HomeMy WebLinkAbout08091995 City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 9, 1995 - 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
PLEDGE OF ALLEGIANCE
INVOCATION - No One Available
ROLL CALL
AGENDA MODIFICATIONS (ADDITIQ.~N$ ?,ND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
6. PROCLAMATIO1N$ AND/OR ANNOUNCEMENTS
95.134
A. Presentation of Plaque - Employee of the Quarter
95.135
B. Presentation of Plaque - Keith Miller - Construction Board
95.136
Co
Proclamation - "No Barriers Week" - August 13-19, 1995 -
Requested by HEALTHSOUTH Treasure Coast Rehabilitation
Hospital - Eileen Kiesel
7. PRESENTATIONS
95.137
Hoyman, Dobson & Co. - Presentation of Audited Report - Fiscal
Year Ending 9/30/94 (Finance Director Transmittal dated 7/31/95,
Audited Financial Statement)
PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings (R-95-33) is as follows:
· Mayor Opens Hearing
° Attorney Reads Ordinance or Resolution
· StaffPresentation
° Public Input
· StaffSummation
· Mayor Closes Hearing
° Council Action
Please note: Anyone wishing to speak is asked to go to the podium and
state his/her name and address for the record prior to addressing City Council.
95.013
ORDINANCE NO. 0-95-19 - Accessory Buildings (Director of
Community Development Transmittal dated 8/3/95, O-95-19)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES,
REGULATING ACCESSORY BUILDINGS, PROVIDING
DEFINITIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR
CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING
FOR AN EFFECTIVE DATE. (Discussion 5/24/95, 1st Reading 6/14/95,
Advertised Legal Notices 6/28/95, PH 7/12/95, Readvertised 7/26/95, PH
8/9/95)
2
95.043
ORDiNANCE NO. 0-95-20 - Occupational License Fee
Amendment (City Clerk Transmittal dated 8/3/95, 0-95-20)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 30, SECTION 30.51,
ARTICLE II, OF THE CODE OF ORDINANCES; REVISING THE
OCCUPATIONAL LICENSE TAX FEE SCHEDULE; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDiNG FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 7/12/95, Advertised Legal Notices 7/26/95, PH 8/9/95)
9. QUASI-JUDICIAL PUBLIC HEARING
Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39):
Mayor Opens Hearing-Outlines Rules
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
95.138
Special Use Permit Request - Skydive Sebastian - Allow Overnight
Camping at Overflow Parking Area as Accessory Use - 400 West
Airport Drive (Director of Community Development Transmittal
dated 8/1/95, Application, Mosby Letter dated 6/21/95, Petty Memo
dated 7/3/95, Van Antwerp Memo dated 7/5/95, P & Z Memo dated
7/7/95, HRS Letter dated 7/21/95, Plan Under Separate Cover)
10.
11.
12.
13.
95.139
95.098
95.098
95.140
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 - 7/19/95 Special, 7/26/95 Regular
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
~IEW BUSINESS
Vacation of Easement Application - Lot 2, Block 74, Sebastian
Highlands Unit 2 (City Clerk Transmittal dated 8/3/95, Sec. 90-129,
Craven, Thompson Letter, Application, Survey, Utility and Staff
Letters, FPL Survey, R-95-44)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING
AND DISCONTINUING A PORTION OF THE EASEMENT LOCATED
IN THE SOUTH FiVE FEET OF LOT 2, BLOCK 74, SEBASTIAN
HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 5-34, PUBLIC RECORDS OF INDIAN RiVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING FOR AN
EFFECTIVE DATE.
Craven Thompson Work Tasks - Supplemental Agreements (City
Manager Transmittal dated 8/1/95, Scope Description & Fee Basis,
Supplemental Agreements 1-4)
Masteller & Moler, Inc. Work Tasks - Supplemental Agreements
(City Manager Transmittal dated 8/1/95, Supplemental Agreements -
1-4)
Richard Fey - Request for Site Plan Time Extension - Channel 68
Marina (Director of Community Development Transmittal dated
7/27/95, Fey Letters dated 7/14/95 and 7/21/95)
4
14.
15.
16.
17.
18.
iNTRODUCTION OF l~l~Yq BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
CITY COUNCIL MATTERS
A. Mr. Raymond Halloran
B. Mayor Arthur Firtion
C. Vice Mayor Carolyn Corum
D. Mrs. Louise Cartwright
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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD.
(286.0105F. 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.
PUBLIC HEARING SIGN-UP SHEET
AUGUST 9, 1995 REGULAR MEETING
95.013 A.
ORDINANCE NO. 0-95-19 - Accessory Buildings (Director of
Community Development Transmittal dated 8/3/95, O-95-19)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE CODE OF ORDINANCES, REGULATING
ACCESSORY BUILDINGS, PROVIDiNG DEFiNITIONS, PROVIDING FOR
SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDiNG FOR
CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/24/95,
1st Reading 6/14/95, Advertised Legal Notices 6/28/95, PH 7/12/95, Readvertised
7/26/95, PH 8/9/95)
Name
Address
For Against Information
Name
Address
For Against information
Name
Address
For Against Information
Name
Address
For
Against Information
PUBLIC HEARING SIGN-UP SHEET
AUGUST 9, 1995 REGULAR MEETING
95.043 B.
ORDINAISIC~ NO, O-95-20 - Occupational License Fee
Amendment (City Clerk Transmittal dated 8/3/95, O-95-20)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING CHAPTER 30, SECTION 30.51, ARTICLE II, OF THE CODE
OF ORDINANCES; REVISING THE OCCUPATIONAL LICENSE TAX FEE
SCHEDULE; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 7/12/95,
Advertised Legal Notices 7/26/95, PH 8/9/95)
Name
Address
For Against Information
Name
Address
For Against Information
Narfle
Address
For
Against Information
QUASI-JUDICIAL HEARING SIGN-UP SHEET
AUGUST 9, 1995
95.138 A. Special Use Permit Request, Skydive Sebastian - Allow Overnight
Camping at Overflow Parking Area as Accessory Use - 400 West
Airport Drive
Address
For Against Infonnat~o~_~..,
........................................................................................ ~,,TZZ~--~-.~---- ..........
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
AUGUST 9, 1995 REGULAR MEETING
USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA
EXCEPT HEARINGS WHICH HA VE THEIR 0 WN SIGNUPS SHEETS-TIME LIMIT OF
10 MINUTES PER SPEAKER
Nam e:
Address:
Agenda Item No. and Title:
---m-~tt~to~ .....................................
Nalne~
Address:
Agenda Item No. and Title:
Nalne~
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 SHEET
AUGUST 9, 1995 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT
OTHER [VISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES
PER SPEAKER
Address:-'/~/
Subject:
Nallle~
Address:
Subject:
Name~
Address:
Subject:
Name~
Address:
Subject:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 9, 1995 - 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)
Mayor Firtion called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
No one was available for Invocation.
ROLL CALL
City Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corem
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
Staff Present:
City Manager, Joel Koford
City Attorney, Clifton McClelland, Jr.
City Clerk, Kathryn O'Halloran
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
Regular City Council Meeting
August 9, 1995
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS}
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
The City Manager requested that Resolution No. R-95-47, correcting R-88-
53 which erroneously vacated an easement for Lots 10 & 11, Block 192, be
placed on the agenda as New Business item E and distributed backup.
The City Attorney advised that New Business item D should be handled as
quasi-judicial since it is a site plan extension request.
MOTION by Corum/Damp
I move to add item E which is item R-95-47 to New Business.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
6. PROCLAMATION$_A1ND/OR ANNOUNCEMENTS
95.134
A. Presentation of Plaque - Employee of the Quarter
Mayor Firtion presented a plaque and bond to Rita Grainger, Employee of
the Quarter.
95.135
B. Presentation of Plaque - Kei~b Miller - Construction Board
Mayor Firtion presented a plaque to former Construction Board member
Keith Miller.
2
Regular City Council Meeting
August 9, 1995
Page Three
95.136 C.
Proclamation- "No Barriers Week" - August 13-19, 1~}~$ -
Requested by HI~ALTHSOUTH Treasure Coast Rehabilitation
Hospital - Eileen Kiesel
Mayor Firtion presented a proclamation to Eileen Kiesel commemorating
"No Barriers Week". Ms. Kiesel addressed the audience.
7. PRESENTATION~
95.137
Hoyman, Dobson & Co. - Presentation of Audited Report - Fiscal
Year Ergting 9/30/94 (Finance Director~Tran~rnittal dated 7/31/95,
Audited Fitlarm[al Statement)
Tom Kirk, Audit Director for Hoyman, Dobson & Co., presented the audit
report for the City of Sebastian fiscal year ending September 30, 1994.
MOTION by Damp/Halloran
I would like to move to acknowledge the receipt of the audited
fmancial statements that are presented to us and also to amend the current
contract with you (Hoyman, Dobson & Co.) and to include to the year of
1995.
Mrs. Cartwright inquired whether amending the contract at this time was
proper. The City Attorney advised that the motion be separated.
MOTION by Damp/Halloran
I move to acknowledge the receipt of the audit report financial
statement for the year ending September 30, 1994.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5-0
Regular City Council Meeting
August 9, 1995
Page Four
MOTION by Damp/Halloran
I move to grant and to amend the current contract with Hoyman,
Dobson & Co. to include up to the year of 1995 for the next audit.
The City Manager said he would negotiate a price with Hoyman, Dobson
and report back to Council.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - nay
Mrs. Cartwdght - aye
MOTION CARRIED 4-1 (Corem - nay)
PUBLIC HEARINGs FINAL ACTI_O~
The normal order of business for public hearings (R-95-33) is as follows:
Mayor Opens Hearing
Attorney Reads Ordinance or Resolution
Staff Presentation
Public Input
Staff Summation
Mayor Closes Hearing
Council Action
Please note: Anyone wishing to speak is asked to go to the podium and
state his/her name and address for the record prior to addressing City Council.
4
Regular City Council Meeting
August 9, 1995
Page Five
95.013 A.
ORDiNANCE NO. O-95-19 - Accessory Buildings (Director of
Community Development Transmittal dated 8/3/95, 0-95-19)
AN ORDiNANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES,
REGULATING ACCESSORY BUILDINGS, PROVIDiNG
DEFINITIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR
CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING
FOR AN EFFECTIVE DATE. (Discussion 5/24/95, 1st Reading 6/14/95,
Advertised Legal Notices 6/28/95, PH 7/12/95, Readverfised 7/26/95, PH
8/9/95)
Mayor Firfion opened the public hearing at 7:35 p.m. and the City Attorney
read Ordinance No. O-95-19 by title only.
The Director of Community Development gave a brief presentation and
recommended adoption.
Mayor Firtion closed the public hearing at 7:36 p.m.
MOTION by Cartwright/Comm
I move to adopt Ordinance O-95-19.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
5
Regular City Council Meeting
August 9, 1995
Page Six
95.043 B.
ORD. JNANCE NO. 0-95-20 - Occupational License Fee
Amendment (City Clerk Transmittal dated 8/3/95, 0-95-20)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 30, SECTION 30.51,
ARTICLE II, OF THE CODE OF ORDINANCES; REVISING THE
OCCUPATIONAL LICENSE TAX FEE SCHEDULE; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 7/12/95, Advertised Legal Notices 7/26/95, PH 8/9/95)
The City Attomey read Ordinance No. 0-95-20 by title only and Mayor
Firtion opened the public hearing at 7:38 p.m.
Nancy Offutt, Government Affairs Coordinator, Realtor Association of
Indian River County, requested that real estate salespersons be exempted
from the occupational license requirement, due to the fact that in
accordance with state law they are prohibited to operate their own business.
TAPE I o SIDE II (7:48 p.m.)
Ms. Offutt was advised that the amendment being considered tonight did
not involve real estate fees, however, she was advised to contact the City
Clerk for review by the Equity Study Commission for recommendation to
City Council.
Mayor Firtion closed the public hearing at 7:54 p.m.
MOTION by Cartwright/Halloran
I move to adopt Ordinance O-95-20.
Mayor Firtion requested that the fees for cosmetologists and manicurists to
be reviewed for fee inconsistency.
6
Regular City Council Meeting
August 9, 1995
Page Seven
ROLL CALL:
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
9. ~)U3,SI-JUDICIAL PUBLIC HEARING
Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39):
Mayor Opens Hearing-Outlines Rules
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 lnquiry
95.138
Special U~c Permit Request - Skydive Sebastian - Allow Overnight_
Camping at Oveffiow Earkiag Area as Accessory Use - 400 West
Airport Drive (Director of Community Develot/ment Transmittal
dated 8/1/95, Appli~:ation, Mosby Letter dated 6/21/95, Petty Memo
dated 7/3/95. Van Antwerp Memo dated 7/5/9~%.P & g.Memo dated
7/7/95, HRS Letter dated 7/21/95, Plan Under Separate Cover)
Regular City Council Meeting
August 9, 1995
Page Eight
The Director of Community Development reported that the applicant and
his representative were unable to attend the meeting and that they had
requested the hearing be continued to August 23.
The City Attorney advised that the burden of proof is on the applicant but
the final decision is up to City Council.
The City Clerk noted that the code requires 15 days notice.
MOTION by Cartwright/Damp
I'd like to postpone it or continue it to the first available date to
comply with advertising.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Camvdght - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
The City Manager stated that the next available date was September 13,
1995.
10.
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 - 7/19/95 Special, 7/26/95 Regular
The City Manager read the consent agenda.
MOTION by Cartwright/Damp
I move to approve item A of the Consent Agenda.
Regular City Council Meeting
August 9, 1995
Page Nine
ROLL CALL:
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
11. COMMITTEE R]~I~ORTS/RECOMMENDATIONS
None.
12. OLD BUSINES~
None.
13. NEW BUSINE$$
95.139 A.
Vacation of Easementa~pplication - Lot2, Block 74, Sebastian
Highlands Unit 2 (City Clerk Transmittal dltted 8/3/95, Sec. 90-129,
Craven, Thompson Letter, Application, Survey, Utility and Staff
Letters, FPL Survey, R-95-44)_
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING
AND DISCONTINUING A PORTION OF THE EASEMENT LOCATED
IN THE SOUTH FIVE FEET OF LOT 2, BLOCK 74, SEBASTIAN
HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBi 5-34, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING FOR AN
EFFECTIVE DATE.
Regular City Council Meeting
August 9, 1995
Page Ten
The City Attorney read Resolution No. R-95-44 by title only.
The Director of Community gave a brief presentation noting
recommendations from FPL and Craven, Thompson.
The City Attorney stated he had distributed a maintenance agreement to be
signed by the property owner in this case which will run with the land. He
cautioned against expectations of utilizing hold harmless agreements
because there is ultimately very little meaningful indemnification.
The City Manager reported that there will be a meeting at which John Hill
will address builders relative to vacation of easement policies.
MOTION by Damp/Halloran
I move that we approve only the encroached area of the subject
easement be vacated and that a maintenance agreement be obtained from
the property owner and adopt Resolution No. R-95-44 in accordance with
the above.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Mayor Firtion called recess at 8:10 p.m. and reconvened the meeting at 8:20
p.m. All members were present.
95.098
Craven Thompson Work Tasks - Supplemental Agreements (City
Manager Transmittal dated 8/1/95, Scope Description & Fee Basis,
Supplemental Agreements 1-4)
A brief discussion took place on proposed supplemental agreements for
both engineering consultants.
10
Regular City Council Meeting
August 9, 1995
Page Eleven
Mrs. Cartwright inquired why Masteller and Moler would do drainage work
and suggested that their task in supplemental agreement #2 should be made
a part of supplemental agreement #5 and that staff should prepare
ordinances.
MOTION by Halloran/Cartwright
I move that we authorize the consulting engineering firm to proceed
with the work task assignments as outlined with supplemental agreements
1 - 4 for an amount not to exceed a total of $15,660.
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corum ~ aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
95.098
Masteller &Mokr, In~, ~ork Tasks - Supplemental Agreements
£Cily M~ilitg~ Txammittal dated 8/1/95. Sul~plemental Agreements -
1-4)
MOTION by Cartwright/Corum
I move to authorize Masteller & Moler, Inc. to proceed with work
task assignments as outlined with supplemental agreements 1, 3, 4 and 5 for
an amount not to exceed a total of $40,000.
Discussion followed on the omission of supplemental agreement from the
motion. Mrs. Cartwright reiterated her recommendation to have staff
prepare ordinances.
ROLL CALL:
Vice Mayor Corum - nay
Mrs. Cartwright - aye
Mrs. Damp - nay
Mr. Halloran - aye
Mayor Firtion - nay
MOTION FAILED 2-3 (Corum, Damp, Firfion - nay)
11
Regular City Council Meeting
August 9, 1995
Page Twelve
MOTION by Damp/Corum
I make a motion to authorize Masteller and Moler, Inc. to proceed
with the work task assignments as outlined in agreements 1 - 5 for an
amount not to exceed $45,000.
ROLL CALL:
Mrs. Cartwright - nay
Mrs. Damp - aye
Mr. Halloran - nay
Mayor Firtion - aye
Vice Mayor Corem - aye
MOTION CARRIED 3-2 (Cartwright, Halloran - nay)
95.140
Do
t~bar~t Fey - Request for Site Plan Time Extensioo - Ch. allll¢168
Marina (Directgr of Community Development Transmittal dated
7/27195, F_~:/Letters dated 7/14/95 and 7/21/95)
Mayor Firtion opened the quasi-judicial hearing at 8:37 p.m.
The Director of Community Development advised that the applicant was
not present.
Discussion followed as to whether or not the heating should be continued.
The Director of Community Development went on to explain that the site
plan expired July 21, 1995, however, application for extension was
submitted prior to expiration.
TAPE ii - SIDE I (8:50 p.m.)
Mayor Firtion ran down the quasi-judicial procedures list, however, there
was no public input and he closed the public hearing at 8:51 p.m.
12
Regular City Council Meeting
August 9, 1995
Page Thirteen
MOTION by Halloran/Comm
I move that Council grant a time extension for Richard Fey of six
months from site plan approved on July 21, 1994 pursuant to Land
Development Code Chapter 10.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
E. Vacation of Easement - Resolution No, R-95-47
The Director of Community Development said staff had received the
necessary non-objection letters from the utilities late today and distributed
backup information to City Council tonight.
The City Attorney read Resolution No. R-95-47 by title only and advised
that the easements originally vacated by R-88-53 will have to be
rededicated to the City by a quit claim deed.
MOTION by Corum/Damp
I move Council adopts Resolution No. R-95-47 and have it effective
upon the owner and all parties who have an interest in the property,
conveying back to the City of Sebastian easements which had been
erroneously vacated in the earlier resolution.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
13
Regular City Council Meeting
August 9, 1995
Page Fourteen
14.
15.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Sal Neglia, 461 Georgia Boulevard, Sebastian, suggested evaluations be done for
all department heads and Charter officers.
Walter Barnes, 402 Azine Terrace, Sebastian, requested a fish cleaning table at the
Yacht Club and inquired about U.S. 1 median landscaping.
CITY COUNCIL MATTERS
Mr. Raymond Halloran
Ao
None.
B.
None.
C.
M~yor Arthur Firtion
Vice Mayor Carolyn Corum
Vice Mayor Corem recommended a Riverfront Task Force be established to
come up with architectural standards for the riverfront.
The City Manager advised that the City is still awaiting word on the
Community Redevelopment Block Grant, however, it would not hurt to
move forward with architectural design.
Mayor Firtion suggested that the Director of Community Development
place an item on the next Planning and Zoning Commission agenda and
determine if they are willing to handle the task.
Vice Mayor Corum expressed concern for future vacations of easements.
D. Mrs. Louise Cal-twfight
Mrs. Cartwright recoinmended that staff review Section 20A- 10.5 regarding
site plan extension for clarification. City Council concurred.
14
Regular City Council Meeting
August 9, 1995
Page Fifteen
E. Mrs. Norma Damp
John Hill elaborated on an informal briefing scheduled for tomorrow with
builders, surveyors, and Indian River County Health Dept. at the request of
Mrs. Damp.
16. CITY ATTORNEY MATTERS
None.
17. CITY MANAGER MATTERS
The City Manager advised that all should pay attention to the course of
Tropical Storm Felix on Sunday and announced that those people involved
in preparation for Hurricane Erin would have Friday afternoon off.
18.
Being no further business, Mayor Firtion adjourned the Regular Meeting at
9:25 p.m.
Approved at the
Meeting.
c~,_f,t~ ,1995, Regular City Council
Arthur L. Firtion, Mayor
Kathryn l~I. O'Halloran, CMC/AAE
City Clea'k
15