HomeMy WebLinkAbout02101993 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 10, 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 - Reverend Harold Lee - First Baptist
Church of Sebastian
4. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
93.060
Proclamation - American History Month (Recipient
- Betty Bock)
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
93.048/
92.222
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. 0-93-0~ - Land Development Code
Amendments
First Public Hearing, Second Public Hearing Scheduled
for 2/24/93 (Please refer to 1/27/93 Agenda Packet
for Ordinance - Except for Amended Pages 33 and 64)
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
2
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
93.061
93.062/
92.295
93.059
93. 015
IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
FLORIDA; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE. (1st Reading 1/27/93,
Advertised 1/4 Page Press Journal 2/2/93, 1st Public
Hearing 2/10/93)
8. PUBLIC INPUT ON AGENDA ITEMS
9. 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.
Aa
Approval of Minutes - 1/27/93 Regular Meeting,
2/3/93 Workshop
Bid Waiver - Sole Source - Golf Course Fertilizer
- 22 Tons 15-0-15 w/ IBDU - Vigoro Industries of
Ft. Pierce - $15,004.00 (Staff Recommendation
dated 2/4/93, Golf Course Superintendent Memo
dated 2/2/93)
RESOLUTION NOv.. R-93-05 - City Engineer Computer
Equipment/Software Lease (Staff Recommendation
dated 2/4/93, R-93-05, Lease)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE
CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN
EQUIPMENT LEASE WITH DANIEL C. ECKIS, IN ORDER TO
LEASE CERTAIN COMPUTER EQUIPMENT AND SOFTWARE;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-93-03 - Street Names Changes
(R-93-03)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CHANGING THE NAME OF STRATTON
AVENUE; CHANGING THE NAME OF A PORTION OF BARBER
STREET; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Fourth of July Committee - Request Waiver of
Rental Fee and Security Deposit - Use of
Community Center - Organizational Meetings -
Second Tuesday of Each Month - 7:00 P.M. (City
Clerk Recommendation dated 2/4/93, Malek Letter
dated 2/4/93)
4
93.063
93.064/
92.317
10. PRESENTATIONS - None
11. MAYOR AN.D CITY COUNCIL MATTERS
A. Mr. George G. Reid
B. Mayor Lonnie R. Powell
C. Mr. Frank Oberbeck
D. Mrs. Carolyn Corum
E. Dr. Peter R. Holyk
12. CITY ATTORNEY MATTERS
13. CITY MANAGER MATTERS
14. COMMITTEE REPORTS/RECOMMENDATIONS
A. PLANNING AND ZONING COMMISSION
1. Recommendation - Reappoint J.W. Thompson
to Regular Member Position - Term 2/93
Through 2/96 - Eligible for Reappointment
(Staff Recommendation dated 1/28/93, P & Z
Memo dated 1/28/93, Five Applications)
15. OLD BUSINESS - None
16. NEW BUSINESS
A. ORDINANCE NO. 0~95-06 - Tree Protection
(Staff Recommendation dated Z/4/93, 0-93-06
First Reading, Set Public Hearing for 3/10/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE XIV OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING
TO TREE PROTECTION, IN ITS ENTIRETY; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
5
93.065/
92.043
93.066/
92.043
93.067
93.016
ORDINANCE NO. 0-92-07 - Rhodes Comprehensive Land
Use Plan Amendment (Staff Recommendation dated
2/3/93, 0-92-07, DCA Letter dated 11/12/92, City
Finding of Facts)
Set Public Hearing for 3/24/93
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 RURAL DISTRICT TO CITY LD (LOW DENSITY)
DISTRICT FOR LAND LOCATED IN THE SOUTHWEST SECTION OF
THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS,
LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET
AND NORTH OF THE SEBASTIAN RIVER FLOODWAY; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES iN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
3/25/92, 1/4 Page Ad 5/5/92, 1st Public Hearing
5/13/92)
ORDINANCE NO. 0-92-08 - Rhodes Rezoning
(staff Recommendation dated 2/3/93, 0-92-08
Set Publlc Hearing for 3/24/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY IN THE SOUTHWEST SECTION OF THE
CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS, LOCATED
SOUTH OF BLOCK 339, WEST OF LACONIA STREET AND NORTH
OF THE SEBASTIAN RIVER FLOODWAY FROM COUNTY ZONING
DISTRICT AG-1 (AGRICULTURAL) TO CITY ZONING DISTRICT
RS-10 (SiNGLE-FAMiLY RESIDENTIAL); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE. (lst Reading 3/25/92)
Donate Two Surplus Police Vehicles to the
Fellsmere Police Department (City Manager
Recommendation dated 2/4/93, Parish Letter dated
2/4/93)
Em
U.S. Fish and Wildlife - Request to Close Yacht
Club and Boat Ramp - March 14, 1993 (City Manager
Recommendation dated 2/5/93, USFW Letter dated
2/2/93)
6
93.068
17.
RESOLUTION NO. R-93-08 - Designating City of
Sebastian as "Home of Pelican Island" - Sponsored
by Councilmember Reid (R-93-08)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DECLARING THE CITY OF SEBASTIAN AS
"HOME OF PELICAN ISLAND"; AUTHORIZING AND DIRECTING
THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS
RESOLUTION TO THE U.S FISH AND WILDLIFE SERVICE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
93.069 A.
93.070 B.
Carlin J. Parker - Code Re: Commercial Trailers
in Residential Zones (Parker Letter dated
1/27/93)
Ron Harsh - United Media Concepts - Proposal to
Videotape City Council Meetings (City Manager
Recommendation dated 2/5/93, Harsh Letter dated
2/4/93)
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.)
PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
FEBRUARY 10, 1993 WORKSHOP
(Use this form ONLY for input on items on the prepared agenda
except for public hearings which have their own signup sheets.
If you wish to speak during the actual discussion of the matter
rather than during "Public Input on Agenda Items" please note.)
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PUBLIC HEARING SIGN-UP SHEET
ORDINANCE NO. O-93-01 - LAND
DEVELOPMENT CODE AMENDMENTS
FEBRUARY 10, 1993 REGULAR MEETING
(PLEASE SEE AGENDA FOR ORDINANCE TITLE)
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INTRODUCTION OF BUSINESS FROM THE PUBLIC
SIGNUP SHEET
FEBRUARY 10, 1993 WORKSHOP
(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)
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 10, 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 7:00 p.m.
2. The Pledge of Allegiance was recited.
invocation was given by Reverend Harold Lee, First
Baptist Church of Sebastian.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Dr. Peter Holyk
Mr. George Reid
Also
Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular city Council Meeting
February 10, 1993
Page Two
93.060
93.048/
92.222
AGENDA MODIFICATIONS (~DDITIONS 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).
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
ae
Proclamation_- American History Month (Reci]pient
- Betty Bock}
Mayor Powell read and presented the proclamation,
designating February as American History Month, to
Betty Bock.
7. PUBLIC HEARINGj 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
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.~.. O-93-01 - Land Development Code
Amendments
First Public Hearing, Second Public Hearing Scheduled
for 2/24/93 (Please refer to 1/27/93 Agenda Packet
for Ordinance - Except for Amended Pages 33 and 64)
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
2
Regular City Council Meeting
February 10, 1993
Page Three
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-MHMOBILE 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
3
Regular City Council Meeting
February 10, 1993
Page Four
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-3.9oC OF THE LAND
DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A
CONDITIONAL USE; AMENDING SECTION 20A-3o16.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. (lst Reading 1/27/93,
Advertised 1/4 Page Press Journal 2/2/93, 1st Public
Hearing 2/10/93)
Mayor Powell opened the public hearing at 7:05 p.m.,
and the City Attorney read Ordinance No. O-93-01 by
title only.
Regular City Council Meeting
February 10, 1993
Page Five
There was no public input and the Director of
Community Development and City Attorney advised that
certain of the recommendations of Planning and
Zoning, discussed at the February 3, 1993 City
Council meeting, had already been incorporated in
this ordinance.
Mayor Powell closed the public hearing at 7:12 p.m.
The City Attorney noted that "address of convenience"
language was added to home occupational license codes
as an addition to other provisions, and not to
prohibit other types of occupations.
Discussion followed relative to prohibition of signs
on commercial vehicles parked at the residence of a
home occupational license permittee.
MOTION by Oberbeck/Corum
I would move to that effect. (strike on page 61,
Section 71 of the Ordinance and Section 20A-
6.1.C.14.b.1 of the Land Development Code, "No
advertising or commercial signage shall be affixed to
or visible from the commercial vehicle.".)
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 5-0.
MOTION by Holyk/Oberbeck
I would move that we accept the first reading and
set the second public hearing for February 24, 1993
for Ordinance No. O-93-01, Land Development Code
amendment.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 5-0.
8. PUBLIC INPUT ON AGENDA ITEMS
Ron Harsh, 550 Bay Harbor Terrace, Sebastian,
inquired about public input procedures.
Regular City Council Meeting
February 10, 1993
Page Six
93.061
93.062/
92.295
93.059
93.015
9. 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.
Approval of Minutes - 1/27/93 Regular Meeting,
2/3/93 Workshop
Bid Waiver - Sole Source - Golf Course Fertilizer
- 22 Tons 15-0-15 w/ IBDU - Vigoro Industries of
Ft. Pierce - $15,004.00 (Staff Recommendation
dated 2/4/93, Golf Course Superintendent Memo
dated 2/2/93)
RESOLUTION NO. R-93-05 - city Engineer Computer
Equipment/Software Lease (Staff Recommendation
dated 2/4/93, R-93-05, Lease)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE
CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN
EQUIPMENT LEASE WITH DANIEL C. ECKIS, IN ORDER TO
LEASE CERTAIN COMPUTER EQUIPMENT AND SOFTWARE;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-93-03 - Street Names Changes
(R-93-03)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CHANGING THE NAME OF STRATTON
AVENUE; CHANGING THE NAME OF A PORTION OF BARBER
STREET; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Fourth of July Committee - Request Waiver of
Rental Fee and Security Deposit - Use of
Community Center - Organizational Meetings -
Second Tuesday of Each Month - 7:00 P.M. (City
Clerk Recommendation dated 2/4/93, Malek Letter
dated 2/4/93)
6
Regular city Council Meeting
February 10, 1993
Page Seven
The City Manager read the consent agenda in its
entirety, including titles of Resolution Nos. R-93-05
and R-93-03.
Mrs. Corum removed item D; Mr. Oberbeck removed item C.
MOTION by Holyk/Oberbeck
I would move that we approve items A, B and E of
the consent agenda as written.
ROLL CALL:
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 5-0.
Item C
Mr. Oberbeck explained the lease of the computer
equipment and software and expressed gratitude.
MOTION by Oberbeck/Reid
I would move that we approve item C of the
consent agenda.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
Item D
Mrs. Corum inquired about the development of a
residential property where the city intends to recurb
the corner of Barber and Stratton.
The City Manager said he would draft a letter to
bring this to the attention of Indian River County.
MOTION by Corum/Holyk
I move to approve item D of the consent agenda.
Dr. Holyk suggested the City Manager call Indian
River County as soon as possible.
VOICE VOTE on the motion carried 5-0.
Regular City Council Meeting
February 10, 1993
Page Eight
10. PRESENTATIONS
None.
11. MAYOR AND CITY COUNCIL MATTERS
A. Mr___=. George G. Reid
Mr. Reid recommended that fire hydrants installed by
the county along Roseland Road be covered up since
they are not active at this time; questioned
installation of water lines by the county; expressed
concern relative to a drainage culvert being
installed on Indian River Drive to drain untreated
stormwater from U.S. 1 into the Indian River. The
City Manager said the culvert project is being done
by FDOT, and stated his concerns.
B. Mayor Lonnie R_=. Powell
Mayor Powell expressed concern regarding laying of
sod in swales which prevents water run-off; inquired
about the status of GDU acquisition and recommended
an update on the matter at the next meeting.
C. Mr. Frank Oberbeck
Mr. Oberbeck reiterated concerns relative to the
abuse of Riverview Park North and other areas by
Martin Paving; discussed FMHA and VA mortgages; noted
that GDC deed restrictions had prohibited non-
domesticated animals in the Highlands.
D. Mrs. Carolyn Corum
Mrs. Corum expressed concerns relative to a tank
being used by Martin Paving and now located next to
the Indian River at Paradise Marina.
TAPE I - SIDE II (8:00 p.m.)
Mrs. Corum discussed candidate forums and urged
attendance.
8
Regular City Council Meeting
February 10, 1993
Page Nine
E. Dr. Peter R. Holyk
Dr. Holyk reiterated concerns relative to Riverview
Park North; discussed the installation of water pipe
lines around the City of Sebastian and questioned
whether they were needed at this time and where funds
were derived.
The City Manager said he would give Martin Paving
notice to vacate the premises.
Mayor Powell called recess at 8:09 p.m. and
reconvened the meeting at 8:20 p.m.. Ail members
were present.
12. CITY ATTORNEY MATTERS
None.
13. CITY MANAGER MATTERS
The City Manager said the March workshop agenda
will be kept strictly to workshop matters and
suggested that any matters be submitted to the City
Clerk or him.
14. COMMITTEE REPORTS/RECOMMENDATIONS
A. PLANNING AN__D ZONING COMMISSION
93.063
Recommendation - Reappoint J.W. Thompson
to Regular Member Position - Term 2_~
Through 2/96 - Eligible for Reappointment
(Staff Recommendation dated 1/28/93, P & Z
Memo dated 1/28/93, Five Applications)
City Council discussed the excellent pool of
applicants.
MOTION by Holyk/Corum
I move that we accept the recommendation of
the P & Z Board to reappoint J.W. "Tommy" Thompson as
a regular member for the term starting 2/93 through
2/96 eligible for reappointment.
VOICE VOTE on the motion carried 5-0.
9
Regular City Council Meeting
February 10, 1993
Page Ten
15. OL~ BUSINESS
16.
93.064/
92.317
None.
NE__W BUSINESS
ORDINANCE NO. 0-93-06 - Tree Protection
(Staff Recommendation dated 2/4/93, 0-93-06
First Reading, Set Public Hearing for 3/10/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE XIV OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING
TO TREE PROTECTION, IN ITS ENTIRETY; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
The city Attorney read Ordinance No. 0-93-06 by title
only.
Charles Stachel, 1698 Coral Reef Street, Sebastian,
and Robert McCollum, 501 Durant Street, Sebastian,
recommended revisions to the proposed ordinance.
The Director of Community Development recommended
minor revisions and said he was working on a
homeowner packet for distribution.
A lengthy City Council discussion followed. It was
the consensus of City Council to direct staff to
revise language in accordance with recommendations
from Planning and Zoning and City Council and bring
them back to City Council at the next workshop.
10
Regular City Council Meeting
February 10, 1993
Page Eleven
93.065/ B.
92.043
ORDINANCE NO. 0-92-07 - Rhodes Comprehensive Land
Use Plan Amendment (Staff Recommendation dated
2/3/93, 0-92-07, DCA Letter dated 11/12/92, City
Finding of Facts)
Set Public Hearing for 3/24/93
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 RURAL DISTRICT TO CITY LD (LOW DENSITY)
DISTRICT FOR LAND LOCATED IN THE SOUTHWEST SECTION OF
THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS,
LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET
AND NORTH OF THE SEBASTIAN RIVER FLOODWAY; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
3/25/92, 1/4 Page Ad 5/5/92, 1st Public Hearing
5/13/92)
The City Attorney read Ordinance No. 0-92-07 by title
only.
TAPE II - SIDE I (9:18 p.m.)
city Council discussion took place on Department of
Community Affairs concerns.
MOTION by Holyk/Oberbeck
I would move that we set the public hearing on
3/24/93 for Ordinance No. 0-92-07 the Rhodes
Comprehensive Land Use Plan amendment.
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
MOTION CARRIED 5-0.
11
Regular City Council Meeting
February 10, 1993
Page Twelve
93.066/ C.
92.043
93.067
ORDINANCE NO. 0-92-08 - Rhodes Rezoning
(Staff Recommendation dated 2/3/93, 0-92-08
Set Publio Hearing for 3/24/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY IN THE SOUTHWEST SECTION OF THE
CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS, LOCATED
SOUTH OF BLOCK 339, WEST OF LACONIA STREET AND NORTH
OF THE SEBASTIAN RIVER FLOODWAY FROM COUNTY ZONING
DISTRICT AG-1 (AGRICULTURAL) TO CITY ZONING DISTRICT
RS-10 (SINGLE-FAMiLY RESIDENTIAL); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE. (lst Reading 3/25/92)
The City Attorney read Ordinance No. 0-92-08 by title
only.
MOTION by Oberbeck/Reid
I would move to set the public hearing for
Ordinance No. 0-92-08 for March 24, 1993.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 5-0.
Donate Two Surplus Police Vehicles to the
Fellsmere Police Department (city Manager
Recommendation dated 2/4/93~ Parish Letter dated
2L4~93)
Mr. Oberbeck was excused from 9:24 p.m. to 9:27 p.m.
MOTION by Holyk/Reid
I would move that we approve the donation of two
surplus police vehicles to the Fellsmere Police
Department.
12
Regular City Council Meeting
February 10, 1993
Page Thirteen
93.016
93.068
ROLL CALL:
Mrs. Corum
Dr. Holyk
Mr. Reid
Mayor Powell
Mr. Oberbeck
aye
aye
aye
aye
absent
MOTION CARRIED 4-0 (Oberbeck - absent).
U.S. Fish and Wildlife - Request to Close Yacht
Club Parking Lot and Bo~t RamR - March 14, 1993
(City Manager Recommendation dated 2/5/93, USFW
Letter dated 2/2/93)
MOTION by Holyk/Corum
I would move that we approve the request of the
U.S. Fish and Wildlife Service to close the Yacht
Club and the boat ramp for March 14, 1993.
ROLL CALL:
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck absent
Mrs. Corum aye
MOTION CARRIED 4-0 (Oberbeck - absent).
RESOLUTION NO. R-93-08 - Designating City of
Sebastian as "Home of Pellcan Island" - Sponsored
by Councilmember Reid (R-93-08)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DECLARING THE CITY OF SEBASTIAN AS
"HOME OF PELICAN ISLAND"; AUTHORIZING AND DIRECTING
THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS
RESOLUTION TO THE U.S FISH AND WILDLIFE SERVICE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
The city Attorney read Resolution No. R-93-08 by
title only.
Dr. Holyk stressed that adoption of the resolution
not be misconstrued to be support for the expansion
of the wildlife refuge area.
MOTION by Reid/Oberbeck
I would move that we adopt Resolution No.
R-93-08.
13
Regular city Council Meeting
February 10, 1993
Page Fourteen
93.069
93.070
17.
ROLL CALL:
Mr. Reid
Mayor Powell
Mr. Oberbeck
Mrs. Corum
Dr. Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
Carlin J__. Parker - Code Re: Commercial Trailers
i_~n Residential Zones (Parker Letter dated
1/27/93)
Carlin Parker, Sebastian, presented his request to
City Council to amend the code to allow him to park a
lawn maintenance utility trailer at his residence.
Discussion took place on allowing commercial utility
trailers to be parked at residences if they are
screened from sight and the Director of Community
Development recommended that residents with home
occupational licenses be given the same consideration
if the code is amended.
The City Attorney said he will not prosecute any
cases on behalf of Code Enforcement involving one
trailer until such time as this issue is resolved.
Staff was directed to draft language and bring it
back to a workshop.
Mayor Powell called recess at 9:58 p.m. and
reconvened the meeting at 10:04 p.m. Ail members
were present.
Ron Harsh_- United Media Concepts - Proposal to
Videotape City Council Meetings (city Manager
Recommendation dated 2/5/93, Harsh Letter dated
2/4/93)
Ron Harsh, United Media Concepts, Inc., presented his
proposal to City Council for a ninety day trial
sponsorship from the City to videotape City Council
meetings in the amount of $450.00 per month.
14
Regular City Council Meeting
February 10, 1993
Page Fifteen
City Council discussion followed.
MOTION by Oberbeck/Powell
I would move to deny the request.
TAPE II - SIDE ii
The City Manager suggested that City Council
establish a policy for receipt of proposals of this
type and recommended that staff be directed to follow
proper procedures to procure services in accordance
with Section 3-63 of the Code of Ordinances.
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk nay
Mr. Reid nay
MOTION 3-2 (Holyk, Reid - nay).
18.
Being no further business, Mayor Powell adjourned the
meeting at 10:30 p.m.
1993, City Council ~~ .
City Clerk
15