HomeMy WebLinkAbout10251995 City of Sebastian
1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 25, 1995
7:00 P.M. OR SOON THEREAFTER
(FOLLOWING 6:30 P.M. BOARD OF ADJUSTMENT)
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-95-33)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Merril Dewey - Sebastian First Nazarene
Church
4. ROLL CALL
AGENDA MODIFICATIONS (,ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
95.181
A. Presentation - City of Sebastian Employee of the Quarter
95.182
Proclamation - VFW Buddy Poppy Day - Veterans of Foreign Wars
Post 10210 Members Accepting (Ken Crone, Commander; Gail
Dean, Ladies' Auxiliary; Leonard Solomon and Tel-ri Hod, Co-Chair
Buddy Poppy Drive)
95.183
Proclamation - Make a Difference Day - October 28, 1995 -
Exchange Club of Sebastian Members Accepting (Virginia
Wetherald, President; Donna Keys, Past President; Rene Van de
Voorde, Liaison, Junior Exchange; Rick Giteles, Veto Air Show Co-
Chairman; Ted Ahneman, District Director; All Past Presidents)
7. 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.
95.083
ORDINANCE NO. 0-95-26 - C-512 Zoning - Landscape
Requirements (Director of Community Development Transmittal
10/17/95, 0-95-26)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
3.8(A)d(8) OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE
TO AMEND THE REAR YARD LANDSCAPE REQUIREMENTS; TO
PROVIDE SUFFICIENT SCREENING FROM THE ZONING DISTRICTS;
TO MAKE CORRECTIONS IN THE LAND DEVELOPMENT CODE;
PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE
INCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT
CODE OF THE CItY OF SEBASTIAN, FLORIDA; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR RATIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/27/95, Advertised
Legal Notices 10/11/95, PH and Adoption 10/25/95)
2
o
QUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows (In accordance with
R-95-39):
Mayor Opens Hearing-Outlines Rules
Clerk Administers Oath
Disclosure of Ex-Parte Communication
Staff Presentation
Applicant Presentation - 15 Minutes
Inquiry of Applicant
Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or
More
Inquiry of Proponents
Opponents' Presentation - Affected Opponents 15 Minutes - Other 3
Minutes or 10 Minutes if Representing 5 or More
Inquiry of Opponents
Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or
More
Closing of Public Informational Period
Staff Response and Summary - 10 Minutes
Applicant's Rebuttal Presentation - 10 Minutes
Board and Staff Inquiry
95.184
Ae
RESOLUTIONNO. Px-95-61 - Minor Subdivision Plat for Sandridge
Estates (Director of Community Development Transmittal 10/17/95,
R-95-61, Application, LDC Section 20A- 16. I(C) 1 of LDC and 20A-
16.3, P & Z Memo 10/6/95, Williams Memo 9/26/95, Masteller
Letter 10/5/95, Plats Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR
SUBDIVISION PLAT OF SANDRIDGE ESTATES, CONSISTING OF 2.4
ACRES, MORE OR LESS, LYING IN SECTION 19, TOWNSHIP 31
SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE
PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO
THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER
COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
95.185
Bo
L. F. Hankins - Riverhouse Landings, Inc. Appeal - Planning and
Zoning Commission Decision Re: Conditional Use Permit - Charter
Boat Facility (Director of Community Development Transmittal
10/17/95, Hankins Letter 10/6/95, MCR Zoning District Code,
Definitions, 20A-6.1.c. 17, DCD Memo 9/29/95, P & Z Minutes
Excerpt 10/5/95)
CON.,SEI~T AGENDA
,41l 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 - 10/11/95 Regular Meeting
95.041/
94.196
Greiner, Inc. - Airport Runway 4-22 Engineering - Supplemental
Agreement No. 2 (City Manager Transmittal 10/9/95, Supplemental
Agreement No. 2)
95.186
Bid Waiver - Asphalt Recycling, Inc. - Grind and Oil Inject Englar
Drive Between Schumann Drive and George Street - Sole Source -
Not to Exceed $30,000.00 (Public Works Director Transmittal
10/17/95, Smith Memo 10/2/95)
95.187
Reject Pan American Engineering Co. Bid and Rebid Project -
Englar Drive Bikepath from Schumann Drive to Barber Street
(Public Works Director Transmittal 10/18/95, Bid Documents)
95.188
Bid and Contract Award - Sod Delivery and Installation - March 2,
1996 through March 2, 1997 - R & R Turf Farms (Public Works
Director Transmittal 10/17/95, R & R Letter 10/16/95, Bid
Tabulation, Bid and Contract Documents)
95.189
Bid and Contract Award - Barber Street Sports Complex Center
Core Improvements - Pan American Engineering Co. - $23,749.00 -
Time of Completion 75 Consecutive Calendar Days Following
Issuance of Notice to Proceed (Public Works Director Transmittal
10/17/95, Bid Tabulation, Bid and Contract Documents)
4
95.190
Go
Sebastian River Art Club - Request Use of Riverview Park - 2/17/96
(raindate 2/18/96), 3/9/96 (raindate 3/10/96) - Standard Conditions
(Director of Community Development Transmittal 10/11/95,
Dougherty Letter 10/11/95)
95.191
City of Sebastian Employees Christmas Party - Community Center -
12/9/95 - 6 p.m. to 12 a.m. - A/B Request (City Clerk Transmittal
10/20/95, Application, R-94-50)
10. PRESENTA~ONS - None
11. COMMITTEE REPORTS/RECOMMENDATIONS
A. CONSTRUCTION BOARD
95.192
Interview and Appoint to Electrical Contractor Position -
Three Year Regular Term to Expire 9/30/98 - Board
Recommends Michael Holdridge (Director of Community
Development Transmittal 10/13/95, Holdridge Application)
B. POLICE PENSION BOARD OF TRUSTEES
95.193
Appoint Two Members for Two Year Terms to Expire
10/1/97 (City Clerk Transmittal 10/18/95, Section 58-51 Code
of Ordinances, Member List, Two Applications)
C. PLANNING AND ZONING COMMISSION
95.194
Accept Resignation of Howard Goldstein and Direct City
Clerk to Advertise Position (P & Z Memo 10/20/95,
Goldstein Memo 10/19/95)
12. OLD BUSINESS - None
13.
95.043
95.056/
95.028
NEW BUSINESS
ORDINANCE NO. 0-95-27 - Amending Occupational License Fees
- Manicurists and Cosmetologists (City Clerk Transmittal 10/18/95,
0-95-27)
1st Reading, Set Public Hearing 11/15/95
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II,
SECTIONS 30-51 (11) AND 30-51 (12) OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
OCCUPATIONAL LICENSE FEES, PROVIDING FOR INCLUSION IN
THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
B. RESOLUTION NO. R-95-62 - ISS Golf Course Maintenance 94.220
Contract Revision (City Manager Transmittal 10/19/95, R-95-62,
Original Contract w/Revised Pages 2 & 3)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE SEPTEMBER 16, 1994
CONTRACT BETWEEN THE CITY OF SEBASTIAN AND ISS
LANDSCAPE MANAGEMENT SERVICES, INC.; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-95-24 - Native Tree List (Director of
Community Development Transmittal 10/18/95, R-95-24)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE TREES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE.
6
14. INTRODUCTIO~ OF NEW BUSINESS FROM TI~ PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
15. CITY COUNCIL MATTERS
A. Mr. Raymond Halloran
B. Mayor Arthur Firtion
C. Vice Mayor Carolyn Corum
D. Mrs. Louise Cartwright
E. Mrs. Norma Damp
16. CITY ATTORNEY MATTF.,R$
17. CITY MANAGER MATTERS
18. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL W1TH RESPECT TO
ANY MATTER CONSIDERED AT THiS MEETING (OR HEARING) WILL NEED A RECORD OF THE
PROCEEDINGS AND M_AY NEED TO ENSURE THAT A VERBAT1M RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE HEARD. (286.0105 ES.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A
SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT
589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
7
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
ADDENDUM TO A G E N D A
SEBASTIAN CITY COUNCIL
REGULAR MEETiNG
WEDNESDAY, OCTOBER 25, 1995
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
95.041
Presentation by Greiner & Associates Re: Airport Master Plan and
Funding
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE B Y THE CITY COUNCIL WITH
RESPECT TO ANY MATI'ER CONSIDERED AT THIS MEET1NG (OR HEARING) Vel[J. NEED A RECORD
OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBAT2M RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TEST1MONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE HEARD. (286. O105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A
SPECIAL ACCObtMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA
COORDINATOR AT 589-5330 ~iT LEAST 48 HOURS IN ADVANCE OF THIS MEET1NG.
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
OCTOBER 25, 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! "~':'~j ~ ~_~~.~,~'-'.~~,
Subject: ~7/~ ~'~~.4,,
Subject: ~'~
Addre .:'~
Subject:
Name~
Address:
Subject:
Name:
Address:
Subject:
PUBLIC INPUT ON AGENDA ITEMS
$!GN-UP SHEF~
OCTOBER 25, 1995 REGULAR MEETING
USE THIS FORM ON~LY 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'
Agenda Item No. and Title: ~5~":'-&P~ / ~Y_5 ~-~
Name:
Address:
Agenda Item No. and Title:
Name;
Address:
Agenda Item No. and Title:
Name~
Address:
Agenda Item No. and Title:
Name~
Address:
Agenda Item No. and Title:
Name:
Address:
Agenda Item No. and Title:
QUASI-JUDICIAL HEARING SIGN-UP SHEET
OCTOBER 25, 1995
95.185 B.
Address
For
L. F. Hankins - Riverhouse Landings, Inc. Appeal - Planning and
Zoning Commission Decision Re: Conditional Use Permit - Charter
Boat Facility (Director of Community Development Transmittal
10/17/95, Hankins Letter 10/6/95, MCR Zoning District Code,
Definitions, 20A-6.1.c. 17, DCD Memo 9/29/95, P & Z Minutes
Excerpt 10/5/95)
Against
Information
Name
Address
For Against Information
Name
Address
For
Against Information
Name
QUASI-JUDICIAL HEARING SIGN-UP SHEET
OCTOBER 25, 1995
95.184 A.
RESOLUTION NO. R-95-61 - Minor Subdivision Plat for San&ridge
Estates (Director of Community Development Transmittal 10/17/95,
R-95-61, Application, LDC Section 20A-16. I(C)I of LDC and 20A-
16.3, P & Z Memo 10/6/95, Williams Memo 9/26/95, Masteller
Letter 10/5/95, Plats Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY,
FLORiDA, PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDIVISION
PLAT; ACCEPTING THE MINOR SUBDIVISION PLAT OF SANDRIDGE ESTATES,
CONSISTING OF 2.4 ACRES, MORE OR LESS, LYING IN SECTION 19,
TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE PLAT;
DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE
CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORiDA, FOR RECORDING;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Name
Address
For Against Information
Name
Address
For Against Information
PUBLIC HEARING SIGN-UP SHEET
OCTOBER 25, 1995 REGULAR MEETING
95.083 A.
ORDINANCE NO. O-95-26 - C-512 Zoning - Landscape
Requirements (Director of Community Development Transmittal
10/17/95, 0-95-26)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-3.8(A)d(8) OF THE CITY OF
SEBASTIAN LAND DEVELOPMENT CODE TO AMEND THE REAR YARD
LANDSCAPE REQUIREMENTS; TO PROVIDE SUFFICIENT SCREENING FROM
THE ZONING DISTRICTS; TO MAKE CORRECTIONS IN THE LAND
DEVELOPMENT CODE; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE
INCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF
THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 9/27/95, Advertised Legal Notices 10/11/95, PH and Adoption 10/25/95)
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For
Against Information
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 25, 1995
7:00 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 STREET, SEBASTIAN, FLORIDA
individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-95-33)
1. Mayor Firtion called the Regular Meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Reverend Merril Dewey, Sebastian First Nazarene
Church.
4. ROLL CALL
City Council Pr~s¢l~t:
Mayor Arthur L. Firfion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
Staff Present:
City Manager, Joel Koford
City Attorney, Clifton McClelland, Jr.
City Clerk, Kathryn O'Halloran
Director of Community Development,
Bruce Cooper
Public Works Director, Richard Votapka
Deputy City Clerk, Sally Maio
Regular City Council Meeting
October 25, 1995
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR D]~LETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
Motions were made at the request of the City Manager as follows:
MOTION by Corum/Cartwright
I move to remove item B from the consent agenda. (He had
requested that this item be removed to 11/1/95)
ROLL CALL: Vice Mayor Corum
Mrs. Cmwfight
Mrs. Damp
Mr. Halloran
Mayor Firtion
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
MOTION by Cartwright/Halloran
I move to pull item E as in Edward off the consent agenda until
November the 1st.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARR/ED 5-0
2
Regular City Council Meeting
October 25, 1995
Page Three
95.181
95.182
95.183
MOTION by Cartwright/Damp
I move we table item B of 13 until November 15.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Presentation- City of SebasfiaaEmployee of the Quarter
Mayor Firtion read a brief biography and presented a plaque and savings
bond to Jerry Converse in honor of his designation as Employee of the
Quarter.
Proclarr~ation - VFW Buddy Poppy Day - Veterans of Foreign War~
Post 10210 Members Accepting (Ken Crone, GOrtunander; Gail
Dean, Ladies' Au2fi!iary: Leonard Solomon and Terrj~Jglod, Co-Chair
Budd7 Poglly Drive)
Mayor Firtion read and presented the proclamation to members of VFW
Post 10210 as listed above. (Commander Ken Crone was absent)
Proclamation - Make a Difference Day - October 28, 1995 -
I3xchange Club of Sebastian Members Accepting (Virginia
Wetheralcl, President; Donna Keys. Past ]'resident; Rene Van de
Voorde, Liaison. Junior E~;change; Rick Giteles, Veto Air Show Co-
Chairman; T_e~l Almeman, District Dire~t0r; All Past Presidents)
Mayor Firtion read and presented the proclamation to members of
the Exchange Club.
3
Regular City Council Meeting
October 25, 1995
Page Four
7. 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
· StaffPresentation
· Public Input
· StaffSummation
· 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
95.083
ORDILqANCE NO. 0-95-26 - C-512 Zoning - Landscape
Requirements (Director of Community Development Transmittal
10/17/95, 0-95-26)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLOR/DA, AMENDING CHAPTER 20A, SECTION 20A-
3.8(A)d(8) OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE
TO AMEND THE REAR YARD LANDSCAPE REQUIREMENTS; TO
PROVIDE SUFFICIENT SCREENING FROM THE ZONING DISTRICTS;
TO MAKE CORRECTIONS IN THE LAND DEVELOPMENT CODE;
PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE
INCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR RATIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 9/27/95, Advertised
Legal Notices 10/11/95, PH and Adoption 10/25/95)
Mayor Firfion opened the public heating at 7:18 p.m. and the City Attorney
read Ordinance No. 0-95-26 by title only.
4
Regular City Council Meeting
October 25, 1995
Page Five
The City Attorney distributed an amended page 6 adding a new Section 4
relative to refund of the fees proposed to be amended.
Mayor Firtion closed the public hearing at 7:21 p.m.
MOTION by Cartwright/Halloran
I move to approve Ordinance No. 0-95-26 as amended.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwfight - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
QUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows (In accordance with
R-95-39):
Mayor Opens Hearing-Outlines Rules
Clerk Administers Oath
Disclosure of Ex-Parte Communication
Staff Presentation
Applicant Presentation - 15 Minutes
Inquiry of Applicant
Proponents' Testimony - $ Minutes or 10 Minutes if Representing 5 or
More
Inquiry of Proponents
Opponents' Presentation - Affected Opponents 15 Minutes - Other $
Minutes or 10 Minutes if Representing 5 or More
Inquiry of Opponents
Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or
More
Closing of Public Informational Period
Staff Response and Summary - 10 Minutes
Applicant's Rebuttal Presentation - 10 Minutes
Board and Staff lnquiry
Regular City Council Meeting
October 25, 1995
Page Six
95.184 A.
RESOLUTION NO~ R-95-61 - Minor Subdivision Plat for Sandridge
Estates (Director of Community Development Transmittal 10/17/95,
R-95-61, Application, LDC Section 20A- 16.1 (C) 1 of LDC and 20A-
16.3, P & Z Memo 10/6/95, Williams Memo 9/26/95, Masteller
Letter 10/5/95, Plats Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR
SUBDIVISION PLAT OF SANDRIDGE ESTATES, CONSISTING OF 2.4
ACRES, MORE OR LESS, LYING IN SECTION 19, TOWNSHIP 31
SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE
PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO
THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER
COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Firtion opened the public hearing at 7:22 p.m. and the City Clerk
swore in all those who intended to offer testimony.
Mrs. Cartwright disclosed she had spoken to the City Manager about the
property owner of Tract P; Vice Mayor Corum disclosed she had discussed
future plans for the subject property with the City Manager; and Mrs. Damp
said she had listened to the Planning and Zoning Commission meeting
relative to the matter.
The Director of Community recommended approval.
Randy Mosby, Mosby and Associates, briefly addressed the matter.
Mayor Firtion closed the hearing at 7:26 p.m. and the City Attorney read
Resolution No. R-95-61 by title only.
6
Regular City Council Meeting
October 25, 1995
Page Seven
MOTION by Damp/Cartwright
I move to adopt Resolution No. R-95-61.
Vice Mayor Corem stated she believed commercial would be a better use of
this COR property.
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corum - nay
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 4-1 (Corum - nay)
95.185 B.
L. F. Hankins - Rjvertlo~,qe Landings, Inc. Appeal - Planning and
Zoning Commission Decision Re: ConditionalUse Permit - Charter
I3oat Facility £Director of Community Development Transmittal
10/17/95, Hankins Letter 1016195, MCR Zoning District Code,
Definitions, 2OA-6.1.c. 17, DCD Memo 9/29/95, P & Z Minutes
I3x~erp~ ! 0/5/95)
Mayor Firtion opened the public heating at 7:33 p.m. and the City Clerk
swore in all those who intended to offer testimony.
Mrs. Cartwright and Mayor disclosed they each had spoken to Peter Jones
on the matter; Mrs. Damp disclosed she had attended the Planning and
Zoning meeting at which the use was denied.
The Director of Community Development explained Planning and Zoning
Commission denial of the requested conditional use and said staff maintains
the use complies with conditional use criteria for this zoning district. The
City Attorney concurred and stated, upon review of law in this area, he
finds that, on use questions, the construction is to be in favor of the land
owner and construed as against the governmental body.
7
Regular City Council Meeting
October 25, 1995
Page Eight
Peter Jones, Minnotty and Associates, and Randy Mosby, Mosby and
Associates, addressed City Council on behalf of the applicant, noting that
site plan approval has been obtained pending the outcome of the appeal.
Sal Neglia, 461 Georgia Boulevard, Sebastian, inquired about intended uses
and his questions were addressed by Mr. Mosby and Mr. Jones.
Mayor Firtion closed the public hearing at 7:48 p.m.
The Director of Community Development again recommended approval
based on staff's interpretation that this is a conditional use in MCR zoning.
TAPE I - SIDE II (7:48 p.m.)
MOTION by Damp/Corem
I move we approve the conditional use permit for the Riverhouse
Landings for the excursion boat.
Mrs. Cartwfight inquired about the number and duration of trips; and Vice
Mayor Corem inquired about boat repairs onsite and environmental
concerns.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
~ONSENT 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.
Regular City Council Meeting
October 25, 1995
Page Nine
A. Approval of Minutes - 10/11/95 Regular Meeting
95~.04tt B.
94.1-96
Greiner, Inc. - Ah'port Runway 4-22 Enginecring- Supplemental
Apoeement No. 2 (City Manager Transmittal 10/9/95, Supplemental
Agreement No. 2)
95.186 C.
Bid Waiver - Asphalt Recycling, Inc. - Grind and Oil Inject Englar
Drive Between Schumann Drive and George Street - Sole Source -
Not to Exceed $30,000.00 (Public Works Director Transmittal
10/17/95, Smith Memo 10/2/95)
95.187 D.
Reject Pan American Engineering Co. Bid and Rebid Project -
Englar Drive Bikepath from Schumann Drive to Barber Street
(Public Works Director Transmittal 10/18/95, Bid Documents)
95.188 E.
Bid and Contract Award - Sod Delivery and Installation - March 2,
1996 through March 2, 1997-- R & R Tmf Fmms (Public Works
Diree~r Transmittal 10/17/95, R & R Letter 10/16/95, Bid
Tabulation, Bid and Contract Documents)
95.189 F.
Bid and Contract Award - Barber Street Sports Complex Center
Core Improvements - Pan American Engineering Co. - $23,749.00 -
Time of Completion 75 Consecutive Calendar Days Following
Issuance of Notice to Proceed (Public Works Director Transmittal
10/17/95, Bid Tabulation, Bid and Contract Documents)
95.190 G.
Sebastian River Art Club - Request Use of Riverview Park - 2/17/96
(raindate 2/18/96), 3/9/96 (raindate 3/10/96) - Standard Conditions
(Director of Community Development Transmittal 10/11/95,
Dougherty Letter 10/11/95)
95.191 H.
City of Sebastian Employees Christmas Party - Community Center -
12/9/95 - 6 p.m. to 12 a.m. - A/B Request (City Clerk Transmittal
10/20/95, Application, R-94-50)
The City Manager read consent agenda items A, C, D, F, G and H. (Items B
and E had been removed under Agenda Modifications.
Regular City Council Meeting
October 25, 1995
Page Ten
Mrs. Cartwright removed items C and F. All others confmned removal of
item F.
MOTION by Corum/Cartwright
I move approval of item A, D, G and H of the consent agenda.
ROLL CALL:
Mrs. Cartwfight - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5-0
Item C - Bid WajY~r - Asphalt Recycling
Mrs. Cartwright said she would like to see some documentation from the
vendor before she made a decision.
The Public Works Director responded that this vendor is sole source and
had been used in the past.
Mr. Halloran said he would like to see the project bid out.
MOTION by Cartwright/Halloran
I move to deny the bid waiver for Asphalt Recycling until staff can
determine if there other companies.
The Public Works Director said this item can be brought back to the
November 15, 1995 meeting and that he would solicit references.
ROLL CALL: Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corem
Mrs. Cartwright
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
10
Regular City Council Meeting
October 25, 1995
Page Eleven
Itean 1~ - Bid - BSSC Center Core
Mrs. Cartwright inquired about elevating the walkways.
Mayor Firtion said bids received were 10 to 30% too high, that he had
checked with other contractors and that the City could save $4000 to $6000.
The Public Works Director said 29 contractors had received bids, Indian
River County had been contacted for its price for this type of work and
urged approval so as not to disrupt the Soccer and Little League seasons.
The City Manager said a rebid can be completed in 45 days. Mayor Firtion
suggested including Englar bikepath and golf course cart paths, noting that
cart paths have already been engineered by the golf pro and ISS.
Vice Mayor Corum requested that all City Council members be informed of
these matters when they occur.
MOTION by Cartwright/Corum
I'll move to approve item F of the consent agenda.
The City Attorney distributed the proposed contract.
TAPE II - SIDE I (8:36 p.m.)
ROLL CALL:
Mr. Halloran - nay
Mayor Firtion - nay
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - nay
MOTION FAILED 2-3 (Halloran, Firtion, Damp - nay)
ll
Regular City Council Meeting
October 25, 1995
Page Twelve
95.041
10.
95.192
ll.
Plll]i.Sg;NTATIONS
A. Greiner and Associates - Airport MaaterJ'lan and Funding
Eric Neilson and Don Dyer, Greiner and Associates, gave an updated report
on the Airport Master Plan (distributing material that was exhibited); noting
that reactivation of runway 9-27 will most likely not be funded by FAA;
that FAA does not list Sebastian Airport in the National Aviation System
Plan; that FDOT has not yet approved the City's airport master plan; that
runway 4-22 will need overlay regardless of action on 9-27; and
recommended that although he had doubts about receiving approval from
FDOT on the airport master plan, the city should continue to maintain the
current airport master plan and pursue FDOT funding.
COMMITTEE RF.,PORT$/RECOMMENDATIONS
A. CONSTRUCTION BOARD
Interview and Appoint to Ele~trical Contractor Position -
Three Year Regular Term to ]~xpire 9/30/98 -Board
l~¢colmnends Michael Holdfidge (Dir~tQr of Community
Development Transmjttill 10/13/95, Holdridge Application)
City Council interviewed Michael Holdddge.
MOTION by Cartwright~alloran
I move to appoint Michael Holdddge to the Sebastian Construction
Board in the electrical contractor position with a term to expire 9/30/98.
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
12
Regular City Council Meeting
October 25, 1995
Page Thirteen
B. POLICE PENSION BOARD OF TRUSTEES
95.193 1.
Appoint Two Members for Two Year Terms to Expire
10/1/97 (City Clerk Transmittal 19/18/95. Section 58-51 Code
of Ordinances~Member List, Two Al>p!i~cations3
City Council interviewed Wayne Komara. Marilyn Waldis was not able to
attend the meeting.
MOTION by Cartwright~alloran
I move to appoint Marilyn Waldis to the Police Officers Retirement
System Board of Trustees for a two year term to expire 10/1/97.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firfion - aye
MOTION CARRIED 5-0
MOTION by Halloran/Cartwright
I move to appoint Wayne D. Komara to the Police Officers
Retirement System Board of Trustees for a two year term to expire 10/1/97.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5-0
13
Regular City Council Meeting
October 25, 1995
Page Fourteen
C. PLANNR'~O AND ZONING COMMISSION
95.194 1.
12.
Accept Resignation ofYloward Gol~l~tein and Direct City
Clerk to Advertise Position (P & Z Memo 10/20/95,
Goldstein Memo 10/19/95)
MOTION by Corem/Damp
I move to accept the resignation of Howard Goldstein with regrets.
Vice Mayor Corum expressed concern for Mr, Goldstein's problems with
the committee as stated in his resignation.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
Mayor Firtion called recess at 9:20 p.m. and reconvened the meeting at 9:28
p.m.
OLD BUSINESS
None.
14
Regular City Council Meeting
October 25, 1995
Page Fifteen
13.
NEW BUSINESS
95.043 A.
ORDINANCE NO. 0-95-22 - Amending Occupational License Fees
- Manicurists and Cosmetologists (City Clerk Transmittal 10/18/95,
0-95-27)
1st Reading, Set Public Hearing 11/15/95
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II,
SECTIONS 30-51 (11) AND 30-51 (12) OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
OCCUPATIONAL LICENSE FEES, PROVIDING FOR INCLUSION IN
THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-95-27 and said he had distributed
a revised ordinance with a new Section 4 regarding refunds.
It was the consensus of City Council to include the new Section 4.
MOTION by Comm/Halloran
I move Council approves the first reading on Ordinance No. 0-95-27
and sets the public hearing for 11/15/95.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
15
Regular City Council Meeting
October 25, 1995
Page Sixteen
95.056/ B.
94.220
RESOLUTION NO. R-95-62 - ISS Golf Course Maintenance
Contract Revision (City Manager Transmittal 10/19/95, R-95-62,
Original Contract w/Revised Pages 2 & 3)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER
COUNTY, FLORIDA, AMENDING THE SEPTEMBER 16, 1994
CONTRACT BETWEEN THE CITY OF SEBASTIAN AND ISS
LANDSCAPE MANAGEMENT SERVICES, INC.; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
This item had been tabled to November 15, 1995 under Agenda
Modifications.
95.028
RESOLUTION NO. R-95-24 - Native Tree List (Director of
Community Development Transmittal 10/18/95, R-95-24)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE TREES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-95-24 by title only.
Vice Mayor Corem inquired whether the Tree Advisory Board had
reviewed and made a recommendation on this resolution.
TAPE II - SIDE II (9:31 P.M.)
16
Regular City Council Meeting
October 25, 1995
Page Seventeen
MOTION by Comm/Camvfight
I move to table Resolution No. R-95-24 until 11/15/95 and send this
whole information packet that the county received given to the Tree Board
to review.
Shirley Kilkelly, 950 Franciscan Way, Sebastian, member of the Tree
Board said the committee had not yet recommended on the resolution.
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
14.
INTRODUCTION OF NEW BUSINESS FROM Tilt PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Herbert Storm, 549 Saunders Street, Sebastian distributed documentation to
City Council relative to the Bassi/Cooper matter.
Sal Neglia, 461 Georgia Boulevard, Sebastian, inquired what happens to
permit and application fees charged by the City; inquired why the Police
Department has no tickets to hand out for parking violations; inquired about
amendments to the proposed revised ISS agreement; and inquired how the
public goes about obtaining answers to questions of City Council.
Jolm Hadaway, 1671 No. U.S. 1, Sebastian, commended Brace Cooper and
expressed concern about the police department budget.
15. CITY COUNCILMATTE. RS
A. MrL Raymond Halloran
Mr. Halloran requested the Barber Street Sports Complex project be rebid
with due haste. "~~~ll~
17 .:
Regular City Council Meeting
October 25, 1995
Page Eighteen
16.
17.
B. Mayor ~ur Firtion
Mayor Firfion invited the public to call him at home with questions.
C. Vice Mayor Carol3~ Corum
Vice Mayor Corum said the Pelican Island Pelican Club was responsible for
inception of the U.S. I median landscaping project; inquired about grubbing
at Chessers Gap; suggested that all applicants for special use permits obtain
all permits before they come before P & Z or Council; expressed concern
for Masteller and Moler's recommendation for stop signs on Wave Street;
and inquired about solutions to the dangerous curve on George Street.
D. Mrs. Louise Cartwright
None.
E. Mrs. Norma Damp
Mrs. Damp noted there is still time to enter the United Way golf
tournament.
CITY ATTORNEY MATTERS
None.
CITY MANAGER MATTERS
The City Manager received a consensus from City Council to tell the
property owners of the St. Sebastian PUD the City endorses pursuing the
sale of the property to CARL if the owners will consider the City's interest
in obtaining Gibson Street right-of-way; said he received a letter from John
Malek stating the Chamber of Commerce is not in a financial position to
rent or lease the utilities building and said he would like to pursue its use by
the city; said he received notification from SJRWMD that the public
heating on Airport Drive West will be November 7, 1995; said he
18
Regular City Council Meeting
October 25, 1995
Page Nineteen
was postponing his surgery at this time; announced the Director of
Community Development had accepted a lay-off effective October 27,
1995, that George Bonacci would run the Building Department and that he
would recruit for a Planner to run Community Development; and
distributed a proposed City Manager advertisement which the City Council,
by consensus poll, directed him to place.
TAPE III - SIDE I (10:18 p.m.)
Discussion took place on the procedure to follow. Mrs. Cartwright and
Vice Mayor Corum requested a committee to review applications.
18.
Being no further business, Mayor Firtion adjourned the Regular Meeting at
10:30 p.m.
Approved at the /,5~ , 1995, Regular City Council
Arthur L. Firtion, Mayor
Kathryn 1~I. O'Hall.oran, CMC/AAE
City Clerk
19