HomeMy WebLinkAbout06261996 City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JUNE 26, 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
- 1225MAINSTREET, SEBASTIAN, FLORIDA
llndividuals 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 O]iDER
2. PLEDGE OF ALLEGIANCE
INVOCATION
4. ROLL CALL
5. AGENDA MODIFICATION~./,ADDITIONS AND/OR DELETION~
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 ANNOUNCEMENT$
96.117
96.138/
95.184
QUASI-JUDICIAL HEARING
Procedures for Quasi*Judicial Hearings as Follows (In accordance with R-95-39):
· Mayor Opens Hearing-Outlines Rules
· City Attorney reaa~ Ordinance or Resolution (ifApplicable)
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
Skillman Comprehensive Land Use Plan Amendment - Hearing and Adoption (Community
Development Transmittal 6/12/96, 0-96-12, Application, Area Map, Staff Report, P & Z
Recommendation)
ORDINANCE NO. O-96-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO Ti-IE
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. (1 st Reading 6/5/96, Display Ad
6/19/96, Letters 6/14/96, Hearing 6/26/96)
Sandridge Estates Apartments - E & E Development - Request One Year Site Plan Time
Extension (Community Development Transmittal 6/14/96, Mosby & Associates Letter
6/11/96, Site Plan Application, Site Map)
2
96.139
96.113
96.140
96.141
96.142
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 - 6/5/96 Regular Meeting, 6/10/96 Workshop
Inteflocal Agreement - IRC/City of Sebastian - Local Option Gas Tax Distribution -
Adopt R-96-49 (City Manager Transmittal 6/20/96, R-96-49, Intedocal Agreement)
RESOLUTION lqO. R-96-49
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST, ON BEHALF OF THE CITY, AN INTERLOCAL AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND THE CITY OF SEBASTIAN FOR THE
PURPOSE OF PROVIDING FOR THE DIVISION AND DISTRIBUTION OF THE
PROCEEDS OF THE LOCAL OPTION GAS TAX; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Correct 6/5/96 Council Action Re: Public Works Truck Purchases - City Manager
Recommendation - (City Manager Memo 6/19/96, Pg 2 of 6/5/96 Agenda Request,
Summary)
lfRES~NTATIONS - None
COMMITTEE REPORTS/RECOMMENDATIONS
A. Plarming and Zonillg Commission
Interview and Appoint Regular Member - Three Year Term to Expire 5/99 -
Commission Recommends Carl Fischer (Community Development Transmittal
6/17/96, Applications, P & Z Memo 6/7/96, Sec. 10 - R-94-51)
B. Tree Advisory Board
Create Two Alternate Member Positions - Direct Staffto Prepare Ordinance to
Amend 20A~ 14.16 LDC (Community Development Transmittal 6/12/96, Tree
Board Secretary Memo 6/12/96, Sec. 20A-14.16)
Interview and Appoint Two Regular Members for Two Year Terms to Expire 4/98
- Board Recommends Carl Fischer and Sally Gore (Community Development
Transmittal 6/12/96, Tree Board Secretary Memo 6/12/96, Sec. 10 - R-94-51,
Sec. 20A-14.16.B.)
3
11. OLD BUSINESS
130
96.143
96.144
144
96.045
12.
A. Review City Council Pending List (List 6/20/96)
NEW BUSINESS
Ao
Dayco Products, Inc. - Request Use of Riverview Park for Company Picnic - July 20,
1996 - 8:00 a.m. to 5:00 p.m. - 100 People - Use of Electricity - Placement of Moonwalk
(Community Development Transmittal 6/14/96, Dustin Letter 6/6/96)
Proposed Phase i Water Line Extension by IRC Utilities - Waive 60 Day Requirement
from Section 6.0703) oflnterlocal Agreement - Adopt R-96-48 (City Manager Memo
6/19/96, R-96-48, 24 Page IRC Utilities Fax 6/17/96)
RESOLUTION NO, 1~,-96-48
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, WAIVING THE SIXTY DAY REQUIREMENT IMPOSED BY SECTION
6.0703) OF THE INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER
COUNTY AND THE CITY OF SEBASTIAN PROVIDING FOR THE TRANSFER OF
THE CITY OF SEBASTIAN WATER AND WASTEWATER SYSTEM; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Authorize City Manager to Notify Indian River County of City's Non-Objection to 2%
Interest Surcharge for Water Assessment (See City Manager Memo Listed in Item B)
Centralized Procurement System for Acquisition of Goods and Services - Accept 0-96-10
on 1 st Reading and Set Public Hearing 7/24/96 (City Manager Transmittal 6/20/96, 0-96-
10)
ORDINANCE NQ~ 0-96-10
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING AND PROVIDING FOR A CENTRALIZED
PROCUREMENT SYSTEM FOR THE ACQUISITION OF GOODS AND SERVICES
FOR THE CITY OF SEBASTIAN; ESTABLISHING A PURCHASING AND
BIDDING POLICY; PROVIDING FOR SEALED COMPETITIVE BIDDING ON
PROCUREMENT IN EXCESS OF $5,000.00; PROVIDING FOR OTHER METHODS
OF COMPETITIVE BIDDING ON PURCHASES UNDER $5,000.00; PROVIDING
EXCEPTIONS; PROVIDING FOR THE LIMITS AND DELEGATION OF
PURCHASING AUTHORITY; PROVIDING FOR THE ESTABLISHMENT OF
ADMINISTRATIVE GUIDELINES FOR PURCHASING PROCEDURES KNOWN AS
THE "PURCHASING MANUAL"; PROVIDING FOR THE REPEAL OF CERTAIN
ORDINANCES, RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE INCLUSION OF THiS ORDINANCE IN CITY OF SEBASTIAN CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
96.145
96.119
96.146
96.147
13.
14.
15.
16.
Hyatt Rezoning - CL to IN - Accept O-96-13 on 1 st Reading and Set Public Hearing
7/10/96 (Community Development Transmittal 6/18/96, 0-96-13)
ORDINANCE biO. O-9~- 1)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REZONING CERTAIN PROPERTY DESCRIBED AS THAT PART OF
TH NE 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39
EAST, LYING WEST OF THE WEST RIGHT-OF-WAY OF THE FLORIDA EAST
COAST RAILROAD, LESS AND EXCEPT THE FOLLOWING TWO PARCELS: THE
NORTH 6.5 ACRES OF THE NE 1/4 OF THE SE 1/4 AND THE SOUTH 150 FEET
THEREOF, COMPRISED OF 8.23 ACRES, MORE OR LESS, FROM CL
(COMMERCIAL LIMITED) TO IN (INDUSTRIAL), PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Tentative Approval of Indian River Community College Development of a Strategic Plan
for the City of Sebastian (City Manager Memo 6/20/96, Sullivan Memo 6/10/96, Planning
Proposal)
Golf Promotion - Indian River National Bank (City Manager Memo 6/20/96, Evans Memo
6/14/96)
Brevard Teaching and Research Lab Tour - City Clerk Request for Date Selection (City
Clerk Transmittal 6/20/96, Whitcomb Letter 6/13/96)
INTRODUCTION OF NEW BUSINg~,$ FROM THE PUBLIC
Which is not otherwise on the agenda - Bmit often minutes for each speaker
CITY COUNCIL 1V~ATTERS
A. Mr. Ri~ard Taracka
B. Mayor Louise Cartwfight
C. Vice Mayor Walter Barnes
D. Mrs. Norma Daml~
E. Mr. Raymond Hallorar~
CITY ATTORNEY MATTERS
CiTY MANAGER MATTERS
17~ ADJOURN
ANY PERSON WHO DECIDES TO APPFAL 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 TESIIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
13I 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 1N ADVANCE OF THIS MEETING.
QUASI-JUDICIAL HEARING SIGN-UP SHEET
JUNE 26, 1996
96.117
Skillman Comprehensive Land Use Plan Amendment - Heating and Adoption
~)RD~xlP~JI~f~ NO, O-96-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
APPROVING A SMALL SCALE AMENDMENT TO TIlE 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. (1 st Reading 6/5/96, Display Ad 6/19/96, Letters
6/14/96, Heating 6/26/96)
For
Against Information
Name
Address
For Against Information
Name
Address
For Against Information
QUASI-JUDICIAL HEARING SIGN-UP SHEET
JUNE 26, 1996
96.138 B.
Sandridge Estates Apartments - E & E Development - Request One
Year Site Plan Time Extension
Name
Address
For Against Information
Name
Address
For
Against Information
Name
Address
For Against Information
Name
Address
For Against Information
PUBLIC iNPUT ON AGENDA ITEMS
SIGN-UP SHEET
JUNE 26, 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
ddress: ~:. .... .7.a.':'~ r ':'-
Agenda I~em No. and T~tle: 1(~ ".,..,.-':~ .~':: 1'..:2~,, ~[- ~- t :: ~, ~,. ,.,.
____~__~.~ .... ~._~_~5.z:r~ .............................................................
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 SHEET
JUNE 26, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT
OTHER WISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES
~JO ,~//~
Subject:
Subject:
Name~
Address:
Subject:
Name:
Address:
Subject:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 a FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JUNE 26, 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.
There was a moment of silence for the victims of the terrorist bombing in Saudi
Arabia.
4. ~OLLCALL
City Council Prg~ent;
Mayor Louise Canwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
Staff Presen. i;
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
City Planner, Bob Massarelli
Deputy City Clerk, Sally Maio
Regular City Council Meeting
June 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 deferred to Vice Mayor Barnes, who remarked that he had
received complaints about the Planning and Zoning meeting at which Carl Fischer
was recommended for reappointment and the other applicants who were in
attendance for interview withdrew. He said he had spoken to the other three
candidates who said they would be willing to reinstate their applications and be
interviewed by City Council.
MOTION by Barnes/
I would make a motion to defer this until the next regular meeting which is
July 10.
Tut Connolly, 149 Kildare Drive, Sebastian, one of the applicants, said he did not
withdraw his application.
No second was yet received and City Council discussion took place. Mayor
Cartwright read from a verbatim transcript of the Planning and Zoning meeting and
said it was merely a procedural error. Vice Mayor Barnes reiterated his request.
Earl Shroyer, 416 Columbus, Sebastian, addressed City Council stating that all
members of Planning and Zoning know the procedures but act discourteously to
applicants.
Mayor Cartwright said city staff.is currently reviewing procedures for board
appointments and pointed out to Mr. Shroyer that the boards are not required to
interview, however, City Council must interview all applicants.
Mr. Taracka agreed that procedures were not handled properly and SECONDED
THE MOTION AT THIS TIME.
Vice Mayor Barnes clarified that he wanted to have the applicants considered by
City Council at the next meeting.
Regular City Council Meeting
June 26, 1996
Page Two
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - nay
Mr. Halloran - nay
Mr. Taracka - aye
Mrs. Cartwright - nay
MOTION FAILED 2-3 (Damp, Halloran, Cartwright - nay)
6. PROCLAMATiQN$ AND/OR ANNOUI~CEMENTS
Mayor Cartwright announced Sebastian Night at Dodger Stadium on June 30,
1996 and reported that free tickets were available at many locations. She also
announced the Fourth of July celebration.
Vice Mayor Barnes urged support of the Olympic Torch Ceremony. Mr. Taracka
said the torch carrier would be resident, David Cherry.
7. QUASI-JUDICIAL_ HF~ARING
96.117
Skillm~rj Comprehensive Larl.0 Use Plan Amendm~llt - Hearing and
Adoption (Community Development Transmittal 6/12/96, 0-96-12,
Applic~ation, Area Map, StaffReport, P & Z Recommendation)
ORDINANCE NO. O-96-12
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. (1 st Reading 6/5/96, Display Ad
6/19/96, Letters 6/14/96, Hearing 6/26/96)
Regular City Council Meeting
June 26, 1996
Page Four
Mayor Cartwright opened the quasi-judicial hearing at 7:23 p.m., the City
Attorney read Ordinance No. O-96-12 by title only, and the City Clerk swore in all
those who intended to offer testimony. No ex-parte communication was disclosed.
The City Planner presented the staff report, noted that Mr. Skillman has applied
for rezoning of this property to RM-8, and recommended adoption of Ordinance
No. 0-96-12.
Roger Skillman, owner of the property, urged approval of the amendment.
Carolyn Corum, 881 Dolores Street, Sebastian, questioned Mr. Skillman's
reference to 12 acres.
Mr. Skillman responded that 7 acres adjacent to this 5.6 acreas is already zoned
Mayor Cartwright closed the public input portion of the quasi-judicial hearing at
7:36 p.m.
Mayor Cartwright reopened the public informational period at 7:37 p.m. upon a
request by Carolyn Corum to provide information, Mrs. Corum was sworn in by
the City Clerk.
Mrs. Corum expressed concern for the long term monetary results of rezoning
from commercial to residential.
Mayor Cartwright closed the quasi-judicial hearing at 7:42 p.m.
MOTION by Barnes/Taracka
I'll make a motion to approve Ordinance No. O-96-12.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
4
Regular City Council Meeting
June 26, 1996
Page Five
96.138 B.
$ar~dridge Estates Apartments - E & E Development - Requesl One
Year Site Plan Time Exter~io~t (Community Development
Tr~rlsllaitlal 6/14/96, Mosby & Associates Letter 6/11/96, Site Plan
Application, Site Map)
Mayor Cartwright opened the quasi-judicial hearing at 7:43 p.m. and the City
Clerk swore in all those who intended to offer testimony.
There was no ex-parte communication disclosed.
The City Planner presented the staff report and recommended site plan extension
for one year to expire July 6, 1997, although stated the extension time is the
discretion of City Council.
John King, 182 DelMonte Road, Sebastian, addressed City Council stating he
expects to break ground in approximately 60 days.
Mayor Cartwright inquired whether site plans are grandfathered in the case that
the Land Development Code is amended prior to permits are issued.
TAPE I - SIDE II (7:47 p.m.)
The City Attorney responded that in general a developer would have had to break
ground, make certain expenditures and other positive actions to claim vested rights
from newly adopted regulations.
Mayor Cartwright closed the public informational period of the quasi-judicial
hearing at 7:50 p.m.
MOTION by Halloran/Barnes
I move to approve the one year extension of the site plan for Sandridge
Estates Apartments to expire July 6, 1997.
ROLL CALL: Mr. Halloran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
- aye
Regular City Council Meeting
June 26, 1996
Page Six
96.139
96.113
CONSENT AC_~DA
,4ll 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 - 6/5/96 Regular Meeting, 6/10/96 Workshop
interlocal Agreement - IRC/City of Sebastian - Local Option Gas Tax
Distribution - Adopt R-96-49 (City Manager Transmittal 6/20/96, R-96-49,
Interlocal Agreement)
KESOLUTION ND, R-96-49
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST, ON BEHALF OF THE CITY, AN 1NTERLOCAL
AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE CITY OF
SEBASTIAN FOR THE PURPOSE OF PROVIDING FOR THE DIVISION
AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS
TAX; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Correct 6/5/96 Council Action Re: Public Works Truck Purchases - City
Manager Recommendation - (City Manager Memo 6/19/96, Pg 2 of 6/5/96
Agenda Request, Summary)
The City Manager read the consent agenda.
Mrs. Damp removed item A; Mayor Cartwright removed item C for the City
Manager.
The City Attorney read Resolution No. R-96-49 by title.
6
Regular City Council Meeting
June 26, 1996
Page Seven
MOTION by Halloran/Bames
I move to approve item B of the consent agenda.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED
Item A - Minutes
Mrs. Damp noted a correction to the June 10, 1996 minutes on page 11 regarding
Laconia Street to state that Laconia "it will remain one way out and one way in".
MOTION by Damp/Halloran
I move to approve item the minutes of 6/5/96. (This motion should have
included approval of the amended 6/10/96 minutes)
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
Item C - Correctioil tO Truck Purchase
The City Manager stated the correct motion as follows: "Move to rescind motion
adopted by the City Council at its June 5, 1996 meeting for agenda item number
96.113 and move to approve an additional $2939.00 for the purchase of four
trucks for the Department of Public Works, move to approve a bid waiver to allow
the purchase of three trucks, F 150, F250 and F350 from a state and Dade County
contract through Don Reid Ford in the amount of $47,354.00 and purchase the
F700 dump from Atlantic Ford Truck sales through a piggyback contract with
state contract in the amount of $30,585.00."
Regular City Council Meeting
June 26, 1996
Page Eight
MOTION by Cartwright/Halloran
So moved.
ROLL CALL:
Mr. Barnes
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Cartwright
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
PRESENTATIONS - None
COMMITTEE REPORTS/RECOMMENDATIONS
Carolyn Corum, 881 Dolores Street, Sebastian, member of the Indian River
County Land Acquisition Committee, addressed City Council on action taken at
today's meeting at which LAC's recommended purchase of property adjacent to
airport runway 9-27 with bond money.
The City Manager briefly discussed his conversation with Roland DeBlois about
the acquisition &the adjacent property and the issue of Gibson Street. He said he
would contact Eric Nielsen of Greiner and Associates tomorrow.
He also discussed the scrub lot purchases, noting a July 16 hearing would be
conducted by Indian River County.
Regular City Council Meeting
June 26, 1996
Page Nine
A. Pjgnn[ng and Zoning Commission
96.140 1.
Intervie~t anda~l~pojrll Regular Member - Three Year Term to
I3xpire 5/99 - Commiasion Recommends Cad Fischer (Community
Development Transmittal 6117/96,.Applications, P & Z Memo
6./7/96, Sec. 10 - R-94-51)
Larry Driver, 462B DelMonte Road, Sebastian, objected to the reappointment of
Carl Fischer, noting Mr. Fischer had to excuse himself on P & Z six times due to
conflict of interest in the past year.
Carl Fischer, 523 Cross Creek Circle, Sebastian, was interviewed by City Council.
He stated the conflicts were during the time he has served on P & Z not in the past
year.
Mr. Driver said he had dates of minutes relative to the conflicts.
MOTION by HallorarffDamp
I move to reappoint Carl Fischer to a second three year regular member
term expiring 5/99.
Vice Mayor Barnes discussed the application of ethics and said this does not feel
good.
Mr. Taracka said he sees a conflict of interest and recommended readvertising.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - nay
Mrs. Cartwright - aye
Mr. Barnes - nay
MOTION CARRIED 3-2 (Taracka, Barnes - nay)
Regular City Council Meeting
June 26, 1996
Page Ten
B. Tree Advisoxy Boar~[
96.141 1.
96.142
Create Two Alternate M.~mber P~sitj~ons - Direct Staffto Prepare
Ordinance to Amend 20A- La~ 16 LD.C .(Col~munity Development
Transmittal 6/12/96, Tree Board Secretary Memo 6/12/96, Sec.
20A-14~163
MOTION by Halloran/Taracka
I move to direct staffto prepare an ordinance amending the code to
provide for two alternate positions for the Tree Advisory Board.
The City Clerk asked what staff member is being directed. Mr. Halloran clarified
the City Manager be directed to delegate.
ROLL CALL: Mr. Halloran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
!r~terview and Appoint Two Regular MemOry; for TwO Year Terms
to Expire 4/98 - Board Kecommer~d$ Carl Fischer and Sally Gore
(Community Development Transmittal 6/12/96, Tree Board
Secretary Met~_o ~3Ll. Td96, Sec. 10- R-94-51, Sec. 20A-14.16.B,)
City Council interviewed Sally Gore, 331 Belfast Terrace, Sebastian; Anne
Putman, 563 Cross Creek Circle, Sebastian; and Carl Fischer, 523 Cross Creek
Circle, Sebastian.
10
Regular City Council Meeting
June 26, 1996
Page Eleven
MOTION by Halloran/Damp
I move to appoint Sally Gore and Carl Fischer regular members of the Tree
Advisory Board. (Two year terms to 4/98)
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CA1LRIED 5-0
Mayor Cartwright called recess at 8:30 p.m. and reconvened the meeting at 8:44
p.m All members were present.
11. OLD BUSINESS
96.130
A. ~,evie_w ~JtY Council Pending List (List 6/20/96)
Mrs,.D0,r~p
96.099 - Police Dept. Building evaluation by Dr. Spaul. The City Manager
reported on Dr. Spaul's report and a meeting to be conducted July 10, 1996 at the
Police Department with staff.
96.120 - Sound system and chairs for Council Chambers. On-going for budget.
95.133 - Golf Course memorial. City Council consensus to remove from list.
95.145 - Barbed wire fence - Ordinance is being dra~ed.
TAPE II - SIDE I (8:50 p.m.)
11
Regular City Council Meeting
June 26, 1996
Page Fifteen
The City Attorney read Resolution No. R-96-48 by title only.
MOTION by Barnes/Damp
I'll make a motion to approve Resolution R-96-48.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
96.144
Authorize City Manager to ~qotify indian River County of City's Non-
Objection to 2% Irttqcest Surcharg~ for Water Assessment (See City
Manager Memo Listed in Item B)
MOTION by Halloran/Barnes
I move that we authorize the City Manager to notify the County through
the County Administrator of the City's non-objection to the 2% interest surcharge
for water assessment.
TAPE II - SIDE II (9:33 p.m.)
Mayor Cartwright clarified that it be the Council's understanding that the
surcharge is standard county-wide.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
15
Regular City Council Meeting
June 26, 1996
Page Twelve
Mrs. Damp gave a brief background of Council's direction for this ordinance to be
drafted for the benefit of new Council members.
95.029 Parking ordinance - The City Planner reported he had received a disk with
the fence and parking amendments and that he would review them with the City
Attorney.
Mr. Halloran
96.021 - Airport parking and field rules. The City Manager said he would address
this.
95.075 - Stratton Avenue grant of easement. The City Manager said this is set to
go and that he has been negotiating with Nelson Hyatt. He stated he would
continue the services of the former City Attorneys in this matter.
96.123 - Former Utility Building - Ongoing.
Mr. Taracka
96.026 - Sebastian Lakes Documents not returned. The City Manager said
nothing has been heard from PTC or Lennar regarding the documents. He said he
had been advised that there may be pending litigation internally. Mayor Cartwright
requested that the City Manager review the contract to determine if there was a
specific time period in the agreement.
96.058 - Heritage Company. Consensus to remove.
Mayor Cartwright
96.025 - Glentry-Concha Drainage Bid. The City Manager said there is a glitch
regarding a dewatering plan that is being reviewed by John Hill and the City
Attorney.
The City Attorney said that a dewatering plan may be requested of all bidders.
12
Regular City Council Meeting
June 26, 1996
Page Thirteen
96.033 - Ordinance No. 0-96-07 - Employee Career Service System. The City
Manager said this was coming soon.
96.061 - Florida Inlet Navigation funding. Consensus to remove.
Vice Mayor Barne~
96.035 - Recreation meeting. The City Manager said he has talked to recreation
groups and a workshop should be scheduled to address concerns expressed by
some of the groups regarding Indian River Recreation.
96.126/95.091 - Building codes. The City Manager said the ordinance would be
before Council on 7/10/96.
95.012 - Special Use Permit and Permitting Fees. The City Manager said the
$1000 was unproductive, however, a fee structure should be established for
reviews for planning issues. He requested authorization to come back with a
recommendation on a fee schedule. The City Attorney said she was reviewing
Code Enforcement costs.
95.211 - Sebastian Panthers football field lighting and restroom facilities. The City
Manager said the lights are being programmed into the upcoming budget and that
possibly by the end of November the lights can be addressed. He suggested that
cooperative agreements can be entered into to obtain contributions to accomplish
restroom facilities.
12. I~11~ [I1LI$1NESS
96.143
Dayco Products, Inc. - R~qu¢,st Use of Riverview Park for Company Picn¢
- luly 20, 1996 - 8:00 a.m. to 5:00 p.n~ - 1!)0 P~0ple - Use of Electricity -
Plactm.e~_.of Moonwalk (Community Development TransmiBal 6/14/96,
Dustin Letter 6/6/96)
The City Manager deferred to the City Clerk on this matter. The City Clerk said
she thought it appropriate to bring this to Council because of the size of the group
and the moonwalk request.
A representative of Dayco addressed City Council (name inaudible).
13
Regular City Council Meeting
June 26, 1996
Page Fourteen
96.144
Mayor Cartwright inquired whether liability insurance was being obtained for the
moonwalk.
MOTION by Barnes/Halloran
I'll make a motion to approve the use of Riverview Park for the Dayco
Products company picnic on July 20 from 8 to 5 pm and add that the city be a
certificate holder.
ROLL CALL: Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
Prgpo~sed Phase I Water Line Extensionhy IRC Utilities - Waive 60 Day
Requirement from Section 6.07bB).oflnterlocal Agreement - Adopt R-96-
48 (City M~.nager Memo 6/19/96, R-96-48, 24 Page I]~C Utilities Fax
6/17/96}
RESOLUTION NO. R-96_-4~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, WAIVING THE SIXTY DAY REQUIREMENT IMPOSED BY
SECTION 6.07(B) OF THE INTERLOCAL AGREEMENT BETWEEN
INDIAN RIVER COUNTY AND THE CITY OF SEBASTIAN PROVIDING
FOR THE TRANSFER OF THE CITY OF SEBASTIAN WATER AND
WASTEWATER SYSTEM; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Manager reiterated his recommendation to adopt Resolution No. R-96-
48 waiving the sixty day notice requirement and authorization to notify the County
that the City does not object to the 2% interest surcharge.
14
Regular City Council Meeting
June 26, 1996
Page Sixteen
96.045 D.
~2ergraliz~l Procurement System for Acquisition of Goods and Services -
Accept 0-96-10 on 1 st Reading and Set Public Hearing 7j2ad96 ((2ity
Manager Transmill~l 6/20./96. O-96- l 0)
O~,I)I'J3IAJ'qC.~ NO. 0-96-10
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING AND PROVIDING FOR A
CENTRALIZED PROCUREMENT SYSTEM FOR THE ACQUISITION OF
GOODS AND SERVICES FOR THE CITY OF SEBASTIAN; ESTABLISHING
A PURCHASING AND BIDDING POLICY; PROVIDING FOR SEALED
COMPETITIVE BIDDING ON PROCUREMENT IN EXCESS OF $5,000.00;
PROVIDING FOR OTHER METHODS OF COMPETITIVE BIDDING ON
PURCHASES UNDER $5,000.00; PROVIDING EXCEPTIONS; PROVIDING
FOR THE LIMITS AND DELEGATION OF PURCHASING AUTHORITY;
PROVIDING FOR THE ESTABLISHMENT OF ADMINISTRATIVE
GUIDELINES FOR PURCHASING PROCEDURES KNOWN AS THE
"PURCHASING MANUAL"; PROVIDING FOR THE REPEAL OF CERTAIN
ORDINANCES, RESOLUTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN CITY OF
SEBASTIAN CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-96-10 by title only.
MOTION by Barnes/Taracka
I'll make a motion to set the public hearing on Ordinance O-96-10 for July
24, 1996 and accept the first reading.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
16
Regular City Council Meeting
June 26, 1996
Page Seventeen
96,145 E.
Hyatt Rezoning - CL to IN - Accept O-96-11~ on 1st Reading and Set
Public H~aring 7/10/96 (Community Developme~ Transmittal 6/18/96, O-
96-19)
ORDINANCE NO. 0-96-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RiVER
COUNTY, FLORIDA, KEZONING CERTAIN PROPERTY DESCRIBED AS
THAT PART OF TH NE 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 31
SOUTH, RANGE 39 EAST, LYING WEST OF THE WEST RIGHT-OF-WAY
OF THE FLORIDA EAST COAST RAILROAD, LESS AND EXCEPT THE
FOLLOWING TWO PARCELS: THE NORTH 6.5 ACRES OF THE NE 1/4 OF
THE SE 1/4 AND THE SOUTH 150 FEET THEREOF, COMPRISED OF 8.23
ACRES, MORE OR LESS, FROM CL (COMMERCIAL LIMITED) TO IN
(INDUSTRIAL), PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-96-13 by title only.
MOTION by Cartwright/Halloran
I move to accept the first reading of Ordinance No. O-96-13 and set the
second reading and quasi-judicial hearing for July 10, 1996.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs, Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
17
Regular City Council Meeting
June 26, 1996
Page Eighteen
96.119 F.
Tentative Approval of Indian River Community College Develoom~l; of a
Strategic Plan for the City of Sebastian (City Manager Memo 6/20/96,
Sullivan Memo 6/10/96, Planning Proposal)
Dr. David Sullivan, Indian River Community College Provost, addressed City
Council on the procedure to develop a Strategic Plan for the City of Sebastian. It
was the consensus of Council to proceed with development.
96.146
Golf Promotion - Indian River National Bank l~City Manager Memo
6/20/96, Evans M_~:mo 6114/96)
The City Manager reiterated the request from Indian River National Bank. It was
the consensus of City Council to participate in the promotion by waiving cart fees
from June 24, 1996 until October 31, 1996.
96.147
Brevar~l Teaching and Research Lab_Tour - City Clerk Request for Date
Selec, Iioll (.City Clerk Transmittal 6/~_Q/.96, Whitcomb Letter 6/13/96)
It was the consensus of City Council to tour the facility on July 16 in the
afternoon.
13.
INTRODUCTION OF NEW BUSIN.~$$ FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Wally Kramer, Micco, objected to the placement of a Brevard County landfill
being considered in south Brevard on Babcock Street.
Mr. Taracka read a statement of objection to the proposed landfill. He requested
consensus to direct the City Manager to send a letter of concern to Brevard
County Commissioners by next Monday. It was the consensus of City Council to
authorize him to do so.
18
Regular City Council Meeting
June 26, 1996
Page Nineteen
Herbert Sturm, 549 Saunders Street, Sebastian, submitted an order which the City
Manager distributed on his behalf, and addressed City Council on the City Clerk
filing a Code Enforcement index and alleged "false" statements. Mayor Cartwright
requested that he clarify that the "false" statements were false in his opinion.
He discussed drainage problems in the City and asked who is to maintain the
culverts and drainage canals.
He requested that a quasi-judicial commission be appointed to investigate police
and other City matters.
The City Manager said if Council is concerned it consider the commission.
Tut Connolly, 149 Kildare Drive, Sebastian, read a portion ora Press Journal
article regarding chairs for City Council, recommending that Council consider
more comfortable audience chairs.
14. CITY COUNCIL MATTER~
A. Mr. Richard Taracka
None.
B. Mayor Louise Cartwright
Mayor Cartwright asked the City Manager whether he had looked into the matter
of DelMonte residents concerned about use of the FPL easement by trucks. Vice
Mayor Barnes said there is a meeting on July 15. The City Manager said he needs
to ascertain where the city limits lines are in that area and in what entity has
jurisdiction.
TAPE III - SIDE I (10:25 p.m.)
19
Regular City Council Meeting
June 26, 1996
Page Twenty
MOTION by Cartwright/Taracka
I move to extend to 10:45 p.m. if we need to.
ROLL CALL: Mrs. Cartwright - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
C. Vice Mayor ~/'alt~r Barnes
Vice Mayor Barnes commended Public Works for the U.S. 1 median strip and the
staff' reports prepared by the City Planner.
D. Mrs. Norma Damp
None.
E. Mr, Kayroor~d Halloran
None.
15. CITY ATTORNEY MATTERS
The City Attorney said the burn ordinance is ready for review and suggested a workshop.
16. CITY MANAGE]~ NIATTER$
17. Being no further business, Mayor Cartwright adjourned the Regular Meeting at
10:28 p.m.
20
Regular City Council Meeting
June 26, 1996
Page Twenty One
Approved at the ~ ~{f~
996, Regular City Council Meeting.
Mayor
K
athry~n M. O'Halloran, CMC/AAE
City Clerk
21