HomeMy WebLinkAbout10231996 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589~5570
AGENDA
SEBASTIAN CITY COUNCIL
REG'[ILAR MEETING
WEDNESDAY, OCTOBER 23, 1996 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE 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
Oitem by the City Council if they have signed the sign-up sheetprovidedprior to the meeting - limit often
minutes per speaker (R-96-53)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Police Department Chaplain Frank Camillo
4. RO~I~ CALL
5. 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)
6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS
96.214 A. Presentation of Plaque - Wayne Tozzolo - Construction Board
96.173
96.227
8.
9.
10.
CITY ATTORNEY MATTERS
CITY MA~A. GER MATTERS
CITY CLERK MATTERS
CONSENT AGEb~P~
AH 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 - 10/2/96 Workshop, 10/9/96 Regular
Adopt Resolution No. R-96-8{-leir~s~ Amendment to Skydive Sebastian Lea~e (City Manager
Transmittal 10/17/96, R-96-84,_Alllendment to Lease)
RESOLUTION NO. R-96-84
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING RESOLUTION NO. R-96-57; APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST, ON BEHALF OF THE CITY, A FIRST AMENDMENT TO LEASE
AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SKY'DIVE
SEBASTIAN OF SOUTH FLORIDA, INC.; PROVIDING FOR AN INCREASE IN
THE TENT CAMPING AREA; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
Adopt Resolution No. p~-9fi-80 - Vacation of Easement - Lot~9 aug1 21, Block 105,
Sebastian Hjgl~lands Unit 2 (City Clerk Tran~ittal 10/16/96, R-96-80, Application,
Survey, St~tffRel~0rt, Letters)
}~$0LUTiON NO. R-96-80
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE SOUTH 5 FEET OF LOT 20 AND THE NORTH 5 FEET OF LOT 21, BLOCK
105, SEBASTIAN HIGHLANDS UNIT 2, LESS THE WEST 10 FEET THEREOF,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-35, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
2
96.228
96.229
96.118
96.042
96.230
&dop[R,e~olution No. R-96-81 - Vacation of Easement - Lot~ 19 arid 20, Block 105,
Seba~tian_L-Iighla~ Ur~jt 2 (~ily ~Jerk Transmittal 1Q/J 6[99. ~6-80, App~catio~
~u~ey,~taffge~on, L~ters)
RESOLUTION NO. R-96-81
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE SOUTH 5 FEET OF LOT 19 AND THE NORTH 5 FEET OF LOT 20, BLOCK
105, SEBASTIAN HIGHLANDS UNIT 2, LESS THE WEST 10 FEET THEREOF,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-35, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
Adopt Resolution No. R-96-82 - Vacation of Easement - Lots 13 and 14, Block 117,
Sebastian Highlands Unit 2 (City Clerk Transmittal 10/16/96, R-96-82, Application,
Survey, StaffReport, Letters)_
RESOLUTION NO. R-96-82
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE EAST 5 FEET OF LOT 14 AND THE WEST 5 FEET OF LOT 13, BLOCK 117,
SEBASTIAN HIGHLANDS UNIT 2, LESS THE SOUTH 10 FEET THEREOF, AND
THE EAST 16.3 FEET OF THE WEST 38.9 FEET OF THE NORTH .4 FEET OF THE
SOUTH 20 FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 14,
BLOCK 117, SEBASTIAN HIGHLANDS, UNIT 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 5-35, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING;
AND PROVIDING AN EFFECTIVE DATE.
Authorize the City Manager to Apply for COPS-MORE Grant and Approve Expenditure
of Confiscated Property Trust Funds in the Amount of $14,175 if Grant Approved by
Department of Justice (Police Chief Transmittal 10/16/96, Chief Memo 10/16/96,
Equipment List, Grant Information)
Lion's Club Request for Riverview Park - Steak Dinner Fundraiser - November 9, 1996 -
9 am to 6 pm - Electricity - Standard Conditions (City Clerk Transmittal 10/9/96, Lions
Club Letter 10/4/96)
Formal Approval for Lion's Club Use of Yacht Club for Fourth of July 1997 Meeting on
October 14, 1996 and Approve and Authorize the City Clerk to Schedule Monthly Fourth
of July Meetings (City Clerk Transmittal 10/16/96, Henderson Letter)
96.231
96.232
96.032
11.
12.
13.
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
Public Hearing ii1 Accordance with Section 74-33 Code of Ordinances an~l &~t0ption of
Resolution No. R-96-79 - QoJf C99I~_e Rates (City Manager Transmittal 10/16/96,
R-96-79)
RESOI~UTION NO. R-96-79
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE
MUNICIPAL GOLF COURSE; PROMULGATING A NEW SCHEDULE OF GREENS
FEES AND GOLF CART FEES; PROMULGATING A NEW SCHEDULE OF
ANNUAL MEMBERSHIP FEES; AUTHORIZING THE GOLF COURSE MANAGER
TO MAKE ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER
CERTAIN CIRCUMSTANCES; AUTHORIZING THE GOLF COURSE MANAGER
TO ADJUST THE SUMMER FEE SCHEDULE WITHIN THE SPECIAL RANGE FOR
MARKETING PURPOSES; AUTHORIZING THE GOLF COURSE MANAGER TO
ADJUST THE RATION OF TEE-TIMES RESERVATION BETWEEN MEMBERS
AND NON-MEMBERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
COI3/IMITTEE REPORTS/RE(~QM_MI~N DATIONS
A. Tree Advi~ory Board
Approve "Trees are Beautiful" Art Contest (Community Development Transmittal
10/16/96, Information Package)
OLD BUSINE$~
Approve Change Order to Martin Paving Company Contract for Runway 4-22
Reconstruction to Allow Substitution of 4" Coquina in Place of 3" Limerock Subject to
Nielsen Conditions and Authorize City Manager to Execute Change Order Subject to
FDOT Approval (City Manager Transmittal 10/16/96, USR Greiner Letter 10/15/96,
Martin Paving Proposals, City Manager Letter 10/17/96)
96.233
96.224
96.137
14.
NEW BUSINESS
Deny Request for Vacation of Easement for Lot 37, Block 229, Sebastian Highlands Unit
10 Based Upon Recommendations of John Hill and Community Development Director
(City Clerk Transmittal 10/17/96, Application, Survey, Staff Report, Letters)
~Cl01~l Resolution No. R-96-83 - Capital Improvement Budget - FY 96~97 - Cal~ital
Improyement Program - FY 97/2001 (City Manager Transmittal 10/16/96, R-96-83)
RESOLUTION NO. R-96-83
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ADOPTING A CAPITAL BUDGET FOR FISCAL YEAR 1996-1997 AND
A 5 YEAR CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF SEBASTIAN
FOR FISCAL YEARS 1997-2001; PROVIDING REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
First Reading, Set Public Hearing on November 20, L996 for Orctirlance No. 0-96-31 -
Mayoral Ele~;tion - Proposed Charter Revision (City Clerk Transmittal 10/16/96,. 0-96-
31)
ORDINANCE NO. 0-96-31
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN
ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO
ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF THE
MAYOR AT A GENERAL ELECTION ON THE SECOND TUESDAY OF MARCH OF
EVERY ODD NUMBERED YEAR; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES
FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT
FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS OF INDIAN RIVER COUNTY, FLORIDA WITH A
COPY OF THE PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF
SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
96.127
First Reading, Set Public He,.ri. lag oi1 November 20, 1996 for Ordinance No. O-96-32 -
Airport Leases - Forty Years (City Clerk Transmi~;lo,!_l__0/l_(3/9{3., 0-96-323
ORDINANCE NO. O-96-32
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORID& SCHEDULING AN
ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO
ARTICLE I OF THE CITY CHARTER WHICH PROVIDES FOR AN INCREASE IN
THE MAXIMUM ALLOWABLE TERM FOR LEASES OF AIRPORT PROPERTY,
FROM TWENTY (20) YEARS TO FORTY (40) YEARS; PROVIDING FOR THE
MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING
THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY
CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS OF INDIAN RIVER
COUNTY, FLORIDA WITH A COPY OF THE PROPOSED ORDINANCE;
PROVIDING FOR PUBLIC NOTICE OF SAiD ELECTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
96.234
E. Golf Lessons (Discussion)
15.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
16. CITY COUNCIL MATT!gRS
B.
C.
D.
E.
Vice May~>r Waller Barnes
Mrs. Norma Damp
Mr. ]g~,yrrlc~!~d Halloran
Mr. Richard Taracka
Mayor Louise Cartwright
17.
ADJOURN (All 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. ,41l 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 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.S.)
IN COMPLIANCE WITH THE AMERICANS WiTH DISABILITIES ACT (ADA), ANYONE WItO NEEDS A SPECIAL
ACCOMMODATION FOR THIS' MEETING SHOULD COAr£ACT TItE CITY S ADA COORDINATOR AT 589-5330 AT LEAST 48
HOURS 1NADVANCE OF THIS MEETING.
Upcoming Meetings :
Regular City Council Meeting - Wednesday, November 13, 1996 ~ 6p.m.
Regular City Council Meeting - Wednesday, November 20, 1996 ~ 6p.m.
} Regular City Council Meeting - Wednesday, December 11, 1996 ~ 6p.m.
Regular City Councd Meeting - Wednesday, December 18, 1996 ~ 6p.m.
PUBLIC INPUT ON AGENDA ITEMS
SIGN-UP SHEET
OCTOBER 23, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT
FOR PUBLIC HEA~NG$ WHICH HA VE THEIR OWN SHEETS-TIME LIMIT OF 10
MINUTES PER SPEAKER
Name: ~n.a,~3 T-/4A/ e_. E
genda Item No. and Title:
ame: ~~ ~~
Address: /59~ Q {~a~¢V(<~
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:
Name:
Address:
Agenda Item No. and Title:
PUBLIC HEARING SIGN-UP SHEET
OCTOBER 23, 1996 REGULAR MEETING
96.231 A.
Public Hearing in Accordance ~j~ ~ection 74-33 Code of Ordinances and
Adoption of Resolution No. R-96-79 - Golf Co~ ~0,teS
RESOLUTION NO. R-_96-79
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE MUNIC~AL GOLF
COURSE; PROMULGATING A NEW SCHEDULE OF GREENS FEES AND GOLF CART
FEES; PROMULGATING A NEW SCHEDULE OF ANNUAL MEMBERSHIP FEES;
AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS TO THE
HOURS AND CONDITIONS UNDER CERTAIN CIRCUMSTANCES; AUTHORIZING THE
GOLF COURSE MANAGER TO ADJUST THE SUMMER FEE SCHEDULE WITI-ffN THE
SPECIAL RANGE FOR MARKETING PURPOSES; AUTHORIZING THE GOLF COURSE
MANAGER TO ADJUST THE RATION OF TEE-TIMES RESERVATION BETWEEN
MEMBERS AND NON-MEMBERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABtLITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Name
Address
For Against Information
Name
Address
For
Against Information
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
OCTOBER 23, 1996 REGULAR MEETING
USE THIS FORM ON!, Y FOR INTRODUCTION OF NEW BUSINESS NOT
OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES
PER SPEAKER /
/
Subject:
Name:
Address:
Subject:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 23, 1996 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAiN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREE?; SEBASTIAN, FLORIDA
Individuals shah address the City Council with reapect 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-96-53)
1. Mayor Cartwright called the regular meeting to order at 6:00 p.m.
Mayor Cartwright took this opportunity to introduce Chief Randy White, who in turn introduced
the new Police Chaplain, Frank Camillo.
2. The Pledge of Allegiance was recited.
3. The invocation was given by Police Department Chaplain Frank Camillo.
4. ROL~ CALL
City Cog. ncil Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
StaffPresent:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Director of Community Development
Bob Massarelli
{~)egular City Council Meeting
ctober 23, 1996
Page Two
AGENDA MODIFICATJOINS LADDITIONS 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.
6. 1PRQCLAMATIONS, ANNOUNCEMENTS AND/OR.PRESENTATIONS
96.214
A. Presentation of P!~tqu~ - Wayne Tozzolo - Construction Board
Mayor Cartwright stated that Wayne Tozzolo was unable to attend the meeting.
7. CITY ATTORNEY MATTERS
None.
8. CITY MANAGER MATTERS
None.
9. CITY CLERK MATTERS
The City Clerk requested and received permission to offer surplus computers to north county schools.
10.
CONSENT AGENDA
All items on the consent agenda are considered to be routine andwill 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 - 10/2/96 Workshop, 10/9/96 Regular
Regular City Council Meeting
October 23, 1996
Page Three
96.173 B.
96.227 C.
Adopt Resolu[ig_rl N0,.R-96-84 - First Amendment to Skydive Sebastian L.~¢ (City Manag~
Transmittal 1t)/[7196, R-96-84, Amendment to Lease)
RESOLUTION NO. R-96-Szt
A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING RESOLUTION NO. R-96-57; APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST, ON BEHALF OF THE CITY, A FIRST AMENDMENT TO LEASE
AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SKYDIVE
SEBASTIAN OF SOUTH FLORIDA, iNC.; PROVIDING FOR AN INCREASE IN
THE TENT CAMPING AREA; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
AC[Ol~t Resolution No. R-96-80 - Vacilt[orl_o_f Easement - Lots 20 and 21, Block 105,
~baslian Highlands Unit 2 (City Cler_l~ Transmittal 10/16/96, R-96-80, Ap~91JCation,
~urvey, StaffReport, Letters)
RI~SOLUTION NO. R-96-80
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE SOUTH 5 FEET OF LOT 20 AND THE NORTH 5 FEET OF LOT 21, BLOCK
105, SEBASTIAN HIGHLANDS UNIT 2, LESS THE WEST 10 FEET THEREOF,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-35, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
3
oRegular City Council Meeting
October 23, 1996
Page Four
96.228 D.
Adopt Resolution No. R-96-81 - Vacatj_on ofl3~,~emcnt - Lots 19 and 20, Block 105,
Sebasti~.n Highlands Unit 2 (City Clerk Transmittal 10/16/96, R-96-80, Appli~:o, fiorl,
Survey, StaffReport, Letters)
Ps]g~OLI, JTION NO. R-96-81
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE SOUTH 5 FEET OF LOT 19 AND THE NORTH 5 FEET OF LOT 20, BLOCK
105, SEBASTIAN HIGHLANDS UNIT 2, LESS THE WEST 10 FEET THEREOF,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-35, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
96.229 E.
Ado_pt t~esolution No. R-96-82- Vacation oft31~sement- Lots 13 and 14, Block 117,
Sebastian HighLan0s Unit 2 (City Clerk Transmittal 10116/96, R-96-82, Application,
~urvey, StaffReport, Letters)
RESOLUTION NO. R-96-82
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING
THE EAST 5 FEET OF LOT 14 AND THE WEST 5 FEET OF LOT 13, BLOCK 117,
SEBASTIAN HIGHLANDS UNIT 2, LESS THE SOUTH 10 FEET THEREOF, AND
THE EAST 16.3 FEET OF THE WEST 38.9 FEET OF THE NORTH .4 FEET OF THE
SOUTH 20 FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 14,
BLOCK 117, SEBASTIAN HIGHLANDS, UNIT 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 5-35, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING;
AND PROVIDING AN EFFECTIVE DATE.
96.118 F.
Authorize the City Manager to Apply for COPS-MORE Grant and Approve Expenditure
of Confiscated Property Trust Funds in the Amount of $14,175 if Grant Approved by
Department of Justice (Police Chief Transmittal 10/16/96, Chief Memo 10/16/96,
Equipment List, Grant Information)
96.042 G.
Lion's Club Request for Riverview Park - Steak Dinner Fundraiser - November 9, 1996 -
9 am to 6 pm - Electricity - Standard Conditions (City Clerk Transmittal 10/9/96, Lions
Club Letter 10/4/96)
Regular City Council Meeting
October 23, 1996
Page Five
96.230 H.
Formal Approval for Lion's Club Use of Yacht Club for Fourth of July 1997 Meeting on
October 14, 1996 and Approve and Authorize the City Clerk to Schedule Monthly Fourth
of July Meetings (City Clerk Transmittal 10/16/96, Henderson Letter)
The City Manager read the consent agenda and the City Attorney read Resolution Nos. R-
96-84, R-96-80, R-96-81 and R-96-82 by title.
The Mayor pulled Item B on behalf of two members of the public, Vice Mayor Barnes
pulled B and E, Mr. Taraka Item B.
MOTION Barnes/Halloran to approve Item A,C,D,F,G,H.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
Item B - Amendmevt to Skydive Sebasiigtl Lease
Constance Spates, Roseland Road, not in the City. Expressed her concern regarding
problems that have originated in the City. She went on to explain an incident that
involved 4 skydivers landing on her property. One quarter of her 5 acres is preserved as native
habitat and the rest of her property is extremely well kept. She explained the incident further
about the entanglement of one skydiver and her involvement in trying to untangle him. She stated
she appreciated the City Manager's quick response by letter to Skydive Sebastian. She then
questioned liability to home owners, injuries to skydivers on private property.
Larry Driver, 1593 Crestview Lane, noted that he was concerned about additional tents
and security.
Vice Mayor Barnes stated he would have voted not to approve the request for additional
camp sites had he been present at the meeting.
Mr. Taraka had investigated P&Z original approval of camping sites, tents between two
City Council Meeting
October 23, 1996
Page Six
parking areas, the tents in a storm water retention area may be detrimental to the city. Stated this
area should not be enlarged.
The Mayor noted that the Special Use permit for camping was granted on October 15, 1996 at a
Special Meeting.
Mr. Halloran questioned the time that will be granted for the compliance on the conditions to the
Special Use Permit. It was determined by the City Manager that 30 days was a firm completion
time. He also questioned the subject of a nuisance. The City Attorney spoke to this fact.
The Mayor reminded the Council has a new lease entered into last September and all of the
condition and terms were firmed up which gives the City Manager latitude for enforcement.
MOTION by Halloran/Cartwright
I move to approve Item B on the Consent Agenda.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - nay
Mrs. Cartwright - aye
Mr. Barnes - nay
MOTION CARRIED 3-2 (Taraka & Barnes NAY)
Item E Resolution N9~ K-96-82 - Vacation of Easement
Mr. Barnes stated that two previous additions encroach on this easement. He suggested
closer scrutiny to eliminate the problems before hand.
MOTION by Barnes/Cartwright
I'll make a motion to approve Item E of the Consent Agenda.
ROLL CALL: Mr. Halloran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
- aye
Regular City Council Meeting
October 23, 1996
Page Seven
96.231
11.
PUBLIC H~RllNG
Procedures for public hearings: (R-96-53)
· Mayor Opens Hearing
° Attorney Read~ 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
Public Hearing in Accordgnc¢ ~'Jth Section 74-33 Code of O~irlilrlces and Adoption of
gesolution No. R-96-79 - Gglf Course Rates (City Manager Tranamittal 10/16/96,
R-96-79)
RESOLUTION NO. R-96-79
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE
MUNICIPAL GOLF COURSE; PROMULGATING A NEW SCHEDULE OF GREENS
FEES AND GOLF CART FEES; PROMULGATING A NEW SCHEDULE OF
ANNUAL MEMBERSHIP FEES; AUTHORIZING THE GOLF COURSE MANAGER
TO MAKE ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER
CERTAIN CIRCUMSTANCES; AUTHORIZING THE GOLF COURSE MANAGER
TO ADJUST THE SUMMER FEE SCHEDULE WITHIN THE SPECIAL RANGE FOR
MARKETING PURPOSES; AUTHORIZING THE GOLF COURSE MANAGER TO
ADJUST THE RATION OF TEE-TIMES RESERVATION BETWEEN MEMBERS
AND NON-MEMBERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Mayor Cartwright opened the public hearing at 6:45p.m. and the City Attorney read
Resolution No. R-96-79 by title.
Thomas Wojciechowski spoke positively about the Golf Course. Patrick Cerjan was
recognized by the Mayor and answered all questions presented and specifically explained
the residency card.
Regular City Council Meeting
October 23, 1996
Page Eight
Tape I - Side II
The Public Hearing was closed at 7:04 p.m.
MOTION by Barnes/Taraka
i'll move to approve Resolution R- 96-79
ROLL CALL:
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
12. COMMITTEE REPORTS/RECQMMEND~ATIONS
A. Tree Advisory Board
232
Approve "Trees are l~0,kltifial" Art Contest (Community Develol~m{:nt Transmittal
1Q/I 6_/96, Information Package)
Mr. Massarelli explained the preparations for the annual Arbor Day celebration in January.
The Tree Advisory Board will sponsor an art contest in conjunction with the celebration.
MOTION by Taraka/Barnes
Move to approve the "Trees are Beautiful" Art Contest as recommended by the
Tree Advisory Board.
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
October 23, 1996
Page Nine
13.
OLD BUSINESS
96.032 A.
Approve Change Order to Martin Paving Company Contragt for ~Ruowa¥ 4-22
Reconstruction to AI19w Substitution of 4" Coquina in Place of 3" Limerock Subject to
Lqielsen Conditions and Authorize City M0,rl~ger to Execute Change Order Subject to
FDOT Approval (City Manager Tr. al~mittal 10/16/96, USR Greiner Letter 10/15/96,
Martin Paving Proposals, City Manag~r_Lct!¢r 10/17/96)
Mr. Frame gave a very concise presentation, pertaining to the preconstruction conference,
by Martin Paving relating to runway 4-22, present were the City, FDOT and
U.S.R.Greiner where alternative approaches were suggested for reconstruction as it
related to the use oflimerock and/or coquina rock. See FDOT, letter dated October 18,
1996; amending the project plans and specifications to substitute a four (4) inch cemented
coquina base for the specified three (3) inch limerock base. (Letter Attached) The City
Council questioned Eric Nielsen and the bottom line was the statement by Mr. Nielsen,
representing Greiner: The City is getting more benefit for no additional cost.
MOTION by Damp/Barnes
Move to approve Change Order to Martin Paving Company contract for runway
4-22 reconstruction to allow substitution to allow 4 inch coquina in place of 3 in limerock
subject to Nielsen conditions and the City Manager to execute the Change Order.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - nay
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 4 - 1 (Halloran Nay)
Mayor Cartwright called a 10 minute break at 7:25 p.m. and reconvened at 7:35p.m. with
all members of the Council present.
Regular City Council Meeting
October 23, 1996
Page Ten
14.
~l~W BUSINESS
96.233 A.
96.224 B.
Deny Request fgr Vacation of Easement for Lot 3~, Block 229, Sebastian Highlands Unit
10 Based Upon Recommendations of John Hill and Community Deyelopment Director
(City ~J. er[~ Transmittal 10/17/96, Applicatj0jk Survey, Staff Report, Letters)
The Planner explained the reason for the denial of this item.
MOTION by Barnes/Taracka
I'll make a motion to deny the request for a vacation of easement for Lot 37, Blk.
299, Sebastian Highlands, Unit 10.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
Adopt R~solution No. R-96-83 - Capital Improvement Bugtgct - FY 96/97 - Capital
Improvement Program - FY 97/2001 (City Mall~ager Transmittal 10/16/96, R-96-83)
RESOLUTION NO. R-96-83
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ADOPTING A CAPITAL BUDGET FOR FISCAL YEAR 1996-1997 AND
A 5 YEAR CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF SEBASTIAN
FOR FISCAL YEARS 1997-2001; PROVIDING 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-96-83 by title.
Mr. Frame explained that this matter was reviewed at the P&Z Committee and received a
recommendation for approval. There were a couple of minor items suggested: Under
Sales Tax, 26-97-DST006, Barber Street Sports Complex North improvements was
shown at $33,000 and should have been $108,000 to comply with the
10
Regular City Council Meeting
October 23, 1996
Page Eleven
96.137 C.
detail sheet. The other change was under Non-departmental, Item 30-97-DST-002, Police
Station Improvements, moving $125,000 from FY 98 to FY 97. Fuel pumping facilities
were discussed and the City Manager would like more time for an in-depth study. This
item will remain in the Capital Budget.
MOTION by Barnes/Damp
I'll make a motion to adopt Resolution R-96-83 Capital Improvement Budget for
Fiscal Year 1996-1997.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
First Reading, Set Public Hearing on November 20, 1996 for Orctillance No. 0-96-31 -
Mayoral Election - Proposed Charter Revision (City Clerk Transmittal 10/16296, 0-96-
31)
ORDINANCE NO. 0-96-31
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN
ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO
ARTICLE ii OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF THE
MAYOR AT A GENERAL ELECTION ON THE SECOND TUESDAY OF MARCH OF
EVERY ODD NUMBERED YEAR; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES
FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT
FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS OF INDIAN RIVER COUNTY, FLORIDA WITH A
COPY OF THE PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF
SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-96-31 by title.
11
City Council Meeting
October 23, 1996
Page Twelve
96.127 D.
Various Council Members discussed the reason for placement of this question on the
ballot, it was the consensus of the Council to continue this item for public discussion.
MOTION by Barnes/Taraka
I'll make a motion to approve the first reading and set the public hearing for
November 20, 1996 on Ordinance 0-96-31
ROLL CALL:
Mr, Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
First Reading, Set Public Hearitag on November 20, 1996 for Ordinance No. 0-96-32 -
firpor[ Leases - Forty Years {~City Clerk Transrnittal 10/16/96, 0-96-32)
ORDINANCE NO, O-9~5-32
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN
ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO
ARTICLE I OF THE CITY CHARTER WHICH PROVIDES FOR AN INCREASE IN
THE MAXIMUM ALLOWABLE TERM FOR LEASES OF AIRPORT PROPERTY,
FROM TWENTY (20) YEARS TO FORTY (40) YEARS; PROVIDING FOR THE
MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING
THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY
CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS OF INDIAN RIVER
COUNTY, FLORIDA WITH A COPY OF THE PROPOSED ORDINANCE;
PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-96-32 by title.
Vice Mayor Barnes stated that he felt this was an equitable request and felt the public
should be given the opportunity to decide.
12
~Regular City Council Meeting
October 23, 1996
Page Fourteen
16.
CITY COUNCIL MATTERS
A. Vice Mayor Waltgr Barnes
Mr. Barnes said Delmonte Street has trailers coming out of the citrus grove again and
trucks operating in the middle of the night. He also announced that any mail he receives
that is anonymous will not be tolerated. Mr. Barnes commended the Planner, City
Manager and John Hill for their encouragement of citizens' public input on issues within
the City.
B. Mrs. Norma Damp
None.
17.
C. Mr. Raymgln~t Halloran
Mr. Halloran also asked that any unsigned letters not be acknowledged and/or distributed.
D. Mr. Richard Taracka
Mr. Taracka took this opportunity to thank Mrs. Kilkelly for her suggestion to use
property off of Sunport Road as opposed to Stonecrop for a canoe ramp.
E. Mayor Louise Cartwright
None.
Being no further business, Mayor Cartwright adjourned the regular meeting at 8:25 p.m.
Approved at the tDC_~cvxOv_<- __:---~ x
Kat_ hryn-'lOl. O Halloran, EMC~,AAE
City Clerk _-
, 1996, Regular City Council Meeting.
Louise R. Cartwright
Mayor
14