HomeMy WebLinkAbout02121992 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 12, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225!MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND'INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Henk Toussaint - St. Sebastian
Catholic Church
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
92.033
Present Plaque and Certificate of Appreciation to
Gerald Carey, Former Construction Board Chairman
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
92.010
91.338
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.
ae
ORDINANCE NO. 0-91-21 -Airport Zoning
Regulations
1ST PUBLIC HEARING - 2ND PUBLIC HEARING 2/26/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE V, SECTION 20A-5.15
OF THE LAND DEVELOPMENT CODE OF THE CiTY OF
SEBASTIAN, RELATING TO AIRPORT HAZARDS AND USES OF
LAND IN AIRPORT VICINITIES; PROVIDING REGULATIONS
RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH IN AND AROUND THE SEBASTIAN MUNICIPAL
AIRPORT; PROVIDING FOR REGULATIONS RESTRICTING
AIRPORT LAND USE; PROHIBITING RESIDENTIAL
CONSTRUCTION WITHIN NOISE IMPACTED AREAS IN PROXIMITY
OF THE AIRPORT; PROVIDING PROCEDURES FOR GRANTING
VARIANCES; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Review 1/8/92, 1st
Reading 1/22/92, Advertised 1/4 Page 2/5/92, 1st
Public Hearing 2/12/92)
ORDINANCE NO. 0-92-01 -Childcare Facility
Outside Recreation Area Size Requirement
1ST PUBLIC HEARING - 2ND PUBLIC HEARING 2/26/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VI OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING
TO CONDITIONAL USE CRITERIA FOR CHILD CARE
FACILITIES; AMENDING SECTION 20A-6.1.C.3.b.(6) OF THE
LAND DEVELOPMENT CODE PERTAINING TO THE MINIMUM
FENCED AREA THAT MUST BE AVAILABLE FOR USEABLE
OUTDOOR RECREATION PURPOSES AT A CHILD CARE FACILITY;
PROVDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. (lst Reading 1/22/92,
Advertised 1/4 Page 2/5/92, 1st Public Hearing
2/12/92)
2
92.027
92.042
92.048
92.049
92.050
92.051
ORDINANCE NO. 0-92-02 - New Year's Day -
Alcoholic Beverage - Hours of Sale
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ALCOHOLIC BEVERAGES;
AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN; AMENDING. SECTION 4-2 TO EXPAND THE
HOURS OF SALE OF ALCOHOLIC BEVERAGES PERMITTED ON NEW
YEAR'S DAY; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES HEREWITH; PROVDING FOR INCLUSION
IN THE CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 1/22/92, Advertised 1/29/92, Public
Hearing and Adoption 2/12/92)
8. PUBLIC INPUT ON AGENDA ITEMS
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 - 1/22/92 Regular Meeting,
2/5/92 Workshop
Shade Hangar - Approve Placement at J & S
Aviation (Staff Recommendation dated 2/6/92)
Schumann Park Playground - Purchase Slide - Waive
Bidding Procedure - Dominica Recreation - 84,800
(Staff Recommendation dated 2/5/92, City Engineer
Memo dated 2/4/92)
Police Station Generator Bid Award - Cummins
Southeastern Power, Inc. - 832,684 (Staff
Recommendation dated 2/5/92, Bid Tabulation)
Ee
Community Development Department - Waive Bidding
Procedure - Purchase of Computer Hardware and
Software for Concurrency Management Tie-In (Staff
Recommendation dated 1/29/92, Third Party
Agreement)
Craft Club of Sebastian - Request to Use
Riverview Park - 4/4/92 (Raindate 4/5/92) and
5/2/92 (Ratndate 5/3/92) In Accordance with
Standard Conditions (City Clerk Recommendation
dated 2/5/92, Caron Letter dated 2/3/92)
3
92.052
92.053
91.235
92.054
92.055
91.329
92.029
Pelican Island Jaycees - Request Use of Riverview
Park with Standard Conditions - Boat Show -
4/25/92 and 4/26/92 (Staff Recommendation dated
2/6/92, Lyons Letter dated 2/5/92)
Ercildoune Youth Bowlers - Request Use of
Community Center - Dance - 3/28/92 - 8 p.m. to
12:00 p.m. - A/B - Mary LOu Long Permittee - DOB
9/4/47 (Application)
10. PRESENTATIONS
11.
Mr. John Rossi, PGA - Task 2 - Proposed Golf
Facility Market Analysis (Staff Recommendation
dated 1/30/92, PGA Report dated 1/10/92)
MS. Marilyn Switchkow, CPA - Hoyman, Dobson & Co.
- Fiscal 1991 Audit Report (Audit Report Under
Separate Cover)
MAYOR'S MATTERS
Proposed Shooting and Destination Range (Conyers
Letter dated 1/27/92, Olberman Proposal, Map, PJ
Article)
12. COUNCIL MATTERS
13.
14.
15.
16.
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
Point-O-Woods Subdivision Disincorporation -
Feasibility Study (Deferred from 1/22/92 Regular
Meeting)(Staff Recommendation dated 1/31/92,
Ordinance No. 0,81-15A)
Claim of Wages by C. Raymond Ladd (Staff
Recommendation dated 2/4/92, Council Minutes
4/26/85, personnel Action Memos dated 5/2/85,
1/20/86 and 1/23/86, Harris Letter dated 7/22/87,
Excerpts of GC Financials)
4
92.056/
91.334
92.024
17.
92.057
92.058/
91.342
92.059
92.060
92.061/
91.304
City Hall Renovations - Finance Department -
Authorize Staff to Proceed as General Contractor
(Staff Recommendation dated 2/6/92, Drawings
Under Separate Cover)
D. Laconia Street Improvements - Status Report
NEW BUSINESS
Ken Chapen Request to Plant Trees in Jackson
Street Right-Of-Way (Staff Recommendation dated
2/6/92, Chapen Letter dated 1/30/92)
GDC Settlement Agreement - Purchase Title
Insurance - $6,875 (City Manager Recommendation
dated 2/5/92, Torpy Letter dated 1/29/92,
Settlement Agreement Summary)
Golf Course Pro Shop Renovation Design Services
(Staff Recommendation dated 2/4/92, Jones Letter
dated 1/22/92, Brodie Letter dated 1/31/91)
Police Station Radio Tower - Purchase and Install
150' Rohn 25G Communications Tower -
Communications International, Inc. - $10,953.86
(Staff Recommendation dated 2/5/92, Chief of
Police Memo .dated 1/27/92, Proposals dated
1/22/92)
RESOLUTION NO. R-92-08 - Authorizing Issuance of
Golf Course Revenue Refunding Bonds (Staff
Recommendation dated 2/6/92, Resolution Under
Separate Cover)
A RESOLUTION AUTHORIZING THE ISSUANCE BY THE CITY OF
SEBASTIAN, FLORIDA OF NOT EXCEEDING $2,230,000 IN
AGGREGATE PRINCIPAL AMOUNT OF GOLF COURSE REVENUE
REFUNDING BONDS, SERIES 1992, TO FINANCE THE COST OF
REFUNDING CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY;
PLEDGING THE GROSS REVENUES OF THE GOLF FACILITIES AND
CERTAIN OTHER DESIGNATED REVENUES TO SECURE PAYMENT OF
THE PRINCIPAL OF AND INTEREST ON SAID BONDS; PROVIDING
FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS; AND
PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION.
5
92.062/
91.304
Fe
RESOLUTION NO. R-92-11 - Supplementing Resolution
No. R-92-11 - Issuance of Golf Course Revenue
Refunding Bonds - Certain Covenants and
Agreements (See Above Recommendation, Resolution
and Other Documents Under Separate Cover)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, SUPPLEMENTING RESOLUTION NO. R-92-08
OF THE CITY; AUTHORIZING THE ISSUANCE OF $
IN AGGREGATE PRINCIPAL AMOUNT OF GOLF COURSE REVENUE
REFUNDING BONDS, SERIES 1992, IN ORDER TO REFUND A
PORTION OF THE CITY'S GOLF COURSE REVENUE BONDS, SERIES
1985 AND TO FINANCE CERTAIN CAPITAL IMPROVEMENTS TO THE
CITY'S GOLF COURSE FACILITIES; MAKING CERTAIN OTHER
COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE
OF SUCH BONDS; PROVIDING CERTAIN TERMS AND DETAILS OF
SUCH BONDS, INCLUDING AUTHORIZING A NEGOTIATED SALE OF
SAID BONDS AND THE EXECUTION AND DELIVERY OF A BOND
PURCHASE CONTRACT WITH RESPECT THERETO; APPOINTING THE
PAYING AGENT AND REGISTRAR WITH RESPECT TO SAID BONDS;
AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL
STATEMENT WITH RESPECT THERETO; AUTHORIZING THE
EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
92.063
G. ORDINANCE NO. O-91-03 - Police Pension Plan
1st Reading, Set Public Hearing 3/11/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VI OF CHAPTER 2 OF THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING
TO THE POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING A
DEFINITION OF FULL TIME FOR THE PURPOSES OF DETERMINING
ELIGIBILITY; PROVIDING A NEW DEFINITION OF MEMBERS'
CONTRIBUTIONS; PROVIDING THAT DISTRIBUTIONS TO EACH
MEMBER SHALL NOT COMMENCE LATER THAN THE MEMBER'S
REQUIRED BEGINNING DATE; PROVIDING REGULATIONS GOVERNING
DISTRIBUTIONS UPON THE DEATH OF A MEMBER; PROVIDING
LIMITATIONS WITH RESPECT TO INCIDENTAL DEATH BENEFITS
PAYABLE UNDER THE SYSTEM; PROVIDING LIMITATIONS ON
ANNUAL BENEFITS PAYABLE UNDER THE SYSTEM; CLARIFYING
WHAT CONSTITUTES MEMBER CONTRIBUTIONS UNDER THE SYSTEM;
PROVIDING THAT NO PART OF THE CORPUS OR INCOME OF THE
FUND MAINTAINED UNDER THE SYSTEM MAY BE USED FOR OR
DIVERTED TO PURPOSES OTHER THAN FOR THE EXCLUSIVE
BENEFIT OF MEMBERS AND THEIR BENEFICIARIES; PROVIDING
LIMITATIONS ON BENEFITS PAYABLE UNDER THE SYSTEM ON
EARLY TERMINATION OF THE SYSTEM; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
6
92.064/
91.043
ORDINANCE NO. 0-92-04 - Repealing Ordinance No.
O-91-31 - Charter RevisiOn Re: Elections
1st Reading, Set Public Hearing 2/26/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REVOKING AND REPEALING ORDINANCE NO.
O-91-31; DIRECTING THAT THE REFERENDUM QUESTION
ESTABLISHED BY ORDINANCE NO. O-91-31 NOT BE PLACED ON
THE BALLOT; AND PROVIDING AN EFFECTIVE DATE.
18.
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. 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.)
2/12/92 PUBLIC HEARING SIGNUP SHEET
92.027 C.
ORDINANCE NO. 0-92-02 - New Year's Day -
Alcoholic Beverage - Hours of Sale
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ALCOHOLIC BEVERAGES;
AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CiTY OF
SEBASTIAN; AMENDING SECTION 4-2 TO EXPAND THE HOURS OF SALE
OF ALCOHOLIC BEVERAGES PERMITTED ON NEW YEAR'S DAY;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES
HEREWITH; PROVDING FOR INCLUSION IN THE CODE OF ORDINANCES;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 1/22/92, Advertised 1/29/92, Public
Hearing and AdoptioD 2/12/92)
NAME:
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2/12/92 PUBLIC HEARING SIGNUP SHEET
91.338 B.
ORDINANCE NO. O-92-01 - Childcare Facility
Outside Recreation Area Size Requirement
1ST PUBLIC HEARING - 2ND PUBLIC HEARING 2/26/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VI OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN PERTAINING TO CONDITIONAL USE
CRITERIA FOR CHILD CARE FACILITIES; AMENDING SECTION 20A-
6.1.C.3.b.(6) OF THE LAND DEVELOPMENT CODE PERTAINING TO THE
MINIMUM FENCED AREA THAT MUST BE AVAILABLE FOR USEABLE
OUTDOOR RECREATION PURPOSES AT A CHILD CARE FACILITY;
PROVDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (lst
Reading 1/22/92, Advertised 1/4 Page 2/5/92, 1st Public
Hearing 2/12/92)
INFORM~T ION:
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2/12/92 PUBLIC HEARING SIGNUP SHEET
92.010
ORDINANCE NO. 0-91-21 - Airport Zoning
Regulations
1ST PUBLIC HEARING - 2ND PUBLIC HEARING 2/26/92
NAME:
ADDRESS:
FOR:
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING ARTICLE V, SECTION 20A-5.15 OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, RELATING TO
AIRPORT HAZARDS AND USES OF LAND IN AIRPORT VICINITIES;
PROVIDING REGULATIONS RESTRICTING THE HEIGHT OF STRUCTURES
AND OBJECTS OF NATURAL GROWTH IN AND AROUND THE SEBASTIAN
MUNICIPAL AIRPORT; PROVIDING FOR REGULATIONS RESTRICTING
AIRPORT LAND USE; PROHIBITING RESIDENTIAL CONSTRUCTION
WITHIN NOISE iMPACTED AREAS IN PROXIMITY OF THE AIRPORT;
PROVIDING PROCEDURES FOR GRANTING VARIANCES; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (Review 1/8/92, 1st
Reading 1/22/92, Advertised 1/4 Page 2/5/92, 1st
Public Hearing 2/12/9~.
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FEBRUARY 12, 1992 REGULAR COUNCIL MEETING
PUBLIC INPUT ON AGENDA ITEMS
SIGNUP SHEET
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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 12, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND iNFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Mayor Conyers called the meeting to order at 7:00
p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend Henk Toussaint, St.
Sebastian Catholic Church.
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Peter Holyk
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman George Reid
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Finance Director, Mike Hudkins
Chief of Police, Earle Petty
Golf Course Manager, Jim
DeLarme
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
February 12, 1992
Page Two
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).
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
92.033
Present Plaque and Certificate of Appreciation to
Gerald Carey, Former Construction Board Chairman
Mayor Conyers presented a certificate of
appreciation and plaque to former Construction Board
chairman, Gerald Carey.
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
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.
92.010
ORDINANCE NO. O-91-21 - Airport Zoning
Regulations
1ST PUBLIC HEARING - 2ND PUBLIC HEARING 2/26/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE V, SECTION 20A-5.15
OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN, RELATING TO AIRPORT HAZARDS AND USES OF
LAND IN AIRPORT VICINITIES; PROVIDING REGULATIONS
RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH IN AND AROUND THE SEBASTIAN MUNICIPAL
AIRPORT; PROVIDING FOR REGULATIONS RESTRICTING
AIRPORT LAND USE; PROHIBITING RESIDENTIAL
CONSTRUCTION WITHIN NOISE IMPACTED AREAS IN PROXIMITY
OF THE AIRPORT; PROVIDING PROCEDURES FOR GRANTING
Regular City Council Meeting
February 12, 1992
Page Four
91.338
B. ORDINANCE NO. O-92-01 - Childcare Facility
Outside Recreation Area Size Requirement
1ST PUBLIC HEARING - 2ND PUBLIC HEARING 2/26/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VI OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING
TO CONDITIONAL USE CRITERIA FOR CHILD CARE
FACILITIES; AMENDING SECTION 20A-6.1.C.3.b.(6) OF THE
LAND DEVELOPMENT CODE PERTAINING TO THE MINIMUM
FENCED AREA THAT MUST BE AVAILABLE FOR USEABLE
OUTDOOR RECREATION PURPOSES AT A CHILD CARE FACILITY;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. (lst Reading 1/22/92,
Advertised 1/4 Page 2/5/92, 1st Public Hearing
2/12/92)
Mayor Conyers opened the public hearing at 7:14 p.m.
The City Attorney read Ordinance No. O-92-01 by title
only.
Chet Tokar, 111Hinchman Avenue, Sebastian, was
opposed to the ordinance.
Marlene Andrews, chose not to speak at this time.
John Dean, 2223 10th Avenue, Vero Beach, supported
the ordinance and stated for the record that Vero
Beach, Ft. Pierce and Indian River County use HRS
standards.
Debi Tuck, 101st Court, Vero Beach, read a letter
of support into the record on behalf of Joanne
Steward (see attached).
A1Vilardt, 445 Georgia Boulevard, Sebastian, Carolyn
Corum, 881 Delores Street, Sebastian, and Shirley
Kilkelly, Sebastian, were opposed to the ordinance.
Marlene Andrews requested to speak at this time and
the City Attorney advised that people cannot choose
the time they wish to speak. Discussion followed on
proper procedures.
4
Regular City Council Meeting
February 12, 1992
Page Five
Mayor Conyers said that although he had allowed it up
to this time, in accordance with proper procedures,
people will not be recognized if they have not signed
the input sheet.
Mayor Conyers closed the public hearing at 7:43 p.m.
MOTION by Powell/Holyk
I move we approve the first public hearing on
Ordinance No. 0-92-01 and set the second public
hearing for 2/26/92.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
nay
aye
aye
aye
92.027
MOTION CARRIED 4-1 (Oberbeck - nay)
C. ORDINANCE NO. 0-92-02 - New Year's Day -
Alcoholic Beverage - Hours of Sale
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ALCOHOLIC BEVERAGES;
AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN; AMENDING SECTION 4-2 TO EXPAND THE
HOURS OF SALE OF ALCOHOLIC BEVERAGES PERMITTED ON NEW
YEAR'S DAY; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES HEREWITH; PROVIDING FOR INCLUSION
IN THE CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 1/22/92, Advertised 1/29/92, Public
Hearing and Adoption 2/12/92)
Mayor Conyers opened the public hearing at 7:44 p.m.
The City Attorney read Ordinance No. 0-92-02 by title
only.
TAPE I - SIDE II
Rochelle Norman, 786 94th Court, Veto Beach,
MADD, Robert Von Buelow, 7945 97th Avenue, Veto
Beach, MADD, and Chet Tokar, 111Hinchman Avenue,
Sebastian, were opposed to the ordinance.
5
Regular City Council MeetinG
February 12, 1992
Page Six
92.042
A discussion followed regarding means to alleviate
the problem of drinkinG and driving and the consensus
was that regulating hours was not the way.
Mayor Conyers closed the public hearing at 8:04 p.m.
MOTION by Oberbeck/Holyk
I move to adopt Ordinance No. 0-92-02.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
MOTION CARRIED 5-0.
aye
aye
aye
aye
aye
Mayor Conyers called recess at 8:05 p.m. and
reconvened the meeting at 8:18 p.m. Ail members were
present.
8. PUBLIC INPUT ON AGENDA ITEMS
A1Vilardi, 445 Georgia Boulevard, Sebastian,
objected to planting trees in right-of-way, and
questioned whether hours in the police pension
ordinance included vacation and sick time.
Carolyn Corum, 881 Delores Street, Sebastian,
recommended that old playground equipment be
repaired. She was invited to view it at the public
works compound.
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 - 1/22/92 Regular Meeting,
2/5/92 Workshop
Shade Hangar - Approve Placement at j & S
Aviation (Staff Recommendation dated 2/6/92)
6
Regular City Council Meeting
February 12, 1992
Page Seven
92.048 C.
92.049 D.
92.050 E.
92.051 F.
92.052 G.
92.053 H.
Schumann Park Playground - Purchase Slide - Waive
Bidding Procedure - Dominica Recreation - $4,800
(Staff Recommendation dated 2/5/92, City Engineer
Memo dated 2/4/92)
Police Station Generator Bid Award - Cummins
Southeastern Power, Inc. - 832,684 (Staff
Recommendation dated 2/5/92, Bid Tabulation)
Community Development Department - Waive Bidding
Procedure - Purchase of Computer Hardware and
Software for Concurrency Management Tie-In (Staff
Recommendation dated 1/29/92, Third Party
Agreement)
Craft Club of Sebastian - Request to Use
Riverview Park - 4/4/92 (Raindate 4/5/92) and
5/2/92 (Raindate 5/3/92) In Accordance with
Standard Conditions (City Clerk Recommendation
dated 2/5/92, Caron Letter dated 2/3/92)
Pelican Island Jaycees - Request Use of Riverview
Park with Standard Conditions - Boat Show -
4/25/92 and 4/26/92 (Staff Recommendation dated
2/6/92, Lyons Letter dated 2/5/92)
Ercildoune Youth Bowlers - Request Use of
Community Center - Dance - 3/28/92 - 8 p.m. to
12:00 p.m. - A/B - Mary Lou Long Permittee - DOB
9/4/47 (Application)
Mayor Conyers removed items C and E; Councilman Reid
and Councilman Holyk removed item A; and Vice Mayor
Oberbeck removed items C and D.
MOTION by Oberbeck/Powell
I move to approve items B, F, G and H.
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
7
Regular City Council Meeting
February 12, 1992
Page Eight
Item A
Councilman Reid noted an error in the vote on item
92.047 on page 11 of the February 5, 1992 minutes.
Motion "failed" not "carried".
MOTION by Holyk/Reid
I move that we approve item A, approval of the
minutes 1/22/92 Regular Meeting, 2/5/92 Workshop with
the correction as stated.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Item C
Mayor Conyers expressed concern for waiver of bids.
Vice Mayor Oberbeck questioned who would be
installing the equipment, and if the city or someone
else does it, what happens to the vendors liability
coverage.
MOTION by Oberbeck/Powell
I move to withdraw item C of the consent agenda
until such time as the questions raised are answered
and its brought back to Council.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
nay
MOTION CARRIED 4-1 (Reid - nay)
Item D
Councilman Holyk questioned whether there were funds
budgeted for a generator. The City Manager said that
dollars will come from capital improvements funds
made available by deferring certain capital
improvements projects such as Barber Street Sports
Regular City Council Meeting
February 12, 1992
Page Ten
MOTION by Oberbeck/Holyk
I move to accept task 2 and authorize the PGA to
move onto task 3.
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
92.054
Ms. Marilyn Switchkow, CPA - Hoyman, Dobson & Co.
- Fiscal 1991 Audit Report (Audit Report Under
~eparate Cover)
Tom Kirk, Hoyman, DObson & Co., presented the audit
report.
11. MAYOR'S MATTERS
Mayor Conyers said he'd like to revisit city employee
insurance and the Elkcam Dam issue.
92.055
Proposed Shooting and Destination Range (Conyers
Letter dated 1/27/92, Olberman Proposal, Map, PJ
Article) --
Mayor Conyers presented a proposal for a north county
shooting range and a brief discussion followed.
MOTION by Reid/Powell
I move that the Council adopt a resolution in
support of building such a firing range on the Coraci
property.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Vice Mayor Oberbeck was excused from 9:11 p.m. to
9:12 p.m.
10
Regular City Council Meeting
February 12, 1992
Page Nine
91.235
Complex. He said there will be additional electrical
service charges for tie-in.
MOTION by Oberbeck/Holyk
I move to approve item D of the consent agenda.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Item E
Mayor Conyers reiterated his concern for waiving
bids.
The Director of Community Development said this was
bid, however, none were received at that time.
MOTION by Conyers/Oberbeck
I move to accept item E of the consent agenda.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
MOTION CARRIED 5-0.
10. PRESENTATIONS
Mr. John Rossi, PGA - Task 2 - Proposed Golf
Facility Market Analysis (Staff Recommendation
dated 1/30/92, PGA Report dated 1/10/92)
John Rossi presented the Task 2 Report on proposed
Golf Course expansion and a Council discussion
ensued. The City Manager said, since excluded from
the PGA proposal, it is his intent to solicit a
proposal from the original Golf Course architect to
prepare construction estimates.
TAPE II - SIDE
Regular City Council Meeting
February 12, 1992
Page Eleven
12.
13.
COUNCIL MATTERS
A. Vice Mayor Oberbeck
Vice Mayor Oberbeck inquired as to the status of FPL
lines on Laconia. The City Manager said he'd report
under his matters.
B. Councilman Holyk
Councilman Holyk requested that a reference to his
absence from the September 11, 1991 Transportation
Planning Committee Meeting be looked into by the City
Clerk for correction since he was not made aware of
the meeting; and noted that a Press Journal survey
shows that people perceive bickering among Council
members as a problem and that rules of order prevent
bickering.
C. Councilman Powell
None.
D. Councilman Reid
Councilman Reid said perhaps the city needs more golf
course and less airport.
Vice Mayor Oberbeck suggested that someone on staff
attend the seminar being giVen by Florida Atlantic
University relative to utilities.
CITY ATTORNEY MATTERS
The City Attorney expressed his apprecation to the
city's auditors and bond counsel.
14. CITY MANAGER MATTERS
The City Manager scheduled a CWA executive caucus for
February 18, 1992 at 9:30 a.m. with the concurrence
of Council; announced the pre-election staff briefing
for candidates on February 19 and 21, 1992; explained
procedures generated by the withdrawal of City
Council candidates Stanley Krulikowski and Ken Roth
and stated that additional election costs will be
incurred.
TAPE Ii - SIDE II
11
Regular City Council Meeting
February 12, 1992
Page Twelve
91.329
92.029
The City Manager presented an alternative avenue for
FPL lines on Laconia for City Council consideration
and recommendation at the next regular meeting.
15. COMMITTEE REPORTS/RECOMMENDATiONS
None.
16. OLD BUSINESS
Point-O-Woods Subdivision Disincorporation -
Feasibility ~ (Deferred from 1/22/92 Regular
Meeting)(Staff Recommendation dated 1/31/92,
Ordinance No. O-81-15A)
The City Manager said the city is unable to grant the
disincorporation under state criteria and that he has
offered to meet with the property owners.
MOTION by Holyk/Oberbeck
I move that the City Council deny the request of
Point-O-Woods Subdivision for disincorporation.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Claim o_~f Wages by C~. Raymond Ladd (Staff
Recommendation dated 2/4/92, Council Minutes
4/26/85, Personnel Action Memos dated 5/2/85,
1/20/86 and 1/23/86, Harris Letter dated 7/22/87,
Excerpts of GC Financials)
The Finance Director recommended that Mr. Ladd's
claim of wages be rejected based on records presented
(as listed above).
MOTION by Holyk/Oberbeck
Based on the information given I have to deny the
claim of wages by Mr. Ladd.
12
Regular City Council Meeting
February 12, 1992
Page Thirteen
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
The City Attorney stated, given the time frame, there
was also a statute of limitations question.
92.056/
91.334
~ Hall Renovations - Finance Department -
Authorize Staff to Proceed as General Contractor
(Staff Recommendation dated 2/6/92, Drawings
Under Separate Cover)
Councilman Powell was excused from 9:55 p.m. to 9:56
p.m.
Vice Mayor Oberbeck recommended going out to bid.
MOTION by Powell/Holyk
I move to authorize staff to proceed as general
contractor on Finance Department renovation.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
92.024
Laconia Street Improvements L Status Report
The Director of Community Development stated that
staff had reached a verbal agreement with Wayne Olson
of Chase Bank for placement on the February 26, 1992
agenda.
17. NEW BUSINESS
92.057
ae
Ken Chapen Request to Plant Trees in Jackson
Street Right-Of-Way (Staff Recommendation dated
2/6/92, Chapen Letter dated 1/30/92)
Discussion took place on placement of items in City
right-of-way. The City Attorney stated that
circumstances are different in this case than in
previous requests.
13
Regular City Council Meeting
February 12, 1992
Page Fourteen
The Director of Community Development said he would
work with the contractor to move the trees as far
from the curb as possible.
MOTION by Oberbeck to deny the request died for lack
of a second.
MOTION by Holyk/Powell
"I would move that Mr. Chapen be urged to make every
conceivable effort to keep those trees out of the
right-of-way or as close to out of the right-of-way
as can be possibly be humanly done."
Councilman Holyk, upon questioning by the Director of
Community Development, said he preferred that the
post and rope be omitted from the right-of-way,
therefore he was omitting that from his motion.
The City Attorney summarized the motion as follows:
"tO approve the request for placement of the trees in
the right-of-way, and trees only, so long as they are
located as close to the property boundary as possible
but that is conditioned upon the trees not being able to
actually be located on the property". Councilman
Holyk and Councilman Powell concurred with the intent.
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
nay
MOTION CARRIED 4-1 (Oberbeck - nay)
92.058/
91.342
GDC Settlement Agreement - Purchase Title
Insurance_- $6,875 (City Manager Recommendation
dated 2/5/92, Torpy Letter dated 1/29/92,
Settlement Agreement Summary)
George Metcalf, 425 Pine Street, Sebastian,
addressed Council on this matter.
TAPE IIi - SIDE I
MOTION by Holyk/Reid
I would move that we approve the purchase of
title insurance for the GDC settlement agreement
in the amount of $6875.
14
Regular City Council Meeting
February 12, 1992
Page Fifteen
92.059
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Councilman Reid requested consideration of Ordinance
No. 0-92-04 at this time, and the City Attorney
requested consideration of Resolution NOS. R-92-08
and R-92-11.
MOTION by Oberbeck/Holyk
"In light of the hour and the importance of
completing the following items, i would ask let's
take a five minute break then come back for a half
hour and complete the business at hand, it gets a
little uncomfortable up here and the kidneys kind of
Dive you a little trouble, its good to get a five
minute break and then extend the meeting for a half
hour so we can complete these items because they are
so urgent, that's my motion".
VOICE VOTE on the motion carried 5-0.
Mayor Conyers called recess at 10:30 p.m. and
reconvened the meeting at 10:34 p.m. All members
were present.
Golf Course Pro Shop Renovation Design Services
(Staff Recommendation dated 2/4/92, Jones Letter
dated 1/22/92, Brodie Letter dated 1/31/91)
MOTION by Oberbeck/Powell
I would move that we go ahead and accept the
proposal from Village Architects for the design
services to renovate the pro shop.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
15
Regular City Council Meeting
February 12, 1992
Page Sixteen
92.060 D.
Police Station Radio Tower - Purchase and Install
150' Rohn 25G Communications Tower -
Communications International, Inc. - $10,953.86
(Staff Recommendation dated 2/5/92, Chief of
Police Memo dated 1/27/92, Proposals dated
1/22/92)
MOTION by Oberbeck/Holyk
I would move that we grant the waiver of bidding
procedure and authorize the purchase and installation
of the new tower from Communications International
for $10,953.86.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Chief Petty said he must file forms with FAA for
its approval of the tower.
92.061/
91.304
RESOLUTION NO. R-92-08 - Authorizing Issuance of
Golf Course Revenue Refunding Bonds (Staff
Recommendation dated 2/6/92, Resolution Under
Separate Cover)
A RESOLUTION AUTHORIZING THE ISSUANCE BY THE CITY OF
SEBASTIAN, FLORIDA OF NOT EXCEEDING $2,245,000 IN
AGGREGATE PRINCIPAL AMOUNT OF GOLF COURSE REVENUE
REFUNDING BONDS, SERIES 1992, TO FINANCE THE COST OF
REFUNDING CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY;
PLEDGING THE GROSS REVENUES OF THE GOLF FACILITIES AND
CERTAIN OTHER DESIGNATED REVENUES TO SECURE PAYMENT OF
THE PRINCIPAL OF AND INTEREST ON SAID BONDS; PROVIDING
FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS; AND
PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION.
(The title of this resolution originally reflected a
figure of $2,230,000 and was changed to $2,245,000
prior to this meeting)
The City Attorney read Resolution No. R-92-08 by
title only.
MOTION by Oberbeck/Holyk
I move that we go ahead and approve the
resolution R-92-08.
16
Regular City Council Meeting
February 12, 1992
Page Seventeen
92.062/
91.304
Peter Baumgartner, Barnett Securities, and Mark
Mustian, Nabors, Giblin and Nickerson, bond counsel,
explained that if you issue more bonds it gives you a
lower interest rate and you actually pay less.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Fe
RESOLUTION NO. R-92-11 - Supplementing Resolution
No. R-92-11 - Issuance of Golf Course Revenue
Refunding Bonds - Certain Covenants and
Agreements (See Above Recommendation, Resolution
and Other Documents Under Separate Cover)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, SUPPLEMENTING RESOLUTION NO. R-92-08
OF THE CITY; AUTHORIZING THE ISSUANCE OF $ 2,245,000
IN AGGREGATE PRINCIPAL AMOUNT OF GOLF COURSE REVENUE
REFUNDING BONDS, SERIES 1992, IN ORDER TO REFUND A
PORTION OF THE CITY'S GOLF COURSE REVENUE BONDS, SERIES
1985 AND TO FINANCE CERTAIN CAPITAL IMPROVEMENTS TO THE
CITY'S GOLF COURSE FACILITIES; MAKING CERTAIN OTHER
COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE
OF SUCH BONDS; PROVIDING CERTAIN TERMS AND DETAILS OF
SUCH BONDS, INCLUDING AUTHORIZING A NEGOTIATED SALE OF
SAID BONDS AND THE EXECUTION AND DELIVERY OF A BOND
PURCHASE CONTRACT WITH RESPECT THERETO; APPOINTING THE
PAYING AGENT AND REGISTRAR WiTH RESPECT TO SAID BONDS;
AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL
STATEMENT WITH RESPECT THERETO; AUTHORIZING THE
EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-92-11 by
title only.
MOTION by Holyk/Oberbeck
I move that we adopt Resolution No. R-92-11.
17
Regular City Council Meeting
February 12, 1992
Page Eighteen
92.063
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
G. ORDINANCE NO. 0-92-03 - Police Pension Plan
1st Reading, Set Public Hearing 3/11/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VI OF CHAPTER 2 OF THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING
TO THE POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING A
DEFINITION OF FULL TIME FOR THE PURPOSES OF DETERMINING
ELIGIBILITY; PROVIDING A NEW DEFINITION OF MEMBERS'
CONTRIBUTIONS; PROVIDING THAT DISTRIBUTIONS TO EACH
MEMBER SHALL NOT COMMENCE LATER THAN THE MEMBER'S
REQUIRED BEGINNING DATE; PROVIDING REGULATIONS GOVERNING
DISTRIBUTIONS UPON THE DEATH OF A MEMBER; PROVIDING
LIMITATIONS WITH RESPECT TO INCIDENTAL DEATH BENEFITS
PAYABLE UNDER THE SYSTEM; PROVIDING LIMITATIONS ON
ANNUAL BENEFITS PAYABLE UNDER THE SYSTEM; CLARIFYING
WHAT CONSTITUTES MEMBER CONTRIBUTIONS UNDER THE SYSTEM;
PROVIDING THAT NO PART OF THE CORPUS OR INCOME OF THE
FUND MAINTAINED UNDER THE SYSTEM MAY BE USED FOR OR
DIVERTED TO PURPOSES OTHER THAN FOR THE EXCLUSIVE
BENEFIT OF MEMBERS AND THEIR BENEFICIARIES; PROVIDING
LIMITATIONS ON BENEFITS PAYABLE UNDER THE SYSTEM ON
EARLY TERMINATION OF THE SYSTEM; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-92-03 by title
only.
MOTION by Holyk/Oberbeck
I would move that we accept the first reading of
Ordinance 0-92-03 and set the public hearing for
3/11/92.
18
Regular City Council Meeting
February 12, 1992
Page Nineteen
92.064/
91.043
18.
19.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
MOTION CARRIED 5-0.
ORDINANCE NO. 0-92-04 - Repealing Ordinance No.
0-91-31 - Charter Revision Re: Elections
1st Reading, Set Public Hearing 2/26/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REVOKING AND REPEALING ORDINANCE NO.
0-91-31; DIRECTING THAT THE REFERENDUM QUESTION
ESTABLISHED BY ORDINANCE NO. O-91-31 NOT BE PLACED ON
THE BALLOT; AND PROVIDING AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-92-04 by title
only.
Councilman Reid said the severability clause in
Ordinance No. 0-91-31 could have been used.
MOTION by Oberbeck/Powell
I move that we accept the first reading of
Ordinance No. 0-92-04 and set the public hearing for
2/26/92.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
nay
MOTION CARRIED 4-1 (Reid - nay)
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on t--~e Agenda - By Resoluti6n No. R-89-30
Limit of Ten Minutes for Each Speaker)
None.
Being no further business, Mayor Conyers adjourned
the meeting at 10:45 p.m.
19
Kathry~M. ,0 Halloran, City Clerk
· 1992 ~ Council Meeting.
20
Peter W. Jones, P.A.
1627 U.S. kllghway One
Sebastian, FlorlcJa 32958
4O7/388-1983
407/589-6165 FAX
AR 0013214
February 12, 1992
City Council
City of Sebastian
Sebastian, Florida
SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT
- INPUT REGARDING PROPOSED ORD. 0-91-21
Dear Council:
On behalf of the owners of Saint Sebastian Planned
Unit Development we have met with City Staff to
discuss the impact of proposed Ordinance 0-91-21.
We are concerned that adoption of this Ordinance
would have a definite impact on the Saint Sebastian
P.U.D. property and project that substantially
diminishes its economic viability. At a minimum it
would cause a significant change in the project's
conceptual development plan which is now winding
its way through the formal review process of the
Treasure Coast Regional Planning Council as a
Development of Regional Impact (DRI) and,
concurrently, through the City's own P.U.D.
approval process.
We therefore point out, for record purposes, that
the project will seek appropriate compensation for
any resulting costs or decrease in its economic
viability due to the adoption of this proposed
Ordinance. We do so because we believe there is
a less arbitrary and less restrictive way to
accomplish governmental objectives in this case.
We will, however, continue discussions with City
Staff in an effort to determine how to mitigate the
impact of the Ordinance on the Saint Sebastian
property and project. We will also continue to be
supportive of any outcome that serves the best
interests of the City and the surrounding area
without undue threat or cost to the project.
eDEVE LOPMENT
PLANNING
ARCHITECTURE
URBAN DESIGN
Sincerely and on behalf of,
SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT
~~J%one~,~ct Planner
W/ Attachments
February i!t2, 1992
City Council
Sebastian, Fi 32958
Dear Council Members
My name is Jo-Ann Steward, I live at 765 Wentworth Street, Sebastian.
I am a full-time student at Indian River Community College, and am
unable to attend this meeting because I am in class.
It is my intentention to voice my opinion on the matter of the
square footage issue concerning the Learning Nest, this whole
process has been very disturbing. I have been to two or three
of these meetings, and have heard, from the opposition, about
other issues that do not have anything to do with the playground.
I would llke to say that as an observer for one year that children
need to be kept in sight at all times. It is a safety factor.
Too large an area would make it impossible for the teachers
to supervise these children properly. I believe it is the best
interest of our children for the required playground square footage
to be reduced. I think this is a reasonable request. Compromise
is very important, and The Learning Nest is only asking for a
compromise.
I would also like to state my objection to changing the zoning
for Day-care centers from residential to commercial that would be
a major mistake. Next we will be wanting a drive through center
where we just shove the kids out the window.
The new site for the Learning Nest is such a perfect place. What
could be better than right across the street from the Creative
Playground and the sports complex. I dont understand how anyone
could complain about noise from a day-care center compared to
constant softball and baseball games. With the center the noise
if any is at set hours, the playground and sports center are
open nights and weekends, what could be worse.
Thank you