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HomeMy WebLinkAbout101719847~PUB_LIC HEARINGS, BID OPENING AND REGULAR CITY COUNCIL MEETING OCTOBER 17, 1984 PUBLIC HEARING OCTOBER 17, 1984 MAYOR GALLAGHER CALLED THE MEETING TO ORDER AT 7:00 P.M. PRESENT: VICE MAYOR DOROTHY MCKINLEY COUNCILMAN RICHARD SZELUGA COUNCILMAN KENNETH ROTH COUNCILWOMAN LINDA KEENAN MAYOR JIM GALLAGHER COUNCILWOMAN LINDA KEENAN LEAD THE AUDIENCE AND COUNCIL IN THE PLEDGE OF ALLEGIANCE TO THE FLAG. COUNCILWOMAN KEENAN REQUESTED THAT THE PUBLIC REMAIN STANDING FOR A MOMENT OF SII_~i' PRAYER FOR AL PELTIER AS HIS WIFE HAD PASSED AWAY THIS MORNING. MAYOR GAII.AGHER STATED THAT THE FIRST PUBLIC HEARING WAS ON ~tE DEVELOPMENT REGIONAL IMPACT FOR SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT AND REQUESTED ANY COMMENTS FROM THE PUBLIC BE MADE AT THIS TIME. MR. LLOYD RONDEAU STATED HIS CONCERNS REGARDING THE DEVELOPMENT OF THE PUD'S FURTURE ON THE SEBASTIAN AIRPORT THAT WOULD OCCUR Ib~dEDIATELY AFTER CONSTRUCTION OR IN THE FUTURE. HIS CONCERN LIES WITH THE AIRPORT CONS~IO.~--D~-T~-~XI~'~f~N OF RUNWAY 422 TO 1000' AND THAT THE RUNWAY WOULD COME WITHIN 150U~F THE'TEAZ'LO~. MAYOR GALLAGHER STATED THAT THE S~AFFp~AD ~LRF~D~i,CO~~ THIS ASPECT AND THAT THE CITY ' ~ , THAT THERE WOULD BE NO BUILDINGS COULD POSSIBLY REQUEST A CLEAR ZOnE CONSTRUCTED UNDER THE FLIGHT PATH.K._../ _ _ 'MR. ROGER FLOWERS STATED THAT HE DID NOT K~IiWWHYTME CITY WOULD EVER CONSIDERTHE EXPANSION OF THE AIRPORT AS THE AREA SURROUNDING 7~k~f H~LARGER AIRPORTS WITHIN VER0 BEACH AND MELBOURNE. ~ · MAYOR GALLAGHER STATED THAT THE CITY WOULE CONSZD]gR ENIARGING AND EXPANDING THE RUNWAYS OF THE AIRPORT FOR COMPLAINCE WITH THE FEDE~AiA~ION ADMINISTRATION SO THAT WE WOULD BE ELEGIBLE FOR GRANT MONEYS. JOHN VAN ANTWER~A~S~AN ~o~CIP~R~TATED T~ THF-~RT AND STAFF LEVELS HAD CONS[IIIE~ A ~JMBL~t[[~F ]CONSItDt~.A~IC~NCEJDI~G T~E ~ Z~E[I ~ ~SION 0F ~ R~AY ~ECO~m ~ ~[9~~E BE P~VIDE) F~R]~ ~ ~ S~U~E BE CONS~U~ L~ ~2G~ ~ ~[UGL~T %~ COINCIL/~F~ ~ F~E OF ~ GRO~ ~AT,_R~T~ ~ ~ __ __ ~ _~ ~. RESE V~ D~ORDE~ ~ OF ~ AIRPORT ~VISORY BO~ STAT~ ~T ~ ~ ~ BO~D ~S ~E IS 100~ AGRE~ ~I~ ~ CO~S OF ~. V~ ~P ~ WO~ LIKE TO RECO~ ~T ~ COUNCIL ~ PAGE V-12 OF ~ ~S~E COAST R~iOS~ ~SING CO~CILS RECO~ATIONS. MR. ALBERT CHALOUX, RESIDENT, QUESTIONED AS TO WHETHER THE RE-ALIGNMENT AND WIDENING OF MAIN STREET WAS STILL A PART OF THE DISCUSSION REGARDING THIS PROJECT. MAYOR GALLAGHER STATED THAT THE AGREMMENT TO SWAP LAND FOR THERE-ALIGNMENT AND WIDENING OF MAIN STREET WAS BEING DONE BY THE DEVELOPER AND THE CITY AND THAT THE DEVELOPER WOULD BE RESPONSIBLE FOR ALL THE COST INCURRED iN THIS MATTER. THERE BEING NO FURTHER COMMENTS FROM THE PUBLIC MAYOR GALLAGHER CLOSED THE PUBLIC HEAR- ING AT 7:26 P.M. MAYOR GAI.1AGHER OPENED THE REGULAR COUNCIL MEETING AT 7:26 P.M., TO CONSIDER THE ISSUANCE OF THE DEVELOPMENT ORDER FOR THE SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT, AS REQUIRED BY FLORIDA LAW. MAYOR GALLAGHER STATED THAT HE FELT IT WOULD BE ADVISABLE FOR THE COUNCIL TO OPEN THE FLOOR FOR DISCUSSION PRIOR TO THE MOTION TO APPROVE OR DENY THE ISSUANCE OF A DEVELOP- MENT ORDER FOR THE SAINT SEBASTIAN PLANNED UNIT DEXZEq_OPMENT. MAYOR GALLAGHER STATED THAT THE STAFF HAD REVIEWED THIS PROJECT AND THAT THE FOLLOWING RECOMMENDATIONS WERE BEING MADE FOR CONSIDERATION BY THE COUNCIL: THAT ADDITIONAL ACCESS BE PROVIDED TO MAIN STREET: A CLEAR ZONE BE PROVIDED IN THE AREA OF RUNWAY 422 OF THE SEBASTIAN AIRPORT; HOUSING SURROUNDING THE CLEAR ZONE BE REQUIRED TO USE INSULATION A SET BY H.U.D.; IF THE CITY SHOULD IN THE FUTURE HAVE WATER AND SEWER THE PROJECT WOULD CONNECT; BE PERMITTED TO DISCHARGE EFFULENT ONTO THE GOLF COURSE AND APPROVED BY D.E.R. AND RECOMMENDED BY TREASURE COAST REGIONAL PLANNING COUNCIL; ADOPT THE RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION OF THE CITY; THAT THE DEVEIDPER BE REQUIRED TO RESTORE MAIN STREET TO ITS ORIGINAL CONDITION AFrER CONSTRUCTION AND THAT ONLY U.S. #1 TO MAIN STREET AND MAIN STREET TO U.S. #1 BE ALLOWABLE ROUTE FOR CONSTRUCTION VEHICLES UNTIL AN ADDITIONAL ACCESS IS PROVIDED; ADOPT ALL RECOMMENDATIONS OF THE TREASURE COAST REGIONAL PLANNING COUNCIL'S. MINUTES: PAGE 2 PUBLIC HEARING OCTOBER 17, 1984 COUNCILMAN ROTH REQUESTED THAT A DOLLAR AMOUNT BE LISTED FOR THE COST OF ROADS AND RE-ALIGNMENT. MAYOR GALLAGHER STATED THAT AT THE PRESENT TIME THE DEVELOPER WAS NOT SURE OF THE LOCATION OF THE ACCESS AND THAT IT WOULD BE ALMOST IMPOSSIBLE FOR A PRECISE DOLLAR AMOUNT TO BE LISTED. MAYOR GALLAGHER STATED THAT THE COUNCIL COULD AT THIS TIME WITH THE RECOMMENDATIONS ORDER THAT A DRAFT OF THE DEVELOPMENT ORDER BE PREPARED AND THE COUNCIL ADOPT THE FINAL DRAFT AT A MEETING IN THE FUTURE. ATTORNEY PALMER EXPLAINED THAT THIS ORDER WOULD BE BROAD AND THAT THE FINAL DRAFT BE APPROVED LATER. MR. EDWARD VICK, SEBASTIAN GROUP L.T.D., STATED THAT THE STAFF RECOMMENED THAT THE DEVEIDPMENT PROVIDE A 450' x 500' CLEAR ZONE AND IT WAS AGREED UPON AND THAT THE TOTAL AMOUNT OF LAND WOULD BE APPROXIMATELY 5 TO 6 ACRES AND IT WOULD BE DEDICATED TO THE CITY AS EITHER A OPEN PARK, FISHING HOLE AND THAT THE RIGHTS TO THE AIR ABOVE THE PARK, OPEN AREA, WOULD ALSO BE DEDICATED TO THE CITY. MR. VICK ADDED THAT ~ DEVELOPER WOULD BE GIVING UP THE AIR RIGHTS; AN AIR ENVELOPE: THE INSULATION OF THE HOUSING AS REQUIRED BY H.U.D. AND THAT THE DEVELOPER HAD A CONFLICT WITH F.E.C. AND DAVIS ROAD AND THAT THEY WILL LPROVIDE AN ACCESS ROAD, AS PROMISED. COUNCILMAN SZELUGA STATED THAT HE HAD A PROBLMM WITH ALL CONSTRUCTION BEHICLES USING U.S. #1 TO MAIN STREET AND MAIN STREET TO U.S. #1; DAVIS ROAD WAS ONLY A PROPOSED USAGE AND THE RAILROAD CROSSING WOULD ONLY BE AVAILABLE UNTIL 1990; AND REQUESTED THAT THE COUNCIL HAVE THE ADDITIONAL ACCF_~S PROVIDED PRIOR TO THE PROPOSED DATE. MR. HENRY MUELLER STATED THAT HE ' 2NT__EREST IN OPOSED DEVELOPMENT OF SAINT SEBASTIAN, NOT FINANCIALLY, AND REFERENCED THAT MAIN ~T~EET AND U.S. ~1, AS MAIN THOROUGHFARE AND HE AGREED WITH %tt~ ~St/JCTIO{ VEHIC}Ep NOT BE ALLOWED TO TRAVEL THROUGH THE HIGHLANDS IN RESIDENT~AL-'~FAS. MR. MUEL~t~ STATED THAT THE WIDE/qlNG AND RE-ALIGNMENT OF MAIN STREET WAS OF"~Ot~NT IMPORTANL~B~ AND THAT THERE WOULD BE LESS DANGER FOR RESIDENTS TO USE MAIN STREET THAN ALTERNATE ROUTES AT THE PRESENT TIME AND THAT THERE WOULD BE NO IMPACT OF THE VE~ S8~ OF THE DEVELOPMENT. COUNCILMAN ROTH QUESTIONED MR. MUELLER ON THE ~TRP~-SYSTSM PROPOSED FOR CONSIDERATION BY THE CITY FOR WATER AND SEWER. F~ MR. MUELLER STATED THAT HE HAD HEARD OF~Y~, HOWEVER, HE HAD ENGINEERS TO DO HIS WATER AND SEWER SYSTMMS AND RIVER'S RUN. VICE MAYOR MCK~ST~] i-_~-----~CO~ T~R~-----~_[--TION~--~ P~~ AND ZONING MR.MUELLER ~ DENT]AL ~ CONSTRUCTION COSTS OF AN ~VER, %~KRE W~S 9~CONL~N-?C~I~ THE NEIGHBORS AND IT WOULD BE GOOD TO CREATE FRIENDSHIP AND NOT TO CREATE ANY ADDITIONAL HARDSHIPS. MAYOR GALLAGHER STATED THAT THE DEVEIDPMM~ ORDER SHOULD REQUIRE THAT THE DEVELOP~ PROVIDE FOR ADDITIONAL ACCESS TO THE PROPERTY OTHER THAN MAIN STREET AND THIS WAS ALSO A RECOMMENDATION BY THE TREASURE COAST REGIONAL PiANNING COUNCIL. MAYOR GALLAGHER STATED THAT THE CITY COULD REQUIRE ANYTHING ADDITIONAL IN ITS DEVELOPMENT ORDER AND THAT THEY DID NOT HAVE TO ADOPT ONLY THE TREASURE COAST REGIONAL PIANNING COUNCILS RECOMMENDATIONS. ATTORNEY PAIMER STATED THAT THE COUNCIL COULD DIRECT A DEVELOPMENT ORDER BE DRAFTED AND BE BROUGHT BACK TO COUNCIL FOR FINAL APPROVAL. COUNCIIMAN SZELUGA QUESTIONED THE EFFULENT PROPOSED TO BE PUMPED ONTO THE GOLF COURSE. MAYOR GALLAGHER STATED THAT THE EFFULENT WOULD BE REGULATED BY THE ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT. MR. JOE ONG, ENGINEER FOR THE PROJECT, FRIEFLY EXPLAINED THAT THE GOLF COURSE COULD HANDLE THREE TIMES THE AMOUNT OF EFFULENT OF THE DEVELOPMENT AND THAT THERE WOULD BE DEDUCTIONS IN THE COSTS OF FERTILIZERS USED ON THE GOLF COURSE. MAYOR GA].]AGHER STATED THAT IF THERE WERE NO OTHER QUESTIONS FROM THE COUNCIL THEN A MOTION WOULD BE IN ORDER TO APPROVE OR DENY THE ISSUANCE OF A DEVELOPMENT ORDER FOR THE SAINT SEBASTIAN PLANNED UNIT DEVELOFMENT. MAYOR GALLAGHER SUGGESTED IF THE COUNCIL HAD NO OBJECTIONS HE WOULD MAKE THE MOTION SINCE HE HAD ALL THE RECOb~MENDATIONS IN FRONT OF HIM. THERE BEING NO OBJECTIONS FROM THE COUNCIL THE FOLLOWING MOTION WAS MADE: MOTION BY MAYOR GALLAGHER, SECONDED BY VICE MAYOR MCKINLEY, THAT ATTORNEY PALMER BE DIRECTED TO DRAFT A DEVELOPMENT ORDER FOR THE SAINT SEBASTIAN PLANNED UNIT DEVEiDPM~ INCLUDING, BUT NOT LIMITED TO, ALL THE RECOMMENDATIONS THAT WERE MADE BY THE TREASURE COAST PLANNING COUNCIL IN THEIR REPORT AS WELL AS BY THE PLANNING AND ZONING COb~MISSION OF THE CITY OF SEBASTIAN AND INCORPORATE iNTO THAT DEVELOPMENT ORDER PROVISIONS FOR A CLEAR ZONE FOR THE AIRPORT RUNWAY, AN AIR ENVELOPE WITH DEED RESTRICTIONS, REQUIREMENTS FOR INSULATION OF BUILDINGS; ALSO, PROVISIONS FOR REIMBURSEMENT TO THE CITY FOR ANY COSTS IN THE DISPOSING OF EFFLUENT ON THE GOLF COURSE IN THE EVENT THAT /HE CiTY DOES NOT HAVE A PUBLIC FACILITY WHICH THE DEVELOPER WILL CONNECT TO; ALSO, ADDITIONAL ACCESS AND EXIT TO THE PROPERTIES FROM SOME OTHER MAJOR ARTERY THAN MAIN STREET~ EITHER ROSELAND MINUTES: PAGE 3 PUBLIC HEARING OCTOBER 17, 1984 ROAD OR ROUTE 1; ALSO, THAT THE DEVEiOPMMNT ORDER INCLUDE CONFORMANCE TO ANY HAZARD ORDINANCE THAT THE CITY MAY INSTITUTE IN THE FUTURE AS FAR AS THE AIRPORT IS CONCERNED: ALSO, THE RESTRICITION OF CONSTRUCTION VEHiCUlAR TRAFFIC ON EAST STREET AND FLMMING STREET AND STREETS RUNNING THROUGH OCCUPIED AND BUILT -UP RESIDENTIAL AREAS TO THE SOUTH OF THE DEVELOPMENT; ALSO, THAT THE DEVELOPER WILL, IF MAIN STREET WILL BE USED, WILL RE-ALIGN MAIN STREET PRIOR TO THE BEGINNING OF ANY CONSTRUCTION EQUIPMENT BEING USED SO THAT WE DON'T HAVE THE PROBLMM WITH THE CURVES ON MAIN STREET WITH TRUCKS AND POST OFFICE USERS AND ANYONE ELSE GOING AROUND THOSE CURVES WITH THE HEAVY EZUIPMENT USING THE STREET, SO THAT WOULD BE THE FIRST PHASE; ALSO THAT THE RECONSTRUCTION AS RECOb4MENDED BY PLANNING AND ZONING TO ITS ORIGINAL CONDITION BOTH MAIN STREET OR ANY STREET THAT'S BEING USED IN THE CITY AT THE END OF CONSTRUCTION INCLUDE ALSO THE RAILROAD CROSSING ON MAIN STREET WHICH IS SCHEDULED TO BE RE-CONSTRUCTED THE END OF NOVt!MBER (IF THAT GETS DAMAGED THEY'RE NOT GOING TO COME BACK AND FIX IT FOR US SO SOMEBODY'S GOING TO HAVE TO TAKE CARE OF THAT IF THAT GETS EXTENSIVELY DAMAGED - INCLUDE THAT AS PART OF THE ROAD RENOVATION); ALSO, INCLUDE PROVISIONS FOR ADDITIONAL PATROLS AND FIRE TRUCK AND EQUIPMENT AND BUILDING; ALSO, THAT THE DEVELOPER WILL ASSIST, AT LEAST COME HALF-WAY, IN PROVIDING A LEGAL REPRESENTATIVE TO WORK WITH THE CITY ATTORNEY IN DRAFTING THIS DEVELOPMENT ORDER; AND ANYTHING ELSE THAT MAY COME UP THAT THE CITY ATTORNEY FEELS IS IMPORTANT TO BEING TO THE COUNCIL WITH THE FINAL DRAFT. ROLL CALL VOTE: AYES: VICE MAYOR MCKINLEY COUNCILMAN SZELUGA COUNCILMAN ROTH COUNCILWOMAN KEENAN MAYOR GALLAGHER NAYS: NONEF.w~_ ~____~ ~ MAYOR GALLAGHER STATED THAT THE V. REQIY~STED PRESENT TO THE MEMBERS OF THE PARBNT CHIL) WATCH PROGt MR. ROY KENNY, COMMANDER, V.F.W. I~~D TO SANDY RI WALKIE TALKIES INCLUDING BATTERIES ~ A ~ ~ WARR ~~. DURING MOTION CARRIED. THE COUNCIL MEETING TO gDO WITH TEN BRAND NEW HAND HELD MRS. SANDY RIZIO, PRESIDENT, PARENT CHINCH ~RAM, THANKED THE V.F.W. FOR THEIR KIND DONATION AND ALL THE MANY VOLUNTEERS '~dO~ DON$TED SO MUCH TiME TO THE PROGRAM AND HOW MUCH THE HAND HELD WALKIE TALKIES WC~JlD KELP ~ PROGRAM AND VOLUNTEERS. MAYOR GALLAGHER CALLED THE PUBLIC HEARIN~ %0 ~RDE~ AT8:20 P.M. ATTORNEY PAI~ READ BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE COMPREHENSIVF~LAN J~GN~ ~AO~CO~R_)~ )b'PlERCTAI-, OFFICE=DENT_I~ (CG) COMMERCIAL GEN pR _¢ 07 b2J 2, SEC I.O 6, T WN$_HIP 31 SOUTH, RANGE 39 EAST, O S_-_Nq_16.2 (PARCEL NC. 4 SO A ING THE COMPRmENSIVE m> ' ES GNarICN'FR TC (co )/9o Mmqz m OFFICE RESIDENTIAL FOR A CEL[ F , 2 ANp OF TRACT D LYING SOUII{ OF ~I~TREET]OP ~ '~BDIVI5IO~, m~ ~E~D~DD i~ ?%AT BOOD 5, PAGE 58, PUBLIC RECORDS~I~IFi~ ~]_ORIDK, CC~i'S'ING~.8~C~, MORE OR LESS (PARCEL NO 2); ALSO AMENDING THE COMPREHtlNSIVE PLAN DESIGNATION FROM COUNTY A-AGRICULTURAL ~0 (MD) MULTI-FAMILY FOR A PARCEL OF LAND PARTLY IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND PARTLY IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 FAST, COMPRISING 12.58 ACRES, MORE OR LESS, AlL IN INDIAN RIVER COUNTY, FLORIDA, PROVIDING AN EFFECTIVE DATE. MAYOR GALLAGHER EXPLAINED THAT THIS WAS THE PARCEL OF LAND LOCATED DIRECTLY ACROSS THE STREET OF THE CITY HALL AND SOUTH TO THE POST OFFICE. THERE BEING NO COMMENTS FROM THE PUBLIC, MAYOR GALLAGHER CLOSED THE PUBLIC HEARING AT 8:22 P.M. MAYOR GALLAGHER CALLED THE REGULAR COUNCIL MEETING TO ORDER AT 8:22 P.M. ATTORNEY PAIMER READ FOR THE SECOND AND FINAL TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMDNEING THE COMPREHENSIVE PLAN DESIGNATED FROM (COR) CObi~ERCIAL OFFICE RESIDENTIAL TO (CG) COb~4ERCIAL GENERAL FOR A PARCEL OF LAND IN GOVERNMENT LOT 3, SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, COMPRISING 16.2 ACRES, MORE OR LESS (PARCEL NO. 1); ALSO AMENDING THE COMPREHENSIVE PLAN DESIGNATION FROM LIMITED DENSITY (LD) TO (COR) COMMERCIAL OFFICE RESIDENTIAL FOR A PARCEL OF LAND BEING ALL OF BLOCKS 1 AND 2 AND THAT PORTION OF TRACT D LYING SoLrrH OF MAIN STREET OF SEBASTIAN GARDENS SUBDIVISION, AS RECORDED IN PLAT B00D 5, PAGE 58, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, COMPRISING 7.8 ACRES, MORE OR LESS (PARCEL NO. 2); ALSO AMENDING THE COMPREHENSIVE PLAN DESIGNATION FROM COUNTY A-AGRICULTURAL TO (MD) MULTI- FAMILY FOR A PARCEL OF LAND PARTLY IN THE NORTHEAST OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND PARTLY IN THE NORTHWEST QUARTER OF THE SOUTH- WEST QUARTER OF SECTION 6, TOWNSHIP 31 SOUYH, RANGE 39 EAST, COMPRISING 12.58 ACRES, MORE OR LESS, ALL IN INDIAN RIVER COUTNY, FLORIDA; PROVIDING AN EFFECTIVE DATE. MINUTES: PAGE 4 PUBLIC HEARING OCTOBER 17, 1984 MOTION BY VICEMAYOR MCKINLEY, SECONDED BY COUNCIIMAN SZELUGA, TO ADOPTTHE SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE COMPRE- HENSIVE PLAN DESIGNATED FROM (COR) COMMERCIAL OFFICE RESIDENTIAL TO (CG) CO~MERCIAL GENERAL FOR A PARCEL OF LAND IN GOVERNMENT LOT 3, SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, COMPRISING 16.2 ACRES, MORE OR LESS (PARCELNO. 1); ALSO AMENDING THE COMPRE- HENSIVE PLAN DESIGNATION FROM LIMITED DENSITY (ID) TO (COR) COMMERCIAL OFFICE RESIDENTIAL FOR A PARCEL OF LAND BEING ALL OF BLOCKS 1 AND 2 AND THAT PORTION OF TRACT D LYING SOUTH OF MAIN STREET OF SEBASTIAN GARDENS SUBDIVISION, A RECORDED IN PLAT BOOK 5, PAGE 58, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, COMPRISING 7.8 ACRES, MORE OR LESS (PARCEL NO. 2); ALSO, AMENDING THE COMPREHENSIVEPIAN DESIGNATION FROM COUNYYA-AGRI- CULTURAL TO (MD) MILTI-FAMILY FOR A PARCEL OF LAND PARTLY IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND PARTLY IN THE NORTHWEST QUARTER OF T~ SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, COMPRISING 12.58 ACRES, MORE OR LESS, ALL IN INDIAN RIVER COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR MCKINLEY COUNCILMAN SZELUGA COUNCIIPtANROTH COUNCILWOMAN KEENAN MAYOR GALLAGHER NAYS: NONE MOTION CARRIED. MAYOR GALLAGHER CALLED THE PUBLIC HEARING TO ORDER AT 8:25 P.M. ATTORNEY PAIMER READ BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING ORDINANCE 202, AS AMENDED.~_~IE $~~ ~ OF SEBASTIAN, BY REZONING APPROXIF~.~I~ 26,2~ 0 6, TOWNSHIP 31 SOUTH, RANGE 39 EAS~,t4~R~ C-1 (RETAi REZONING APPROXIMATELY 7.8 ACRES ~5 LAND BEING ALL Ot OF TRACT D LYING SOUTH OF MAIN. S/qEA]7-~F SEBAStiaN GA (MULTI-FAMILY) TO C~i (RETAIL), A~S~ZONZNG ~PPROXI1 IN THE NORTHEAST QUARTER OF THE SOUT~EAST-~UARrE'R OF ~ ~QNING ORDINANCE OF THE CITY \I~D IN GOVERNMENT LOT 3, SECTION c-2 (COMMERCIAL); ALSO BLOCKS 1 AND 2 AND THAT PORTION ~D~NS SUBDIVISION, FROM R-2 lAtELY 12.58 ACRES OF LAND PARTLY ~'5-CTION 1, TOWNSHIP 31 SOUTH, RANGE 39 FAST, AND PARTLY IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, FROM ~ ~ICUL~ TO R-2 (MULTI-FAMILY); SAID PARCELS OF LAND ARE LOCATED SOUTH DF q~AIN Sq~TEET AND GENERALLY SOUTH AND SOUTHWEST OF THE CITY HALL OF THE CiTY OF SEBASTLkN tN Ib])L~ RIVER COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. ~ I ~ · MR. SCHUSTER, RESIDENT, STATED TO THE C~ ~'JJ CONCERN REGARDING A PROPOSED SHOPPING CENTER AND THE NEW DEVEtD~ THE COUNCIL HAD JUST APPROVED AND THE AMOUNT OF TRAFFIC GF2fERATED BY TH~ %DTWO DEVEJ '3PMENTS AhiD-THE~TI~ P~I '?'S ~~ ~0'~ OFFICEALREADY ESTABL~Stnm ~T i}{E~~~A MAYOR GALLAGHERN~E£ S CONCERNED ABO OF TRAFFIC THAT IS AND WOF %B C E mAY Y]T E S THAt IS W __ C UN IL WAS REQUIRING THE ~PERS-1]O W1t~r2/~ R$-[kLI~'~AiN STREET. M~5[OR~ G~flEI ALSO EXPLAINED THAT I]FI~ AKE~ .5~ ST~ET%TAS L~D AS ~OMME_YCI;~--AN~OT-RE'%'2DENTAIL. THERE BEING NO ADDITIONAL COHOS FROM THE PUBLIC, MAYOR GAI3AGHER CLOSED THE PUBLIC HEARING AT 8:37 P.M. MAYOR GALLAGHER CALLED THE COUNCIL MEETING TO ORDER AT 8:37 P.M. ATI~RNEY PALMER READ FOR THE SECOND AND FINAL TIME AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING ORDINANCE 202, AS AMENDED, THE SAME BEING THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN, BY REZONING APPROXIMATELY 16.2 ACRES OF LAND IN GOVERNMENT lOT 3, SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, FROM C-1 (RETAIL) TO C-2 (COMMERCIAL).; also rezoning approximately 7.8 ACRES OF LAND BEING ALL OF BLOCKS 1 AND 2 AND THAT PROTION OF TRACT D LYING SOUTH OF MAIN STREET OF SEBASTIAN GARDENS SUBDIVISION, FROM R-2 (MULTI-FAMILY) TO C-1 (RETAIL); ALSO REZONING APPROXIMATELY 12.58 ACRES OF LAND PARTLY IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND PARTLY IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, FROM COUNTY A-AGRICULTURAL TO R-2 (MULTI-FAMILY); SAID PARCELS OF LAND ARE LOCATED SOUTH OF MAiN STREET AND GENERAI,IY SOUTH AND SOUTHWEST OF THE CITY HALL OF THE CITY OF SEBASTIAN IN INDIAN RIVER COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. MINUTES: PAGE 5 PUBLIC HEARING OCTOBER 17~ 1984 MOTION BY VICE MAYOR MCKINLEY, SECONDED BY COUNCILMAN ROTH, TO ADOPT THE SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING ORDINANCE 202, AS AMENDED, THE SAME BEING THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN, BY REZONING APPROXIMATELY 16.2 ACRES OF LAND IN GOVERNMENT LOT 3, SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, FROM C-1 (RETAIL) TO C-2 (COb~MERCIAL); ALSO REZONING APPROXIMATELY 7.8 ACRES OF LAND BEING ALL OF BLOCKS 1 AND 2 AND THAT PORTION OF TRACT D LYING SOUTH OF MAIN STREET OF SEBASTIAN GARDENS SUBDIVISION, FROM R-2 (MULTI-FAMILY) TO C-1 (RETAIL); ALSO REZONING APPROXIMATELY 12.58 ACRES OF LAND PARTLY IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND PARTLY IN THE NORTHWEST QUARTER OF THE SO--ST QUARTER OF SECTION 6, TOWNSHIP 31, SOUTH, RANGE 39 EAST, FROM COUNTY A-AGRICULTURAL TO R-2 (MULTI-FAMILY); SAiD PARCELS OF LAND ARE LOCATED SOUI~ OF MAIN STREET AND GENERALLY SOUTH AND SOUTHWEST OF THE CITY HALL OF THE CITY OF SEBASTIAN IN INDIAN RIVER COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. AFTER SOME DISCUSSION REGARDING THE RE-ZONING AND CHANGE IN THE COMPREHENSIVE LAND USE PLAN THE FOLLOWING MOTION WAS MADE. MOTION BY COUNCILMAN ROTH, SECONDED BY COUNCIIMAN SZELUGA, TO POSTPONE THE ADOPTION OF THE ORDINANCE REZONING THE PROPERTY AND RECOMMEND THAT THE PLANNING AND ZONING AND POLICE DEPARTMENT SUBMIT RECOMMENDATIONS TO THE COUNCIL. ROLL CALL VOTE: AYES: COUNCILMAN SZELUGA COUNCIIJV[AN ROTH ANYS: VICE MAYOR MCKINLEY COUNCILWOMAN KEENAN MOTION FAILED. RE-ZONING ORDINANCE HE WANTED TO MAYOR GALLAGHER STATED THAT THIS HAD BEEN ~ED O~_4T STAFF LEVEL AND THAT THE DEVELOPERS WERE WORKING WITH THE CITY AND THE MOST C~R]kEMU_ S_U~,~STION WAS TO OPEN THE ACCESS FROM MAIN STREET OUT TO COUNTY ROAD 512. MAYOR GALLA3~]EE ST~_ED THAT THESE ORDINANCES ONLY PROVIDED FOR RE-ZONING AND CHANGES TO THE EXISTING CDb~PRt~EN~_~VE LAND USE PLAN AND MAP AND THAT THE DEVELOPER WOULD HAVE TO COME BEFORE THE COUNCIL WI]R{ SITE PLANS AND DEVELOPMENT PLANS. COUNCILMAN SZELUGA ~ ~NAY~ 00~~~ ~ ~ 1ED. MAYOR GALLAGHER C~ %fIF_BI~ING_fY0tO1DER~ 9:lO-~.M._ ATTORNEY PA~ STATED THAT THE CLERK HAD RECEIVED FOUR (4) BIDS FOR THE SEVENTY SIX GOLF CARTS~ ELECTRIC, FOR USE AT THE SEBASTIAN MUNICIPAL GOLF COURSE. #1 BOYLAN SALES PER CART $ 2,435.00 76 CARTS 117,060.00 #2 ROSS PRODUCTS PER CART $ 2,330.00 76 CARTS 108,105.00 #3 CLUB CAR PER CART $ 2,450.00 76 CARTS 106,200.00 #4 E-Z-GO PER CART $ 2,350.00 76 CARTS 96,400.00 MAYOR GALLAGHER STATED THAT THE GOLF COURSE WAS IN NEED OF COUNCILAPPROVAL SO THAT THE CARTS COb]J) BE ORDERED AND IF THE COUNCIL HAD NO OBJECTIONS AWARDING OF THE BIDS WOULD BE DONEAS ITMM I UNDER NEW BUSINESS. THERE BEING NO OBJECTION FROM THE COUNCILMAYOR GALLAGHER REQUESTED THAT THE CLERK GIVE T0 THE FINANCE DIRECTOR AND THE GOLF COURSEMANAGER THE BIDS RECEIVED FOR RECOMMENDATION. COUNCILWOMAN KEENAN QUESTIONED AS TO WHETHER OR NOT THE COUNCIL WOULD SET A CURFEW FOR HALLOWEEN NIGHT. MAYOR GALLAGHER STATED THAT A CITY ORDINANCE ALREADY EXISTED ON THE BOOKS AND THAT THE POLICE AND THE CHILD WATCH PROGRAM PARENTS WOULD BE OUT AND CHECKING. MAYOR GALLAGHER REQUESTED THAT IF ANY PARENT OR TRICK OR TREATER SAW ANYTHING OUT OF THE NORMT0 CONTACT THE POLICE DEPARTMENT Ib~MEDIATELY. CHIEF NAPPI STATED THAT AS IN PRIOR YEARS THERE WOUII) BE EXTRA POLICE PROTECTION ON THE STREETS. ATrORNEY PAIMER READ A PROCLAMATION PROCLAIMING SHRINER'S WEEK. ATTORNEY PALMER READ A PROCLAMATION PROCLAIMING INDIAN RIVER ART'S COUNCIL WEEK. MAYOR GALLAGHER THANKED THE SEBASTIAN RIVER AREA ART CLUB FOR THE PAINTINGS THEY HAD FLACED IN THE CITY HALL AND WELCOMED ALL RESIDENTS TO COME IN AND LOOK THE ART WORK OVER. MINUTES: PAGE 6 BID OPENING OCTOBER 17, 1984 MAYOR GAI.IAGHER REQUESTED THAT THE COUNCIL CONSIDER ITEM #D - DEVELOPMENT PLAN FOR THE VILLAGES OF LAKE DOLORES/HYAqTr. THE COUNCIL HAD NO OBJECTION. MAYOR GALLAGHER STATED THAT ITEMS 1-5 OF THE CITY'S PLANNING AND ZONING RECOMMENDATIONS HAD BEEN MET ALONG WITH THE AGREMMENT WITH PELICAN POINTE FOR WATER AND SEWER. MOTION BY VICE MAYOR MCKINLEY, SECONDED BY COUNCII2vtAN RO2H, THAT THE COUNCIL .~ APPROVE THE DEVELOPMENT PLAN OF THE VILLAGES OF LAKE DOLORES, AS SPECIFIED iN THE PLANNING AND ZONING RECObiV[ENDATION. COUNCILMAN SZELUGA QUESTIONED AS TO WHETHER OR NOT THE DEDICATION OF STRATTON AVENUE WAS RESOLVED BETWEEN FISCHER, HYATT, AND MILLER. ATTORNEY PALMER STATED THAT THE DEED TO PROPERTY FOR STRATIDN AVENUE HAD BEEN SETTLED. MR. HYAT~ STATED THAT STRATTON AVENUE NO lONGER GOES THROUGH FISHER PROPERTY. COUNCILMAN SZELUGA QUESTIONED THE DIFFERENCE BETWEEN MOBILE HOME AND MANUFACTURED HOMES AND THAT THEY BE SPECIFIED. ATTORNEY PALMER STATED THAT THE MANUFACTURED HOMES WOULD BE ALLOWED IN THE PLANNED UNIT DEVELOPMENT AND THE MOBILE HOMES WOULD HAVE TO BE SPECIFIED AND CLEANED UP IN THE CITY'S ZONING ORDINANCE. COUNCIIMAN ROTH QUESTIONED THAT AMOUNT OF HOMES AND THE TAXES THAT WERE ANTICIPATED. MR. RICHARD SILLS, REPRESENTATIVE FQ~-~ ~I~E~ THERE WOULD BE APPROXIMATELY 3.5 HOMES PER ACRE AND THAT EACH UNiT WOOLD PROVIDE AP~(~X~MATELY $98.00 PER UNIT ON THE VICE MAYOR MCKINLEY STATED THAT THE~ ~O~7LD BE P~.I\ATE ~EqURITY AT THE DEVELOPMENT, HOWEVER, THEY WOULD STILL NEED TO CALL THE SEB~LICL~DEPAt~ IN CASES OF ARREST. MR. HYATT STATED THAT THAT WAS CORRECT, HO~L~M~, _2~tBYqWO~D NOT BE REQUIRED TO PATROL THE AREA ON A DAILY BASIS. ROLL CAI.I~ VOTE:'. AYES: VICE MAYOR MCKIiNq.~ COUNCILMAN COUNCILWOMAN KEENAN MAYOR GALLAGHER ~AYS~ ON~~ ~~---~ -- ~ON~~ N MAYOR GALLAGHER S~T~D~THA~-GE~L ~E~P~Eb~f~R~ORArDON ~A[~ R~__.~S~[~E£ ~g EXTENSION FOR WATER IN UNIT #12~ ~ _~tE--~INA~/DI~U~9~ ~d)~'P~P~D AN O~i~I~f]O~ THB\CAPITAL OUTLAY THE GOnF COU Smmm t-rr m -u-oME rmz m TS FOR THE COMP TiME OWED AND THAT THE STAFF WOULD BE TRYING TO TAKE THE TIME OFF AND USE UP COMP TIME RATHER THAN RECEIVE IT IN MONETARY SETIL~. COUNCIIMAN ROll{ STATED THAT HE HAD RECEIVED MAPS FOR THE COUNCIL TRANSPORTATION COMMITTEE REGARDING THE IMPACT AND HAD TURNED THEM OVER TO DANIEL BLAIR, BUILDING OFFICIAL, AND HAS REQUESTED THAT THEY BE REVIEWED AND A LETTER TRANSMI%TED BACK TO THE COUNTY. ATTORNEY PALMER STATED THAT HE HAD WRI%TEN THE COUNCIL A MMMO REGARDING THE BIDDING PROCEDURES AND THAT THERE WAS NOT A PRESENT NEED TO AMEND IT AT THIS TIME. ATIORNEY PALMER READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE SECOND PARAGRAPH OF SECTION 23-2, OF THE CODE OF ORDINANCES, AND THEREBY CHANGING THE NAME OF THE STREET lOCATED BETWEEN LOTS 1 THROUGH 48, BLOCK 457; AND LOTS 1 THROUGH 16, BLOCK 458, IN THE SEBASTIAN HIGHLANDS SECTION OF THE CITY, FROM THE STREET NAME OF "JOY HAVEN DRIVE" TO LARCHMONT TERRACE"; PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCIIA[AN ROTH, SECONDED BY COUNCILMAN SZELUGA, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE SECOND PARAGRAPH OF SECTION 23-2, OF THE CODE OF ORDINANCES, AND THEREBY CHANGING THE NAME OF THE STREET LOCATED BETWEEN LOTS 1 THROUGH 48, BLOCK 457; AND LOTS 1 THORUGH 16, BLOCK 458, IN THE SEBASTIAN HIGHLANDS SECTION OF THE CITY, FROM THE STREET NAME OF "JOY HAVEN DRIVE" TO "LARCHMONT TERRACE"; PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR MCKINLEY COUNCILMAN SZELUGA COUNCItMANROTH COUNCILWOMAN KEENAN MAYOR GALLAGHER NAYS: NONE MOTION CARRIED. MINUTES: PAGE 7 REGULAR COUNCIL MEETING OCTOBER 17, 1984 MAYOR GALLAGHER STATED THAT THE COUNCIL WOULD HOLD THE PUBLIC HEARING ON THIS ORDINANCE PRIOR TO THEIR REGULAR COUNCIL MEETING, NOVEMBER 14, 1984. ATIDRNEY PALMER READ BY TITLE ONLY A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE ADOPTION OF A GRIEVANCE PROCEDURE PROVIDING FOR PROMPT RESOLUTION OF COMPLAINTS ALLEGING ANY ACTION PROHIBITED BY THE OFFICE OF REVENUE SHARING'S REGUIATIONS. MAYOR GALLAGHER EXPLAINED THAT AITACHED TO THE RESOLUTION WERE THE PROCEDURES FOR FILING AND PROVISIONS FOR T~ GRIEVANCE PROCEDURES. MOTION BY COUNCILWOMAN KEENAN, SECONDED BY VICE MAYOR MCKINLEY, TO ADOPT A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE ADOPTION OF A GRIEVANCE PROCEDURE PROVIDING FOR PROMPT RESOLUTION OF COMPLAINTS ALLEGING ANY ACTION PROHIBITED BY THE OFFICE OF REVENUE SHARING'S REGULATIONS. ROLL CALL VOTE: AYES: VICE MAYOR'MCKINLEY COUNCILMAN SZELUGA COUNCILMAN ROTH COUNCILWOMAN KEENAN MAYOR GALIAGHER NAYS: NONE MOTION CARRIED. ATTORNEY PAIMER READ BY TITLE ONLY A RESOLUTION RESOLVING BY THE CITY OF SEBASTIAN, FLORIDA, BY AND THROUGH ITS CITY COUNCIL, THAT THE STANDING COMMITTEES FOR 1984, AS APPOINTED BY THE MAYOR OF THE CITY OF SEBASTIAN, FLORIDA, ARE HEREBY APPROVED PURSUANT TO SECTION 2.19 OF THE CITY CHARTER. MEMBERSHIP ON STANDI~ITYE~=-MPb~L~Ef~ECOb~ED BY THE COMMITTEE CHAIRMAN TO THE COUNCIL FOR FINAL AP~. ST~_~ ~O~M~ITEES SHALL BE NON-POLICY MAKING WITH DUTIES AS SET FORTH BELOW. ~7 MAYOR GALLAGHER STATED THAT A COUNC[L~SCN NEE[~ED TO HE,APPOINTED TO THE AIRPORT ADVISORY OARD. , M.LJ _ - tJ COUNCILMAN SZELUGA STATED THAT HE HAD REPRE~E~EDZDJ~ COUNCIL PRIOR TO THiS TERM AND HE WOULD VOLUNTEER TO BE APPOINTED. ( ~ ~ [.J COUNCILWOMAN KEENAN STATED THAT UNpER PARKS AND RE~TION COMMI2TEE, HOWARD CARSWELL WAS STILL A MEMBER, HOWEVER, PETER VALLONE WAS THE NORT~ INDIAN RIVER COUNTY LIAISON. OTZO RO , A BY THE CITY OF SEBASTIAN, FLORIDA, BY AND THROUGH ITS CITY COUNCIL, THAT STANDING COMMITTEES FOR 1984, AS APPO~ BY-T~ MRTC~OF ~ CII~S~: ~.0~ ~Y APPROVED PURSUANT TO SECT~Ob~Jl90[-%ltE ~'~T~ CH~T~R. I b{E~IP'ON S_~I~G~CO~MI~i~S SHALL BE RECO~ENDED BY THE COMMITTEE V~.HA~RMKq ~ THE~ZO~NC~L][~R F~I~ APPI~0VAL. STA~D~Nq COMM~TFFS SHALL BE NON- ROLL C~L V~AYV..q: 1V.22F...~YO.~ g~ ~ ~ t._/ ~ ~ ~. COUNCIM4AN SZELUGA £OUNCI~ ROTH COUNCILWOMAN KEENAN MAYOR GALLAGHER NAYS: NONE MOTION CARRIED. MOTION BY VICE MAYOR MCKINLEY, SECONDED BY COUNCILWOMAN KEENAN, TO APPROVE THE REQUEST FOR SPECIAL EXCEPTION TO THE PLANNING AND ZONING ORDINANCE BY APPROVING A PRESCHOOL TO EXIST WITHIN THE CALVARY BAPTIST CHURCH. MOTION CARRIED. MOTION BY COUNCILMAN ROTH, SECONDED BY COUNCILWOMAN KEENAN, TO APPROVE THE REQUEST FOR SPECIAL EXCEPTION TO THE ZONING ORDINANCE BY APPROVING A PRESCHOOL ON BARBER STREET TO BE KNOWN AS T.L.C. PRESCHOOL MOTION CARRIED. MAYOR GALLAGHER STATED THAT T~ RULES AND REGULATIONS FOR THE GOLF COURSE AND CLUB HOUSE AND THE RANGERS AND STARTERS HAD BEEN COMPLETED AND THEY WERE NEXT FOR CONSIDERATION BY THE COUNCIL. COUNCILMAN SZELUGA STATED THAT HE HAD NO OBJECTION TO THE RANGERS AND STARTERS HAVING REGULATIONS, HOWEVER, HE DID NOT BELIEVE THEY NEEDED TO BE MIXED UP WITH THE RULES AND REGULATIONS OF THE CLUBHOUSE AND GOLF COURSE. MOTION BY COUNCILMAN SZELUGA, SECONDED BY VICE MAYOR MCKINLEY, TO APPROVE THE RULES AND REGULATIONS FOR THE GOLF COURSE AND BLUVHOUSE, THE THREE PAGES DATED OCTOBER 10, 1984. MOTION CARRIED. MOTION BY COUNCILMAN ROTH, SECONDED BY COUNCILMAN SZELUGA, THAT THE RULES AND REGULATIONS FOR THE RANGERS AND STARTERS BE KEPT ON CITY FILES. MOTION C~,RIED.