HomeMy WebLinkAbout03131996 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 13, 1996
7:00 P.M. OR SOON THEREAFTER
(FOLLOWING 6:30 P.M. BOARD OF ADJUSTMENT)
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 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-95-33)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - No One Available
4. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
PROCLAMATIONS 5ND/OR ANNOUNCEMENTS
96.026A
QUASi-JUDICIAI~ HEARINGS, FINAL ACTION
Procedures for Quasi-Judicial Hearings as Follows (In accordance with
R-95-39):
· Mayor Opens Hearing-Outlines Rules
° City Attorney reads Ordinance or Resolution (if Applicable)
· Clerk Administers Oath
· Disclosure of Ex-Parte Communication
· StaffPresentation
° Applicant Presentation - 15 Minutes
· Inquiry of Applicant
· Proponents' Testimony - 3 Minutes or 10 Minutes ~fRepresenting 5 or
More
° Inquiry of Proponents
· Opponents' Presentation - Affected Opponents 15 Minutes - Other 3
Minutes or l O Minutes ~f Representing 5 or More
· Inquiry of Opponents
° Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or
More
· Closing of Public Informational Period
° StaffResponse and Summary - 10 Minutes
· Applicant's Rebuttal Presentation - 10 Minutes
· Board and Stafflnquiry
RESOLUTION NO. R-96-23 - Sebastian Lakes Amendment to
Development Agreement - Continuation of 2/28/96 Heating (City
Manager Transmittal 3/7/96, Proposed R-96-23, Agreement, Location
Map, City Manager Letter to Howse)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON
BEHALF OF THE CITY, AN AGREEMENT AMONG THE CITY OF
SEBASTIAN, PTC ENTERPRISES, INC. ("PTC") AND LENNAR NORTHEAST
PARTNERS LIMITED PARTNERSHIP ("LENNAR"), THAT AGREEMENT
BEING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SEBASTIAN AND SEBASTIAN LAKES
ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR
RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF THE
RECORDED AGREEMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (P & Z Ad
2/3/96, Notices Mailed, P & Z Heating 2/8/96, 1st Council Ad 2/7/96, PH 2/14/96,
Continuation Ad 2/22/96 & 2/23/96, 2nd PH 2/28/96, Continuation Ads 3/6/96, 3rd
PH 3/13/96)
2
96.019
RESOLUTION NO. R-96-2~ - Stipulated Settlement Agreement
Between DCA/City of Sebastian (City Manager Transmittal 2/28/96,
Proposed R-96-29, Revised Agreement w/Exhibits A and B, R-96-19
with Incorrect Version of Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY
ATTORNEY TO SIGN AND THE CITY CLERK TO ATTEST, ON
BEHALF OF THE CITY, A STIPULATED SETTLEMENT AGREEMENT
WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (THE
"DCA"), STIPULATING THE CONDITIONS FOR SETTLING THE
DISPUTE BETWEEN THE DCA AND THE CITY OF SEBASTIAN WITH
REGARD TO THE COMPREHENSIVE PLAN AMENDMENT ADOPTED
BY THE CITY OF SEBASTIAN BY ORDINANCE NO. 0-92-07 ON
MARCH 24, 1993; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, INCLUDING
RESOLUTION NO. R-96-19; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Ad 3/1/96, PH 3/13/96)
96.039
~SOLUTION NO. R-96-25 - Harbor Point Preliminary Plat -
Deferred from 2/28/96 Hearing (City Manager Transmittal 3/7/96,
Proposed Revised R-96-25, Location Map, Transportation Plan
Maps, Masteller and Moler Response, Craven, Thompson & Assoc.
Response, Refer to 2/28/96 Agenda Packet for Previously
Distributed Documentation)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A PRELIMINARY SUBDIVISION
PLAT; APPROVING A PRELIMINARY SUBDIVISION PLAT FOR
HARBOR POINT; PROVIDING CONDITIONS FOR SUCH APPROVAL;
PROVIDING AN EXPIRATION DATE; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
96.046
RESOLUTION NO~ R-96-22 - Cherry Hill Subdivision - Minor
Subdivision Plat (Community Development Transmittal 3/5/96,
Proposed R-96-22, Application, Plat Under Separate Cover, P & Z
Memo 1/19/96, Masteller Letter 6/21/95, MGB Memo 2/26/96,
Williams Memo 3/6/96)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR SUBDIVISION
OF CHERRY HlLL PARK, A REPLAT OF TRACT J, SEBASTIAN PLAT
HIGHLANDS UNIT 10, CONSISTING 1.01 ACRES, MORE OR LESS,
LYING IN SECTION 24, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING
THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO
PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR
INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDiNG FOR AN EFFECTIVE DATE.
~J,.C,_]~ARING (,Nol Quasi-judicial), FINAL ACTION
The normal order of business for public hearings (R-95-33) is as follows:
Mayor Opens Hearing
Attorney Reads Ordinance or Resolution
Staff Presentation
Public Input
Staff Summation
Mayor Closes Hearing
Council A ction
Please note: Anyone wishing to speak is asked to go to the podium and
state his/her name and address for the record prior to addressing City
Council.
96.026B
ORDINANCE NO. 0-96-09 - Sebastian Lakes Tranfer and Vacation
of Real Property - Continued from 2/28/96 (City Manager
Transmittal 3/7/96, 0-96-09, City Manager Letter to Howse,
Location Map)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF CERTAIN
REAL PROPERTY IN THE CITY OF SEBASTIAN; AUTHORIZING THE
TRANSFER AND EXCHANGE OF CERTAIN REAL PROPERTY IN THE
CITY OF SEBASTIAN TO ALIGN PROPERLY ROSELAND ROAD
SOUTH OF C.K 512; PROVIDING FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 2/16/96, Advertised Legal 2/16/96, 2/28/96 PH Not Conducted -
Continued to 3/13/96, Continuation Ad 3/2/96, PH 3/13/96)
96.034
B. ORDINANCE NO. 0-96-08 - Temporary Signs (0-96-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING SECTION 20A-15.5 OF THE CODE
OF ORDINANCES REGARDING TEMPORARY SIGNS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE. (lst Reading 2/16/96, Ad 2/28/96, PH 3/13/96)
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 - 2/28/96 Regular Meeting
96.047
RESOLUTION NO. R-96-27 - Support Efforts to Save Old
Courthouse (City Clerk Transmittal 2/22/96, R-96-27)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, IN SUPPORT OF INDIAN RIVER COUNTY,
IN ITS EFFORTS TO RESTORE, REHABILITATE, SEEK OTHER
ADAPTIVE USES AND THE HISTORICAL RECOGNITION OF
THE "OLD" COUNTY COURTHOUSE LOCATED AT 2145 14TH
AVENUE, DOWNTOWN VERO BEACH; PROVIDING FOR AN
EFFECTIVE DATE.
96.048
Sebastian Christian Church - Request for Twelve Month Site Plan
Extension - To Expire 1/19/97 (Community Development
Transmittal 3/5/96, Application, Fee)
96.049
Do
Bid and Contract Award - Supply and Haul Coquina Boulders for
Sebastian Riverview Park Shoreline Stabilization Project - Florida
Aggregates Intergroup, Inc., Ft. Pierce - $25.36 Per Ton Boulders - 2
to 2 ½ Feet in Diameter and $24.60 Per Ton - 6" to 9" in Diameter
(Public Works Director Transmittal 3/4/96, Bid Review Summary,
Bid and Contract Documents)
96.010
Adjust the Time of 3/18/96 Special City Council Meeting from 7 pm
to 5 pm (City Manager Transmittal 3/6/96)
96.050
San Juanito Chico - Request Use of Community Center - Wedding -
3/30/96 - 2 p.m. to Midnight - AfB and Extension of Time - Security
Paid (City Clerk Transmittal 2/23/96, Application, Excerpt of
R-94-50)
10. ~TATIONS
11. COMMITTEE REPORTS/RECOMMENDATIONS
12. OLD BUSINESS
96.009
Finalization of Appointments of Members to the Riverfront
Committee (City Manager Transmittal 3/7/96, Koford Memo
2/16/96)
13. NEW BUSINESS
96.051
Ao
Interview and Appoint Planning and Zoning Commission Members
(Community Development Transmittal 3/5/96, Applications, P & Z
Memo 2/16/96, Sec. 10 R-94-51)
Three Year Regular Member Position - Term to Expire 2/99 -
P & Z Recommends Robert Pliska
Three Year Alternate Member Position - Term to Expire 1/99
- P & Z Recommends Kelly Mather
6
96.012
14.
15.
16.
17.
18.
B. City Attorney Applicants for the City of Sebastian for Both In-House
Position Consideration and for Legal Services (City Manager
Transmittal 3/7/96, Human Resources Memo 3/5/96, Itemized Costs,
Applications)
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
CiTY COUNCIL MATTERS
A. Mrs. Louise Cartwright
B. Mrs. Norma Damp
C. Mr. Raymond Halloran
D. Mayor Arthur Firtion
E. Vice Mayor Carolyn Corem
CITY ATTORNEY MATTERS
CITY MANAGER MATT]~RS
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
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.
7
QUASI-JUDICIAL HEARING SIGN-UP SHEET
MARCH 13, 1996
96.026A A.
]?~E$OLUTION NO. R-96-23 - Sebastian Lakes Amendment to
Development Agreement - Continuation of 2/28/96 Heating
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN
AGREEMENT AMONG THE CITY OF SEBASTIAN, PTC ENTERPRISES, INC. ("PTC") AND
LENNAR NORTHEAST PARTNERS LIMITED PARTNERSHIP ("LENNAR"), THAT
AGREEMENT BEING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SEBASTIAN AND SEBASTIAN LAKES ASSOCIATES, A
FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR RECORDING; PROVIDING FOR
SUBMITTAL OF A COPY OF THE RECORDED AGREEMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (P & Z Ad 2/3/96, Notices
Mailed, P & Z Hearing 2/8/96, 1st Council Ad 2/7/96, PH 2/14/96, Continuation Ad 2/22/96 &
2/23/96, 2nd PH 2/28/96, Continuation Ads 3/6/96, 3rd PH 3/13/96)
Name
Address
For Against Information
Name
Address
For Against Information
Nsnle
Address
For Against Information
QUASI-JUDICIAL HEARING SIGN-UP SHEET
MARCH 13, 1996
96.019 B.
gESOLUTION NO. 1~-96-2P - Stipulated Settlement Agreement
Between DCA/City of Sebastian
Address
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE MAYOR AND CiTY ATTORNEY TO SIGN AND THE CITY
CLERK TO ATTEST, ON BEHALF OF THE CITY, A STIPULATED SETTLEMENT
AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
(THE "DCA"), STIPULATING THE CONDITIONS FOR SETTLING THE DISPUTE
BETWEEN THE DCA AND THE CITY OF SEBASTIAN WITH REGARD TO THE
COMPREHENSIVE PLAN AMENDMENT ADOPTED BY THE CITY OF SEBASTIAN
BY ORDINANCE NO. 0-92-07 ON MARCH 24, 1993; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH,
INCLUDING_RESOLUTION NO. R-96-19; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Ad 3/1/96, PH 3/13/96)
For Against ~ Informafion.~ '~
Name
Address
For Against Information
Name
Address
For
Against Information
QUASI-JUDICIAL HEARING SiGN-UP SHEET
MARCH 13, 1996
96.039 C.
RESOLUTION NO. R-96-25 - Harbor Point Preliminary Plat -
Deferred from 2/28/96 Hearing
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
PERTAINING TO A PRELIMINARY SUBDIVISION PLAT; APPROVING A
PRELIMINARY SUBDIVISION PLAT FOR HARBOR POINT; PROVIDING
CONDITIONS FOR SUCH APPROVAL; PROVIDING AN EXPIRATION DATE;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For Information
Against
QUASI-JUDICIAL HEARING SIGN-UP SHEET
MARCH 13, 1996
96.046 D.
RESOLUTION NO. R-96-22 - Cherry Hill Subdivision - Minor
Subdivision Plat
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDIVISION PLAT;
ACCEPTING THE MINOR SUBDIVISION OF CHERRY HILL PARK, A REPLAT OF
TRACT J, SEBASTIAN PLAT HIGHLANDS UNIT 10, CONSISTING 1.01 ACRES,
MORE OR LESS, LYING IN SECTION 24, TOWNSHIP 31 SOUTH, RANGE 38 EAST,
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE
MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE
PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY,
FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Name
Address
For Against Information
Name
Address
For
Against Information
Name
Address
For Against Information
PUBLIC HEARING SIGN-UP SHEET
MARCH 13, 1996 REGULAR MEETING
96.026B A.
ORDINANCE NO. 0-96-09 - Sebastian Lakes Tranfer and Vacation
of Real Property - Continued from 2/28/96
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR THE VACATION OF CERTAIN REAL PROPERTY IN
THE CITY OF SEBASTIAN; AUTHORIZING THE TRANSFER AND EXCHANGE OF
CERTAIN REAL PROPERTY IN THE CITY OF SEBASTIAN TO ALIGN PROPERLY
ROSELAND ROAD SOUTH OF C.R. 512; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 2/16/96,
Advertised Legal 2/16/96, 2/28/96 PH Not Conducted - Continued to 3/13/96, Continuation
Ad 3/2/96, PH 3/13/96)
Name
Address
For Against Information
Name
Address
For
Against Information
Name
Address
For
Against Information
// ,!'
PUBLIC HEARING SIGN-UP SHEET
MARCH 13, 1996 REGULAR MEETING
96.034
B. ORDINANCE NO. 0-96-08 - Temporary Signs
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING SECTION 20A-15.5 OF THE CODE
OF ORDINANCES REGARDING TEMPORARY SIGNS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE. (lst Reading 2/16/96, Ad 2/28/96, PH 3/13/96)
Nanle
Address
For
Against Information
Name
Address
For Against Information
Name
Address
For
Against Information
~0
PUBLIC INPUT ON AGENDA ITEMS
SIGN-UP SHEET
MARCH 13, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE P~PARED AGENDA
EXCEPT FOR PUBLIC HEARINGS WHICH HA VE THEIR OWN SHEETS-TIME LIMIT
OF 10 MINUTES PER SPEAKER
Name:
Address:
Agenda Item No. and Title:
~---~ .................................... ~-~w~~-~-~---~ ............................
Address.
Agenda Item No. ~d Title:
Name:
Address:
Agenda Item No. and Title:
-~m~--~ .................................. ~-~--~m~mm~m~-~ ................................
Name:
Address:
Agenda Item No. and Title:
Name:
Address:
Agenda Item No. and Title:
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
MARCH 13, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT
OTHER WISE ON THE PREPARED AGENDA -LIMIT OF 10 MINUTES
PER SPEAKER
Address: /-]0 ~..
Subject:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 13, 1996
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 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting- limit often minutes per speaker (R-95-33)
Mayor Firtion called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
No one was available for invocation.
4. ROLL CALL
City Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corem (7:02 p.m.)
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
Staff Pres~r~t:
City Manager, Thomas W. Frame
City Attorney, Timothy Williams
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Zoning Technician, Jan King
Regular City Council Meeting
March 13, 1996
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIQN$)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
The City Manager recommended, on behalf of Ron Howse, engineer for the
Sebastian Lakes project, that those issues be continued for another two
weeks as follows: 96.026A - R-96-23 the amendment to the development
agreement and 96.026B - 0-96-09 vacation and transfer of property.
MOTION by Cartwright/Damp
I move that we continue item 96.026A and 96.026B until our regular
meeting on March 27, 1996.
ROLL CALL: Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
PROCLAMATIONS AND/OR ANNOUNCEMENTS
Mayor Firtion announced that the City Manager, City Attorney, John Hill
and he had gone to St. John's River Water Management District in Palatka
today to present the plan for the lake project and had received a positive
response.
Regular City Council Meeting
March 13, 1996
Page Three
96.026A
QUASI-JUDICIAI~ HEARINGS, FINAL ACTION
Procedures for Quasi-Judicial Hearings as Follows (in accordance with
R-95-39):
Mayor Opens Hearing-Outlines Rules
City Attorney reads Ordinance or Resolution (if Applicable)
Clerk Administers Oath
Disclosure of Ex-Parte Communication
Staff Presentation
Applicant Presentation - 15 Minutes
Inquiry of Applicant
Proponents' Testimony- 3 Minutes or 10 Minutes if Representing 5 or
More
Inquiry of Proponents
Opponents' Presentation - Affected Opponents 15 Minutes - Other 3
Minutes or 10 Minutes if Representing 5 or More
Inquiry of Opponents
Informational Testimony - 3 Minutes or l O Minutes if Representing 5 or
More
Closing of Public Informational Period
Staff Response and Summary - 10 Minutes
Applicant's Rebuttal Presentation - 10 Minutes
Board and Staff lnquiry
RESOLUTION NO. R-96-23 - Sebastian Lakes Amendment to
Development Agreement - Continuation of 2/28/96 Heating (City
Manager Transmittal 3/7/96, Proposed R-96-23, Agreement,
Location Map, City Manager Letter to Howse)
This item had been previously continued to March 27, 1996 under Agenda
Modifications.
3
Regular City Council Meeting
March 13, 1996
Page Four
96.019 B.
llESOLUTION NO. R-96-29 - Stipulated Settlement Agreement
Between DCA/City of Sebastian (City Manager Transmittal 2/28/96,
Proposed R-96-29, Revised Agreement w/Exhibits A and B, R-96-19
with Incorrect Version of Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY
ATTORNEY TO SIGN AND THE CITY CLERK TO ATTEST, ON
BEHALF OF THE CITY, A STIPULATED SETTLEMENT AGREEMENT
WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (THE
"DCA"), STIPULATING THE CONDITIONS FOR SETTLING THE
DISPUTE BETWEEN THE DCA AND THE CITY OF SEBASTIAN WITH
REGARD TO THE COMPREHENSIVE PLAN AMENDMENT ADOPTED
BY THE CITY OF SEBASTIAN BY ORDINANCE NO. 0-92-07 ON
MARCH 24, 1993; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, INCLUDING
RESOLUTION NO. R-96-19; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Ad 3/1/96, PH 3/13/96)
Mayor Firfion opened the hearing at 7:05 p.m., the City Attorney read
Resolution No. R-96-29 by title only, and the City Clerk swore in the City
Manager.
There was no disclosure of ex-parte communication.
The City Manager explained that the reason the item was back before
Council was an error in reference to exhibits in paragraphs 15 and 16 of the
agreement. He advised that the non-compliance notice attached to the
agreement and referred to as exhibit A be taken out.
Being no further input, Mayor Firtion closed the hearing at 7:09 p.m.
4
Regular City Council Meeting
March 13, 1996
Page Five
MOTION by Halloran/Cartwright
I move to adopt Resolution No. R-96-29 authorizing execution of the
stipulated settlement agreement.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5-0
96.039
RESOLUTION NOL R-96-2,.5 - Harbor Point Preliminary Plat -
Deferred from 2/28/96 Heating (City Manager Transmittal 3/7/96,
Proposed Revised R-96-25, Location Map, Transportation Plan
Maps, Masteller and Moler Response, Craven, Thompson & Assoc.
Response, Refer to 2/28/96 Agenda Packet for Previously
Distributed Documentation)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A PRELIMINARY SUBDIVISION
PLAT; APPROVING A PRELIMINARY SUBDIVISION PLAT FOR
HARBOR POINT; PROVIDING CONDITIONS FOR SUCH APPROVAL;
PROVIDING AN EXPIRATION DATE; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Firtion opened the hearing at 7:10 p.m., the City Attorney read
Resolution No. R-96-25 by title only, and the City Clerk swore in all those
who intended to offer testimony.
All City Council members disclosed ex-pa_rte communication with the
applicant and others.
Regular City Council Meeting
March 13, 1996
Page Six
The City Manager recommended requiring street lights be placed at the
intersection of Fleming extension and proposed Harbor Point Drive and the
cul-de-sac on Harbor Point Drive, that sidewalks be installed on both sides
of Fleming unless waived by City Council based on the sidewalk
requirement in Chessers Gap, and inclusion of safety signs.
John King, Century 21 Realty King, representing Harold Adams, presented
an overhead display exhibiting the original plat from 1971 for the subject
property, stating that the GDC agreement allows that the developer has the
right to develop the property in accordance with regulations in effect in
1971; and said the original plat is unfeasible due to current requirements for
realignment of Fleming Street, St. John's stormwater standards, and
minimum lot size. He then exhibited the proposed plat.
Randy Mosby, Mosby & Associates, reiterated Mr. King's concerns about
current criteria and urged waiver of the sidewalk and street light
requirement.
Al Vilardi, 445 Georgia Boulevard, Sebastian, recommended sidewalks be
installed.
Being no further input, Mayor Firtion closed the hearing at 7:35 p.m.
Vice Mayor Corum recommended additional ingress and egress, funding
from the developer in lieu of park land, and discussed the need for a
commitment to hook up to future water and sewer.
The City Manager said it was his assumption that all conditions have been
required, but said he did not know what City Council has done in the past.
TAPE I - SIDE II (7:45 p.m.)
Regular City Council Meeting
March 13, 1996
Page Seven
Mr. Halloran said the City Manager's recommendation is acceptable to him
except to require that the contractor supply a bond that states that when
future development occurs beyond this development, he will install
sidewalks.
Mrs. Cartwright suggested sidewalks be installed only on the west side of
Fleming Street and that the street lighting at the end of the cul-de-sac be
waived. She said the development is surrounded on three sides by water
and did not see a safety problem with only one ingress/egress as proposed.
Mayor Firtion disagreed with the waiver of the cul-de-sac light for safety
reasons.
Randy Mosby said the developer would agree to the cul-de-sac light under
protest.
In response to Vice Mayor Corem, the City Manager said it would be his
intent that the developer would have to comply with any conditions
imposed by the Land Development Code that are not specifically waived by
Council.
MOTION by CartwrighffDamp
I move that we approve Resolution R-96-25 with the condition of a
street light be specifically placed at the end of Harbor Point Drive where it
terminates with the cul-de-sac and a street light at the intersection of
Fleming and Harbor Point Drive and also sidewalks will be required on the
west side only of Fleming Street, and he's required to install the applicable
safety signs.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - nay
Mrs. Cartwfight - aye
MOTION CARRIED 4-1 (Corum - nay)
Regular City Council Meeting
March 13, 1996
Page Eight
96.046 D.
RESO_L_UT!ON NO. R-96-22 - Cherry Hill Subdivision - Minor
Subdivision Plat (Community Development Transmittal 3/5/96,
Proposed R-96-22, Application, Plat Under Separate Cover, P & Z
Memo 1/19/96, Masteller Letter 6/21/95, MGB Memo 2/26/96,
Williams Memo 3/6/96)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR SUBDIVISION
OF CHERRY HILL PARK, A REPLAT OF TRACT J, SEBASTIAN PLAT
HIGHLANDS UNiT 10, CONSISTING 1.01 ACRES, MORE OR LESS,
LYING IN SECTION 24, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING
THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO
PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR
INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROViDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROViDING FOR AN EFFECTIVE DATE.
Mayor Firtion opened the heating at 8:03 p.m., the City Attorney read
Resolution No. R-96-22 by title only, and the City Clerk swore in all those
who intended to offer testimony.
There was no disclosure of ex-parte communication.
The City Manager explained the application for final plat, noting the
request is in compliance.
Mayor Firtion closed the hearing at 8:06 p.m.
Regular City Council Meeting
March 13, 1996
Page Nine
MOTION by Cartwright/Halloran
I move to adopt Resolution 96-22.
ROLL CALL:
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
PUBLIC HEARING {Not Quasi-JudiciaD,.FlNAL ACTION
The normal order of business for public hearings (R-95-33) is as follows:
Mayor Opens Hearing
Attorney Reads Ordinance or Resolution
Staff Presentation
Public Input
Staff Summation
Mayor Closes Hearing
Council A ction
Please note: Anyone wishing to speak is asked to go to the podium and
state his/her name and address for the record prior to addressing City
Council.
96.026B
QtLDINA2gCE NOL O-96-09 - Sebastian Lakes Transfer and
Vacation of Real Property - Continued from 2/28/96 (City Manager
Transmittal 3/7/96, 0-96-09, City Manager Letter to Howse,
Location Map)
This item had been previously continued to March 27, 1996.
9
Regular City Council Meeting
March 13, 1996
Page Ten
96.034
B. ORDINANCE NO. O-96-0~ - Temporary Signs (0-96-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING SECTION 20A-15.5 OF THE CODE
OF ORDINANCES REGARDING TEMPORARY SIGNS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE. (lst Reading 2/16/96, Ad 2/28/96, PH 3/13/96)
Mayor Firtion opened the hearing at 8:08 p.m. The City Attorney read
Ordinance No. 0-96-08 by title only.
The City Manager and City Attorney gave a brief explanation for this
ordinance.
Mayor Firtion closed the heating at 8:10 p.m.
MOTION by Halloran/Cartwright
I move to approve Ordinance 0-96-08.
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
10
Regular City Council Meeting
March 13, 1996
Page Eleven
CON$1~NT AGENDA
All items on the consent agenda are considered to be routine and will be
enacted by one motion. There will be no separate discussion of consent
agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
A. Approval of Minutes - 2/28/96 Regular Meeting
96.047
]g,F,$OLUTION NO. R-96-27 - Support Efforts to Save Old
Courthouse (City Clerk Transmittal 2/22/96, R-96-27)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, IN SUPPORT OF INDIAN RIVER COUNTY,
IN ITS EFFORTS TO RESTORE, REHABILITATE, SEEK OTHER
ADAPTIVE USES AND THE HISTORICAL RECOGNITION OF
THE "OLD" COUNTY COURTHOUSE LOCATED AT 2145 14TH
AVENUE, DOWNTOWN VERO BEACH; PROVIDING FOR AN
EFFECTIVE DATE.
96.048
Sebastian Christian Church - Request for Twelve Month Site Plan
Extension - To Expire 1/19/97 (Community Development
Transmittal 3/5/96, Application, Fee)
96.049
Bid and Contract Award - Supply and Haul Coquina Boulders for
Sebastian Riverview Park Shoreline Stabilization Project - Florida
Aggregates Intergroup, Inc., Ft. Pierce - $25.36 Per Ton Boulders - 2
to 2 ½ Feet in Diameter and $24.60 Per Ton - 6" to 9" in Diameter
(Public Works Director Transmittal 3/4/96, Bid Review Summary,
Bid and Contract Documents)
96.010
Adjust the Time of 3/18/96 Special City Council Meeting from 7 pm
to 5 pm (City Manager Transmittal 3/6/96)
96.050
San Juanito Chico - Request Use of Community Center - Wedding -
3/30/96 - 2 p.m. to Midnight - A/B and Extension of Time - Security
Paid (City Clerk Transmittal 2/23/96, Application, Excerpt of
R-94-50)
11
Regular City Council Meeting
March 13, 1996
Page Twelve
The City Manager read the consent agenda. The City Attorney read
Resolution No. R-96-27 by rifle.
Mr. Halloran removed item E.
MOTION by Comm/Cartwdght
I move approval of item A, B, C, D and F of the consent agenda.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwfight - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Mr. Halloran suggested that all future Council meetings be adjusted to 6:00
p.m.
The City Clerk noted the change would require an amendment to the
current resolution and that this item would have to be a future agenda item.
MOTION by HalloratffCartwright
I move to approve item E as requested.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5-0
12
Regular City Council Meeting
March 13, 1996
Page Thirteen
Mayor Firtion called recess at 8:15 p.m. and reconvened the meeting at 8:27
p.m. All members were present.
10. ~TATIONlj
None.
11. COMMITTF.,~ R~I~ORTS/RECOMMF.,~NDATIQNS
None.
12. OL1) BUSINESS
96.009 A.
Finalization of Appointments of Members to the Riverfront
Committee (City Managex Transmittal 3/7/96, Ko£ord Memo
2/16/96~1
Bob Freeland, 733 Wentworth Street, Sebastian, suggested that the two
additional appointments be made by the incoming Council members.
Mrs. Damp said she had nominated Tommy Thompson for the at-large
positions.
Mrs. Cartwright said Bennett and Moore membership affiliations need to be
switched.
Vice Mayor Corum expressed concern because all of the members were
business owners and suggested starting the selection process over. She had
distributed a suggested membership after the recess (see attached).
13
Regular City Council Meeting
March 13, 1996
Page Fourteen
Mayor Firtion conducted a poll of council relative to whether they wanted
to change the composition oft he Riverfront Conunittee:
* Mr. Halloran - keep five nominees that Council selected
o Vice Mayor Corum - yes
° Mrs. Cartwright - not change individual names given to
previous City Manager and said thought we agreed to seven
members
* Damp - keep same as before
* Firtion - keep same as before
Mrs. Cartwright nominated Tommy Thompson. Mr. Halloran seconded.
Vice Mayor Corem nominated herself, but there was no second.
Roll call on Tommy Thompson.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - nay
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 4-1 (Corum - nay)
Mrs. Damp nominated Stanley Krulikowski as the at-large CATF member.
Mr. Halloran seconded.
ROLL CALL:
Mayor Firfion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
14
Regular City Council Meeting
March 13, 1996
Page Fifteen
MOTION by Cartwright/Halloran
I'd like to add that if Mr. Kmlikowski is not available, that we allow
the City Manager to scan the CDBG committee to get a volunteer from
there and keep it from coming back to Council and delaying this committee.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Canwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
13. NEW
96.051 A.
Lnteryj~w md Appoint Planning and Zoning Commission Members
(Community Development Transmittal 3/5./5}6, Applications, P & Z
Memo 2/1_.6/~}6, Sec. 10 R-94-51)
City Council interviewed Mr. Pliska and Mr. Mather. No other applicants
were in attendance.
TAPE II - SIDE I (8:41 p.m.)
Three Year Regular Member Positi_oll - Term to Expire 2/99 -
P & Z Reconunends Robert Pliska
Mr. Halloran suggested filling Walter Barnes' regular member position at
this time and directing Planning and Zoning to recommend again for the
alternate position. Mr. Barnes said he had submitted his resignation to
Planning and Zoning today.
MOTION by Halloran/Cartwright
I move that we accept Robert J. Pliska for the full three year term on
Planning and Zoning.
15
Regular City Council Meeting
March 13, 1996
Page Sixteen
ROLL CALL:
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corem
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
MOTION by HalloratffCartwfight
I move to accept Kelly Mather to fill Mr. Barnes' unexpired term.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
96.012 B.
CitY Attorney Applicants for the City of Sebastian for Both In-Hou~
Positioll Consideration and for Legal Services (City Manager
Transmittal 3/7/96., Human Resources Memo 3/5/96, Itemized_Costs,
A0pli~i~tions)
Walter Barnes, 402 Azine Terrace, Sebastian, inquired what tonight's
action on the matter would be. He was informed that there would only be
discussion.
Following a brief discussion, the City Manager suggested that the issue be
deferred to the March 27, 1996 meeting to allow new Council members
input and allow staff to review backup for accuracy. City Council
concurred.
16
Regular City Council Meeting
March 13, 1996
Page Seventeen
14.
15.
INTRODUCTION OF NEW BUSII~IE,$S FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Louis Priore, Mango Avenue, Sebastian, expressed his objections to
receiving Mrs. Damp's letter regarding candidates Barnes and Taracka.
CITY COUNCIL MATTERS
A. Mrs. Louise Cartwfight
Mrs. Cartwright asked, on behalf of John Hill, all people to remm surveys.
Mrs. Normal Damp
None.
C.
Mr. Raymond Halloran
Mr. Halloran thanked Vice Mayor Corum and Mayor Firtion.
D. Mayor Arthur Firtion
Mayor Firtion said he had served Sebastian the best he could, thanked
everyone and said he would not be able to attend the Special Meeting on
March 18, 1996 due to health reasons.
E. Vice Mayor Carolyn Corunl
Vice Mayor Corum suggested that the Charter be amended to change the
policy whereby City Councils are sworn in the morning after the election;
again suggested a new membership formula for the Riverfront Committee;
said she may be leaving the seat but will be in the area and that it has been a
pleasure to serve; and explained the volunteer bucket brigade to stabilize
the Riverview Park shoreline.
Regular City Council Meeting
March 13, 1996
Page Eighteen
16. CITY ATTORNEY MATTERS
None.
17. CITY MANAGER MATTERS
18.
None.
Being no further business, Mayor Firtion adjourned the regular meeting at
9:10 p.m.
Approved at the '~t~ c~ ~
,1996, Regular City Council Meeting.
City Clerk
Louise R. Cartwright r~/
Mayor
18
RIVERFRC]NT DEVELOPMENT COMMITTEE
7 VOTING MEMBERS
( 3 business, 3 non-business, 1 watersiqed interest
small business owner
large business owner
district r~.si dent
2
at 1 argo
1 resident
1 resident or business owner
~c~.,.,~,., ,m, ern,.bsr= r~siasnt ~r business ( if s~conC at larg~ is
business owner than this would be a resi~Jen~ position, if the
second at large person is a resident position then a business
owner will fill tills position.)
Sebastian Watershed Action Committee memi3er ( the group's
main focus is river-front reiated - stormwater, erosion, kiosks
placement, educational projects )
~efinitinns ...
"at large "= Sebastian resident not in the district boun[Jeries
"district resident" = ~ person who owns their home that lives
in the district, with no business interest.
"small business owner" mom & pop type business,under five
employees
"large business owner" = over five employees preferably at
least twenty employees
"CDBG ' = Cr~mmunity Development Black Grant Committee