HomeMy WebLinkAbout12181996 City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, DECEMBER 18, 1996
Immediately Following 6 pm Special Meeting
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAINSTREET, 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 of ten
minutes per speaker (R-96-53)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Police Department Chaplain Frank Camillo
4. ROLL 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, ANNOUNCEM]~NTS AND/OR PRESENTATIONS
96.259
A. Presentation of Plaque - Employee of the Year 1996
7. CITY ATTORNEY MATTERS
8. CITY MANAG]~R MATTERS
CONSENT AGENDA
.dH 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 - 12/11/96 Workshop, 12/11/96 Regular
96.260
Bid Awards for Annual Material Contract for Coquina Shell Base Material to Blackhawk
Quarry of Florida, Inc. - Annual Material Contract for General Fill to L.I. Tree Service -
Annual Material Contract for Road Stabilization Material and Sand to Henry Fischer and
Sons, Inc. (Public Works Transmittal 12/11/96, Bid Opening Form, Bid Review and
Recommendation Forms, Blank Contract)
96.028A
Approve First Addendum to the Agreement with Solin and Associates, Inc. -
Comprehensive Plan and Land Development Code Amendments (Community
Development Transmittal 12/12/96, Agreement Addendum)
96.112
96.028B
10.
PUBLIC HEARING
Procedures for public hearings: (R-96-53)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· Staff Presentation
Public Input - Limit of 10 Minutes Per Speaker
· StaffSummation
· 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
Conduct Public Hearing In Accordance with F.S. 197.3623;~ (3)(a) and Adopt Resolution
1~9, R-96-90 - Electing to Use Uniforrla Method of Collecting Non-Advaloreql Special
Assessments for Stormw. ater Management and Road Projects.ao(t $ervices (City Manager
Transmittal 12/12/96, R-96-90)
RESOLUTION NO. R-96-90
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM
SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY;
STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Conduct Public Heating an0 Adopt Resolution No. R-96-93 Approving the Evaluation
and Appraisal Report (EAR3 PreparelJ by Solin and Associates, Inc. - Authorize City
Manager to Transr0it Report to Department of Comraullity Affairs (Community
Development Transmittal 12/12/96, Report Under Separate Cover)
RESOLUTION NO~ R-96-9}
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
ACCEPTING THE 1996 EVALUATION AND APPRAISAL REPORT OF THE CITY OF
SEBASTIAN; AUTHORIZING THE TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
11. CO~VlMITYEE REPORTS/RECOMMENDATIONS
12. OLD BUSINESS
96.032
Skydive Sebastian Driveway Request (City Manager Transmittal 12/12/96, 11/13/96
Agenda Backup)
96.253
Approve Skydiver Landing in Riverview Park Subject to Appropriate Certificate of FAA
Approval Pursuant to Section 105.15 FAR's and Designated Landing Area - Provide
Direction to City Manager for Furore Approvals (City Manager Transmittal 12/12/96, Part
105 Air Traffic and General Operating Rules)
13. NEW BUSINESS
96.261
Ao
First Reading, Set Second Re,cling and Public Hearing for Ordinance2qo. O-9%01 on
January 8. 1997 - Code Enforcement Board Counsel (City Man,er Transmittal 12/12/96,
0-97-01)
ORD~qANCE NO. O-97-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 2-188 AND 2-189 OF THE CITY OF
SEBASTIAN CODE OF ORDINANCES ENTITLED "LEGAL COUNSEL" AND "CITY
ATTORNEY" RESPECTIVELY PROVIDNG FOR REPRESENTATION OF CODE
ENFORCEMENT BOARD BY CITY ATTORNEY; PROVIDING FOR PRESENTATION OF
CASES TO CODE ENFORCEMENT BOARD BY BUILDING DEPARTMENT
REPRESENTATIVE OR LEGAL COUNSEL; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
96,262
First Reading, Set ~econd Reading and Public Heisting for Ordinance No. O-97-02 for
January 8, 1997- Ulalawful to Park Vehicles Advertised for Sale on Public Property (City
Man~er Tran~0aittal 12/12/96, O-97-02,)
ORDINANCE NO. 0-5}7-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 6-1 OF THE CITY OF SEBASTIAN CODE OF
ORDINANCES ENTITLED "POSTING SIGNS" PROVIDING THAT IT IS UNLAWFUL TO
PARK, STORE, OR LEAVE MOTOR OR OTHER VEHICLE ON PUBLIC PROPERTY FOR
THE PURPOSE OF ADVERTISING SAID VEHICLE FOR SALE; PROVIDING EXCEPTION;
ESTABLISHING PRESUMPTION; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
96.129
C. Review Resolution No. R-96-53 - City Council Meeting Procedures (R-96-53)
96.130
D. Review City Council Pending List (List)
14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit of ten minutes for each speaker
15. CITY COUNCIL MATTERS
A. Mayor Louise Cartwright
B. Vice Mayor Walter Barnes
C. Mrs. Norma Damp
D. Mr. Raymond Halloran
E. Mr. Richard Taracka
16. ADJOURN (,,iH meetings beginning at 6:00 p.m. shah adjourn at 9:30 p.m. unless extended for
one half hour by a majority vote of City Council. ,4ll meetings beginning at 7:00p. m. shah
adjourn at 10:30 p.m. unless extended for one half hour by a majority vote of City Council)
ANY PERSON tVttO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL MTH RESPECT TO ANY
MATYER CONSIDERED AT THIS MEETEVG (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
OMAYNEED 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 ES.)
IN COMPLIANCE WITH THE AMERICANS WiTH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODAIION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT
LEAST 48 HOURS IN AD VANCE OF THIS MEETING.
Upcoming City Council Meetings:
Regular Meeting - Wednesday, January 8, 1996 - 6:00 p.m.
Regular Meeting- Wednesday, January 22, 1996-6:00 p.m.
PUBLIC iNPUT ON AGENDA ITEMS
SIGN-UP SHEET
DECEMBER 18, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT
FOR PUBLIC HEARINGS WHICH HAVE THEIR OWN SHEETS-TIME LIMIT OF 10
MINUTES PER SPEAKER
enda Item No. an~dTitle: c~. Z~/ ~,~ ~---4~ (
Address: .~'~q
Agenda Item No. and Title:
Address:
Agenda Item No. and Title:
Name:
Address:
Agenda Item No. and Title:
Name~
Address:
Agenda Item No. and Title:
Name~
96.112
PUBLIC HEARING SIGN-UP SHEET
DECEMBER 18, 1996 REGULAR MEETING
Conduct Public Hearing In Accordance with F3. L97.3632 (3.)(a) and Adopt
Resolution No. R-96-90 - Electing to Use Uniform Method of Collecting No/~-
Advalorem Special A~sessmemts for Stormveater Management arid Road
Projects and Servicea
RESOLUTION NO. R-9_6-9_.0
A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM
SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE
CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
For Against Information
Address
For Against Information
For
t InfOrmation
PUBLIC HEARING SIGN-UP SHEET
DECEMBER 18, 1996 REGULAR MEETING
96.028B
Conduct Public Hei~ril~ ariel Adopt Resolution No. R-96-93 34~Ol:0ving the
Evaluation and Apprai~l Report (EAR) Prepared by Soli~ and A~ociates, Inc.
- Authorize City Manager to Transmit Report to Department, of Community
I~ESOLUTION NO. R-96-93
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
ACCEPTING THE 1996 EVALUATION AND APPRAISAL REPORT OF THE CITY OF
SEBASTIAN; AUTHORIZING THE TRANSMITTAL TO THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
Name
Address
For Against Information
Name
Address
For
Against Information
Name
Address
For
Against Information
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
DECEMBER 18, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT
OTHER WISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER
SPEAKER
Address: ,f~/? ~~ ~ iff
Subject:
Address:
Subject:
Subject:
Name ~
Address:
Subject:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
96.258
SPECIAL MEETING
QUASI-JUDICIAL HEARING(S)
WEDNESDAY, DECEMBER 18, 1997 - 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 STREET, SEBASTIAN, FLORIDA
CALL TO ORDER
ROLL CALL
QUASI-JUDICIAL PUBLIC HEARING(S), FINAL ADOPTION
Procedures are located on back of agenda
~onduct Quasi-Judicial Hearing on a Special Use Permit Application Submitted by Joe
Graham for Sl0ecial Use P~rmit (Boat Depot) to Operate Boat Sales Facility at 1021
U, $. 1 (Commercial General Zoning) - Adoption of Resolution No. R-96-92 (Community
Development Transmittal 12/12/96, Sti~ffReport, R-96-92)
RESOLUTION NO. R-96-92
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
FINDING THAT BOAT SALES IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH
AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE
GENERAL COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO
MR. JOE GRAHAM FOR BOAT SALES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
96.243/
96.075
Bo
Conduct Quasi-Judicial Hearing and Adol~ti93 0fResolution No. K-96-8(~ - Approval of
Minor Subdivision Known as Barber Street Dedication and Acceptance o/Plat
(Cot~lunity Development Transmittal 12/12/96, StaffReport. R-96-86)
RESOLUTION NO. R-96-86
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
APPROVING A MINOR SUBDIVISION KNOWN AS THE BARBER STREET DEDICATION;
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PLAT;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN
EFFECTIVE DATE.
4. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WiTH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. O105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48
HOURS IN ADVANCE OF THIS MEETING.
I Proceduresfor Quasi-Judicial Hearings as Follows (In accordance with R-96-87):
Mayor/Presiding Officer Opens Hearing and Outlines Rules
City Attorney reads Ordinance or Resolution (if Applicable)
If Requested by Party or Party Intervenor - Clerk/Secretary Administers Oath to Other Parties and/or
Party Intervenors Who Intend to Testify
For Non-Land Use Matters- Disclosure of Ex-Parte Communication
Staff Initial Presentation
Inquiry of Staff by Affected Parties through Mayor or Presiding Officer
Applicant Presentation - Uninterrupted 15 Minutes
Inquiry of Applicant by Council (or Staff or Affected Parties through Mayor or Presiding Officer)
Proponents' Testimony- 3 Minutes or 10 Minutes if Representing 5 or More
Inquiry of Proponents by Council/Board
Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if
Representing 5 or More
Inquiry of Opponents by Council/Board
Opening of Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More
inquiry of Informational Witnesses by Council/Board
Closing of Public Information Period
Staff Response and Summary - 10 Minutes (Affected Parties May be Allowed to Make Clarifications or
Ask Questions of Staff)
Applicant's Rebuttal Presentation - 10 Minutes (Affected Parties or Staff May be Allowed to Make
Clarifications or Ask Questions of ApplicanO
City Council/Board Inquiry of Applicants, Opponents or Staff
Close Hearing and Formal Action
Affected Parties are the Applicant, Staff or Affected Landowners Entitled to Notice Under any Statute or City
Code.
QUASI-JUDICIAL HEARING SIGN-UP SHEET
DECEMBER 18, 1996
8 A. Conduct Quasi-Judicial Hearing QI~ a Special Use Permit Application
Submitted by Joe Graham for Special Uso Pcrr~it (Boat Depot) to Operate
Boat Sales F~ility at 1021 U.S. 1 (Commercial Genera] ZQi~J,IIg) -
Adoption of Resolution No. R-96-92
RESOLUTIObI
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING THAT
BOAT SALES IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS
CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL COMMERCIAL ZONING
DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. JOE GRAHAM FOR BOAT SALES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For
Against Information
QUASI-JUDICIAL HEARING SIGN-UP SHEET
DECEMBER 18, 1996
. 43 B. (3onckl~t Quasi-Judicial Hearing and Adoption of Resolution N9,.1~-96-86 -
Approval of Minor Subdivision Known as Barber ~Ircot Dcglic~tion and
Acc~Dti~l~c~ of Plat
R_F,$OLUTION NO. R-96-86
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING
A MINOR SUBDIVISION KNOWN AS THE BARBER STREET DEDICATION; AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PLAT; 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
Name
Address
For Against Information
Name
Address
For Against Information
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570 '
SEBASTIAN CITY COUNCIL
MINUTES
SPECIAL MEETING
QUASI-JUDICiAL HEARING(S)
WEDNESDAY, DECEMBER 18, 1997 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS 3dAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK-
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Cartwright called the Special Meeting to order at 6:03 p.m.
ROLL CALf,
City Council 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
Deputy City Clerk, Sally Maio
Special City Council Meeting
December 18, 1996
Page Two
96.258
QUASI-~UDICIAI~ ~I, JBLIC HEARING(S}, FINAL ADOPTION
Procedures are located on back of agendfi
Co. il~l$tct Quasi-Judicial Hearing on a Special Use Permit Application Submitted by Joe
Graham for ~;pecial Use Permit (Boat Depot) to Operate Boat Sales Facility at 1021
Il. S. 1 (Commercial General Zoning) - Adoption of Resolution ~9.,R-96-92 (Community
DevelopmellLTr0,~smittal 12/12/96, StaffRepo~ R-96-92).
RESOLUTION NO. R-96-92
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
FINDING THAT BOAT SALES IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH
AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE
GENERAL COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO
MR. JOE GRAHAM FOR BOAT SALES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-92 by title only; Mayor Cartwright called the
Special Meeting to order at 6:04 p.m. and the Director of Community Development gave
the staff presentation, recommending approval.
The Director of Community Development described the location of the subject property.
Mr. Taracka asked if all boats will be displayed on one level and said adjacent property
owners were pleased t° see the site used. Mr. Halloran asked how boats would be tested.
The Director of Community Development said a site plan will be submitted by Mr.
Graham and that Mr. Graham is purchasing the Stevenson house which has river access.
The Director of Community Development reiterated that Planning and Zoning and staff
recommend approval in accordance with the staff report.
Mayor Cartwright cloSed the quasi-judicial hearing at 6:15 p.m.
Special City Council Meeting
~December 18, 1996
Page Three
96.243/ B.
96.075
MOTION by Taracka/Halloran
I make a motion to approve Resolution No. R-96-92.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
Conduct Quasi-Judicial Hearing and Adoption ofResolutiorl y/o. R-96-86 - Approval of
Minor Subdivision Known as Barber Street Dedication and Acceptance of Plat
(Conlinunity Development Tr.~srrtJttal 12/12/96. StaffRepo~ R-96-86)
KI3$OLUTION NO. R-96-1~6
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
APPROVING A MINOR SUBDIVISION KNOWN AS THE BARBER STREET DEDICATION;
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PLAT;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Cartwright opened the quasi-judicial hearing at 6:16 p.m.; and the City Attorney
read Resolution No. R-96-86 by title only.
Nelson Hyatt indicated he did not wish to have anyone sworn.
The Director of Community Development gave the staff presentation and recommended
approval.
The City Manager, in response to Mrs. Damp, said after Indian River County has
constructed the roadway there will be a simultaneous vacation of this right-of-way with a
deed exchange for the property where the new road is going.
Special City Council Meeting
December 18, 1996
Page Three
Nelson Hyatt briefly addressed City Council stating that after the exchange of property the
vacated property may be used.
The Director of Community reiterated his recommendation to approve.
Mayor Cartwright closed the quasi-judicial hearing at ,6:23 p.m.
MOTION by Barnes/Taracka
I move to approve Resolution R-96-86.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
4. Being no further business, Mayor Cartwright adjourned the Special Meeting at 6:25 p.m.
Approved at the ~t~.~.( g
,1997, Regular City Council Meeting.
Mayor
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, DECEMBER 18, 1996
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAINSTREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Cartwright called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Police Department Chaplain Frank Camillo.
CALL
City Council Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
StaffPr~sel~t;
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Director of Community Development
Bob Massarelli
Public Works Director, Richard Votapka
Chief&Police, Randy White
Deputy City Clerk, Sally Maio
oRegular City Council Meeting
December 18, 1996
Page Two
96.259
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-$3)
Mayor Cartwright recommended addition of an item regarding procedures for appointment of
alternates to the Citizens Advisory Task Force.
MOTION by Cartwright/Barnes
I move to add item 13 E New Business to the agenda.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - nay
MOTION CARRIED 4-1 (Damp - nay)
PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATiO~IS
A. Presentation of Plaque - Erllployee of the Year 1996
The City Manager presented a plaque to Employee of the Year, John Pratt.
Mayor Cartwright announced that MADD has requested all people drive with their lights on
December 20, 1996 to commemorate those killed by drunk drivers; and announced a holiday
show at Sebastian River High School this weekend.
CITY ATTORNgY MATTERS
The City Attorney said she had drafted an ordinance for the first meeting in January prohibiting
auto repair for profit in residential districts.
2
oRegular City Council Meeting
December 18, 1996
Page Three
CITY MANAGER MATTEI~
The City Manager reported that the City had passed its review on administration and permitting
procedures for the Federal Flood Plain Program; and reported on his attendance at the MPO
meeting at which he learned that the Indian River Drive sidewalk construction had been pushed
ahead to August of 1998.
96.260
96.028A
~ON~NT 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.
A. Approval of Minutes - 12/11/96 Workshop, 12/11/96 Regular
Bid Awards for Annual Material Contract for Coquina Shell Base Material to Blackhawk
Quarry of Florida, Inc. - Annual Material Contract for General Fill to L.I. Tree Service -
Annual Material Contract for Road Stabilization Material and Sand to Henry Fischer and
Sons, Inc. (Public Works Transmittal 12/11/96, Bid Opening Form, Bid Review and
Recommendation Forms, Blank Contract)
Approve First Addendum to the Agreement with Solin and Associates, Inc. -
Comprehensive Plan and Land Development Code Amendments (Community
Development Transmittal 12/12/96, Agreement Addendum)
The City Manager read the consent agenda.
MOTION by Taracka/Halloran
I move to approve the consent agenda as read.
ROLL CALL:
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
- aye
- aye
- aye
- aye
MOTION CARRmD 5-O
City Council Meeting
December 18, 1996
Page Four
10.
PUBLIC HEARING
Procedures for public hearings: (R-96-53)
· Mayor Opens Hearing
° Attorney Reads Ordinance or Resolution
· Staff Presentation
° Public Input - Limit of 10 Minutes Per Speaker
° Staff Summation
· Mayor Closes Hearing
° Council Action
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the
Podium and State His/Her Name for the Record
96.112
~Qr~duct Public Hearing ]~a Accordance with F.S., 197.3632 (3)(a) and Adopt Resolution
No. R-96-90 - Electing to Use Unifoyrn Method of Collecting Non-Advalorem Sl~ecial
As~s~ments for Stormwa~er Management and Rowel Projects and Service~ (City Manager
Tr~mittal 12/12/96, R-96-90)
RESOLUTION NO. R-96-90
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM
SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY;
STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Cartwright opened the public hearing at 7:10 p.m.; the City Attorney read
Resolution No. R-96-90 by title; and the City Attorney gave a brief presentation.
David Cox, 1740 Arch Ct., Sebastian; inquired about the method, to which the City
Manager responded that this resolution provides the ability to utilize the method which
would, if approved at a later hearing, equally assess improved and unimproved lots.
Charles Stachel, 1698 Coral Reef Street, Sebastian, said he believed undeveloped lots do
not affect drainage adversely.
TAPE I - SIDE II (7:25 p.m.)
Mr. Stachel continued.
4
oRegular City Council Meeting
December 18, 1996
Page Five
96.028B B.
Herbert Sturm, 549 Saunders Street, Sebastian, said only vacant lot owners should pay for
mowing of ditches and swales and that people in certain areas should not be penalized
because of the City's failure to repair culverts in other areas.
The City Manager said the process of assessment will take due diligence as it is developed.
Mayor Cartwright closed the public hearing at 7:34 p.m.
MOTION by Damp/Barnes
I move that we adopt Resolution R-96-90 which is to provide uniform method of
collection of the non-advalorem assessments.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
Conduct Pul~li~ Hearing and Ado. pt REsolution No. R-96-93 Approving the Evaluation
~Appraisal Reporl LEAR) Prepared by Solin and A~ocjates, Inc. - Authoriz~ ~Jty
Manager to Transmit Report tO Pcpartment of Commurlity Affairs (Communitlt
Development Transmittal 12/12/96, Report Under Separate Cover)
RESOLUTION NO. R-96-93
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
ACCEPTING THE 1996 EVALUATION AND APPRAISAL REPORT OF THE CITY OF
SEBASTIAN; AUTHORIZING THE TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Cartwright opened the public hearing at 7:35 p.m. and the City Attorney read
Resolution No. R-96-93.
Regular City Council Meeting
December 18, 1996
Page Six
11.
The City Manager recommended the public hearing be continued until January 8, 1997 in
light of revisions received. He distributed a report from Solin and Associates, Inc.
received December 17, 1996 containing Department of Community Affairs (DCA)
comments (see attached).
The Director of Community Development gave a brief presentation and concurred with
the City Manager's recommendation.
Les Solin, Solin and Associates, Inc. gave a brief overview of the Evaluation and
Appraisal Report. His associate distributed 40 pages to each Council addressing EAR
revisions requested by DCA, and Mr. Solin reviewed went over them. He concurred with
postponing the hearing to give City Council time to review the revisions.
MOTION by Cartwright/Halloran
I move to continue this hearing until January 8, 1997.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp ~ aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
COMMITTEJ~ .I~PORTSfRECO3'IM~I~NDATIONS
None.
6
City Council Meeting
December 18, 1996
Page Seven
12. OLD BUSINES~
96.032 A.
Skydiye Sebastian Driveway Request (City Mallager Transmittal 12/12/96. 11/13/96
Agenda B0ckup)
The city Manager said he brought this item back to Council at the request of Mr.
Grimwade due to his failure to inform Mr. Grimwade that his item was on the November
13, 1996 agenda when it was acted upon, however, he maintained his original.
recommendation to deny the request.
MOTION by Cartwright/Damp
I move to rescind the Council action of November 13, 1996 in order to provide an
opportunity to present information to us.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
Andy Grimwade, Skydive Sebastian of South Florida, Inc. had previously submitted a
letter of request (see attached) for an additional driveway funded by the City.
TAPE II - SIDE I (8:12 p.m.)
MOTION by Barnes/Taracka
I'll make a motion to reject the request for the additional driveway at Skydive
Sebastian.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - nay
MOTION CARRIED 4-1 (Damp - nay)
Regular City Council Meeting
December 18, 1996
Page Eight
96.253 B.
Approve Skydiver Landing in Riverview Park Subject to Appropriate Certificate of FAA
Approval Pursuant to Section 1.05.15 FAR's and D~ignated Landing Area - Provide
Direction tO City Manager for Future Approvals (City Manager Transmittal 12/12/96, Parl;
105 Air Traffic and General Operating
The City Manager said FAA had informed him as long as the plane is over the Indian
River and not over the congested area it has no objection nor requires a certificate. He
asked for direction from Council as to how it wants to process this and future requests.
Sal Neglia, 461 Georgia Boulevard, Sebastian, objected to the jump for safety reasons.
Mayor Cartwright suggested these requests be handled administratively; said Council
should set specific guidelines for activities in parks which can then be approved
administratively. Vice Mayor Barnes agreed that requests for use of parks have to be
better presented and that guidelines do need to be established.
The City Manager said he had received some history on park use and various policies
established over the years, and suggested a written policy be established. He noted there
are certain policies in the Code of Ordinances.
City Council discussion followed as to the need for guidelines and procedures, an end to
micromanagement, the need for better communications by those requesting use, and
letting staff handle details.
MOTION by Cartwright/Halloran
I'd like to move to approve the City Manager's approval of the skydiver landing at
the park for the celebration on December 20, 1996.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
ORegular City Council Meeting
December 18, 1996
Page Ten
ROLL CALL:
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
Mr. Taracka
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
96.262
First Re~,~ing, Set Second Reading and Public Hearing for Ordinance No. O-97-02 for
Januar~ 8, 1997- Unlawful to Park Vehicles Advegise{l for Saleon Public Properly ~Cil,v
Manager Trall~littal !2/12/96, 0-97-02}
ORDINANCE ~O, O-97-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 6-1 OF THE CITY OF SEBASTIAN CODE OF
ORDINANCES ENTITLED "POSTING SIGNS" PROVIDING THAT IT IS UNLAWFUL TO
PARK, STORE, OR LEAVE MOTOR OR OTHER VEHICLE ON PUBLIC PROPERTY FOR
THE PURPOSE OF ADVERTISING'SAID VEHICLE FOR SALE; PROVIDING EXCEPTION;
ESTABLISHING PRESUMPTION; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-97-02 by title and recommended a minor
amendment to redefine vehicles "to include but not limited to trailers, motorcycles, boats,
and other types of watercraft".
MOTION by Barnes/Taracka
I move to approve the first reading and set the second reading and public hearing
for Ordinance 0-97-02 for January 8, 1997 including the amendments mentioned by the
City Attorney.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwfight - aye
MOTION CARRIED 5-0
l0
ORegular City Council Meeting
December 18, 1996
Page Eleven
96.129
96.130 D.
TAPE II - SIDE II (9:
C. Review Resg!uti0n No. R-96-53 - City Council Meeting Procedures .(R-96-53)
Mr. Halloran suggested amendment to Section 8 Paragraph C to define "new business" as
"an item that has occurred or discovered within the previous six months". The City
Attorney said this would not present a problem.
Herbert Sturm, 549 Saunders Street, Sebastian, said he felt this issue was directed at him
and asked why Council should ignore an issue when it has not been resolved. He said
there is a freedom of speech right and if Council thinks it can ignore him, it may see him in
court.
Mayor Cartwright recommended that Section 2 be amended to allow the City Manager to
add a quasi-judicial hearing to a regular meeting agenda at his discretion when necessary.
City Council concurred.
Mayor Cartwright called to attention the provision that allows any member to call a point
of order. She pointed out tha'.t Mrs. Damp had provided Vero Beach procedures as well
as other cities. The City Attorney said the majority of governments establish procedures
by ordinance. Mayor Cartwright said she preferred a resolution to allow easier change at
this time.
ThE City Attorney was directed to amend the resolution and bring it back to the next
meeting.
l~eview City Council Pen~ing List (List)
Vice Mayor Barnes:
96.136 - Wave Street.
11 p.m.)
Wa~,e Street discussion continued.
11
Regular City Council Meeting
December 18, 1996
Page Twelve
City Council concurred with proceeding to one-way Wave Street.
96.16 i - ATV and orange grey0 Iritffic. City Manager rePorted on letters to and
discussions with Indian River County regarding a corridor study for. alternative access.
96.179 - Barber Street Sports Complex Drainage. City Manager said the survey work is
done' and the project is ander design.
Mrs. Daml~
96.131 - Cit7 Council travel expenses. City Manager noted that 'an ordinance and
resolution need to be brought back.
96.135 - Civilian review boardz Following input from Chief White and discussion the item
was withdrawn from pending.
96.191 - Mini-Storage. Director of Community is reviewing Vero Beach and Indian River
County ordinances.
Mr. Halloran
96.059 - P~rk Policy. Discussed tonight for workshop January 22, 1997.'
96.123 - Former Utility Building. City Manager said he had received estimates to separate
electrical service and close offcommon area and that the two groups need to resolve
differences before anything can be brought to Council.
Mr, Taracka
95.211 - t~arber Street football field light~. City Manager said there is discussion of
realigning the field, therefore, lights are currently on hold.
Ca~rtwright
96.133 - Marina Purch~. Withdrawn.
12
ORegular City Council Meeting
December 18, 1996
Page Thirteen
96.190 - Pl~rking ordinance. Director of Community Development said he will address
a~e~ LDC amendments are completed.
96.132 - l~loard procedures. City Attorney said she is working on.
95.152 - Tennis courts. City Manager said this has been sent to the City Clerk's office for
bid.
E. Alternates for Citizen Advisory Task Force
The City Manager read from Exhibit A of Resolution No. R-95-15 relative ,to appointment
of Citizens Advisory Task Force members, noting there is no provision for alternates.
Mayor Cartwright suggested that Council direct the City Manager to bring back a
resolution allowing two alternates. Council concurred.
14.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Herbert Sturm, 549 Saunders Street, Sebastian, discussed the Civilian Review Board; said Mr.
Hill deserves an aPology from Mrs. Winninger; suggested concrete rubble be placed in the Elkcam
Watel-w~ty adjacent to the Winninger's; discussed other drainage pr6blems in the City.
Gary Nurek, 538 Drawdy Way, Sebastian, inquired about having to remove his ice cream trailer
from Riverview Park. Mayor Cartwright said the Chamber had neglected to obtain approval for
vendors for Winter Wonderland.
TAPE III - SIDE I (10:00 p.m.)
The City Manager read from Section 74-4 of the Code of Ordinances" prohibiting vehicles in city
parks in other-than paved areas or designated parking areas and perhaps Council could direct him
to designate a parking area deemed to be safe from vehicular damage of trees or sprinkler
systems. The CitY Attorney said the Council also has discretion in interpreting what is a vehicle.
Mr. Taracka said he had a problem with the motor home in the park. Mayor Cartwright said Mr.
Nurek should go back to the Chamber for approval and the City could work it out through the
code. Mr. Barnes noted that the Chamber would have to first talk to the City Manager and the
Mayor concurred.
13
Regular City Council Meeting
December 18, 1996
Page Thirteen
15.
Tut Connolly, 149 Kildare Drive, Sebastian, commended stafffor the City decorations, said the
park looked beautiful, but suggested the City look into holiday decorations for U.S. 1 for next
year.
Sal Neglia, 461 Georgia Boulevard, Sebastian, said the Chamber of Commerce should admit they
are conducting a fundraiser and not use the city employees as an excuse; said city employees were
paid during work hours on Winter Wonderland rather than volunteering as the Press Journal
indicated; suggested another organization take over the Winter Wonderland festivities; noted the
Chamber had never requested vendors and advised that the parking prohibition 'be changed or
complied with; objected to the trailer being parked on the south parking area; and recommended
the Sembler slab be required to have a new site plan.
CITY COUNCIL MATTERS
Ma~or Louis~ Cartwright
Mayor Cartwright requested that staff look into holiday decorations for next year as soon
as possible; recommended that street lights be installed at the Airport Drive West
intersections, to which the City Manager responded he is proposing a lighted tenant sign;
reported On the a trench that needs filling on Laconia at the construction of Winn-Dixie;
and suggested that Sal Neglia volunteer to assist with Winter Wonderland next year.
B. Vice Mayor Walter Barnes
Vice Mayor Barnes commended people involved in recent Sebastian High School shows
and events.
C. Mrs. Norma Dam~
None.
D. Mr. Raymond Halloran
None.
14
ORegular City Council Meeting
December 20, 1996
Page Fifteen
16.
E. Mr. Richar~l Taracka
Mr. Taracka wished every, one a happy holiday and congratulated the Barnes on their 42nd
Anniversary.
Being no further business, Mayor Cartwright adjourned the meeting at 10:25 p.m.
Approved at the
Kathryn M.VO'Halloran, CMC/AAE
City Clerk
997, Regular City Council Meeting.
Mayor
SOLIN AND ASSOCIATES, iNC.',, .~:...
901 'DouGLAs AVENUE, SUITE 207 '
.,
ALTAMONTE SPRINGS, FLORIDA 32714, -,.% ~<:..
(407) 682-7200 (407) 682-7206 fax
fax
tO:
.ROBERT J. MA~$ARELLI
PLANNING DIRECTOR
CITY SEBASTIAN
I 407.589.5570
T.I~STER L. SOLIN, JR_, AICP
THOMAS 1L TEMi~ AICP
SOLIN AND ASSOCIATES, 12q'C.
date:
subject:
i December 17, 1996
DCA PROPOSED COMMENTS
pages:
NOTES:
5 INCLUDING COVER
WE RECEIVED TI~S LATE YESTERDAY AFTERNOON. WE
WILL BE TALKING TO MIKE CHINN TI{IS MORNING.
CALL IF YOU HAVE ANY QUESTIONS.
DEC 17 '96 10:31 SOLIN AND ASSOC. 19G PO~
i2/i~/199S 17:22 984488330~
COM~tUHITY AFFAIRS
CI.TY OF SEBASTIAN
PROPOSED REVIEW COMlVrl~NTS
December 16, 1996
The Department received the City of Sebastian's proposed Evaluation and Appraisal
Report (EAR) pa November 4, 1996. The City intends to adopt their EAR on December l It,
1.o96, ahead of their 1anuat3, l~ 1997 Rule 9J-33, F.A.C, deadline. The Depaztment's staff has
completed tl~.e review of the proposed EAR emd identitied so:ne issues that are not adequately
addressed.
L General Comments:
1. Deferring Policies ~c~ th~ Jcl)Rs; The adopted City of Sebastian Conlprehensive Plan,
particularly thc Future Land Use Elem.ent~ e~)ntaias many objectives and policies t,Eat defer
guidelines kad standards to die Land Development Regulations (LDI~). Section 163.3177(9),
F.$, and Rule 9I-5.005(6), F.~yLC. requixe plaal elements to contain "policies to guide thtare
decisions i~. a consistent manner" and "programs and activities to ensure that comprehensive
plans are itgplemeated/' To defer standards to the LDP,~ :nake~ the plan unenforceable under S.
163.3215, ~'.3'. Wttile some of the issues actdre~se;t lay the objeetive~ and policies may already
be acconaph.'shed through provisions contained in the LDRs, there is no assurance tha~; the local
government could not change or modify the LDIL~ without the State having any chance to
review thera. Such action might then affect compliance issues with which the Depart:nen~ ia
concerned. 'The LDRs are a tool that local govera:nenxs can use to carry out their comprehensive
plans; they 'do not comprise the plan i~self. The goals, objectives and policies of the plan
establish th~ fi-amework that can then be carried out by more specific ordinances or regulations
govet-aiag l~nd develop:neat--such aa zoning and site plan review. Many of the current policies
,xud objectiyes of the plan are not specific or measurable because they defer actions t'rom theix
plan to the LDR~,
Recomm_ejl~tation; The City needs to analyze the existing policies, particularly in the Future
Land Use Element, which defer actions to the LDRa. The City should sl~w ia the EAR what
revisions, bpsed on the analysis, it recommends to revise any policies that defer actions to the
LDRa so th.at they will contain guidelines and standards that will be specific and :neasurable.
The EA~. al~uld also addrea-~ the issue$ contained ia the cun'ent policies that de/er actio~ to the
LDRa. Th~ EAR should propose policies that contain specific and measurable criteria. Once the
basis for authorizing ~he revised policies is established, through a subsequent plan amendment,
the City cou]ld then revise its LDRs to cnntain :note specific criteria and requirements to
implement ihe new policies.
2. ~onsiste{%v: The proposed EAB, acknowledges that the Plan must be consistent with new
state a.nd regional growth management require~nenta iu Chapter 163, F.S., and Rule 9I-5, F.A.C.,
but it does apt indicate that it must also be consistent with the State Comprehensive .Plan and
12'/16/1~96 IT: 22 S04488330g 031','iMLII~IITY ~FF~I~S P~.~ 03
i
Strategic R~egmnal Policy Plan. Thc report docs not tully analyze the effect of statutory and rule
changes upon each Plan element by asse~sin.g the impact of new requirements on the community.
Kccommel;~.atioq: Rex, isa the report, where necessary, m assess the Plan's consistency with
~tamtory a~td rule changes. In addition to identifying cbange.~ to state requirements since plan
adoption, e,xplain the extent to which the Plan is consistent with each new requirement. Address
Plan consis?ncy with the State Comprehensive Plan and Strategic Regional Policy Plan.
3. lnadeqtlate Analysis: The EAR. report evaluates each objective through incorporation of an
F~zaluatj, gn '.of Comprehcptive P. lll/t Ob~tectiyt~ Matrix. The matrix e-valuates each objective
against a me~urab[e target a~ to whether tiaa objective was achieved. Generally, the report
mak~ a f~ding regarding achievement of each objective, but fails to provide an adequate
assessment or analysis indicating why the objective was not achieved In many instance~, the
EAR dtd ao, t contain sufficient data and analysis to be able to properly and clearly evaluate the
objectiv~ .,md policies.
Rerdllltlllenitaum~; Revtse the report to properly analyze the achievement of the objective(s) or
the lack of achievement of th~ objective(s). Explain why aa objective w~ or w~ not achiw, ted
and what c4nditiona existed ia the community may have contributed to the objective being met
or not berg met. The EAR. needs to contain an analysis of the plan's objectiv~ and policies a~
to whether lhey have bees achieve~l or not. This may require additional data and .analysis to be
able to mak~ a proper evaluation.
II. Major issues Not Adequately Addressed:
1. Concurre~nc.~; The report stalin that the City has never adopted a ¢oncurremcy management
system (CMS). While the City haq adopted Level of Service Standard~, it h~ not adopmd a
system by which to measure whether or not the established .levels of service standards have
.met and arelbeing met. The report dom not adequately address the new State requirement, for a
CMS. Further, the EAR states that the City will adopt a concurrency management system
(CMS) by January 1998 to meet the new requirement. The effect that the new (CMS)
requh'emen~'will .have on the City ~d thc type of chan$~ proposed to meet the new requirement
a~e not. dB~ssed in the report.
2. Lo¥els o_~_' Sers'ic¢.~qtanlllrds: As noted above, the City h~ not adopted a concurrency
rnanageme~ system. Policy 4-2.1.3, in the City's Public Facilities Element of their adopted
Plan, indicat~ that prior to issuing a site plan or building permit, the City shall render a finding
that the appiicant has provided written assurance that the proposed development shall be served
with water, ~tewater, solid wasU:, dr~b~a.ge_, recreation and a traffic circulation sysmm with a
level of ~edioe at least equal to the adopted levels of service. The developer's applicatio~ ~hall
include writ'Ilea assuranee~ that any requlrod improveme, nm shall be in place concurrent with the
impacts of t,he development. The City doe, not perform a LOS ~valuation at tho application
stage,, and therefore, cannot determine the adequacy of public facilities or services.
2
3. Cag)izal Improvements: The EAR report fails to provide an ass~sment of the applicability of
new requir,:ments based on changes to the CMS includ~g capital improvements for maintaining
area-wide ,OS standards. The City has no criteria for determining that lm~d use decisions, and
deeision~ Ma. pacti~g public facilities direct fiscal resourc¢s towaxd meeting existing and future
facility needs,
l~o¢omme~clauon_(for i, 2 and 3): Revise the EAR to discuss the et'feet that the new state
requiremen! for a Concurrency Management System will have on the City of Sebastian. Specify
the activities.,` that will be conducted in order to meet the requirement. Examine the requirements
for concurrency and the effect on the three issues above. Th~ EAR should evaluate whether th.e
adopted LOS standards included in the plan are adequate and realistic to ensure thal facilitiea and
services axei meetk~g tho publi¢'a basic needs.
4. N~tural ~esour_ce~Prn.t~tion: The City has not adequately assessed natural resom'ce
protection .measures in thelr.F, AK and does trot adequately analyze the current condition~ of the
City's aatm~l resources as they relate to wetlands protection, soil conditions, wildlife and
wildlife hal~tat, and threatened and endangered epecies. The rel~ort indicates that Objective 6-
1.9 of the P~an, en.quriug that designated conservation land resources are p~otected, has not been
imp.lemeate~t. There was no a~sea~ment of land us~ allowed and the need tbr a Central aewerage
system/was~tewater treatment in areas with poor soil conditions unsuitable for septic tan~. The
report aclm~wledgea new role requirements related to wetlands, but fails to discuss the need for
a required cgmprehensive wetlands planning program or how it will direct developmem away
from wet/as/ds. The EAR. does not adequately analyze the character and magnitude of existing
vacant or ut, developed land ~to determine its suitability for use including, but not limited to, .~oil$
and natural i-esources or the availability of sanitary sewer and potable water. [9I-5.006(3)(b) l,
9I-5.011(1)if). 4., and 9]'-5.013(2)(c)6., F.A.C.]
~.0~rnen4~6on: Revise the report to ~se~s the plan's effectiveness in providing
comprehensive protection of the City's ecological systems including wetlands, soils, receiving
water bod~e~, wildlkfe and wildlife habitat. The City should evaluate the suitability or non-
suitability o,f the soils ¢lassificafiom for the continued use of septic tank-% and evaluate the
feasibility o/~ and need for a central wastewater treatment system to serve those area.~ with poor
soils which/re unsuitable for septic tanks.
5. Stilpulatec[ Sertlemeat~ ^greem~t Compli~e Ismae: On June 12, 1991, the City of Sebastian
and the Dep~rtment entered into a Stipulate Settlement Agreement requiring the City to amend
it's ComPre~temive Plan to bring it into compliance. Part of the settlement agreement proposed
a future date~ to adopt additional amendments to complete the conditions of the agreement, see
Objectives I.;,-3.1, 9-1.5, and 3-1,4 and Polici~ 3-1.4.1 and 3-1.4.2 ~ ~namples. Tt~o City'~
proposed E ~Alt. contains recoraJmended EAR-based amendments~ la addition to the examples
cited above,[other recommended a~endments are ~ettlement related amenaments that were never
3
adopted by the .proposed date of September 1990.
Recol~txl~ndatioll: Adopt all l~AR-based amendments, includiag a CMS, witkia one year of the
date that th6 City's EAR is adopted. Settlement related amendments must be adopted by next
amendmeul/cycle, but no later than the required adoption date for the EAR-based amendments.
Failure to db so could re-quit in a~ enforcement action.
4