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HomeMy WebLinkAbout08231995 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 23, 1995 7:00 P.M OR SOON THEREAFTER 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 of ten minutes per speaker (R-95-33) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - No One Available 4. ROLL CALL 5. AGENDA MODIFICATIQLNS (ADDITIONS AMD/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-33) 6. PROCLAMATIQNS AND/OR ANNOUNCEMENTS 95.142 QUASI-JUDICIAL 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 ° StaffPresentation · 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 · StaffResponse and Summary - 10 Minutes ° Applicant's Rebuttal Presentation - 10 Minutes ° Board and Stafflnquiry Ao RESOLUTIOI',J NO. R-95-48 ~ Acceptance of Minor Subdivision Plat for J & W Subdivision (Director of Community Development Transmittal dated 8/15/95, R-95-48, Application, Plat, Sections 20A- 16. I(C)I and 16.3 ofLDC, P & Z Memo dated 7/28/95, Williams Memo dated 7/20/95, Masteller Letter dated 6/9/95) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDIVISION PLAT; ACCEPTING THE M1NOR SUBDIVISION PLAT OF J & W SUBDIVISION, CONSISTING OF 1.22 ACRES, MORE OR LESS, LYING IN SECTION 1, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 2 COINSENT AGENDA ~Ill 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. Ao Approval of Minutes - 8/2/95 and 8/3/95 Budget Workshops, 8/9/95 Regular Meeting 95.143 Sebastian Jaycees - Margo Giacobbi - Request Use of Community Center - 9/22/95 and 12/15/95 - 6 p.m. to 10 p.m. - Dancemania III and IV Teen Dance Fundraisers - Admission Fee - Security Pd (City Clerk Transmittal dated 8/8/95, R-95-50 Pg 5, Application) 95.144 Co Lion's Club - Request Use of Riverview Park - Steak Dinner Fundraiser - 11/4/95 - 9 am to 6 pm - Use of Electricity and Standard Conditions (Director of Community Development Transmittal dated 8/14/95, Zuhowski Letter dated 8/4/95) 9. PRESENT&T!ONS 10. COMMI~E REPORTS/RECOMMENDATION~$ A. Planning and Zollilag Commission 95.145 Recommendation Re: Barbed Wire Fences - Direct City Attorney to Draft Ordinance (Director of Community Development Transmittal dated 8/15/95, DCD Memo dated 5/17/95, P & Z Memo dated 5/29/95) 11. OLD BUSINESS 95.082 Ao Costa Culvert Pipe (City Manager Transmittal dated 8/17/95, Votapka Letter dated 6/9/95, 5/24/95 Minutes Excerpt, Cooper Letter dated 3/8/95) 12. NEW BUSINESS 95.029 ORDiNANCE NO. O-95-23 - Amending Parking Ordinance No. O-95-03 Re: Prohibiting Parking in Handicapped Spaces (City Manager Transmittal dated 8/17/95, O-95-23) 1st Reading, Set Public Hearing 9/13/95 AN ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDiNG THE CODE OF ORDiNANCES, PROHIBITING PARKING IN DESIGNATED HANDICAPPED SPACES, PROVIDiNG FOR SEVERABILITY, PROVIDiNG FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 95.146/ 94.004 Cost Share Agreement - Sebastian Riverview Park Shoreline Restoration - St. John's River Water Management District & City of Sebastian (City Manager Transmittal dated 8/15/95, Agreement) 95.006 Department of Community Affairs/City of Sebastian - Evaluation and Appraisal Report Assistance Program Contract - Comprehensive Land Use Plan Review Funding (Director of Community Development Transmittal dated 8/15/95, DCA Letter dated 6/27/95, Contract) 95.147 Golf Course Transactions - Requested by Vice Mayor Corem (City Manager and Finance Director Memos dated 8/15/95, Vice Mayor Corum Memo dated 8/14/95) 13. INTRODUCTIObt OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker 4 14. 15. 16. 17. CITY COUNCIL MATTERS A. Mayor Arthur Firtion B. Vice Mayor Carolyn Corem C. Mrs. Louise Cartwdght D. Mrs. Norma Damp E. Mr. Raymond Halloran CITY ATTORNEY 3/IATTERS CITY MANAGER MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED A T THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET AUGUST 23, 1995 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHER WISE ON THE PREPARED ,4 GENDA - LIMIT OF 10 MINUTES PER SPEAKER Address: ,~tV ~ C~,'~o'x¢-~ "'f-_sq,%r~t.x~ Subject: p~ cy)/~~ Address: Subject: Name: Address: Subject: Namel Address: Subject: NaIne: Address: Subject: Name~ Ad&ess: Subject: Salne~ Address: Subject: win\wp-min~nbi-form 2 PUBLIC INPUT ON AGENDA ITEMS SIGN-UP SHEET AUGUST 23, 1995 REGULAR MEETING USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT HEARINGS WHICH HA VE THEIR OWN SIGNUPS SHEETS-TiME LIMIT OF 10 MINUTES PER SPEAKER Address: tSlf_:_27. Name: Address: Age~o. and Title: Address: ~r-, Agenda I~m~o' and Title: Address: ~ Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: Name~ Address: Agenda Item No. and Title: QUASI-JUDICIAL HEARING SIGN-UP SHEET AUGUST 23, 1995 95.142 A. RESOLUTION l~O. 1g-95-48 - Acceptance of Minor Subdivision Plat for J & W Subdivision (Director of Community Development Transmittal dated 8/15/95, R-95-48, Application, Plat, Sections 20A- 16. I(C)I and 16.3 ofLDC, P & Z Memo dated 7/28/95, Williams Memo dated 7/20/95, Masteller Letter dated 6/9/95) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR SUBDIVISION PLAT OF J & W SUBDIVISION, CONSISTING OF 1.22 ACRES, MORE OR LESS, LYING IN SECTION 1, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Name Address For Against Information Name Address For Against Information Sam~ Address For Against Information City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 23, 1995 7:30 P.M CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL/4 GENDA 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 Firtion called the Regular Meeting to order at 7:30 p.m. 2. The Pledge of Allegiance was recited. 3. No one was available for invocation. 4. ROLL .CALL City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present; City Manager, Joel Koford City Attorney, Clifton McClelland, Jr. City Clerk, Katluyn O'Halloran Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Regular City Council Meeting August 23, 1995 Page Two A.G~NDA 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 item 10A be postponed to a workshop on September 13, 1995 and said that item 1 lA had been withdrawn by the applicant. MOTION by Corum/Cartwright I move to pull item IOA on behalf of the City Manager and also I move to remove item 1 lA Old Business on behalf of the applicant. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 PROCLAMATIONS AND/OR ANNOUNCEMENTS None. QUA~I-JUDICIAI~, 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 2 Regular City Council Meeting August 23, 1995 Page Three Proponents' Testimony- 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Proponents Opponents' Presentation - Affected Opponents 15 Minutes - Other 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 95.142 llESOLUTION biO, 1t.-95-48 - Acceptance of Minor Subdivision Plat for J & W Subdivision (Director of Community Development Transmittal dated 8/15/95, R-95-48, Application, Plat, Sections 20A- 16. I(C)I and 16.3 ofLDC, P & Z Memo dated 7/28/95, Williams Memo dated 7/20/95, Masteller Letter dated 6/9/95) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR SUBDIVISION PLAT OF J & W SUBDIVISION, CONSISTING OF 1.22 ACRES, MORE OR LESS, LYING IN SECTION 1, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Firtion opened the quasi-judicial hearing at 7:32 p.m. The City Clerk administered an oath to all those who intended to give testimony. Regular City Council Meeting August 23, 1995 Page Four The City Attomey read Resolution No. R-95-48 by title only. Mrs. Cartwright disclosed that she had discussed an omission in the resolution with the City Attorney but that it had no bearing on the merits of the request. The Director of Community Development briefly explained the application for minor subdivision and recommended two amendments to the plat as follows: 1) 2) a title change from "Vice Mayor" to "Mayor", and certification on the plat stating it is in compliance with all ofFS 177 Being no further input, Mayor Firtion closed the quasi-judicial heating at 7:38 p.m. Applicant, Jerry Smith, stated that "Mayor" had been printed on the plat. The City Attorney advised that the correct name of the corporation should be included in Section 1 of the resolution. Vice Mayor Corem expressed concern relative to drainage easements and sidewalks. Mrs. Cartwright noted that the address of the corporation and certification of compliance need to be included on the plat. MOTION by Cartwright/Halloran I move to approve Resolution R-95-48 as amended with the conditions that they comply with the name and address of the owner on the property plat and conform to Mr. William's suggestions on the plat ("that the surveyor comply with chapter 177 and state compliance on the plat" - added by City Attorney) and amend section 1 of the resolution. Regular City Council Meeting August 23, 1995 Page Five ROLL CALL: Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum - aye - aye - aye - aye MOTION CARRIED 5-0 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 - 8/2/95 and 8/3/95 Budget Workshops, 8/9/95 Regular Meeting 95.143 Sebastian Jaycees - Margo Giacobbi - Request Use of Community Center - 9/22/95 and 12/15/95 - 6 p.m. to 10 p.m. - Dancemania III and IV Teen Dance Fundraisers - Admission Fee - Security Pd (City Clerk Transmittal dated 8/8/95, R-95-50 Pg 5, Application) 95.144 Lion's Club - Request Use of Riverview Park - Steak Dinner Fundraiser - 11/4/95 - 9 am to 6 pm - Use of Electricity and Standard Conditions (Director of Community Development Transmittal dated 8/14/95, Zuhowski Letter dated 8/4/95) The City Manager read the consent agenda. An amended page four of the August 9, 1995 minutes had been distributed prior to the meeting by the City Clerk at the request of Mrs. Cartwright. MOTION by Cartwright/Corum I move to approve item A as amended, item B and and item C of the consent agenda. Regular City Council Meeting August 23, 1995 Page Six ROLL CALL: Mrs. Damp Mr. Halloran Mayor Firfion Vice Mayor Corem Mrs. Cartwright - aye - aye - aye - aye MOTION CARRIED 5-0 9. PRESENTATIONS None. 10. COMMITTEI~ REPORTS/RECOMMENDATIONS A. Plangillg and Zoning Commissiml 95.145 1. Recommendation Re: Barbed Wire Fences - Direct City Attorney to Draft Ordinance (Director of Community Development Transmittal dated 8/15/95, DCD Memo da~t~fl 5/17/95. P & Z Memo dated 5/29/95) This item had been previously postponed to a September 13, 1995 workshop. 11. OLD BUSINESS 95.082 Costa Culvert Pipe (City Manager Transmittal ;lated 8/!7/95, Votapka Letter dat;d 6/9/9& 5/24/95 Minutes Excerpt. Cooper Letter dated 3/8/95) This item had been previously withdrawn by Mr. Costa, who reserved the right to be on a future agenda. Regular City Council Meeting August 23, 1995 Page Seven 12. NEW BUSINESS 95.029 A. ~],D~NCI~ NO. 0-95-23 - Amending Parking Orditlane¢ No. 0-95-03 Re: Prohibiting Parking in Handicapped Spaces (City Manager Transmittal dated 8/17/95, O-95-2)) 1st Reading, Set Public Hearing 9/13/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, PROHIBITING PARKING IN DESIGNATED HANDICAPPED SPACES, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-95-23 by title only. MOTION by Halloran/Cartwright I move to approve and establish a public hearing date of September 13, 1995. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 7 Regular City Council Meeting August 23, 1995 Page Eight 95.146/ B. 94.004 Cost Share Agreement - Sebastian Rjvcrview Park Shoreline Restoration - St. John's River Water Management District & City of Sebastian ~City Manager Transmitt~ dated 8/15/95~ Agreem¢llt) Marty Smithson, St. John's River Water Management District, addressed City Council. MOTION by Halloran/Damp I move to approve the agreement and authorize the Mayor and City Clerk to execute on behalf of the City of Sebastian. ROLL CALL: Mayor Finion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 95.006 Department of Community Affairs/City of Seb_a~ti~ - 13valuation alld Appraisal Report Assistance Program Controct - Comprehensive Land Use Plan Review Funding (Director of Community Development Transmittal dated 8/15/95,_DCA Letter dated 6/27/95. Contrac0 The City Manager noted there was $14,069 available for funding review of the comprehensive land use plan. Following a brief discussion of selection of consultants and city input on the report, motion was made. MOTION by Corum/Cartwright I move to approve the Mayor to sign the contracts from the Department of Community Affairs regarding the funding for the preparation of the evaluation and appraisal report. Regular City Council Meeting August 23, 1995 Page Nine ROLL CALL: Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion - aye - aye - aye - aye MOTION CARRIED 5-0 95.147 D. Golf Course Transactions - l~eqlle~ted by Vice Mayor Corum (City Manager and Finance Director Memos date~l ~[!~/95, Vice Mayor Corum MenL.o dated 8/14/P5) Walter Barnes, 402 Azine Terrace, Sebastian, inquired why staff could not implement procedures. Vice Mayor Corum reiterated her suggestion to implement some type of internal control of Golf Course transactions. Tom Kirk, Hoyman, Dobson & Co., the City's audit fLrm, offered to work with staff to develop procedures. Mayor Firtion directed the City Manager to start working on policies and procedures and the City Manager responded it would be sent to the auditors prior to implementation. Mayor Firtion called recess at 8:15 p.m. and reconvened the meeting at 8:22 p.m. All members were present. 13. INTRODUCTION OF NEW BUSINESS FROM TH~ Which is not otherwise on the agenda - limit often minutes for each speaker Walter Barnes, 402 Azine Terrace, Sebastian, questioned the method used by Council to eliminate the airport manager's position and asked that it be reconsidered. Regular City Council Meeting August 23, 1995 Page Ten Harry Thomas, 654 Balboa Street, Sebastian, discussed the implementation of the City Manager form of government in Sebastian and said, in his opinion, it is not working. Bruce Cooper, 6565Whispering Pines Court, Grant and Director of Community Development, discussed the outcome of an accusation against him by Councilmember Damp and requested a written apology and retraction from her. Bob Freeland, 753 Wentworth Street, Sebastian, discussed proposed Human Resources budget items and an increase in the amount of employees from last year; inquired why the Finance Department is using a computer consultant with no Council approval and recommended a computer person in-house. A1 Vilardi, 445 Georgia Boulevard, Sebastian, discussed Wave Street consulting, assistants for the City Manager and Human Resources Director, controlling spending to decrease millage, and needed road paving. Sal Neglia, 461 Georgia Boulevard, Sebastian, questioned the method used by Council to eliminate the airport manager's position. 14. CITY COUNCIL MATTERS A. Mayor Arthur Firtion None. B. Vice Mayor Carolyn Corem Vice Mayor Corum recommended furore discussion of a sidewalk impact fee; expressed concern for complaints made regarding lack of mowing of city parks and recommended a priority list be established with proximity to schools and parks as top priorities; discussed audit expenses; and stated that evaluations should be done for Charter officers. The City Manager noted that those Charter officer evaluations are done on anniversaries. 10 Regular City Council Meeting August 23, 1995 Page Eleven C. Mrs, Louise Cartwright Mrs. Cartwright said she had received complaints about front swales not being mowed; expressed concerned that she had read about the resolution of the Damp/Cooper matter in the newspaper rather than being informed; and asked the City Manager to report on the Finance Department computer consultant matter. D. Mrs. N0;Ina Damp None. E. Mr. Raymond Hallor~ Mr. Halloran urged local clergy to conduct invocations at City Council meetings. 15. CITY ATTORNEY MATTERS None. 16. CITY MANAGER MATTERS The City Manager said he would review the Finance Department computer consultant matter. 17. Being no further business, Mayor Firtion adjourned the Regular Meeting at 9:00 p.m. Approved at the 24~~/~<~ _/~__,~. ,199~5,~_R,egulaI City Council Meeting. -r- ~~~ ~rthur L. Firtion, Mayor Kathryn MS. O'Halloran, CMC/AAE City Clerk 11