HomeMy WebLinkAbout10111995 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 11., 1995- 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL ,4 GENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 MAiN STREET, SEBASTI,4N, 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. CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Jim Wingate - Cornerstone Baptist Fellowship,
Sebastian
4. ROLL CALL
95.168
AGENDA MODIFICATIONS (ADDITIOn,S AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-$3)
PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - National Wildlife Refuge Week - October 8 - 14,
1995 - Accepted by Paul Tritiak, Pelican Island Refuge Manager
95.115
95.158
PUBLIC HEARiNGtFIN_A]~ 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 A ction
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. 0-95-21 - Temporary Use Permit (Director of
Community Development Transmittal 0-95-21, R-95-36, R-95-54)
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. (lst Reading 9/13/95, Advertised 9/19/95,
1st Hearing 9/27/95, Advertised 10/4/95, 2nd Hearing 10/11/95)
ORDINANCE NO. O-95-24 - Changing Permitted Use in CG
Zoning - Temporary Use Permits (Director of Community
Development Transmittal 10/4/95, 0-95-24)
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 SEVER.ABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE. (lst Reading 9/13/95, Advertised 9/19/95,
1st Hearing 9/27/95, Advertised 10/4/95, 2nd Hearing 10/11/95)
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.
Ao
Approval of Minutes - 9/20/95 Special Meeting, 9/27/95 Regular
Meeting, 10/4/95 Workshop, 10/4/95 Workshop, 10/4/95 Special
Meeting
95.169
Vice Mayor Corum - Approve Expenses for Attendance at
Communications Skills for Women Seminar - 11/9/95 (City Clerk
Transmittal 10/4/95, Seminar Info)
95.170
Bid Waiver - Community Development - MITA 5685 Copier -
Lease/Purchase - EGP, Inc. - $359.00 Per Month (Director of
Commtmity Development Transmittal 10/5/95, )
95.171
Bid Waiver - City Clerk Laptop Computer - Not to Exceed
$3,000.00 (City Clerk Transmittal 10/5/95, Proposal List)
95.172
Welcome Wagon Alumnae Club - Request Use of Community
Center - Halloween Party - 10/28/95 - 7 pm to 11 pm - A/B -
Security Pd.- Permittee DOB Jean Brillhart 6/36 (City Clerk
Transmittal 9/28/95, Application)
9. PRESENTATIONS - None
10. COMMITTEE REPORTS/R~COMMENDATiONS
CONSTRUCTION BOARD (Director of Community Development
Transmittal 9/20/95, Four Applications)
95.173
Interview Applicants and Appoint to Regular Concerned
Citizen Position - Unexpired Term to Expire 9/30/97 - Board
Recommends Michael Herbig
95.174
Interview Applicants and Appoint to the Alternate Concerned
Citizen Position - Term to Expire 9/30/98 - Board
Recommends Harold D. Smith
B. PLANNING AND ZONING COMMISSION
95.175
Recommendation - Riverfront Task Force (P & Z Memo
10/3/95, Minutes Excerpt)
11. OLD BUSINESS - None
12. NEW BUSINESS
95.164/
94.208
RESOLUTION NO. R-95-58 - Brian E. Barry Airport Lease (City
Manager Transmittal, R-95-58, Lease, Tabled from 9/27/95)
Motion Required to Remove from Table
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.
95.084
ORDINANCE NO. O-~}.,5-! 6 - Sebastian Christian Church - Tract F -
Unit 17 - Sebastian Highlands (Director of Community Development
Transmittal 10/4/95, O-95-16, Application, P & Z Recommendation,
Map)
1st Reading, Set Public Hearing (Quasi-Judicial)for 11/1/95
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY DESCRIBED AS TRACT F, SEBASTIAN
HIGHLANDS UNIT 17 ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 8, PAGE 46, FROM PS (PUBLIC
SERVICE) TO RS-10 (SINGLE FAMILY RESIDENTIAL); PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
4
95.092
ORDINANCE NO. O-95-18 - Carl Fischer - Old Dixie and U.S. 1
Rezoning (Director of Community Development Transmittal
10/5/95, O-95-18, Application, P & Z Memo 4/21/95, Map)
1st Reading, Set Public Hearing (Quasi-Judicial) for 11/1/95
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED
IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF
.584 ACRES, MORE OR LESS, LYING WEST OF U.S. HIGHWAY 1
AND SOUTH OF OLD DIXIE HIGHWAY, FROM COR
(COMMERCIAL OFFICE RESIDENTIAL) TO CL (COMMERCIAL
LIMITED); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
95.176/
90.087
Request for Eighteen Month Time Extension - Fischer Island
Subdivision Preliminary Plat (Director of Community Development
Transmittal 10/5/95, Application)
95.177/
89.231
Request for Eighteen Time Extension Request - San Sebastian
Springs West Subdivision Preliminary Plat (Director of Community
Development Transmittal 10/5/95, Application)
13.
INTRODUCTION OF NEW BUSINESS FROM TIlE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
14. Clff COUNCIL MATTERS
A. Mrs. Norma Damp
B. Mr. Raymond Halloran
C. Mayor Arthur Firtion
D. Vice Mayor Carolyn Corum
E. Mrs. Louise Cartwright
15.
16.
17.
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL
NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD.
(286.0105 F.$.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
SHOULD CONTACT THE CITY'S ADA CO0~INATORAT 589-5330 AT LEAST 48
HOURS IN ADVANCE OF THIS MEETING.
PUBLIC HEARING SIGN-UP SHEET
OCTOBER 11, 1995 REGULAR MEETING
95.115
ORDINANCE NO, 0-95-21 - Temporary Use Permit (Director of
Community Development Transmittal 0-95-21, R-95-36, R-95-54)
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. (lst Reading 9/13/95, Advertised 9/19/95,
1st Hearing 9/27/95, Advertised 10/4/95, 2nd Hearing 10/11/95)
Address
For ~ Against Information
Name
Address
For Against Information
Name
Address
For
Against Information
95.158
PUBLIC HEARING SIGN-UP SHEET
OCTOBER 11, 1995 REGULAR MEETING
Bo
ORDNANCE NO. 0-95-24 - Changing Permitted Use in CG
Zoning - Temporary Use Permits (Director of Community
Development Transmittal 10/4/95, 0-95-24)
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. (1 st Reading 9/13/95, Advertised 9/19/95,
1st Hearing 9/27/95, Advertised 10/4/95, 2nd Hearing 10/11/95)
Name
Address
For Against Information
Nalll~
Address
For Against Information
Sam~
Address
For
Against Information
PUBLIC INPUT ON AGENDA ITEMS
SIGN-UP SHEET
OCTOBER 11, 1995 REGULAR MEETING
USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA
EXCEPT HEARINGS WHICH HA VE THEIR OWN SIGNUPS SHEETS- TIME LIMIT OF
10 MINUTES PER SPEAKER
Name: ,,,'~,/,~/t,,/', ~' . ,~~'f
Address: 46, b
Agenda Item No. and Title:
Name~
Address:
Agenda Item No. and Title:
Name~
Address:
Agenda Item No. and Title:
Address:
Agenda Item No. and Title:
.................. m----m*~mNm*eee** ......................................... m iilill~NilllNmmmmmm .....
N~rne~
Address:
Agenda Item No. and Title:
N~le~
Address:
Agenda Item No. and Title:
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
OCTOBER 11, 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
Address:
Subject:
Name:
Address:
Subject:
Address:
Subject: ~,.~ ~ ~ ~2~.~
Name:
Address:
Subject:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 11, 1995 - 7:00 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
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 providedprior 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.
Invocation was given by Reverend Jim Wingate, Cornerstone Baptist
Fellowship, Sebastian.
4. ROLI~ CALL
City Council Present;
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corem
Mrs. Louise Cartwright
Mrs. Norma Damp
City Council Absent:
Mr. Raymond Halloran
(excused)
Staff Present:
City Manager, Joel Koford
City Attorney, Clifton McClelland, Jr.
City Clerk, Kathryn O'Halloran
Director of Community Development,
Bruce Cooper
Chief of Police, Earl Petty
Deputy City Clerk, Sally Maio
Regular City Council Meeting
October 11, 1995
Page Two
AGENDA MODIFICATIO~N$ (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)
MOTION by Corum/Cartwright
I move to withdraw item B from the Consent Agenda.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mayor Firtion - aye
MOTION CARRIED 4-0
In response to requests by the City Manager, morions were made as
follows:
MOTION by Comm/Cartwright
I move to add item 12 F under New Business rifled "Police
Department Vehicles".
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 4-0
2
Regular City Council Meeting
October 11, 1995
Page Three
MOTION by Cartwright/Damp
I move to add item 12 G on behalf of the City Manager. (Golf
Course mower purchase)
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - absent
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
MOTION CARRIED 4-0
MOTION by Damp/Cartwright
I move to place item 12H reducing the permit fees from $60 to $30
(for manicurists).
95.168
ROLL CALL:
Mr. Halloran - absent
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 4-0
I~ROCLAMATIONS AND/OR ANNOUINCEMENT~
Proclamation - National Wildlife Refuge Week - October 8 - 14,
1995 - Accepted by Paul Trifiak, Pelican Island Refuge Manager
Vice Mayor Corum read and presented the proclamation to Paul Tritiak.
Mr. Tritiak announced that the festivities at Men-itt Island had been
postponed to October 21 due to the shuffle launch.
Regular City Council Meeting
October 11, 1995
Page Four
95.115
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.
ORDINANCE NOL 0-95-21 - Temporary Use Permit (Director of
Community Development Transmittal O-95-21, R-95-36, R-95-54)
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. (lst Reading 9/13/95, Advertised 9/19/95,
1st Hearing 9/27/95, Advertised 10/4/95, 2nd Hearing 10/11/95)
Mayor Firtion opened the public heating at 7:10 p.m., the City Attorney
read Ordinance No. 0-95-21 by title only and the City Manager gave a
brief staff presentation.
Walter Barnes, 402 Azine Terrace, said although disappointed the Tammy
Wynette concert didn't work out, the City did the right thing in asking
questions.
Mayor Firtion closed the public hearing at 7:12 p.m.
4
Regular City Council Meeting
October 11, 1995
Page Five
MOTION by Cartwright/Corum
I move to adopt Ordinance No. 0-95-21.
Mayor Firtion said he had offered to help but to no avail and Mrs.
Cartwright thanked Walmart and Bruce Bennett for his exhibition of
community spirit.
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - absent
MOTION CARRIED 4-0
95.158
ORDINANCE 1~O~ O-95-24 - Changing Permitted Use in CG
Zoning - Temporary Use Permits (Director of Community
Development Transmittal 10/4/95, 0-95-24)
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. (lst Reading 9/13/95, Advertised 9/19/95,
1st Hearing 9/27/95, Advertised 10/4/95, 2nd Hearing 10/11/95)
Mayor Firtion opened the public hearing at 7:15 p.m., the City Attorney
read Ordinance No. 0-95-24 by title only, and the Director of Community
Development gave a brief staff presentation.
Mayor Firtion closed the public hearing at 7:16 p.m.
5
Regular City Council Meeting
October 11, 1995
Page Six
MOTION by Damp/Cartwright
I move we approve Ordinance No. 0-95-24.
ROLL CALL:
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
- aye
- aye
- absent
- aye
MOTION CARRIED 4-0
95.169
95.170
95.171
95.172
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 - 9/20/95 Special Meeting, 9/27/95 Regular
Meeting, 10/4/95 Workshop, 10/4/95 Special Meeting
Vice Mayor Conun - Apl~ove Expenses for Attendance at
Couununications Skills for Women Sen~na~ - 11/9/95 (City Clerk
Transmit~ t0/4/95, Senfinar Info)
Bid Waiver - Community Development - MITA 5685 Copier -
Lease/Purchase - EGP, inc. - $359.00 Per Month (Director of
Community Development Transmittal 10/5/95, )
Bid Waiver - City Clerk Laptop Computer - Not to Exceed
$3,000.00 (City Clerk Transmittal 10/5/95, Proposal List)
Welcome Wagon Alumnae Club - Request Use of Community
Center - Halloween Party - 10/28/95 - 7 pm to 11 pm - A/B -
Security Pd. - Permittee DOB Jean Brillhart 6/36 (City Clerk
Transmittal 9/28/95, Application)
6
Regular City Council Meeting
October 11, 1995
Page Seven
The City Manager read the consent agenda, with the exception of item B
which had been previously withdrawn by Vice Mayor Comm.
MOTION by Cartwright/Damp
I move to approve all items remaining on the consent agenda.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mayor Firfion - aye
Vice Mayor Corum - aye
MOTION CARRIED 4-0
9. PRESENTATiONS - None
10. COMMITTEE REPORTS/RECOMMENDATIONS
CONST]~UCTION BOARD (Director of Community Development
Transmittal 9/20/95, Four Applications)
95.173
Interview Applicants and Appoint to Regular Concerned
Citizen Position - Uner~Pir~d Term to Expire 9]30/97 - Board
Recommends Michat~l ldcrbig
City Council interviewed Michael Herbig and Harold D. Smith. The other
applicants were not in attendance. Vice Mayor Corem noted that Mr.
Fitzpatrick had withdrawn.
MOTION by CartwfightfDamp
I move to approve the appointment of Michael Herbig to the
concerned citizen position to fill the unexpired term to expire 9/30/97.
Regular City Council Meeting
October 11, 1995
Page Eight
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwfight
- aye
- absent
- aye
- aye
- aye
MOTION CARRIED 4-0
95.174 2.
Interview Applic~ts and Appoint to the Alternate Concerned
Citizen Position - Term to ]~xpire 9/30/98 - Board
Recommends Harold D. Smith
MOTION by Comm/Cartwright
I move to approve Harold D. Smith to the appointment of the
alternate concerned citizen position term to expire 9/30/98.
ROLL CALL:
Mr. Halloran - absent
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 4-0
B. I~LAlX[NIN0 AND ZONING COMMISSION
95.175
Recommendation - Kiverfront Task Force (P & Z Memo
10/3/95. Minutes Excel'pO
The Director of Community Development reiterated Planning and Zoning
recommendation that it did not wish to act as the Riverfront Task Force.
Mayor Firtion suggested setting up a workshop to further address the matter
and Mrs. Cartwright suggested reactivating the Community Redevelopment
Citizen Advisory Task Force. The City Manager said a separate
Architectural Review Board could be established, but that the Task Force
should participate.
Regular City Council Meeting
October 11, 1995
Page Nine
11.
12.
95.164/
94.208
Vice Mayor Corum further recommended that a workshop be set up as soon
as possible.
It was the consensus of City Council to schedule the workshop for January
17, 1996.
OLD BUSINESS - None
NEW BUS!iNgSS
RESOLUTION NO. R-95-58 - Brian E. Barry Airport Lease (City
Manager Transmittal, R-95-58, Lease, Tabled from 9/27/95)
Motion Required to Remove from Table
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.
MOTION by Cartwright/Damp
I move that we remove this from the table, Resolution No. R-95-58.
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - absent
MOTION CARRIED 4-0
9
Regular City Council Meeting
October 11, 1995
Page Ten
Brian Barry, 166 Abeto Terrace, Sebastian, said his lease of parcel B was
tentatively approved on August 1, 1994 subject to Planning and Zoning
approval, that he had gone through the expense of review by other
regulatory agencies and now he had been requested to move his lease 100
feet to the north. He said, for the record, he would be willing if it was
possible to do so at no additional expense to him.
The City Manager said it was his understanding that the move could be
accomplished with no additional cost except a new survey, but if there were
additional expenses they would be relayed to Skydive Sebastian.
The City Attorney provided a new Schedule B, and advised the Council that
it may attach preconditions as follows: 1) authorize the City Manager to
execute the lease with revised Schedule B attached with the insertion on
Schedule B that the date of completion for tenant's improvements shall be
90 days after receipt of written notice of the City Manager that the road
access is available, 2) that the City Manager is authorized to execute the
lease for the new property where the tenant would move unless there are
additional costs that this tenant would incur in moving locations, in that
event, the City Manager would be authorized to execute the lease in its
present location, 3) and that the lease be executed by the tenant at the time
that the City Manager can designate when the road access will in fact be
provided and the City Manager is granted the authority to determine that
date. The City Manager said a new schedule A will be required and the
Director of Community Development said P & Z conditions have to be met.
TAPE I - SIDE II (7:47 p.m.)
MOTION by Damp/Cartwright
I move to adopt Resolution R-95-58 with the authorized changes on
Schedule A and Schedule B according to the information given by our City
Attorney subject to the preconditions that were outlined.
ROLL CALL: Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
MOTION CARRIED 4-0
- aye
- aye
- absent
- aye
I0
Regular City Council Meeting
October 11, 1995
Page Eleven
95.084 B.
ORDINANCE NO. 0-95-16 - Sebastian Christian Church - Tract F -
Unit 17 - Sebastian Highlands (Director of Community Development
Transmittal 10/4/95, O-95-16, Application, P & Z Recommendation,
Map)
1st Reading, Set Public Hearing (Quasi-Judicial) for 11/1/95
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY DESCRIBED AS TRACT F, SEBASTIAN
HIGHLANDS UNIT 17 ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 8, PAGE 46, FROM PS (PUBLIC
SERVICE) TO RS-10 (SINGLE FAMILY RESIDENTIAL); PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
The City Attorney explained that due to recent legislation, small scale land
use amendments no longer need Department of Community Affairs
approval. He then read Ordinance No. O-95-16 by title only.
MOTION by Cam~ght/Damp
I move to accept the first reading of Ordinance No. O-95-16 and set
the public heating for November 1, 1995.
ROLL CALL:
Mrs. Cartwfight - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 4-0
11
Regular City Council Meeting
October 11, 1995
Page Twelve
95.092 C.
ORDINANCE NO. O-95-18 - Carl Fischer - Old Dixie and U.S. 1
Rezoning (Director of Community Development Transmittal
10/5/95, O-95-18, Application, P & Z Memo 4/21/95, Map)
1st Reading, Set Public Hearing (Quasi-Judicial)for 11/1/95
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED
IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF
.584 ACRES, MORE OR LESS, LYING WEST OF U.S. HIGHWAY 1
AND SOUTH OF OLD DIXIE HIGHWAY, FROM COR
(COMMERCIAL OFFICE RESIDENTIAL) TO CL (COMMERCIAL
LIMITED); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-95-18 by title only.
MOTION by Cartwright/Damp
I move to accept the first reading of Ordinance No. 0-95-18 and set
the public hearing for November 1, 1995.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - absent
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
MOTION CARRIED 4-0
12
Regular City Council Meeting
October 11, 1995
Page Thirteen
95.176/ D.
90.087
Request for Eighteen Month Time Extension - Fischer Islall(l
5ubdi~sion Preliminary Plat (Director of Community Development
Iransmittal 10/5/95, Application)
The Director of Community Development briefly explained the request and
recommended extension of eighteen months from this date.
MOTION by Cartwright/Comm
I move to approve a time extension of eighteen months fi'om October
11, 1995 for Fischer Island Subdivision.
The City Attorney advised that the code currently states the subdivision
may be revoked if final plat is not submitted within eighteen months,
therefore, needs to be changed to will be revoked.
ROLL CALL:
Mr. Halloran - absent
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 4-0
95.177/
89.231
Eo
Request for Eighteen Time Extension Request - San Sebastian
~ngs West Subdivision Preliminary Plat (Director of Community
Development Transmittal 10/5/95, Application)
MOTION by Damp/Cartwright
I move to approve a time extension of eighteen months for San
Sebastian Springs West from October 11, 1995.
13
Regular City Council Meeting
October 11, 1995
Page Fourteen
ROLL CALL:
Mayor Firtion
Vice Mayor Corum
Mrs. Cmwright
Mrs. Damp
Mr. Halloran
- aye
- aye
- aye
- absent
MOTION CARRIED 4-0
95.178
F. Police Department vtbides
This item was added to the agenda under Agenda Modifications.
The City Manager had previously distributed backup relative to purchase of
eight used 1994 Crown Victoria police vehi¢lesfor $14,500 each (see
attached). Chief Petty explained his request and stated the warranty still
has 24 months and/or whatever mileage remains.
MOTION by Damp/Cartwright
I move that we purchase the eight vehicles for a total of $14,500 per
car for the Police Department and waive the bid requirement.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwfight - aye
Mrs. Damp - aye
Mr. Halloran - absent
Mayor Firtion - aye
MOTION CARRIED 4-0
14
Regular City Council Meeting
October 11, 1995
Page Fifteen
95.179
G. Golf Course Equipment Purchase
This item was added to the agenda under Agenda Modifications.
The City Manager distributed a letter from ISS (see attached) he received
today, said the City's 1987 mower has been down for repairs with an
estimated cost of $2000 for repair, and said a demo mower had been found
at Piper Inc. for $12,500, noting the price is good until October 18.
Vice Mayor Corum recommended waiting until contract negotiations with
iSS are completed.
MOTION by Corum/Cartwright
I move to deny the request to buy a mower for the Golf Course
because it would break the City's contract.
ROLL CALL: Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
- absent
- nay
- aye
MOTION TIED 2-2 (No Vote)
95.043
H. Occupational License Fees
This item was added to the agenda under Agenda Modifications.
The City Manager noted that the occupational license fee for manicurists
was increased from $20 to $60 and for cosmetologists from $10 to $30 and
questioned the rationale.
Mrs. Cartwright suggested those fees be changed to be in line with barber
shops and beauty shops relative to salaried employees and/or
subcontractors.
The City Attorney said he understood Council direction.
15
Regular City Council Meeting
October 11, 1995
Page Sixteen
13.
INTRODUCTION OF NEW BU$I1NESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each
speaker
Warren T. Zeuch, III, 502 Periwinkle Drive, Sebastian, distributed a
multitude of documents alleging official misconduct and falsification of
records by the Director of Community Development.
Walter Barnes, 402 Azine Terrace, Sebastian, discussed engineering
consultant costs vs. paying a City Engineer; recommended changing
procedures to eliminate public perceptions about why Council doesn't
respond to questions; inquired about solutions to stop 18 wheelers coming
out of the groves from using South Wimbrow; and expressed coneem that
so few people showed up for John Hill's presentation to the homeowners'
association.
Richard Taracka, 1320 Coverbrook Lane, Sebastian, expressed concern for
the lack of lights at the Barber Street Sports Complex field used by the
Panthers.
Brace Cooper, Director of Community Development, responded to Mr.
Zeuch's allegations, stating they stem from years of allegations by Leonard
Bassi and that his records are clean.
14. CITY COUNCIL MATTERS
A. Mrs. N.0rllaa Damp
Mrs. Damp urged people to contact Sue Stiles, American Cancer Society, to
participate in the Move-Along-A-Thon in Fellsmere.
B. Mr. Raymond_Halloran
Absent.
16
2
Regular City Council Meeting
October 11, 1995
Page Seventeen
C. Mayor Arthur Firtion
Mayor Firtion announced that the City Manager met with Indian River
County Recreation and will report at a later date on its offer of assistance;
and announced the November 11, 1995 golf tournament at the Sebastian
Municipal Golf Course.
D. Vice Mayor Carolyn Corum
Vice Mayor Corum inquired about the lights at the Barber Street Sports
Complex football field; requested Council consensus to have staff establish
a regular maintenance program for the Creative Playground to which the
City Manager said he would look into it and Mrs. Cartwright said she
would submit a list of items; urged people to be placed on Council agendas
if they wish to obtain responses from Council; and suggested City Hall use
both sides of papers to conserve.
E. Mrs. Louise Cartwrigl~t
Mrs. Cartwright noted that the Panthers has its own lights and is waiting for
Council direction; and inquired about trucks on DelMonte to which the
Director of Community Development responded there may be a solution by
next week.
15. CITY ATTORNEY MATTERS
The City Attorney, subsequent to a brief explanation of a problem that has
arisen relative to Sebastian Lakes and required fight-of-way for the
extension of Roseland Road, received a consensus of City Council to draft
an ordinance to allow for exchanges of property.
17
Regular City Council Meeting
October 11, 1995
Page Eighteen
16. CITY MANAGER MATTERS
The City Manager reported on renovations in City Hall to accommodate Human
Resources; requested Council members to submit its choices for 4th of July Chair;
discussed proposed lighting at the Panthers' field; and said Indian River County
recreation will be presenting a proposal in the near future.
17.
Being no further business, Mayor Firtion adjourned the Regular Meeting at
9:08 p.m.
Approved at th~~-~
Meeting.
~' ,1995, Regular City Council
Kathryn/ql. O'Halloran, CMC/AAE
City Clerk
18