HomeMy WebLinkAbout06051996 City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 5, 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. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Harold Lee, First Baptist Church
4. ROLL CALL
5. 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)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
96.108 A. Presentation of Plaque - Nicolas Messina - Construction Board -
10/94 Through 4/96
96.019
QUASI-JUDICIAL HEARING
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 10 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
ORDINANCE NO. O-96-11 - Comprehensive Land Use Plan
Amendment in Accordance with Stipulated Settlement Agreement
(Community Development Transmittal 5/23/96, O-96-11)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO CHANGES IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE
COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER
COUNTY RURAL DISTRICT TO CITY LD (LOW DENSITY)
DISTRICT FOR LAND LOCATED IN THE SOUTHWEST SECTION OF
THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS,
LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET
AND NORTH OF THE SEBASTIAN RIVER FLOODWAY; AMENDING
OBJECTIVE 4-1.3.1 OF THE SEBASTIAN COMPREHENSIVE PLAN
GOALS OBJECTIVES AND POLICIES TO PROVIDE THAT THE
UNDEVELOPED 1 $.4 ACRES OF LAND LOCATED SOUTH OF
BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13, AND WEST OF
LACONIA STREET SHALL HAVE A DENSITY NOT TO EXCEED
96.039
ONE UNIT PER ACRE IF THE DEVELOPMENT UTILLZES SEPTIC
TANK AND WELL SYSTEMS AND THAT IF PUBLIC WATER AND
SEWER IS CONSTRUCTED THE DENSITY SHALL NOT EXCEED
FIVE UNITS PER ACRE, iN COMPLIANCE WITH THE STIPULATED
SETTLEMENT AGREEMENT ENTERED iNTO BETWEEN THE CITY
OF SEBASTIAN AND THE DEPARTMENT OF COMMUNITY
AFFAIRS DATED APRIL 9, 1996; PROVIDiNG FOR COPIES OF THE
COMPREHENSIVE PLAN REMEDIAL AMENDMENT TO BE
TRANSMITTED TO ALL PARTIES AS REQUIRED BY THE
STIPULATED SETTLEMENT AGREEMENT AND RULE 9J-11.011,
FLORIDA ADMiNISTRATIVE CODE; PROVIDiNG FOR REPEAL OF
ORDiNANCES OR PARTS OF ORDiNANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (1 st Reading 5/22/96, Advertised 5/29/96,
PH and Adoption 6/5/96)
RESOLUTION NO, R-96-45 - Harbor Point Subdivision Final Plat
(Community Development Transmittal 5/30/96, R-96-45,
Application, Rushnell Comments Forthcoming, Settles Comments
Forthcoming, Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAiNiNG TO THE ACCEPTANCE OF A
FiNAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF
HARBOR POINT SUBDIVISION, A REPLAT OF ALL OF TRACT A,
LOTS I THOUGH 16 OF BLOCK 510, LOTS I THROUGH 26 OF
BLOCK 511 AND LOTS I THROUGH 21 OF BLOCK 512 AND ALL
RIGHTS-OF-WAY BETWEEN SAID LOTS AND BLOCKS AS SHOWN
ON PLAT OF SEBASTIAN HIGHLANDS UNIT 16, CONSISTING OF
18.72 ACRES, MORE OR LESS, LYING IN SECTION 13, TOWNSHIP
31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; AUTHORIZiNG THE MAYOR TO SIGN THE
PLAT AND THE CITY CLERK TO ATTEST; 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.
3
96.109
96.110/
95.014
CONSENT AGENDA
All items on the consent agenda are considered to be routine and wdl 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 - 5/22/96 Regular Meeting
RESOLUTION NO, R-96-41 - Fee for Dishonored Check - Repeals
R-87-30 (Finance Director Transmittal 5/21/96, R-96-41)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO.
R-87-30 WHICH ESTABLISHED THE SERVICE FEE FOR A
DISHONORED CHECK, DRAFT, OR ORDER FOR THE
PAYMENT OF MONEY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. ~o96-42 - Authorizing Mayor to Execute
- Amendment to Contract w/DCA Re: CDBG (City Manager
Transmittal 5/28/96, DCA Letter 5/20/96, R-96-42)
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 AMENDMENT TO THE COMMUNITY
DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (THE
"DCA") AND THE CITY OF SEBASTIAN; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
4
96.111
96.112/
95.098
RESOLUTION NO. R-96-44 - Grant Easement to IRC - Authorize
Mayor to Execute - CR 512/Louisiana Intersection Drainage (City
Manager Transmittal 5/30/96, R-96-44, Grant of Easement
w/Attached Legal)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO UTILITY
EASEMENTS; GRANTING AN EASEMENT TO INDIAN RIVER
COUNTY TO FACILITATE DRAINAGE IMPROVEMENTS FOR
THE INTERSECTION OF CR 512 AND LOUISIANA AVENUE;
AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST, ON BEHALF OF THE CITY, THE GRANT
OF EASEMENT; PROVIDING THAT THE GRANTEE SHALL
RECORD THE EASEMENT AND FURNISH A COPY OF THE
RECORDED INSTRUMENT TO THE CITY CLERK;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
RESOLUTION NO. R-96-46 - Authorizing Mayor to Execute Cost
Share Agreement with St. Johns River Water Management
Agreement - Drainage Management Plan (City Manager Transmittal
5/28/96, Cost Share Agreement, .R-96-46)
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, A COST SHARE AGREEMENT BETWEEN ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE
CITY OF SEBASTIAN FOR DEVELOPMENT AND
IMPLEMENTATION OF A MUNICIPAL SURFACE WATER
DRAINAGE MANAGEMENT PLAN, SOUTH PRONG, ST.
SEBASTIAN RIVER; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
96.013
96.113
96.114/
95.018
96.080
96.115
BESOLUTION ND. R-96-47 - Authorizing Mayor to Execute
Amended Contract with City Attorney Valerie Settles (City Manager
Transmittal 5/28/96, IRS Guidelines, R-96-47, Revised Agreement
Forthcoming)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO.
R-96-32; AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, THE
AMENDED LETTER OF AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF SEBASTIAN AND VALERIE F.
SETTLES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Appropriate Additional $2,939 in Capital Outlay Budget, Non-
Departmental for Purchase of Four Trucks for Public Works - Waive
Sealed Bidding Procedure for Purchase from - Piggyback Dade
County and State Contracts - $77,939.00 - Don Reid Ford and
Atlantic Truck Sales (Public Works Transmittal 5/23/96, Summary
Shee0
Authorize City Manager to Make Appropriate Corrections to Three
Driveways on Easy Street - Replace Asphalt with Concrete (City
Manager Memo 5/30/96, Public Works Director Memo 5/27/96)
Authorize Closing of Indian River Drive from Riverview Park to
Davis Street at 6:30 a.m. for the 4th of July Chamber of Commerce
5-K Run/Walk (City Manager Transmittal 5/28/96, Chamber of
Commerce Letter 5/22/96)
Olympic Torch Committee - Request to Use Riverview Park - July 6,
1996 - 3 pm to 9 pm - Waiver of Electrical and Other Fees - Request
to Close Harrison Street and Fellsmere Road from U.S. 1 to Indian
River Drive from Midnight 6/5/96 to 9 pm 6/6/96 (City Manager
Transmittal 5/28/96, Herzog Letter 5/21/96, Swift Letter 5/28/96)
9. PRESENTATIONS - None
10.
96.116
96.009
COMMIT~F.~ REPORTS/RECOMMENDATIONS
A. Handicapped Self-Evaluation Committee
Interview if Deemed Necessary - Board Recommends
Reappointment of Edra Young, George Schum and John
Kanfoush to Three Year Terms to Expire June 1999 - No
Inteviews Required - No Other Applications Received
(Human Resources Transmittal 5/29/96, 3 Applications)
B. Rivefftont Committee
RESOLUTION NO. R-96-43 - Establish Theme for
Riverfront - "Old Florida Fishing Village"
(Community Development Transmittal 5/30/96, R-96-43)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA TO ADOPT THE THEME OF AN
"OLD FLORIDA FISHING VILLAGE" FOR THE RIVERFRONT
AREA OF THE CITY, DIRECTING THE STAFF TO DEVELOP
ORDINANCES, POLICIES AND/OR PROCEDURES TO
IMPLEMENT SAID THEME, PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
11. OLiO I~USINESS - None
7
12. NEW BUSINESS
96.117
Ao
ORDIN~C~ NO. 0-96-12 - Skillman Comprehensive Land Use
Amendment - CL (Commercial Limited) to MDR (Medium Density
Residential) - 5. Acres 100 Feet West of Post Office (Community
Development Transmittal 5/30/96, O-96-12)
1st Reading, Set Quasi-Judicial Public Hearing 6/26/96
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING A SMALL SCALE AMENDMENT
TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE
LAND USE MAP FROM CL (COMMERCIAL LIMITED) TO MDR
(MEDIUM DENSITY RESIDENTIAL) FOR LAND CONSISTING OF 5.6
ACRES, MORE OR LESS, LOCATED SOUTH OF MAIN STREET,
EAST OF J & W SUBDIVISION AND 100 FEET WEST OF THE U.S.
POST OFFICE PROPERTY; FINDING THAT THE COMPREHENSIVE
PLAN AMENDMENT QUALIFIES AS A SMALL SCALE
AMENDMENT UNDER FLORIDA STATUTES SECTION 163.3187 (1)
(C); PROVIDING FOR COPIES OF THE SMALL SCALE
AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS
REQUIRED BY FLORIDA STATUTES SECTION 163.3184 (7);
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
13.
[~TRODUCTION OF NEW I~USINESS FROM THE I~I.I. BLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
14. CITY COUNCIL MATTERS
A. Mr. Richard Taracka
B. Mayor Louise Cartwright
C. Vice Mayor Walter Barnes
D. Mrs. Norma Damp
E. Mr. Raymond Halloran
8
15. CITY ATTORNEY MATTERS
16. CITY MANAGEI~ MATTERS
17. 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 MA Y NEED TO
ENSURE THAT A VERBATIM RECO~ 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.
9
QUASI-JUDICIAL HEARING SIGN-UP SHEET
JUNE 5, 1996
96.019 A.
ORDINANCE NO. 0-96-11 - Comprehensive Land Use Plan
Amendment in Accordance with Stipulated Settlement Agreement
(Community Development Transmittal 5/23/96, 0-96-11)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO CHANGES IN THE COMPREHENSIVE LAND USE
PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM
INDIAN RIVER COUNTY RURAL DISTRICT TO CITY LD (LOW DENSITY)
DISTRICT FOR LAND LOCATED IN THE SOUTHWEST SECTION OF THE CITY,
APPROXIMATELY 18.4 ACRES, MORE OR LESS,
LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET AND NORTH
OF THE SEBASTIAN RIVER FLOODWAY; AMENDING OBJECTIVE 4-1.3.1 OF
THE SEBASTIAN COMPREHENSIVE PLAN GOALS OBJECTIVES AND POLICIES
TO PROVIDE THAT THE UNDEVELOPED 18.4 ACRES OF LAND LOCATED
SOUTH OF BLOCK 339, SEBASTIAN HIGHLANDS UNiT 13, AND WEST OF
LACONIA STREET SHALL HAVE A DENSITY NOT TO EXCEED ONE UNIT PER
ACRE IF THE DEVELOPMENT UTILIZES SEPTIC TANK AND WELL SYSTEMS
AND THAT IF PUBLIC WATER AND SEWER IS CONSTRUCTED THE DENSITY
SHALL NOT EXCEED FIVE UNITS PER ACRE, IN COMPLIANCE WITH THE
STIPULATED SETTLEMENT AGREEMENT ENTERED INTO BETWEEN THE
CITY OF SEBASTIAN AND THE DEPARTMENT OF COMMUNITY AFFAIRS
DATED APRIL 9, 1996; PROVIDING FOR COPIES OF THE COMPREHENSIVE
PLAN REMEDIAL AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS
REQUIRED BY THE STIPULATED SETTLEMENT AGREEMENT AND RULE 9J-
11.011, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 5/22/96, Advertised 5/29/96, PH and Adoption 6/5/96)
Name
Address
For Against information
QUASI-JUDICIAL HEARING SIGN-UP SHEET
JUNE 5, 1996
96.039 B.
RESOLUTION NO. R-96-45 - Harbor Point Subdivision Final Plat
(Community Development Transmittal 5/30/96, R-96-45,
Application, Rushnell Comments Forthcoming, Settles Comments
Forthcoming, Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION
PLAT; ACCEPTING THE FINAL PLAT OF HARBOR POINT SUBDIVISION, A
REPLAT OF ALL OF TRACT A, LOTS 1 THOUGH 16 OF BLOCK 510, LOTS 1
THROUGH 26 OF BLOCK 511 AND LOTS 1 THROUGH 21 OF BLOCK 512 AND
ALL RIGHTS-OF-WAY BETWEEN SAiD LOTS AND BLOCKS AS SHOWN ON
PLAT OF SEBASTIAN HIGHLANDS UNIT 16, CONSISTING OF 18.72 ACRES,
MORE OR LESS, LYING IN SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38
EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA;
AUTHORIZING THE MAYOR TO SIGN THE PLAT AND THE CITY CLERK TO
ATTEST; 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
PUBLIC INPUT ON AGENDA ITEMS
SIGH-UP SHEET
JUNE 5, 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
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enda Item No. and Title: ::'3 ~, ("~q' Il,,," ,.,~.,.~ :..,~ ~, :....
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2
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
JUNE 5, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT
OTHER WISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES
Name: ~/~,/~ ,~
Subject: ~~ ~ ~9-~.~.~.
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Address:
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City of Sebastian
1225 MAIN STREET n SEBASTIAN,'FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 5, 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. Invocation was given by Reverend Harold Lee, First Baptist Church.
4. ROLL CALL
City Council Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
StaffPresent:
City Manager, Thomas Frame
City Attorney, Valerie Settles (8:15 p.m.)
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Finance Director, Joel Haniford
City Planner, Robert Massarelli
Regular City Council Meeting
June 5, 1996
Page Two
Se
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)
Mayor Cartwright requested that the quasi-judicial hearing be postponed for
the arrival of the City Attorney.
MOTION by Barnes/Taracka
I'll move that we postpone the Ordinance No. O-96-11 and
Resolution No. R-96-45 until such time as the City Attorney arrives.
The City Manager recommended that Resolution No. R-96-45 be pulled
from the agenda. It was decided not to remove it at this time.
ROLL CALL:
Mr. Barnes
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Cartwright
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Mayor Cartwright noted a request for addition to the agenda regarding
COPS grant funds (see June 4, 1996 memo attached).
MOTION by Camvfight/I-Ialloran
I'll move that we add it to New Business item 12 B as in boy.
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
June 5, 1996
Page Three
6. I~ROCLAMATIONS AND/OR ANNOUNCEMENTS
96.108 A.
Prcsentafior~ of Plaque - Nicolas Messina - Construction Board -
10/94 Through 4/~6
Vice Mayor Barnes read the plaque, however, Mr. Messina was not present
to accept it.
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 - 5/22/96 Regular Meeting
96.109
RESOLUTION NO, R-96-41 - Fee for Dishonored Check - Repeals
R-87-30 (Finance Director Transmittal 5/21/96, R-96-41)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO.
R-87o30 WHICH ESTABLISHED THE SERVICE FEE FOR A
DISHONORED CHECK, DRAFT, OR ORDER FOR THE
PAYMENT OF MONEY; 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
June 5, 1996
Page Five
96.112/ E.
95.098
RESOLUTION NO, R-96-46 - Authorizing Mayor to Execute Cost
Share Agreement with St. Johns River Water Management
District - Drainage Management Plan (City Manager Transmittal
5/28/96, Cost Share Agreement, R-96-46)
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, A COST SHARE AGREEMENT BETWEEN ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE
CITY OF SEBASTIAN FOR DEVELOPMENT AND
IMPLEMENTATION OF A MUNICIPAL SURFACE WATER
DRAINAGE MANAGEMENT PLAN, SOUTH PRONG, ST.
SEBASTIAN RIVER; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
96.013 F.
RESOLUTION_NO, R-96-47 - Authorizing Mayor to Execute
Amended Contract with City Attorney Valerie Settles (City Manager
Transmittal 5/28/96, IRS Guidelines, R-96-47, Revised Agreement
Forthcoming)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO.
R-96-32; AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, THE
AMENDED LETTER OF AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF SEBASTIAN AND VALERIE F.
SETTLES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
5
Regular City Council Meeting
June 5, 1996
Page Six
96.113 (3.
96.114/ H.
95.018
96.080 I.
96.115 J.
Appropriate Additional $2,939 in Capital Outlay Budget, Non-
Departmental for Purchase of Four Trucks for Public Works - Waive
Sealed Bidding Procedure for Purchase from - Piggyback Dade
County and State Contracts - $77,939.00 - Don Reid Ford and
Atlantic Truck Sales (Public Works Transmittal 5/23/96, Summary
Sheet)
Authorize City Manager to Make Appropriate Corrections to Three
Driveways on Easy Street - Replace Asphalt with Concrete (City
Manager Memo 5/30/96, Public Works Director Memo 5/27/96)
Authorize Closing of Indian River Drive from Riverview Park to
Davis Street at 6:30 a.m. for the 4th of July Chamber of Commerce
5-K Run/Walk (City Manager Transmittal 5/28/96, Chamber of
Commerce Letter 5/22/96)
Olympic Torch Committee - Request to Use Riverview Park - July 6,
1996 - 3 pm to 9 pm - Waiver of Electrical and Other Fees - Request
to Close Harrison Street and Fellsmere Road from U.S. 1 to Indian
River Drive from Midnight 6/5/96 to 9 pm 6/6/96 (City Manager
Transmittal 5/28/96, Herzog Letter 5/21/96, Swift Letter 5/28/96)
The City Manager read the consent agenda; the City Clerk read Resolution
Nos. R-96-41, R-96-42, R-96-44, R-96-46 and R-96-47.
Mr. Halloran removed item H; and Mayor Cartwright removed items B,
item E on behalf of John Hill? item G, and items I and J on behalf of
Virginia King.
MOTION ~by Halloran/Cartwright
I move to approve items C, D and F on the consent agenda, item A.
Regular City Council Meeting
June 5, 1996
Page Seven
ROLL CALL:
Mr. Halloran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Item B - Resolution No. R-96-41
Mayor Cartwright inquired whether this was in addition to other
insufficient cheek fees charged by the bank and the City Manager explained
that it was.
MOTION by Cartwright/Halloran
I move to adopt Resolution 96-41 which amends Resolution R-87-30
to the Section 166.251 Florida Statutes maximum service fee amount of $20
for dishonored checks.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye.
Mr. Halloran - aye
MOTION CARRIED 5-0
Ite~n E - Cost Share Agrecmertt
John Hill, Craven Thompson & Associates, Inc., gave a presentation
relative to Phase I and the overall proposed stormwater project. He
requested authorization to utilize Council Chambers to conduct public
meetings to obtain public input.
Regular City Council Meeting
June 5, 1996
Page Eight
TAPE I - SIDE II (7:50 p.m.)
Mr. Hill responded to questions from City Council, noted that there were
newsletters available and stated that public comment is welcome.
The City Manager discussed methods for local funding for certain elements
of the project, and the possibility of contracting out some of the work.
MOTION by Bames/Taracka
I'll make a motion to approve Resolution No. R-96-46 authorizing
the Mayor to execute the cost share agreement between the St. Johns River
Water Management District and the City of Sebastian which includes the
recommended changes by Clifton McClelland, Jr.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
Item F - Resolution No. R-96-47 - Settles Agreement
Mayor Cartwright expressed concern for a services contract with
diminished commitment on both sides and undefined services and said she
reads the IRS rules as guidelines only.
The City Manager said the IRS guidelines had been brought to his attention
by the Finance Director based on previous auditor comments regarding the
Golf Course Manager contract, further explaining that if specific hours
were left in the contract the IRS could look at Ms. Settles as an "employee"
of the City and the liability to the City could be an additional cost of $3500
annually. He said if Council wished, the original agreement could be
considered.
Regular City Council Meeting
June 5, 1996
Page Ten
Item G - Publi~ Works Truck Purchases
Mayor Cartwright said she pulled the item to amend revise the
recommendation. '
MOTION by Cartwright/Halloran
I move to approve an additional $2939 for the purchase of four
trucks from the Department of Public Works, I move to approve a bid
waiver to allow the purchase of three vehicles from a state contract from the
Don Reid Ford in the amount of $59,223 and purchase the F-350 crew cab
from Atlantic Ford Truck Sales through a piggyback contract with Dade
County in the amount of $18,710.00.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
It¢Ill H - Easy Street Driveyq. ay.~
In response to Mr. Halloran, the City Manager said the Public Works
Director and City Attorney were reviewing the bikepath contract relative to
responsibility.
MOTION by Barnes/Cartwright
I make a motion to approve item H of the consent agenda.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
10
Regular City Council Meeting
June 5, 1996
Page Eleven
Item I - 5K Run/Walk and Item J - Olympic Torch Ceremony
Vice Mayor Barnes said he had received a request for additional
handicfipped reserved parking for the Fourth of July. Ms. King advised him
to contact the Lion's Club, however, the City Manager said City staff will
address right-of-way matters~
MOTION by Cartwright/Halloran
I move to approve items I and J of the consent agenda.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
Mayor Cartwfight called recess from 8:25 p.m. to 8:38 p.m. All members
were present.
Mayor Cartwright announced that there had been a procedural error on the
consent agenda due to the fact that she had not removed item F for
discussion, it had been approved in the consent agenda motion, but that it
had then been discussed and denied. She requested that the motion to
approve items C, D, F and A should be withdrawn and restated.
Mr. Halloran removed his motion and Mayor Cartwright withdrew her
second.
ll
Regular City Council Meeting
June 5, 1996
Page Twelve
MOTION by Halloran/Cartwright
I'll restate the motion to approve items C, D and A of the consent
agenda item 8.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cart6tright - aye
MOTION CARRIED 5-0
Item F - R-9647
MOTION by Cartwright/Taracka
I move to deny item F, Resolution 96-47.
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
- aye
- aye
- aye
- aye
MOTION CARRIED 4-1 (Damp - nay)
12
Regular City Council Meeting
June 5, 1996
Page Thirteen
10. COMMITTEE REPORTS/RECOMMENDATIONS
A. Handicapped Self-Evaluation Committee
96.116 1.
~terviewjf D¢¢r~¢d Necessary - Board Reconunends
Reappointment of Edro young, George Schum and Jolul
Kanfoush to Three Year Tezi~S t0 Expire June 1999 - No
Int~v~¢w$ Required - No Other Applicatio~t$ Received
(Human~ Re,so. ur~$ Transmittal 5/29/96, 3 Applications)
No interviews were conducted since the applicants were not present.
MOTION by Barnes/Damp
I make a motion to reappoint them, Edra Young, George
Schum, and John Kanfoush to three year terms to expire June 1999.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
13
Regular City Council Meeting
June 5, 1996
Page Fourteen
B. Riverfront Committee
96.009 1.
RESOLUTION Iq_O. R-96-d~ - Establish Theme for
Riverfront - "Old Florida Fishing Village" (Community
Development Transmittal 5/30/96, R-96-43)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA TO ADOPT THE THEME OF AN
"OLD FLORIDA FISHING VILLAGE" FOR THE RIVERFRONT
AREA OF THE CITY, DIRECTING THE STAFF TO DEVELOP
ORDINANCES, POLICIES AND/OR PROCEDURES TO
IMPLEMENT SAID THEME, PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-43 by title only.
Mayor Cartwright noted' that a third revised resolution had been
distributed this evening (see attached).
Sal Neglia, 461 Georgia Boulevard, Sebastian, objected to use of
grant funds for a parking lot.
TAPE II - SIDE I (8:50 p.m.)
Mr. Neglia requested a list of Riverfront Committee members and
inquired why the June 10 workshop was being held during the day.
Ruth Sullivan, 1215 Indian River Drive, Sebastian, expressed
concern for the direction the Riverfront plan is taking.
The City Planner stated that the revised resolution eliminates
specific standards for development but adopts a set of principles and
a theme.
14
Regular City Council Meeting
June 5, 1996
Page Fifteen
Vice Mayor Barnes asked how the Committee intended to bring
items to the Council, as one final plan or piecemeal.
Tom Collins, Vero Beach, Chairman of the Riverfront Committee,
addressed City Council, stating that the committee has not had any
involvement in the parking lot or the bikepaths proposed for the
Riverfront. He said the committee had only proposed a theme
thus far and was seeking City Council concurrence with the theme at
this time. He said due to past submittal of a plan which was not
enacted by the City it might be better to introduce items in a
piecemeal fashion.
The City Manager explained the many issues involving the
Riverfront such as the Community Development Block Grant
currently being administered by CRA, the re-establishment of the
Riverfront Study Committee and the MPO bikepath grant. He said
he had invited Robert Johnson, Clark, Roumelis, to address the
Riverfront Committee on the CDBG at its last meeting.
The City Attorney suggested that Council set aside a time to meet as
the Community Development Agency and possibly utilize the
Riverfront Committee as an advisory committee to the CRA.
The City Manager said there is currently no final parking plan for the
Cavcorp property and ultimately, City Council could decide to
forfeit the grant. Fie said he intends to meet with FDOT to attempt
to revise the MPO bikepath project.
Mayor Cartwright described the changes in the third revision and
recommended references in the whereas clauses to the committee
state "1996".
Ruth Sullivan, member of Citizens Advisory Task Force, said that
committee does not intend to lose the bikepaths and do agree with
the CDBG funding for trailer parking at Cavcorp.
15
Regular City Council Meeting
June 5, 1996
Page Sixteen
The City Manager said he would like to sit down and talk to Mrs.
Sullivan about bikepath concerns. '
MOTION by Halloran/Cartwright
I'll move to approve Resolution No. R-96-43 as amended as
received by Council this evening including the principles statement.
In response to Vice Mayor Barnes' question about the boundaries of
the district, the City Manager said although boundaries are
established and fixed from the Community Redevelopment area, the
City Council has the authority to limit zoning regulations within the
district.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cam~ght - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
7. QUASI-JUDICIAL HEARING
96.019
ORDINANCE NO. 0-96-11 - Comprehensive Land Use Plan
Amendment in Accordance with Stipulated Settlement Agreement
(Community Development Transmittal 5/23/96, O-96-11)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO CHANGES IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE
COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER
COUNTY RURAL DISTRICT TO CITY LD (LOW DENSITY)
DISTRICT FOR LAND LOCATED IN THE SOUTHWEST SECTION OF
THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS,
LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET
AND NORTH OF THE SEBASTIAN RIVER FLOODWAY; AMENDING
16
Regular City Council Meeting
June 5, 1996
Page Seventeen
OBJECTIVE 4-1.3.1 OF THE SEBASTIAN COMPREHENSIVE PLAN
GOALS OBJECTIVES AND POLICIES TO PROVIDE THAT THE
UNDEVELOPED 18.4 ACRES OF LAND LOCATED SOUTH OF
BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13, AND WEST OF
LACONIA STREET SHALL HAVE A DENSITY NOT TO EXCEED
ONE UNIT PER ACRE IF THE DEVELOPMENT UTILIZES SEPTIC
TANK AND WELL SYSTEMS AND THAT IF PUBLIC WATER AND
SEWER IS CONSTRUCTED THE DENSITY SHALL NOT EXCEED
FIVE UNITS PER ACRE, IN COMPLIANCE WITH THE STIPULATED
SETTLEMENT AGREEMENT ENTERED INTO BETWEEN THE CITY
OF SEBASTIAN AND THE DEPARTMENT OF COMMUNITY
AFFAIRS DATED APRIL 9, 1996; PROVIDING FOR COPIES OF THE
COMPREHENSIVE PLAN REMEDIAL AMENDMENT TO BE
TRANSMITTED TO ALL PARTIES AS REQUIRED BY THE
STIPULATED SETTLEMENT AGREEMENT AND RULE 9J-11.011,
FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (1 st Reading 5/22/96, Advertised 5/29/96,
PH and Adoption 6/5/96)
Mayor Cagwright opened the quasi-judicial hearing at 9:37 p.m.
TAPE II - SIDE II (9:38 p.m.)
The City Attorney read Ordinance No. 0-96-11 by title only; and the City
Clerk swore in all those who intended to offer testimony.
There was no ex-page communication disclosed.
The City Planner gave a history of the finding of non-compliance by DCA
due to the City's adoption of Ordinance No. 0-92-07; explained the
purpose of this hearing and Ordinance adoption; briefly described each
amendment to the Comprehensive plan and recommended approval.
17
Regular City Council Meeting
June 5, 1996
Page Eighteen
Mayor Cartwright closed the quasi-judicial heating at 9:46 p.m.
MOTION by Damp/Barnes
I move that we adopt Ordinance No. 0-96-11 which is the
improvement to settlement agreement of the DCA.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
96.039
Bo
RF,$OLUTION NO~ R-96-4~ - Harbor Point Subdivision Final Plat
(Community Development Transmittal 5/30/96, R-96-45,
Application, Rushnell Comments Forthcoming, Settles Comments
Forthcoming, Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF
HARBOR POINT SUBDIVISION, A REPLAT OF ALL OF TRACT A,
LOTS 1 THOUGH 16 OF BLOCK 510, LOTS 1 THROUGH 26 OF
BLOCK 511 AND LOTS 1 THROUGH 21 OF BLOCK 512 AND ALL
RIGHTS-OF-WAY BETWEEN SAID LOTS AND BLOCKS AS SHOWN
ON PLAT OF SEBASTIAN HIGHLANDS UNIT 16, CONSISTING OF
18.72 ACRES, MORE OR LESS, LYING IN SECTION 13, TOWNSHIP
31 SOUTH, RANGE 3 8 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE
PLAT AND THE CITY CLERK TO ATTEST; 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.
18
Regular City Council Meeting
June 5, 1996
Page Nineteen
Mayor Cartwright reminded Council that the City Manager had requested
that this item be removed from the agenda and, once the hearing was
opened she would like a motion to continue the item to July 10, 1996. She
then opened the quasi-judicial hearing at 9:47 p.m.
MOTION by Halloran/Cartwright
I move to continue item 96.039 to Council meeting July 10, 1996.
The City Attorney said it was appropriate for the applicant to argue the
motion for continuance.
The City Clerk swore in all those who intended to offer testimony.
Randy Mosby, Mosby and Associates, representing the applicant, objected
to the continuance.
The City Planner summarized the deficiencies in the plat as presented that
could not be resolved prior to the meeting relative to dedications, signature
blocks, survey descriptions, and easements.
Mr. Mosby reiterated his objection to continuance, stating the deficiencies
were minor and could be resolved tomorrow.
Mayor Cartwright inquired whether the issues were minor and whether they
can be resolved by the next regular meeting.
The City Planner said most of the issues are minor, however, two issues
particularly stand in the way of approval tonight; 1) the Land Development
Code requires receipt of recommendations from the City Engineer and City
Attorney within 30 days; and 2) he was informed yesterday that the
applicant wants to dedicate the stormwater retention area to the City, a
matter he has not had sufficient time to review, but has found that easement
access to the area is deficient.
19
Regular City Council Meeting
June 5, 1996
Page Twenty
The City Manager recommended giving the applicant an oppommity to
resolve the outstanding issues by June 26, 1996.
Mr. Halloran and Mayor Cartwright amended the motion to continue the
heating to June 26, 1996.
Mr. Mosby said he would be taking back his $28,000 bond.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwdght - aye
MOTION CARRIED 5-0
Mayor Cartwright closed the hearing at 10:00 p.m.
PRESENTATIONS
None.
11.
OLD BUSINESS
None.
20
Regular City Council Meeting
June 5, 1996
Page Twenty-One
12.
NEW BUSINESS
96.117 A.
ORDINANCE NO. 0-96-12 - Skillman Comprehensive Land Use
Amendment - CL (Commercial Limited) to MDR (Medium Density
Residential) - 5.6 Acres 100 Feet West of Post Office (Community
Development Transmittal 5/30/96, 0-96-12)
1st Reading, Set Quasi-Judicial Public Hearing 6/26/96
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING A SMALL SCALE AMENDMENT
TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE
LAND USE MAP FROM CL (COMMERCIAL LIMITED) TO MDR
(MEDIUM DENSITY RESIDENTIAL) FOR LAND CONSISTING OF 5.6
ACRES, MORE OR LESS, LOCATED SOUTH OF MAIN STREET,
EAST OF J & W SUBDIVISION AND 100 FEET WEST OF THE U.S.
POST OFFICE PROPERTY; FINDING THAT THE COMPREHENSIVE
PLAN AMENDMENT QUALIFIES AS A SMALL SCALE
AMENDMENT UNDER FLORIDA STATUTES SECTION 163.3187 (1)
(C); PROVIDING FOR COPIES OF THE SMALL SCALE
AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS
REQUIRED BY FLORIDA STATUTES SECTION 163.3184 (7);
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH', PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-96-12 by title only.
21
Regular City Council Meeting
June 5, 1996
Page Twenty-Two
MOTION by Cartwright/Damp
I move to accept the fu'st reading of Ordinance 96-12 and schedule
the quasi-judicial hearing and second reading for June 26, 1996.
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
B. COPS (~rant
The City Manager reiterated his request to complete the budget worksheet
and to commit the City to funding two new police officer in accordance
with the COPS Universal Hiring Grant Award.
MOTION by Damp/Cartwright
I move that we accept the COPS program hiring for the two officers.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
22
Regular City Council Meeting
June 5, 1996
Page Twenty-Three
13.
INTRODUCTION OF NEW BUSINESS FIIlK}M THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Marilyn Torbor, DelMonte Road, Sebastian, representing her neighbors,
spoke on the FPL utility road which is being used by eighteen wheelers to
travel to groves and also that they are leaving equipment on DelMonte
while spraying the groves. She questioned whether the road can be closed
off.
The City Manager said he visited the site today, would review the matter
and said he would contact Indian River County regarding the parking of
vehicles on DelMonte.
Harry Thomas, 654 Balboa Street, Sebastian, discussed the use of dirt bikes
on the access road; and said he, as member of the MPO citizen committee
can report to Council on MPO issues.
At 10:25 p.m. discussion took plac~ on meeting extensions and motion was
made.
MOTION by Damp/Taracka
I make a motion we extend for 15 minutes.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - nay
MOTION was discontinued - unanimous vote required for extension.
TAPE III - SIDE I (10:27 p.m.)
Herbert Sturm, 549 Saunders Street, Sebastian, said the City Manager had
been notified that the Governor's office would not assist in an investigation
of the Police Department; discussed his complaint against the City Clerk;
and said exit signs in the Chambers are not working.
23
Regular City Council Meeting
June 5, 1996
Page Twenty-Four
Mayor Cartwright adjourned the Regular Meeting at 10:30 p.m.
matters were not addressed.
The following
14. CITY COUNCIL MATTERS
A. Mr. Kichard Taracka
15.
C.
D.
E.
Mayor Louise Cartwri~t
Vice Mayor Walter 15arne~
Mrs. Norma Damp
Mr. Raymond Halloran
CITY ATTORNEY MATTERS
16. CITY MANAGER MATTERS
Approved at the~~-~j
~ 1~1-: O.;I~alloran, CMC/AAE
-'. City Clerk r
,1996, Regular City Council Meeting.
Mayor
24