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HomeMy WebLinkAbout01271993City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 27, 1993 - 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 - St. Sebastian Catholic Church 4. ROLL CALL AGENDA MODIFICATION~ (ADDITIONS AND]OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the council members present (Resolution No. R-89-59). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7. PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action 93.021/ 92. 151 93.022/ 92.151 Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. ORDINANCE NO. 0-93-02 - Charter Revisions - 3/9/93 General Electlon 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 REVISIONS TO SECTIONS 2.05, 2.08, 2.12, 3.O1, 3.03, 3.08 AND 5.O1 OF THE CITY CHARTER TO PROVIDE FOR THE CORRECTION AND/OR CLARIFICATION OF EXISTING PROVISIONS; AMENDING SECTION 2.05 OF THE CITY CHARTER PERTAiNiNG TO COMPENSATION AND EXPENSES OF THE MAYOR, VICE-MAYOR AND OTHER CITY COUNCIL MEMBERS; AMENDING SECTION 2.08 OF THE CITY CHARTER PERTAINING TO THE FILLING OF VACANCIES OF THE OFFICE OF COUNCIL MEMBERS; AMENDING SECTION 2.12 OF THE CITY CHARTER PERTAINING TO THE PROCEDURE FOR VOTING BY THE CITY COUNCIL; AMENDING SECTION 3.O1 OF THE CITY CHARTER PERTAINING TO THE CREATION OF CITY DEPARTMENTS, OFFICES AND AGENCIES; AMENDING SECTION 3.03 OF THE CITY CHARTER PERTAINING TO THE REMOVAL OF CHARTER OFFICERS; AMENDING SECTION 3.08 OF THE CITY CHARTER PERTAINING TO THE POWER OF POLICE OFFICERS TO BEAR ARMS AND MAKE ARRESTS; AMENDING SECTION 5.O1 OF THE CITY CHARTER PERTAINING TO THE SEVERABILITY OF PROVISIONS OF THE CITY CHARTER, 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; AND PROVIDING FOR AN EFFECTIVE DATE. (lSt Reading 1/13/93, Advertised Legal Notices Sebastian Sun 1/15/93, PH and Adoption 1/27/93) ORDINANCE NO. 0-93-03 - Charter Revisions - 3/9/93 General Election 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 ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF MAYOR BY THE CITY COUNCIL FROM AMONG ITS MEMBERS; AMENDING SECTION 2.O1 OF THE CITY CHARTER TO PROVIDE FOR A CITY COUNCIL CONSISTING OF FIVE COUNCIL MEMBERS; AMENDING SECTION 2.02 OF THE CITY CHARTER TO PROVIDE FOR THE CRITERIA OF ELIGIBILITY OF CITY COUNCIL MEMBERS; AMENDING SECTION 2.03 PERTAINING TO THE PROCEDURE FOR ELECTING CITY COUNCIL MEMBERS; AMENDING SECTION 2.04 TO PROVIDE FOR THE TERM OF THE MAYOR; AMENDING SECTION 2.06 OF THE CITY CHARTER PROVIDING FOR 93.023/ 92.151 THE PROCEDURE FOR ELECTING THE MAYOR AND VICE-MAYOR; 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; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/13/93, Advertised Legal Notices Sebastian Sun 1/15/93, PH and Adoption 1/27/93) Ce ORDINANCE NO. 0-93-04 - Charter Revisions - 3/9/93 General Election 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 ARTICLE IV OF THE CITY CHARTER; AMENDING SECTION 4.02 OF THE CITY CHARTER PERTAINING TO FILING OF CANDIDATE'S OATH AND LOYALTY OATH; PROVIDING FOR THE REPEAL OF SECTION 4.03 OF THE CITY CHARTER PERTAINING TO SPECIAL MUNICIPAL ELECTIONS TO ELECT ELECTIVE OFFICERS; PROVIDING FOR THE REPEAL OF SECTION 4.06 OF THE CITY CHARTER PERTAINING TO ELECTION PRECINCTS AND POLLING PLACES; 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 NECESSARY ARRANGEMENTS FOR CITY ELECTIONS IN CONJUNCTION WITH THE CITY CLERK THROUGH RESOLUTIONS; 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; PROVIDING PROCEDURES FOR CONVENING THE CITY CANVASSING BOARD AND RECORDING RESULTS OF THE BOARD; PROVIDING FOR A SPECIAL MEETING OF THE CITY COUNCIL FOR 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; AMENDING SECTION 4.12 OF THE CITY CHARTER PERTAINING TO ELECTION PROCEDURES IN THE EVENT OF A TIE VOTE; 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; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/13/93, Advertised Legal Notices Sebastian Sun 1/15/93, PH and Adoption 1/27/93) 3 93.029/ 91.221 93.030 93.031/ 92.260 93.032 ITEMS DEFERRED FROM 1/13/93 REGULAR MEETING A. MAYOR AND CITY COUNCIL MATTERS 1. Vice Mayor Oberbeck a. Macho Products (Previously Distributed by Vice Mayor Oberbeck) 2. Mrs. Carolyn Corum 3. Dr. Peter R. Holvk 4. Mr. George G__.Reid 5. Mayor Lonnie Powell B. CITY ATTORNEY MATTERS C. CITY MANAGER MATTERS 1. Report on Utilities Director Appointment (City Manager Recommendation dated 1/7/93) D. COMMITTEE REPORTS/RECOMMENDATIONS 1. PLANNING AN__D ZONING COMMISSION a. Recommendation - Administration of Oath (Staff Recommendation dated 1/7/93, P & Z Memo dated 12/8/92, Proposed Resolution) E. NEW BUSINESS 1. RESOLUTION NO. R-93-01 - Adopt Agreement - TRICO Insurance (Staff ~ecommendation dated 1/6/93, R-93-01, Agreement, Assistant Finance Director Memo dated 10/26/92, Florida Municipal Risk Reporter dated 9/18/92, city Attorney Memos dated 9/28/92 and 12/12/92) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING MEMBERSHIP IN THE TRI-COUNTY RISK MANAGEMENT PROGRAM AND APPOINTING A REPRESENTATIVE AND ALTERNATE TO THE BOARD OF DIRECTORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. City Council Chambers' Video Monitors (Staff Recommendation dated 1/7/93) 93.033 93.033 93.033 93.034/ 92.235 PUBLIC INPUT O__N AGENDA ITEMS (For Items on the 1/27/93 Agenda) 10. CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 1/13/93 Regular Meeting PROCLAMATION - Calling March 9, 1993 General Election (City Clerk Recommendation dated 1/6/93, Proclamation) RESOLUTION NO. R-93-02 - Designating Polling Places, offices to be Filled and Questions to be Decided at the March 9, 1993 General Election (City Clerk Recommendation dated 1/6/93, R-93-02) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 9, 1993, FOR THE PURPOSE OF ELECTING THREE (3) CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING CERTAIN REFERENDUM QUESTIONS ON THE BALLOT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Approval for Supervisor of Elections for Indian River County to Conduct 3/9/93 General Election and Prepare Ballot, Authorize Payment to SOE in the Amount of $4,000.00, and Appoint Council Representative to Canvassing Board (City Clerk Recommendation dated 1/6/93) Morchesky Sandmining Special Use Permit - Request Additional Twelve Month Time Extension to Expire 1/22/94 (Staff Recommendation dated 1/18/93, Fischer Letter dated 1/4/93, Application, Continuation Certificate, Mosby Letter dated 1/8/93, R-91-01, 8/12/92 Minutes) 93.035/ 92.101 93.018 93.036 93.037 93.038 93.039 93.040 93.041 Contamination Assessment Report - Approve Additional Services for Work Order Authorization Prepared December 10, 1992 - Authorize Staff to Issue Notice to Proceed to Envirx - Estimated Cost $5,135.00 (Staff Recommendation dated 1/19/93, City Engineer Memo dated 1/15/93, DER Letter dated 12/3/92, City Engineer Letters dated 12/29/92 & 12/30/92, Envirx Work Order dated 12/10/92) RESOLUTION NO. R-93-04 - Zoning Technician Job Description (Staff Recommendation dated 1/18/93, R-93-04, Job Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF ZONING TECHNICIAN; PROVIDING FOR THE INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Walter Golembeski/Long Island Tree Service - Request Removal of Specimen Tree - One Pine Tree - Lots 9 & 10, Block 47, Unit 2, Sebastian Highlands (Staff Recommendation dated 1/7/93, Application) Waiver of Bidding Procedures - Sole Source - Seed and Mulch Outfall Ditch - Neil Farms - $3,083.00 (Staff Recommendation dated 1/21/93) Bid Award - Mowing Contract - Palmetto Tractor and Henry Fischer and Sons (Staff Recommendation dated 1/19/93, Bid Tabulation Form) Bid Award - Sod - Supply and Install - B & T Sod (Staff Recommendation dated 1/12/93, Bid Tabulation Form) Bid Award - Sign Machine - Greco Manufacturing - $7,050.00 (Staff Recommendation dated 1/12/93, Bid Tabulation Form) Sebastian Panther Youth Sports Association - Request Use of Schumann Park - Garage and Bake Sale Fundraiser (Staff Recommendation dated 1/20/93, Frost Letter dated 1/20/93) 6 93.042 N. 93.043 O. 11. 93.044/ A. 92.134 93.045/ B. 91.340 12. 93.046 13. 14. 93.047 St. Sebastian Catholic Church - Request Waiver of City Permit Fees for Carnival - 2/11/93 through 2/14/93 (Staff Recommendation dated 1/21/93, Dernbach Letter dated 1/14/93) Sebastian First Church of the Nazarene - Request Use of Riverview Park - Picnic and Concert - 3/28/93 Until 5 p.m. (Staff Recommendation dated 1/21/93, Eby Letter dated 1/21/93) PRESENTATIONS Visions Report - Peter Jones (Report Previously Distributed) Indian River County - Request Letter of Non- Objection - Land Purchase - Preservation 2000 Grant (Staff Recommendation dated 1/21/93, DeBlois Letter dated 12/14/92, Application) COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING AND ZONING COMMISSION Recommendations - Amendment to Home Occupational License and Commission Membership Requirements (Staff Recommendation dated 1/18/93, P & Z Memo dated 11/20/92) OLD BUSINESS None. NEW BUSINESS RESOLUTION NO. R-93-06 - Macho Products (R-93-06) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING ITS NON OBJECTION TO THE RELOCATION OF MACHO PRODUCTS, INC. TO NORTH INDIAN RIVER COUNTY; REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY TO ESTABLISH A MONITORING AND ENFORCEMENT PROGRAM; AUTHORIZING AND DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 93.048/ 92.222 ORDINANCE NO. 0-93-01 - Land Development Code Amendments (Staff Recommendation dated 12/18/93, P & Z Memo dated 1/12/93, O-93-01 First Reading, Set Public Hearings for 2/10/93 and 2/24/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; AMENDING THE DEFINITION OF PARKING GARAGES; AMENDING THE DEFINITION OF RESTAURANTS; AMENDING THE DEFINITION OF WAREHOUSING, STORAGE AND DISTRIBUTION ACTIVITIES; PROHIBITING USES AND STRUCTURES THAT ARE NOT OTHERWISE SPECIFICALLY PERMITTED; AMENDING PROVISIONS PERTAINING TO THE MINIMUM LIVING AREA IN DWELLING UNITS IN ALL RESIDENTIAL ZONING DISTRICTS, INCLUDING THE R-MH AND COR ZONING DISTRICTS; AMENDING PROVISIONS PERTAiNiNG TO MINIMUM BUILDING SETBACKS FROM PROPERTY LINES IN ALL ZONING DISTRICTS; PROVIDING FOR GUEST HOUSES AS A CONDITIONAL USE IN THE RS-20 (SINGLE-FAMILY RESIDENTIAL DISTRICT) ZONING DISTRICT; PROVIDING FOR HOME OCCUPATIONS AS A CONDITIONAL USE IN THE RM-8 (MEDIUM DENSITY MULTiPLE-FAMILY RESIDENTIAL DISTRICT), THE RM~ 12 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), AND THE R-MH (MOBILE HOME DISTRICT) ZONING DISTRICTS; PROVIDING FOR RETAIL GASOLINE SALES AS A PERMITTED USE IN THE CG (GENERAL COMMERCIAL DISTRICT) ZONING DISTRICT; PROVIDING FOR MEDICAL SERVICES AS A PERMITTED USE IN THE COR (COMMERCIAL OFFICE RESIDENTIAL DISTRICT), THE CL (LIMITED COMMERCIAL DISTRICT), THE CG (GENERAL COMMERCIAL DISTRICT), AND THE GMC (GENERAL MARINE COMMERCIAL DISTRICT), ZONING DISTRICTS; PROVIDING FOR WIDTH REQUIREMENTS FOR RESIDENTIAL DRIVEWAYS; PROVIDING A DEFINITION OF A GUEST HOUSE; PROVIDING THAT A GUEST HOUSE SHALL BE A CONDITIONAL USE IN THE RE-40 (RESIDENTIAL ESTATE DISTRICT) ZONING DISTRICT; PROVIDING SPECIAL CRITERIA REGULATING GUEST HOUSES AS A CONDITIONAL USE; AMENDING THE CONSTRUCTION STANDARDS OF ALL RESIDENTIAL MANUFACTURED BUILDINGS, MOBILE HOMES, TRAVEL TRAILERS AND SIMILAR PORTABLE LIVING QUARTERS IN AN R-MH MOBILE HOME DISTRICT AND IN A PUD(MH) MOBILE HOME PLANNED UNIT DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND A STORM SHELTER IN A PUD(MH) MOBILE HOME PLANNED UNIT DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND A STORM SHELTER FOR MOBILE HOME SUBDIVISIONS; INCREASING THE MAXIMUM BUILDING COVERAGE REQUIRED IN AN R-MH MOBILE HOME DISTRICT AND A PUD(MH) PLANNED UNIT DEVELOPMENT; AMENDING SECTION 20A-5.1 OF THE LAND DEVELOPMENT CODE PERTAINING TO HEIGHT EXCEPTIONS; AMENDING SECTION 20A-5.2 OF THE LAND DEVELOPMENT CODE PERTAINING TO PROJECTIONS AND OBSTRUCTIONS INTO A REQUIRED YARD; REPEALING PROVISIONS PERTAINING TO ENCROACHMENTS BY FIRE ESCAPES, OUTSIDE STAIRWAYS AND BALCONIES WHICH PROJECT INTO A REQUIRED YARD; AMENDING SECTION 20A-5.5 OF THE LAND DEVELOPMENT CODE PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES IN A REQUIRED REAR YARD; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF ACCESSORY BUILDINGS; AMENDING PROVISIONS PERTAINING TO FENCES ON RESIDENTIAL CORNER LOTS; AMENDING PROVISIONS PERTAiNiNG TO UTILIZATION OF REAL PROPERTY LOCATED IN A COMMERCIAL OR INDUSTRIAL ZONED DISTRICT FOR RESIDENTIAL PURPOSES; AMENDING PROVISIONS PERTAINING TO HEIGHT RESTRICTIONS OF FENCES AND WALLS; AMENDING PROVISIONS PERTAINING TO REQUIRED SCREENS FOR GARBAGE, REFUSE DUMPSTERS; AMENDING PROVISIONS PERTAINING TO REGULATION OF OBSTRUCTIONS TO VISIBILITY ON A CORNER LOT; AMENDING PROVISIONS PERTAINING TO THE VIOLATION OF SPECIAL CRITERIA FOR MODEL HOMES AS A CONDITIONAL USE; AMENDING PROVISIONS PERTAINING TO THE REQUIRED PARKING SPACES FOR MARINAS; PROHIBITING POROUS SURFACES FOR HANDICAPPED PARKING SPACES; PROVIDING FOR REQUIRED WIDTH FOR ENTRY AND EXIT WAYS AND DRIVES; PROVIDING THAT A PRELIMINARY SITE PLAN APPLICANT DOES NOT OBTAIN VESTED RIGHTS UPON TENTATIVE APPROVAL BY THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF PRIVATE WELLS ON REAL PROPERTY LOCATED WITHIN THE CITY LIMITS; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF A CHILD CARE FACILITY IN RELATION TO THE TYPE OF STREET ADJACENT TO SAiD FACILITY; AMENDING PROVISIONS PERTAINING TO OFF-STREET LOADING FACILITIES; AMENDING PROVISIONS PERTAINING TO GENERAL SITE PLAN REVIEW PROCEDURES; AMENDING SECTION 20A-3.8.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.9.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.16.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.10.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING PROVISIONS PERTAINING TO THE ELECTION OF OFFICERS AND THE SELECTION OF A SECRETARY FOR THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO PROCEDURES FOR THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO SUBMISSION AND TRANSMITTAL OF PROPOSED AMENDMENTS TO THE COMPREHENSIVE LAND USE PLAN; AMENDING THE EXISTING DEFINITION OF A COMMERCIAL AMUSEMENT, UNENCLOSED; PROHIBITING THE UTILIZATION OF USABLE OUTDOOR RECREATION AREAS FOR CHILD CARE FACILITIES WITHIN ANY DEDICATED EASEMENT; AMENDING SECTION 20A-6.1.C.14.b TO ADD ADDITIONAL RESTRICTIONS PERTAINING TO HOME OCCUPATIONS AS A CONDITIONAL USE; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 9 93.010 93.049/ 92.081 93.050 Riverfront Survey Proposal - Rod Reed - $8,230.00 (Staff Recommendation dated 1/19/93, City Engineer Memo dated 1/19/93, Proposal) Da U.S. 1 Median Landscape Architect - Brad Smith Associates, Inc. - $6,650.00 (Staff Recommendation dated 1/20/93, Agreement for Professional Services) Ea Riverview Park North - Conceptual Plan - Approve Agreement for Professional Services - Brad Smith Associates, Inc. - $1,950.00 (Staff Recommendation dated 1/21/93, Agreement and Proposal) 15. 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) 16. 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.) 10 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 27, 1993 - 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. Mayor Powell called the meeting to order at 7:02 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Henk Toussaint, St. Sebastian Catholic Church. 4. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mr. George Reid Absent: Dr. Peter Holyk (excused) Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper Asst. Finance Director, Larry Napier Asst. Public Works Director, Jerry Thomas City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting ~January 27, 1993 Page Two AGENDA ~ODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). Mayor Powell requested that Item 12 relative to Planning and Zoning recommendation on home occupational licenses and memberships be deferred to the February 3, 1993 workshop. City Council concurred. 6. PROCLAMATIONS ANDJOR kNNOUNCEMENTS None. 7. PUBLIC HEARING, FINAL ACTION 93.021/ 92.151 ORDINANCE NO. 0-93-02 - Charter Revisions - 3/9/93 General Election 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 REVISIONS TO SECTIONS 2.05, 2.08, 2.12, 3.O1, 3.03, 3.08 AND 5.O1 OF THE CITY CHARTER TO PROVIDE FOR THE CORRECTION AND/OR CLARIFICATION OF EXISTING PROVISIONS; AMENDING SECTION 2.05 OF THE CITY CHARTER PERTAINING TO COMPENSATION AND EXPENSES OF THE MAYOR, VICE-MAYOR AND OTHER CITY COUNCIL MEMBERS; AMENDING SECTION 2.08 OF THE CITY CHARTER PERTAINING TO THE FILLING OF VACANCIES OF THE OFFICE OF COUNCIL MEMBERS; AMENDING SECTION 2.12 OF THE CITY CHARTER PERTAINING TO THE PROCEDURE FOR VOTING BY THE CITY COUNCIL; AMENDING SECTION 3.O1 OF THE CITY CHARTER PERTAINING TO THE CREATION OF CITY DEPARTMENTS, OFFICES AND AGENCIES; AMENDING SECTION 3.03 OF THE CITY CHARTER PERTAINING TO THE REMOVAL OF CHARTER OFFICERS; AMENDING SECTION 3.08 OF THE CITY CHARTER PERTAINING TO THE POWER OF POLICE OFFICERS TO BEAR ARMS AND MAKE ARRESTS; AMENDING SECTION 5.O1 OF THE CITY CHARTER PERTAINING TO THE SEVERABILITY OF PROVISIONS OF THE CITY CHARTER, 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; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/13/93, Advertised Legal Notices Sebastian Sun 1/15/93, PH and Adoption 1/27/93) Regular City Council Meeting ~.January 27, 1993 Page Three 93.022/ 92.151 The city Attorney read Ordinance No. 0-93-02 by title only, Mayor Powell opened the public hearing at 7:08 p.m., and there being no input he closed it immediately. MOTION by Oberbeck/Reid I would move that we approve Ordinance No. 0-93-02 as read. In response to Mrs. Corum, the City Attorney said if passed, he would be directed to draft an ordinance to set out procedures for expense approval by City Council. ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk absent Mr. Reid aye Mayor Powell aye MOTION CARRIED 4-0 (Holyk - absent). B. ORDINANCE ~Q, O-95-03 - Charter Revisions - 3/9/93 General Election 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 ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF MAYOR BY THE CITY COUNCIL FROM AMONG ITS MEMBERS; AMENDING SECTION 2.O1 OF THE CITY CHARTER TO PROVIDE FOR A CITY COUNCIL CONSISTING OF FIVE COUNCIL MEMBERS; AMENDING SECTION 2.02 OF THE CITY CHARTER TO PROVIDE FOR THE CRITERIA OF ELIGIBILITY OF CITY COUNCIL MEMBERS; AMENDING SECTION 2.03 PERTAINING TO THE PROCEDURE FOR ELECTING CITY COUNCIL MEMBERS; AMENDING SECTION 2.04 TO PROVIDE FOR THE TERM OF THE MAYOR; AMENDING SECTION 2.06 OF THE CiTY CHARTER PROVIDING FOR THE PROCEDURE FOR ELECTING THE MAYOR AND ViCE-MAYOR; 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; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/13/93, Advertised Legal Notices Sebastian Sun 1/15/93, PH and Adoption 1/27/93) Regular City Council Meeting ..January 27, 1993 Page Four Mayor Powell opened the public hearing at 7:12 p.m., and the City Attorney read Ordinance No. 0-93-03 by title only. Keith Miller, 961 Riviera Avenue, sebastian, spoke. Mayor Powell closed the public hearing at 7:14 p.m. MOTION by Corum/Oberbeck I make a motion Council approves Ordinance No. 0-93-03. A brief discussion took place relative to the Mayor's role. ROLL CALL: Mrs. Corum aye Dr. Holyk absent Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye 93.023/ 92.151 MOTION CARRIED 4-0 (Holyk - absent). C. ORDINANCE NO. 0-93-04 - Charter Revisions - 3/9/93 General Election 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 ARTICLE IV OF THE CITY CHARTER; AMENDING SECTION 4.02 OF THE CITY CHARTER PERTAINING TO FILING OF CANDIDATE'S OATH AND LOYALTY OATH; PROVIDING FOR THE REPEAL OF SECTION 4.03 OF THE CITY CHARTER PERTAINING TO SPECIAL MUNICIPAL ELECTIONS TO ELECT ELECTIVE OFFICERS; PROVIDING FOR THE REPEAL OF SECTION 4.06 OF THE CITY CHARTER PERTAINING TO ELECTION PRECINCTS AND POLLING PLACES; 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 NECESSARY ARRANGEMENTS FOR CITY ELECTIONS IN CONJUNCTION WITH THE CITY CLERK THROUGH RESOLUTIONS; 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; PROVIDING PROCEDURES FOR CONVENING THE CITY CANVASSING BOARD AND RECORDING RESULTS OF THE BOARD; PROVIDING FOR A SPECIAL MEETING OF THE CITY COUNCIL FOR PURPOSES OF RECEIVING RESULTS OF THE CITY CANVASSING BOARD, DECLARING ELECTION RESULTS AND ADMINISTERING OATHS OF OFFICE TO NEWLY ELECTED CITY Regular City Council Meeting ~.January 27, 1993 Page Five OFFICIALS; AMENDING SECTION 4.09 OF THE CITY CHARTER PERTAINING TO BALLOTS; AMENDING SECTION 4.12 OF THE CITY CHARTER PERTAINING TO ELECTION PROCEDURES IN THE EVENT OF A TIE VOTE; 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; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/13/93, Advertised Legal Notices Sebastian Sun 1/15/93, PH and Adoption 1/27/93) Mayor Powell opened the public hearing at 7:17 p.m., the City Attorney read Ordinance No. 0-93-04 by title only, and, being no input, he closed it immediately. MOTION by Oberbeck/Reid I would move that we adopt ordinance No. 0-93-04 charter revisions referring to general election ballot. ROLL CALL: Dr. Holyk absent Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye MOTION CARRIED 4-0 (Holyk - absent). 8. ITEMS DEFERRED FROM 1/13/93 REGULAR MEETING A. MAYOR AND CITY COUNCIL MATTERS 1. Vice Mayor Oberbeck Macho Products (Previously Distributed by Vice Mayor Oberbeck) Mr. Oberbeck reiterated concerns expressed relative to Macho Products, Inc. relocation to north Indian River County, and requested City Council approval for Resolution No. R-93-06. 5 Regular City Council Meeting .January 27, 1993 Page Six 93.029/ 91.221 Mr. Oberbeck requested a progress report on Hardee Park trees and the Sebastian Lakes agreements for Laconia Street. The Director of Community Development responded. 2. Mrs. Carolyn Corum Mrs. Corum recommended that the City of Sebastian celebrate Arbor Day in the future. 3. Dr. Peter R. Holyk Absent. 4. Mr. George G. Reid Mr. Reid commented that the police tower is under construction. 5. Mayor Lonnie Powell Mayor Powell said Little League sign-ups were held and that large numbers had come; expressed hope that the City never becomes like a city portrayed on "Primetime" regarding committees and studies for installation of a light. B. CITY ATTORNEY MATTERS None. C. CITY MANAGER MATTERS Report on Utilities Director Appointment (City Manaqer Recommendation dated lf7/93] Clay Price, 12430 Roseland Road, Roseland, on behalf of the North County Council, urged that a Utilities Director be retained, and stated that it is their position that the County is the best organization to provide utility service to the City of Sebastian. He provided a report to the city Clerk. The City Manager reiterated his recommended action (see attached). 6 Regu~lar city Council Meeting · .January 27, 1993 Page Seven TAPE I - SiDE II - 7:50 p.m. A discussion ensued on the merits of hiring a person with a PE. MOTION by Reid/corum I would move that we go along with the City Manager's request to allow him to use his discretion in hiring a person regardless of whether they have a PE or not and give him the flexibility to hire somebody without a PE at the salary range that he was quoting. ROLL CALL: Mr. Reid aye Mayor Powell aye Mr. Oberbeck nay Mrs. Corum aye Dr. Holyk absent MOTION CARRIED 3-1 (Holyk - absent, Oberbeck - nay). Mr. Oberbeck was excused from 8:05 p.m to 8:07 p.m. D. COMMITTEE REPORTS/RECOMMENDATIONS 1. PLANNING AND ZONING COMMISSION 93.030 Recommendation - Administration of Oath (Staff Recommendation dated 1/7/93, P & Z Memo dated 12/8/92, Proposed Resolution) This item was deferred to the February 3, 1993 workshop agenda. E. NEW BUSINESS 93.031/ 92.260 RESOLUTION NO. R-93-01 ~ Adopt Agreement - TRICO Insurance [Staff Recommendation dated 1/6/93, R-93-01, Agreement, Assistant Finance Director Memo dated 10/26/92, Florida Municipal Risk Reporter dated 9/18/92, City Attorney Memos dated 9/28/92 and 12/12/92) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING MEMBERSHIP IN THE TRI-COUNTY RISK MANAGEMENT PROGRAM AND APPOINTING A REPRESENTATIVE AND ALTERNATE TO THE BOARD OF DIRECTORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read R-93-01 by title only. 7 Regular City Council Meeting ..January 27, 1993 Page Eight 93.032 MOTION by Corum/Oberbeck I move Council approves Resolution No. R-93-01. ROLL CALL: Mayor Powell aye Mr. oberbeck aye Mrs. Corum aye Dr. Holyk absent Mr. Reid aye MOTION CARRIED 4-0 (Holyk - absent). city Council Chambers' Video Monitors (Staff Recommendation dated 1/7/93) This item was deferred to the February 3, 1993 workshop agenda. Mayor Powell called recess at 8:10 p.m. and reconvened the meeting at 8:25 p.m. Ail members present at roll call were present when the meeting reconvened. PUBLIC INPUT ON AGENDA ITEMS (For Items on the 1/27/93 Agenda) Walter Golembeski, 660 Forster Avenue, Sebastian, spoke on item 93.036 specimen tree removal. A1 Vilardi, 445 Georgia Boulevard, Sebastian, spoke on item 93.047 Resolution No. R-93-06 Macho Products, Inc., and handed out information on hazardous chemicals. Keith Miller, 961 Riviera Avenue, Sebastian, spoke on item 93.048 Ordinance No. O-93-01. Sal Neglia, 461 Georgia Boulevard, Sebastian, spoke on item 93.049 U.S. 1 median strip landscape architect. 8 Regular City Council Meeting .~ January 27, 1993 Page Nine 93.033 93.033 93.033 93.034/ 92.235 10. CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 1/13/93 Regular Meeting Be PROCLAMATION - Calling March 9, 1993 General Election (City Clerk Recommendation dated 1/6/93, Proclamation) RESOLUTION NO. R-93-02 - Designating Polling Places, Offices to be Filled and Questions to be Decided at the March 9, 1993 General Election (City Clerk Recommendation dated 1/6/93, R-93-02) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 9, 1993, FOR THE PURPOSE OF ELECTING THREE (3) CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING CERTAIN REFERENDUM QUESTIONS ON THE BALLOT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Approval for Supervisor of Elections for Indian River County to Conduct 3/9/93 General Election and Prepare Ballot, Authorize Payment to SOE in the Amount of $4,000.00, and Appoint Council Representative to Canvassing Board (City Clerk Recommendation dated 1/6/93) Morchesky Sandmining Special Use Permit - Request Additional Twelve Month Time Extension to Expire 1/22/94 (Staff Recommendation dated 1/18/93, Fischer Letter dated 1/4/93, Application, Continuation Certificate, Mosby Letter dated 1/8/93, R-91-01, 8/12/92 Minutes) 9 Regu~lar City Council Meeting .January 27, 1993 Page Ten 93.035/ F. 92.101 93.018 G. 93.036 H. 93.037 I. 93.038 J. 93.039 K. 93.040 L. 93.041 M. Contamination Assessment Report - Approve Additional Services'for Work Order Authorization Prepared December 10, 1992 - Authorize Staff to Issue Notice to Proceed to Envirx - Estimated Cost $5,135.00 (Staff Recommendation dated 1/19/93, City Engineer Memo dated 1/15/93, DER Letter dated 12/3/92, City Engineer Letters dated 12/29/92 & 12/30/92, Envirx Work Order dated 12/10/92) RESOLUTION NO. R-93-04 - Zoning Technician Job Description (Staff Recommendation dated 1/18/93, R-93-04, Job Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF ZONING TECHNICIAN; PROVIDING FOR THE INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Walter Golembeski/Long Island Tree Service - Request Removal of Specimen Tree - One Pine Tree - Lots 9 & 10, Block 47, Unit 2, Sebastian Highlands (Staff Recommendation dated 1/7/93, Application) Waiver of Bidding Procedures - Sole Source - Seed and Mulch Outfall Ditch - Neil Farms - $3,083.00 (Staff Recommendation dated 1/21/93) Bid Award - Mowing Contract - Palmetto Tractor and Henry Fischer and Sons (Staff Recommendation. dated 1/19/93, Bid Tabulation Form) Bid Award - Sod - Supply and Install - B & T Sod (Staff Recommendation dated 1/12/93, Bid Tabulation Form) Bid Award - Sign Machine - Greco Manufacturing - $7,050.00 (Staff Recommendation dated 1/12/93, Bid Tabulation Form) Sebastian Panther Youth Sports Association - Request Use of Schumann Park - Garage and Bake Sale Fundraiser (Staff Recommendation dated 1/20/93, Frost Letter dated 1/20/93) 10 Regu~lar City Council Meeting ..January 27, 1993 Page Eleven 93.O42 N. St. Sebastian Catholic Church - Request Waiver of City Permit Fees for Carnival - 2/11/93 through 2/14/93 (Staff Recommendation dated 1/21/93, Dernbach Letter dated 1/14/93) 93.043 O. Sebastian First Church of the Nazarene - Request Use of Riverview Park - Picnic and Concert - 3/28/93 Until 5 p.m. (Staff Recommendation dated 1/21/93, Eby Letter dated 1/21/93) The City Manager read the consent agenda in its entirety, including the full election proclamation and titles of Resolution Nos. R-93-02 and R-93-04. Mrs. Corum removed items D, F and G; Mr. Oberbeck removed item E; and, Mayor Powell removed items E, H, and N. Mayor Powell noted items remaining A,B,C,I,J,K,L,M, and O. MOTION by Corum/Oberbeck I make a motion that we approve those items. (A,B,C,I,J,K,L,M, and O) ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk absent Mr. Reid aye Mayor Powell aye MOTION CARRIED 4-0 (Holyk - absent). ITEM D Mrs. Corum volunteered for the canvassing board. MOTION by Oberbeck/Reid I would move that the Council appoint Mrs. Corum to the canvassing board as our representative. VOICE VOTE on the motion carried 4-0. (Holyk - absent) MOTION by Corum/Oberbeck I make a motion that we approve the $4,000.00 to Ann Robinson for payment for our city elections. 11 Regular City Council Meeting January 27, 1993 Page Twelve ROLL CALL: Mrs. Corum aye Dr. Holyk absent Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye MOTION CARRIED 4-0 (Holyk - absent). ITEM E Mr. Oberbeck noted that the applicant's signature is nowhere on the documents and said, having spoken to her, she will come in and sign tomorrow. Mrs. Corum said a resolution should be drafted relative to time extensions. MOTION by Oberbeck/Reid I would move that we approve item E the Morchesky sandmining special use permit, extending it for the additional twelve months. ROLL CALL: Dr. Holyk absent Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye MOTION CARRIED 4-0 (Holyk - absent). ITEM F Mrs. Corum expressed concern relative to groundwater contamination. MOTION by Corum/Oberbeck I move we approve item F of the consent agenda. ROLL CALL: Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk absent MOTION CARRIED 4-0 (Holyk - absent). 12 Reg~lar City Council Meeting January 27, 1993 Page Thirteen ITEM G Mrs. Corum expressed concern relative to hiring a technician rather than a planner. MOTION by Corum/Oberbeck I move we approve item G of the consent agenda. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk absent Mr. Reid aye MOTION CARRIED 4-0 (Holyk - absent) ITEM H MOTION by Oberbeck/Reid I would move that we approve item H of the consent agenda. ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk absent Mr. Reid aye Mayor Powell aye MOTION CARRIED 4-0 (Holyk - absent). ITEM N Citizens signed up to speak declined. MOTION by Oberbeck/Reid I would move that we approve item N of the consent agenda. ROLL CALL: Mrs. Corum aye Dr. Holyk absent Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye MOTION CARRIED 4-0 (Holyk - absent). 13 Regular City Council Meeting January 27, 1993 Page Fourteen 11. PRESENTATIONS 93.044/ A. 92.134 Visions Report - Peter Jones (Report Previously Distributed) Peter Jones presented the Visions Report to City Council and thanked them for their cooperation. TAPE II - SIDE I (8:50 p.m.) 93.o45/ 91.340 Indian River County ~ Request Letter of Non- Objection - Land Purchase ~ Preservation 2000 Grant (Staff Recommendation dated 1/21/93, DeBlois Letter dated 12/14/92, Application) Roland DeBlois, Indian River County Planner, addressed City Council, citing the location of the subject property and purpose of its purchase. City Council discussion ensued on the question of preservation vs. development of the property. MOTION by Oberbeck/Reid I would like to make a motion that requests Indian River County to withdraw the application for this particular land from the Preservation 2000 Grant and leave that land to remain in our city as industrial zoned properties for development. ROLL CALL: Dr. Holyk absent Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum nay MOTION CARRIED 3-1 (Holyk - absent, Corum - nay). 12. COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING AND ZONING COMMISSION 93.046 Recommendations ~ Amendment to Home Occupational License and Commission Membership Requirements (Staff Recommendation dated 1/18/93, P & Z Memo dated 11/20/92) This item was deferred to the February 3, 1993 workshop agenda. 14 Regular City Council Meeting January 27, 1993 Page Fifteen 13. OLD BUSINESS None. 14. NEW BUSINESS 93.047 A. RESOLUTION NO. R-93-06 - Macho Products (R-93-06) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING ITS NON OBJECTION TO THE RELOCATION OF MACHO PRODUCTS, INC. TO NORTH INDIAN RIVER COUNTY; REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY TO ESTABLISH A MONITORING AND ENFORCEMENT PROGRAM; AUTHORIZING AND DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager read Resolution No. R-93-06 in its entirety. Mr. Oberbeck was excused from 9:22 p.m. to 9:24 p.m. Deborah Curbow, 1080 Evernia Street, Sebastian; Brian Curbow, 1080 Evernia Street, Sebastian; Charles Hart, Hotchkiss Road, Roseland; and Rick Hathaway, Macho Products, Inc., 11195 Roseland Road, Roseland; spoke on the resolution. Mr. Hathaway handed out exhibits and gave a brief presentation. TAPE II - SIDE II (9:40 p.m.) City Council addressed questions to Mr. Hathaway and a brief discussion followed. MOTION by Corum/Oberbeck I would move to adopt Resolution No. R-93-06. ROLL CALL: Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk absent MOTION CARRIED 4-0 (Holyk - absent). 15 Reg~{lar City Council Meeting · January 27, 1993 Page Sixteen 93.048/ B. 92.222 ORDINKNCE NO. 0-93-01 - Land Development Code Amendments (Staff Recommendation dated ~2/~S/93, P & Z Memo dated 1/~2/93, 0-93-0~ First Re&ding, Set Public Hearings for 2/10/93 and 2/24/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; AMENDING THE DEFINITION OF PARKING GARAGES; AMENDING THE DEFINITION OF RESTAURANTS; AMENDING THE DEFINITION OF WAREHOUSING, STORAGE AND DISTRIBUTION ACTIVITIES; PROHIBITING USES AND STRUCTURES THAT ARE NOT OTHERWISE SPECIFICALLY PERMITTED; AMENDING PROVISIONS PERTAINING TO THE MINIMUM LIVING AREA IN DWELLING UNITS IN ALL RESIDENTIAL ZONING DISTRICTS, INCLUDING THE R-MH AND COR ZONING DISTRICTS; AMENDING PROVISIONS PERTAINING TO MINIMUM BUILDING SETBACKS FROM PROPERTY LINES IN ALL ZONING DISTRICTS; PROVIDING FOR GUEST HOUSES AS A CONDITIONAL USE IN THE RS-20 (SINGLE-FAMILY RESIDENTIAL DISTRICT) ZONING DISTRICT; PROVIDING FOR HOME OCCUPATIONS AS A CONDITIONAL USE IN THE RM-8 (MEDIUM DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), THE RM- 12 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), AND THE R-MH (MOBILE HOME DISTRICT) ZONING DISTRICTS; PROVIDING FOR RETAIL GASOLINE SALES AS A PERMITTED USE IN THE CG (GENERAL COMMERCIAL DISTRICT) ZONING DISTRICT; PROVIDING FOR MEDICAL SERVICES AS A PERMITTED USE IN THE COR (COMMERCIAL OFFICE RESIDENTIAL DISTRICT), THE CL (LIMITED COMMERCIAL DISTRICT), THE CG (GENERAL COMMERCIAL DISTRICT), AND THE GMC (GENERAL MARINE COMMERCIAL DISTRICT), ZONING DISTRICTS; PROVIDING FOR WIDTH REQUIREMENTS FOR RESIDENTIAL DRIVEWAYS; PROVIDING A DEFINITION OF A GUEST HOUSE; PROVIDING THAT A GUEST HOUSE SHALL BE A CONDITIONAL USE IN THE RE-40 (RESIDENTIAL ESTATE DISTRICT) ZONING DISTRICT; PROVIDING SPECIAL CRITERIA REGULATING GUEST HOUSES AS A CONDITIONAL USE; AMENDING THE CONSTRUCTION STANDARDS OF ALL RESIDENTIAL MANUFACTURED BUILDINGS, MOBILE HOMES, TRAVEL TRAILERS AND SIMILAR PORTABLE LIVING QUARTERS IN AN R-MH MOBILE HOME DISTRICT AND IN A PUD(MH) MOBILE HOME PLANNED UNIT DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND A STORM SHELTER IN A PUD(MH) MOBILE HOME PLANNED UNIT DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND A STORM SHELTER FOR MOBILE HOME SUBDIVISIONS; INCREASING THE MAXIMUM BUILDING COVERAGE REQUIRED IN AN R-MH MOBILE HOME DISTRICT AND A PUD(M}{) PLANNED UNIT DEVELOPMENT; AMENDING SECTION 20A-5.1 OF THE LAND DEVELOPMENT CODE PERTAINING TO HEIGHT 16 Regular City Council Meeting January 27, 1993 Page Seventeen EXCEPTIONS; AMENDING SECTION 20A-5.2 OF THE LAND DEVELOPMENT CODE PERTAINING TO PROJECTIONS AND OBSTRUCTIONS INTO A REQUIRED YARD; REPEALING PROVISIONS PERTAINING TO ENCROACHMENTS BY FIRE ESCAPES, OUTSIDE STAIRWAYS AND BALCONIES WHICH PROJECT INTO A REQUIRED YARD; AMENDING SECTION 20A-5.5 OF THE LAND DEVELOPMENT CODE PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES IN A REQUIRED REAR YARD; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF ACCESSORY BUILDINGS; AMENDING PROVISIONS PERTAINING TO FENCES ON RESIDENTIAL CORNER LOTS; AMENDING PROVISIONS PERTAINING TO UTILIZATION OF REAL PROPERTY LOCATED IN A COMMERCIAL OR INDUSTRIAL ZONED DISTRICT FOR RESIDENTIAL PURPOSES; AMENDING PROVISIONS PERTAINING TO HEIGHT RESTRICTIONS OF FENCES AND WALLS; AMENDING PROVISIONS PERTAINING TO REQUIRED SCREENS FOR GARBAGE, REFUSE DUMPSTERS; AMENDING PROVISIONS PERTAINING TO REGULATION OF OBSTRUCTIONS TO VISIBILITY ON A CORNER LOT; AMENDING PROVISIONS PERTAINING TO THE VIOLATION OF SPECIAL CRITERIA FOR MODEL HOMES AS A CONDITIONAL USE; AMENDING PROVISIONS PERTAINING TO THE REQUIRED PARKING SPACES FOR MARINAS; PROHIBITING POROUS SURFACES FOR HANDICAPPED PARKING SPACES; PROVIDING FOR REQUIRED WIDTH FOR ENTRY AND EXIT WAYS AND DRIVES; PROVIDING THAT A PRELIMINARY SITE PLAN APPLICANT DOES NOT OBTAIN VESTED RIGHTS UPON TENTATIVE APPROVAL BY THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF PRIVATE WELLS ON REAL PROPERTY LOCATED WITHIN THE CITY LIMITS; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF A CHILD CARE FACILITY IN RELATION TO THE TYPE OF STREET ADJACENT TO SAID FACILITY; AMENDING PROVISIONS PERTAINING TO OFF-STREET LOADING FACILITIES; AMENDING PROVISIONS PERTAINING TO GENERAL SITE PLAN REVIEW PROCEDURES; AMENDING SECTION 20A-3.8.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.9.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.16.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.10.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING PROVISIONS PERTAINING TO THE ELECTION OF OFFICERS AND THE SELECTION OF A SECRETARY FOR THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO PROCEDURES FOR THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO SUBMISSION AND TRANSMITTAL OF PROPOSED AMENDMENTS TO THE COMPREHENSIVE LAND USE PLAN; AMENDING THE EXISTING DEFINITION OF A COMMERCIAL AMUSEMENT, UNENCLOSED; PROHIBITING THE UTILIZATION OF USABLE OUTDOOR RECREATION AREAS FOR CHILD CARE FACILITIES WITHIN ANY 17 Regular City Council Meeting January 27, 1993 Page Eighteen 93.010 DEDICATED EASEMENT; AMENDING SECTION 20A-6.1.C.14.b TO ADD ADDITIONAL RESTRICTIONS PERTAINING TO HOME OCCUPATIONS AS A CONDITIONAL USE; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-93-01 by title only. The Director of Community Development clarified certain provisions relative to parking garages in commercial zones. The City Attorney responded to Planning and Zoning concerns and recommended certain amendments. (see amended pages attached) MOTION by Oberbeck/Reid I would move that we approve the first reading of Ordinance No. O-93-01 and set the two public hearings one for February 10th and the second for February 24th, and that the changes be incorporated as directed at us by the City Attorney. VOICE VOTE on the MOTION CARRIED 4-0 (Holyk - absent). Riverfront Survey Proposal - Rod Reed - ~8,230.00 (Staff Recommendation dated 1/19/93, ~ Engineer Memo dated 1/19J93~ Proposal) Mr. Reed said the survey would be completed in approximately 30 days. MOTION by Reid/Corum I'll move to approve the proposal for surveying from Rod Reed Public Land Surveyor in the amount of $8,230. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk absent Mr. Reid aye MOTION CARRIED 4-0 (Holyk - absent). 18 Regular City Council Meeting January 27, 1993 Page Nineteen 93.049/ D. 92.081 U.S. 1 Median Landscape Architect - Brad Smith Associates, Inc. - $6,650.00 (Staff Recommendation dated 1/20/93, Agreement for Professional Services) William Mahoney, 207 Delaware Avenue, Sebastian, expressed concern relative to the cost. Discussion followed relative to cost and it was noted that the budgeted amount was $5,000.00. TAPE III - SIDE I MOTION by Reid/Corum I'm inclined to move that we go ahead and appropriate the additional $1650 as recommended by staff. ROLL CALL: Mr. Oberbeck nay Mrs. Corum aye Dr. Holyk absent Mr. Reid aye Mayor Powell nay MOTION 2-2 (NO VOTE). 93.050 Riverview Park North - Conceptual Plan - Approve Agreement for Professional Services - Brad Smith Associates, Inc. - $1,950.00 (Staff Recommendation dated 1/21/93, Agreement and Proposal) MOTION by Corum/Reid I make a motion that Council approves Brad Smith for $1,950.00 for the conceptual plan for Riverview Park North. ROLL CALL: Mrs. Corum aye Dr. Holyk absent Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye MOTION CARRIED 4-0 (Holyk - absent). 15. 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) 19 Regular City Council Meeting January 27, 1993 Page Nineteen 16. Mayor Powell adjourned the meeting at 10:30 p.m. Approved at the ~.~&~.~,~ /~ ~_~.~993 ~.~/L~ City C9~~ Meeting. ~~~w~~/~ Kathry~ M. O'Halloran, City Clerk 20 Section 4--5. That the existing Section 20A-3.7 of the Land Development Code of the .City of Sebastian, Florida, is hereby amended by deleting Paragraph 7 of Subsection F (20A-3.7.F.7) in its entirety and adding the following new provisions in lieu thereof to read as follows: "7. Maximum building coverage: 40 percent." Section 46. That the existing Section 20A-5.1 of the Land Development Code of the City of Sebastian, Florida, is hereby amended by deleting the existing Section (20A-5.1) in its entirety and adding the following new provisions in lieu thereof to read as follows: "Seo. 20A-5.1 Height exoeptions. ChimneysT-s~eep~esT-s&~s?-w~m&~sT-w~e~-~a~ks? and radio and television antennas may exceed height limitations upon the prior approval of the Building Official and the City Engineer based on the compliance with all other applicable technical codes. N~ h~i~3h~- ' ' ' ~te~-~pp~e~-By Steeples, silos, windmills, water tanks and cupolas mav exceed height limitations upon the prior approval o__f by the Planning and Zoning Commission. In no event, however, shall any permitted heights be in conflict with the height regulations established by flight angles of state- approved airports in the City. Ail permitted heights shall comply with all - 33 - (8) No mechanical equipment or electrical equipment shall be employed or stored on the Premises other than equipment usually found associated with a hobby monetary gain or profit. in a residence which is or vocation conducted for no All such equipment must be located within the twenty percent (20%) area described in Clause (5), above. (9) No equipment or process shall be used in connection with a home occupation which creates noise, vibration, glare, fumes, odor or electrical interference detectable by the normal senses from any location other than on the Premises. No equipment or process shall be used in connection with the home occupation which causes visible or audio interference in any radio or television receiver, telephone, organ or other similar items that are located other than on the Premises. (10) Except .as specifically provided elsewhere .in this Section 20A-6.1.C.14.b, no home occupation~ other than an address of convenience, shall be allowed considered as an activities thereof A home occupation shall be "address of convenience" if the consist solely of receiving phone calls, making phone calls, receiving mail or keeping business records of the home occupation. (11) A home occupation is subject to all applicable city occupational licenses and other business taxes, except as specifically preempted by state or federal law. Each applicant for a home occupation shall submit a sworn - 64 - PUBLIC HEARING SiGN-UP SHEET ORDINANCE NO. 0-93-02 - CHARTER REVISIONS JANUARY 27, 1993 REGULAR MEETING AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTOI~TE IN ORDER TO MEND PORTIONS OF THE CITY CHARTER; PROVIDING FOR REVISIONS TO SECTIONS 2.05, 2.08, 2.12, 3o01, 3°03, 3.08 AND 5o01 OF THE CITY CI~d~TER TO PROVIDE FOR THE CORRECTION AND/OR CLARIFICATION OF EXISTING PROVISIONS; AHENDING SECTION 2°05 OF THE CITY CIf~RTER PERTAINING TO COMPENSATION AND EXPENSES OF THE MAYOR, VICE-I~YOR AND OTHER CITY COUNCIL MEMBERS; MENDING SECTION 2.08 OF THE CITY CI~,RTER PERTAINING TO THE FILLING OF VACANCIES OF THE OFFICE OF COUNCIL MEMBERS; MENDING SECTION 2.12 OF THE CITY CI~,RTER PERTAINING TO THE PROCEDURE FOR VOTING BY THE CITY COUNCIL; MENDING SECTION 3.01 OF THE CITY CHARTER PERTAINING TO THE CREATION OF CITY DEPARTMENTS, OFFICES AND AGENCIES; A~ENDING SECTION 3.03 OF THE CITY CI~.RTER PERTAINING TO THE REMOVAL OF CHARTER OFFICERS; MENDING SECTION 3°08 OF THE CITY CHARTER PERTAINING TO THE POWER OF POLICE OFFICERS TO BEAR ARMS AND MAKE ARRESTS; AMENDING SECTION 5.01 OF THE CITY CHARTER PERTAINING TO THE SEVERABILITY OF PROVISIONS OF THE CITY CHARTER, 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; AND PROVIDING FOR AN EFFECTIVE DATE. NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: SI6NO Ic' -' A6 NbA I'r- H NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 2 PUBLIC HEARING SIGN-UP SHEET ORDINANCE NO. 0-93-03 - CHARTER REVISIONS JANUARY 27, 1993 REGUL~ MEETING AN ORDINANCE OF THE CITY OF SEBASTI~, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT ~ REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE Ii OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF MAYOR BY THE CITY COUNCIL FROM AMONG ITS MEMBERS; AMENDING SECTION 2.01 OF THE CITY CHARTER TO PROVIDE FOR A CITY COUNCIL CONSISTING OF FIVE COUNCIL MEMBERS; ANENDING SECTION 2.02 OF THE CITY CHARTER TO PROVIDE FOR THE CRITERIA OF ELIGIBILITY OF CITY COUNCIL MEMBERS; AMENDING SECTION 2.03 PERTAINING TO THE PROCEDURE FOR ELECTING CITY COUNCIL MEMBERS; AMENDING SECTION 2.04 TO PROVIDE FOR THE TERM OF THE MAYOR; AMENDING SECTION 2.06 OF THE CITY CHARTER PROVIDING FOR THE PROCEDURE FOR ELECTING THE MAYOR AND VICE-MAYOR; 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; AND PROVIDING FOR AN EFFECTIVE DATE. NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 2 PUBLIC HEARING SIGN-UP SHEET ORDiNANCE NO. 0-93-04 - CHARTER REVISIONS JANUARY 27, 1993 REGULAR MEETiNG 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 ARTICLE IV OF THE CITY CHARTER; AMENDING SECTION 4.02 OF THE CITY CHARTER PERTAINING TO FILING OF CANDIDATE'S OATH AND LOYALTY OATH; PROVIDING FOR THE REPEAL OF SECTION 4.03 OF THE CITY CHARTER PERTAINING TO SPECIAL MUNICIPAL ELECTIONS TO ELECT ELECTIVE OFFICERS; PROVIDING FOR THE REPEAL OF SECTION 4.06 OF THE CITY CHARTER PERTAINING TO ELECTION PRECINCTS AND POLLING PLACES; 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 HAKE ALL NECESSARY ARRANGEMENTS FOR CITY ELECTIONS IN CONJUNCTION WITH THE CITY CLERK THROUGH RESOLUTIONS; 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; PROVIDING PROCEDURES FOR CONVENING THE CITY CANVASSING BOARD AND RECORDING RESULTS OF THE BOARD; PROVIDING FOR A SPECIAL MEETING OF THE CITY COUNCIL FOR 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; AMENDING SECTION 4.12 OF THE CITY CHARTER PERTAINING TO ELECTION PROCEDURES IN THE EVENT OF A TIE VOTE; 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; EFFECTIVE DATE. AND PROVIDING FOR AN NAME: ADDRESS: NAME: ADDRESS: A 16N Ul:) - A6 NbA NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 2 PUBLIC iNPUT ON ITEMS DEFERRED FROM 1/13/93 SIGNUP SHEET JANUARY 27, 1993 REGULAR MEETING (Use this form ONLY for input on Agenda Item 8. "ITEMS DEFERRED FROM THE 1/13/93 REGULAR MEETING") which includes "Report on Utilities Director Appointment", "P & Z Recommendation - Administration of Oath", "Resolution No. R-93-01 - TRICO Insurance", and "City Cornel Chambers' Video Monitors". /D~DR~s i ~ ~ ./ ~ NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: - AG£NbA t'r t-I NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: 2 PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET JANUARY 27, 1993 REGULAR MEETING NOT FOR ITEMS DEFERRED FROM 1/13/93 USE SHEET NO. 4 FOR iTEMS DEFERRED (Use this form ONLY for input on items on the prepared agenda except for public hearings which have their own slgnup sheets. If you wish to speak during the actual discussion of the matter rather than during "Public Input on Agenda Items" please note.) ESS: ~ iC~NuP SH~e-F ~ - AGS~bA NAME: ADDRES/~: ~DDRESSI ~//SUBJECT. NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: INTRODUCTION OF BUSINESS FROM THE PUBLIC SIGNUP SHEET JANUARY 27, 1993 REGULAR MEETING (Use this form ONLY for presentation of matters NOT on the prepared agenda. Introduction of Business from the Public is the last item on the agenda) NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: 2