Workshop- Wednesday, March 26, 1997 ~ 6pm Regular Meeting- Wednesday, March 26, 1997 ~ 7pm or soon thereafter 4 PUBLIC INPUT ON AGENDA ITEMS 5IGN-UP SHEET MARCH 5, 1997 REGULAR MEETING USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT FOR PUBLIC HEARINGS WHICH HAVE THEIR OWN SHEETS-TIME LIMIT OF I0 MINUTES PER SPEdKER Name: /< ~'t TP~ Agenda ItemNo and Witl~:5~,a _Z ..... d:,A=~.~,~,. ................. j/.. ................... 2.' ..... '¢Z'.._2 .................... Name: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: ~me: ~/~~ ares Agenda Item No. and-Title: Address: ' ~ ' l/f_~ 8z ~ Agenda Item No. and Title: PUBLIC HEARING SIGN-UP SHEET MARCH 5, 1997 REGULAR MEETING 97.012 Se~oncl~eading, Public Hearing and Final Adoption of Ordinance No. 0-97-42_- Vacating Street P~glxt~-of-~y i~a Sebastian I~lo~n~ Pt~rsuant to Agreement wi Cornerstone AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING ITHACA AVENUE FROM EMPRESS AVENUE TO SPRING VALLEY AVENUE, EMPRESS AVENUE FROM SCHUMANN WATERWAY TO SPRING VALLEY AVENUE, SPRING VALLEY AVENUE FROM EMPRESS AVENUE TO THE NORTH LINE OF LOT 21, BLOCK 594, SPRING VAI.I.RY AVENUE FROM THE SOUTH LINE OF LOT 22, BLOCK 594 TO CRAWFORD DRIVE, ALEXIS STREET FROM SPRING VALLEY AVENUE SOUTH TO THE LIMIT OF PLAT, AND ALEXIS STREET FROM DAY DRIVE NORTH TO THE LIMIT OF PLAT RIGHTS-OF-WAY; PROVIDING FOR THE RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 2/12/97, Advertised Legal Notices 2/19/97, PH 3/5/97) Name Address Name Address Name Address INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET MARCH 5, 1997 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Name: Vs Address: ubject: dress: Subject: .~A~me: dress: Subject: ddress: bject: ddress: Subject: