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HomeMy WebLinkAbout01231991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY CO~ClL REGULAR MEETING WEDNESDAY, JANUARY 23, 1991 - 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 - Henk Toussaint - Deacon - St. Sebastian Catholic Church 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 91.030 A. Proclamation - Calling 3/12/91 General Election 7. PRESENTATIONS 91.035 Teens Against Boredom ("TAB") - Request to Use City Building as a Teen Center (City Manager Recommendation dated 1/17/91, TAB Wish List) 91.036 Sebastian Panther Football Cheerleading Youth Group - Request for Security and Fee Waiver for Use of Community Center - Fund Raiser Teen Dance 2/2/91 - 7:00 p.m. to 11:00 p.m. (Application and Letter dated 1/10/91) 1 90.289 91.013 8. PUBLIC HEARING, FINAL ACTION ORDINANCE NO. 0-90-17 - Morchesk¥ Voluntary Annexation AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION; ANNEXING TWO PARCELS OF LAND GENERALLY BORDERING THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst Reading 12/20/90, Advertised 12/28/90, 1/4/91, 1/11/91, 1/18/91, PH 1/23/91) ORDINANCE NO. O-91-05 - Morchesky Comprehensive Land Use Plan Amendment 1ST PUBLIC HEARING AND TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS - PURSUANT TO F.S. 163.3184 (15)(b)l. "..THE INTENTION TO HOLD AND ADVERTISE A SECOND PUBLIC HEARING SHALL BE ANNOUNCED AT THE FIRST PUBLIC HEARING." 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 LD2 DISTRICT AND MXD DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT- OF-WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91 1/4 page) 2 91.012 90.226 91.004 Ce ORDINANCE NO. O-91-07 - Fisher Comprehensive Land Use Plan Amendment 1ST PUBLIC HEARING AND TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS - PURSUANT TO F.S. 163.3184 (15)(b)1. "..THE INTENTION TO HOLD AND ADVERTISE A SECOND PUBLIC HEARING SHALL BE ANNOUNCED AT THE FIRST PUBLIC HEARING." 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 COR (COMMERCIAL OFFICE RESIDENTIAL) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT FOR LAND LOCATED IN THE NORTH CENTRAL AREA OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND NORTHWEST OF CROSS 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. (Discussion 1/2/91, Advertised 1/16/91 1/4 page) D. ORDINANCE NO. 0-91-01 - Political Signs AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGARDING POLITICAL SIGNS; AMENDING SECTION 20A-15.3 TO PROVIDE FOR NEW AND ADDITIONAL DEFINITIONS; AMENDING SECTION 20A-15.6B TO PROHIBIT THE PLACEMENT OF POLITICAL SIGNS ON PUBLIC PROPERTY AND TO REGULATE THE PLACEMENT AND REMOVAL OF POLITICAL SIGNS ON PRIVATELY OWNED PROPERTY IN RESIDENTIAL AND NONRESIDENTIAL DISTRICTS; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1/2/91 Discussion, 1/9/91 1st Reading, Advertised 1/12/91, PH 1/23/91) 3 91.006 91.005 RESOLUTION NO. R-91-01 - Morchesk¥ Sand Mining Special Use Permit A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 10 ACRES iN SIZE MORE OR LESS, FOR CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY OF SEBASTIAN, ON THE WEST SIDE OF THE RIGHT-OF- WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD LOCATED IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91) Ft RESOLUTION NO. R-91-02 - Chesser's Gap Sandmining Special Use Permit A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 512, SOUTH OF THE INTERSECTION OF COUNTY ROAD 512 AND FLEMING STREET, APPROXIMATELY THREE AND ONE-HALF MILES WEST OF U.S HIGHWAY 1, ALSO KNOWN AS STATE ROUTE 5, AND EAST OF STRAIT AVENUE, LOCATED IN SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91) 4 91.007 91.018 RESOLUTION NO. R-91-03 - Flatt/DeCristofaro Sandmining Special Use Permit A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 10 ACRES IN SIZE MORE OR LESS, FOR CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY OF SEBASTIAN, ON THE WEST SIDE OF THE RIGHT-OF- WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD; LOCATED IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91) RESOLUTION NO. R-91-09 - Indian River Yellow Cab Permit & Certificate of Public Convenience and Necessity A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO INDIAN RIVER YELLOW CAB, INC.; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CODE OF THE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABILITY INSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/9/91, Advertised 1/18/91) 9. PUBLIC INPUT A. Non-Agenda Items - None B. Agenda Items 91.031 91.032 91.033 91.034 91.008 10. 11. CONSENT AGENDA A. Approval of Minutes - 1/9/91 Regular Meeting Waive Bid - Engineering Dept. - Purchase 1/2 Ton Pickup - Duval Ford, Jacksonville - $9895 (State Contract Price) (Staff Recommendation dated 1/14/91, PW Director Memo dated 1/14/91) Award Contract to Ameraquatic - Hyacinth Control Schumann and Elkcam Waterways - 83030 (Staff Recommendation dated 1/16/91, PW Director Memo dated 1/14/91, Contract and Location Map) Approve Softball Concession Agreement Extension - BSSC - City of Sebastian and Sebastian Officials Association (City Manager Recommendation dated 1/16/91, 85 Agreement) COMMITTEE REPORTS/RECOMMENDATIONS A. Riverfront Committee Recommendations Re: Members (Staff Recommendation dated 1/8/91, Kinchen Memo dated 1/8/91, Jones Letter dated 1/9/91, P.D. Check) a. Appoint Peter Jones as Chairman b. Appoint Allison Tripp as Vice-Chairman c. Appoint Alternate Member from Among Applicants 12. OLD BUSINESS RESOLUTION NO. R-91-05 - Collier Creek Commercial Park Preliminary Plat Approval A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE APPROVAL OF A PRELIMINARY PLAT FOR A MAJOR SUBDIVISION FOR A PARCEL OF LAND APPROXIMATELY 10.23 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 512, WEST OF SOUTH WIMBROW DRIVE, NORTH OF GEORGE STREET, AND EAST OF STRAIT AVENUE, SUBJECT TO CERTAIN CONDITIONS; WAIVING CERTAIN SIDEWALK REQUIREMENTS; PROVIDING FOR BINDING EFFECT; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1/2/91 Discussion) 91.009 91.010 91.011 RESOLUTION NO. R-91-06 - River Oaks Final Plat Approval A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN SPRINGS, UNIT 4, RIVER OAKS, CONSISTING OF 40.5 ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) C. RESOLUTION NO. R-91-07 - Creek Island Final Plat A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN SPRINGS, UNIT 3, CREEK ISLAND, CONSISTING OF 6.5 ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) RESOLUTION NO. R-91-08 - San Sebastian Lakes Final Plat A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN LAKES, CONSISTING OF 11.11 ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) 7 91.030 91.030 91.013 91.012 13. NEW BUSINESS A. RESOLUTION NO. R-91-04 - Calling 3/12/91 Election A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESiGNATiNG THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION FOR THE PURPOSE OF ELECTING THREE (3) CITY COUNCILMEN FOR TERMS OF TWO (2) YEARS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. March 12, 1991 Election - City Clerk Request for Approval of Certain Items Pertaining to Supervisor of Elections and Authorization of $3,500 Payment (Staff Recommendation dated 1/8/91) C. ORDINANCE NO. 0-91-06 - Morchesky Rezoning 1ST READING, SCHEDULE PH WHEN 0-91-05 COMPREHENSIVE LAND USE PLAN AMENDMENT IS RETURNED FROM DCA AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD FROM COUNTY ZONING DISTRICTS Al, RE6, AND IL TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Discussion 1/2/91) D. ORDINANCE NO. 0-91-08 - Fisher Rezoning 1ST READING, SCHEDULE PH WHEN 0-91-07 COMPREHENSIVE LAND USE PLAN AMENDMENT IS RETURNED FROM DCA 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 10 ACRES MORE OR LESS, LOCATED APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND NORTHWEST OF CROSS STREET; FROM COR (COMMERCIAL OFFICE RESIDENTIAL) ZONING DISTRICT TO CG (COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) 8 14. MAYOR'S MATTERS 15. COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau 16. CITY ATTORNEY MATTERS 17. CITY MANAGER MATTERS 18. 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.) 9 City of Sebastian POST OFFICE BOX 780~127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REOULAR MEETING WEDNESDAY, JANUARY 23, 1991 - 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 to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Henk Toussaint, Deacon of St. Sebastian Catholic Church. 4. ROLL CALL Present: Mayor W.E. Conyers Councilman Robert McCollum Vice Mayor Frank Oberbeck Councilman Lonnie Powell Absent: Councilman Lloyd Rondeau (excused) Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper Chief of Police, Earle Petty City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Malo 1 Regular City Council Meeting January 23, 1991 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. PROCLAMATIONS AND/OR ANNOUNCEMENTS 91.030 A. 91.035 Proclamation L Calling 3/12/91 General Election Mayor Conyers read the proclamation in its entirety. PRESENTATIONS Teens Against Boredom ("TAB") - Request to Use City BuildinG as a Teen Center (City Manager Recommendation dated 1/17/91, TAB Wish List) MOTION by Oberbeck/Powell I move that we approve the use of the old library by Teens Against Boredom for a period of six months at which time we will consider for renewal or extension further since there is no rent we should reserve the right to revoke TAB's use of this building without cause and without notice at any time should any occasion rise when this becomes necessary. The City Attorney advised that the city's insurer be consulted regarding sufficient liability coverage. Becky Snyder addressed Council on behalf of TAB and assured that there will be adult supervision. She was advised to coordinate any alterations with city staff. At this time Vice Mayor Oberbeck added "waive security deposit" to his motion. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. 2 Regular City Council Meeting January 23, 1991 PaGe Three 91.036 B. 90.289 Sebastian Panther Football Cheerleading Youth Group - Request for Security and Fee Waiver for Use of Community Center - Fund Raiser Teen Dance 2/2/91 - 7:00 R.m. tO 11:00 p.m. (Application and Letter dated 1/10/91) MOTION by Oberbeck/Powell i move to authorize the use of the Community Center for the Sebastian Panthers Football Cheerleading Youth Group and that we reduce the security deposit down to the amount $100 and waive the rental fee. Maura Raborn addressed Council on behalf of the Youth Group. ROLL CALL: Councilman McCollum Vice Mayor Oberbeck Councilman Powell Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. 8. PUBLIC HEARING~ FINAL ACTION ORDINANCE NO. O-90-17 - Morchesky Voluntary Annexation AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAiNiNG TO VOLUNTARY ANNEXATION; ANNEXING TWO PARCELS OF LAND GENERALLY BORDERING THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst ReadinG 12/20/90, Advertised 12/28/90, 1/4/91, 1/11/91, 1/18/91, PH 1/23/91) The City Attorney read Ordinance No. 0-90-17 by title only. Mayor Conyers opened the public hearinG at 7:28 p.m. Harold Isbell, 9440 Soule Street, Sebastian, expressed concern for creation of an enclave. The City Attorney stated that, in his opinion, this annexation does not create an enclave. 3 Regular City Council Meeting January 23, 1991 Page Four 91.013 George Metcalf, 425 Pine Street, Sebastian, opposed the annexation. Richard Brown, 1109 South Dixie Highway, expressed concern for creation of an enclave. Mayor Conyers closed the public hearing at 7:50 p.m. MOTION by Oberbeck/McCollum I move we approve Ordinance No. O-90-17 voluntary annexation. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Mayor Conyers Councilman McCollum aye aye aye aye MOTION CARRIED 4-0. ORDINANCE NO. O-91-05 - Morchesky Comprehensive Land Use Plan Amendment 1ST PUBLIC HEARING AND TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS - PURSUANT TO F.S. 163.3184 (15)(b)1. "..THE INTENTION TO HOLD AND ADVERTISE A SECOND PUBLIC HEARING SHALL BE ANNOUNCED AT THE FIRST PUBLIC HEARING." 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 LD2 DISTRICT AND MXD DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT- OF-WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91 1/4 page) The City Attorney read Ordinance No. 0-91-05 by title only. Mayor Conyers opened the public hearing at 7:52 p.m., however, being no input he immediately closed the public hearing. Regular City Council Meeting January 23, 1991 Page Five 91.012 MOTION by Oberbeck/McCollum I move approve the first reading of Ordinance No. O-91-05 Morchesky Comprehensive Land Use Plan Amendment and that we forward it to DCA for approval. ROLL CALL: Councilman Powell Mayor Conyers Councilman McCollum Vice Mayor Oberbeck aye aye aye aye MOTION CARRIED 4-0. Mayor Conyers stated Council's intention to advertise and conduct a second public hearing subsequent to return from DCA. ORDINANCE NO. 0-91-07 - Fisher Comprehensive Land Use Plan Amendment 1ST PUBLIC HEARING AND TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS - PURSUANT TO F.S. 163.3184 (15)(b)1. "..THE INTENTION TO HOLD AND ADVERTISE A SECOND PUBLIC HEARING SHALL BE ANNOUNCED AT THE FIRST PUBLIC HEARING." 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 COR (COMMERCIAL OFFICE RESIDENTIAL) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT FOR LAND LOCATED IN THE NORTH CENTRAL AREA OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND NORTHWEST OF CROSS 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. (Discussion 1/2/91, Advertised 1/16/91 1/4 page) The City Attorney read Ordinance No. 0-91-07 by title only. Mayor Conyers opened the public hearing at 7:55 p.m., however, there being no input he immediately closed the public hearing. 5 Regular City Council Meeting January 23, 1991 Page Six 90.226 91.004 MOTION by McCollum/Powell I move we accept Ordinance No. O-91-07 on its first public hearing and transmit it to DCA. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. Mayor Conyers stated Council's intention to advertise and conduct a second public hearing subsequent to return from DCA. D. ORDINANCE NO. O-91-01 - Political Signs AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGARDING POLITICAL SIGNS; AMENDING SECTION 20A-15.3 TO PROVIDE FOR NEW AND ADDITIONAL DEFINITIONS; AMENDING SECTION 20A-15.6B TO PROHIBIT THE PLACEMENT OF POLITICAL SIGNS ON PUBLIC PROPERTY AND TO REGULATE THE PLACEMENT AND REMOVAL OF POLITICAL SIGNS ON PRIVATELY OWNED PROPERTY IN RESIDENTIAL AND NONRESIDENTIAL DISTRICTS; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1/2/91 Discussion, 1/9/91 1st Reading, Advertised 1/12/91, PH 1/23/91) The City Attorney read Ordinance No. 0-91-01 by title only. Mayor Conyers opened the public hearing at 7:57 p.m. Chuck Neuberger, 357 Melrose Lane, and Jeff Horne, 414 Quarry Lane, stated objections to this ordinance. Mayor Conyers closed the public hearing at 8:04 p.m. MOTION by Oberbeck/Powell I move to approve Ordinance No. O-91-01 political signs. Following a brief discussion, roll call vote was taken. 6 Regular City Council Meeting January 23, 1991 Page Seven 91.006 ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye nay aye aye MOTION CARRIED 3-1. (McCollum - Nay) Mayor Conyers called recess at 8:13 p.m. and reconvened the meeting at 8:23 p.m. Ail members present at roll call were present when the meeting was reconvened. RESOLUTION NO. R-91-01 - Morchesky Sand Mining Special Use Permit A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 10 ACRES IN SIZE MORE OR LESS, FOR CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY OF SEBASTIAN, ON THE WEST SIDE OF THE RIGHT-OF- WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD LOCATED IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91) The City Attorney read Resolution NO. R-91-01 by title only. Mayor Conyers opened the public hearing at 8:25 p.m. Byron Hanson, 1338 North Periwinkle Circle, Barefoot Bay, requested information on location of the property and length of the mining process. The Director of Community Development located the property on the city's zoning map for him. A1Vilardi, 445 Georgia Boulevard, Sebastian, questioned whether this was merely a fill and grade as expressed previously by Council. 7 Regular City Council Meeting January 23, 1991 Page Eight Jeff Home questioned whether the city is aware of possibility of endangered species on the property. George Metcalf objected to this sandmining and said that it had been reported to him that a panther with a cub and gopher tortoise are on the subject property. Mayor Conyers closed the public hearing at 8:38 p.m. MOTION by Powell/McCollum I move we accept Resolution No. R-91-01Morchesky sandmining special use permit. Discussion followed on the prospect of endangered species in the area. The City Attorney advised that the resolution could be amended to allow appropriate agencies time to investigate. Councilman Powell added to his motion the addition that no sandmining will take place until the appropriate state agent has checked into endangered species. Councilman McCollum seconded the addition. Attorney Rene Van de Voorde, 1327 North Central Avenue, Sebastian, questioned the implementation of that requirement based on a supposition. Council concurred to vote on the motion as first stated and then direct staff to contact the appropriate agencies. Councilman Powell and Councilman McCollum removed the addition. ROLL CALL: Councilman McCollum Vice Mayor Oberbeck Councilman Powell Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. Mayor Conyers instructed staff to contact the Game and Fish Commission. Regular C±%y Council Meeting January 23, 1991 Page Nine 91.005 F. RESOLUTION NO. R-91-02 - Chesser's Gap Sandmining Special Use Permit A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 512, SOUTH OF THE INTERSECTION OF COUNTY ROAD 512 AND FLEMING STREET, APPROXIMATELY THREE AND ONE-HALF MILES WEST OF U.S HIGHWAY 1, ALSO KNOWN AS STATE ROUTE 5, AND EAST OF STRAIT AVENUE, LOCATED IN SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91) The City Attorney read Resolution No. R-91-02 by title only. Mayor Conyers opened the public hearing at 8:49 p.m., however, there being no input he immediately closed the public hearing. MOTION by Oberbeck/Powell I move we adopt Resolution No. R-91-02 Chesser's Gap Sandmining. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Mayor Conyers Councilman McCollum aye aye aye aye MOTION CARRIED 4-0. Regular City Council Meeting January 23, 1991 Page Ten 91.007 G. RESOLUTION NO. R-91-03 - Flatt/DeCristofaro Sandmining Special Use Permit A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 10 ACRES IN SIZE MORE OR LESS, FOR CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY OF SEBASTIAN, ON THE WEST SIDE OF THE RIGHT-OF- WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD; LOCATED IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91, Advertised 1/16/91) The City Attorney read Resolution No. R-91-03 by title only. Mayor Conyers opened the public hearing at 8:51 p.m., there being no input he immediately closed the public hearing. MOTION by Powell/McCollum I move we adopt Resolution No. R-91-03 Flatt/DeCristofaro sandmining special use permit. ROLL CALL: Councilman Powell Mayor Conyers Councilman McCollum Vice Mayor Oberbeck aye aye aye aye MOTION CARRIED 4-0. 10 Regular City Council Meeting January 23, 1991 Page Eleven 91.018 H. RESOLUTION NO. R-91-09 - Indian River Yellow Cab Permit & Certificate of Public Convenience and Necessity A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO INDIAN RIVER YELLOW CAB, INC.; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CODE OF THE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABILITY INSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/9/91, Advertised 1/18/91) The City Attorney read Resolution No. R-91-09 by title only. Mayor Conyers opened the public hearing at 8:53 p.m. Russell Jaquays, 460 84th Street, Wabasso, Sebastian Yellow Cab, and W.D. Lunsford, 7250 Blue Shore Road, Palm Bay, stated, in their opinions, the applicant had not met certain conditions of the code. Alan Sayre, Port St. Lucie, Vice-President of Indian River Yellow Cab, represented the applicant. Vice Mayor Oberbeck said updated corporate certification had been received by Council. The City Attorney stated he did not see anything that Mr. Jaquays presented that would eliminate Council from approving the permit and that the applicant had met the city code's criteria. George Metcalf urged Council to delay action until a police report can be done. Jeff Horne expressed concern for requests for Council to control business competition. Mrs. Stalker, Shores Airport Service, stated, in her opinion, the city doesn't need another cab service. Mayor Conyers closed the public hearing at 9:18 p.m. The City Manager said all cabs will be registered by VIN and inspected by the Police Department. 11 Regular City Council Meeting January 23, 1991 Page Twelve 91.031 91.032 91.033 10. Chief Petty said the P.D. will check each driver for a valid license. MOTION by Oberbeck/McCollum I move we approve Resolution No. R-91-09. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. 9. PUBLIC INPUT A. Non-Agenda Items None. B. Agenda Items A1Vilardi, 445 Georgia Boulevard, Sebastian, said, in his opinion, Peter Jones' chairmanship of the Riverfront Committee creates a conflict of interest. The City Attorney said the appointment of Steven Lulich, who serves as Code Enforcement Attorney, to the Riverfront Committee may be a conflict. CONSENT AGENDA A. Approval of Minutes - 1/9/91 Regular Meeting Waive Bid - Engineering Dept. - Purchase 1/2 Ton Pickup - Duval Ford, Jacksonville - $9895 (State Contract Price) (Staff Recommendation dated 1/14/91, PW Director Memo dated 1/14/91) Award Contract to Ameraquatic - Hyacinth Control Schumann and Elkcam Waterways - $3030 (Staff Recommendation dated 1/16/91, PW Director Memo dated 1/14/91, Contract and Location Map) Approve Softball Concession Agreement Extension - BSSC - City of Sebastian and Sebastian Officials Association (City Manager Recommendation dated 1/16/91, 85 Agreement) 12 Regular City Council Meeting January 23, 1991 Page Thirteen Mayor Conyers read the consent agenda in its entirety and.removed item B for discussion. Vice Mayor Oberbeck removed items C and D for discussion. MOTION by Powell/Oberbeck I move we approve consent agenda item A. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. Item B - 91.031 - Waive Bid - Engineering Dept. - Purchase 1/2 Ton Pickup - Duval Ford, Jacksonville - S9895 (State Contract Price) At the request of Mayor Conyers, Public Works Director, Jerry Thomas, Justified the request for the purchase of the truck for Engineering. MOTION by Oberbeck/McCollum I move we approve item B on the consent agenda. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. Item C - 91.032 - Award Contract t~o Ameraquatic Hyacinth Control Schumann and Elkcam Waterways $3030 The City Manager noted that a petition had been received and copied to Council requesting that Schumann Lake be treated for algae and that Ameraquatic would include this area for an additional $300 per month. 13 Regular City Council Meeting January 23, 1991 Page Fourteen MOTION by Oberbeck/McCollum I move we approve item C and award the contract to Ameraquatic. ROLL CALL: Councilman McCollum Vice Mayor Oberbeck Councilman Powell Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. MOTION by Powell/Oberbeck I move we add Schumann Lake to Ameraquatic contract on the agenda. VOICE VOTE on the motion carried 4-0. MOTION by Oberbeck/Powell I move we award Ameraquatic the additional $300 a month maintenance charge for the Schumann Lake. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Mayor Conyers Councilman McCollum aye aye aye aye MOTION CARRIED 4-0. Item D - 91.033 - Approve Softball Concession Agreement Extension - BSSC - City o__f Sebastian and Sebastian Officials Association MOTION by Oberbeck/McCollum I move we approve item D of the Sebastian Officials Association's use of the food facility at the Barber Street ballfield for the winter season and require Council and City Manager approval for any changes and improvements. ROLL CALL: Councilman Powell Mayor Conyers Councilman McCollum Vice Mayor Oberbeck aye aye aye aye MOTION CARRIED 4-0. 14 Regular City Council Meeting January 23, 1991 Page Fifteen 91.034 11. COMMITTEE REPORTS/RECOMMENDATIONS A. Riverfront Committee The City Manager explained that Damian Gilliam's application for appointment as alternate was copied to Council at this meeting due to a miscommunication with staff. Recommendations Re: Members (Staff Recommendation dated 1/8/91, Kinchen Memo dated 1/8/91, Jones Letter dated 1/9/91, P.D. Check) a. Appoint Peter Jones as Chairman MOTION by Powell/Oberbeck I move we appoint Peter Jones as Chairman of the Riverfront Study Committee. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 5-0. b. Appoint Allison Tripp as Vice-Chairman MOTION by Powell/Oberbeck I move we appoint Allison Tripp as Vice-Chairman of the Riverfront Committee. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. The City Clerk advised that, although inadvertently omitted from the agenda, a current alternate should be moved to regular member as requested. 15 Regular City Council Meeting January 23, 1991 Page Sixteen MOTION by Oberbeck/McCollum I move that we move Mr. Brodie from alternate to full time board member. ROLL CALL: Councilman MCCollum Vice Mayor Oberbeck Councilman Powell Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. Appoint Alternate Member from Among Applicants The City Attorney exDressed a concern for the appointment of Steven Lulich, since he is compensated as Code Enforcement Board attorney and that he could request an Attorney General opinion. Attorney Lulich said he did not see a conflict. Peter Jones, Riverfront Committee Chairman, recommended appointment of Randy Mosby, citin~ the need for an engineer on the committee. Subsequent to a brief discussion, motion was made as follows. MOTION by Powell/Oberbeck I move we appoint all three (Randy Mosby, Steven Lulich and Damian Gilliams) as alternates. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Mayor Conyers Councilman McCollum aye aye aye aye MOTION CARRIED 5-0. Mayor Conyers called recess at 9:56 p.m. and reconvened the meeting at 10:03 p.m. Ail members present at roll call were present when the meeting reconvened. MOTION by Powell/McCollum I move we move Resolution No. R-91-04 up. VOICE VOTE on the motion carried 4-0. 16 Regular City Council Meeting January 23, 1991 Page Seventeen 91.030 91.030 A. RESOLUTION NO. R-91-04 - Calling 3/12/91 Election A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION FOR THE PURPOSE OF ELECTING THREE (3) CITY COUNCILMEN FOR TERMS OF TWO (2) YEARS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-91-04 by title only. MOTION by Powell/Oberbeck I move we approve Resolution No. R-91-04. Vice Mayor Oberbeck noted that the vote list in the body of the resolution contained names of previous Council. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Mayor Conyers Councilman McCollum aye aye aye aye MOTION CARRIED 4-0. March ~ 1991 Election - City Clerk Request for Approval of Certain Items Pertaining to Supervisor of Elections and Authorization of $3,500 Payment (Staff Recommendation dated 1/8/91) Mayor Conyers repeated the City Clerk's request for authorization of certain items in regard to the Supervisor of Elections conducting the March 12, 1991 city election. (see recommendation attached) MOTION by Oberbeck/Powell I move to that effect. ROLL CALL: Councilman Powell Mayor Conyers Councilman McCollum Vice Mayor Oberbeck aye aye aye aye MOTION CARRIED 4-0. 17 Regular City Council Meeting January 23, 1991 Page Eighteen 12. OLD BUSINESS 91.008 A. RESOLUTION NO. R-91-05 - Collier Creek Commercial Park Preliminary Plat Approval A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE APPROVAL OF A PRELIMINARY PLAT FOR A MAJOR SUBDIVISION FOR A PARCEL OF LAND APPROXIMATELY 10.23 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 512, WEST OF SOUTH WIMBROW DRIVE, NORTH OF GEORGE STREET, AND EAST OF STRAIT AVENUE, SUBJECT TO CERTAIN CONDITIONS; WAIVING CERTAIN SIDEWALK REQUIREMENTS; PROVIDING FOR BINDING EFFECT; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1/2/91 Discussion) The City Attorney read Resolution No. R-91-05 by title only. MOTION by Oberbeck/Powell I move we approve Resolution No. R-91-05 as read. Upon question by Vice Mayor Oberbeck, the Director of Community Development said he had advised the applicant of Council's recommendation for an additional egress. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell MOTION CARRIED 4-0. aye aye aye aye 91.009 B. RESOLUTION NO. R-91-06 - River Oaks Final Plat Approval A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN SPRINGS, UNIT 4, RIVER OAKS, CONSISTING OF 40.5 ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) 18 Regular City Council Meeting January 23, 1991 Page Nineteen 91.010 The City Attorney read Resolution No. R-91-06 by title only. MOTION by Oberbeck/Powell I move we adopt Resolution No. R-91-06 as read. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. C. RESOLUTION NO. R-91-07 - Creek Island Final Plat A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN SPRINGS, UNIT 3, CREEK ISLAND, CONSISTING OF 6.5 ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) The City Attorney read Resolution No. R-91-07 by title only. MOTION by Oberbeck/McCollum I move we approve Resolution No. R-91-07 as read. ROLL CALL: Councilman McCollum Vice Mayor Oberbeck Councilman Powell Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. 19 Regular City Council Meeting January 23, 1991 Page Twenty 91.011 D. 91.013 13. RESOLUTION NO. R-91-08 - San Sebastian Lakes Final Plat A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN LAKES, CONSISTING OF ll.ll ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) The City Attorney read Resolution No. R-91-08 by title only. MOTION by Oberbeck/McCollum I move we adopt Resolution No. R-91-08 as read. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Mayor Conyers Councilman McCollum MOTION CARRIED 4-0. aye aye aye aye NEW BUSINESS Items A & B had been moved up. C. ORDINANCE NO. O-91-06 - Morchesky Rezoning 1ST READING, SCHEDULE PH WHEN 0-91-05 COMPREHENSIVE LAND USE PLAN AMENDMENT IS RETURNED FROM DCA AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD FROM COUNTY ZONING DISTRICTS Al, RM6, AND IL TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Discussion 1/2/91) 20 Regular City Council Meeting January 23, 1991 Page Twenty-One 91.012 The City Attorney read Ordinance No. O-91-06 by title only. MOTION by McCollum/Oberbeck I move we accept Ordinance No. 0-91-06 on first reading and schedule the public hearing when returned from DCA. ROLL CALL: Councilman Powell Mayor Conyers Councilman McCollum Vice Mayor Oberbeck aye aye aye aye MOTION CARRIED 4-0. D. ORDINANCE NO. 0-91-08 - Fisher Rezoning 1ST READING, SCHEDULE PH WHEN 0-91-07 COMPREHENSIVE LAND USE PLAN AMENDMENT IS RETURNED FROM DCA 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 10 ACRES MORE OR LESS, LOCATED APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND NORTHWEST OF CROSS STREET; FROM COR (COMMERCIAL OFFICE RESIDENTIAL) ZONING DISTRICT TO CG (COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) The City Attorney read Ordinance No. 0-91-08 by title only. MOTION by McCollum/Oberbeck I move we accept Ordinance No. O-91-08 on first reading and schedule public hearing on return from DCA. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. 21 Regular City Council Meeting January 23, 1991 Page Twenty-Two 90.133 14. 15. MAYOR'S MATTERS Mayor Conyers said he had received an opinion from the City Attorney regarding signing of contracts; and said he expects that the next Christmas party will be financed without using city funds. COUNCIL MATTERS A. Vice Mayor Oberbeck Vice Mayor Oberbeck noted that the Christmas party expenditure exceeded the $2,000 limit; questioned whether the Mayor had responded to the Boy Scout letter regarding bus stops; questioned the status of the fuel storage tank problem; requested that a proclamation be done and sent to local servicemen serving in the Middle East; and requested that staff look into American flags be placed in the U.S. 1 median strip and that the public place yellow ribbons throughout the city to show support. B. Councilman McCollum None. C. Councilman Powell None. D. Councilman Rondeau Absent. 16. CITY ATTORNEY MATTERS 17. None. CITY MANAGER MATTERS The City Manager requested that Council modify its agenda by adding an item to consider a $2,500 increase in the fee to Architects Design Group for design of the police facility. 22 Regular City Council Meeting January 23, 1991 Page Twenty-Three 18. MOTION by Oberbeck/McCollum I move we add that right now. ROLL CALL: Councilman McCollum Vice Mayor Oberbeck Councilman Powell Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. MOTION by Oberbeck/McCollum I move we approve the additional funds for the site work for the police station and engineering. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Mayor Conyers Councilman McCollum aye aye aye aye MOTION CARRIED 4-0. Being no further business, Mayor Conyers adjourned the meeting at 10:26 p.m. / Kathry~ M. O'Halloran, City Clerk · 199~ ~,z,.,:::.~/Z Council Meeting. W.E. Conyers, M~or / 23 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: March 12, 1991 Election APPROVED FOR SUBMI~BY:~~ J City Manager: ;~/ ~ z v - ) Dept. Origin City Clerk ) ) Date Submitted 1/8/91 ) For Agenda Of 1/23/91 ) ) Exhibits: none EXPENDITURE REQUIRED: approx. $3,500 AMOUNT BUDGETED: $6,600 APPROPRIATION REQUIRED: SUMMARY STATEMENT I am requesting approval of certain items regarding the March 12, 1991 election, requested by Ann Robinson, Supervisor of Elections, Indian River County, for formal Council approval for her office to conduct the election and to prepare the ballot. In accordance with Ms. Robinson's request, I am requesting that Council authorize payment to the Supervisor of Elections Office in the amount of $3,500 which must be presented to her along with the names of candidates to be placed on the ballot. The cost of conductin~ the election is fifty cents per registered voter in the city, which number will be determined when registration books close on February 11, 1991. Following the election, there will be a total breakdown of costs presented and any overage in payment will be reimbursed to the city. Also, in accordance with Code of Ordinances, Section 9-1 Candidates-Declaration of intent; petition; form of ballot. subsection (b) I will advise the Supervisor of Elections that blank lines should be provided for write-in votes.