Loading...
HomeMy WebLinkAbout10091996 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 9, 1996 - 6:00 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 ilndividuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have sighted the sign-up sheet provided prior to the meeting - limit often minutes per speaker (~-96-53) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-96-53) 96.217 96.218 96.032 96.003 PROCLAMATIOI~. AI~NOUNCEMENTS AND/OR PRESENTATIONS Proclamation - National Food Bank Week - October 13-19, 1996 - Walker Smith Accepting on Behalf of Treasure Coast Food Bank Proclamation - Rape and Assault Prevention Week - October 14-21, 1996 - Requested by Robert Reinhalter on Behalf of Rape Awareness & Prevention Organization - International C. Airport Runway 4-22 Reconstruction Project CITY ATTORNEY MATTERS CITY MANAGER MATTERS CONSENT AGE~DA 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. A. Approval of Minutes - 9/18/96 Special (Budget), 9/25/96 Workshop, 9/25/96 Regular Adopt Resolution No. R-96-77 - Community Development Dir~tor Job_D~criptjorl Manager Transmittal 10/3/96, R-96-77, Job Description) RESOLUTION NO. R-96-77 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF COMMUNITY DEVELOPMENT DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 219 96.029 96.049 96.215 96.220 96.090 Adopt Resolution No. R-96-78 - City Plimner II Job Description.(City Manager Transmittal 10/3/96. R-96-78, Job Description) RESOLUTION 1310. R-96-7~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF COMMUNITY DEVELOPMENT DIRECTOR CITY PLANNER II; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Bid Award for Annual Type S-3 Asphalt Resurfacing Contract - Ranger Construction Industries, Inc. and Purchase of Type S-3 Asphalt from Dickerson of Florida, Inc. and MacAsphalt a Division of APAC Florida, Inc. on As-Needed Basis (Public Works Director Transmittal 10/2/96, PW Director Memo 10/1/96, Bid Summary and Tabulation Sheet) Approve First Amendment to Cost Share Agreement with St. Johns River Water Management District - Riverview Park Shoreline Restoration Project (City Manager Transmittal 10/3/96, SJRWMD Letter 9/18/96 and Memo 9/12/96, Agreement) Formal Approval of November Meeting Schedule - 11/13/96 and 11/20/96 (City Clerk Transmittal 10/3/96) Approve Request from Pelican Island Preservation Society to Use Riverview Park - Sunday, March 9, 1997 - 94th Anniversary of Pelican Island National Wildlife Refuge - 9 am to 4 pm - Use of Electricity - Standard Conditions (City Clerk Transmittal 10/1/96, Davies Letter 9/14/96) Amend Approval Date for Use of Riverview Park - Craft Club - Change 11/5/96 with 11/6/96 Raindate to 11/2/96 with 11/3/96 Raindate (City Clerk Transmittal 9/24/96, Craft Club Letter, Minutes) 96.125 96.206 10. PUBLIC HEARING Procedures for public hearings: (R-96-53) · 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, When Called go to the Podium and State His/Her Name for the Record Second Reading, Public Hearing and Final Adoption of Ordinance No. O-96-16 - Outdoor Fires (City Manager Trans_milt~,l 10/3Jg~..O-96-16) ORDINANCE NO. 0-96-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA, AMENDING SECTION 42-48 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "OUTDOOR FIRES", CHANGING THE TITLE OF SECTION 42-48 TO "CONTROL OF OPEN BURNING", PROVIDING FOR OPEN BURNING RESTRICTIONS; PROVIDING FOR EXCEPTIONS AND RESTRICTIONS AGAINST OPEN BURNING; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 9/11/96, Advertised 9/25/96, 2nd Reading, PH and Adoption 10/9/96) Second Reading, Public Hearing and Final Adoption of Or~Jllarg:~ No, O-96-30 - Division of Single Lots (Community Development Transmittal 10/2/96,0-96-30) ORDINANCE NO. 0-96-30 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING AMENDING THE CLASSIFICATION OF SUBDIVISIONS TO INCLUDE DIVISION OF A SINGLE LOT; REGARDING THE RESPONSIBILITIES OF THE PLANNING AND ZONING COMMISSION; ESTABLISHING PROCEDURES FOR THE APPROVAL OF THE DIVISION OF A SINGLE LOT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 9/11/96, Advertised 9/25/96, 2nd Reading, PH and Adoption 10/9/96) 96.026 96.221/ 95.164 11. 12. 13. COMMITTEE ~pORT$/RECOMMENDATIONS OLD BUSINESS - None BUSINESS Adopt Resolution No. R-96-72 - Amending g-96-23 - ~mending PTC/L~nnar/City of ~;ebastian Agreement - Amendment to Developers Agreement (City Manager Transmittal 2, ~-96-72, Amended Agreement) RESOLUTION NO. R-96-72 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT AMONG THE CITY OF SEBASTIAN, PTC ENTERPRISES, INC. ("PTC") AND LENNAR NORTHEAST PARTNERS LIMITED PARTNERSHIP ("LENNAR"), THAT AGREEMENT BEING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SEBASTIAN LAKES ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED AGREEMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; 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-96-75 - Addendum to Airp_o_rt_Leas~ - Brian. I3, 13arry _ to Aerotrace, Inc. (City Manager Transmittal 10/2/96, Ex_i~ling Lease ~th Barry, R-96- 75, Addendum to Lease) RESOLUTION NO, ~-96-75 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND BRIAN E. BARRY SUBSTITUTING AEROTRACE, INC. IN PLACE OF BRIAN E. BARRY AS TENANT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 96.222/ 95.035 96.223 96.032 14. 15. Eo Fo Adopt R~olution No. R-96-76 - CRA Engineering, Inc. Supplemental Agreement NO, 1 - Riverview Park Parking Area (Co_.~r~unity Development Director Transmittal 10/3/~(3~, R-96-76, Sl~pp!emental Agreement NO. 1, Scope of Work) RESOLUTION NO. R-96-76 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, SUPPLEMENTAL AGREEMENT NO. 1 BETWEEN CRA ENGINEERING, INC. AND THE CITY OF SEBASTIAN, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Approve Eighteen Month Preliminary Plat Extension for Vickers Grove Subdivision to Expire April 9, 1998 (Community Development Transmittal 10/2/96, Fischer & Sons Letter 9/20/96, Site Map) Retention of Attorney Services for Existing Litigation - Citrus Utilities vs. General Development Utilities and City of Sebastian - Richard E. Torpy of Amundsen, Moore and Torpy - Authorize City Attorney to Sign on Behalf of City (City Manager Transmittal 10/2/96, 9/9/96 Hansen/Torpy Letter, 9/24/96 Torpy Letter) Change Order - Henry Fischer & Sons Leasing, Inc. - Construction of Driveway off Airport Drive West for Brian Barry (Aerotrace, Inc.) (City Manager Transmittal 10/2/96, PW Cost Estimates) iNTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker CITY COUNCIL, MATTERS A. Mayor Loljise Cartwright B. Vice Mayol' Walter Barnes C. Mrs. Norma Darnl~ D. Mr. Raymond Halloran E. Mr.,Richard Taracka 16. ADJOURN (All regular meetings beginning at 6:00 p.m. shall adjourn at 9:30 p.m. unless extended for one half hour by a majority vote of City Council. All regular meetings beginning at 7:00p. m. shall adjourn at lO:30 p. m. unless extended for one half hour by a majority vote of City Council,) ANY PERSON VeTtO DECIDES TO APPEAL ANY DECISION MADE B ¥ THE CITY COUNCIL WITH RESPECT TO ANY MAITER 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. (286.0105 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 AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEEIING. Upcoming Meetings: Special Meeting- Capital Improvements- Tuesday, October 15, 1996- 7p.m. oSpecial Meeting-Quasi Hearings-Wednesday, October 16, 1996- 6 p.m. Regular Meeting - Wednesday, October 23, 1996 - 6p.m. Regular Meeting - Wednesday, November 13, 1996 - 6 p.m. Regular Meeting- Wednesday, November 20, 1996 - 6p.m. 7 PUBLIC INPUT ON AGENDA ITEMS SiGN-UP SHEET OCTOBER 9, 1996 REGULAR MEETING USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT FOR PUBLIC HEARINGS WHICH H~AVE THEIR OWN SHEETS-TIME LIMIT OF lO MINUTES PER SPEAKER Name: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: 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: PUBLIC HEARING SIGN-UP SHEET OCTOBER 9, 1996 REGULAR MEETING 96.125 A. Second Reading, Public Hearing and Final Adoption of Ordinance ~,_ 0-96-16 - Outdoor Fires OKIOINANCt~ NO. 0-96-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 42-48 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "OUTDOOR FIRES", CHANGING THE TITLE OF SECTION 42-48 TO "CONTROL OF OPEN BURNING", PROVIDING FOR OPEN BURNING RESTRICTIONS; PROVIDING FOR EXCEPTIONS AND RESTRICTIONS AGAINST OPEN BURNING; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 9/11/96, Advertised 9/25/96, 2nd Reading, PH and Adoption 10/9/96) Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against information 2 Name Address For Against Information 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 OCTOBER 9, 1996 REGULAR MEETING 96.206 B. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-96-30 - Division of ~'~gl_e Lots ORDINANCE NO. 0-96-30 AN ORDINANCE OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING AMENDING THE CLASSIFICATION OF SUBDIVISIONS TO INCLUDE DIVISION OF A SINGLE LOT; REGARDING THE RESPONSIBILITIES OF THE PLANNING AND ZONING COMMISSION; ESTABLISHING PROCEDURES FOR THE APPROVAL OF THE DIVISION OF A SINGLE LOT; PROViDiNG FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/11/96, Advertised 9/25/96, 2nd Reading, PH and Adoption 10/9/96) Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SiGN-UP SHEET OCTOBER 9, 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 L//Address: Subject: Subject: ~/Address: Subject: Name: Address: Subject: Same~ Address: Subject: Name~ Address: Subject: Name: Ad&ess: Subject: Name: Address: Subject: Name~ Address: Subject: Name: Address: Subject: Name: Address: Subject: Name: Address: Subject: Same~ Address: Subject: Name: Address: Subject: Name~ Address: Subject: Name: Address: Subject: Same~ Address: Subject: Same~ Address: Subject: Name~ Address: Subject: mame~ Address: Subject: Name~ Address: Subject: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 9, 1996 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Cartwright called the Regular Meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. No Invocation. ROLL CALL City Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka Staff Pre,erg: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli Deputy City Clerk, Sally Maio City Council Meeting October 9, 1996 Page Two 96.217 96.218 96.032 AGENDA MODIFICATIONS (ADDITIOi~ AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-96-53) None. I~ROCLAMATIONS, ANNOUNCEMENTS AND/OR PRES.~L~TATIONS A. Procj~jnation - National Food Bank Week - October 13-19, 1996 - Walker l~Ilaith Accepting on Behalf of Treasure Coast Food Bank Mayor Cartwright read the proclamation and presented it to Walker Smith. B. Proclamation - Rape and Assault Pre¥~nfion Week - October 14-21, L99~ - Requested by Robert Reinhalter on Be, half &Rape Awareness & Preyetltion Organization - International Mayor Cartwright directed the City Clerk to mail the proclamation to Robert Reinhalter. C. Airport ~[lrlway 4-22 Reconstruction Pro,[eCll The City Manager gave a brief update on the meeting held on October 8, 1996 with FDOT representatives, Eric Nielsen, Greiner and Mr. Machata, Blackhawk Quarry. He said a pre-construction conference will be conducted October 14 at which time Martin Paving is expected to submit a value engineering report. CITY ATTORNEY MATTERS None. CITY MANAGER MATTF~][IS The City Manager gave an update on a proposal obtained for the purchase of the sound and recording system for the Council Chambers; reported on the scrub lot purchase situation, noting that it might be appropriate to send a letter to Fish and Wildlife reiterating the City's position; said the scrub property within the St. Sebastian PUD purchase area will be set aside by Indian River County for mitigation; 2 Regular City Council Meeting tOctober 9, 1996 Page Three 96.003 96.219 said that Council will meet on October 15, 1996 to review the Capital Improvements program but will not take action until October 23 to give Planning and Zoning an opportunity to review it on October 17. CONSENT AGI~NDA 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. A. Approval of Minutes - 9/18/96 Special (Budget), 9/25/96 Workshop, 9/25/96 Regular Adopt Resolution No. R-96-77 - Community D~velopment Director Job Description (Cit~ Manager Transmittal 10/3/96, R-96-77,J91~ Description) R~0LUTION NO. R-96-77 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF COMMUNITY DEVELOPMENT DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt Resolution No. R-96Q~3 -_City Planner II Job Description l[City Mo~ager Transmittal 10/3/96, R_-96-78, Job Description) [~.SOLUTION NO. R-96-78 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF CITY PLANNER II; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. jRegular City Council Meeting October 9, 1996 Page Four 96.029 D. Bid Award for Annual Type S-3 Asphalt Resurfacing Contract - Ranger Construction Industries, Inc. and Purchase of Type S-3 Asphalt from Dickerson of Florida, Inc. and MacAsphalt a Division of APAC Florida, Inc. on As-Needed Basis (Public Works Director Transmittal 10/2/96, PW Director Memo 10/1/96, Bid Summary and Tabulation Sheet) 96.049 E. Approve First Amendment to Cost Share Agreement with St. Johns River Water Management District - Riverview Park Shoreline Restoration Project (City Manager Transmittal 10/3/96, SJRWMD Letter 9/18/96 and Memo 9/12/96, Agreement) 96.215 F. Formal Approval of November Meeting Schedule - 11/13/96 and 11/20/96 (City Clerk Transmittal 10/3/96) 96.220 G. Approve Request from Pelican Island Preservation Society to Use Riverview Park - Sunday, March 9, 1997 - 94th Anniversary of Pelican Island National Wildlife Refuge - 9 am to 4 pm - Use of Electricity - Standard Conditions (City Clerk Transmittal 10/1/96, Davies Letter 9/14/96)  ,96.090 H. Amend Approval Date for Use of Riverview Park - CraR Club - Change 11/5/96 with 11/6/96 Raindate to 11/2/96 with 11/3/96 Raindate (City Clerk Transmittal 9/24/96, Craft Club Letter, Minutes) The City Manager read the consent agenda. The City Attorney read titles for Resolution Nos. R-96-77 and R-96-78. Mayor Cartwright pulled item G. MOTION by Halloran/Taracka I move to approve all items on the consent agenda with the exception of item G. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 4 )egular City Council Meeting ctober 9, 1996 Page Six 96.125 A. Second Re~Ojgg..Public H_earing and Final Adoption of Ordinance No. O-96-_16 - Outdoor Fires (City Manager Transmittal 10/3/96, 0-96-16) ORDINANCE NO. O-9(~- 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 42-48 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "OUTDOOR FIRES", CHANGING THE TITLE OF SECTION 42-48 TO "CONTROL OF OPEN · BURNING", PROVIDING FOR OPEN BURNING RESTRICTIONS; PROVIDING FOR EXCEPTIONS AND RESTRICTIONS AGAINST OPEN BURNING; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 9/11/96, Advertised 9/25/96, 2nd Reading, PH and Adoption 10/9/96) Mayor Cartwright opened the public hearing at 7:23 p.m.; the City Attorney read Ordinance No. 0-96-16 by title only; and the City Manager gave a brief presentation. Mayor Cartwright closed the public hearing at 7:25 p.m. MOTION by Damp/Barnes I move to approve Ordinance 0-96-16 burning ordinance. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 6 Regular City Council Meeting iOctober 9, 1996 Page Seven 96.206 B. 11. 12. Second Rea~lillg, Public Hearing and Final Adoption of Ordinance No. O-96-30 - Division of Sing][~ Lots (Community Development Trall~rnittal 10/2/96,0-96-30) ORDiNANCE NO. O-96-30 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING AMENDING THE CLASSIFICATION OF SUBDIVISIONS TO INCLUDE DIVISION OF A SINGLE LOT; REGARDING THE RESPONSIBILITIES OF THE PLANNING AND ZONING COMMISSION; ESTABLISHING PROCEDURES FOR THE APPROVAL OF THE DIVISION OF A SINGLE LOT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 9/11/96, Advertised 9/25/96, 2nd Reading, PH and Adoption 10/9/96) Mayor Cartwright opened the public hearing at 7:26 p.m.; the City Attorney read Ordinance No. O-96-30 by title only; and the Community Development Director gave a presentation. Mayor Cartwright closed the public hearing at 7:30 p.m. MOTION by Taracka/Barnes I move to approve Ordinance O-96-30. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 COMMITTEE REPORTSfI~F~OMMENDATIONS ~ None OLD BUSI~NESS - None 7 Regular City Council Meeting 9, 1996 Page Eight 13. NEW BUSINESS 96.026 A. Adopt g~olution No. R-96-72 - Amending R-96-23 - AmenOing PTC/Lennar/City of Sebastian Agreement - Amendment to Developers Agreement (City Manager Transmittal.. R-96-72, Amended Agreement) RESOLUTION NO, R-96-72 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT AMONG THE CITY OF SEBASTIAN, PTC ENTERPRISES, INC. ("PTC") AND LENNAR NORTHEAST PARTNERS LIMITED PARTNERSHIP ("LENNAR'), THAT AGREEMENT BEING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SEBASTIAN LAKES ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED AGREEMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; 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-96-72 by title only. The City Manager explained reasons for the amendment to the April 10th agreement and gave a brief background on the matter. MOTION by Barnes/Cartwright I make a motion to approve Resolution R-96-72 amending R-96-23. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 .~ Regular City Council Meeting ctober 9, 1996 Page Nine 96.221/ B. 95.164 Ado,ot/l,o~olution No. R-96-75 - Addendum 1;0 Airport Lease - Brian E. Barry to Aerotrace, In¢, (City Manager Transmittal 10/2/96,13~tiilg Lease with Barry, R-96-75, Addendum to Lease) RESOLUTION NO_ ]~-96-75 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND BRIAN E. BARRY SUBSTITUTING AEROTRACE, INC. IN PLACE OF BRIAN E. BARRY AS TENANT; AUTHORiZiNG THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, THE AMENDMENT TO LEASE AGREEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-96-75 by title only and the City Manager gave a brief explanation of the change. MOTION by Halloran/Taracka I move to approve Resolution No. R-96-75. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Regular City Council Meeting )ctober 9, 1996 Page Ten 96.110 C. Ad,or Resolution No. R-96-76 - CRA Engineering. Inc. Supplemental Agreerfl~llt bio, ! - l~iyerview Park Parking Area 0~ommunity Development Director Tran~lllJttal 10/3/96, R-9~-76, Supplemental Agreement No, 1, Scope of Work) RESOLUTION NO. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, SUPPLEMENTAL AGREEMENT NO. 1 BETWEEN CRA ENGINEERING, INC. AND THE CITY OF SEBASTIAN, 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-96-76 by title only and the Community Development Director gave a brief explanation. He said there will be a public meeting of the Citizens Advisory Task Force on October 22, 1996 for development ora design for the Riverview Park North project. He said final approval will be by Council. TAPE i - SIDE II (6:49 p.m.) MOTION by Halloran/Barnes I move to adopt Resolution R-96-76 authorizing the City Manager to sign and the City Clerk to attest supplemental agreement #1 with CRA Engineering. ROLL CALL: Mrs. Damp - nay Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 4-1 (Damp - nay) 10 (egular City Council Meeting ctober 9, 1996 Page Eleven 96.222/ D. 95.035 96.223 E. Approve Eighteen Month PrelJllljlaary Plat Extension for Vickers GIQye Subdivision to Expire April 9, 1998 (Community Development Transmittal 1012]96. Fischer & Sons Letter 9/20/96, Site Map) The Community Development Director presented the request for an eighteen month extension and recommended approval. Mrs. Damp said she recalled that the time limit for preliminary plat approvals was to be extended to two or three years and requested this be looked into. MOTION by Cartwright/Halloran\ I move to approve an eighteen month extension of the preliminary plat for Vickers Grove Subdivision to expire April 9, 1998. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 Retention of Attorrley ;Services for Existing LitigatJ_91~ - Citrus Utilities vs. General Development Utilities and City of S~:bastian - Richard E. Torpy of Amundsen, Moore and Torpy - Authorize City Attorney to Sign on Behalf of City (City Manager Transrjlil;tal 10/2/9(3, 9/9/96 Hansen/Torpy Letter, 9/24/96 Torpy Let[q,D The City Manager recommended staying with Mr. Torpy because of his familiarity with the case and the fact that the case is nearly finished. 11 oegular City Council Meeting ctober 9, 1996 Page Twelve 96.032 F. MOTION by Damp/Halloran i move to continue legal services of Mr. Torpy through the firm of Amundsen, Moore and Torpy, authorizing the City Manager to sign the authorization on behalf of the City of Sebastian. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs~ Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 Change Order - Henry Fig;her &; ~or~s Leasing, Inc. - Construction of Driveway off Airport Drive West for Brian ~0~rry (dkerotmce, Inc.) (City Manager Transmittal 10/2/96, pW Cost Estimates) The City Manager said he had received this request from Mr. Barry and recommended that since other tenants had driveways installed, Mr. Barry's also be done in an amount not to exceed $2,900. MOTION by Damp/Cartwright I move to authorize the appropriation from the airport funds of $2,900 for a driveway for Aerotrace otherwise known as Brian Barry. The City Manager said he had received a request from Skydive Sebastian for an additional driveway which he chose not to consider because they had already had a driveway installed like other tenants at the airport. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 12 Regular City Council Meeting October 9, 1996 Page Thirteen 14. LNTRQDUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker Larry Conroy, 874 SW Blossom Drive, Sebastian, Sebastian resident for eighteen years, suggested that trucks carrying fill were causing dirty air and unhealthy conditions in Sebastian and recommended that trucks be washed down before they leave construction sites. Tut Connelly, 149 Kildare Drive, Sebastian, objected to the proposal to one-way Wave Street. Fred Winninger, 106 Thunderbird Drive, Sebastian, objected to the City Manager's salary increase and said the City needs an Attorney with energy. Sal Neglia, 461 Georgia Boulevard, Sebastian, objected to the recent Falcon Cable rate increase; suggested a time limit be added to camping at Skydive Sebastian and that other previously conditions imposed be met; recommended that Cad Fischer and Norma Damp step down on Skydive matters. Bob Freeland, 733 Wentworth Street, Sebastian, suggested the Mayor change certain Council seats to prevent talking. 15. CITY COUNCIL M/~TTERS B. Vice Mayor Walter Barnes Vice Mayor Barnes asked the Community Development Director about the status of the camping area at Skydive Sebastian. He expressed concern about the owner of Skydive Sebastian's non-compliance. The City Manager said he will meet with the Community Development Director to review compliance and report back. A. Mayor Louise Cartwright Mayor Cartwright requested that the Chief of Police extend an invitation to the new Police Department Chaplain to attend a Council meeting to be introduced and do an invocation. 13 Regular City Council Meeting October 9, 1996 Page Fourteen Mrs. Norma Dav~p None. Mr. Raymond Halloran None. 16. E. Mr, Richard Taracka Mr. Taracka suggested that Stonecrop Park be opened to canoes with elevated walkways to protect the environment, stating he had talked to the City Manager and John Hill about the matter. The City Manager said he had discussed the matter with Mr. Hill and said it could be tied in to the stormwater plan. Being no further business, Mayor Cartwright adjourned the Regular Meeting at 7:35 p.m. Approved at the ~'~¢,.;~©~D~C q ,1996, Regular City Council Meeting. Lohise R. Cartwright (:J Mayor 14