HomeMy WebLinkAbout08141996 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA
ix ~SEBASTIAN CITY COUNCIL WORKSHOP
1. CALL E I ~f~ 1~'-~
2. ROLL CALL ~'Y ~~ '~ f
3. AW. ORKRSe:iQe: lp:~~~d B urn~o~ckup)
4. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISIONMADE 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 INCLUDE,5" rile TESTIMONY AND EVIDENCE UPON WHICH rilE 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 ,S7tOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330
AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 14, 1996
7:00 P.M. OR SOON THEREAFTER
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAiN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the
item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often
minutes per speaker (R-95-33)
1. CAJ~L TO ORDER
2. PLEDGE QI~ AI~LEGIANCE
3. INVOCATION
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/QR DELETIQNS}
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
96.103
96.163
96.164
96.165
Certificates of Completion to Mayor Cartwright and Vice Mayor Barnes - Florida State
University - Florida Institute of Government - Institute for Elected Officials (Dr. John
Scott Dailey Letters dated 7/10/96 and 7/15/96)
Proclamation - National Rehabilitation Week - 8/15/96 - 8/25/96 - V.L. Mosely Accepting
on Behalf of Healthsouth Treasure Coast Rehabilitation Hospital, Vero Beach
QUASI-JUDICIAL HEARiIXG
Mel Fisher Treasure Museum - Request for One Year Site Plan Time Extension to
September 6, 1997 (Community Development Transmittal 8/7/96, Fisher Letter 8/1/96,
Site Plan Application, Site Map)
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.
Approval of Minutes - 7/24/96 Workshop, 7/24/96 Regular Meeting, 7/31/96 Budget
Workshop
Adopt R-96-38 - Vacation of Easement - Lots 1, 2, 3 - Block 407, Sebastian Highlands
Unit 7 (City Clerk Transmittal 8/5/96, R-96-53, Application, Survey, Authorization Letter
from Property Owner, Utility and Dept. Approvals)
RESOLUTION N0,_[~-96-3 8
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE SOUTH SiX FEET OF LOT I LESS THE WEST 10 FEET THEREOF; TIlE
NORTH SIX FEET OF LOT 2 LESS THE WEST 10 FEET THEREOF; THE SOUTH
SIX FEET OF LOT 2 LESS THE WEST 10 FEET THEREOF; AND THE NORTH SIX
FEET OF LOT 3 LESS THE WEST 10 FEET THEREOF, PUBLIC UTILITY AND
DRAINAGE EASEMENTS, BLOCK 407, SEBASTIAN HIGHLANDS UNIT 7,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-6, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
166
96.167
96.032/
95.041
96.169
96.080
96.170
96.171
Co
Approve Purchase of Diesel Powered Rotary Mower - Public Works - Florida State
Commodity Contract No. 515-630-560-0783 - Robinson Equipment Co. Inc., Mims, FL -
$9,744.00 (Public Works Director Transmittal 8/5/96, 7/19/96 Robinson Equipment
Quote, Robinson Equipment Letter 6/14/96, 6/6/96 Berggren Equipment Quote)
Do
Authorize City Manager to Execute Interagency Agreement between Florida Department
of Corrections and City of Sebastian - Indian River Correctional Institution - Medium and
Minimum Custody Inmate Labor - Further Authorize City Manager to Renew Annual
Agreements Provided No Substantial Changes Within Scope of Agreement (City Manager
Transmittal 8/6/96, Agreement)
Bid/Contract Award - Airport Runway 4-22 Reconstruction Project - Martin Paving
Company - Base Bid Plus Alternate A - $401,836.00 (City Manager Transmittal 8/7/96,
Greiner Recommendation, Bid Tabulation Sheet, Bid and Contract Documents on File in
City Clerk's Office)
Bid/Contract Award - Fencing Improvements - City Public Works Compound and Barber
Street Sports Complex Soccer Field - Wood'N Nichols - $18,010 - 30 Calendar Days (Bid
Tabulation Sheet, Bid and Contract Documents on File in City Clerk's Office))
Lion's Club - Reschedule Fire Works Display - August 31, 1996 w/September 1, 1996
Fall-Back Date - Use of Riverview Park for Barbecue and Band - Close Indian River
Drive Between Harrison and Coolidge (City Manager Memo 8/8/96)
William Stant - Wedding Reception - Community Center - 9/7/96 - 2:00 p.m. to 8:00 p.m.
- A/B - Security Paid - Permittee Age Verified (City Clerk Transmittal 8/5/96,
Application)
PRESENTAT_I~.BII~ - None
COMMITTEE RF~]~ORT~ffl[~ECOM MEN DATIONS
A°
CODE ENFORCEMENT l}O~ (Community Development Transmittal 8/6/96, Oliver
Application, Excerpt of Code Enforcement Minutes 7/17/96, Sections 2-179 and 2-180
Code of Ordinances)
Interview and Appoint to Three Year Term - General Contractor Position Vacated
by Louis Nicolini to Expire 6/i/99 - Board Recommends Michael Oliver, Sr.
ii.
Board Recommends Moving Alternate Dave Costa to Engineering Position Which
Will be Vacated by George Metcalf (City Clerk's Office Currently Advertising
Position - Accepting Applications Until Friday, 8/9/96 at 4:30 p.m.)
Consider Request to Change Policy Regarding Advertising and Interviewing for
Vacant Positions on Code Enforcement Board
3
96.129
96.172
11.
12.
OLD BUSI[NE,.q~; - None
NEW BUSINESS
Review and Amend Accordingly' - Adop~ R-9~-;53 - GJ~/y Council Meeting
Times/Procedures (City Clerk Transmittal 8/8/96, R-96-53)
RESOLUTION NO. R-96-53
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING THE DATE AND TiME FOR CITY COUNCIL
MEETINGS, WORKSHOPS AND QUASI-JUDiCIAL HEARINGS; ADOPTING
ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION;
PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC
HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS);
PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION
RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
Bo
Adopt Resolution No. R-96-54 Amending R-86-44 - Rett!rn__jng Lgts 23 a!~l 24 to Original
Plat. of Seba~ti~ Highlands (Community Development Transmittal 8/1/96, R-96-54,
Letter o£1~flU_~i.. W~rra~y De~0s, R-86-44, Location Map)
RESOLUTION NO. R-96-54
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING RESOLUTION NO. R-86-44 WHICH VACATED,
ABOLISHED, ABANDONED AND DISCONTINUED CERTAIN PORTIONS OF
PLATTED LAND iNCLUDING LOTS 23 AND 24, BLOCK 12, SEBASTIAN
HIGHLANDS, UNIT 1; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
96.018
96.173/
94.029
96.117
Eo
Adopt Resolution No. R-96-55 - Fey _San_dmjll~rlg Sp~iol U~e Permit - Amending
!7onditi~n gcquiring. Submittal of Topography Survey from Six Months to Seven Months
(Coanmun[ty Development Transmittal 8/7/96, R-96-55)
I~0LUTION NO. R-96-55
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, GRANTING AN EXTENSION TO SECTION 4.(8) OF RESOLUTION NO.
96-24, A SPECIAL USE PERMIT AND MINING PERMIT TO RICHARD FEY FOR A
SAND MINE ON APPROXIMATELY 11 ACRES OF LAND; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
P3~10pt Resolution No. R-96-57 - Authorize City Manager to ~;~ul~ Terrnination of
Leasew/pri~e, Termination of Business Sublease, and Lease Agreement w/Sl~ylli.¥? 93.196
Sebastian o.f~oiltl~ Florida, Inc. (City Manager Transmittal 8/8/96, R-96-57, 3
Agreements)
RESOLUTION NO. R-96-57
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REPEALING RESOLUTION NO. R-93-50; AUTHORIZING THE CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF
THE CITY, A TERMINATION OF LEASE AGREEMENT BETWEEN THE CITY OF
SEBASTIAN AND CHARLES CLAY PRICE, A TERMINATION OF BUSINESS
SUBLEASE BETWEEN CHARLES CLAY PRICE AND SKYDIVE SEBASTIAN OF
SOUTH FLORIDA, iNC., AND AN AIRPORT LEASE AGREEMENT BETWEEN
THE CITY OF SEBASTIAN AND SKYDIVE SEBASTIAN OF SOUTH FLORIDA,
INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
Skillman Rezoning - Ordinoj/ce_lX[o~ Q-96-.!.7 - 1 st Reading - Set Quasi-Judicial Public
Hearing for 9/5/96 Spe~ia[ Meeting (Community Development Transmittal 8/6./9fi,
O-96-17)
ORDINANCE NO. 0-96-17
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REZONING CERTAIN PROPERTY LOCATED SOUTH OF MAIN
STREET, EAST OF J & W SUBDIVISION AND 100 FEET WEST OF THE U.S.
POST OFFICE PROPERTY, COMPRISED OF 5.6 ACRES MORE OR LESS, FROM
CL (COMMERCIAL LIMITED) TO RM-8 (MEDIUM DENSITY MULTIPLE
FAMILY); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABiLITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
96.174
96.174
Sembler CLUP - Ordinance No~ 0-9..6-18 - 1 ~t Reading - Set Quasi-Judicial Public
Hearing for 9/5/96 Special Meeting (C(>mmu. lli.ty.1).ewlopment Transmittal 8/7/96,
O-96-18)
ORDINANCE NO. O-96-18
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 CW (COMMERCIAL WATERFRONT)
FOR TWO PARCELS OF LAND CONSISTING OF 4.48 ACRES, MORE OR LESS,
LOCATED EAST OF NORTH CENTRAL AVENUE, SOUTH OF DAVIS STREET,
AND WEST OF INDIAN RIVER DRIVE; FINDING THAT THE COMPREHENSIVE
PLAN AMENDMENT QUALIFIES AS A SMALL SCALE AMENDMENT UNDER
FLORIDA STATUTES SECTION 163.3187 (1)(C); PROVIDING FOR A COPY OF
THE SMALL SCALE AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS
REQUIRED BY FLORIDA STATUTES SECTION 163.3187 (4); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Sembler Rezoning - Ordinanc,_¢ INQ~. Q-96-19 - 1 st Reading - Set Quasi-Judicial Public
Hearing for 9L5._/~}6 Speciol Meeting (Community Development Transmittal 8/7/96,
0-96-19)
ORDINANCE NO. 0-96-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REZONING CERTAIN PROPERTY LOCATED EAST OF NORTH
CENTRAL AVENUE, SOUTH OF DAVIS STREET AND WEST OF INDIAN RIVER
DRIVE, COMPRISED OF 4.48 ACRES MORE OR LESS, FROM CL (COMMERCIAL
LIMITED) TO GMC (GENERAL MARINE COMMERCIAL); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
175
96.175
96.130
13.
IqD, Adams - Collier Creek Estates CLUP - Ordinance No. 0-96-20 - 1 st regll[lag -_~t,_
Ouasi-Judi_cial Pulgj~ H~aring for 9/5/96 Special Meeting (Community Development
Transmittal 817196,
ORDINANCE NO~ 0-9{~-20
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 IN (INSTITUTIONAL) TO LDR (LOW DENSITY RESIDENTIAL) FOR
FOUR PARCELS OF LAND CONSISTING OF 9.45 ACRES, MORE OR LESS, IN
SEBASTIAN HIGHLANDS UNIT 16 AND IDENTIFIED AS TRACTS C, D, E AND A
PORTION OF F; FINDING THAT THE COMPREHENSIVE PLAN AMENDMENT
QUALIFIES AS A SMALL SCALE AMENDMENT UNDER FLORIDA STATUTES
SECTION 163.3187 (1)(C); PROVIDING FOR A COPY OF THE SMALL SCALE
AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS REQUIRED BY
FLORIDA STATUTES SECTION 163.3187 (4); PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
H.D. Adams- Collier Creek ~I_a_t_esl~zQlling-Ordinance No. O-96-21 - 1st reading-
SeLQ~laa[-Judicial Public Hearing for 9/5/96 Special Meeting ((~ommun_,ily Development
Transmittal 8/7/96, 0-96-21)
ORDINANCE NO, 0-96-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN SEBASTIAN
HIGHLANDS UNIT 16 AND IDENTIFIED AS TRACTS C, D, E AND A PORTION
OF F, COMPRISED OF 9.45 ACRES, MORE OR LESS, FROM PS (PUBLIC
SERVICE) TO RS-10 (RESIDENTIAL SINGLE FAMILY); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
J. Review Pending List
INTRODUCTION OF NEW BUSINESS FROM THE PUB!AC
Which ts not otherwise on the agenda - limit often re#rotes for each speaker
7
14.
15.
16.
17.
CITY COUNCILMATT. F.~
A. Vice Mayor Walter Bam~
B. Mr~orr~a Damp
C. Mr. I~ymg~l Halloran
D. Mr. Richard Taracka
E. May~rLouise Canwright
CITY ATTORNEY MATTEB$
CITY MANAGEI~,_.lY~i~ERS
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CiIT 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
1NCLUDES THE TEST1MONY AND EVIDENCE UPON WHICH THE APPEAL 1,5' TO BE HEARD. (286.0105 F.S.)
1N 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.
Upcoming City Coi,lllCjl Meetings:
Wednesday, August 28, 1996 (~ 7 p.m. - Regular City Council Meeting
Thursday, September 5, 1996 ~ 7:00 p.m. - Special City Council Meeting - Quasi-Judicial Hearings
Friday, September 6, 1996 ~ 7:00 p.m. - Special City Council Meeting - Budget Hearing
Wednesday, September 11, 1996 ~ 7:00 p.m. - Regular City Council Meeting
Wednesday, September 18, 1996 ~ 7:00 p.m. - Special City Council Meeting - Budget Hearing
Wednesday, September 25, 1996 ~ 7:00 p.m. - Regular City Council Meeting
8
QUASI-JUDICIAL HEARING SIGN-UP SHEET
AUGUST 14, 1996
96.164 A.
Mel Fisher Treasure Museum - Request for One Year Site Plan
Time Extension to September 6, 1997
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
PUBLIC INPUT ON AGENDA ITEMS
SIGN-UP SHEET
AUGUST 14, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT
FOR PUBLIC HEARINGS WHICH HAVE THEIR OWN SHEETS-TIME LIMIT OF 10
MINUTES PER SPEAKER
THERE WILL BE NO PUBLIC INPUT ON FIRST READINGS OF QUASI,
JUDICIAL ORDINANCES - INPUT WILL BE RECEIVED AT THE
QUASI-JUDICIAL HEARINGS FOR ORDINANCE NOS. O-96-17, 0-96-18,
O-96-19, 0-96-20 AND O-96-21 AT A SPECIAL MEETING TO BE
SCHEDULED FOR SEPTEMBER 5, 1996)
Agenda ltem No. andTitleT. _.~t~-~$4~ ' _'- .,~.L,_
................................ ~.=-..t.;,.z ....... ~ .... ~.-m.¢~_~ ................
Address:
Agenda Item No. and Title:
Address:
Agenda Item No. and Title:
Address:
Agenda Item No. and Title:
Name:
Address:
Agenda Item No. and Title:
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
AUGUST 14, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT
OTHER WISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES
PER SPEAKER
V,//Subject: ~'/(~/ 17~L/&~-
ddres~:~'-~l cf ~,¢c~ ~..~.~. ~ {4,
Subject:
Name~
Address:
Subject:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 14, 1996 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAINSTREET, SEBASTIAN, FLORIDA
Individuals shah 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. No invocation was given,
4. ROLL CALL
City Council Preserlt2
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mr. Raymond Halloran
Mr. Richard Taracka
StaffPresellI;
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
City Coulacil Absent:
Mrs. Norma Damp (excused)
Regular City Council Meeting
August 14, 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 recommended deferring item 8 E of the consent agenda relative to Runway 4-
22 until August 28, 1996 for FDOT recommendation.
MOTION by Halloran/Barnes
I move to delete item E of the consent agenda and reschedule to 8/28.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - absent
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 4-0
The City Manager requested that an item entitled Strategic Plan Planning Committee be added to
Old Business.
MOTION by Barnes/Halloran
I'll make a motion to add the Sebastian Strategic Plan Planning Committee letter (see
attached) to tonight's agenda.
ROLL CALL:
Mrs. Damp - absent
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 4-0
2
Regular City Council Meeting
August 14, 1996
Page Three
Mayor Cartwright requested that Council add an item 6 C to allow John Kanfoush to make an
announcement.
MOTION by Cartwright/Taracka
I move to add item 6 C to the agenda.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - absent
MOTION cARRIED 4-0
PROCLAMATIONS AND/OR ANNOUNCEMENT~;
96.103 A.
96.163
Certificates of Completion to Mayor Cartwright and Vice Mayor Barnes - Florida State
University - Florida Institute of Government -Institute for Elected Officials (Dr. John
Scott Dailey Letters dated 7/10/96 and JI15/96)
The City Clerk presented certificates to Mayor Cartwright and Vice Mayor Barnes.
Bo
Proclamation - Nafi0oal Rehabilitation Week - 8/15/96 - 8/25/96 -H~,lth~outh Treasure
Coast Rehabilitation Hospital, Veto Beit~h
Mayor Cartwright read the proclamation and directed that it be mailed to Healthsouth.
C. John Kanfoush
Mr. Kanfoush commended Human Resources Director, Wendy Widmann for her work with the
Handicapped Self Evaluation Committee and for handicapped residents of the City.
3
Regular City Council Meeting
August 14, 1996
Page Four
7. QUASI-JUDICIAL HEAR]~
96.164 A.
Mel l~isher Treasure Museum - Request for On0 Year Site Plan Time Extensiol~ to
September 6, 1997 (Commurlity Development Transmittal 8[7/96, Fisher Letter 8/1/96,
Site Plan Application. Site Map)
Mayor Cartwright opened the quasi-judicial heating at 7:10 p.m. and the City Clerk swore
in all those who intended to offer testimony.
No ex-pane communication was disclosed.
The City Planner presented staff comment on the requested extension for site plan for
expansion of the treasure museum and parking lot and recommended the site plan be
extended for one year until September 6, 1997.
Randy Mosby, Mosby & Associates, briefly addressed Council.
Mayor Cartwright closed the quasi-judicial hearing at 7:16 p.m.
MOTION by Bames/Taracka
I'll make a motion to extend the site plan for the Mel Fisher Treasure Museum for
one year from 8/7/96 to September 6, 1997.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - absent
Mr. Halloran - aye
MOTION CARRIED 4-O
Regular City Council Meeting
August 14, 1996
ePage Five
96.165
96.166
96.167
CONSENT AGENDA
All items,on the consent agenda are considered to be routine and wili be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council
so requests; in which event, the item will be removed and acted upon separately.
Approval of Minutes - 7/24/96 Workshop, 7/24/96 Regular Meeting, 7/31/96 Budget
Workshop
Adopt R-96-38 - Vacation of Easement - Lots 1, 2, 3 - Block 407, Sebastian Highlands
Unit 7 (City Clerk Transmittal 8/5/96, R-96-53, Application, Survey, Authorization Letter
from Property Owner, Utility and Dept. Approvals)
RESOLUTION NO. R-96-38
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE SOUTH SIX FEET OF LOT 1 LESS THE WEST 10 FEET THEREOF; THE
NORTH SIX FEET OF LOT 2 LESS THE WEST 10 FEET THEREOF; THE SOUTH
SIX FEET OF LOT 2 LESS THE WEST 10 FEET THEREOF; AND THE NORTH SIX
FEET OF LOT 3 LESS THE WEST 10 FEET THEREOF, PUBLIC UTILITY AND
DRAINAGE EASEMENTS, BLOCK 407, SEBASTIAN HIGHLANDS UNIT 7,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-6, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
Approve Purchase of Diesel Powered Rotary Mower - Public Works - Florida State
Commodity Contract No. 515-630-560-0783 - Robinson Equipment Co. Inc., Mims, FL -
$9,744.00 (Public Works Director Transmittal 8/5/96, 7/19/96 Robinson Equipment
Quote, Robinson Equipment Letter 6/14/96, 6/6/96 Berggren Equipment Quote)
Authorize City Manager to Execute Interagency Agreement between Florida Department
of Corrections and City of Sebastian - Indian River Correctional Institution - Medium and
Minimum Custody Inmate Labor - Further Authorize City Manager to Renew Annual
Agreements Provided No Substantial Changes Within Scope of Agreement (City Manager
Transmittal 8/6/96, Agreement)
Regular City Council Meeting
August 14, 1996
Page Seven
Item A - Minutes - 7/24/96 Regular Meeting
Mayor Cartwfight corrected the July 24, 1996 regular minutes, noting that Mr. Taracka
made the certificate presentation to the Employee of the 2nd Quarter, Chuck Geisz.
MOTION by Cartwfight/Halloran
I move to approve item A of the consent agenda as corrected.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - absent
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 4-0
Item C - Diesel Mower
Mr. Taracka inquired whether there was a warranty. The City Manager said he would
check and if there was no warranty he would bring the item back for review.
MOTION by Taracka/Barnes
I make a motion to accept item C with the condition that we approve this on a
warranty.
ROLL CALL:
Mrs. Damp - absent
Mr. Haiioran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 4-0
Regular City Council Meeting
August 14, 1996
Page Eight
Item F - Fence Improvements
Mayor Cartwright asked whether the fence would impede proposed drainage
improvements at the soccer field.
The Public Works Director said it would not.
MOTION by CartwfighffHalloran
I move to approve item F of the consent agenda.
ROLL CALL:
Mr. Halloran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
- aye
- aye
- aye
- absent
MOTION CARRIED 4-0
Item Ca - Lions Club Fireworks
Sal Neglia, 461 Georgia Boulevard, Sebastian, objected to closing Indian River Drive and
the' park being used for a barbecue and band.
Mr. Barnes said the City Manager had informed him that all side streets leading to Indian
River Drive will be open.
MOTION by Cartwright/Halloran
I move to approve item G of the consent agenda.
ROLL CALL:
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
- aye
- aye
- absent
- aye
MOTION CARRIED 4-0
8
Regular City Council Meeting
August 14, 1996
Page Nine
9. PRESENTATIONS - None..
10. COMMITTEE REPORTS/RECOMMENDATIONS
96.171 A.
CODE ENFORCEMENT BOAI~ (Community Development Transmittal 8/6/96, Oliver
Application, Excerpt of Code Enforcement Minutes 7/17/96, Sections 2-179 and 2-180
Code of Ordinances)
Intervio2/_arld Appoint to Three Year Term - G~lleral Contractor Position Vacated
by Louis Nicolini to Expire 6/1/99 - Board Recommends Michael Oliver, Sr.
City Council interviewed Michael Oliver, Sr., 106 Lancaster Street, Sebastian.
MOTION by Bames/Taracka
I'll make a motion to appoint Mr. Michael Oliver, Sr. to the Code Enforcement
Board filling the general contractor position vacated by Louis Nicolini which expires
6/1/99.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - absent
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 4-0
ii.
BOard Recommends Moving Altei3ate Dave Costa to Engineering Posi[joll_Which
Will be Vacated by Georgo Metcalf (City Clerk's Office Currell[ly Advertising
Po~itio~l - Accepting Applications Uotjl Friday, 8/9/96 at 4:30 p.m.)
Sal Neglia, 461 Georgia Boulevard, spoke on behalf of the committee, and said he will
first listen to Council's discussion on the third item.
Mayor Cartwright stated that this engineering position was being advertised for until
August 9, 1996 and that two other engineer applicants had applied for the position,
therefore, this recommendation can not be addressed at this time until those applications
are reviewed.
9
Regular City Council Meeting
August 14, 1996
Page Ten
nl.
Coosider Request to Change Policy Regarding Advertising and Interviewing for
Vacant Positions on Code Enforcement Board
The City Attorney said that the statute and code say that "whenever possible" those
positions should be filled in accordance with guidelines.
Mayor Cartwright said she was a proponent of moving alternates for some boards and that
City Council will be looking into procedures for all boards of the City.
The City Attorney was directed to draft language reversing the roles of the Code
Enforcement Board attorney and the City Attorney as they represent the Code
Enforcement Board and the City.
Herbert Sturm, 549 Saunders Street, Sebastian, said the membership requirements in the
statutes on Code Enforcement needs to be rewritten.
The City Manager said the City code is more restrictive than Florida Statutes regarding
the engineering position and that perhaps that can be looked at.
Mayor Cartwright commended Vice Mayor Barnes for his "Sexual Harassment Seminars"
given to City employees.
11. OLD ~II.I$INESS
old
A. Sebastian Str~Iegic Plan Planning CommiItce
The City Manager had distributed a memo dated August 8, 1996 at the beginning of the
meeting and read it into the record.
TAPE I - SIDE II (7:48 p.m.)
He requested authority to move forward with the Phase I Planning Team to allow him to
have them meet on August 22, 1996. He said he will bring back the formation of the
Phase II group at a later date.
10
Regular City Council Meeting
August 14, 1996
Page Eleven
96.129
12.
MOTION by Cartwright/Halloran
I move to approve the request for the Strategic Plan Planning Committee.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - absent
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 4-0
NEW BU$INES~
Review and Amend Accordirlgly - Adopt R-96-53 - City Council Meeting
Tjmes/Procedures (City Clerk Transmittal 8/8/96, R-96-53)
RESOLUTION NO. R-96-53
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL
MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS; ADOPTING
ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION;
PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC
HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS);
PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION
RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Clerk read Resolution No. R-96-53 by title only.
11
Regular City Council Meeting
August 14, 1996
Page Twelve
Changes were made as follows:
Page Two - "should" or "may" - consensus to change to "should"
Next occurrence of"should" or "will" - consensus to change to "will"
Page Two - Section 2. - consensus of City Council for continuance of quasi-judicial in
accordance with ordinance on quasi procedures
Page Four - Section 2.B. add "and" shall be stated in the record. - consensus to add
Page Six - D. - consensus to add "by a majority vote of City Council".
MOTION by Cartwright/Barnes
I move to approve Resolution 96-53 as amended.
ROLL CALL:
Mrs. Damp - absent
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 4-0
96.172
Bo
&dopt Resolution bio. R-96-54 Amending R-86,44, Returning Lots 23 and 24 to Original
Plat of Sebastian Highlands (Communit~ Development Transmittal 8/1/96. R-96-54,_
Letter of Request, Warranty Deeds, R-86-44, Location Map)
RESOLUTION. NO. R-96-54
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING RESOLUTION NO. R-86-44 WHICH VACATED,
ABOLISHED, ABANDONED AND DISCONTINUED CERTAIN PORTIONS OF
PLATTED LAND INCLUDING LOTS 23 AND 24, BLOCK 12, SEBASTIAN
HIGt-ILANDS, UNIT 1; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Clerk read Resolution No. R-96-54 by title only.
¸12
Regular City Council Meeting
August 14, 1996
Page Thirteen
96.01g C.
Mayor Cartwright inquired whether the City Planner wished this to be a public heating in
accordance with his transmittal and he concurred. Mayor Cartwright opened the hearing
at 8:00 p.m.
The City Planner gave a btiefhistory on the request to reverse the vacation of the subject
lots and return to the original plat for Sebastian Highlands subdivision.
Mayor Cartwright closed the heating at 8:03 p.m.
MOTION by Taracka/Barnes
I move to adopt Resolution R-96-54.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwtight - aye
Mr. Barnes - aye
Mrs. Damp - absent
MOTION CARRIED 4-0
Ado. pi Resolution No. R-96-55 - Fey Sargl/llining Special Use Permit - Amendillg
Condition Requiring Submittal of Topography Survey from Six Months to Seven Months
(Community Development Tl-.~p, slllittal 8/7/96. R-96-55)
~OLUTION NO. R-96-55
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, GRANTING AN EXTENSION TO SECTION 4.(8) OF RESOLUTION NO.
96-24, A SPECIAL USE PERMIT AND MINING PERMIT TO RICHARD FEY FOR A
SAND MINE ON APPROXIMATELY 11 ACRES OF LAND; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Clerk read Resolution No. R-96-55 by title only.
The City Planner recommended approval of the request to give Mr. Fey an additional
thirty days to submit his required survey.
13
Regular City Council Meeting
August 14, 1996
Page Fit~een
MOTION by Barnes/I-Ialloran
I'll make a motion to adopt Resolution R-96-55.
ROLL CALL:
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
- aye
- aye
- absent
- aye
MOTION CARRIED 4-0
Mayor Cartwright called recess from 8:05 p.m. to 8:20 p.m. All members present at roll
call were present.
96.173/
94.029
93.196
Adopt Resolution No. R-96-57 - Authorize_City Mal~ager to Execute Termination of
Lease w/Price, Terminatigrl of Busil~ess Sublease, and Lease Agreement w/Skydive
Sebastian of South Florida, Inc. (City Manager Transmittal 8/8/96, R-96-57, 3
Agr~rtlents)
RESOLUTION NO. K-96-57
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REPEALING RESOLUTION NO. R-93-50; AUTHORIZING THE CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF
THE CITY, A TERMINATION OF LEASE AGREEMENT BETWEEN THE CITY OF
SEBASTIAN AND CHARLES CLAY PRICE, A TERMINATION OF BUSINESS
SUBLEASE BETWEEN CHARLES CLAY PRICE AND SKYDIVE SEBASTIAN OF
SOUTH FLORIDA, INC., AND AN AIRPORT LEASE AGREEMENT BETWEEN
THE CITY OF SEBASTIAN AND SKYDIVE SEBASTIAN OF SOUTH FLORIDA,
INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERAB1LITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Cartwright said she would abstain from voting on this matter since she was an
employee of an insurance company in Sebastian which partially insures a portion of the
Skydive Sebastian of South Florida, inc. property. (See form attached)
She turned the gavel over to Vice Mayor Barnes to chair the meeting.
Sal Neglia, 461 Georgia Boulevard, Sebastian, urged caution with this lease.
14
Regular City Council Meeting
August 14, 1996
Page Fifteen
The City Manager stated that this lease came about when Skydive requested an additional
1 O0 feet of leased property, and was a combination of the airport lease prepared by a
previous City Attorney with revisions made by the City Manager and current City
Attorney.
He reviewed the revised lease agreement he had distributed at the beginning of the
meeting and recommended approval.
The City Planner said Skydive had submitted a new site plan and that staff was awaiting
notice of HRS approvals for the septic tank, pool and spa and that electrical and certain
building permits had been applied for. He said he was working with them on cleaning up
some items which were not permitted.
Randy Mosby, Mosby & Associates, representing Skydive Sebastian of South Florida,
Inc., addressed City Council on its attempt to bring all matters into conformance.
Mr. Halloran asked if Skydive was substantially in compliance. The City Planner said they
were "substantially attempting to comply" and that staff was watching very carefully. He
said staffwas working closely with Skydive.
Mr. Taracka requested assurances that the City Council would not have to worry about
the tenant not working within the guidelines of the new lease. Vice Mayor Barnes
reiterated Mr. Taracka's concerns.
The City Manager briefly reviewed the revised termination of lease agreement.
MOTION by Halloran/Barnes
I move to approve Resolution No. R-96-57 as amended or the current version that
we received with the amendments.
TAPE II - SIDE I (8:50 p.m.)
The City Manager noted that the resolution had not been amended, only the agreements.
15
Regular City Council Meeting
August 14, 1996
Page Sixteen
ROLL CALL:
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
Mr. Taracka
- abstained
- aye
- absent
- aye
- aye
MOTION CARRIED 3-0
Vice Mayor Barnes turned the meeting back over to Mayor Cartwright.
96.117
Skillman Rezoning - Ordinance No. 0-96-17 - 1 st Reading - Set Quasi-JudiCial Public
Hearing for ~)/5/96 Special Meeting (Cornmunit3 Development Transmittal 8/6/96,
0-96-17)
ORDINANCE NO_O-96-17
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REZONING CERTAIN PROPERTY LOCATED SOUTH OF MAIN
STREET, EAST OF J & W SUBDIVISION AND 100 FEET WEST OF THE U.S.
POST OFFICE PROPERTY, COMPRISED OF 5.6 ACRES MORE OR LESS, FROM
CL (COMMERCIAL LIMITED) TO RM-8 (MEDIUM DENSITY MULTiPLE
FAMILY); 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. 0-96-17 by title.
MOTION by Halloran/Bames
I move to accept the first reading of Ordinance No. 0-96-17 and schedule quasi-
judicial hearing and second reading of ordinance for September 5, 1996.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - absent
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 4-0
16
Regular City Council Meeting
August 14, 1996
Page Seventeen
96.174 F.
Sembler CLUP - Ordinance No. O-96-18 - 1 st Reading - Set Quasi-Judicial Public
Het~ritlg for 9/5/96 Special Meeting (Community Development Transmittal 8/7/_96,
O-96-18)
ORDINANCt~2~O, 0-96-18
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 CW (COMMERCIAL WATERFRONT)
FOR TWO PARCELS OF LAND CONSISTING OF 4.48 ACRES, MORE OR LESS,
LOCATED EAST OF NORTH CENTRAL AVENUE, SOUTH OF DAVIS STREET,
AND WEST OF INDIAN RIVER DRIVE; FINDING THAT THE COMPREHENSiVE
PLAN AMENDMENT QUALIFIES AS A SMALL SCALE AMENDMENT UNDER
FLORIDA STATUTES SECTION 163.3187 (1)(C); PROVIDING FOR A COPY OF
THE SMALL SCALE AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS
REQUIRED BY FLORIDA STATUTES SECTION 163.3187 (4); 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. 0-96-18 by title.
MOTION by Barnes/Taracka
I'll recommend approval of Ordinance O-96-18 first reading and set the quasi-
judicial public heating for 9/5/96.
ROLL CALL:
Mrs. Damp - absent
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 4-0
17
Regular City Council Meeting
August 14, 1996
Page Nineteen
96.174 G.
Sembler l~ezoning - Ordinance No. O-96-19 - 1 St Reading - Set Quasi-Judicial Publ~
Hearirtg for 9/5/96 Special Meeting (Community Development Transmittal 8/7./96,
O-96-19)
ORDINANCE NO. 0-96-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REZONING CERTAIN PROPERTY LOCATED EAST OF NORTH
CENTRAL AVENUE, SOUTH OF DAVIS STREET AND WEST OF INDIAN RIVER
DRIVE, COMPRISED OF 4.48 ACRES MORE OR LESS, FROM CL (COMMERCIAL
LIMITED) TO GMC (GENERAL MARINE COMMERCIAL); 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. 0-96-19 by title.
MOTION by BarnesdCartwtight
I'll move to approve Ordinance O-96-19 first reading and set the quasi-judicial
public heating for 9/5/96.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - absent
MOTION CARRIED 4-0
18
Regular City Council Meeting
August 14, 1996
Page Nineteen
96.175 H.
H.D. Adajll~ - ~:ollier Creek Estates CLUP - Ordinance No. 0-96-20 - 1st reading - Set
Quasi-Judicial Public Hearing for 9/5./9(3 Special Meeting (Community Development
TransmiItal 8/7/96, 0-96-20)
ORDINANCE NO. 0-96-20
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 IN (INSTITUTIONAL) TO LDR (LOW DENSITY RESIDENTIAL) FOR
FOUR PARCELS OF LAND CONSISTING OF 9.45 ACRES, MORE OR LESS, IN
SEBASTIAN HIGHLANDS UNIT 16 AND IDENTIFIED AS TRACTS C, D, E AND A
PORTION OF F; FINDING THAT THE COMPREHENSIVE PLAN AMENDMENT
QUALIFIES AS A SMALL SCALE AMENDMENT UNDER FLORIDA STATUTES
SECTION 163.3187 (1)(C); PROVIDING FOR A COPY OF THE SMALL SCALE
AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS REQUIRED BY
FLORIDA STATUTES SECTION 163.3187 (4); 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. 0-96-20 by title.
MOTION by Taracka/Barnes
I move to approve Ordinance 0-96-20 first reading, set quasi-judicial public
heating for September 5, 1996.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Bames - aye
Mrs. Damp - absent
Mr. Halloran - aye
MOTION CARRIED 4-0
19
Regular City Council Meeting
August 14, 1996
Page Twenty One
96.175 I.
96.130 J.
H.D. Adams - Collier Creek Estates Rezoning - Ordinance Ho. 0-96:21 - 1 st reading -
Set Quasi-Judicial Public Hearing for 9/5/96 Special Meeting (CommulxiLv Development
Transmittal 8/7/96, O-96-21)
ORDINj~C[3 NO. O-96-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN SEBASTIAN
HIGHLANDS UNIT 16 AND IDENTIFIED AS TRACTS C, D, E AND A PORTION
OF F, COMPRISED OF 9.45 ACRES, MORE OR LESS, FROM PS (PUBLIC
SERVICE) TO RS-10 (RESIDENTIAL SINGLE FAMILY); 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. 0-96-21 by title.
MOTION by Halloran/Cartwright
I move to accept first reading of Ordinance No. 0-96-21, schedule quasi-judicial
hearing and second reading of ordinance for September 5, 1996.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - absent
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 4-0
Review Pending List
Mr. Barnes
96.013 - review of IRS rules for the City Attorney contract. The City Manager said this
item can be removed.
20
TA
Regular City Council Meeting
August 14, 1996
Page Twenty One
96,026 - Sebastian Lakes/PTC/Lennar. The City Manager said he received a fax today
and stated this item was progressing to a final agreement to allow the project to move
ahead.
96.033 - Employee career service system. The City Manager said the document is done
but that he wanted staff review prior to bringing it to Council.
96.035 - Workshops for recreation, The City Manager said this will be addressed after
budget.
MI', Tatack;a
96.099 - Police station. The City Manager said RFP's have gone out and staffis awaiting
responses to come back to Council.
96.122 - Mr. Taracka said he should be meeting with Fran Adams in next couple of
weeks.
96.128 - Reflectors on CR 512 curbs. Mr. Taracka said Indian River County had put out
reflectors and that this item can be removed from the list.
Mr, Haltoran
96.123 - Former Utility Building. The City Manager said he has met with the Historical
Society, Chamber of Commerce and has had private commercial inquiries,
96.119 - Strategic Planning - Mayor Cartwfight suggested the number be reserved but ~
item removed from list.
96.132 - Board Procedures - Mayor Cartwright said we need to move on this.
96.137 - Charter revisions - Mayor Cartwright said this is needed by November the la
95.029 - Parking - The City Planner said this would be on the next Council agenda,
95.145 - Fencing - The City Planner said this would be on the next Council agenda.
21
95.152 - Tennis courts - The City Manager said this may have already been bid out.
Mr. Barnes
96.131 - Council Expenses - Mr. Barnes requested placing an item on next agenda
regarding City Council travel expenses, same as employee policy.
13.
INTRODUCTION OF NEW i~USINESS FROM THE i~UBLIC
Which is not otherwise on the agenda - Hmit often minutes for each speaker
J. Marshall Beatty, 1848 Barber Street, Sebastian, said he spoke to Council a couple of
months ago about vegetation behind his home and that conditions are now worse. The
City Manager said he would personally go out to the home.
Tut Connolly, 149 Kildare Drive, Sebastian, objected to Code Enforcement Board
recommendation on filling a position without benefit of interviewing all applicants. The
Mayor advised him all applications would be sent to the board for review prior to City
Council action on the appointment.
Herbert Sturm, 549 Saunders Street, Sebastian, gave an update on broken equipment in
the City, ducks in Hardee Park, and requested appointment of a council to look into the
amendment of Code Enforcement orders by the City Clerk. Mr. Taracka said the courts
had dismissed the matter. It was the consensus of City Council that it did not want to
pursue the matter any further.
Sal Neglia requested to speak on another subject, stating he thought he had signed up,
however, Mayor Cartwright said she had never waived the sign-up requirement for
Introduction of New Business and did not want to do so.
14. CITY COUNCIL MATTERS
A. Vice Mayor Walter Barn~
Mr. Barnes spoke on behalf of the Sebastian River High School marching band and the
possibility of re-establishing a holiday parade as was done in the past, to which the Mayor
responded that perhaps the Winter Wonderland people can be contacted; expressed
concern for drainage problems on CR 512; and inquired about solutions to oversized boat
trailer parking at the Yacht Club. The City Manager said he would look into it.
TAPE II - SIDE II (9:35 p.m.)
22
Regular City Council Meeting
August 14, 1996
Page Twenty Three
B. Mrs. Norma Daml~
Absent.
C. Mr. Rayrgond Halloran
Mr. Halloran stated that the Today paper had run an article about a burglary ring in
Sebastian that is actually in Veto Highlands near St. Lucie County. He said they will print
a retraction.
D. Mr. Richard Taracka
Mr. Taracka requested that an ordinance be drafted to require general contractors to
repair road damage caused by construction. It was the consensus of City Council to look
into this.
E. Mayor Louise Cartwright
Mayor Cartwright announced the next Falcon Cable public forum on August 29, 1996;
announced that she will conduct office hours in council chambers on Thursdays from 4:30
p.m; discussed complaints received about contractor Block tests and asked that an
ordinance dealing with the issue be workshopped, to which the City Planner said a Block
ordinance had been started and could be on the next agenda; and discussed site plan
review procedures and suggested extensions be approved by Planning and Zoning and
have appeals come to City Council, to which the City Planner responded that all
procedures are being reviewed at this time.
15. CITY ATTORNEY MATTERS
None.
16. CITY MANAGER MATTERS
The City Manager reported on information obtained at a Florida League of Cities
conference relative to cable regulation. He specifically reported that the estimated cost for
formal renewal of cable would be between $20,000 and $50,000.
23
Regular City Council Meeting
August 14, 1996
Page Twenty Four
17.
He went on to report briefly on the FPL easement right-of-way and access by adjacent
property owners and said there will be more attention paid to the use of ATV's on the
easement.
He announced that Indian River County has reported that Barber Street will be four laned
from CR 512 to U.S. 1 in the future.
Being no further business, Mayor Cartwright adjourned the Regular Meeting at 9:56 p.m.
Approved at the~.c/,~
Kathryn i~. O'Halloran, CMC/AAE
City Clerk
,1996, Regular City Council Meeting.
Mayor
24
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
i.ASI'NAME FIRSTNAMI! MII)I)I.E NAMI-!
MAII.ING AI)I)RESS
CITY
NAME OF BOARD. COUNCIl., COMMISSION, AUTHORII'Y, OR COM Mrrl'FE
THE BOARD, COUNCIl.. COMMISSION. AUTHORITY OR COMMITTE~ ON
WHICH I SERVE IS A UNIT OF:
/~~lU[~ ~ CITY ~ COUNTY ~ O'I'HERi.OCAI. AGENCY
COUNI'Y
NAME OF POI,ITICAI, SUBDIVISION:
MY POSITION IS:
~1~ EI.E('I'IVE E1 APPOIN'rlVE
WHO MUST FILE FORM 8B
This form is fol' use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whcther you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent
organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special
private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and
officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited l¥om voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in-
law, son-inqaw, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the
corporation are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording the minutes of the meeting, who should incorporate thc form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these mattcrs. However,
you must disclose the nature of thc conflict before making any attempt to influence the decision, whether orally or in writing and
whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFI.UENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BE TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form must be provided immediately to the other members of the agency.
° The form must be read publicly at the next meeting after the form is filed.
CE FORM 8B - 10-91 PAGE