HomeMy WebLinkAbout09271995 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 27, 1995
7:00 P.M. OR SOON THEREAFTER
(FOLLOWING 6:30 P.M. BOARD OF ADJUSTMENT)
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
~ILL ~4 GENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 M~4IN STREET, SEB~4STL4N, FLORIDa4
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. CALL TO ORDER
2. PLEDGE OF ALLEGiANCE
INVOCATION
4. ROLL CALL
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)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
95.089
95.115
PUBLIC HEARING, FINAL ACTION
The normal order ofbusiness 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.
ORDINANCE NO. 0-95-25 - Consenting to Imposition of Special
Assessments by indian River County (City Manager Transmittal
9/21/95, 0-95-25)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
CONSENTING TO THE IMPOSITION OF SPECIAL ASSESSMENTS
AND OR THE INCLUSION OF ALL OF iTS INCORPORATED AREAS
WITHIN ONE OR MORE MUNICIPAL SERVICE BENEFIT UNITS
CREATED BY iNDIAN RIVER COUNTY TO PROVIDE WATER OR
WASTEWATER FACILITIES, SERVICES OR PROGRAMS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
ORDINANCt~ NO, 0-95-21 - Temporary Use Permit (Director of
Community Development Transmittal 9/20/95, 0-95-21, R-95-36,
R-95-54)
1st Public Hearing, 2nd Public Hearing Scheduled for 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.
95.158
QILDINANCE NO. O-95-24 - Changing Permitted Use in CG
Zoning - Temporary Use Permits (Director of Community
Development Transmittal 9/21/95, 0-95-24)
1st Public Hearing, 2nd Public Hearing Scheduled for 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.
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 - 9/7/95 Special Meeting, 9/13/95 Board of
Adjustment, 9/13/95 Regular Meeting
95.138
RESOLUTION NOL R-95-52 - Skydive Sebastian Special Use
Permit (Director of Community Development Transmittal 9/20/95,
R-95-57)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT; FINDING
THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY,
HEALTH AND WELFARE AND IS CONSISTENT WITH THE
PURPOSE AND INTENT OF THE AIRPORT AND INDUSTRIAL
FACILITIES DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
95.159
Co
Approve Expenses for Mayor Firtion - Attendance at Advanced
Institute for Elected Officials - Boca Raton - 10/13/95 & 10/14/95
(City Clerk Transmittal 9/21/95, Conference Info)
95.160
Sebastian River Area Chamber of Commerce - Santa Sail-In/Winter
Wonderland - Riverview Park - Use of Park and Electricity 11/22/95
through 1/14/95 - Events from 12/8/95 through 12/24/95 (City
Manager Transmittal 9/18/95, SRACC Letter 8/25/95)
95.161
Pelican Island Art Group - Art Shows - Riverview Park - 11/11/95,
11/12/95, 2/10/96, 2/11/96, 3/16/96, 3/17/96 - Standard Conditions
(Director of Community Development Transmittal 9/19/95, Searfoss
Letter 9/13/95)
95.162
Fraternal Order of Police - Sebastian Lodge 139 - Community Center
- 11/11/95 - 7 pm to 11 pm - Dance - Admission Fee and A/B
Requests - Security Pd - Joseph Scarpa Permittee (DOB 4/48) (City
Clerk Transmittal 8/21/95, Excerpt of R-94-50, Application)
9. PRESENTATIONS - None
10. COMMITTEE REPORTSfRECOMMENDAT!O~$
11. OLD BUSINESS
95.124
Amended Golf Professional Services Agreement - Patrick Cerjan
(City Manager Transmittal 9/19/95, Agreement)
12. NEW BUSINESS
95.098
Craven, Thompson & Associates, Inc. - Approve Supplemental
Agreement No. 5 (City Manager Transmittal dated 9/8/95,
Supplemental Agreement No. 5)
95.163
FDOT Standard Instrument Approach Procedures (SIAP) (City
Manager Transmittal 9/21/95, Van Antwerp Memo 9/19/95, FDOT
Letter 9/11/95)
95.083
95.041
ORDINANCE NO. 0-95-26 - C-512 Landscaping (Director of
Community Development Transmittal 9/21/95, 0-95-26, P & Z
Memo 3/17/95, 4/26/95 Minutes Excerpt)
1st Reading, Set Public Hearing 10/25/95
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
3.8(A)d(8) OF THE CITY OF SEBASTIAN LAND DEVELOPMENT
CODE TO AMEND THE REAR YARD LANDSCAPE
REQUIREMENTS; TO PROVIDE SUFFICIENT SCREENING FROM
THE ZONING DISTRICTS; TO MAKE CORRECTIONS 1N THE LAND
DEVELOPMENT CODE; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS
ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY
OF SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
ILI~$OLUTION NO, R-95-56 - FDOT Joint Participation Agreement
Airport Runway 4-22 Reconstruction/Overlay (City Manager
Transmittal 9/18/95, R-95-56, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST A JOINT PARTICIPATION
AGREEMENT (GRANT) WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR RECONSTRUCTION
AND OVERLAY OF SEBASTIAN MUNICIPAL AIRPORT RUNWAY 4-
22 IN THE AMOUNT OF $475,200.00; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
5
95.164/ E. RESOLUTION NO. R-95-58 - Brian E. Barry Airport Lease (City
94.208 Manager Transmittal, R-95,58, Lease)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AIRPORT
LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND
BRIAN E. BARRY; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
13. INTRODUCTION OF NEW BUSINESS FROM TIlE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
14. CITY COUNCIl, i~IATTERS
A. Mrs. Louise Cartwright
B. Mrs. Norma Damp
C. Mr. Raymond Halloran
D. Mayor Arthur Firtion
E. Vice Mayor Carolyn Corum
15. CITY ATTORNEY MATTER~
16. CITY MANAGER MATTERS
17. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO
ANY MAiTER CONSIDERED AT THIS MEETING (OR HEARlNG) WILL NEED A RECORD OF THE
PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, VfHICH RECORD INCLUDES THE TESTEVIONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE HEARD. (286.0105F. S.)
1N COMPLIANCE WiTH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE Vt'HO 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.
6
95.089
PUBLIC HEARING SIGN-UP SHEET
SEPTEMBER 27, 1995 REGULAR MEETING
ORDINANCE NO, 0-95-25 - Consenting to Imposition of Special
Assessments by Indian River County (City Manager Transmittal
9/21/95, 0-95-25)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
CONSENTING TO THE IMPOSITION OF SPECIAL ASSESSMENTS
AND OR THE INCLUSION OF ALL OF ITS INCORPORATED AREAS
WITHIN ONE OR MORE MUNICIPAL SERVICE BENEFIT UNITS
CREATED BY INDIAN RIVER COUNTY TO PROVIDE WATER OR
WASTEWATER FACILITIES, SERVICES OR PROGRAMS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For
Against Information
95.115
PUBLIC HEARING SIGN-UP SHEET
SEPTEMBER 27, 1995 REGULAR MEETING
Bo
ORDINANCENO. 0-95-21 - Temporary Use Permit (Director of
Community Development Transmittal 9/20/95, 0-95-21, R-95-36,
R-95-54)
1st Public Hearing, 2nd Public Hearing Scheduled for 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.
Address ~2 'f-4 -- -'-' ~) -
Against ' Information
Address [o
For L~ Against
Information
Name
Address
Against
Information
Against Information
d?
Against
Information
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Against Information
Address
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NalTle
Address
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95.158
PUBLIC HEARING SIGN-UP SHEET
SEPTEMBER 27, 1995 REGULAR MEETING
Co
ORDINANCE NO. 0-95-24 - Changing Permitted Use in CG
Zoning - Temporary Use Permits (Director of Community
Development Transmittal 9/21/95, 0-95-24)
1st Public Hearing, 2nd Public Hearing Scheduled for 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.
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For
Against Information
PUBLIC INPUT ON AGENDA ITEMS
SIGN-UP SHEET
SEPTEMBER 27, 1995 REGULAR MEETING
USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA
EXCEPT HEARINGS WHICH HAVE THEIR OWN SIGNUPS SHEETS-TIME LIMIT OF
10 MINUTES PER SPEAKER
Agenda Item No. ~d Title:
Address:
Agenda Item No. and Title:
enda Item No. and Title:
Address: ao,c~7c~..,4~,~ ~' ~ ~
Agenda Item No. and Title: ~" 'F ,7 o ~. f q.";: ~
Agenda Item No. and Title: ~'.5. / ~ ~'b ~'7--
(~:/~ro)
Name: ~ ~.~__.~
Address: ~ _~-r~ ~-,
Agenda
.......... ...................................
Agenda Item No. and Title:
Address: t-,c 4-6~ C2e,ov ~1; o~ fS/t~ ~
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........................................... ~ ....................... ~'~ ..... ~ ......................
Name~
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Agenda Item No. and Title:
Name:
Address:
Agenda Item No. and Title:
2
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
SEPTEMBER 27, 1995 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT
OTHER WISE ON THE PREPARED AGENDA - LIMIT OF I 0 MINUTES
PER SPEAKER
AddresS: ~oc/e,,'z../',~_. C~.
Subject: ~oc_ ~c'~_ ~'7-~
Subject:
Name: / ." /
Address:
Subject:,_...
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Narfle:
Address:
Subject:
Nalne:
Address:
Subject:
Subject:
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2
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City of Sebastian
1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 27, 1995 - 7:18 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-95-33)
1. Mayor Firtion called the Regular Meeting to order at 7:18 p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Father Thomas Otto, St. Sebastian Catholic
Church.
4. ROLL CALL
City Council Present:
Mayor Arthur L. Firfion
Vice Mayor Carolyn Corem
Mrs. Louise Cartwdght
Mrs. Norma Damp
Mr. Raymond Halloran
Staff Present:
City Manager, Joel Koford
City Attorney, Clifton McClelland, Jr.
City Clerk, Kathryn O'Halloran
Director of Community Development,
Bruce Cooper
Airport Manager, John Van Antwerp
Deputy City Clerk, Sally Maio
Regular City Council Meeting
September 27, 1995
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
The City Manager requested that item 12 E under New Business, Barry
Airport Lease, be tabled to October 11, 1995.
MOTION by Comm/Cartwright
I move to remove item 12E on behalf of the City Manager and table
it until October 11, 1995.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwfight - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
PROCLAMATIOI~t~ AND/OR ANNOUNCEMENTS
None.
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
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.
2
Regular City Council Meeting
September 27, 1995
Page Three
95.089 A.
!~tLD1NANCE NO. 0-95-25 - Consenting to Imposition of Special
Assessments by Indian River County (City Manager Transmittal
9/21/95, 0-95-25)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
CONSENTING TO THE IMPOSITION OF SPECIAL ASSESSMENTS
AND OR THE INCLUSION OF ALL OF ITS INCORPORATED AREAS
WITHIN ONE OR MORE MUNICIPAL SERVICE BENEFIT UNITS
CREATED BY INDIAN RIVER COUNTY TO PROVIDE WATER OR
WASTEWATER FACILITIES, SERVICES OR PROGRAMS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Firtion opened the public heating at 7:21 p.m., the City Attorney
read Ordinance No. 0-95-25 by title only and, being no input, the Mayor
closed the heating.
MOTION by Cartwright/Damp
i move to adopt Ordinance No. 0-95-25.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
MOTION CARRIED 5-0
3
Regular City Council Meeting
September 27, 1995
Page Four
95.115 B.
ORDINANCI~ NO. 0-95-21 - Temporary Use Permit (Director of
Community Development Transmittal 9/20/95, O-95-21, R-95-36,
R-95-54)
1st Public Hearing, 2nd Public Hearing Scheduled for 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 Ordinance No. 0-95-21 by title only and Mayor
Firtion opened the public hearing at 7:24 p.m.
Don Studley, 13501 North US 1, Roseland; Susie Parker, 674 Helicon
Terrace, Sebastian; Mort Levow, 512 Tarpon Drive, Barefoot Bay; Scottie
Studley, 13501 North US 1, Roseland; and Jack Eromin, 595 Cross Creek
Circle, Sebastian supported the proposed Christmas in Sebastian concert.
The City Attorney recommended moving paragraph 12 of Section 2 to
Section 5 as paragraph two, in accordance with previous recommendation.
The City Manager inquired whether the basis for denial would be non-
compliance with the 12 items listed in Section 2. The City Attorney
advised that non-compliance with those items and other ordinances of the
City would be the basis for denial.
4
Regular City Council Meeting
September 27, 1995
Page Five
Mayor Firfion closed the public hearing at 7:35 p.m.
MOTION by Cartwright/Corum
I accept the reading of Ordinance No. 0-95-21 and set the second
public hearing for October 11, 1995.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
95.158
Co
ORDiNANCE NO. 0-95-24 - Changing Permitted Use in CG
Zoning - Temporary Use Permits (Director of Community
Development Transmittal 9/21/95, 0-95-24)
1st Public Hearing, 2nd Public Hearing Scheduled for 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.
Mayor Firfion opened the public hearing at 7:36 p.m. and the City Attorney
read Ordinance No. 0-95-24 by title only. The Director of Community
Development gave a brief presentation and, being no further input, Mayor
Firtion closed the public hearing.
Regular City Council Meeting
September 27, 1995
Page Six
MOTION by Corum/C~ght
I move for Council to accept the fu'st public hearing and set the
second public hearing on Ordinance No. 0-95-24 for October 11, 1995.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - 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 - 9/7/95 Special Meeting, 9/13/95 Regular
Meeting
95.138
KESOLUTION NO. P,,:95-57 - Skydive Sebastian Special Use
Permit (Director of Community Development Transmittal 9/20/95,
R-95-57)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTiNG A SPECIAL USE PERMIT; FINDING
THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY,
HEALTH AND WELFARE AND IS CONSISTENT WITH THE
PURPOSE AND INTENT OF THE AIRPORT AND iNDUSTRIAL
FACILITIES DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
Regular City Council Meeting
September 27, 1995
Page Seven
95.159 C.
95.160 D.
95.161 E.
95.162 F.
Approve Expenses for Mayor Firtion - Attendance at Advanced
Institute for Elected Officials - Boca Raton - 10/13/95 & 10/14/95
(City Clerk Transmittal 9/21/95, Conference Info)
Sebastian River Area Chamber of Commerce - Santa SaiMn/Winter
Wonderland - Riverview Park - Use of Park and Electricity 11/22/95
through 1/14/95 - Events from 12/8/95 through 12/24/95 (City
Manager Transmittal 9/18/95, SRACC Letter 8/25/95)
Pelican Island Art Group - Art Shows - Riverview Park - 11/11/95,
11/12/95, 2/10/96, 2/11/96, 3/16/96, 3/17/96 - Standard Conditions
(Director of Community Development Transmittal 9/19/95, Searfoss
Letter 9/13/95)
Fraternal Order of Police - Sebastian Lodge 139 - Community Center
- 11/11/95 - 7 pm to 11 pm - Dance - Admission Fee and A/B
Requests - Security Pd - Joseph Scarpa Permittee (DOB 4/48) (City
Clerk Transmittal 8/21/95, Excerpt of R-94-50, Application)
The City Manager read the consent agenda and the City Attorney read
Resolution No. R-95-57 by title only.
MOTION by Cartwright/Halloran
I move to accept the consent agenda all items.
ROLL CALL:
Mayor Firfion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
Regular City Council Meeting
September 27, 1995
Page Eight
9. ~TATIONS
None.
10. COMMITTEE REPORTS/RECOMMENDATIONS
None.
11. OLD BUSINESS
95.124 A.
Amended Golf Prgf¢~sional Services Agreement - Patrick Ce0an
(City Manager Transmitlal 9/19/95, Agreemen0
The City Manager and City Attorney proposed changes to the agreement as
follows:
1) Pg. 7 - Sec. 6 (1) A and B add "gift certificate sales" after "pro shop
merchandise sales".
2) Pg. 9 - Sec. 6 (1) C - change 2nd sentence to "A quarterly audit .... "
3) Designate the 317 sq. ft. Pro Shop as Exhibit "A" in the diagram
4) Pg. 5 - Sec. 5 B - change sentence to "Beginning on
consultant shall have the exclusive fight .... "
the
5) Pg. 8 - Sec 6 (1) A - add colon after "collected from" and number
each item listed - change item 9 to "the use of balls at the driving range"
6) Pg. 10 - Sec 6 D (3) - delete after July 17, 1995 "of this Agreement"
Barrett Balthaser, 679 Bayharbor Terrace, Sebastian, spoke on behalf of
Patrick Cerjan, commending him for his work ethic and determination and
urged approval of the contract.
Thomas Wojciekowski, 425 Peterson Street, Sebastian, urged approval of
the contract and hiring of two new pros.
Regular City Council Meeting
September 27, 1995
Page Nine
Frank Oberbeck, 601 Layport Drive, Sebastian, expressed concern for the
two new pros and compliance with the bond regarding free play,
cancellation of the city's ball retrieval contract and water balls being given
to Mr. Cerjan.
Ralph Wood, 582 Benedictine Terrace, Sebastian, said Mr. Cerjan was
doing a tremendous job.
Herb Brady, 1166 6th Avenue, Vero Beach, Men's Golf Association, said
he had received many favorable comments from golfers at eight other
courses about Mr. Cerjan subsequent to last Friday's tournament.
TAPE I - SIDE II (8:05 p.m.)
Mr. Brady continued.
Al Vilardi, 445 Georgia Boulevard, Sebastian, expressed concern for the
method by which the City obtained the services of Mr. Cerjan.
The City Attorney said, in his opinion, this type of contractural services is
not governed by the Competitive Negotiation Act.
MOTION by Damp/Corum
I move we approve the amended Golf Professional Services
Agreement with the changes outlined by the City Manager and City
Attorney.
Mrs. Cartwright inquired about the current ball retrieval contract with
Global Golf Balls. The City Manager said he had sent notice of termination
to the contractor and that Mr. Cerjan had made arrangements with them.
Mrs. Cartwright noted that termination was premature since the services
agreement had not been approved as yet. She noted that Mr. Cerjan had
insurance and an occupational license.
9
Regular City Council Meeting
September 27, 1995
Page Ten
The City Manager said the City will have complete control of the hours
worked by the two new assistant pros and they will be governed by the Fair
Labor Standards Act in response to Mr. Halloran.
Mrs. Cartwright noted that there were no funds budgeted for overtime.
Vice Mayor Corum urged people to throw their full support behind the pro,
noted that the bond holders have approved this revised agreement, however,
expressed concern relative to the fact that the City will not keep record of
the funds Mr. Cerjan will derive from pro shop sales and ball retrieval.
The City Manager said the question of whether pro shop revenues flow
through the City depends on the question of the concession and audit
results. He said if Mr. Cerjan decides not to have funds flow through the
City, the City would not have accountability.
The City Attorney said Mr. Cerjan would not have to disclose the funds
derived from golf ball retrieval.
MOTION by Corum/C~ght
I move to amend the main motion in 5 B of the Professional Services
Agreement line six from the bottom "The Consultant shall have the
exclusive right to retrieve and sell golf balls recovered for water hazards at
the golf course as long as the the consultant is engaged by the City", to
remove that sentence and that will have to be removed from items 6 A and
B.
ROLL CALL:
AMENDMENT:
Mrs. Cartwright - aye
Mrs. Damp - nay
Mr. Halloran - nay
Mayor Firtion - nay
Vice Mayor Corum - aye
MOTION FAILED 2-3 (Damp, Halloran, Firtion - nay)
10
Regular City Council Meeting
September 27, 1995
Page Eleven
12.
ROLL CALL:
MAIN MOTION:
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
MOTION CARRIED 5-0
NEW BUSINESS
- aye
- aye
- aye
- aye
95.O98 A.
95.163
Crave~l, Thompson & Associates, Inc. - Approv~ Supplemental
Agreement No. 5 (City Manager Transmittal dated 9/8/95,
Supplemental Agreement No. 5)
MOTION by Damp/Cartwright
I move that we approve supplemental agreement #5 effective today.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
FDOT Standard Instrument Approach Procedures (SIAl?) (City
Manager Transmittal 9/21/95, Van Antwerp Memo 9/19/95, FDOT
Letter 9/11/95)
Sal Neglia, 461 Georgia Boulevard, Sebastian, discussed the FDOT grant.
Warren Dill, 11675 Roseland Road, Sebastian, handed out information
from the City's airport master plan and expressed concern that this proposal
may be inconsistent with the plan or its timing aspects.
11
Regular City Council Meefng
September 27, 1995
Page Twelve
TAPE II - SIDE I (8:53 p.m.)
Mr. Dill continued, urging Council to conduct a workshop on the plan.
The Airport Manager said he recommended a workshop on the SLAP
proposal, commenting that this is a complex issue that needs review.
Following some discussion, it was the consensus of City Council to
postpone any action on this proposal, however, there was some agreement
that a workshop on the airport master plan should be conducted.
95.083
ORDINANCE NO. 0-95-26 - C-512 Landscaping (Director of
Community Development Transmittal 9/21/95, 0-95-26, P & Z
Memo 3/17/95, 4/26/95 Minutes Excerpt)
1st Reading, Set Public Hearing 10/25/95
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
3.8(A)d(8) OF THE CITY OF SEBASTIAN LAND DEVELOPMENT
CODE TO AMEND THE REAR YARD LANDSCAPE
REQUIREMENTS; TO PROVIDE SUFFICIENT SCREENING FROM
THE ZONING DISTRICTS; TO MAKE CORRECTIONS IN THE LAND
DEVELOPMENT CODE; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS
ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY
OF SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-95-26 by title only.
12
Regular City Council Meeting
September 27, 1995
Page Thirteen
MOTION by Halloran/Cartwright
I move to approve the first reading of Ordinance No. 0-95-26 and
set the public hearing for October 25, 1995.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
95.041
RESOLUTION 1~0, R,-95-56 - FDOT Joint Participation Agreement
Airport Runway 4-22 Reconstruction/Overlay (City Manager
Transmittal 9/18/95, R-95-56, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST A JOINT PARTICIPATION
AGREEMENT (GRANT) WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR RECONSTRUCTION
AND OVERLAY OF SEBASTIAN MUNICIPAL AIRPORT RUNWAY 4-
22 IN THE AMOUNT OF $475,200.00; 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-95-56 by title only.
MOTION by Cartwright/Halloran
I move we authorize the Mayor to execute and the City Clerk to
attest the State of Florida Department of Transportation Joint Participation
Agreement on behalf of the City of Sebastian.
13
Regular City Council Meeting
September 27, 1995
Page Fourteen
ROLL CALL:
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
MOTION CARRIED 5-0
95.164/ E.
94.208
- aye
- aye
- aye
- aye
13.
RESOLUTION NO. R-95-58 - Brian E. Barry Airport Lease (City
Manager Transmittal, R-95-58, Lease)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AIRPORT
LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND
BRIAN E. BARRY; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
This item was tabled to October 11, 1995.
Mayor Firtion called recess at 9:15 p.m. and reconvened the meeting at 9:25
p.m. All members were present.
INTRODUCTION Or N~W ~VS~ESS I~RO~ TH~ PVBL~C
Which is not otherwise on the agenda, limit of ten minutes for each speaker
Richard Taracka, 1320 Coverbrook Lane, Sebastian, inquired about the
promotion of Eugene Ewert to lieutenant when that position is not in the
budget or chart.
Wally Kxamer, Mi~c0, inquired why certain people can speak for twenty
minutes and said he admired those who are watchdogs.
Regular City Council Meeting
September 27, 1995
Page Fourteen
ROLL CALL:
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
MOTION CARRIED 5-0
95.164/ E.
94.208
- aye
- aye
- aye
- aye
13.
RESOLUTION NO. R-95-55 - Brian E. Barry Airport Lease (City
Manager Transmittal, R-95-58, Lease)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AIRPORT
LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND
BRIAN E. BARRY; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
This item was tabled to October 11, 1995.
Mayor Firtion called recess at 9:15 p.m. and reconvened the meeting at 9:25
p.m. All members were present.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Richard Taracka, 1320 Coverbrook Lane, Sebastian, inquired about the
promotion of Eugene Ewert to lieutenant when that position is not in the
budget or chart.
Wally Kramer, Micco, inquired why certain people can speak for twenty
minutes and said he admired those who are watchdogs.
14
Regular City Council Meeting
September 27, 1995
Page Fifteen
Frank Oberbeck, 601 Layport Drive, Sebastian, inquired why Council does
not respond to questions posed by the public during public input and asked
if Council approved the "no thru tracks" signs on Wave Street.
Barrett Balthaser, 679 Bay Harbor Terrace, Sebastian, said he was sick of
negative articles in the newspaper, commended ISS for maintenance of the
golf course and supported the purchase of equipment.
14. CITY COUNCIL MATTERS
A. Mrs. Louise Cartwright
Mrs. Cartwright again requested and received a full consensus to conduct a
workshop on the airport master plan at the end of October or beginning of
November; requested the City Manager to respond to the request of the
historical society relative to use of the old utility building to which the City
Manager responded the item would be placed on the October 4, 1995
workshop agenda; requested that procedures for setting up the November
29, 1995 business workshop agenda be placed on the October 4, 1995
agenda to which the City Manager responded he is expecting responses
from staff by October 12.
TAPE II - SIDE II (9:47 p.m.)
Mrs. Cartwright inquired about the status of lights on CR 512 and the
Director of Community Development gave a brief report and said he will
follow-up with FPL.
15
Regular City Council Meeting
September 27, 1995
Page Sixteen
Mrs. Cartwright inquired about the police lieutenant matter and the City
Manager said he would review it with the Human Resources Director.
Mrs. Cartwright said the Wave Street matter did not require Council action.
B. Mrs. Nornll~ Damp
None.
C. Mr. Raymond Hallor~
Mr. Halloran said he thought the six weeks prior to the holidays was not a
good time for the business workshop.
Mayor Firtion said the Chamber Board of Directors had not taken a vote on
the date for the next meeting, however, Mrs. Cartwright said she had heard
no conflict for November 29.
D. Mayor Arthur Firtion
None.
E. Vice Mayor Carolyn Corum
Vice Mayor Corum said she would attend the November 29 business
meeting; inquired about the 30 day report from the City Manager regarding
Capital Sanitation to which the City Council concurred to have the City
Manager handle the report; inquired about the increase in copy charge to 15
cents and as a result it was the general feeling of Council to have the City
Attorney draft a resolution to keep the fee at 10 cents; inquired whether the
agenda can be printed in the Press Journal to which the City Manager
responded he would have the City Clerk look into it; requested that staff
come up with a policy regarding mowing of overgrown lawns to which the
City Manager and Director of Community Development responded.
16
Regular City Council Meeting
September 27, 1995
Page Seventeen
15. CITY ATTORNEY MATTERS
None.
16. CITY MANAGER MATTI~R~
The City Manager announced that people should go to the Clerk of the
Circuit north county office for utility matters beginning next Monday; said
he would include a monthly newsletter in Council paychecks; said he would
be off the fa'st and third weeks of October and announced that parking,
fences and fee schedules would be on the October 4, 1995 agenda.
17.
Being no further business, Mayor Firtion adjourned the Regular Meeting at
10:15 p.m.
Approved at the .~ //~5 .1995, Regular City Council
0~4( ~ ~~~ur L. Firfion, Mayor
~~ .M~O'Halloran, CMC/AAE
City Clerk
17