HomeMy WebLinkAbout02221995 City of Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 22, 1995 - 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.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
CALL TO ORDER
95.038
PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Merril E. Dewey - Church of the
Nazarene
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-93-19).
PROCLAMATIONS AND/OR ANNOUNCEMENTS
ae
Presentation of Certificates of Appreciation -
Police Department Community Service Volunteers
95.028
95.028
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.
ORDINANCE NO. O-95-01 - Tree Protection (City
Manager Transmittal dated 2/16/95, O-95-01)
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, BY DELETING THE EXISTING ARTICLE
IN ITS ENTIRETY; PROVIDING DEFINITIONS; PROVIDING FOR
THE APPOINTMENT OF AN ENVIRONMENTAL ADMINISTRATOR;
REQUIRING PERMITS FOR REMOVAL OF CERTAIN TREES;
REQUIRING SITE PLANS; PROVIDING FOR PENALTIES;
ESTABLISHING REQUIREMENTS FOR PERMITS; ESTABLISHING
APPLICATION PROCEDURES; PROVIDING FOR CREDITS FOR
EXISTING TREES; ESTABLISHING CRITERIA FOR ISSUANCE OF
PERMITS; PROVIDING FOR FORMATION OF A TREE ADVISORY
BOARD; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 2/8/95,
Advertised Legal Notices 2/10/95, PH 2/22/95)
ORDINANCE NO. 0-95-02 - Landscaping (City Manager
Transmittal dated 2/16/95, 0-95-02)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE XIII OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING
TO LANDSCAPE REGULATIONS, BY DELETING PORTIONS OF
SEC. 20A-13.2; PROVIDING FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 2/8/95, Advertised Legal Notices
2/10/95, PM 2/22/95)
95. 014
First Public Hearing o__n Community Development
Block Grant Program
95.014
8. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ITEMS
ORDINANCE NO. 0-95-07 - Fair Housing Ordinance
(City Manager Transmittal dated 2/16/95, 0-95-07)
1st Reading - Set Public Hearing for 3/22/95
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA
PROVIDING FOR A DECLARATION OF CITY POLICY TO
PROHIBIT DISCRIMINATION IN HOUSING ON THE BASIS OF
RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, RELIGION,
SEX, MARITAL STATUS, FAMILIAL STATUS, HANDICAP, OR
AGE; PROVIDING DEFINITIONS; DESIGNATING AS UNLAWFUL
CERTAIN DISCRIMINATORY HOUSING PRACTICES IN THE SALE
OR RENTAL OF HOUSING AS WELL AS IN ADVERTISING IN
CONNECTION THEREWITH, IN THE FINANCING OF HOUSING,
AND IN BROKERAGE SERVICES RELATED TO HOUSING;
PROVIDING FOR CERTAIN EXEMPTIONS AND EXCEPTIONS;
PROVIDING FOR AN ADMINISTRATOR TO BE DESIGNATED BY
THE CITY COUNCIL AND PRESCRIBING THE GENERAL POWERS
AND DUTIES OF SUCH ADMINISTRATOR; PRESCRIBING ACTION
UPON A DETERMINATION OF PROBABLE CAUSE, AND
AUTHORIZING THE PROMULGATION OF FORMS AND REGULATIONS;
MAKING PROVISION FOR THE FILING OF COMPLAINTS AND
RESPONSES THERETO, AND THE PROCESSING THEREOF BY THE
ADMINISTRATOR; PROVIDING FOR ADDITIONAL REMEDIES;
INFORMATION; PROHIBITING UNTRUTHFUL COMPLAINTS OR
FALSE TESTIMONY; AND PROVIDING FOR PENALTIES FOR
VIOLATION OF SUCH ORDINANCE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
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.
Approval of Minutes - 2/8/95 Special and Regular
Meetings
95.035/
94.073
95.039/
94. 189
95.017
RESOLUTION NO. R-95-07 - Vickers Grove Sandmining
Special Use Permit (Director of Community
Development Transmittal dated 2/17/95, R-95-07)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING
OF A SPECIAL USE PERMIT FOR THE MINING OF SAND
AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF
THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 30.2
ACRES IN SIZE, LOCATED IN SECTION 17, TOWNSHIP 31
SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE
WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE
IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE
SPECIAL USE PERMIT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-95-08 - Fey Mulch Special Use
Permit (Director of Community Development
Transmittal dated 2/17/95, R-95-08)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE
PERMIT TO RICHARD FEY, L.I. TREE SERVICE, INC.
AND DAMIEN GILLIAMS ON APPROXIMATELY ll ACRES OF
LAND; ESTABLISHING CONDITIONS FOR THE PERMIT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS,
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-95-09 - Fey Sandmining Special
Use Permit (Director of Community Development
Transmittal dated 2/17/95, R-95-09)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE
PERMIT AND MINING PERMIT TO RICHARD FEY FOR
SAND MINING ON APPROXIMATELY 11 ACRES OF LAND;
FINDING THE USE IS NOT DETRIMENTAL TO THE PUBLIC
SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH
THE PURPOSE AND INTENT OF THE INDUSTRIAL
DISTRICT; FURNISHING CONDITIONS; PROVIDING AN
EXCEPTION TO THE 150 FOOT SETBACK; MODIFYING
CONDITION NUMBER EIGHT IN THE TREE RECYCLING AND
MULCHING RESOLUTION ON THE PROPERTY BY DELETING
THE PROHIBITION ON SAND MINING; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
95.040
95.041/
94.196
95.015
95.042
11.
12.
13.
14.
RESOLUTION NO. R-95-10 - Budget Transfer - Police
Retirement Fund (City Manager Transmittal dated
2/7/95, R-95-10, Finance Director Memo dated
2/3/95 w/Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING THE ANNUAL BUDGET
OF THE CITY OF SEBASTIAN, FLORIDA FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1994, AND ENDING
SEPTEMBER 30, 1995; AUTHORIZING THE TRANSFER OF
FUNDS FROM GENERAL RESERVES NON-DEPARTMENTAL TO
POLICE DEPARTMENT CHAPTER 185 RETIREMENT FUND;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Approve Supplemental Agreement - Greiner
Engineering, Inc. - Runway 4-22 Resurfacing
Project Engineers (City Manager Transmittal dated
2/6/95, Supplemental Agreement No. 1)
Receive Lonnie R. Powell Formal Withdrawal of
Name from March 14, 1995 Ballot (City Clerk
Transmittal dated 2/16/95, Powell Letter)
American Cancer Society - Request Use of
Community Center - 3/4/95 - 5 pm to 11 pm - Chili
Cook-Off - A/B ~ Security Paid - Permittee Board
of Directors (City Clerk Transmittal dated
2/6/95, Application)
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS - None
NEW BUSINESS - None
CITY COUNCIL MATTERS
A. Mr. Frank Oberbeck
B. Mayor Arthur Firtion
C. Vice-Mayor Carolyn Corum
D. Mrs. Norma Damp
E. Mr. Robert Freeland
15. CITY ATTORNEY MATTERS
16. CITY MANAGER MATTERS
17. 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.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
PUBLIC HEARING SIGN-UP SHEET
FEBRUARY 22, 1995 REGULAR MEETING
95.028 A. ORDINANCE NO. O-95-01 - Tree Protection
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, BY DELETING THE
EXISTING ARTICLE IN ITS ENTIRETY; PROVIDING DEFINITIONS;
PROVIDING FOR THE APPOINTMENT OF AN ENVIRONMENTAL ADMINISTRATOR;
REQUIRING PERMITS FOR REMOVAL OF CERTAIN TREES; REQUIRING SiTE
PLANS; PROVIDING FOR PENALTIES; ESTABLISHING REQUIREMENTS FOR
PERMITS; ESTABLISHING APPLICATION PROCEDURES; PROVIDING FOR
CREDITS FOR EXISTING TREES; ESTABLISHING CRITERIA FOR ISSUANCE OF
PERMITS; PROVIDING FOR FORMATION OF A TREE ADVISORY BOARD;
PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
2/8/95, Advertised Legal Notices 2/10/95, PH 2/22/95)
Please use this form on~ for input on the above public hearing
item.
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
PUBLIC HEARING SIGN-UP SHEET
FEBRUARY 22, 1995 REGULAR MEETING
95.028
B. ORDINANCE NO. 0-95-02 - Landscaping
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING ARTICLE XIII OF THE LAND DEVELOPMENT CODE OF
THE CITY OF SEBASTIAN, PERTAINING TO LANDSCAPE REGULATIONS, BY
DELETING PORTIONS OF SEC. 20A-13.2; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE. (lst Reading 2/8/95, Advertised Legal Notices
2/10/95, PH 2/22/95)
Please use this form only for input on the above public hearing
item.
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
PUBLIC HEARING SIGN-UP SHEET
FEBRUARY 22, 1995 REGULAR MEETING
95.014 C.
First Public Hearing on Community Development
Block Grant Program
Please use this form only for input on the above public hearing
item.
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PUBLIC INPUT ON AGENDA iTEMS SIGNUP SHEET
FEBRUARY 22, 1995 REGULAR MEETING
Use this form ONLY for input on items on the prepared agenda
EXCEPT FOR PUBLIC HEARINGS which have their own signup sheets.
Speakers will address City Council immediately prior to the
deliberation of the item by the City Council (R-93-19)
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
iNTRODUCTION ,OF NEW BUSINESS
FROM THE PUBLIC
SIGNUP SHEET
FEBRUARY 22, 1995 REGULAR CITY COUNCIL MEETING
(Use this form ONLY for presentation of NEW matters NOT on
prepared agenda.
NAME:
ADDRESS:
SUBJECT:
the
NAME:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
2
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 22, 1995 - 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.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-95-19)
Mayor Firtion called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Reverend Merril E. Dewey -
Church of the Nazarene.
4. ROLL CALL
City Council
Present:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Mr. Frank Oberbeck
Staff Present:
City Manager, Joel L. Koford
City Clerk, Kathryn M. O'Halloran
City Attorney, Clifton A. McClelland,
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
Jr.
Regular City Council Meeting
February 22, 1995
Page Two
95.038
5. 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-93-19).
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Presentation of Certificates of Appreciation -
Police Department Community Service Volunteers
Mayor Firtion presented certificates of appreciation
to Police Department Community Service Volunteers:
Howard Brauer, Julio Carosi, Terry Carosi, Marvin
Goldman, Frank Gorchess, Christian Gumbrecht, Albert
Jordan, Earl Kieffer, Joseph Morozowski, Paul Mouser,
Jerry Puthoff, James Stanberry, J. Paul St. Amand,
Robert Stuart, William Ward, and Carl Wolf.
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.
Regular city Council Meeting
February 22, 1995
Page Three
95.028 A.
ORDINANCE NO. O-95-01 - Tree Protection (City
Manager Transmittal dated 2/16/95, 0-95-01)
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, BY DELETING THE EXISTING ARTICLE
IN ITS ENTIRETY; PROVIDING DEFINITIONS; PROVIDING FOR
THE APPOINTMENT OF AN ENVIRONMENTAL ADMINISTRATOR;
REQUIRING PERMITS FOR REMOVAL OF CERTAIN TREES;
REQUIRING SiTE PLANS; PROVIDING FOR PENALTIES;
ESTABLISHING REQUIREMENTS FOR PERMITS; ESTABLISHING
APPLICATION PROCEDURES; PROVIDING FOR CREDITS FOR
EXISTING TREES; ESTABLISHING CRITERIA FOR ISSUANCE OF
PERMITS; PROVIDING FOR FORMATION OF A TREE ADVISORY
BOARD; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABiLITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 2/8/95,
Advertised Legal Notices 2/10/95, PH 2/22/95)
Mayor Firtion opened the public hearing at 7:06 p.m.,
and the city Attorney read ordinance No. O-95-01 by
title only.
The City Manager handed out new pages 4, 6, 7 and 10
and the City Attorney briefly explained the changes.
Additional changes were made as follows:
- "diameter" changed to "circumference" in the
definition of "Protected Tree".
- delete references to "4 inches or greater in DBH"
on page six definition of "Tree Survey" and page
seven items (20A-14.6(C) and (D)) and (20A-
14.5(B) (2)) and leave in only "protected, historic,
or specimen tree"
- "Quercus (Oak)" definition was changed to "Quercus
(scrub Oak)"
- reference to "Quercus (Oak)" in the definition of
"Protected Tree" was changed to "Quercus (Scrub
Oak)"
Mayor Firtion closed the public hearing at 7:28 p.m.
Regular City Council Meeting
February 22, 1995
Page Four
95.028
MOTION by Freeland/Oberbeck
I would move that we adopt Ordinance No. O-95-01
with the changes recommended by the Attorney.
It was noted that a resolution identifying specific
native trees will be brought back to City Council for
adoption prior to the effective date of this
ordinance.
Vice Mayor Corum inquired about reference to
measurement at eighteen inches for replacement trees.
Vice Mayor Corum was excused for a moment from
Council chambers to view trees brought in by the
Director of Community Development for comparison.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
The Director of Community Development said there will
be a meeting in Council Chambers on March 1, 1995 to
review the ordinance.
ORDINANCE NO. 0-95-02 - Landscaping (City Manager
Transmittal dated 2/16/95, 0-95-02)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE XIII OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING
TO LANDSCAPE REGULATIONS, BY DELETING PORTIONS OF
SEC. 20A-13.2; PROVIDING FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 2/8/95, Advertised Legal Notices
2/10/95, PM 2/22/95)
Mayor Firtion opened the public hearing at 7:35 p.m.,
and the city Attorney read Ordinance No. 0-95-02 by
title only.
The Director of Community Development gave a brief
explanation.
Mayor Firtion closed the public hearing at 7:36 p.m.
4
Regular City Council Meeting
February 22, 1995
Page Five
MOTION by Damp/Oberbeck
I move we adopt Ordinance No. 0-95-02.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
95.014 C.
First Public Hearing oh Community Development
Block Grant Program
Mayor Firtion opened the public hearing at 7:37 p.m.
The City Manager introduced Robert Johnson, Clark,
Roumelis and Co.
Robert Johnson explained the grant program and the
City's options.
He listed the options as Housing Rehabilitation,
Neighborhood Revitalization, Commercial
Revitalization, and Economic Development and reported
that surveying had begun in a 1/2 mile radius from
the project area with commercial revitalization in
mind. He requested that a decision be made tonight
on the option.
TAPE I - SIDE II (7:45 p.m.)
Mayor Firtion closed the public hearing at 7:49 p.m.
It was the consensus of City Council to go with
Commercial Revitalization.
5
Regular City Council Meeting
February 22, 1995
Page Six
8. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ITEMS
95.014 A.
ORDINANCE NO___~. 0-95-07 - Fair Housing Ordinance
(City Manager Transmittal dated 2/16/95, 0-95-07)
1st Reading - Set Public Hearing for 3/22/95
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA
PROVIDING FOR A DECLARATION OF CITY POLICY TO
PROHIBIT DISCRIMINATION IN HOUSING ON THE BASIS OF
RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, RELIGION,
SEX, MARITAL STATUS, FAMILIAL STATUS, HANDICAP, OR
AGE; PROVIDING DEFINITIONS; DESIGNATING AS UNLAWFUL
CERTAIN DISCRIMINATORY HOUSING PRACTICES IN THE SALE
OR RENTAL OF HOUSING AS WELL AS IN ADVERTISING IN
CONNECTION THEREWITH, IN THE FINANCING OF HOUSING,
AND IN BROKERAGE SERVICES RELATED TO HOUSING;
PROVIDING FOR CERTAIN EXEMPTIONS AND EXCEPTIONS;
PROVIDING FOR AN ADMINISTRATOR TO BE DESIGNATED BY
THE CITY COUNCIL AND PRESCRIBING THE GENERAL POWERS
AND DUTIES OF SUCH ADMINISTRATOR; PRESCRIBING ACTION
UPON A DETERMINATION OF PROBABLE CAUSE, AND
AUTHORIZING THE PROMULGATION OF FORMS AND REGULATIONS;
MAKING PROVISION FOR THE FILING OF COMPLAINTS AND
RESPONSES THERETO, AND THE PROCESSING THEREOF BY THE
ADMINISTRATOR; PROVIDING FOR ADDITIONAL REMEDIES;
INFORMATION; PROHIBITING UNTRUTHFUL COMPLAINTS OR
FALSE TESTIMONY; AND PROVIDING FOR PENALTIES FOR
VIOLATION OF SUCH ORDINANCE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read ordinance No. 0-95-07 by title
only.
MOTION by Corum/Freeland
i make a motion to accept Ordinance No. 0-95-07
first reading and set the public hearing for 3/22/95.
Robert Johnson explained that the City is required to
adopt and adhere to this Ordinance.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
6
Regular City Council Meeting
February 22, 1995
Page Seven
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Keith Miller, 961 Riviera Avenue, Sebastian,
spoke on behalf of the handicapped for walkways at
Barber Street Sports Complex; discussed drainage
concerns adjacent to his home; and proposed selling
the northern 2/3 of the Cavcorp property and using
the funds for drainage in the City.
Sal Neglia, 461 Georgia Boulevard, Sebastian,
inquired when the Christmas lights will be removed
from the trees in Riverview Park.
Mayor Firtion called recess at 8:00 p.m. and
reconvened the meeting at 8:10 p.m. Ail members were
present.
Richard Taracka, 1320 Coverbrook Lane, Sebastian,
discussed use of the Cavcorp property and recommended
against use of railroad ties for curb stops.
Robert Johnson, Clark, Roumelis and Co., explained
tax increment financing.
Herbert Munsart, 1464 Seahouse Street, Sebastian,
discussed use of the Cavcorp property and expressed
concern for use of grant funds and implementation of
parking fees.
Herbert Sturm, 549 Saunders Street, Sebastian,
discussed Pine Street drainage and requested an
accounting for the increase in price from the City
Manager.
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.
7
Regular City Council Meeting
February 22, 1995
Page Eight
95.035/
94.073
95.039/
94.189
Approval of Minutes - 2/8/95 Special and Regular
Meetings
RESOLUTION NO. R-95-07 - Vickers Grove Sandmining
Special Use Permit (Director of Community
Development Transmittal dated 2/17/95, R-95-07)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING
OF A SPECIAL USE PERMIT FOR THE MINING OF SAND
AND SOiL MATERIALS PURSUANT TO SECTION 20A-2.6 OF
THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 30.2
ACRES IN SIZE, LOCATED IN SECTION 17, TOWNSHIP 31
SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE
WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT
CODE OF THE CiTY OF SEBASTIAN; PROVIDING FOR THE
IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE
SPECIAL USE PERMIT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-95-08 - Fey Mulch Special Use
Permit (Director of Community Development
Transmittal dated 2/17/95, R-95-08)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE
PERMIT TO RICHARD FEY, L.I. TREE SERVICE, INC.
AND DAMIEN GILLIAMS ON APPROXIMATELY 11 ACRES OF
LAND; ESTABLISHING CONDITIONS FOR THE PERMIT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS,
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
8
Regular city Council Meeting
February 22, 1995
Page Nine
95. 017 D.
95.040 E.
95.041/ F.
94.196
95. 015 G.
RESOLUTION NO. R-95-09 - Fey Sandmining Special
Use Permit (Director of Community Development
Transmittal dated 2/17/95, R-95-09)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE
PERMIT AND MINING PERMIT TO RICHARD FEY FOR
SAND MINING ON APPROXIMATELY 11 ACRES OF LAND;
FINDING THE USE IS NOT DETRIMENTAL TO THE PUBLIC
SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH
THE PURPOSE AND INTENT OF THE INDUSTRIAL
DISTRICT; FURNISHING CONDITIONS; PROVIDING AN
EXCEPTION TO THE 150 FOOT SETBACK; MODIFYING
CONDITION NUMBER EIGHT IN THE TREE RECYCLING AND
MULCHING RESOLUTION ON THE PROPERTY BY DELETING
THE PROHIBITION ON SAND MINING; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
RESOLUTION NO~ R-95-10 - Budget Transfer - Police
Retirement Fund (city Manager Transmittal dated
2/7/95, R-95-10, Finance Director Memo dated
2/3/95 w/Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING THE ANNUAL BUDGET
OF THE CITY OF SEBASTIAN, FLORIDA FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1994, AND ENDING
SEPTEMBER 30, 1995; AUTHORIZING THE TRANSFER OF
FUNDS FROM GENERAL RESERVES NON-DEPARTMENTAL TO
POLICE DEPARTMENT CHAPTER 185 RETIREMENT FUND;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Approve Supplemental Agreement - Greiner
Engineering, Inc. - Runway 4-22 Resurfacing
Project Engineers (City Manager Transmittal dated
2/6/95, Supplemental Agreement No. 1)
Receive Lonnie R. Powell Formal Withdrawal of
Name from March 14, 1995 Ballot (city Clerk
Transmittal dated 2/16/95, Powell Letter)
9
Regular City Council Meeting
February 22, 1995
Page Ten
95.042 H.
American Cancer Society - Request Use of
Community Center - 3/4/95 - 5 pm to 11 pm - Chili
Cook-Off - A/B - Security Paid - Permittee Board
of Directors (City Clerk Transmittal dated
2/6/95, Application)
The City Manager read the consent agenda and the City
Attorney read titles for Resolution Nos. R-95-07,
R-95-08, R-95-09 and R-95-10.
Vice Mayor Corum removed items B and F.
Mrs. Damp removed item C.
MOTION by Freeland/Oberbeck
I'd move to approve items A, D, E, G and H of
the consent agenda.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Item B - Resolution NO.. R-95-07 ~ Vickers Grove
Sandmining Special Use Permit
Vice Mayor Corum inquired about the developer's
future plans for the 95 acre lake and expressed
concern for loss of tax base.
Vice Mayor Corum made a motion to deny but it failed
for lack of a second.
MOTION by Damp/Oberbeck
I move to approve item B of the consent agenda.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mr. oberbeck - aye
MOTION CARRIED 4-1 (Corum - nay)
10
Regular City Council Meeting
February 22, 1995
Page Eleven
Item C - Resolution No. R-95-08 - Fe~ Mulch Special
Use Permit
Mrs. Damp referred to the one year time limit in the
sandmining resolution and the five year limit in the
mulch resolution and suggested the mulch be six
years.
MOTION by Damp/Oberbeck
I move that we approve item C on the consent
agenda.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Item F - Greiner Supplemental Agreement
Vice Mayor Corum requested an update on airport
grants. The City Manager replied that the Airport
Manager will have further information subsequent to
a meeting in Tallahassee.
MOTION by Corum/Freeland
I move approval of item F of the consent agenda.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
11. COMMITTEE REPORTS/RECOMMENDATIONS
None.
12. OLD BUSINESS
None.
13. NEW BUSINESS
None.
11
Regular City Council Meeting
February 22, 1995
Page Twelve
14. CITY COUNCIL MATTERS
A. Mr. Frank Oberbeck
Mr. oberbeck suggested that swale parking be
addressed to alleviate swale damage and then deal
with on-site parking.
TAPE II - SIDE I (8:41 p.m.)
Discussion followed. The city Manager said a
resolution could be passed making parking on any city
property illegal unless posted specifically for
parking.
Mr. oberbeck discussed letters received by city
Council and inquired whether action is being taken;
inquired whether Mr. Sturm's concerns relative to
Pine Street will be addressed; and urged people to
read a Quality Cities magazine article regarding
water and sewer.
B. Mayor Arthur Firtion
Mayor Firtion recommended that staff look into
allowing Walmart to have vehicle sales in its parking
lot. The Director of Community Development said
Planning and Zoning will look at it at its next
meeting.
Mayor Firtion reiterated his voter turn-out challenge
to the City of Fellsmere.
C. Vice-Mayor Carolyn Corum
Vice Mayor Corum reported on a workshop at the
Environmental Learning Center for native landscaping
and distributed a brochure to City Council and the
City Manager. She noted the cost is $25 and
requested approval for her to represent the city.
12
Regular City Council Meeting
February 22, 1995
Page Thirteen
MOTION by Corum/Oberbeck
I make a motion to put the Going Native Landscape
workshop March 4, 1995 on tonight's agenda.
Mr. Oberbeck suggested that a City employee also
attend.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
MOTION by Oberbeck/Freeland
I would move that we authorize Mrs. Corum to
attend the Going Native Landscape Workshop on
Saturday, March 4, 1995.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Vice Mayor Corum discussed behavior by members of the
audience; reported on the Land Acquisition meeting
relative to purchase of wetlands to buffer Pelican
Island.
D. Mrs. Norma Damp
None.
E. Mr. Robert Freeland
Mr. Freeland discussed his concerns about the Finance
Department referring to a report he received today
from SCT. He reported on missing check numbers from
check registers, errors in the last operating
statement, computer problems, and requested
authorization for the city Manager to contract with
SCT to train personnel.
13
Regular City Council Meeting
February 22, 1995
Page Fourteen
MOTION by Freeland/Oberbeck
I move to put the item for the Finance software
on the agenda.
ROLL CALL:
Mayor Firtion - nay
MOTION failed due to lack of unanimous vote.
Mr. Freeland said he would turn his information over
to the City Manager.
Mayor Firtion said he expected the City Manager to
take needed action and bring back a recommendation to
council.
15. CITY ATTORNEY MATTERS
None.
16. CITY MANAGER MATTERS
The city Manager said he needs first and second
choices from each Council member on professional
engineers for drainage by Friday; inquired whether
city council concurred that another resolution be
adopted to rescind the expiration date in Resolution
No. R-95-06, adopted February 8, 1995, for the
Vickers Grove preliminary plat to give them eighteen
months from the time of the resolution adoption.
City Council concurred.
The City Manager explained the Fleming Street
bridge closure.
17.
'Being no further business, Mayor Firtion adjourned
the Regular Meeting at 9:25 p.m.
/~p~f~ved,, at the
~6~ ~ , 1995, City council
Meeting. ~ ~~~
~.City Clerk
Arthur L. Firtion, Mayor
14