HomeMy WebLinkAbout09131995 City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589~5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 13, 1995
7:00 P.M. OR SOON THEREAFTER
(FOLLOWING 6:30 P.M. BOARD OF ADJUSTMENT)
CITY COUNCIL CHAMBERS
1225 MAiN STREET, SEBASTIAN, FLORIDA
ALL A GEND~4 ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK - 1225 M/tIN STREET, SEBASTIAN, 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
PLEDGE OF ALLEGIANCE
INVOCATION - Reverend R. Harold Lee, First Baptist Church, Sebastian
ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETION$~
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
PROC_LAMST]IQN_$ AND. JOg ANNOUNCEMENTS
7. 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 Staff Inquiry
95.138
Ao
Skydive Sebastian - Special Use Permit - Camping Facilities
(Director of Community Development Transmittal 8/1/95,
Application [Site Plan Previously .Distributed in 8/9/95 Packet],
Mosby Letter 6/21/95, Petty Memo 7/3/95, Van Antwerp
Memo 7/5/95, P & Z Memo 7/7/95, HRS Letter 7/21/95)
8. PUBLIC HEARING, FI~AJ~ ACTION
The normal order of business for public hearings (R-95-33) is as follows:
Mayor Opens Hearing
Attorney Reads Ordinance or Resolution
Staff Presentation
Public Input
Staff Summation
Mayor Closes Hearing
Council Action
Please note: Anyone wishing to speak is asked to go to the podium and
state his/her name and address for the record prior to addressing City
Council
95.029
95.041/
94.096
ORDINANCE NO. 0-95-23 - Amending Parking Ordinance No.
0-95-03 Re: Prohibiting Parking in Handicapped Spaces (0-95-23)
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. (lst Reading 8/23/95,
Advertised Legal Notices 8/30/95)
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 - 8/23/95 Regular Meeting, 8/30/95 Business
Workshop
RESOLUTION NO. R-95-52 - FDOT Joint Participation
Supplemental Agreement - Increase Airport Grant Amount (City
Manager Transmittal 9/5/95, R-95-52, Supplemental
Agreement, FDOT Letter 8/18/95)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R~94-32;
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST A SUPPLEMENTAL JOINT PARTICIPATION
AGREEMENT (GRANT) WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR ENGINEERING FOR
LIGHTING AND OVERLAY OF RUNWAY 4-22; INCREASING THE
GRANT AMOUNT TO $55,440.00; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING
FOR AN EFFECTIVE DATE.
95.102
95.115
95.149
ILESQLUT][QN NO~R-95-53 - Interlocal Agreement - Scrub
Acquisition (Director of Community Development Transmittal
9/5/95, R-95-53, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT
FOR THE SEBASTIAN HIGHLANDS SCRUB PROJECT; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
RI3SOLU!ION NO. R-95-54 - Extend Temporary Use Permit
Deadline (Director of Community Development Transmittal 9/5/95,
R-95-54, R-95-36)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, EXTENDING THE EFFECTIVE DATE OF THE
TEMPORARY USE PERMIT POLICY AS ESTABLISHED IN
RESOLUTION NO. R-95-36; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-95-45 - Vacation of Easement - Lots 12 &
13, Block 157, Unit 5, Sebastian Highlands - Black (City Clerk
Transmittal 9/6/95, R-95-45, Application, Survey, Letters of No
Objechon)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING
AND DISCONTINUING THE WEST FIVE FEET OF LOT 12, AND THE
EAST FIVE FEET OF LOT 13, BLOCK 157, SEBASTIAN HIGHLANDS
UNIT 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
5-102, 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.
95.150
Authorize Mayor and City Clerk to Execute Engagement Letter -
Hoyman, Dobson & Co., P.A. - 1994/95 Fiscal Year Audit -
$40,395.00 (City Manager Transmittal 9/5/95, Engagement Letter)
95.151/
94.007
Bid and Contract Award - U.S. 1 Median Strip Landscaping Project -
Natureland Landscaping of Vero Beach, FL - $55,548.45 (Public
Works Director Transmittal 9/5/95, Bid Tabulation, Bid and
Contract Documents, Public Works Director Memo 8/16/95,
Director of Community Development Memo 8/28/95)
95.152
Approve Contract with Florida Department of Environmental
Protection - Florida Recreation Development Assistant Program
Grant - Upgrade Schumann Tennis Courts (Director of Community
Development Transmittal 9/5/95, DEP Letter 8/14/95, Contract,
Williams Letter 8/31/95)
95.153
Pelican Island Preservation Society - Request Use of Riverview Park
- 93rd Anniversary Celebration of Pelican Island National Wildlife
Refuge - 3/10/96 - 9 am to 4 pm - Electricity Use and Standard
Conditions (Director of Community Development Transmittal
8/22/95, Davies Letter 8/8/95)
95.154
Michelle McGarry - Request Use of Community Center - 1/20/96 - 5
p.m. to 10 p.m. - A/B - Security and Rental Paid - DOB 1/20/73
(City Clerk Transmittal 9/5/95, Application)
95.155
Judygayle Kuhns - Request Use of Community Center - 10/14/95 - 2
p.m. to 6 p.m. - A/B - Security - DOB 6/9/72 (City Clerk Transmittal
9/7/95, Application)
9. PRESENTATIONS - None
10. COMMITTEE REPORTS/RECOMMENDATIONS
11. OLD BUSINESS - None
12. NEW BUSINESS
95.156
95.157
95.115
Consider Vacation of Easement - Lot 5, Block 445, Unit 17,
Sebastian Highlands - Simes (City Clerk Transmittal 9/6/95, Sec. 90-
129 Code of Ordinances, Craven Thompson Letter 7/19/95,
Application, Survey, Letters of No Objection, Proposed R-95-46)
Resolution No. R-95-46
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING
AND DISCONTINUING THE EAST FIVE FEET OF THE WEST
TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF
LOT 5, BLOCK 445, 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.
Bo
Request to Require Action from Owner of 320 Tangelo Street Re:
Condition of Mobile Home (Director of Community Development
Transmittal 8/22/95, Inspection Report, DCD Memo 8/11/95, Sec.
26-34 Code)
Co
ORDINANCE NO. 0-95-21 - Temporary Use Permit (Director of
Community Development Transmittal 9/5/95, 0-95-21, R-95-36)
1st Reading, Set Public Hearings for 9/27/95 and 10/11/95
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE TO PROVIDE FOR TEMPORARY USE PERMITS; PROVIDING
DEFINITIONS; ESTABLISHING CRITERIA FOR ISSUANCE OF
TEMPORARY USE PERMITS; ESTABLISHING APPLICATION
PROCEDURES; PROViDiNG FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
6
95.158
13.
14.
15.
16.
D. ORDINANCE NO. 0-95-24 - Changing Permitted Use in CG
Zoning - Temporary Use Permits (Director of Community
Development Transmittal 9/5/95, 0-95-24, Commercial Amusement
Definitions)
1st Reading, Set Public Hearings for 9/27/95 and 10/11/95
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
3.10.B OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE
OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
FLORIDA, TO PERMIT COMMERCIAL AMUSEMENTS
(TEMPORARY) IN THE GENERAL COMMERCIAL (CC) ZONING
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
INTRODUCTION OF NEW BUSlNE$~ F_RQI~! THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
CITY COUNCIL MATTER~
A. Vice Mayor Carolyn Corum
B. Mrs. Louise Cartwright
C. Mrs. Norma Damp
D. Mr. Raymond Halloran
E. Mayor Arthur Firtion
CITY ATT_O~NI~Y MATTERS
CITY MANAGER M_ATTER$
7
17. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH
RESPECT TO ANY MA TTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A
RECORD OF THE PROCEEDINGS AND MA Y 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 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
QUASI-JUDICIAL HEARING SIGN-UP SHEET
SEPTEMBER 13, 1995
95.138
A. Skydive Sebastian - Special Use Permit - Camping Facilities
Name
Address
For Against Information
Name
Address
For
Against Information
Name
Address
For Against Information
Name
Address
For Against Information
PUBLIC HEARING SIGN-UP SHEET
SEPTEMBER 13, 1995 REGULAR MEETING
95.029
~ANCI~ NO. 0-95-23 - Amending Parking Ordinance No.
0-95-03 Re: Prohibiting Parking in Handicapped Spaces
Name
Address
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.
For Against Information
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For Against Information
'&
PUBLIC INPUT ON AGENDA ITEMS
SIGN-UP SHEET
SEPTEMBER 13, 1995 REGULAR MEETING
USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPAID AGENDA
EXCEPT HEA~NGS WHICH HA VE THEIR OWN SIGNUPS SHEETS- TIME LIMIT OF
10 MINUTES PER SPEAKER
Name: Lk~ ~k~,~'T) ~ ~ r,,~gF'-[-/
Address: -) ~TL, ("~ 1"~'~ .b-
~_~.e. _~ .a. 5e._m_ ?_:.r5 _~_~ ;.:_ ~_ _2:_ _Z~ ./. ..... ~: :~_ _~ ~__~!__ ~:T_ ~___ .......
Name:
Address:
Agenda Item No. and Title:
Name:
Address:
Agenda Item No. and Title:
Name~
Address:
Agenda Item No. and Title:
Name:
Address:
Agenda Item No. and Title:
SalTle:
Address:
Agenda Item No. and Title:
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEE~
SEPTEMBER 13, 1995 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT
OTHER WISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES
PER SPEAKER
Nallle:
Address:
Subject:
Name;
Address:
Subject:
Name ~
Address:
Subject:
Address:
Subject:
Address:/
Subject:
Address:
Subject:
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Address:
Subject:
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Address:
Subject:
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Address:
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Same~
Address:
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Same~
Address:
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win\wp-min~bi-form
2
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 12t, 1995
7:00 P.M. OR SOON THEREAFTER
(FOLLOWING 6:30 P.M. BOARD OF ADJUSTMENT)
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK - 1225 MAiN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-95-33)
1. Mayor Firtion called the Regular Meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Reverend R. Harold Lee, First Baptist Church,
Sebastian.
4. ROLL CALL
City Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corem
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
Staff Present;
City Manager, Joel Koford
City Attorney, Tim Williams
City Clerk, Kathryn O'Halloran
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
Regular City Council Meeting
September 13, 1995
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Vice Mayor Corum, on behalf of George Schum, announced the
Firefighters fundraiser car wash on Saturday, September 16, 1995 from 8
a.m. to 2 p.m. at Chessers Gap shopping center.
7. QL!A$I-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39):
o Mayor Opens Hearing-Outlines Rules
· Clerk Administers Oath
· Disclosure of Ex-Parte Communication
· Staff Presentation
· Applicant Presentation - 15 Minutes
· Inquiry of Applicant
· Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or
More
· Inquiry of Proponents
· Opponents' Presentation - Affected Opponents 15 Minutes - Other 3
Minutes or 10 Minutes if Representing 5 or More
· Inquiry of Opponents
· Informational Testimony- 3 Minutes or 10 Minutes if Representing 5 or
More
· Closing of Public Informational Period
· StaffResponse and Summary - 10 Minutes
· Applicant's Rebuttal Presentation - 10 Minutes
· Board and Stafflnquiry
Regular City Council Meeting
September 13, 1995
Page Three
95.138 A.
5lo, dive Sebastiall - Special Use Permit - Camping Facilities
(Director of Commuttity Development Transmittal 8/1/95,
Application [~ite Plan Previously Dis~butefl in 8/9/95 Packet],
Mosby Letter 6/2!195, Petty Memo 7/3/95, Van Antwerp
Memo 7/5/95, P & Z Memo 717195, HRS Leller 7/21/95)
Mayor Firtion opened the quasi-judicial heating at 7:04 p.m. and the City
Clerk administered an oath to all those who intended to offer 'testimony.
There was no disclosure of ex-parte communication.
The Director of Community Development presented the request on behalf
of staff.
Randy Mosby, representing the applicant, went through each condition
imposed by Planning and Zoning Commission, stating the applicant could
comply. He stated that all appropriate permits had been applied for.
Andy Grimwade, Skydive Sebastian, stated that length of stay would be
indicated by windshield stickers.
Discussion followed on Chief Petty's suggestion for a fence or privacy
hedge.
Vice Mayor Corum expressed concern for use of a parking area for
camping. Randy Mosby said Skydive was not providing a campground to
the general public but a location for skydivers to park their RVs to spend a
few days to skydive.
Discussion followed on proposed future additions of showers, new offices
and a snack bar.
Jeff Dudley, staff member at Skydive Sebastian, noted that skydivers bring
money into the community.
Being no further input, Mayor Firtion closed the hearing at 7:32 p.m.
Regular City Council Meeting
September 13, 1995
Page Four
MOTION by Halloran/Cartwright
I move to approve the special use permit for camping at Skydive
Sebastian subject to the seven conditions set by P & Z, the regulations
compliance with the HRS requirements and Chief Petty's suggestions.
It was clarified that compliance with Chief Petty's suggestions were part of
the motion and noted that the vegetative barrier was already in place.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
8. PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings (R-95-33) is as follows:
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· Staff Presentation
· Public Input
· StaffSummation
· Mayor Closes Hearing
· Council Action
Please note: Anyone wishing to speak is asked to go to the podium and
state his/her name and address for the record prior to addressing City
Council.
95.029
ORDINANCE NOL 0-95-23 - Amending Parking Ordinance No.
0-95-03 Re: Prohibiting Parking in Handicapped Spaces (0-95-23)
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.
4
Regular City Council Meeting
September 13, 1995
Page Five
Mayor Firtion opened the public hearing at 7:35 p.m. and the City Attorney
read Ordinance No. 0-95-23 by rifle only. Being no input, Mayor Firtion
closed the public hearing at 7:36 p.m.
MOTION by Comm/Caxtwright
I move Council adopts Ordinance No. 0-95-23.
Mrs. Cartwright reminded staff that when the ordinance (0-95-03)
originally came before Council the majority of Council recommended the
deletion of a word in Section 6. She said the Mayor had requested that that
item be brought back at the same time as the handicapped parking issue.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - 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 - 8/23/95 Regular Meeting, 8/30/95 Business
Workshop
Regular City Council Meeting
September 13, 1995
Page Six
95.041/ B.
94.096
RESOLUTION NOJ R-95-52 - FDOT Joint Participation
Supplemental Agreement - Increase Airport Grant Amount (City
Manager Transmittal 9/5/95, R-95-52, Supplemental
Agreement, FDOT Letter 8/18/95)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-94-32;
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST A SUPPLEMENTAL JOINT PARTICIPATION
AGREEMENT (GRANT) WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR ENGINEERING FOR
LIGHTING AND OVERLAY OF RUNWAY 4-22; INCREASING THE
GRANT AMOUNT TO $55,440.00; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
95.102
RESOLUTION NO. R-95-5) - Interlocal Agreement - Scrub
Acquisition (Director of Community Development Transmittal
9/5/95, R-95-53, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT
FOR THE SEBASTIAN HIGHLANDS SCRUB PROJECT; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
6
Regular City Council Meeting
September 13, 1995
Page Seven
95.115 D.
RESOLUTION NO. R-95-54 - Extend Temporary Use Permit
Deadline (Director of Community Development Transmittal 9/5/95,
R-95-54, R-95-36)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, EXTENDING THE EFFECTIVE DATE OF THE
TEMPORARY USE PERMIT POLICY AS ESTABLISHED IN
RESOLUTION NO. R-95-36; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
95.149
ILI~$OLLITION NO. R-95-45 - Vacation of Easement- Lots 12 &
13, Block 157, Unit 5, Sebastian Highlands - Black (City Clerk
Transmittal 9/6/95, R-95-45, Application, Survey, Letters of No
Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING
AND DISCONTINUING THE WEST FIVE FEET OF LOT 12, AND THE
EAST FIVE FEET OF LOT 13, BLOCK 157, SEBASTIAN HIGHLANDS
UNIT 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
5-102, 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.
95.150
Authorize Mayor and City Clerk to Execute Engagement Letter -
Hoyman, Dobson & Co., P.A. - 1994/95 Fiscal Year Audit -
$40,395.00 (City Manager Transmittal 9/5/95, Engagement Letter)
95.151/
94.007
Bid and Contract Award - U.S. 1 Median Strip Landscaping Project -
Natureland Landscaping of Vero Beach, FL - $55,548.45 (Public
Works Director Transmittal 9/5/95, Bid Tabulation, Bid and
Contract Documents, Public Works Director Memo 8/16/95,
Director of Community Development Memo 8/28/95)
7
Regular City Council Meeting
September 13, 1995
Page Eight
95.152 H.
Approve Contract with Florida Department of Environmental
Protection - Florida Recreation Development Assistant Program
Grant - Upgrade Schumann Tennis Courts (Director of Community
Development Transmittal 9/5/95, DEP Letter 8/14/95, Contract,
Williams Letter 8/31/95)
95.153 i.
Pelican Island Preservation Society - Request Use of Riverview Park
- 93rd Anniversary Celebration of Pelican Island National Wildlife
Refuge - 3/10/96 - 9 am to 4 pm - Electricity Use and Standard
Conditions (Director of Community Development Transmittal
8/22/95, Davies Letter 8/8/95)
95.154 J.
Michelle McGan3r - Request Use of Community Center - 1/20/96 - 5
p.m. to 10 p.m. - A/B - Security and Rental Paid - DOB 1/20/73
(City Clerk Transmittal 9/5/95, Application)
95.155 K.
Judygayle Kuhns - Request Use of Community Center - 10/14/95 - 2
p.m. to 6 p.m. - A/B - Security - DOB 6/9/72 (City Clerk Transmittal
9/7/95, Application)
The City Manager read the consent agenda. The City Attorney read
Resolution Nos. R-95-52, R-95-53, R-95-54 and R-95-45 by title only.
Mrs. Cartwright removed items D, E, F and G. The Director of Community
Development requested removal of item C for clarification and Vice Mayor
Corum requested its removal. Mayor said he also intended to remove G.
MOTION by Cartwright/Halloran
I move to approve items A, item B, item H, I, J, and K of the consent
agenda.
ROLL CALL: Mrs. Damp
Mr. Halloran
Mayor Firfion
Vice Mayor Corem
Mrs. Cartwright
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
Regular City Council Meetng
September 13, 1995
Page Nine
Item C - R-95-53
The Director of Community Development said that Roland DeBlois had
informed him that the County Commission would need an additional 30
days to execute the interlocal agreement beyond the 120 day time limit
imposed by City Council on May 24, 1995.
MOTION by Halloran/Damp
I move to approve Resolution No. R-95-53 and extend the date for
completion to 150 days.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwfight - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Item D - R,-95-54
Mrs. Camvright made two minor corrections to the resolution as follows:
add "permit" after "use" in the first whereas clause, and change "94" to
"95" in Section 1.
MOTION by Cartwright/Halloran
I move to adopt Resolution No. R-95-54 as amended.
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwfi~t - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
Regular City Council Meeting
September 13, 1995
Page Ten
Item E - R-95-45
Mrs. Cartwright made a minor correction to the resolution as follows: add
"five" after "East" in the indented paragraph of Section 1.
MOTION by Cartwright/Halloran
I move to adopt Resolution No. R-95-45 as amended.
ROLL CALL:
Vice Mayor Corem - aye
Mrs. Cartwfight - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Item F - Hoymatt, Dobson
MOTION by Cartwright/Halloran
I'd like to move that we authorize the Mayor and the City Clerk to
execute the proposed engagement letter from Hoyman and Dobson and Co.,
P.A. dated...(tape ended)
TAPE I - SIDE II (7:48 p.m.)
(Motion continued)... 1995 in the amount of $40,395 and authorize staff to
prepare the audit schedules as outlined in their appendix A.
ROLL CALL:
Mrs. Cartwfight - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5-0
10
Regular City Council Meeting
September 13, 1995
Page Eleven
Item G - U.S. 1 MediamSlxig
Mrs. Cartwright inquired how much had been spent on the median strip
thus far, about staff concerns relative to the vendor and the variance
between bid amounts.
Marshall Hale, Landscape Director for Natureland Garden Center,
addressed City Council relative to its dates of operation.
The City Manager advised that if City Council is inclined to award the bid,
it do so contingent upon review of contract documents by the City Attorney
and verification of the vendors' correct business name.
The City Attorney recommended the inclusion of "Scope of Work" and
"Technical Specifications" in Paragraph 2 of the contract.
MOTION by Corum/Halloran
I move Council award Natureland Landscaping in the amount of
$55,548.45 contingent upon the City Attorney reviewing legalities within
one week and in the contract document item 2 after "invitation to bid" add
"scope of work" and include "technical specifications" in paragraph 2A and
add a time completion of 60 consecutive calendar days following the
issuance of the notice to proceed.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
I~RESENTATiONS
None.
11
Regular City Council Meeting
September 13, 1995
Page Twelve
10. COMMITTEE REPORT~/RF~COMMENDATIONS
None.
11. OLp BUSINESS
None.
12. NEW BUSINESS
95.156 A.
Consider Vacation of Easement - Lot 5, Block 445, Unit 17,
Sebastian Highlands - Simes (City Clerk Transmittal 9/6/95, Sec. 90-
129 Code of Ordinances, Craven Thompson Letter 7/19/95,
Application, Survey, Letters of No Objection, Proposed R-95-46)
Resolution No. R-95-46
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING
AND DISCONTINUING THE EAST FIVE FEET OF THE WEST
TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF
LOT 5, BLOCK 445, 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.
The City Attorney read Resolution No. R-95-46 by title only.
12
Regular City Council Meeting
September 13, 1995
Page Thirteen
MOTION by Damp/Cartwright
I move that we deny the application for vacation of easement for Lot
5, Block 445, Unit 17.
Mrs. Cartwright said it was her intent to honor John Hill's recommendation
to leave the easement intact.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Camvright - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
95.157
Request to Require Action from Owner of 320 Tangelo Street Re:
Condition of Mobile Home (Director of Community Develogment
Transmittal 8/22/95, Insl>e~01~ Report, DCD Memo 8/11/95, Sec.
26-34 Code)
The Director of Community Development reiterated his recommendation in
accordance with Section 102.5 of the Standard Building Code.
Mr. Halloran asked for the City Attorney's opinion on Section 66-7 of the
Code of Ordinances and the City Attorney responded that this section was
in effect prior to passage of quasi-judicial procedure requirements,
therefore, outdated. He recommended proceeding with proper notice to the
tree owners of the property in accordance with the Standard Building Code,
and stated that he would review whether the quasi-judicial hearing can be
held on the 61 st day following notice as requested by Council.
MOTION by Halloran/Cartwright
I move to require that the owner be given 60 days to either repair or
destroy the structure.
13
Regular City Council Meeting
September 13, 1995
Page Fourteen
ROLL CALL:
Mayor Firtion
Vice Mayor Corem
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
95.115 C.
ORDINANCE NO. 0-95-21 - Temporary Use Permit (Director of
Community Development Transmittal 9/5/95, 0-95-21, R-95-36)
1st Reading, Set Public Hearings for 9/27/95 and 10/11/95
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE TO PROVIDE FOR TEMPORARY USE PERMITS; PROVIDING
DEFINITIONS; ESTABLISHING CRITERIA FOR ISSUANCE OF
TEMPORARY USE PERMITS; ESTABLISHING APPLICATION
PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read 0-95-21 by title only.
Walter Barnes, 402 Azine Terrace, Sebastian, inquired whether there was
any language proposed to protect the City from certain types of gatherings.
The City Attorney recommended changes as follows:
Defme "Host Site" in Section 1 as "The parcel of land upon which the
the temporary use or special event is conducted.".
Clarify the defmition of"Transient Merchant" on the third line add a period
after "enclosed structure". The next sentence will read "The following will
not be considered to be transient merchants:". Remove the word "existing"
in paragraph number 1, to read "Any merchants within enclosed structures
14
Regular City Council Meeting
September 13, 1995
Page Fifteen
who temporarily display their merchandise outside of the structure on their
premises provided the display does not delete any required parking.". He
deleted paragraph 2 and recommended it read, "Any merchants who have
received site plan approval from the Planning and Zoning Commission who
make no use of the site other than that approved by the Commission.".
Vice Mayor Corum inquired about the deletion of a permit fee. The
Director of Community Development noted that an occupational license
would be required. The City Attorney noted this is required by the
occupational license ordinance.
Mrs. Cartwright suggested the occupational license fee be waived and the
language in paragraph 14 read the same as language in the current
temporary use permit resolution which requires a $100 permit fee.
A consensus poll was taken on waiving the occupational license fee
requirement for temporary use permits:
Vice Mayor Corum
Mrs. Cartwright
Mr. Halloran
Mayor Firtion
Mrs. Damp
- waive
- waive
- keep
- waive
- waive
Section 2, Paragraph 5 was amended to reflect the waiver of the
occupational license fee requirement.
Polls were taken on submission of the application "no later than 30 days"
and establishing a "$100 permit fee" and all Council members concurred.
Section 4, Paragraph 14 will now read "All applications must be made on
the form prescribed by the City Manager and submitted no later than 30
days prior to the scheduled event. The application fee shall be $25 and the
permit fee shall be $100.".
15
Regular City Council Meeting
September 13, 1995
Page Sixteen
Mrs. Damp inquired about Section 3. Following some discussion, the three
paragraphs were changed to add "consecutive" after the number of days and
"per sale/event" after the word "days".
Mrs. Cartwright suggested that "or conditional" be deleted in Section 2,
Paragraph 1. The Director of Community Development explained that
Planning and Zoning would not have to approve the temporary use permit
simply because it was a conditional use in a particular zoning district.
Mrs. Cartwright suggested adding "as applicable" to the first paragraph in
Section 4 after "information". There were no objections.
Mrs. Cartwright suggested that Section 4, Paragraphs 7 and 8 be combined
and changed to "A drawing showing dimensions or existing site plan for the
host site including location and dimensions of all existing driveways,
entrances, exits, and parking spaces.". She suggested adding "A drawing
depicting" to the beginning and "for this temporary use" to the end of
Paragraph 9. There were no objections.
Mrs. Cartwright suggested addition of"maximum peak hour" in Section 4,
Paragraph 11, after the word "of'. City Council agreed.
Mrs. Cartwfight suggested deleting "and" and replacing it with "by" before
"the Director of Community Development" in the paragraph after paragraph
14 in Section 4.
The City Attorney asked for a number of days to allow someone to remove
signs (in Section 4 which should be Section 5). The Director of
Community Development noted that there is a provision for special events
signs in LDC 20A-15.5.F. 1. which allows 14 days although it is limited in
what it allows. The Director of Community suggested that only the three
limes allowed in the LDC not be applicable to this type of permit.
16
Regular City Council Meeting
September 13, 1995
Page Seventeen
95.158
Mrs. Cartwright referred to Section 2, Paragraph 4 noting this will apply to
removal of the signs.
Mrs. Cartwright suggested addition of "pursuant to Section 2, Number 4"
after the fnost sentence in the second full paragraph in Section 4, after the
numbered paragraphs.
MOTION by HallorardCartwright
I move to approve the first reading of Ordinance No. O-95-21 along
with all aforementioned and agreed upon corrections and set the first public
hearing for September 27, 1995 and second public heating for October 11,
1995.
ORDINANCE NO, 0-P5-24 - Changing Permitted Use in CG
Zoning - Temporary Use Permits (Director of Community
Development Transmittal 9/5/95, 0-95-24, Commercial Amusement
Definitions)
1st Reading, Set Public Hearings for 9/27/95 and 10/11/95
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
3.10.B OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE
OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
FLORIDA, TO PERMIT COMMERCIAL AMUSEMENTS
(TEMPORARY) IN THE GENERAL COMMERCIAL (CG) ZONING
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-95-42 by title only.
Don Studley, 1300 Palmetto Court, Vero Beach, business owner in
Roseland, presented his request for a Christmas in SebastiardTammy
Wynette Concert on December 1. Staff advised him that upon adoption on
October 11, 1995 his application for temporary use permit will be
17
Regular City Council Meeting
September 13, 1995
Page Eighteen
considered grand fathered and acted upon at that time.
MOTION by Comm/Cartwright
I move Council approves the first reading of Ordinance No. 0-95-24
and set the fu'st public hearing for September 27, 1995 and the second
public heating for October 11, 1995.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5-0
Mayor Firtion called recess at 9:22 p.m. and reconvened the meeting at 9:33
p.m. All members were present.
TAPE II - SIDE II (9:34 pm.)
13.
INTRODUC$ION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Walter Barnes, 402 Azine Terrace, Sebastian, handed out a Press Journal
article entitled "The Fine Art to Firing Employees" and spoke relative to the
termination of the Airport Manager. He urged Council to disclose its
reasons.
Thomas Wojciekowski, 425 Peterson Street, Sebastian, complimented City
Council on its budget hearing; objected to concerns about the Golf Course;
urged Council to reconsider the Airport Manager position; and commended
the Golf Course maintenance crew.
Fred Stieler, 1033 George Street, Sebastian, commended ISS for their work
at the Golf Course and commended City Council for well thought out
decisions.
18
Regular City Council Meeting
September 13, 1995
Page Nineteen
Sal Neglia, 461 Georgia Boulevard, Sebastian, inquired why the Airport
Manager position was eliminated and when the Barber Street overpass
would be completed.
14. CITY COUNCIL MATTERS
A. Vice Mayor Carolyll Corum
Vice Mayor Corum recommended that due to the fact that Tim Elder will
not be able to advise the Tree Advisory Board that the position be
advertised and filled by a Tree Advisor relative to planting and Technical
Advisor relative to the health of trees. City Council concurred. The City
Manager said he will get with the City Clerk regarding advertise.
Vice Mayor Corum stated that the recent business meeting went well and
said further workshops should be conducted with a slightly different setup;
suggested that Council reconsider budgeting for new police vehicles; and
suggested the Airport Manager position be funded until a plan is in place.
B. Mrs. Louise CarDyfight
Mrs. Cartwright suggested another business workshop on November 29 or
December 6 and asked City Council members to contact the City Clerk with
their preference; suggested that the Charter be reviewed for possible
revisions.
C. Mrs. Norma Dal~p
Mrs. Damp inquired about the completion of the Schumann tennis courts;
and inquired when the parking ordinance would be adopted. The City
Manager responded it was adopted on July 26 but that three additional
items including the establishment of an administrative board will be brought
back for workshop.
19
Regular City Council Meeting
September 13, 1995
Page Twenty
D. Mr. Raymond Hallora. II
Mr. Halloran requested the City Manager to provide Council with a Golf
Course equipment repair estimate for the next twelve months.
E. M~yor Arthur Firtiou
Mayor Firtion read f~om a Capital Sanitation memo wherein he is alleged to
have directed the school board to have buses not use Wave Street. He said
he only requested them to consider not using it as a concerned citizen and
they agreed.
Vice Mayor Corum expressed concern that individual members of Council
go to the City Manager for such matters.
15. CITY &TTORNEY MATTERS
None.
16. CITY MANAGER MATTER~
None.
17. Being no further business, Mayor Firtion adjourned the meeting at 10:10
p.m.
Approved at the ~ ~y~ , 1995,~l~eg~lar~uncil Meeting.
Arthur L. Firtion, Mayor
Kathryn M.] O'Halloran, CMC/AAE
City Clerk
20