HomeMy WebLinkAbout08281996 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
WORKSHOP
WEDNESDAY, AUGUST 28, 1996 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a workshop, unless provided in the meeting call (in accordance with R-95-33)
1. Mayor Cartwright called the workshop to order at 6:00 p.m.
2. ROLL CALI~
City Council Presenl~;
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Richard Taracka
Staff Present:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
City Council ~hsent:
Mr. Raymond Halloran (excused)
City Council Workshop
August 28, 1996
Page Two
3. WORKSHOP ITEMS
96.125 A.
Review Proposecl Open Burnirlg Ordinance (City Attorne,3, Memo 8/20/96
w/3 Samples Attache0 Previousl7 Distributed)
The City Attorney had distributed a recommended ordinance (see attached) and
briefly explained it.
It was the consensus of City Council to direct that this language (recommendation
5) be drafted into ordinance form and brought back.
4. Being no further business, Mayor Cartwright adjourned the Workshop at 6:13 p.m.
Approved at the ~ Jz/ ,1996, Regular City Council Meeting.
Kathryn 1~I. O'Halloran, CMC/AAE
City Clerk
LoUise R. Cartwright
Mayor
2
DATE:
TO:
FROM:
SUBJECT:
City of Sebastian
'1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 388-8200 [] FAX (407) 589-5570
MEMORANDUM
August 20, 1996
Honorable Members of City Council
Valerie F. Settles, City Attorney
Open Burning Ordinance Workshop
I have prepared some sample amendments for the Open Burning
Ordinance Workshop. These are as follows:
2.
3.
4.
The existing open burning ordinance.
A sample amendment clarifying open burning prohibitions
and eliminating variance procedures.
The existing open burning ordinance with more detailed
criteria on the granting of a variance.
The sample amendment described in 2. with variance
procedures.
Some members of the City Council expressed concern that the
existing ordinance did not give adequate grounds to deny a recent
application for a variance from the 1,000 foot requirement for open
burning of wood and vegetation from land clearing operations.
There is no legal requirement to allow for a variance of the open
burning restrictions. For this reason, I have eliminated the
variance procedures from the sample amendment. If the City Council
wishes to continue to allow variances, it can provide more detail
on what constitutes a "hardship". This is what the language in 3.
and 4. attempts to accomplish.
After meeting with the City Manager and receiving input from
the Indian River County Fire Prevention Bureau Chief, I recommend
number two with some changes that they have suggested. The
recommended ordinance, entitled "Recommended Ordinance", is
enclosed herewith"
RECOMMENDED ORDINANCE
Sec. 42-48 Outdoor Fircs Control of Open Burning.
A. Open Burning Restrictions. No person shall cause, suffer,
allow or permit open burnin~ except as provided herein. No person
shall fail or refuse to take all reasonable and necessary steps and
precautions to prevent open burning u~on any premises owned,
occupied or under control of such person. No person shall fail or
refuse to take all reasonable and necessary steps and precautions
to extinguish or otherwise terminate and abate any open burning
which has originated through any cause whatsoever upon any_premises
owned, occupied or under the control of such .person or upon
premises upon which such person is carrying out any operation or
activity.
B. The following are exceptions and restrictions against
open burning:
~} Rcsidcntial burning and other small firm.
(1) Campfires used solely for recreational purposes,
warming fires for outdoor workers, fires for noncommercial cooking,
and small fires for ceremonial purposes are allowed anywhere within
the City without any permit from any governmental body provided
that the fire does not create excessive smoke, or cause a nuisance
in any manner.
(2) Small household trash and household paper product
fires are prohibited.
(b~) Open burning of vegetation and wood materials
resulting from .(L) ~and clearing fires. Open burning of wood and
vegetation piled up during a land clearing operation may be
permitted burned provided all of the following conditions are
complied with:
(a) The burning shall first be approved by the Division
of Forestry, the fire chief and the City Council. In order to
approve a request to allow open burning under this subsection, the
City Council must find that it is in the public interest;
(b) All of the requirements of Chapter 17-5 of the
Florida Administrative Code must be met;
(c) An air curtain incinerator permitted by the State
and County must be utilized in connection with burning of
materials;
(d) The fire shall be at least 1,500 feet from the
nearest occupied building and at least 150 feet f~om the nearest
public road;
(e) The piles of materials to be burned shall burn out
completely one hour before su~set;
(f) The f~re sh~tt not bc started beferc 9:00 a.m.
Burning shall be conducted only on days of low pollution potential,
and only between the hours of 9:00 a.m. and 4:00 p.m. on such days;
(g) Smoke shall not blow over a road to obstruct
vehicular traffic;
(h) Air traffic shall not be obstructed;
(i) Prior authorization shall be obtained from the
division of forestry, the Chief of the fire department and the City
Building Official;
(j) Only clean fuel not containing garbage, rubber,
plastics
fires; and
or other refuse shall be allowed for the start-up of
(k) Prohibited firc~. The burning of tires, other
rubber materials, roofing materials, plastics and creosoted wood
are prohibited.
(d)C. Cancellation of fires. Any police officer, fired
department officer or code enforcement officer of the city may
order the immediate termination of any outdoor fire within the city
limits if weather conditions change, whereby a fire may constitute
a dannger of wild fire, air pollution, or other nuisance.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, AUGUST 28, 1996
7:00 P.M. OR SOON THEREAFTER
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
/iLL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225MAINSTREET, SEBASTI/IN, FLORID/I
Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the
item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often
minutes per speaker (R-95-33)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION
4. RQLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR D]~LETIONS)
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
96.176 A. Presentation of Plaque - George Metcalf- Code Enforcement Board - 8/90 through 8/96
96.177 B. Presentation of Certificates - Girls District 17 Softball Championship
96.126A
96.126B
PI~BLIC HEARING, FINAL ACTION
Procedures for public hearings: 01-95-33)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
° Staff Presentation
· Public Input - Limit of 10 Minutes Per Speaker
° Staff Summation
· Mayor Closes Hearing
· Council Action
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting,
Podium and State His/Her Name for the Record
When Called go to the
Ordinarle~ No, O-96-14 - Standard Codes of Southern Building god~ (~9ngre~s
International, Inc. and National Fire Protection Association as Revised LCornmunity
Development Transmittal 8/19/96, ReYj$~cl Q-96-14)
ORDINANCE N_Os 0-96-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 26 OF THE CITY OF
SEBASTIAN CODE OF ORDINANCES ENTITLED "BUILDINGS AND BUILDING
REGULATIONS" BY ADOPTING AND AMENDING CERTAIN STANDARD
CODES OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL,
INC. AND OF THE NATIONAL FIRE PROTECTION ASSOCIATION; PROVIDING
FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading and
Revised 7/24/96, Advertised Legal 8/14/96, PH and Final Adoption 8/28/96)
~)rdinance No. O-96-15 - Fire Prevention ariel Protection - Standard Fire Protection and
l.,jfe Safety Codes (Community Developlll~:rll Transmittal 8/19/96, O-96-15)
ORDINd~Ct3 NO. 0-96-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 42 OF THE CITY OF
SEBASTIAN CODE OF ORDINANCES ENTITLED "FIRE PREVENTION AND
PROTECTION" BY SUBSTITUTING LATER EDITIONS OF THE FIRE
PROTECTION CODE OF THE SOUTHERN BUILDING CODE CONGRESS
INTERNATIONAL, INC. AND THE LIFE SAFETY CODE OF THE NATIONAL
FIRE PROTECTION ASSOCIATION FOR THE EDITIONS PREVIOUSLY
ADOPTED BY THE CITY COUNCIL; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE. (1 st Reading 7/24/96, Advertised Legal 8/14/96, PH and
Final Adoption 8/28/96)
2
am
96178/
95. 061
96179
96180
96181
96182
CONSENT AG]~NDA
,4ll items on the consent agenda are considered to be routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council
so requests; in which event, the item will be removed and acted upon separately.
Approval of Minutes - 8/8/96 Special Meeting, 8/8/96 Workshop - Stormwater, 8/12/96
Workshop - Cable Public Forum, 8/14/96 Regular Meeting
Bo
Approve City Clerk Copier Lease Upgrade - Mita DC 5590 - EGP, Inc. - Continue
to "Piggyback" Indian River County School Board Contract and Current Lease Amount
of $363.06 Per Month (City Clerk Transmittal 8/19/96, EGP Letter 8/14/96)
Reject Bid for On-Site Sewage Disposal System for Barber Street Sports Complex South
for Redesign (Public Works Director Transmittal 8/21/96, Bid Summary and Tabulation
Sheet, Bid and Contract Documents on File in City Clerks Office)
Award Bid for Public Works - Two Flair Axe Brush Cutters - Pippin Tractor and
Equipment, Inc. of Ft. Pierce - $9,176 (Public Works Director Transmittal 8/21/96, Bid
Summary and Tabulation Sheet, Bid and Contract Documents on File in City Clerks
Office)
Eo
Appropriate Additional $2,729.50 from Cemetery Trust Fund to Fund Balance of
Contract Amount for Construction of Cemetery Irrigation Shed and Award Bid/Contract
to Capp Custom Homes of Sebastian - $8,729.50 (Public Works Director Transmittal
8/21/96, Bid Summary and Tabulation Sheet, Bid and Contract Documents on File in City
Clerks Office)
Fo
Appropriate Additional $3,609 from General Fund Non-Departmental Reserves to Fund
Balance of Contract Amount for City Council Chambers Roof Replacement and Removal
of Unnecessary Appurtenances - Award Bid/Contract to Bid Lake Roofing, Inc. of
Okeechobee - $13,609 - Contract Time 12 Consecutive Calendar Days (Public Works
Director Transmittal 8/21/96, Bid Summary and Tabulation Sheet, Big Lake Bid, Bid and
Contract Documents on File in City Clerks Office)
96.183
96184
96185
Adopt R¢~olution No. R-96-58 - Vacation of Easement - Lot J 3, Block ! 80, Sebastian
Highlal~ds Unit 8 (City Clerk Transmittal_8~22J96, K-96-58, Application, Survey, Letters
of No Objection)
RESOLUTION NO. R-96-58
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE SOUTH SIX FEET LESS THE WEST TEN FEET THEREOF, OF LOT 13,
PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 180, SEBASTIAN
HIGHLANDS UNIT 8, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 6-13, 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.
Adopt Resoltgiort No. R-96-59 - Vacation of Easement - L0t~ 22 & 23, Block 288,
Sebastian Highlands Unit 10 (City Clerk Transmittal 8/22/96. R-96-59,. Application,
Survey, Letters of No Objection)
RESOLUTION NO. R-96-59
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE NORTHWEST 4.6 FEET OF THE SOUTHEAST 20 FOOT REAR PUBLIC
UTILITY AND DRAINAGE EASEMENT, LESS THE NORTHEAST SIX FEET AND
THE SOUTHWEST SIX FEET THEREOF OF LOTS 22 AND 23, BLOCK 288,
SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 6-37F, 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.
Adopt R,S01ution No. R-96-60 - Vacation of Easement - Lot 12. Block 580, ,Sebastian
Highlands Unit 17 (City Clerk Transmittal 8/22L9_6, R-96-60, Application w/Attachm~ot~,
Survey, Letters of No Objection)
RESOLUTION NO. R-96-60
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE NORTH .6 FEET OF THE SOUTH SIX FOOT SIDE YARD PUBLIC UTILITY
AND DRAINAGE EASEMENT, LESS THE WEST 20 FEET THEREOF, OF LOT 12,
BLOCK 580, SEBASTIAN HIGHLANDS UNIT 17, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 8-46, 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.
96.186
10.
11.
96. 032/
95. 041
12.
96131
96. 025
Adopt Resolution No. R-96-61 - Vacation of Easement - Lots 1, 2, 3 and 4, First
A!;tdition to the City of Sebastian (City Clerk Transmittal 8/22/96, R-96-60, Applicatiotl,
Survey, Letters of No Objection)
RESOLUTION NO. R-96-61
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE WEST FIVE FOOT EASEMENT OF LOT 1, THE EAST FIVE FOOT
EASEMENT OF LOT 2, THE EAST FIVE FOOT EASEMENT OF LOT 3, AND THE
WEST FIVE FOOT EASEMENT OF LOT 4, THE FIRST ADDITION TO THE CITY
OF SEBASTIAN, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
2-70, 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.
PRESENTATIONS - None
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
Bid/Contract Award - Airport Runway 4-22 Reconstruction Project - Martin Paving
Company - Base Bid Plus Alternate A - $401,836.00 (City Manager Transmittal 8/22/96,
Greiner Recommendation, FDOT Letter 8/22/96, Bid Tabulation Sheet, Bid and Contract
Documents on File in City Clerk's Office)
~IEW BU~I~ESS
ho
Establish City Council Travel Expense Policy - Requested by Vice Mayor Barnes (Sec.
2-34 Code of Ordinances, City Manager Memo 8/7/96 w/Attached Employee Travel
Expense Policy)
Bo
Approve Change Order No. 1 - C.R. McLellan - Lake/Wimbrow Outfall Emergency
Repair (City Manager Memo 8/22/96, Hill Letter 8/21/96, Change Order Unit Price
Analysis, Change Order No. 1 and Acknowledgment, Maps)
96.187
96.188/
94.143
96.189
Adopt Resolution No. R-96-62 - Establishing List of Trades Which Are Tested and/or
Licensed in the City of Sebastian (Community Development Transmittal 8/21/96,
R-96-62)
RESOLUTION NO. R-96-62
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING THAT
THE CONSTRUCTION LICENSING BOARD SHALL ESTABLISH A LIST OF
TRADES TESTED AND/OR LICENSED AND APPROVED; ESTABLISHING THE
MANNER IN WHICH SUCH LIST SHALL BE CREATED; APPROVING A LIST OF
TRADES TESTED AND/OR LICENSED; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
Adopt Resolution No. R-96-63 - Conceptual Design for Walkway - East Side of Indian
River Drive - Authorize Staff l;o~oblnit tO FDOT (Community Development Transmittal
8/21/~}6, R-96-63, Report)
RESOLUTION t,J_O, R-26-6~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, SUPPORTING A CONCEPTUAL DESIGN FOR A WALKWAY
LOCATED EAST OF INDIAN RIVER DRIVE, AUTHORIZING THE CITY
MANAGER TO SUBMIT THE CONCEPTUAL DESIGN TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION, PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVEKABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Adopt Resolution No. R-96-64 - Authorize Mayor to Sign and Submit Hist~t~CO,1 Grant
Application (Community Development_Transmittal 8/21/96, R-96-64, Solin Memo)
RESOLUTION NO. R-96-64
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, SUPPORTING AN APPLICATION FOR A HISTORICAL RESOURCES
GRANT-IN-AID, AUTHORIZING THE MAYOR TO SIGN A CIVIL RIGHTS
ASSURANCE OF COMPLIANCE, AUTHORIZING THE CITY MANAGER TO SIGN
AND SUBMIT THE GRANT-IN-AID APPLICATION, AND PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
96.110
96002
96190/
95. 029
First Reading Ordinatl~ bio^ 0-9{~-22 - Establishing Special Revenue Fund for
H0mmunity Development Block Grant (CDBG) - Set Public Heating for 9_/25/96 (finance
Director Tr0,lll3111ittal 8/22/96, 0-96-22)
ORDINANCE NO. 0-96-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, CREATING AND ESTABLISHING A
SPECIAL REVENUE FUND FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT CDBG AND ADOPTING A CDBG BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996;
DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE
ACTIVITIES OF THE PROGRAM AND ESTIMATING RECEIPTS FOR THE
FISCAL YEAR; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
First Reading Ordinan~ NO, 0-96-23 - Establishing a Debt Service Fund for RiveffLord:.
Waterline Assessment - SetPubli~ Heating for 9/25/96 (Finance Director Transmittal
8/22/96, 0-96-23)
ORDINAlX~HF.,_ NQ. O-96-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF SEBASTIAN,
INDIAN roVER COUNTY, FLORIDA ESTABLISHING AN AGENCY FUND FOR
THE RIVERFRONT WATERLINE ASSESSMENT PROGRAM; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
First Re~qting Ordinance No. O-96-24 - Parkingjrl Residential Districts - Set Public
Hearing for 9J25/96 (Community Development Transmittitl 8[21/96, 0-96-24)
ORDINANCE NO. O-96-2~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, AMENDING THE CODE OF ORDINANCES, RESTRICTING PARKING
IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING
DEFINITIONS, SETTING PENALTIES FOR VIOLATIONS, PROVIDING FOR
METHODS FOR ENFORCEMENT, PROVIDING FOR SEVERABILITY,
PROVIDING FOR COD~ICATION, PROVIDING FOR CONFLICTS, AND
PROVIDING FOR AN EFFECTIVE DATE.
7
96.191
96.192/
95.145
96141
13.
First Reading Ordinance No. 0-96-25 Mini Storage Facilities in PUD-C (Planned Unit
Deyelopment - Commercial) and IN (Industrial) - Set Two Public Hearings for 9/11/96
and 9/25/96 (Community Developmem Tronsmittol 8119196,.D-~6-25)
ORDINANCE NO. 0-96-25
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING
PERMITTED LAND USE IN COMMERCIAL PLANNED UNIT DEVELOPMENT,
PERMITTED LAND USE IN THE INDUSTRIAL DISTRICT, PROVIDING FOR A
DEFINITION OF MINI-STORAGE; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
First Reading Ordinance No. 0-96-26 - Fences arid Barb~_c] ¥~r~ - Set Publi~: Hearing tot
9/25/96 (Community Development Transmittal 8/19/96, 0-96-26)
ORDINANCE NO. 0-96-26
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING
HEIGHT OF FENCES AND WALLS, TEMPORARY CONSTRUCTION FENCES,
TYPES OF FENCES, PROHIBITED FENCES AND WALLS, AND BARBED WIRE
FENCES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
First Rea~ljng Orclinance No. 0-96-27 - Tree Advisory Board Alternate M~m~x~ - $~1
Public Hearing for 9/25/96 (Community Dcy?lopment Transmittal 8/19/96, 0-96-26)
ORDINANCE NO. 0-96-27
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE PROVIDING FOR
ALTERNATES ON THE TREE ADVISORY BOARD; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
INTRODUCTION OF NEW BI~$][NF~; FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
14.
1~.
16.
17.
CITY COUNCIL MATTERS
A. Mrs. Norma Daml~
B. Mr, Raym~lltl Halloran
C. Mr. Richard Taracka
D. Mayor Louis~ Cartwfigh. t
E. Vice Mayor Walt. er 13~rnes
CITY ATTORNEY MATERS
CITY MA~qAGER MATTERS
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH ~SPECT 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. O105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48
HOURS IN ADVANCE OF THIS MEETING.
Upcoming City Council Meetings: Workshop - PubBc Forum - Cable
Special Meeting - Quasi-Judicial Hearings
Special Meeting - 1st Budget Hearing
Regular Meeting
Special Meeting - 2nd Budget Hearing
Regular Meeting
- Thursday, August 29, 1996 ~ 7:00p. m.
- Thursday, September 5, 1996 ~ 7:00p. m.
- Friday, September 6, 1996 ~ 7:00p. m.
- Wednesday, September 11, 1996 ~ 7:00p. m.
- Wednesday, September 18, 1998 ~ 7:00p. m.
- Wednesday, September 25, 1996 ~ 7:00p. m.
9
PUBLIC HEARING SIGN-UP SHEET
AUGUST 28, 1996 REGULAR MEETING
ORDINANCE NO. 0-96-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING CHAPTER 26 OF THE CITY OF SEBASTIAN
CODE OF ORDINANCES ENTITLED "BUILDINGS AND BUILDING REGULATIONS" BY
ADOPTING AND AMENDING CERTAIN STANDARD CODES OF THE SOUTHERN
BUILDING CODE CONGRESS INTERNATIONAL, INC. AND OF THE NATIONAL FIRE
PROTECTION ASSOCIATION; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE. (1 st Reading and Revised 7/24/96, Advertised Legal 8/14/96, PH and Final Adoption
8/28/96)
Name
Address
For Against Information
Name
Address
For
Against Information
Name
Address
For
Against Information
PUBLIC HEARING SIGN-UP SHEET
AUGUST 28, 1996 REGULAR MEETING
ORDINANCE_ biO. O-96-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 42 OF THE
CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "FIRE
PREVENTION AND PROTECTION" BY SUBSTITUTING LATER
EDITIONS OF THE FIRE PROTECTION CODE OF THE SOUTHERN
BUILDING CODE CONGRESS INTERNATIONAL, INC. AND THE LIFE
SAFETY CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION
FOR THE EDITIONS PREVIOUSLY ADOPTED BY THE CITY COUNCIL;
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1 st
Reading 7/24/96, Advertised Legal 8/14/96, PH and Final Adoption 8/28/96)
,(;i, / /.. '..: .',:.. ,,,.: l
'._ ~I ~ ;'. ,,~'~.L
Address
Information
For Against
Name
Address
For Against Information
Name
Address
For
Against Information
PUBLIC INPUT ON AGENDA ITEMS
SIGN-UP SHEET
AUGUST 28, 199~:~_. ~EETING
USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT
FOR PUBLIC HEARINGS WHICH HA VE THEIR OWN SHEETS-TIME LIMIT OF 10
MINUTES PER SPEAKER
Agenda Item No. and Title:q 6, ,/8 "It'-
Address: ~ ~ /,~
Agenda Item No. ~d Title:
Name: ~~C t,O
Address: 0 ~ '"2.~ ,~x
Agenda Item No. and Title:
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
AUGUST 28, 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
NltiIle:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
--~w~--~t~ ......................... ~----~ ............................... ~ .......................
City of Sebastian
1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 28, 1996
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 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 led by Vice Mayor Barnes and recited.
Pastor Aaron Robertson, Sebastian Church of God gave the invocation.
4. ROLL CALL
City Council Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Kichard Taracka
StaffPres_ent:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
City Planner, Robert Massarelli
Deputy City Clerk, Sally Maio
City Council Absent:
Mr. Raymond Halloran (excused)
Regular City Council Meeting
August 28, 1996
Page Two
96.176
96.177
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous consent of the Council
members present (R-95-33)
Mayor Cartwright said she had spoken with the City Planner and had been informed the parking
ordinance needed more work and consolidation within the code.
MOTION by Cartwright/Damp
I'll move we pull item 12 H off' the agenda.
The City Planner said the revision could be back in about four weeks.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 4-0
PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. l?resentation of Plaque - George Metcalf r Code Enforcement Board - 8/90 through 8/96
Mayor Cartwright presented the plaque to George Metcalf.
B. l~resentation of Certificates - Girls District 17 Softball Championship
Mayor Cartwright presented certificates to the Girls District Softball champions.
Tiffany Beam
Tara Bess
Holly Davis
Courtney Diamond
Kerri Heaney
Samantha Holler
DeDe Justice
Michele Mitchell
Jackie Parker
Jennifer Pike
Kristy Tankersley
Manager: Rodney Davis
Coach: Jerry Diamond
2
Regular City Council Meeting
August 28, 1996
Page Three
96.126A
PUBLIC BEARINGs FINAL ACTION
Procedures for public hearings: (R-95-33)
· Mayor Opens Hearing
° Attorney Reads Ordinance or Resolution
° Staff Presentation
° Public Input - Limit of 10 Minutes Per Speaker
· Staff Summation
° Mayor Closes Hearing
· Council Action
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting,
Podium and State His/Her Name for the Record
When Called go to the
Ordinance_No. 0-9644 - Standard Codes of Southern Building Code Congrel3s
Inlemational, Iuc. and National Fire Protection Associa~i0n as Revise~l (Communit~v__
Development Transmittal 8/19/96~ Revised O-96-14)
ORDINANCE NO, O-96-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 26 OF THE CITY OF
SEBASTIAN CODE OF ORDINANCES ENTITLED "BUiLDINGS AND BUILDING
REGULATIONS" BY ADOPTING AND AMENDING CERTAIN STANDARD
CODES OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL,
INC. AND OF THE NATIONAL FIRE PROTECTION ASSOCIATION; PROVIDING
FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading and
Revised 7/24/96, Advertised Legal 8/14/96, PH and Final Adoption 8/28/96)
Mayor Cartwright opened the public hearing at 7:10 p.m. and the City Attorney read
Ordinance No. O-96-14 by title.
The City Planner gave a brief explanation of the revision directed at the first reading.
Mayor Cartwright closed the public heating at 7:12 p.m.
Regular City Council Meeting
August 28, 1996
Page Four
96.126B B.
City Council discussion followed.
MOTION by Barnes/Taracka
I'll make a motion to approve Ordinance O-96-14.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 4-0
Ordinance lqo. 0-96-15 - Fire Prevention and Protection - Standard Fire,Protection and
Life Safety Codes (Community Development Transmittal 8/19/96, Q-96-15)
ORDINANCE NO. 0-96-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 42 OF THE CITY OF
SEBASTIAN CODE OF ORDINANCES ENTITLED "FIRE PREVENTION AND
PROTECTION" BY SUBSTITUTING LATER EDITIONS OF THE FIRE
PROTECTION CODE OF THE SOUTHERN BUILDING CODE CONGRESS
INTERNATIONAL, INC. AND THE LIFE SAFETY CODE OF THE NATIONAL
FIRE PROTECTION ASSOCIATION FOR THE EDITIONS PREVIOUSLY
ADOPTED BY THE CITY COUNCIL; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE. (1 st Reading 7/24/96, Advertised Legal 8/14/96, PH and
Final Adoption 8/28/96)
Mayor Cartwright opened the public hearing at 7:21 p.m. and the City Attorney read
Ordinance No. O-96-15 by title.
The City Planner gave a brief explanation.
Martha Winninger, 106 Thunderbird Drive, Sebastian, discussed high vegetation in rights-
of-way which hides fire hydrants. She read from a letter from the Public Works Director.
4
Regular City Council Meeting
August 28, 1996
Page Five
The City Manager said it was his opinion that it is probably the responsibility of the
County to clean around fire hydrants.
Mrs. Winninger recommended that City Council set a policy regarding responsibility.
Mayor Cartwright closed the public hearing at 7:28 p.m.
Mayor Cartwright recommended the provision regarding approval%vithin 90 days be
added to this ordinance as well.
MOTION by Cartwright/Barnes
I move we adopt Ordinance No. O-96-15 as amended.
ROLL CALL:
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs, Damp - aye
MOTION CARRIED 4-0
96.178/
95. 061
CONSENT~GENDA
All items on the consent agenda are considered to be routine attd 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 - 8/8/96 Special Meeting, 8/8/96 Workshop - Stormwater, 8/12/96
Workshop - Cable Public Forum, 8/14/96 Regular Meeting
Approve City Clerk Copier Lease Upgrade - Mita DC 5590 - EGP, Inc. - Continue
to "Piggyback" Indian River County School Board Contract and Current Lease Amount
of $363.06 Per Month (City Clerk Transmittal 8/19/96, EGP Letter 8/14/96)
5
Regular City Council Meeting
August 28, 1996
Page Six
96.179 C.
96.180 D.
96.181 E.
96.182 F.
96.183 G.
Reject Bid for On-Site Sewage Disposal System for Barber Street Sports Complex
South for Redesign (Public Works Director Transmittal 8/21/96, Bid Summary
and Tabulation Sheet, Bid and Contract Documents on File in City Clerks Office)
Award Bid for Public Works - Two Flair Axe Brush Cutters - Pippin Tractor and
Equipment, Inc. of Ft. Pierce- $9,176 (Public Works Director Transmittal
8/21/96, Bid Summary and Tabulation Sheet, Bid and Contract Documents on File
in City Clerks Office)
Appropriate Additional $2,729.50 from Cemetery Trust Fund to Fund Balance of
Contract Amount for Construction of Cemetery Irrigation Shed and Award
Bid/Contract to Capp Custom Homes of Sebastian - $8,729.50 (Public Works
Director Transmittal 8/21/96, Bid Summary and Tabulation Sheet, Bid and
Contract Documents on File in City Clerks Office)
Appropriate Additional $3,609 from General Fund Non-Departmental Reserves to
Fund Balance of Contract Amount for City Council Chambers Roof Replacement and
Removal of Unnecessary Appurtenances - Award Bid/Contract to Bid Lake Roofing, Inc.
of Okeechobee - $13,609 - Contract Time 12 Consecutive Calendar Days (Public Works
Director Transmittal 8/21/96, Bid Summary and Tabulation Sheet, Big Lake Bid, Bid and
Contract Documents on File in City Clerks Office)
Adopt P~solution No. R-96-58 - Vacatiorl 9f Easement ~ Lot. 13, Block 180, Sebastian
Higlllands Unit 8 (City Clerk Transmilgi~l 8/22/96, R-96-58, Application, Suryey, Letters
of No Objection)
RESOLUTION NO. R-96-51~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE SOUTH SIX FEET LESS THE WEST TEN FEET THEREOF, OF LOT 13,
PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 180, SEBASTIAN
HIGHLANDS UNIT 8, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 6-13, 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.
6
Regular City Council Meeting
August 28, 1996
Page Seven
96.184 H.
Adopt Resolution No. R,~96-59 - Vacation of Easement ~ Lgtl~ 22 & 23, Block 288,
Sebastian Highlands Unit 10 (.City Clerk Transmittal 8/22/96, R-[96_-.,59, Application,
Survey, Letter~ of No Objection)
RESOLUTION NO. R-96-59
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE NORTHWEST 4.6 FEET OF THE SOUTHEAST 20 FOOT REAR PUBLIC
UTILITY AND DRAINAGE EASEMENT, LESS THE NORTHEAST SIX FEET AND
THE SOUTHWEST SIX FEET THEREOF OF LOTS 22 AND 23, BLOCK 288,
SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 6-37F, 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.
96.185 I.
Adopt Resolution No. R-96-61~ - yacation of Easement -Lot 12, Block 580, Sebastian
Highlands Unit 17 (City Clerk Transmittal 8/22/96, R-96-60, Application w/Attachment%
~;urve¥, Letters of No Objex;Ilion)
RESOLUTION NO. R-96-60
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE NORTH .6 FEET OF THE SOUTH SIX FOOT SIDE YARD PUBLIC UTILITY
AND DRAINAGE EASEMENT, LESS THE WEST 20 FEET THEREOF, OF LOT 12,
BLOCK 580, SEBASTIAN HIGHLANDS UNIT 17, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 8-46, 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.
7
Regular City Council Meeting
August 28, 1996
Page Eight
96.186 J.
Adgl~[ Resolution No. R-96-61 - Vacatj9.11 0fEasement - Lots 1, 2, 3 and 4, First
Addition to the City of Sebastian (Cio Clerk Trarl~mithal 8/22/96, R-96-60, Application.
Survey, Letters of No O~ection)
RESOLUTION NO. R-96-61
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATiNG, ABOLISHING, ABANDONiNG AND DISCONTINUING
THE WEST FIVE FOOT EASEMENT OF LOT 1, THE EAST FIVE FOOT
EASEMENT OF LOT 2, THE EAST FIVE FOOT EASEMENT OF LOT 3, AND THE
WEST FIVE FOOT EASEMENT OF LOT 4, THE FIRST ADDITION TO THE CITY
OF SEBASTIAN, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
2-70, 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.
The City Manager read the consent agenda and the City Attorney read Resolution Nos.
96-58, R-96-59, R-96-60 and R-96-61.
Vice Mayor Barnes removed items G, H and I and Mrs. Damp removed item H.
MOTION by Barnes/Taracka
I move to approve items A, B, C, D, E, F and J of the consent agenda.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwfight - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - absent
MOTION CARRIED 4-0
8
Regular City Council Meeting
August 28, 1996
Page Nine
Items G, H and I - Vacatior~
Vice Mayor Barnes noted that construction took place in easements in all cases and that
two of the applications appeared to be shoddy work by the contractor.
TAPE I - SIDE II (7:36 p.m.)
He said he would like to have a complaint filed with the Department of Building
Regulation.
MOTION by Barnes/Cartwright
I'll make a motion to approve items G and I.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - aye
MOTION CARRIED 5-0
Item H - Vacation
Mrs. Damp said the pool in the easement is a blatant error. The City Planner said the
original survey did not show the twenty foot drainage easement and that he had been
informed that there was a misunderstanding about which easement had been abandoned
when the pool contractor was informed the side easement had been abandoned.
MOTION by Damp/Cartwright
I move to deny R-96-59.
ROLL CALL:
Mr. Barnes - nay
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - nay
Mrs.' Cartwright - nay
MOTION FAILED 1-3 (Barnes, Taracka, Cartwright - nay)
9
Regular City Council Meeting
August 28, 1996
Page Ten
MOTION by Barnes/Taracka
I'll make a motion to approve Resolution No. R-96-59 with the hold harmless
agreement as contained in Mr. Hill's letter of August 21, 1996.
ROLL CALL:
Mrs. Damp - nay
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwdght - aye
Mr. Barnes - aye
MOTION CARRIED 3-1 (Damp - nay)
9. p~SENTATIONS - None
10. COMMITTEE REPORTS/RI~OMMENDATIONS
None.
11. OLD BUSINESS
96. 032/
95. 041
Bid/Contract Award - Airport Runway 4-22 R~qonstruction Project - Martin Paving
Company - Base Bid Plus Alte~al~ A - $401,836.00 (City Manager Trans~Bi~tal 8/22/96,
Greiner Recommendatiol:kFDOT Letter 8/22/96, Bid Tabulatio~ ~h~et, Bid and Contract
Documents on File in City Clerk's Office)
The City Manager said FDOT had recommended approval.
MOTION by Barnes/Taracka
I'll make a motion to award the contract for the runway 4-22 reconstruction
project to Martin Paving Company for the base bid plus alternate A in the amount of
$401,836.00
ROLL CALL:
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 4-0
10
Regular City Council Meeting
August 28, 1996
Page Eleven
12.
NEW BUSliSESS
96131 A.
96 025 B.
Establish CiLv Council Travel Expense Policy - Requested by Vice Mayor Barnes
;~-~!4 Code of Ordinances, City Manager Memo 8/7/96 w/Attache0_13raployee Travel
13.xpense Policy)
Vice Mayor Barnes said he would like to see a travel expense policy for City Council
similar to that established for employees.
Mayor Cartwright suggested the code be amended to comply with travel policy
established in the memo.
The City Manager suggested establishing the policy by resolution for easier modification.
He said he will bring back an ordinance amending 2-34 of the code noting that the policy
will be established by resolution and a new resolution.
It was the consensus of City Council to direct as recommended.
Approve Change Order No. 1 - C LR. McLellan - Lake/Wimbro~ Oljtfall Emergency
Repair (Ci~lVlgrlager Memo 8/22/96. Hill Letter 8/21/96, Change Orcler Unit Price
Araa[y~i~, Change Order No~ 1 and Acknowledgment, Mops)
John Hill, Craven Thompson & Associates, Inc., distributed additional information and
presented the requested change order.
MOTION by Bames/Taracka
I'll make a motion to approve change order no. 1, CR McLellan, Lake/Wimbrow
outfall emergency repair with change order unit price analysis, change order no. 1 and
acknowledgment, maps attached for $54,639.00 from undistributed non-departmental
funds. (Include staff recommendation)
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - absent
MOTION CARRIED 4-0
11
Regular City Council Meeting
August 28, 1996
Page Twelve
96.187 C.
Adopt Resolution No. R-96-62 - Estal~li$hjrlg List of Trades Which Are Tested and/or
Licensed in fl~e City of Sebastian (Community Development Transmittal 8/2M96,
R-96-62)
RESOLUTION NO. Px-96-62
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING THAT
THE CONSTRUCTION LICENSING BOARD SHALL ESTABLISH A LIST OF
TRADES TESTED AND/OR LICENSED AND APPROVED; ESTABLISHING THE
MANNER IN WHICH SUCH LIST SHALL BE CREATED; APPROVING A LIST OF
TRADES TESTED AND/OR LICENSED; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-62 by title and the City Planner gave a brief
explanation.
Mayor Cartwright suggested on page two changing the word "allowed" to "required"
relative to who takes the test through the City. The City Attorney suggested "allowed
and/or required".
MOTION by Damp/Cartwright
I move to adopt Resolution R-96-62 as amended.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - aye
MOTION CARRIED 4-0
12
Regular City Council Meeting
August 28, 1996
Page Thirteen
96.188/ D.
94.143
Adopt Resolution No. R-96-63 - Con~.egtual D~ign for Walkway - ~ast Side of In~liata
River Drive - Authorize Staffto Submit to FDOT [Comma~ityDevelo~me~t Transmittal
8/21/96, R-_,96-6~...Report)
RI3SOLUTION NO. R-96-63
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY,
FLORIDA, SUPPORTING A CONCEPTUAL DESIGN FOR A WALKWAY
LOCATED EAST OF INDIAN RIVER DRIVE, AUTHORIZING TIlE CITY
MANAGER TO SUBMiT THE CONCEPTUAL DESIGN TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION, PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Attorney read Resolution No. R-96-63 by title.
The City Planner reviewed the conceptual design for the indian River Drive Walkway as
attached to the resolution. He recommended the sidewalk at the south end of the
Floodtide Marina due to truck activity in the area, however, he noted that the Riverfront
Committee and Citizens Advisory Task Force recommend continuing it to the north city
limit.
Ruth Sullivan, 1215 Indian River Drive, president, indian River Drive Property Owners
Association, read a letter which she had distributed to City Council into the record
recommending a standard six foot bikepath along the road edge of the east side of Indian
River Drive.
TAPE ii - SIDE I (8:24 p.m.)
Mrs. Sullivan continued protesting the piecemeal waterfront plan being presented by the
Riverfront Committee.
Steven Wild, 607 Davis Street, Sebastian, member of Riverfront Committee, spoke on
behalf of those he believes want to see the meandering sidewalks which will be installed on
city right-of-way.
Carolyn Corum, 881 Dolores Street, Sebastian, member of Riverfront Committee,
recommended the sidewalk be extended to the north city limit.
13
Regular City Council Meeting
August 28, 1996
Page Fourteen
Tut Connolly, 154 Kildare Drive, Sebastian, suggested FDOT be contacted as to the
difference between a bikepath and a sidewalk.
Mayor Cartwright concurred with extending the sidewalk to the north city limit noting a
group of Roseland residents are trying to continue the sidewalk into the county.
The City Planner suggested an alternative to construct a crosswalk over to the west side
of Indian River Drive in that area, but noted 'possible liability problems.
Mrs. Damp concurred with the extension to the north city limit on the east side.
Vice Mayor Barnes and Mr. Taracka expressed concern for the extension unless problems
are resolved.
The City Planner said the Floods are adamant that they do not want the sidewalk on the
east side, have discussed the issue with an attorney and believe they will prevail. He said
he does not see an alternative truck parking area on the marina site.
The City Attorney said the property owners have no property fights to right-of-way,
however, if additional parking requirements are imposed the City could run into some
problems. She suggested the possibility of an agreement with the property owner for
alternate parking.
The City Manager suggested installing the sidewalk up to the south side of the Floodtide
Marina and then from the north side of Archie Carr north to the city limit at this time
while staff works out the matter with the property owner.
14
Regular City Council Meeting
August 28, 1996
Page Fifteen
MOTION by Barnes/Damp
I move to adopt Resolution No. R-96-63 conceptual design for the walkway with
the provision that the sidewalk go from to the north city limits between the paved area in
fi-ont of Archie Can' fishhouse and the Floodtide and that the staff negotiate with the
owners to continue the sidewalk past their property.
The City Manager suggested the motion be reworded as follows "the resolution have the
sidewalk running fi.om as proposed by the staff, from the south city limits line northerly to
the southerly portion of the Floodtide property and then it pick up again on the north side
of the Archie Smith property and go to the city limits line and that the staffbe directed to
negotiate the portion in between where there will be no new proposed construction at this
time to work out a solution". Vice Mayor Barnes and Mrs. Damp concurred.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 4-0
Mayor Cartwright called recess at 9:10 p.m. and reconvened the meeting at 9:25 p.m. All
members were present.
96.189
Adol21; Resolution No. R-96-64 - AutllorJi~e Mayor to Sign and Submit Histoyi~al Grant
Agl2!ication (Community Developmellt Transmittal 8/21/96, R-96-64, Solin Memo)
RESOLUTION NO. R-96-64~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORID& SUPPORTING AN APPLICATION FOR A HISTORICAL RESOURCES
GRANT-IN-AID, AUTHORIZING THE MAYOR TO SIGN A CIVIL RIGHTS
ASSURANCE OF COMPLIANCE, AUTHORIZING THE CITY MANAGER TO SIGN
AND SUBMIT THE GRANT-IN-AID APPLICATION, AND PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
15
Regular City Council Meeting
August 28, 1996
Page Sixteen
The City Attorney read Resolution No. R-96-64 by title.
The City Planner briefly explained the historic grant, an optional element of the
comprehensive land use plan.
TAPE II - SIDE II (9:26 p.m.)
Larry Driver, 462 B DelMonte Road, Sebastian, inquired whether this item had to do with
refurbishing a building on Main Street. Mayor Cartwright said it did not.
Vice Mayor Barnes asked that Council be informed sooner by staff regarding grant
applications.
MOTION by Taracka/Barnes
I move to approve Resolution No. R-96-63.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 4-0
96.110
Fo
First Reading Ordinance2,1o,.O-96-22 - Establishing Special Revenue F.utlcl for
Community Development Bloc:k Orant (CDBG) - Set Public Hearing for 9/25/96 (Finance
Director Transmittal 8/22/96, 0-96-22)
ORDINANCE NO. 0-96-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, CREATING AND ESTABLISHING A
SPECIAL REVENUE FUND FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT AND ADOPTING A CDBG BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996;
DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE
ACTIVITIES OF THE CDBG PROGRAM AND ESTIMATING RECEIPTS FOR THE
FISCAL YEAR; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
16
Regular City Council Meeting
August 28, 1996
Page Seventeen
96. 002 G.
The City Attorney read Ordinance No. 0-96-22 by title and the City Manager briefly
explained its purpose. The Finance Director distributed revised backup reflecting that this
is a first reading to schedule a public hearing on September 25, 1996 and including an
effective date in the ordinance.
MOTION by Barnes/Taracka
rll move to approve the first reading of Ordinance 0-96-22 and set the second
reading and public hearing for September 25, 1996.
ROLL CALL:
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 4-0
First Reading Ordirla,0ce No. O-96-23 - Establishing l_Debt Service Fund for Riverfront
Walerline Assessment - Set Public Hearing for 9/25/96 (Finance Director Trargqmittal
~22/96. 0-96-23)
ORDINANCE IxJ..O, 0-96-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA ESTABLISHING AN AGENCY FUND FOR
THE RIVERFRONT WATERLINE ASSESSMENT PROGRAM; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-96-23 by title.
The Finance Director briefly explained its purpose and had distributed revised backup
reflecting that this is a first reading to schedule a public hearing on September 25, 1996
and including an effective date in the ordinance.
MOTION by Barnes/Taracka
I'll move to approve the first reading of Ordinance 0-96-23 and set the second
reading and public hearing for September 25, 1996.
17
Regular City Council Meeting
August 28, 1996
Page Eighteen
ROLL CALL:
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
- aye
- aye
- aye
- absent
MOTION CARRIED 4-0
96.190/
95. 029
l~jrst Reading Ordinance No. O-96-24 - ParkiBg jla Residential Districts - Set Public
Hearing for 9/25/96 (Community Development Transmittal 8/21/96, 0-96-24)
ORDINANCI3 NO. 0-96-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, AMENDING THE CODE OF ORDINANCES, RESTRICTING PARKING
IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING
DEFINITIONS, SETTING PENALTIES FOR VIOLATIONS, PROVIDING FOR
METHODS FOR ENFORCEMENT, PROVIDING FOR SEVERABILITY,
PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND
PROVIDING FOR AN EFFECTIVE DATE.
This item was withdrawn under agenda modifications.
96.191
First Reading Ordinance No. 0-96-25 Mini Storage Facilities in PUD-C (Planned Unit
Develogment - Commercial) and IN (Itl.~u~.trial) - Set Two Public Hearings for 9/1.1/9{i
and 9/25/96 (Community Development Transmittal 8119/96, 0-96-25)
ORDINANCE NO_ 0-9(3-25
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING
CONDITIONAL LAND USE IN COMMERCIAL PLANNED UNIT DEVELOPMENT,
PERMITTED LAND USE IN THE INDUSTRIAL DISTRICT, PROVIDING FOR A
DEFINITION OF MINI-STORAGE; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
18
Regular City Council Meeting
August 28, 1996
Page Nineteen
The City Attorney read Ordinance No. O-96-25 by title.
The City Planner briefly explained the ordinance and recommended amendment to the title
to change the word "permitted" to "conditional" in the third line.
John Dean, John H. Dean Architect & Associates, distributed a letter dated today
regarding Indian River County's storage facilities ordinance, which allows different types
of storage in various zoning districts.
The City Attorney and City Manager suggested this ordinance could be addressed at this
time and then the issue of overall mini-storage use could be addressed comprehensively
during review of revision to the Land Development Code. City Council concurred.
MOTION by Barnes/Taracka
I move to approve the first reading of Ordinance No. O-96-25 mini-storage
facilities in PUD-C (Planned Unit Development - Commercial) and IN (Industrial) and to
set the two public hearings for 9/11/96 and 9/25/96 as amended.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - aye
MOTION CARRIED 4-0
96.192/
95.145
First Reading Ordinance No. 0-96-2(3 - Fences and Barbed Wire - Set Public Hearing for
9/25/96 (Community Development Transmittal 8/19/96, O-96-~6)
ORDINANCE lgO, 0-96-26
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORID& AMENDING THE LAND DEVELOPMENT CODE REGARDING
HEIGHT OF FENCES AND WALLS, TEMPORARY CONSTRUCTION FENCES,
TYPES OF FENCES, PROHIBITED FENCES AND WALLS, AND BARBED WiRE
FENCES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Attorney read Ordinance No. O-96-26 by title.
19
Regular City Council Meeting
August 28, 1996
Page Twenty
96.141 K
The City Planner briefly discussed the ordinance.
MOTION by Damp/Taracka
I move we approve the first reading of Ordinance No. 0-96-26 and set the second
reading and public hearing for September 25, 1996.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 4-0
First Rea~ling Ordinance No. 0-96-27 - Tree Advisory Boar~l Alternate Members - Set
Public Hearing for 9J2,5/96 (Community Development Transmittal 8/19_/,96, 0-96-26)
~)K[)INANCE NO. 0-96-27
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING TIlE LAND DEVELOPMENT CODE PROVIDING FOR
ALTERNATES ON THE TREE ADVISORY BOARD; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-96-27 by title. The City Planner reiterated his
recommendation.
Discussion took place on term duration for alternates and it was decided this matter will
be addressed when overall board procedures are revised.
MOTION by Barnes/Cartwright
I'll make a motion to approve the first reading of Ordinance 0-96-27 Tree
Advisory Board alternate members and set the public hearing for 9/25/96.
20
Regular City Council Meeting
August 28, 1996
Page Twenty One
13.
14.
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
- aye
- absent
- aye
- aye
- aye
MOTION CARRIED 4-0
INTRODUCTION O~ ~IEW BUSINESS FROM TH~ PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Larry Driver, DelMonte Road, Sebastian, requested additional time to allow him to read a letter
from Sal Neglia regarding Planning and Zoning public input procedures; and requested that
responsibility for the Barber Street Sports Complex drainage problems be looked into; said the
City Manager had informed him that P & Z procedures would come before Council; and
recommended that the City Attorney attend Planning and Zoning meetings.
CITY COUNCIL MATTE~q~S
A. Mrs. ~Qrma Damp
Mrs. Damp spoke to an article written by Ruth Davies regarding a proposal to pave the
Cavcorp property. The City Planner said there is no intention to pave and reported that
public meetings will be held in the near future.
B. Mr. Raymond Hallorail
Absent.
C. Mr. Richard Tarack~t
None.
21
Regular City Council Meeting
August 28, 1996
Page Twenty Two
D. Mayor Louise Cartwright
Mayor Cartwright announced this weekend's fireworks display; said she had received
many complaints from citizens regarding lack of mowing in tights-of-way; and
commended the City Planner his preparation of ordinances and resolutions on tonight's
agenda.
E. Vice Mayor Walter Ba~es
None.
15.
CITY ATTORNEY MATTERS
None.
16. CITY MAJqAGER MATTERS
The City Manager said he will contact Indian River County to determine responsibility for
cleaning around fire hydrants and work toward establishing a policy; reported on the Strategic
Planning meeting held at the Yacht Club last week; announced there will be an Indian River
County Commission public hearing on scrub lot purchases; said he had given authority to the
Lions Club to have a cotton candy/ice cream vendor in the park for the fireworks; applauded the
public participation idea for Cavcorp property design and said board procedures must be brought
into consistency.
17.
* as amended/-~-~
Approved at the ~
Being no further business, Mayor Cartwright adjourned the Regular Meeting at 10:15 p.m.
City Clerk
// ,1996, Regular City Council Meeting.
Lduise R. Cartwright
Mayor
22