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HomeMy WebLinkAbout05081996 City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEET1NG WEDNESDAY, MAY 8, 1996 - 7:00 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 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 of ten minutes per speaker (R-95-33) CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - No One Available 96.084 96.085 96.086 ROLL CALL AGENDA MODIFiCATIO~]~ (ADDITIONS A_ND/OR DELETIOjNS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-33) PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Presentation of Plaque to Damien Gilliams - Code Enforcement Board (5/89 - 4/96) B. Proclamation - Teacher Appreciation Week - 5/6/96 - 5/10/96 - IRC School System C. Proclamation - Older Americans Month - May - Council on Aging - Carol Johnson Accepting 7. QUASI-JUDICIAL HEARING, FILN. AL 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) · ClerkAdministers Oath · Disclosure of Ex-Parte Communication · StaffPresentation · Applicant Presentation - 15 Minutes ° Inquiry of Applicant · Proponents'Testimony- 3 Minutes or 10 Minutes if Representing 5 or More · Inquiry of Proponents o 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 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 96.039 AD RESOLUTION NO. R-96-33 - Harbor Point Sandmining Special Use Permit (Community Development Transmittal 5/1/96, R-96-33, Plans Under Separate Cover, P & Z Memo 4/5/96, Masteller Letter 3/25/96, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN TO HAROLD ADAMS FOR THE HARBOR POINT SUBDIVISION PROJECT SITE LOCATED ON LOTS 1-16 OF BLOCK 510, LOTS 1-21 OF BLOCK 512, AND TRACT A, ALL LOCATED IN SEBASTIAN HIGHLANDS UNIT 16 AND CONSISTING OF APPROXIMATELY 18.72 ACRES; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. o 96.087 96.088 96.089 96.080 CONSENT AGENDA AH 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 - 4/24/96 Regular Meeting Waive Bid Procedure - Golf Course - Purchase Toro Greens Master Lawnmower - Piggyback GSA Contract - $15,106.23 (City Manager Transmittal 4/16/96) Waive Bid Procedure - Golf Course - Purchase Jacobsen Lawnmower - Piggyback Florida State Contract - $ 9,763.00 (City Manager Transmittal 4/16/96) RESOI,_UTION NO. R-96-37 - Vacation of Easement - Lots 9 & 10, Block 225, Sebastian Highlands Unit 6 (City Clerk Transmittal 4/30/96, R-96-37, Application, Survey, No Objection Letters, Authorization for Ameron) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTHEAST SIX FEET OF LOT 9 AND THE NORTHWEST SIX FEET OF LOT 10, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 225, SEBASTIAN HIGHLANDS UNIT 6, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-95, 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. Eo Fourth of July Committee - Request Approval for 1) LaPorte Farms Animal Petting Zoo (NW Comer) in Riverview Park on 7/4/96; 2) Cathy Lees Pony Rides and Photo Show (SW Comer) in Riverview Park on 7/4/96; and 3) Lions Club to Serve O'Douls Non- Alcoholic Beer (City Clerk Transmittal 4/30/96, Pawlus Letter 4/23/96, 74-3 Code) 96.090 Craft Club of Sebastian - Request Use of Riverview Park - Craft Shows - 10/5/96, 11/5/96, 12/7/96, 12/8/96, 1/4/97, 2/1/97, 3/1/97 - Raindates Sunday Following Except December - Standard Conditions (City Clerk Transmittal 4/29/96, Stimmel Letter) 96.091 Sebastian River Art Club - Request Use of Riverview Park - Art Shows - 11/16/96, 12/15/96, 1/11/97, 2/15/97, 3/8/97 and 4/20/97 - Standard Conditions (City Clerk Transmittal 4/22/96, Heffren Letter) 96.092 Romero/Our Lady of Guadalupe Mission - Request Use of Community Center - Mothers' Day Dance - 5/10/96 - 8 p.m. to Midnight - Admission Fee - Security Pd (City Clerk Transmittal 4/30/96, Application, Excerpt of R-94-50) 9. PRESENTATIONS 10. COMMITTEE REPORTS/RECOMMENDATIONS CODE ENFORCEMENT BOAI~ (Community Development Transmittal 4/29/96, Applications (2), Code Enforcement Memo 4/18/96, Sees 2-179 & 2-180 Code, R-94-51-Sec. 10) 96.093A Interview and Appoint Regular Member - Realtor Position to Expire 3/99 - Board Recommends Ken Cosco 96.093B Interview and Appoint Alternate Position Vacated by Ken Cosco (If Appointed to Regular Member) to Expire 6/98 - Board Recommends Dave Costa PLANNiNG AND ZONING COMMISSIO/X/(Community Development Transmittal 4/29/96, Applications (3), P & Z Memo 4/19/96, Sec 10-R-94-51) 96.05 lA Interview and Appoint Regular Member Position to Expire 4/99 - Board Recommends Reappointment of Jean Brantmeyer 96.051B Interview and Appoint Alternate Member Position Vacated by Robert Pliska to Expire 1/99 - Board Recommends Larry Driver 4 11. OLD BUSINESS 96.094 Schedule Council Workshop - City Manager Recommendation June 11, 1996 - 9:00 a.m. (City Manager Transmittal 5/1/96, Calendar) 12. NEW I~USINESS 96.013 RESOLUTION NO~_R-96-32 - Legal Services Agreement - Valerie Settles (City Manager/Human Resources Transmittal 5/2/96, R-96-32, Proposed Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY AND VALERIE F. SETTLES FOR THE PURPOSE OF UTILIZING THE LEGAL SERVICES OF MS. SERVICES AS THE CITY ATTORNEY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 96.095 BellSouth Mobility Temporary Cell Site - Temporary Communications Facility Agreement (City Manager/PD Transmittal 4/30/96, PD Memo 4/24/96, Proposed Letter Agreement) 96.096 RESOLUTION NO. R-96-34 - Amend 95/96 Fiscal Year Budget (Finance Director Transmittal 4/26/96, R-96-34, Mid Year Budget Adjustment Under Separate Cover) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS AND EXPENDITURES FOR THE GENERAL FUND, EXHIBIT "A", GOLF COURSE FUND, EXHIBIT "B", AND AIRPORT FUND, EXHIBIT "C"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 96.097 RESOLUTION NO. R-96-35 - Amend R-95-96 Re: FDOT Grant (Finance Director Transmittal 4/26/96, R-96-35) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING RESOLUTION NO. R-95-56 WHICH APPROVED THE JOINT PARTICIPATION AGREEMENT (GRANT) WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR RECONSTRUCTION AND OVERLAY OF SEBASTIAN MUNICIPAL AIRPORT RUNWAY 4-22 IN THE AMOUNT OF $475,200.00; AMENDING THE AGREEMENT AMOUNT TO $475,000.00; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 96.098/ 95.102 RESOLUTION NO. R-96-36 - Authorizing Execution of Sebastian Scrub - Option Agreement for Sale and Purchase - Atlantic Gulf Communities Corporation/Florida Communities Trust/City of Sebastian/Indian River County (City Manager Transmittal 4/29/96, R-96-36) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN AGREEMENT AMONG ATLANTIC GULF COMMUNITIES CORPORATION, FLORIDA COMMUNITIES TRUST, THE CITY OF SEBASTIAN, AND INDIAN RIVER COUNTY, THAT AGREEMENT BEING AN OPTION AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY IN SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 13. 14. 95.099/ 94.132 15. 16. 17. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker CITY COUNCIL MATT]~R~ A. Mr. Raymond Halloran B. Mr. Richard Taracka C. Mayor Louise Cartwright 1. Police Department Building D. Vice Mayor Walter Barnes E. Mrs. Norma Damp CITY ATTORNEY MATTERS CITY MANAGER MATTERS 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 rESrIMONY AND E~qOENCE UPON WHICH THE APPEAL IS ro BE HEARD. (286.0~OS ~.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 INADVANCE OF THIS MEETING. QUASI-JUDICIAL HEARING SIGN-UP SHEET MAY 8, 1996 96.039 RESOLUTION NO. R-96-)3 - Harbor Point Sandmining Special Use Permit A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTiNG OF A SPECIAL USE PERMIT FOR THE MiNiNG OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN TO HAROLD ADAMS FOR THE HARBOR POINT SUBDIVISION PROJECT SITE LOCATED ON LOTS 1-16 OF BLOCK 510, LOTS 1-21 OF BLOCK 512, AND TRACT A, ALL LOCATED IN SEBASTIAN HIGHLANDS UNIT 16 AND CONSISTING OF APPROXIMATELY 18.72 ACRES; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; 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 INPUT ON AGENDA ITEMS SIGN-UP SHEET MAY 8, 1996 REGULAR MEETING USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT FOR PUBLIC HEARINGS WHICH HA VE THEIR OWN SHEETS-TIME LIMIT OF 10 MINUTES PER SPEAKER Agenda Item No. and Title: ~-~/ Address: Agenda Item No. and Title: /~ Nallle: Address: Agenda Item No. and Title: Name: 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 SHEEI MAY 8, 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:// Subject: ' % .... Name: Address: Subject: Name: Address: Subject: Address: Subject: Address: Subject: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 8, 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. Mayor Cartwright requested a moment of silence. 4. ROLL CALL City Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka Staff Present: City Manager, Thomas Frame City Attorney, Clifton McClelland, Jr. City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Finance Director, Joel Haniford Zoning Technician, Jan King Regular City Council Meeting May 8, 1996 Page Two 96.084 96.085 AGENDA_MODIFICATIONS (ADDITIONS AND/OR DELETIO]N$} 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 deletion of item 12B Bellsouth Mobility, and that items 10A and B Code Enforcement Board appointments be moved forward after Proclamations/Announcements. MOTION by Barnes/Halloran I'll make a motion to withdraw item 12B from the agenda, BellSouth Mobility Temporary Cell Site. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 It was the consensus of City Council to move items 10A and B up on the agenda. PROCLAMATIONS AND/OR ANNOUNCEMENTS Presentation of Plaque to Damien Gilliams - Co0¢ Enforcement Board (5/89 - 4/96) Mayor Cartwright presented the plaque to Damian Gilliams. Pro, Ii, marion - Teacher Appreciation Week - 5/6/96 - 5/19196 - IRC School System Mayor Cartwright presented the proclamation to Debra Coyle, 1996 Teacher of the Year, Sebastian Elementary. 2 Regular City Council Meeting May 8, 1996 Page Three 96.086 C. Proclamation - Older Americans Month - May - Council on Aging - Carol Johnson Accepting Mayor Cartwright presented the proclamation to Carol Johnson, Council on Aging. 10 ho (2ODE ENFORCEMENT BOARD (Community Development Transmittal 4/29/96, Applications (2), Code Enforcement Memo 4/18/96, Sees 2-179 & 2-180 Code, R-94-51-Sec. 10) 96.093A Interview and Apg0int Regular Member - Realtor Position to Expire 3/99 - Board Recommends Ken Cosco City Council interviewed Ken Cosco. MOTION by Bames/Taracka I'll make a motion to appoint Ken Cosco to the realtor position on the Code Enforcement Board to expire 3/99. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting May 8, 1996 Page Four 96.093B 2. l~I~rview and Appoint Alternate Position Vacated by Ken Cosco (If Appointed to Regular Member) to ~2f, pil'~ 6/98 - 13oard R~omm¢lld$ Dave Costa City Council interviewed Dave Costa. MOTION by Barnes/Cartwright I'll make a motion to appoint Dave Costa to the Code Enforcement Board alternate position to expire in June of 98. ROLL CALL: Mr. Halloran - nay Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 4-1 (Halloran - nay) 7. QUASI-JUDICIAL HEARING, FINAL ACTION 96.039 A. KI3SOLUTION NO. R-96-33 - Harbor Point Sandmining Special Use Permit (Community Development Transmittal 5/1/96, R-96-33, Plans Under Separate Cover, P & Z Memo 4/5/96, Masteller Letter 3/25/96, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN TO HAROLD ADAMS FOR THE HARBOR POINT SUBDIVISION PROJECT SITE LOCATED ON LOTS 1-16 OF BLOCK 510, LOTS 1-21 OF BLOCK 512, AND TRACT A, ALL LOCATED IN SEBASTIAN HIGHLANDS UNIT 16 AND CONSISTING OF APPROXIMATELY 18.72 ACRES; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting May 8, 1996 Page Five Mayor Cartwright opened the quasi-judicial hearing at 7:13 p.m., the City Attorney read Resolution No. R-96-33, and the City Clerk swore in all those who intended to offer testimony. There was no ex-parte communication disclosed. The Zoning Technician noted the three letters of objection received by City staff for the record (see attached), and gave a brief presentation on behalf of staff on the application for sandmining to remove existing mounds on the site from previous canal dredging and for construction of retention areas in accordance with St. Johns River Water Management. Randy Mosby, Mosby and Associates, presented the request. He objected to the imposition of compliance and restoration bonds due to the fact that the excess sand is being removed to meet conditions of the Land Development Code regulations for subdivisions. John King, Century 21, said the project should take approximately two weeks. Mr. Mosby reiterated his request to have the requirement for compliance and restoration bonds stricken from the resolution. Mr. King said the sandmining will not have any effect on the current burning, and said the only dust that will be generated will be from trucks. It was noted that the required compliance bond would be $18,000 and the restoration bond would be based on the acreage of the actual mining area. The City Attorney advised that there had been no request for a variance to the bond requirement mandated by the Land Development Code. Mr. Mosby argued that the removal of the mound is a requirement of the approved subdivision. The City Manager said City Council's granting of a subdivision approval doesn't compel the owner to develop. The City Attorney, in response to Mayor Cartwright, said if the bonds were waived there was a possibility of a legal challenge because the matter is quasi-judicial; and stated the purpose of the bond is that the developer will do what he says he will do and the property will be restored. 5 Regular City Council Meeting May 8, 1996 Page Six TAPE I - SIDE II (7:46 p.m.) Mr. Mosby and Mr. King said there is no risk to the City in this situation, and noted there are no liens on the property. The City Attorney said the applicant could go through the procedure for a variance. The City Clerk swore in Carolyn Corum, 881 Dolores Street, Sebastian, who offered informational testimony and read her letter into the record Mayor Cartwright closed the public information portion of the hearing at 7:57 p.m. The City Manager recommended spelling out the hours of operation in the conditions; in condition B add "Manager" after "City" relative to acceptance of the form of bond; the City Attorney recommended adding "1996" to condition D; and Mayor Cartwright recommended changing the figure to "15,000" in the first whereas clause. City Council concurred with all changes. Mr. Mosby suggested that the applicant post a $1,000 bond, however, the City Attorney reiterated that the bond amounts are very specific in the Land Development Code. The City Manager said "if they (the applicant) can delineate the limits of the excavation and we can set the amount of bond to encompass the area where the overburden is, and we can be allowed to set that amount predicated on an agreement as to what the amount of area to be removed, that would at least define the area of the excavation." MOTION by Halloran/Taracka I move to adopt Resolution No. R-96-33 with the inclusion of the aforementioned additions and changes in the verbiage. Regular City Council Meeting May 8, 1996 Page Seven ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran - aye - aye - aye - aye MOTION CARRIED 5-0 Ci).INSI~INT 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 - 4/24/96 Regular Meeting 96.087 Waive Bid Procedure - Golf Course - Purchase Toro Greens Master Lawnmower - Piggyback GSA Contract - $15,106.23 (City Manager Transmittal 4/16/96) 96.088 Waive Bid Procedure - Golf Course - Purchase Jacobsen Lawnmower - Piggyback Florida State Contract - $ 9,763.00 (City Manager Transmittal 4/16/96) 96.089 RESOLUTION NO. K-96-37 - Vacation of Easement - Lots 9 & 10, Block 225, Sebastian Highlands Unit 6 (City Clerk Transmittal 4/30/96, R-96-37, Application, Survey, No Objection Letters, Authorization for Ameron) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTHEAST SIX FEET OF LOT 9 AND THE NORTHWEST SIX FEET OF LOT 10, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 225, SEBASTIAN HIGHLANDS UNIT 6, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-95, 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. Regular City Council Meeting May 8, 1996 Page Eight 96.080 E. Fourth of July Committee - Request Approval for 1) LaPorte Farms Animal Petting Zoo (NW Comer) in Riverview Park on 7/4/96; 2) Cathy Lees Pony Rides and Photo Show (SW Corner) in Riverview Park on 7/4/96; and 3) Lions Club to Serve O'Douls Non- Alcoholic Beer (City Clerk Transmittal 4/30/96, Pawlus Letter 4/23/96, 74-3 Code) 96.090 F. Craft Club of Sebastian - Request Use of Riverview Park - Craft Shows- 10/5/96, 11/5/96, 12/7/96, 12/8/96, 1/4/97, 2/1/97, 3/1/97- Raindates Sunday Following Except December - Standard Conditions (City Clerk Transmittal 4/29/96, Stimmel Letter) 96.091 G. Sebastian River Art Club - Request Use of Riverview Park - Art Shows- 11/16/96, 12/15/96, 1/11/97, 2/15/97, 3/8/97 and 4/20/97- Standard Conditions (City Clerk Transmittal 4/22/96, Heffren Letter) 96.092 H. Romero/Our Lady of Guadalupe Mission - Request Use of Community Center - Mothers' Day Dance - 5/10/96 - 8 p.m. to Midnight - Admission Fee - Security Pd (City Clerk Transmittal 4/30/96, Application, Excerpt of R-94-50) The City Manager read the consent agenda and the City Attorney read Resolution No. R-96-37 by title only. Mr. Taracka and Mayor Cam~ght removed item E. MOTION by Barnes/Damp I make a motion to approve the consent agenda items A, B, C, D, F, G, andH. Regular City Council Meeting May 8, 1996 Page Nine ROLL CALL: Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taraeka - aye - aye - aye - aye MOTION CARRIED 5-0 Item E - 4th of July Discussion took place on the appearance of alcoholic beverages being served and Alcohol, Tobacco and Firearms' determination that they do not consider O'Douls an alcoholic beverage. Mayor Cartwright requested that insurance be required for the pony fides and petting zoo. The City Attorney suggested a limit be set. MOTION by Halloran/Damp I move to approve item E of the Consent Agenda parts 1 and part 2 with the condition that the animal petting zoo and the Kathy Lee's pony fides provide insurance of $100,000. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 MOTION by Cartwright/Bames I move to deny the Lions Club request to serve O'Douls non- alcoholic beer. Regular City Council Meeting May 8, 1996 Page Ten ROLL CALL: Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Camvright Mr. Barnes - aye - aye - aye - aye MOTION CARRIED 5-0 9. PRESENTATIONS - None 10. COMMITTEE REPORTS/RECOMMENDATIONS Bo PLANNING AND ZONING COMMISSION (Community Development Transmittal 4/29/96, Applications (3), P & Z Memo 4/19/96, Sec 10-R-94-51) 96.05 lA Interview and Appoint Regular Memb~ Position to Expire 4/99 - Board Recommends Reappointment of J~n 13rantmeyer No interview was conducted. MOTION by Damp/Barnes I move to reappoint Mrs. Jean Brantmeyer to a three year regular member term expiring 4/99. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 10 Regular City Council Meeting May 8, 1996 Page Eleven 96.05 lB 2. Interview and Appoint Alternate Member Position Vacatecl by Pxol0¢~ Pliska to Expire 1/99 - Board R~coll~mends Larry Driver City Council interviewed Larry Driver. MOTION by Barnes/Cartwright I'll make a motion to appoint Larry Driver to the alternate board position, Planning and Zoning to expire January of 99. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 11. OLD BUSINESS 96.094 5c. hecltlle Council Workshop - City Manager.Recommendation June 1996 - 9:00 a.m. (City Manager Transmittal ~/1/96, Calendar) The City Manager requested that City Council submit its wish list by May 22, 1996 to allow stafftime to compile backup. City Council concurred with June 11, 1996 at 9:00 a.m. for the workshop. Mayor Cartwright called recess at 8:21 p.m. and reconvened the meeting at 8:30 p.m All members were present. 11 Regular City Council Meeting May 8, 1996 Page Twelve 12. NEW BUSiNE~ 96.013 A. RESOLUTION NO. R-96-~2 - Legal Services Agreement - Valerie Settles (City Manager/Human Resources Transmittal 5/2/96, R-96-32, Proposed Agreemen0 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY AND VALERIE F. SETTLES FOR THE PURPOSE OF UTILIZING THE LEGAL SERVICES OF MS. SERVICES AS THE CITY ATTORNEY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-96-32 by title only. The City Attorney introduced Valerie Settles and highlighted conditions of the agreement. He said as an oversight he had intended to add a thirty day termination clause. Ms. Settles responded to City Council inquiries about accessibility, hours and representation in specialized matters. TAPE II - SIDE I (8:43 p.m.) Discussion continued on hours and attendance at other board meetings. Mayor Cartwright noted an error on page four of the agreement. The City Manager said it should actually read that the City will be charged for out of pocket expenses. Discussion continued on hours, attorney contact with individual City Council members and staff. 12 Regular City Council Meeting May 8, 1996 Page Thirteen Changes were made to the agreement as follows: 1) Page 1, Paragraph 2, Line 13 - delete "or other representative of the City or which appear appropriate under the circumstances". 2) Page 1, Paragraph 2, Line 6 - delete "at any time" and add "upon thirty days written notice". 3) Page 2, #4 - typo should read "presence" 4) Page 3, Last Paragraph, Line 3 - delete "if' change to "is" 5) Page 4, Paragraph 1 - change all occurrences of 'you" or "your" in 1st and 3rd sentences to "City" 6) Page 4, Last Paragraph, 1st Sentence - delete "are generally" and add "will be" (Editorially - Page 1, Paragraph 2, Line 7 - typo "Notwithstanding") MOTION by Barnes/Halloran I'll make a motion to approve Resolution R-96-32 legal services agreement for Valerie Settles as amended. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 96.095 BellSouth Mobility Temporary Cell Site - Temporar~ Communications Fa~i!ity Agreement (City Manager/PD Transmittal 4/30/96, PD Memo 4/24/96. Proposed Letter Agreement) This item had been deleted under Agenda Modifications. 13 Regular City Council Meeting May 8, 1996 Page Fourteen 96.096 C. RESOLUTION NO. R-96-34 - Amend 95/96 Fiscal Year Budget (Finance Director Transmittal 4/26/96, R-96-34, Mid Year Budget Adjustment Under Separate Cover) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS AND EXPENDITURES FOR THE GENERAL FUND, EXHIBIT "A", GOLF COURSE FUND, EXHIBIT "B", AND AIRPORT FUND, EXHIBIT "C"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-96-34 by title only. The City Manager gave a brief introduction and the Finance Director handed out copies of his overhead presentation to City Council. The Finance Director presented the budget amendment (see synopsis attached). Harry Thomas, 654 Balboa Street, Sebastian, inquired about the $75,000 general fund loan to the Golf Course. The Finance Director said the loan had not actually been made but was available in the general fund if needed. Larry Driver, 462B DelMonte Road, Sebastian, inquired what funds are in reserves. The Finance Director said there was approximately $2.28 million. 14 Regular City Council Meeting May 8, 1996 Page Fifteen MOTION by Halloran/Taracka I move to adopt budget Resolution No. R-96-34 mending the fiscal year 95/96 budget as submitted. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 96.097 RESOLUTION NO. R-96-35 - Amend R-95-96 Re: FDOT Grant (Finance Director Transmittal 4/26/96, R-96-35) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING RESOLUTION NO. R-95-56 WHICH APPROVED THE JOINT PARTICIPATION AGREEMENT (GRANT) WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR RECONSTRUCTION AND OVERLAY OF SEBASTIAN MUNICIPAL AIRPORT RUNWAY 4-22 IN THE AMOUNT OF $475,200.00; AMENDING THE AGREEMENT AMOUNT TO $475,000.00; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-96-35 by rifle only. MOTION by Cartwright/Bames I'll move to adopt Resolution R-96-35. 15 Regular City Council Meeting May 8, 1996 Page Sixteen ROLL CALL: Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cartwri~t Mr. Barnes - aye - aye - aye - aye MOTION CARRIED 5-0 96.098/ E. 95.102 RESOLUTION NO. R-96-36 - Authorizing Execution of Sebastian Scrub - Option Agreement for Sale and Purchase - Atlantic Gulf Communities Corporation/Florida Communities Trust/City of Sebastian/Indian River County (City Manager Transmittal 4/29/96, R-96-36) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN AGREEMENT AMONG ATLANTIC GULF COMMUNITIES CORPORATION, FLORIDA COMMUNITIES TRUST, THE CITY OF SEBASTIAN, AND INDIAN RIVER COUNTY, THAT AGREEMENT BEING AN OPTION AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY IN SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-96-36 by title only. The City Manager gave a brief explanation. 16 Regular City Council Meeting May 8, 1996 Page Seventeen Mr. Barnes expressed concern about the cost of maintaining the scrub lots and whether they could be assessed for water. The City Manager said he had received the plans for Phase I of the County water expansion program which included these 56 lots, would compile a list of scrub lots, review the plan and report back to Council on the potential of the lots' impact on the assessment program. TAPE II - SIDE II (9:30 p.m.) The City Attorney cautioned Council to be careful not to disrupt the Habitat Conservation Plan, which could effect a halt to other development in the City. He said title to the properties will vest in Indian River County and governmental bodies cannot be assessed with consent. MOTION by Cartwfight/Taracka I move to adopt Resolution No. R-96-36. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 17 Regular City Council Meeting May 8, 1996 Page Eighteen 13. !~TRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker John Hindelang, 117 Keystone Drive, Sebastian, handed out a newspaper article about a house under construction across the street from his home and objected to the City's permitting regulations. Kelly Mather, 733 North Fischer Circle, Sebastian, objected to the City Council's approval of the Harbor Point bum variance and asked that it be rescinded. He distributed a letter to City Council. Jim Stanberry, 982 Schumann Drive, Sebastian, discussed a sandstorm on April 29, 1996, stating that Charles Kramer with Fischer and Sons came to his house, agreed the material was from the sandmine and said the problem would be taken care of, however, Mr. Stanberry was refused payment for cleaning. Mr. Barnes said a condition of the site is that the sand is to be kept wet to eliminate these problems and, if this cannot be done, the operation should be shut down until such time as the problem is corrected. Mayor Cartwright said she was told by staff there was no violation. The City Manager said he will bring a report back to Council on the matter. Larry Driver, 462B DelMonte Road, Sebastian, asked questions of Ms. Settles, but was requested to pose his questions to City Council and he expressed concern for Council hiring her as City Attorney. J. Marshall Beatty, 1848 Barber Street, Sebastian, discussed a problem with vegetation overgrowth along the waterway behind his property which he alleges was created by the City. The City Manager said he would look into the matter. 18 Regular City Council Meeting May 8, 1996 Page Nineteen Herbert Stunn, 549 Saunders Street, Sebastian, discussed his dissatisfaction with Code Enforcement, City staff, the press, and the courts relative to his Code Enforcement problem. TAPE III - SIDE I (10:15 p.m.) Mr. Sttmn's input continued. At 10:30 p.m. Mayor Cartwright called for a motion to continue the meeting. MOTION by Bames/Halloran I'll move to extend the meeting to 10:45 p.m. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Bob Wilson, 562 Rolling Hill Drive, Sebastian, objected to City labor paid at $4.48 per hour. Joseph Rueck, 135 Miller Drive, Sebastian, expressed concern for builders not completing construction. The City Manager said he would talk to the Building Official, look into permitting procedures and report back to City Council. 19 Regular City Council Meeting May 8, 1996 Page Twenty 14. CITY COUNCIL MATTERS A. Mr. Raymond Halloran Mr. Halloran congratulated the City Manager and Ms. Settles for the letter of agreement; and inquired why there are no ministers available for invocation. B. Mr. Richard Taracka Mr. Taracka said there is time scheduled for public input at the Riverfront meetings; asked for information on Board of Adjustment applicants, to which the City Clerk responded that she had five and needed two alternates; and responded to Mr. Mather's concerns about the bum variance. C. Mayor Louise Cartwright 95.O99/ 94.132 Police Department Building Mayor Cartwright asked Council, in regard to the Police Department building, to authorize the City Manager to hire an enviromental consultant and personally recommended Dr. Will Spaul. MOTION by Cartwright/Damp I'd like to move that we authorize the City Manager to contact Dr. Spaul and engage his services up to the amount of $5,000 for the Police Department building. MOTION by Barnes/Halloran I'll vote for ten more minutes. 20 Regular City Council Meeting May 8, 1996 Page Twenty One ROLL CALL: Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cartwright - aye - aye - aye - aye MOTION CARRIED 5-0 The City Manager reported on recent findings regarding the Police Department building air quality problem, noting there were no vapor barriers installed when construction took place and that the window caulking had cracked contributing to moisture buildup in the interior walls. The City Attorney recommended authorization for the City Manager, if he fmds good cause, to initiate suit against the contractor or design professionals or both involved in design and construction of the police station and also to employ expert or skilled witnesses as he deems appropriate to fully investigate whether or not the City has a cause of action. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 MOTION by Damp/Cartwright I so move as stated (by the City Attorney). ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran - aye - aye - aye - aye MOTION CARRIED 5-0 21 Regular City Council Meeting May 8, 1996 Page Twenty Two 15. 16. At 10:55 p.m., Mayor Cartwright adjourned the meeting. items were not addressed. D. YJ~e Mayor Walter Barnes E. Mrs. Norma Damp CITY ATTORNEY MATTER8 CITY MANAGER MATTERS The following Approved at thc /~ ,~/ /q~?~ ,1996, Regular City Council Meeting. Louise R. Cartwnght Mayor  K athryn~I. O'Halloran, CMC/AAE City Clerk 22 LARRY A. ALTERSITZ 305 SUMMIT AVENUE WESTVILLE, NJ 08096-1029 609-456-7159 May 1, 1996 City Council City of Sebastian 1225 Main Street Sebastain, FL 32958 To the Members of City Council: As the owner of Lots 7 and 8, Block 503 (further identified as Parcels 12-31-38-00005-6030-00006/0 and 12-31-38-00005-6030- 00007/0 by the Tax Collector of Indian River County), located northeast of the proposed sandmining excavation, I object to the Special Use Permit on grounds the site is a danger to adjacant properties, subjecting them to more rapid erosion into existing waterways (bordering the proposed pit on three sides) as water seeps into the pit and erodes the pit walls. The residential aspects of the area would be lost with such an operation in the area, and it would become an attractive nuisance in the area, increasing the City's liability to damage suits from injured parties. And after the sandmining was completed, what would the pit owner be required to do to restore the area? I hope these considerations are taken into account when making any decision. Sincerely, LARR~ . Z ~ 7//,. LN Surgery Clinic Lan Khac Nguyen, M.D., F.~C.S. Diplomate of American Board of Surgery 9500 Bolsa Avenue, Suite I · Westminster, CA 92683 · (714) 839-7693 May 3, 1996 City of Sebastian 1225 Main Street Sebastian, Florida 32958-8697 Atto: Ms. Kathryn M. O'Halloran City Clerk City of Sebastian Re: Propea'ty e;~cavation Dear Ms. O'Halloran: We received a certified letter from your office informing us about the sandmining project that may required the excavation of the property outlined in the letter. We were concerned about the above decision and wish to appeal it in order to cancel the excavation project. We are worried that this project will adversely affect the value of our property. We are the owners of Lot 13, Block 503, Unit 14, Sebastian Highlands. Thank you. Lan K. Nguyen, M.D., F.A.C.S. Xuan~Lan T. Nguyen, R.Ph. TO-TOM FRAME SEBaSTIaN CITY~'MANAGER FROM' CAROL?f'.I CORUM ~81 DOLDRES ST. 388-2966 RE'COUNCIL MEETING 5-08-96, R-96-33 I'M REQUESTING THAT THE ATTACHED MEMO BE READ INTO THE MINUTES OF THE. COUNCIL MEETING OF 5-08-96, DURRING THE PUBLIC HEARING TIME PERIOD FUN Nbo3LUTION MCI. R-96-33. ALLSLq THAT THE MAYOR AND EACH COUNCIL MEMBER RECIEVE A 'WRITTEN CCIPY. THANK YOU LN Surgery Clinic Lan Kllac Ng~yen, M.D., F.A.C.S. Diplomate of American Board of Surgery 9500 Bolsa Avenue, Suite I · Westminster, CA 92683 (714) 839-7693 May 3, 1996 City of Sebastian 1225 Main Street Sebastian, Florida 32958-8697 Attn: Ms. Kathryn M. O'Halloran City Clerk City of Sebastian Re: Property qxc.~va~tion Dear Ms. O'Halloran: We received a certified letter from your office informing us about the sandmining project that may required the excavation of the property outlined in the letter. We were concerned about the above decision and wish to appeal it in order to cancel the excavation project. We are worried that this project will adversely affect the value of our property. We are the owners of Lot 13, Block 503, Unit 14, Sebastian Highlands. Thank you. Sin Lan K. Nguyen, M.D., F.A.C.S. Xuan-Lan T. Nguyen, R.Ph.