HomeMy WebLinkAbout01081992 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR/WORKSHOP MEETING
WEDNESDAY, JANUARY 8, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Carl Merola - St. Elizabe%h
Episcopal Church
4. ROLL CALL
5. AGENDA MODIFICATIONS ~ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARING, FINAL ACTION
91.066
ORDINANCE NO. O-91-10 - Columbus Club
Comprehensive Land Use Plan Amendment
2ND PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE
COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER
COUNTY MD-1 (MEDIUM DENSITY) DISTRICT TO CITY OF
SEBASTIAN INS (INSTITUTIONAL) DISTRICT FOR LAND
SITUATED IN THE NORTH CENTRAL AREA OF THE CITY,
APPROXIMATELY 2.65 ACRES MORE OR LESS, LOCATED ON
GIBSON STREET; PROVIDING FOR A COPY OF THE
91.066
91.151
DESIGNATION CHANGE TO THE COMPREHENSIVE LAND USE PLAN
MAP TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 3/27/91, Letters to
Abutters 4/1/91, Advertised 1/4 Page 4/15/91, 1st PH
4/24/91, Transmittal to DCA, Letters to Abutters
12/6/91, Advertised 1/4/ Page 12/31/91, 2nd PH and
Adoption 1/8/92)
B. ORDINANCE NO. O-91-11 - Columbus Club Rezoning
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING
CERTAIN PROPERTY IN THE NORTH CENTRAL AREA OF THE
CITY, APPROXIMATELY 2.65 ACRES MORE OR LESS, LOCATED
ON GIBSON STREET, FROM INDIAN RIVER COUNTY ROSE 4
ZONING DISTRICT TO CITY OF SEBASTIAN PS (PUBLIC
SERVICE) ZONING DISTRICT; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (lst Reading 3/27/91, Letters
to Abutters 12/6/91, Advertised Legal NOtices
12/31/91, 2nd PH and Adoption 1/8/92)
ORDINANCE NO. 0-91-13 - Adult Entertainment
Regulation
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 10 OF THE
SEBASTIAN CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN, REGULATING ADULT BUSINESSES WITHIN THE
CITY OF SEBASTIAN, FLORIDA; PROVIDING SCOPE AND
CONSTRUCTION; SETTING FORTH PURPOSE AND FINDINGS OF
FACT; PROVIDING DEFINITIONS; PROVIDING BUSINESS
LICENSE APPLICATION REQUIREMENTS AND FEE THEREFOR;
PROVIDING LICENSING PROCEDURES AND ADMINISTRATION;
PROVIDING REGULATIONS GOVERNING GRANT, DENIAL AND
APPEAL OF DENIAL OF LICENSE; PROVIDING FOR TERM OF
LICENSE; PROVIDING REGULATIONS GOVERNING RENEWAL,
EXPIRATION AND CANCELLATION OF LICENSE; REQUIRING
MAINTENANCE OF RECORDS AND REPORTS BY LICENSEE;
PROVIDING REGULATIONS GOVERNING SUSPENSION AND
REVOCATION OF LICENSE; PROVIDING REGULATIONS
GOVERNING TRANSFER OF LICENSE; PROVIDING GENERAL
REQUIREMENTS FOR ALL LICENSED PREMISES; PROVIDING
ADDITIONAL REQUIREMENTS FOR ADULT THEATERS AND ADULT
DANCING ESTABLISHMENTS; MAKING CERTAIN ACTS AND
OMISSIONS RELATING TO THE OPERATION OF LICENSED
2
91.151
91.043
PREMISES UNLAWFUL; PROHIBITING THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES ON LICENSED
PREMISES; PROVIDING PENALTIES FOR VIOLATION; VESTING
RESIDUAL POWER IN CITY COUNCIL; PROVIDING FOR THE
REPEAL OF SECTION 4-3 OF THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 11/13/91, Advertised Legal Notices
12/24/91, PH and Adoption 1/8/92)
ORDINANCE NO. 0-91-14 - Adult Entertainment -
Amending Conditional Use Criteria
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; PROVIDING FOR
THE AMENDMENT OF THE LAND DEVELOPMENT CODE TO
REGULATE THE LOCATION OF ADULT ENTERTAINMENT
ESTABLISHMENTS; PROVIDING CONDITIONAL USE CRITERIA
FOR ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING
DEFINITIONS; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
11/13/91, Letters to Abutters and Affected Property
Owners 12/6/91, Advertised Legal Notices 12/24/91, PH
and Adoption 1/8/92)
ORDINANCE NO. 0-91-29 - Charter Amendments -
Gender-Neutral Language - 3/10/92 Referendum
PUBLIC HEARING AND ADOPTION FOR PLACEMENT ON 3/10/92
BALLOT
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; PROVIDING FOR GENDER-
NEUTRAL LANGUAGE WITH RESPECT TO MEMBERS OF THE CITY
COUNCIL; PROVIDING SPECIFICITY WITH RESPECT TO THE
TERM "COUNCIL"; 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
WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC
NOTICE OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 12/18/91, Advertised 12/24/91, PH
and Adoption 1/8/92)
3
91.043
ORDINANCE NO. O-91-30 - Charter Amendments -
Document Signatures, City Council Vacancies, City
Council Meetings, Appointment of Standing
Committees, Regular & Special Meetings, Election
Issues - 3/10/92 Referendum
PUBLIC HEARING AND ADOPTION FOR PLACEMENT ON 3/10/92
BALLOT
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; AMENDING SECTION 2.06
OF THE CITY CHARTER PERTAINING TO THE DUTIES OF THE
MAYOR AND THE ELECTION OF A VICE MAYOR; PROVIDING
THAT THE MAYOR MAY SIGN ALL CONTRACTS, BONDS,
DEBENTURES, FRANCHISES AND OFFICIAL DOCUMENTS ON
BEHALF OF THE CITY; AMENDING SECTION 2.08(c) OF THE
CITY CHARTER PERTAINING TO THE APPOINTMENT OF
SUCCESSORS TO FILL VACANT CITY OFFICES; AUTHORIZING
THE CITY COUNCIL TO APPOINT SUCCESSORS TO SERVE UNTIL
THE NEXT REGULARLY SCHEDULED MUNICIPAL ELECTION;
AMENDING SECTION 2.12 OF THE CITY CHARTER PERTAINING
TO REGULAR AND SPECIAL MEETINGS OF THE CiTY COUNCIL;
PROVIDING THAT THE CITY COUNCIL SHALL PRESCRIBE THE
TIMES AND PLACES OF SUCH MEETINGS BY RESOLUTION;
AMENDING SECTION 2.16 OF THE CITY CHARTER PERTAINING
TO STANDING COMMITTEES; AUTHORIZING THE CITY COUNCIL
TO APPOINT STANDING COMMITTEES; CREATING A NEW
SECTION 3.04(g) OF THE CITY CHARTER PERTAINING TO THE
POWERS AND DUTIES OF THE CITY MANAGER; AUTHORIZING
THE CITY MANAGER TO SIGN ALL CONTRACTS, BONDS,
DEBENTURES, FRANCHISES AND OFFICIAL DOCUMENTS ON
BEHALF OF THE CITY; 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
WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC
NOTICE OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 12/18/91, Advertised 12/24/91, PH
and Adoption 1/8/92)
PUBLIC INPUT ON AGENDA ITEMS
CONSENT AGENDA
Ae
Approval of Minutes - 12/18/91 Regular Meeting,
12/30/91 Special Meeting
4
92.001
92.002
91.144/
92.003
91.194/
92.004
92.005
91.129
92.006
92.007
Waive Bidding Procedure - Approve Purchase of
Four '92 Chevrolet Caprice Police Pursuit
Vehicles - Jerry Hamm Chevrolet of Jacksonville -
S49,884 (Staff Recommendation dated 12/17/91,
Chief of Police Memo dated 12/12/91)
Receive Code Enforcement Orders - Case Nos.
91-5643 (Bagby & Vereen) and 91-5853 (Romano)
Bid Award - Police Station Irrigation System Bids
- Clark Water Company - $6,745 (Staff
Recommendation dated 12/31/91, City Engineer Memo
dated 12/31/91, Bid Tabulation Form)
RESOLUTION NO. R-92-05 - Approval of Interlocal
Agreement with Indian River County for Curb-Side
Recycling (Staff Recommendation dated 12/30/91,
Brooks Letters dated 12/12/91 and 12/19/91,
Proposed Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, PERTAINING TO CURBSIDE RECYCLING;
PROVIDING AUTHORITY TO ENTER INTO AN AGREEMENT
WITH THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, TO JOINTLY DEVELOP AND
IMPLEMENT A CURBSIDE RECYCLING PROGRAM PURSUANT
TO THE SOLID WASTE MANAGEMENT ACT OF 1988;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING
FOR AN EFFECTIVE DATE.
St. Sebastian Catholic Church - Approve Permit
Fee Waiver (Staff Recommendation dated 1/2/92,
Dernbach Letter dated 12/31/91)
CAVCorp Purchase - Approve Disbursement of
$7,532.75 to Mahoney, Adams & Criser, P.A. -
Re: Barnett Bank Loan Legal Fees (City Manager
Recommendation dated 1/2/92, City Attorney Letter
dated 12/23/91, Wickersham Letter dated 12/17/91,
Invoice dated 12/17/91)
10. PRESENTATIONS
11.
Edra Young - Federal Records Depository (City
Manager Recommendation dated 1/2/92)
MAYOR'S MATTERS
Request Non-Binding (Straw Vote) Referendum for
Cable TV, Water and Sewer (No Backup)
5
91.045/
92.008
92.009
FOR THE PURPOSES OF RECEIVING RESULTS OF THE CITY
CANVASSING BOARD, DECLARING ELECTION RESULTS AND
ADMINISTERING OATHS OF OFFICE TO NEWLY ELECTED
CITY OFFICIALS; AMENDING SECTION 4.09 OF THE CITY
CHARTER PERTAINING TO BALLOTS; PROVIDING THAT BALLOTS
SHALL CONFORM TO THE FORM OF BALLOTS PRESCRIBED BY
THE GENERAL ELECTION LAW OF THE STATE OF FLORIDA;
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 WITH A COPY OF
THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 12/18/91, Advertised 12/24/91, PH for 1/8/92
Cancelled Due to Incorrect Advertisement, 1st Reading
1/8/92)
RESOLUTION NO. R-92-01 - Non-Binding (Straw
Ballot) Referendum - CR 512 Twin Pairs - 3/10/92
Election (Staff Recommendation dated 1/2/91, City
Attorney Letter dated 12/20/91, R-92-01)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A NON-BINDING (STRAW
BALLOT) REFERENDUM; PROVIDING FOR THE SCHEDULING OF A
NON-BINDING (STRAW BALLOT) REFERENDUM IN THE CITY OF
SEBASTIAN ON THE 10TH DAY OF MARCH, 1992, ON THE
QUESTION OF WHETHER THE BOARD OF COUNTY COMMISSIONERS
FOR INDIAN RIVER COUNTY, FLORIDA, SHOULD PROCEED WITH
THE CONSTRUCTION OF A TWIN PAIRS CONCEPT FOR THE
EASTERN PORTION OF COUNTY ROAD 512; 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 WITH A COPY OF THE
RESOLUTION; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
(Discussion 12/11/91)
18. WORKSHOP ITEMS
Request for Proposal for Trash Collection -
Exclusive Franchise (Staff Recommendation dated
1/2/92, Proposed RFP w/ Addendem)
7
91.043
12. COUNCIL MATTERS
13.
14.
15.
16.
17.
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
CiTY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS - None
NEW BUSINESS
ORDINANCE NO. O-91-31 - Charter Amendments -
Elections - 3/10/92 Referendum (Staff
Recommendation dated 1/3/92)
1ST READING, SET PUBLIC HEARING 1/22/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; AMENDING SECTION 4.06
OF THE CITY CHARTER PERTAINING TO ELECTION PRECINCTS
AND POLLING PLACES; PROVIDING THAT ELECTION PRECINCTS
AND POLLING PLACES SHALL BE ESTABLISHED BY THE
SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY,
FLORIDA; AUTHORIZING THE CITY COUNCIL TO ESTABLISH
ELECTION PRECINCTS AND POLLING PLACES IN THE EVENT
THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY
FAILS TO PERFORM SUCH DUTIES; AMENDING SECTION 4.07
OF THE CITY CHARTER PERTAINING TO THE ADOPTION OF
NECESSARY ARRANGEMENTS FOR HOLDING ALL CITY
ELECTIONS; PROVIDING THAT THE CITY COUNCIL SHALL MAKE
ALL THE NECESSARY ARRANGEMENTS FOR CITY ELECTIONS IN
CONJUNCTION WITH THE CITY CLERK THROUGH RESOLUTION;
AMENDING SECTION 4.08 OF THE CITY CHARTER PERTAINING
TO THE CANVASSING OF ELECTION RETURNS; AUTHORIZING
THE CITY CLERK TO APPOINT A CITY ELECTION CANVASSING
BOARD IN THE EVENT THE SUPERVISOR OF ELECTIONS FOR
INDIAN RIVER COUNTY, FLORIDA, FAILS TO APPOINT SUCH A
BOARD; PROVIDING PROCEDURES FOR CONVENING THE CITY
CANVASSING BOARD AND RECORDING RESULTS OF THE BOARD;
PROVIDING FOR A SPECIAL MEETING OF THE CITY COUNCIL
92.010
19.
ORDINANCE NO. O-91-21 - Airport Zoning
Regulations (Staff Recommendation dated 12/31/91,
0-91-21, P & Z Memo dated 12/10/91, Rebull Letter
dated 12/20/91)
REVIEW AND SET FIRST READING FOR 1/22/92
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE V, SECTION 20A-5.15
OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN, RELATING TO AIRPORT HAZARDS AND USES OF
LAND IN AIRPORT VICINITIES; PROVIDING REGULATIONS
RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH IN AND AROUND THE SEBASTIAN MUNICIPAL
AIRPORT; PROVIDING FOR REGULATIONS RESTRICTING
AIRPORT LAND USE; PROHIBITING RESIDENTIAL
CONSTRUCTION WITHIN NOISE IMPACTED AREAS IN PROXIMITY
OF THE AIRPORT; PROVIDING PROCEDURES FOR GRANTING
VARIANCES; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
20. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
JANUARY 8, 1992 MEETING
PUBLIC INPUT ON AGENDA ITEMS
SIGNUP SHEET
NAME:
ADDRESS:
SUBJECT:
'NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
1
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CiTY COUNCIL
REGULAR/WORKSHOP MEETING
WEDNESDAY, JANUARY 8, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Mayor Conyers called the meeting/workshop to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend Carl Merola, St.
Elizabeth Episcopal Church.
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Peter Holyk
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman George Reid
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Finance Director, Mike Hudkins
Chief of Police, Earle Petty
City Planner, Catherine Hilton
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting/Workshop
January 8, 1992
Page Two
91.066
5. AGENDA MODIFICATIONS .(ADDITIONS AND/OR DELETIONS)
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Mayor Conyers read and presented a proclamation
designating January 17, 1992 as Arbor Day in
Sebastian to several local organization
representatives.
PUBLIC HEARING, FINAL ACTION
ORDINANCE NO. O-91-10 - Columbus Club
Comprehensive Land Use Plan Amendment
2ND PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE
COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER
COUNTY MD-1 (MEDIUM DENSITY) DISTRICT TO CITY OF
SEBASTIAN INS (INSTITUTIONAL) DISTRICT FOR LAND
SITUATED IN THE NORTH CENTRAL AREA OF THE CITY,
APPROXIMATELY 2.65 ACRES MORE OR LESS, LOCATED ON
GIBSON STREET; PROVIDING FOR A COPY OF THE
DESIGNATION CHANGE TO THE COMPREHENSIVE LAND USE PLAN
MAP TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 3/27/91, Letters to
Abutters 4/1/91, Advertised 1/4 Page 4/15/91, 1st PH
4/24/91, Transmittal to DCA, Letters to Abutters
12/6/91, Advertised 1/4/ Page 12/31/91, 2nd PH and
Adoption 1/8/92)
The City Attorney read Ordinance No. O-91-10 by title
only.
Mayor Conyers opened the public hearing at 7:08 p.m.
John Farnsworth, 7805 Gibson St., inquired as to
development regulations.
Mayor Conyers closed the public hearing at 7:12 p.m.
2
Regular City Council Meeting/Workshop
January 8, 1992
Page Three
MOTION by Holyk/Reid
I move that we adopt Ordinance NO. 0-91-10
Columbus Club Comprehensive Land Use Plan Amendment.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
91.066
B. ORDINANCE NO. O-91~11 - Columbus Club Rezoning
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING
CERTAIN PROPERTY IN THE NORTH CENTRAL AREA OF THE
CITY, APPROXIMATELY 2.65 ACRES MORE OR LESS, LOCATED
ON GIBSON STREET, FROM INDIAN RIVER COUNTY ROSE 4
ZONING DISTRICT TO CITY OF SEBASTIAN PS (PUBLIC
SERVICE) ZONING DISTRICT; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (lst Reading 3/27/91, Letters
to Abutters 12/6/91, Advertised Legal Notices
12/31/91, 2nd PH and Adoption 1/8/92)
The City Attorney read Ordinance No. O-91-11 by title
only.
Mayor Conyers opened the public hearing at 7:15 p.m.
and being no input, he closed it.
MOTION by Oberbeck/Holyk
I would move we adopt Ordinance No. O-91-11
Columbus Club rezoning.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
3
Regular City Council Meeting/Workshop
January 8, 1992
Page Four
91.151 C.
ORDINANCE NO. 0-91-13 - Adult Entertainment
Regulation
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 10 OF THE
SEBASTIAN CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN, REGULATING ADULT BUSINESSES WITHIN THE
CITY OF SEBASTIAN, FLORIDA; PROVIDING SCOPE AND
CONSTRUCTION; SETTING FORTH PURPOSE AND FINDINGS OF
FACT; PROVIDING DEFINITIONS; PROVIDING BUSINESS
LICENSE APPLICATION REQUIREMENTS AND FEE THEREFOR;
PROVIDING LICENSING PROCEDURES AND ADMINISTRATION;
PROVIDING REGULATIONS GOVERNING GRANT, DENIAL AND
APPEAL OF DENIAL OF LICENSE; PROVIDING FOR TERM OF
LICENSE; PROVIDING REGULATIONS GOVERNING RENEWAL,
EXPIRATION AND CANCELLATION OF LICENSE; REQUIRING
MAINTENANCE OF RECORDS AND REPORTS BY LICENSEE;
PROVIDING REGULATIONS GOVERNING SUSPENSION AND
REVOCATION OF LICENSE; PROVIDING REGULATIONS
GOVERNING TRANSFER OF LICENSE; PROVIDING GENERAL
REQUIREMENTS FOR ALL LICENSED PREMISES; PROVIDING
ADDITIONAL REQUIREMENTS FOR ADULT THEATERS AND ADULT
DANCING ESTABLISHMENTS; MAKING CERTAIN ACTS AND
OMISSIONS RELATING TO THE OPERATION OF LICENSED
PREMISES UNLAWFUL; PROHIBITING THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES ON LICENSED
PREMISES; PROVIDING PENALTIES FOR VIOLATION; VESTING
RESIDUAL POWER IN CITY COUNCIL; PROVIDING FOR THE
REPEAL OF SECTION 4-3 OF THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 11/13/91, Advertised Legal Notices
12/24/91, PH and Adoption 1/8/92)
The City Attorney read Ordinance No. O-91-13 by title
only.
Mayor Conyers opened the public hearing at 7:17 p.m.
and being no input, he closed it.
MOTION by Holyk/Oberbeck
I move that we adopt Ordinance No. 0-91-13 Adult
Entertainment Regulation.
4
Regular City Council Meeting/Workshop
January 8, 1992
Page Five
91.151
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
ORDINANCE NO. 0-91-14 - Adult Entertainment -
Amending Conditional Use Criteria
PUBLIC HEARINO AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; PROVIDING FOR
THE AMENDMENT OF THE LAND DEVELOPMENT CODE TO
REGULATE THE LOCATION OF ADULT ENTERTAINMENT
ESTABLISHMENTS; PROVIDING CONDITIONAL USE CRITERIA
FOR ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING
DEFINITIONS; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
11/13/91, Letters to Abutters and Affected Property
Owners 12/6/91, Advertised Legal Notices 12/24/91, PH
and Adoption 1/8/92)
The City Attorney read Ordinance No. 0-91-14 by title
only.
Mayor Conyers opened the public hearing at 7:19 p.m.
and being no input, he closed it.
MOTION by Oberbeck/Holyk
I would move that we adopt Ordinance No. 0-91-14
Adult Entertainment - Amending Conditional Use
Criteria.
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
5
Regular City Council Meeting/Workshop
January 8, 1992
Page Six
91.043 E.
ORDINANCE NO. 0-91-29 - Charter Amendments -
Gender-Neutral Language - 3/10/92 Referendum
PUBLIC HEARING AND ADOPTION FOR PLACEMENT ON 3/10/92
BALLOT
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; PROVIDING FOR GENDER-
NEUTRAL LANGUAGE WITH RESPECT TO MEMBERS OF THE CITY
COUNCIL; PROVIDING SPECIFICITY WITH RESPECT TO THE
TERM "COUNCIL"; 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
WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC
NOTICE OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 12/18/91, Advertised 12/24/91, PH
and Adoption 1/8/92)
The City Attorney read Ordinance No. 0-91-29 by title
only.
Mayor Conyers opened the public hearing at 7:20 p.m.
and being no input, he closed it.
MOTION by Holyk/Oberbeck
I move that we adopt Ordinance No. O-91-29
Charter Amendments for Gender-Neutral Language and
place it on the 3/10/92 referendum.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Regular City Council Meeting/Workshop
January 8, 1992
Page Seven
91.043 F.
ORDINANCE NO. O-91-30 - Charter Amendments -
Document Signatures, City Council Vacancies, City
Council Meetings, Appointment of Standing
Committees, Regular & Special Meetings, Election
Issues - 3/10/92 Referendum
PUBLIC HEARING AND ADOPTION FOR PLACEMENT ON 3/10/92
BALLOT
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; AMENDING SECTION 2.06
OF THE CITY CHARTER PERTAINING TO THE DUTIES OF THE
MAYOR AND THE ELECTION OF A VICE MAYOR; PROVIDING
THAT THE MAYOR MAY SIGN ALL CONTRACTS, BONDS~
DEBENTURES, FRANCHISES AND OFFICIAL DOCUMENTS ON
BEHALF OF THE CITY; AMENDING SECTION 2.08(c) OF THE
CiTY CHARTER PERTAINING TO THE APPOINTMENT OF
SUCCESSORS TO FILL VACANT CITY OFFICES; AUTHORIZING
THE CITY COUNCIL TO APPOINT SUCCESSORS TO SERVE UNTIL
THE NEXT REGULARLY SCHEDULED MUNICIPAL ELECTION;
AMENDING SECTION 2.12 OF THE CITY CHARTER PERTAINING
TO REGULAR AND SPECIAL MEETINGS OF THE CITY COUNCIL;
PROVIDING THAT THE CITY COUNCIL SHALL PRESCRIBE THE
TIMES AND PLACES OF SUCH MEETINGS BY RESOLUTION;
AMENDING SECTION 2.16 OF THE CITY CHARTER PERTAINING
TO STANDING COMMITTEES; AUTHORIZING THE CITY COUNCIL
TO APPOINT STANDING COMMITTEES; CREATING A NEW
SECTION 3.04(g) OF THE CITY CHARTER PERTAINING TO THE
POWERS AND DUTIES OF THE CITY MANAGER; AUTHORIZING
THE CITY MANAGER TO SIGN ALL CONTRACTS, BONDS,
DEBENTURES, FRANCHISES AND OFFICIAL DOCUMENTS ON
BEHALF OF THE CITY; 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
WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC
NOTICE OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 12/18/91, Advertised 12/24/91, PH
and Adoption 1/8/92)
The City Attorney read Ordinance NO. 0-91-30 by title
only.
Mayor Conyers opened the public hearing at 7:22 p.m.
and being no input, he closed it.
Regular City Council Meeting/Workshop
January 8, 1992
Page Eight
Tape 1
Side 2
92.001
MOTION by Holyk/0berbeck
I move that we adopt Ordinance No. O-91-30
Charter Amendments - Document Signatures, City
Council Vacancies, City Council Meetings, Appointment
of Standing Committees, Regular & Special Meetings,
and Election Issues and place it 3/10/92 Referendum.
Mayor Conyers objected to the clause authorizing the
City Manager to sign contracts.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
nay
aye
aye
aye
aye
MOTION CARRIED 4-1 (Conyers - nay)
In response to Councilman Holyk, the City Clerk said
the original ordinance contains the list of polling
places.
8. PUBLIC INPUT ON AGENDA ITEMS
Virginia Oatman, 7895 134th Street, Roseland,
objected to the St. Sebastian Festival being
conducted adjacent to a residential area.
A brief discussion ensued relative to barricading
access from the church to 134th Street.
Nancy Simms, 13385 80th Ave., Roseland, objected to
the use.
CONSENT AGENDA
Approval of Minutes - 12/18/91 Regular Meeting,
12/30/91 Special Meeting
Waive Bidding Procedure - Approve Purchase of
Four '92 Chevrolet Caprice Police Pursuit
Vehicles - Jerry Hamm Chevrolet of Jacksonville -
849,884 (Staff Recommendation dated 12/17/91,
Chief of Police Memo dated 12/12/91)
8
Regular City Council Meeting/Workshop
January 8, 1992
Page Nine
92.002 C.
91.144/ D.
92.003
91.194/ E.
92.004
92.005 F.
91.129 G.
Receive Code Enforcement Orders - Case Nos.
91-5643 (Bagby & Vereen) and 91-5853 (Romano)
Bid Award - Police Station Irrigation System Bids
- Clark Water Company - 86,745 (Staff
Recommendation dated 12/31/91, City Engineer Memo
dated 12/31/91, Bid Tabulation Form)
RESOLUTION NO. R-92-05 - Approval of Interlocal
Agreement with Indian River County for Curb-Side
Recycling (Staff Recommendation dated 12/30/91,
Brooks Letters dated 12/12/91 and 12/19/91,
Proposed Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, PERTAINING TO CURBSIDE RECYCLING;
PROVIDING AUTHORITY TO ENTER INTO AN AGREEMENT
WITH THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, TO JOINTLY DEVELOP AND
IMPLEMENT A CURBSIDE RECYCLING PROGRAM PURSUANT
TO THE SOLID WASTE MANAGEMENT ACT OF 1988;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING
FOR AN EFFECTIVE DATE.
St. Sebastian Catholic Church - Approve Permit
Fee Waiver (Staff Recommendation dated 1/2/92,
Dernbach Letter dated 12/31/91)
CAVCorp Purchase - Approve Disbursement of
$7,532.75 to Mahoney, Adams & Criser, P.A. -
Re: Barnett Bank Loan Legal Fees (City Manager
Recommendation dated 1/2/92, City Attorney Letter
dated 12/23/91, Wickersham Letter dated 12/17/91,
Invoice dated 12/17/91)
Mayor Conyers read the consent agenda in its entirety
including the title of Resolution No. R-92-05.
Oberbeck withdrew items E and F.
MOTION by Oberbeck/Powell
I move to apDrove remaining items on the consent
agenda A through G.
9
Regular City Council Meeting/Workshop
January 8, 1992
Page Ten
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Item E - Resolution No. R-92-05
In response to concerns expressed by Vice Mayor
Oberbeck relative to the possibility of future
recycling price increases, the Director of Community
Development noted that the city can back out of the
agreement with sixty day notice.
MOTION by Oberbeck/Powell
I move that we go ahead and approve Resolution
No. R-92-05 approval of Interlocal Agreement with
Indian River County for Curb-Side Recycling.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Item F - St. Sebastian Church Festival Approval o~f
Fee Waiver
Motion was made by Vice Mayor Oberbeck to approve
the permit fee waiver but conditionally to leave the
gate closed to 134th Street, however the motion died
for lack of a second.
The City Attorney reminded City Council that they are
being asked to approve a waiver of permit fees
only and advised that the City Council not determine
whether or not the gates be locked, but direct
appropriate staff to do so after a review of the
situation.
Following a brief discussion motion was made.
10
Regular City Council Meeting/Workshop
January 8, 1992
Page Eleven
MOTION by Oberbeck/Powell
I move we approve item F the Sebastian Catholic
Church permit fee waiver and ask that staff have our
Police Chief meet with the people from the church and
get the names of these people who are here tonight
who are concerned citizens and see if we can rectify
this problem before it gets out of hand.
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
92.006
Mayor Conyers called recess at 8:10 and reconvened
the meeting at 8:20 p.m. All members were present.
10. PRESENTATIONS
Edra Youn~ L Federal Records Depository (City
Manager Recommendation dated 1/2/92)
Edra Young, 1151 Clearmont Street, Sebastian,
requested support for the location of a Federal
Records Depository in the City of Sebastian. She
discussed the possibility of using property at
Sebastian Lakes.
George Wilson, 313 Bay Harbor Terrace, Sebastian,
presented correspondence between local Genealogical
Society members and Don Wilson, Archivist for
National Archives and related documentation and urged
support for this concept.
Following some discussion on what course to follow
to establish a depository in Sebastian, City Council
endorsed the concept and directed staff to work with
Mrs. Young to begin the process.
Roberta Wieck, 1129 Breezy Way, Sebastian Lakes,
supported the idea.
11
Regular City Council Meeting/Workshop
January 8, 1992
Page Twelve
Tape 2
Side 1
92.007
11.
12.
MAYOR'S MATTERS
Mayor Conyers suggested a plaque be placed at the new
police facility and requested that the City Manager
obtain prices. The City Manager said City Council
should determine what names appear on the plaque.
Mayor Conyers recommended that staff look into using
community service labor; suggested using the GDC
property on Barber Street for a community center with
a pool for teens and seniors.
Request Non-Binding (Straw Vote) Referendum for
Cable TV, Water and Sewer (No Backup)
Mayor Conyers requested City Council concurrence
for placement of proposed city water and sewer and a
proposed city cable TV system as non-binding (straw
vote) referenda on the March 10, 1992 ballot.
He made a motion to that effect and it died for lack
of a second.
COUNCIL MATTERS
A. Vice Mayor Oberbeck
vice Mayor Oberbeck inquired as to the status of
tanks on airport property to which the City Manager
responded it would be on the 1/22/92 agenda;
questioned the status of Laconia Street to which the
City Manager gave a brief report and said staff would
present a status report on 1/22/92 or soon
thereafter; and inquired as to the status of the
Elkcam Dam report to which the City Manager responded
that staff will be meeting with the special engineer
next week and hope to report to City Council by
1/22/92.
The City Manager reported, in response to Vice Mayor
0berbeck, that Architects' Design Group will release
the city on the police station facade design. The
Director of Community Development said that the
proposed cost of the redesign from Peter Jones is
approximately $960 and construction estimates are in
excess of S15,000.
12
Regular City Council Meeting/Workshop
January 8, 1992
Page Thirteen
MOTION by Oberbeck/Powell
i would move that we proceed with the building as
designed by the architectural group.
The Director of Community Development said
alternative designs can be looked at in the future.
Discussion followed relative to the use of
Mediterranean Stucco and continuing with the bands
around the windows.
Oberbeck and Powell concurred with the bands and
included "approve staff to authorize them for the
Mediterranean stucco finish" to the motion.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Vice Mayor Oberbeck questioned extension of pavement
on Gibson Street up to the developed portion of the
industrial park and the City Manager said he'd report
back.
Vice Mayor Oberbeck advised staff to look into a
pothole on Fleming Street just north of CR 512.
B. Councilman Holyk
Councilman Holyk noted that the City Manager had
responded to a letter from Little League; discussed
water and sewer issues; stated that answers to the
Mayor's questions regarding water and sewer are not
yet available; expressed confusion as to whether the
Mayor's request for a straw ballot for water and
sewer and cable TV were linked in one question;
noted that a resolution provided by the City Manager
states that extension of meetings requires majority
and not unanimous vote; reported on his attendance at
yesterday's Indian River County Commission meeting at
which the twin pairs project was discussed; placed
request for repeal of Resolution No. R-88-77 on the
January 22, 1992 agenda; noted that Robert's Rules of
13
Regular City Council Meeting/Workshop
January 8, 1992
Page Fourteen
Tape 2
Side 2
Order states that to end debate on a matter,
Councilmembers may not call the question but can
"move the question" which requires an immediate
second and if seconded debate ceases; and questioned
the status of the Riverfront Study. The Director of
Community Development said it is in draft form and
may be presented at the January 22, 1992 meeting.
C. Councilman Powell
Councilman Powell said Little League season is coming
up and that a girls team may be started; said the CR
512 straw vote is a waste of time since, in his
opinion, the County will do what it wants regardless
of the results; and expressed concern relative to
time taken on the Elkcam Dam report.
D. Councilman Reid
Councilman Reid said he was quite impressed by the
number of things that have been done by the City
Manager without an assistant; recommended reflectors
for Easy Street going onto Lake Street; questioned
the status of Point-O-Woods de-annexation to which
the Director of Community Development responded he
was working on it; and suggested that City Council
consider a future charter revision to eliminate the
election of a Mayor and to authorize the full City
Council to appoint a Mayor from among its members.
15. COMMITTEE REPORTS/RECOMMENDATIONS
None.
16. OLD BUSINESS
None.
17. NEW BUSINESS
Councilman Powell was excused from 9:40 p.m. to 9:42
p.m.
14
Regular City Council Meeting/Workshop
January 8, 1992
Page Fifteen
91.043 A.
ORDINANCE NO. O-91-31 - Charter Amendments -
Elections - 3/10/92 Referendum (Staff
Recommendation dated 1/3/92)
1ST READING, SET PUBLIC HEARING 1/22/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; AMENDING SECTION 4.06
OF THE CITY CHARTER PERTAINING TO ELECTION PRECINCTS
AND POLLING PLACES; PROVIDING THAT ELECTION PRECINCTS
AND POLLING PLACES SHALL BE ESTABLISHED BY THE
SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY,
FLORIDA; AUTHORIZING THE CITY COUNCIL TO ESTABLISH
ELECTION PRECINCTS AND POLLING PLACES IN THE EVENT
THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY
FAILS TO PERFORM SUCH DUTIES; AMENDING SECTION 4.07
OF THE CITY CHARTER PERTAINING TO THE ADOPTION OF
NECESSARY ARRANGEMENTS FOR HOLDING ALL CITY
ELECTIONS; PROVIDING THAT THE CITY COUNCIL SHALL MAKE
ALL THE NECESSARY ARRANGEMENTS FOR CITY ELECTIONS IN
CONJUNCTION WITH THE CITY CLERK THROUGH RESOLUTION;
AMENDING SECTION 4.08 OF THE CITY CHARTER PERTAINING
TO THE CANVASSING OF ELECTION RETURNS; AUTHORIZING
THE CITY CLERK TO APPOINT A CiTY ELECTION CANVASSING
BOARD IN THE EVENT THE SUPERVISOR OF ELECTIONS FOR
INDIAN RIVER COUNTY, FLORIDA, FAILS TO APPOINT SUCH A
BOARD; PROVIDING PROCEDURES FOR CONVENING THE CITY
CANVASSING BOARD AND RECORDING RESULTS OF THE BOARD;
PROViDiNG FOR A SPECIAL MEETING OF THE CITY COUNCIL
FOR THE PURPOSES OF RECEIVING RESULTS OF THE CITY
CANVASSING BOARD, DECLARING ELECTION RESULTS AND
ADMINISTERING OATHS OF OFFICE TO NEWLY ELECTED
CITY OFFICIALS; AMENDING SECTION 4.09 OF THE CITY
CHARTER PERTAINING TO BALLOTS; PROVIDING THAT BALLOTS
SHALL CONFORM TO THE FORM OF BALLOTS PRESCRIBED BY
THE GENERAL ELECTION LAW OF THE STATE OF FLORIDA;
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 WITH A COPY OF
THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 12/18/91, Advertised 12/24/91, PH for 1/8/92
Cancelled Due to Incorrect Advertisement, 1st Reading
1/8/92)
15
Regular City Council Meeting/Workshop
January 8, 1992
Page Sixteen
91.045/
92.008
The City Attorney read Ordinance No. O-91-31 by title
only.
MOTION by Oberbeck/Holyk
I move to approve Ordinance No. 0-91-31 charter
amendments and set public hearing for January 22,
1992.
RESOLUTION NO. R-92-01 - Non-Binding (Straw
Ballot) Referendum - CR 512 Twin Pairs - 3/10/92
Election (Staff Recommendation dated 1/2/91, City
Attorney Letter dated 12/20/91, R-92-01)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A NON-BINDING (STRAW
BALLOT) REFERENDUM; PROVIDING FOR THE SCHEDULING OF A
NON-BINDING (STRAW BALLOT) REFERENDUM IN THE CITY OF
SEBASTIAN ON THE 10TH DAY OF MARCH, 1992, ON THE
QUESTION OF WHETHER THE BOARD OF COUNTY COMMISSIONERS
FOR INDIAN RIVER COUNTY, FLORIDA, SHOULD PROCEED WITH
THE CONSTRUCTION OF A TWIN PAIRS CONCEPT FOR THE
EASTERN PORTION OF COUNTY ROAD 512; 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 WITH A COPY OF THE
RESOLUTION; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
(Discussion 12/11/91)
The City Attorney read Resolution No. R-92-01 by
title only.
Jim Wadsworth, Sebastian Property Owners Association
representative, urged approval of this resolution and
reported that several property owner associations
were meeting with state officials in regard to this
issue.
MOTION by Oberbeck/Reid
I move to adopt Resolution No. R-92-01.
Mayor Conyers stated his objections to the
resolution.
16
Regular City Council MeetinG/Workshop
January 8, 1992
Page Seventeen
92.009
18.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
nay
MOTION CARRIED 4-1 (Conyers - nay)
Vice Mayor Oberbeck was excused from 9:53 p.m. to
9:55 p.m.
WORKSHOP ITEMS
Request for Proposal for Trash Collection -
Exclusive Franchise (Staff ReCommendation dated
1/2/92, Proposed RFP w/ Addendum)
The Finance Director noted changes in the RFP since
submittal to City Council, requested a proposal
opening date of February 17, 1992 and requested City
Council direction.
DiScussion took place on the franchise percentage
rate. Staff was directed to review other franchise
rates and report back to City Council. The City
Manager said the RFP can be advertised and the
franchise rate determined at a later date.
Discussion followed relative to inspecting proposers
records from other municipalities.
The City ManaGer said the proposed three year
exclusive franchise will foster competition and
reduce traffic on the city's streets.
MOTION by Holyk/Oberbeck
I move that we go on and advertise and put out
the RFP for trash collection an exclusive franchise
in the City of Sebastian with conditions as discussed
tonight.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
17
Regular City Council Meeting/Workshop
January 8, 1992
Page Eighteen
92.010 B.
19.
20.
ORDINANCE NO. 0-91-21 - Airport Zoning
Regulations (Staff Recommendation dated 12/31/91,
O-91-21, P & Z Memo dated 12/10/91, Rebull Letter
dated 12/20/91)
REVIEW AND SET FIRST READING FOR 1/22/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE V, SECTION 20A-5.15
OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN, RELATING TO AIRPORT HAZARDS AND USES OF
LAND IN AIRPORT VICINITIES; PROVIDING REGULATIONS
RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH IN AND AROUND THE SEBASTIAN MUNICIPAL
AIRPORT; PROVIDING FOR REGULATIONS RESTRICTING
AIRPORT LAND USE; PROHIBITING RESIDENTIAL
CONSTRUCTION WITHIN NOISE iMPACTED AREAS IN PROXIMITY
OF THE AIRPORT; PROVIDING PROCEDURES FOR GRANTING
VARIANCES; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-91-21.
MOTION by Powell/Holyk
I move we review and set 1st reading on Ordinance
No. O-91-22 for January 22, 1992.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
Being no further business, Mayor Conyers adjourned
the meeting/workshop at 10:10 p.m.
18
Regular City Council Meeting/Workshop
January 8, 1992
Page Nineteen
a¥or
Council Meeting.
19