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HomeMy WebLinkAbout03271996 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 27, 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 o PLEDGE OF ALLEGIANCE INVOCATION - No One Available ROLL CALL AGENDA MODIFICATIONS (ADDITIO~NS 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 ANDJOR ANNOUNCEMENTS QUASI-JUDICIAL 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 I0 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 Inquiry 96.O26A RESOLUTION NO. R-96-23 - Sebastian Lakes Amendment to Development Agreement - Continuation of 3/13/96 Hearing (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. (Legal Notice Advertisement 2/7/96, 1st Hearing 2/14/96 Continued to 2/28/96, Readvertised 2/22/96 and 2/23/96, 2/28/96 Hearing Continued to 3/13/96, Readverfsed 3/20/96 and 3/22/96, 3/27/96 Heating) 2 96.026B ~ARI~G._gINAI, ACTION The normal order of business for pubfic 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 ,4 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. Ao ORDINAlXJC.~ NO, O-96-09 - Sebastian Lakes Transfer and Vacation of Real Property - Continued from 3/13/96 (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.R. 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 Hearing Continued, Readvertised 3/2/96, 3/13/96 Hearing Continued, Readvertised 3/18/96, Hearing 3/27/96) CONSENT AGENDA All items on the con~ent agenda are cor~idered to be routine and will be enacted by one motion. There will be no separate discussion of cogent agenda item~ unless a member of C#y Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 3/13/96 Regular Meeting, 3/18/96 Special Meeting 3 96.010A 96.052 96.053 96.010B 96.010C 96.054 96.055 Approve Payment to Supervisor of Elections for Indian River County - 3/12/96 Election (City Clerk Transmittal 3/13/96, SOE Letter 3/12/96) Resolution No. R-96-31 - Vacation of Easement - Barton - Lots 17 and 18, Block 65, Unit 2 (City Clerk Transmittal 3/19/96, Application, Survey, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTHEAST FIVE FEET OF LOT 17 AND THE SOUTHWEST FIVE FEET OF LOT 18, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 65, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-34, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Formal Acceptance of Walter Barnes' Resignation from Planning and Zoning Commission (City Clerk Transmittal 3/19/96, Barnes' Letter) Confirrn Election of Louise Cartwright - Mayor (City Clerk Transmittal 3/19/96, 3/18/96 Minutes Excerp0 Confmn Election of Walter Barnes - Vice Mayor (City Clerk Transmittal 3/19/96, 3/18/96 Minutes Excerpt) Sebastian Watershed Action Committee - Community Volunteer Project - Riverview Park Shoreline Stabilization - Request for Use of Yacht Club - 4/12/96 & 4/13/96 - 8 am to 4 pm - Waiver of Security Deposit and Rental (City Clerk Transmittal 3/15/96, Corem Letter 3/15/96, Application) Sebastian River Art Club - Request Use of Riverview Park - Art Show - 3/30/96 - Standard Conditions (City Clerk Transmittal 3/18/96, Dougherty Letter 3/18/96) 4 96.056 10. 96.057 96.058 11. 12. 96.045 96.013 13. 96.059 96.060 Reverend John Hill - Sebastian United Methodist Church - Ministerial Association - Riverview Park Easter Sunrise Services - 4/7/96 - 6:30 a.m. to 7:30 p.m. - Use of City Bleachers - Standard Conditions (City Clerk Transmittal 3/19/96, Hill Letter 3/18/96) PRE$ENTATiONS Betty Carpenter - Alexandria Enterprises - 70 Unit Affordable Housing for the Elderly (City Manager Transmittal 3/20/96, Carpenter Letter 3/15/96, Housing Element CLUP 3-1 and 3-2) Heritage Company - Request for Letter of Support to Develop Affordable Housing in Sebastian (City Manager Transmittal 3/21/96, McPhillips Letter 3/20/96) COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS Ordinance No. O-96-10 - Purchasing Procedures - 1st Reading Postponed to this Meeting from 2/28/96 (City Manager Transmittal 3/21/96) City Attorney Applicants for the City of Sebastian for Both In-House Position Consideration and for Legal Services - Deferred from 3/14/96 (City Manager Transmittal 3/7/96, Itemized Legal Costs, Human Resources Director Memo 3/5/96 - Please Refer to 3/14/96 Packet Pgs 215-322 and Additional Backup) NEW BUSINESS Sebastian Area Business Council - Request to Use Riverview Park for Business Fair/Barbecue - 4/28/96 - 9 am to 6 pm - Consider Standard Condition No. 6 Re: Sale of Handmade Goods Only (Community Development Transmittal 3 / 19/96, Jacob s Letter 2/14/96) Local Review of Federally Funded Activities Proposed to Occur Within Municipal Boundaries of Sebastian (City Manager Transmittal 3/19/96, DCA Letter 3/11/96) 96.061 14. 96.062 15. 16. 17. 18. C. Memo from City Manager Re: Grant Applications (Memo 3/20/96) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker CITY COUNCIL MATTF.,R~ A. Mayor Louise Cartwright 1. Appointments to County and Regional Boards (City Clerk Transmittal 3/21/96, List) B. Vice Mayor Walter Barnes C. Mrs. Norma Damp D. Mr. Raymond Halloran E. Mr. Richard Taracka CITY &TTORNEY MATTERS CITY MANAGER MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISIONMADE BY THE CITY COUNCIL WITH RESPECT TO ANY MA77'ER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIA4 RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.010SF. 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. 6 QUASI-JUDICIAL HEARING SIGN-UP SHEET MARCH 27, 1996 96.026A A. RF, SOLUTION NO. R~96-23 - Sebastian Lakes Amendment to Development Agreement - Continuation of 3/13/96 Hearing 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. (Legal Notice Advertisement 2/7/96, 1st Hearing 2/14/96 Continued to 2/28/96, Readvertised 2/22/96 and 2/23/96, 2/28/96 Hearing Continued to 3/13/96, Readverfised 3/20/96 and 3/22/96, 3/27/96 Hearing) Name Address For Against Information Name Address For Against information Nsme Address For Against Information PUBLIC HEARING SIGN-UP SHEET MARCH 27, 1996 REGULAR MEETING 96.026B A. ORDINANCE NO, 0-96-09 -Sebastian Lakes Transfer and Vacation of Real Property - Continued from 3/13/96 (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.R. 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 Hearing Continued, Readvertised 3/2/96, 3/13/96 Hearing Continued, Readvertised 3/18/96, Hearing 3/27/96) Name Address For Against Information Name Address For Against Information Name Address For Against Information PUBLIC INPUT ON AGENDA ITEMS SIGN-UP SHEET MARCH 27, 1996 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 10 MINUTES PER SPEAKER Agenda Item No. and Title: Address: Agenda Item No. and Title: N~TIe: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEE~ MARCH 27, 1996 REGULAR MEETING USE THIS FORM 02VI. Y FOR INTRODUCTION OF NEW BUSINESS NOT OTHER WISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Name: Address: Subject:. Address: Subject: Name: Address: Subject: Address: Subject: Name: Address: Subject: Nltme: Address: Subject: Name: Address: Subject: Name: Address: Subject: Name: Address: Subject: Name: Address: Subject: City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 27, 1996 - 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 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. Mayor Cartwright called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Henk Toussant, St. Sebastian Catholic Church, gave the invocation. 4. ROLL CALL City Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes lVlrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka Staff ['r¢~nt: City Manager, Thomas Frame City Attorney, Clifton McClelland, Jr. City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting March 26, 1996 Page Two 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) The City Manager requested continuance of items 7A and 8A Resolution No. R-96-23 and Ordinance No. 0-96-09 to April 10, 1996; that item 10 B Heritage Homes be reviewed by Planning and Zoning Commission prior to City Council consideration; and that item 12A Ordinance No. O-96-10 be deferred until after April 30, 1996. MOTION by Barnesfraracka I'll make a motion to defer item 7A -96.026A to continue it to the April 10 meeting. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwdght - aye MOTION CARRIED 5-0 MOTION by Barnes/Damp I'll make another motion to continue until April 10 item 8A 96.026B. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 2 Regular City Council Meeting March 27, 1996 Page Three MOTION by Barnes/Halloran I'll make another motion here to defer item 10B the Heritage Company 96.058 until such time as it is heard by Planning and Zoning. ROLL CALL: Mr. Halloran Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp - aye - aye - aye - aye MOTION CARRIED 5-0 MOTION by Bames/Taracka I'll make a motion to postpone 12A the purchasing procedures 96.045 until subsequent to April 30. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 6. PROCLAMATIONS A~TD/OR ANNOUNCE~ Mayor Cartwri~t announced that April is Confederate History month and said she will issue a proclamation at the next meeting; Mr. Barnes announced the Community Volunteer Day for the Riverview Park Shoreline stabilization project to fill in coquina rock on April 12 and 13. Regular City Council Meeting March 27, 1996 Page Four 96.026A QUASI-JUDICIAL HEARINGS, FINAL ACTION RESQLUTION NO. R-96-23 - Sebastian Lakes Amendment to Development Agreement - Continuation of 3/13/96 Hearing (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. (Legal Notice Advertisement 2/7/96, 1st Hearing 2/14/96 Continued to 2/28/96, Readvertised 2/22/96 and 2/23/96, 2/28/96 Hearing Continued to 3/13/96, Readvertised 3/20/96 and 3/22/96, 3/27/96 Hearing) This hearing was continued to April 10, 1996. Regular City Council Meeting March 27, 1996 Page Five 96.026B 96.010A PUBLIC HEARI]NG, FINAL ACTION Ao ORDINANCE NO. O-96-09 - Sebastian Lakes Transfer and Vacation of Real Property - Continued from 3/13/96 (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.R. 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 Hearing Continued, Readvertised 3/2/96, 3/13/96 Hearing Continued, Readvertised 3/18/96, Hearing 3/27/96) This hearing was continued to April 10, 1996. COlNSENT 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. Approval of Minutes - 3/13/96 Regular Meeting, 3/18/96 Special Meeting Approve Payment to Supervisor of Elections for Indian River County - 3/12/96 Election (City Clerk Transmittal 3/13/96, SOE Letter 3/12/96) 5 Regular City Council Meeting March 27, 1996 Page Six 96.052 C. Re,solution No. R-96-31 - Vacation of Easement - Barton - Lots 17 and 18, Block 65, Unit 2 (City Clerk Transmittal 3/19/96, Application, Survey, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTHEAST FIVE FEET OF LOT 17 AND THE SOUTHWEST FIVE FEET OF LOT 18, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 65, SEBASTIAN HIGHLANDS UNiT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-34, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 96.053 D. Formal Acceptance of Walter Barnes' Resignation from Planning and Zoning Commission (City Clerk Transmittal 3/19/96, Barnes' Letter) 96.010B E. Confirm Election of Louise Cartwright - Mayor (City Clerk Transmittal 3/19/96, 3/18/96 Minutes Excerpt) 96.010C F. Confirm Election of Walter Barnes - Vice Mayor (City Clerk Transmittal 3/19/96, 3/18/96 Minutes Excerpt) 96.054 G. Sebastian Watershed Action Committee - Community Volunteer Project - Riverview Park Shoreline Stabilization - Request for Use of Yacht Club - 4/12/96 & 4/13/96 - 8 am to 4 pm - Waiver of Security Deposit and Rental (City Clerk Transmittal 3/15/96, Corem Letter 3/15/96, Application) 96.055 H. Sebastian River Art Club - Request Use of Riverview Park - Art Show - 3/30/96 - Standard Conditions (City Clerk Transmittal 3/18/96, Dougherty Letter 3/18/96) 6 Regular City Council Meeting March 27, 1996 Page Seven 96.056 I. 10. 96.057 Reverend John Hill - Sebastian United Methodist Church - Ministerial Association - Riverview Park Easter Sunrise Services - 4/7/96 - 6:30 a.m. to 7:30 a.m. - Use of City Bleachers - Standard Conditions (City Clerk Transmittal 3/19/96, Hill Letter 3/18/96) The City Manager read the consent agenda and the City Attorney read Resolution No. R-96-31 by title only. MOTION by Halloran/Barnes I move to approve all items on the consent agenda item 9. ROLL CALL: Mrs. Cmwfight - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 PRESENTATIONS Beth Carpenter - Alexandria Enterprises - 70 Unit Affordable Housing for the Elderly (Cit7 Manager Transmittal 3/20/_96, Carpenter Letter 3/15/96, Housing Element CLUP 3-1 and 3-2) The City Manager said he had received a recommendation from Planning and Zoning and was requesting support fi.om City Council for the proposed project at Louisiana and Palmetto. Beth Carpenter presented her request for support and read a proposed letter of support into the record (see attached). She said she had received concurrence from Indian River County to nm water service to the site and would need approval from the City if the project goes through. Ruth Sullivan, 1215 Indian River Drive, Sebastian, suggested getting input from seniors in the community as to the need for this kind of development. 7 Regular City Council Meeting March 27, 1996 Page Eight Ms. Carpenter said a market analysis must still be conducted. The City Manager recommended a motion be made to direct the Mayor to sign the letter and then deal with the water line issue at a later time. The City Attorney suggested a new paragraph: "The Grace Landings project will need to comply with all the requirements of the City of Sebastian's Land Development Code at the time application is made for approval under the Code." Mr. Halloran said Ms. Carpenter had told him that the proposed project falls under exceptions to age discrimination laws and that this will truly be housing for the elderly. MOTION by Barnes/Damp I'll make a motion to recommend approval support for Alexandria Enterprises 70 unit affordable housing at the comer of Louisiana and Palmetto with an addition to the letter supplied by Ms. Carpenter that the project will have to conform to all codes and ordinances of Sebastian when it is finally presented for approval. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 96.058 Heritage Company - Request for Letter of Support to Develop Affordable Housing i~ Sebastian (City Manager Transmittal 3/2 McPhillips Letter 3/20/96) This item was postponed for Planning and Zoning review. Regular City Council Meeting March 27, 1996 Page Nine 11. COMMITTEE REPORTS/RECOMMENDATIONS Mayor Cartwfight reported on her attendance at the Council of Public Officials meeting at which Pat Callahan, Vero Beach/Indian River County Recreation Director gave a presentation. 12. OLD BU~IIN]~ 96.045 Ordinance No. O-96-10 - Purchasing Proce{lure~ - 1 st Reading Pos~olled to this Meeting from 2/28/96 (City Manager Transmittal 3/21/96) This item was postponed until after April 30, 1996. 96.013 City Attorney Applicants for the City of Sebastian for Both In-House Position Considerati01~ alld for Legal Services - Deferred from 3/14/96 (City Manager Transmittal 3/7/96, Itenfized Legal Costs, Human Resources Dire~.to.r Memo 3/5/96 - Please Refer to 3/14/96 Packet Pgs 215-3 22 and Additional B~krup) Sal Neglia, 461 Georgia Boulevard, Sebastian, recommended against consideration of Warren Dill due to his involvement with local issues and business. Mrs. Damp suggested selecting the top three on each list and interviewing those. All Council members agreed. Mayor Cartwright suggested that each Council member give the City Manager their top three choices in each category by Friday noon. All members concurred with April 13, 1996 at 9:00 a.m. for interviews. The City Manager discussed the pros and cons of in-house versus legal services. 9 Regular City Council Meeting March 27, 1996 Page Ten TAPE I - SIDE II (7:47 p.m.) The City Attorney discussed the need for support staff and equipment for in-house attorneys. 13. NEW BUSINESS 96.O59 A. Sebastian Area Busin¢~ Council - Request to Use Riverview Park for Business Fair/B_arbeca~ - 4./2~/96 - 9 am to 6 pm - Consider Standard Condition No. 6 Re: Sale of Handmade Goods On~ (Community Development Transmittal 3/19/96, Jacobs Letter 2,/14/963 Gene Jacobs, 10946 Roseland Road, said the event will be co-sponsored with the Chamber of Commerce to give local businesses with County licenses an opportunity to promote their businesses. He requested a date change in the document he submitted to City Council. Discussion took place on the requested condition waiver. The City Attorney said with proprietary matters such as this there is flexibility but a rationale for waiver must be established. He suggested that Council could waive the condition but direct staff to look at it for possible revision. MOTION by Bames/Taracka I'll make a motion that we approve the request of the Sebastian Area Business Council to use Riverview Park for the Business Fair and Barbeque and ask to have staff look at this ordinance to determine the viability of rule 6 and how we wish to apply it or not apply it in the future and use of electric. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 10 Regular City Council Meeting March 27, 1996 Page Eleven 96.060 B. 96.061 14. Local g~view of Federally Funded Activities Proposed to Occur ~Vithin Municipal Boundaries of Seba~tiitI1 (City Manager Transmittal 3/19/96, DCA Letter 3/11/96) City Council concurred with the recommended review of local federally funded activities and directed that the City Manager be designated the contact person. C. Memo from City Manager Re: Grant Applications (Memo 3/20196) The City Manager asked Council for direction to explore the opportunity to see if there are grant funds the City can obtain from the Florida Inlet Navigation District. City Council concurred. Mayor Cartwright called recess from 7:58 p.m. to 8:12 p.m. All members were present. INTRODIJCTION OF NEW BUSINESS FROM THE ]PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker Donald B. Smith, 208 Poinciana Street, Sebastian, said this is a historic time in Sebastian's history as a new beginning, and recommended that the city form a team and utilize total quality management to move forward. Sal Neglia, 461 Georgia Boulevard, Sebastian, discussed problems with Falcon Cable and suggested Council look into other services; and suggested City Council members put shields on their vehicles, stating he would fund the first. Larry Driver, 462B DelMonte Road, Sebastian, welcomed new Council members; and said he had been told by many people that Carl Fischer has a conflict of interest on Planning and Zoning. John Hadaway, 1671 North U.S. 1, Sebastian, congratulated Mayor Cartwright on her appointment; and recommended a marina for sport fishing boats. 11 Regular City Council Meeting March 27, 1996 Page Thirteen g, mergency Services Member - Councilmember Richard Taracka Alternate - Councilmember Norma Damp L~d A~qui~ition Committee Mayor Cartwright appointed Carolyn Corum as ex-officio member and she accepted. Metropolitan Planning Organization Member - Councilmember Ray Halloran Alternate - Vice Mayor Walter Barnes Mayor Cartwright requested that Harry Thomas, member of thc MPO Citizen Advisory Task Force remain as member and report periodically to City Council; and directed the City Manager to appoint someone from Public Works to the MPO Bikepath Committee to replace Chief Petty. Sebastian River AreaChamber of Comm~r~ Mayor Cartwright requested that Thomas Frame, City Manager to bc the primary delegate and Councilmember Richard Taracka volunteered to act as alternate. Treasure Coast Council of Local Goverm~¢rttS Member - Vice Mayor Walter Barnes Alternate - Mayor Louise Cartwright Treasure Coast Regional Planning Council Member - Councilmember Ray Halloran Alternate - Councilmember Richard Taracka 13 Regular City Council Meeting March 27, 1996 Page Fourteen Mayor Cartwright commended the City Manager for the Lion's Club agreement for the Fourth of July celebration; said she had received a letter from the Chamber of Commerce stating that the Olympic Torch will make a stop in Sebastian and that Virginia King was forming a committee for the event, for which she requested a Council volunteer. Mr. Taracka volunteered. Larry Driver said Dave Cherry will be carrying the torch. Mayor Cartwright thanked all for the support she has received. She said she preferred to be reached at home and said she believed this Council will work well together. B. Vice Mayor Walter Barnes Mr. Barnes thanked all those who supported him; said the Airport needs management and suggested someone with experience be put in place whether or not it be the previous Airport Manager; expressed concern for the upcoming televised event scheduled at Skydive Sebastian. The City Manager said Greiner had contacted FAA and that there are requirements that Skydive Sebastian must meet to hold the May 4th and 5th event. In response to Mr. Barnes, the City Manager said Airport Drive West construction has gone out to bid. Mr. Barnes said cable companies cannot be forced to bid, however, suggested that perhaps a letter can be sent to TCI. The City Manager reminded everyone that Falcon has a non-exclusive franchise. Mr. Barnes said he had received calls regarding the proximity of the proposed gun range to schools. C. Mrs. Norma Damp Mrs. Damp congratulated Mayor Cartwright on a well-run meeting. 14 Regular City Council Meeting March 27, 1996 Page Fifteen D. Mr~ ga.v~ond Halloran Mr. Halloran said there is a wireless cable company currently soliciting in Sebastian; and reported that he and others are working together to promote the arts in the Sebastian area and are looking for input. E. MZ. Richard Taracka Mr. Taracka said he has talked with airport tenants who are concerned for safety at the airport. He asked that the Council direct the City Manager to hire an airport manager. Mayor Cartwright suggested that each member check with his or her insurance carrier regarding Mr. Neglia's suggestion about shields on Council's personal vehicles. 16. CiTY ATTORNEY MATTERS None. 17. CITY_.MANAGER MATTERS The City Manager said ISO Commercial Risk Services will be conducting a program to evaluate building code effectiveness in Sebastian to determine insurance premiums in mid-June; said a public hearing will be held by Indian River County on April 23 to consider extension of the local option gas tax for an additional thirty years; said Chief Petty had tendered his resignation to the fact that he had been selected to serve in Bosnia for one year on a United Nations Police Task Force; and said he had a meeting with County officials regarding the extension of water lines in Sebastian and inquired how Council wanted to handle assessments and suggested allowing Indian River County to handle the assessments. It was the consensus of City Council to request Indian River County to do the assessment. 15 Regular City Council Meeting March 27, 1996 Page Sixteen 18. Being no further business, Mayor Cartwright adjourned the Regular Meeting at 9:30 p.m. Approved at the/~f~/~)L~/0/ , 1996, Regular City Council Meeting. Kafla3m ~. 0 Halloran, CMC/AAE City Clerk Louise R. Cartwright Mayor 16