HomeMy WebLinkAbout02241993 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 24, 1993 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Henk Touissant - 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
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.
93.048/
92.222
ORDINANCE NO, 0-93-01 - Land Development Code
Amendments
Second Public Hearing and Adoption
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE;
AMENDING THE DEFINITION OF PARKING GARAGES; AMENDING
THE DEFINITION OF RESTAURANTS; AMENDING THE DEFINITION
OF WAREHOUSING, STORAGE AND DISTRIBUTION ACTIVITIES;
PROHIBITING USES AND STRUCTURES THAT ARE NOT OTHERWISE
SPECIFICALLY PERMITTED; AMENDING PROVISIONS PERTAINING
TO THE MINIMUM LIVING AREA IN DWELLING UNITS IN ALL
RESIDENTIAL ZONING DISTRICTS, INCLUDING THE R-MH AND
COR ZONING DISTRICTS; AMENDING PROVISIONS PERTAINING TO
MINIMUM BUILDING SETBACKS FROM PROPERTY LINES IN ALL
ZONING DISTRICTS; PROVIDING FOR GUEST HOUSES AS A
CONDITIONAL USE IN THE RS-20 (SINGLE-FAMILY RESIDENTIAL
DISTRICT) ZONING DISTRICT; PROVIDING FOR HOME
OCCUPATIONS AS A CONDITIONAL USE IN THE RM-8 (MEDIUM
DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), THE RM-
12 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT),
AND THE R-MH (MOBILE HOME DISTRICT) ZONING DISTRICTS;
PROVIDING FOR RETAIL GASOLINE SALES AS A PERMITTED USE
IN THE CG (GENERAL COMMERCIAL DISTRICT) ZONING
DISTRICT; PROVIDING FOR MEDICAL SERVICES AS A PERMITTED
USE IN THE COR (COMMERCIAL OFFICE RESIDENTIAL
DISTRICT), THE CL (LIMITED COMMERCIAL DISTRICT), THE CG
(GENERAL COMMERCIAL DISTRICT), AND THE GMC (GENERAL
MARINE COMMERCIAL DISTRICT), ZONING DISTRICTS;
PROVIDING FOR WIDTH REQUIREMENTS FOR RESIDENTIAL
DRIVEWAYS; PROVIDING A DEFINITION OF A GUEST HOUSE;
PROVIDING THAT A GUEST HOUSE SHALL BE A CONDITIONAL USE
iN THE RE-40 (RESIDENTIAL ESTATE DISTRICT) ZONING
DISTRICT; PROVIDING SPECIAL CRITERIA REGULATING GUEST
HOUSES AS A CONDITIONAL USE; AMENDING THE CONSTRUCTION
STANDARDS OF ALL RESIDENTIAL MANUFACTURED BUILDINGS,
MOBILE HOMES, TRAVEL TRAILERS AND SIMILAR PORTABLE
LIVING QUARTERS IN AN R-MH MOBILE HOME DISTRICT AND IN
A PUD(MH) MOBILE HOME PLANNED UNIT DEVELOPMENT;
AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND
A STORM SHELTER IN A PUD(MH) MOBILE HOME PLANNED UNIT
DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY
BUILDING AND A STORM SHELTER FOR MOBILE HOME
SUBDIVISIONS; INCREASING THE MAXIMUM BUILDING COVERAGE
REQUIRED IN AN R-MH MOBILE HOME DISTRICT AND A PUD(MH)
PLANNED UNIT DEVELOPMENT; AMENDING SECTION 20A-5.1 OF
THE LAND DEVELOPMENT CODE PERTAINING TO HEIGHT
EXCEPTIONS; AMENDING SECTION 20A-5.2 OF THE LAND
DEVELOPMENT CODE PERTAINING TO PROJECTIONS AND
OBSTRUCTIONS INTO A REQUIRED YARD; REPEALING PROVISIONS
PERTAINING TO ENCROACHMENTS BY FIRE ESCAPES, OUTSIDE
STAIRWAYS AND BALCONIES WHICH PROJECT INTO A REQUIRED
YARD; AMENDING SECTION 20A-5.5 OF THE LAND DEVELOPMENT
CODE PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES
IN A REQUIRED REAR YARD; AMENDING PROVISIONS PERTAINING
TO THE LOCATION OF ACCESSORY BUILDINGS; AMENDING
PROVISIONS PERTAINING TO FENCES ON RESIDENTIAL CORNER
LOTS; AMENDING PROVISIONS PERTAINING TO UTILIZATION OF
REAL PROPERTY LOCATED IN A COMMERCIAL OR INDUSTRIAL
ZONED DISTRICT FOR RESiDENTiAL PURPOSES; AMENDING
PROVISIONS PERTAINING TO HEIGHT RESTRICTIONS OF FENCES
AND WALLS; AMENDING PROVISIONS PERTAINING TO REQUIRED
SCREENS FOR GARBAGE, REFUSE DUMPSTERS; AMENDING
PROVISIONS PERTAINING TO REGULATION OF OBSTRUCTIONS TO
VISIBILITY ON A CORNER LOT; AMENDING PROVISIONS
PERTAINING TO THE VIOLATION OF SPECIAL CRITERIA FOR
MODEL HOMES AS A CONDITIONAL USE; AMENDING PROVISIONS
PERTAINING TO THE REQUIRED PARKING SPACES FOR MARINAS;
PROHIBITING POROUS SURFACES FOR HANDICAPPED PARKING
SPACES; PROVIDING FOR REQUIRED WIDTH FOR ENTRY AND EXIT
WAYS AND DRIVES; PROVIDING THAT A PRELIMINARY SITE PLAN
APPLICANT DOES NOT OBTAIN VESTED RIGHTS UPON TENTATIVE
APPROVAL BY THE PLANNING AND ZONING COMMISSION;
AMENDING PROVISIONS PERTAINING TO THE LOCATION OF
PRIVATE WELLS ON REAL PROPERTY LOCATED WITHIN THE CITY
LIMITS; AMENDING PROVISIONS PERTAINING TO THE LOCATION
OF A CHILD CARE FACILITY IN RELATION TO THE TYPE OF
STREET ADJACENT TO SAID FACILITY; AMENDING PROVISIONS
PERTAINING TO OFF-STREET LOADING FACILITIES; AMENDING
PROVISIONS PERTAINING TO GENERAL SITE PLAN REVIEW
PROCEDURES; AMENDING SECTION 20A-3.8.C OF THE LAND
DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A
CONDITIONAL USE; AMENDING SECTION 20A-3.9.C OF THE LAND
DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A
CONDITIONAL USE; AMENDING SECTION 20A-3.16.C OF THE
LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A
CONDITIONAL USE; AMENDING SECTION 20A-3.10.C OF THE
LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A
CONDITIONAL USE; AMENDING PROVISIONS PERTAINING TO THE
ELECTION OF OFFICERS AND THE SELECTION OF A SECRETARY
FOR THE PLANNING AND ZONING COMMISSION; AMENDING
PROVISIONS PERTAINING TO PROCEDURES FOR THE PLANNING
AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING
TO SUBMISSION AND TRANSMITTAL OF PROPOSED AMENDMENTS TO
THE COMPREHENSIVE LAND USE PLAN; AMENDING THE EXISTING
DEFINITION OF A COMMERCIAL AMUSEMENT, UNENCLOSED;
PROHIBITING THE UTILIZATION OF USABLE OUTDOOR
RECREATION AREAS FOR CHILD CARE FACILITIES WITHIN ANY
DEDICATED EASEMENT; AMENDING SECTION 20A-6.1.C.14.b TO
ADD ADDITIONAL RESTRICTIONS PERTAINING TO HOME
OCCUPATIONS AS A CONDITIONAL USE; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE
IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
FLORIDA; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE. (lst Reading 1/27/93,
Advertised 1/4 Page Press Journal 2/2/93, 1st Public
Hearing 2/10/93, Advertised 1/4 Page Press Journal
2/17/93)
93.071
93.072
93.073
93.074
93.075
93.076
93.077
10.
11.
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.
A. Approval of Minutes - 2/10/93 Regular Meeting
Be
Approve Group Rate for Easter Seal Society of
East Central Florida, Inc. for 4/10/93 Fundraiser
at Sebastian Municipal Golf Course (Staff
Recommendation dated 2/16/93, Morgan Letter dated
2/10/93, Fleming Memo and Easter Seals Info)
Fraternal Order of Police - Request Use of
Riverview Park North for Carnival Fundraiser -
April (Staff Recommendation dated 2/18/93,
Hardison Letter dated 2/1/93)
Treasure Coast Builders Association - Parade of
Homes - 3/19/93 through 3/29/93 - Request
Temporary Sign Approval (Staff Recommendation
dated 2/18/93, Kavanaugh Letter dated 2/17/93)
Thomas H. Collins Appeal to Planning and Zoning
Site Plan Approval Re: Parking Stall Width - Set
Public Hearing in Accordance with 20A-10.4(A) -
LDC for 3/10/93 (Staff Recommendation dated
2/18/93, Collins Letters dated 7/22/92 & 2/8/93,
P & Z Memo dated 2/18/93)
Bid Award - 7-Gang Mower - Golf Course - Hector
Turf of Deerfield Beach - $18,500 (Staff
Recommendation dated 2/18/93, Bid Tabulation
Form)
PRESENTATIONS
Hoyman, Dobson & Company, P.A. - 91/92 Fiscal
Year Audit Report (Report Under Separate Cover)
MAYOR AND CITY COUNCIL MATTERS
A. Mayor Lonnie R. Powell
Request for City Manager Resignation (Mayor
Memo dated 2/18/93, Police Report [Submitted
by City Manager])
B. Mr. Frank Oberbeck
C. Mrs. Carolyn Corum
D. Dr. Peter R. Holyk
93.078
Dedicate Riverview Park North (Holyk
Recommendation dated 2/18/93)
E. Mr. George G. Reid
12. CITY ATTORNEY MATTERS
13. CITY MANAGER MATTERS
14. COMMITTEE REPORTS/RECOMMENDATIONS
A. CODE ENFORCEMENT BOARD
93.079
Reappoint Damien Gilliams as Regular Member
- Term 3/93 through 3/96 - Eligible for
Reappointment (Staff Recommendation dated
2/18/93, Gilliams Letter dated 1/18/93,
Applications)
15. OLD BUSINESS - None
16. NEW BUSINESS
93.080/
91.235
Elkcam Waterway Claims (City Manager
Recommendation dated 2/18/93, Proposed Settlement
Agreement Pgs 1 - 19)
93.081/
92.188
MPO Interlocal Agreement (Staff Recommendation
dated 2/18/93, Keating Letter, Agreement, R-92-30)
93.082
Indian River County Council on Aging - Approve
Additional Stop Locations in Sebastian (Staff
Recommendation dated 2/18/93, Stop List, Council
on Aging Letter dated 11/17/92)
17.
INTRODUCTION O__F BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
18. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TOANY 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.)
5
PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
FEBRUARY 24, 1993 REGULAR MEETING
(Use this form ONLF 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?an during "Public Input on Agenda Items" please note.)
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INTRODUCTION OF BUSINESS FROM THE PUBLIC
SIGNUP SHEET
FEBRUARY 24, 1993 REGULAR MEETING
(Use this form ONLY for presentation of matters NOT on the
prepared agenda. Introduction of Business from the Public is the
last item on the,,~.,,agend~a) ~
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PUBLIC HEARING SIGN-UP SHEET
ORDINANCE NO. O-93-01 - LAND
DEVELOPMENT CODE AMENDMENTS
FEBRUARY 24, 1993 REGULAR MEETING
(PLEASE SEE AGENDA FOR ORDINANCE TITLE)
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City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNF3DAY, FEBRUARY 24, 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 7:03 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Henk Touissant, St. Sebastian
Catholic Church.
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 Engineer/PW Director, Dan Eckis
Finance Director, Marilyn Swichkow
Asst. Finance Director, Larry Napier
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
February 24, 1993
Page Two
93.048/
92.222
~GENDA 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).
The City Manager stated that Edra Young had requested
to be placed on the agenda under "Introduction of
Business from the Public" and City Council concurred.
6. PROCLAMATIONS AND]OR ~NNOUNCEMENTS
None.
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-93-01 - Land Development Code
Amendments
Second Publio Hearing and Adoption
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
2
Regular city Council Meeting
February 24, 1993
Page Three
OCCUPATIONS AS A CONDITIONAL USE IN THE RM-8 (MEDIUM
DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), THE RM-
12 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT),
AND THE R-MH (MOBILE HOME DISTRICT) ZONING DISTRICTS;
PROVIDING FOR RETAIL GASOLINE SALES AS A PERMITTED USE
IN THE CG (GENERAL COMMERCIAL DISTRICT) ZONING
DISTRICT; PROVIDING FOR MEDICAL SERVICES AS A PERMITTED
USE IN THE COR (COMMERCIAL OFFICE RESIDENTIAL
DISTRICT), THE CL (LIMITED COMMERCIAL DISTRICT), THE CG
(GENERAL COMMERCIAL DISTRICT), AND THE GMC (GENERAL
MARINE COMMERCIAL DISTRICT), ZONING DISTRICTS;
PROVIDING FOR WIDTH REQUIREMENTS FOR RESIDENTIAL
DRIVEWAYS; PROVIDING A DEFINITION OF A GUEST HOUSE;
PROVIDING THAT A GUEST HOUSE SHALL BE A CONDITIONAL USE
IN THE RE-40 (RESIDENTIAL ESTATE DISTRICT) ZONING
DISTRICT; PROVIDING SPECIAL CRITERIA REGULATING GUEST
HOUSES AS A CONDITIONAL USE; AMENDING THE CONSTRUCTION
STANDARDS OF ALL RESIDENTIAL MANUFACTURED BUILDINGS,
MOBILE HOMES, TRAVEL TRAILERS AND SIMILAR PORTABLE
LIVING QUARTERS IN AN R-MH MOBILE HOME DISTRICT AND IN
A PUD(MH) MOBILE HOME PLANNED UNIT DEVELOPMENT;
AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND
A STORM SHELTER IN A PUD(MH) MOBILE HOME PLANNED UNIT
DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY
BUILDING AND A STORM SHELTER FOR MOBILE HOME
SUBDIVISIONS; INCREASING THE MAXIMUM BUILDING COVERAGE
REQUIRED IN AN R-MH MOBILE HOME DISTRICT AND A PUD(MH)
PLANNED UNIT DEVELOPMENT; AMENDING SECTION 20A-5.1 OF
THE LAND DEVELOPMENT CODE PERTAINING TO HEIGHT
EXCEPTIONS; AMENDING SECTION 20A-5.2 OF THE LAND
DEVELOPMENT CODE PERTAINING TO PROJECTIONS AND
OBSTRUCTIONS INTO A REQUIRED YARD; REPEALING PROVISIONS
PERTAINING TO ENCROACHMENTS BY FIRE ESCAPES, OUTSIDE
STAIRWAYS AND BALCONIES WHICH PROJECT INTO A REQUIRED
YARD; AMENDING SECTION 20A-5.5 OF THE LAND DEVELOPMENT
CODE PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES
IN A REQUIRED REAR YARD; AMENDING PROVISIONS PERTAINING
TO THE LOCATION OF ACCESSORY BUILDINGS; AMENDING
PROVISIONS PERTAINING TO FENCES ON RESIDENTIAL CORNER
LOTS; AMENDING PROVISIONS PERTAINING TO UTILIZATION OF
REAL PROPERTY LOCATED IN A COMMERCIAL OR INDUSTRIAL
ZONED DISTRICT FOR RESIDENTIAL PURPOSES; AMENDING
PROVISIONS PERTAINING TO HEIGHT RESTRICTIONS OF FENCES
AND WALLS; AMENDING PROVISIONS PERTAINING TO REQUIRED
SCREENS FOR GARBAGE, REFUSE DUMPSTERS; AMENDING
PROVISIONS PERTAINING TO REGULATION OF OBSTRUCTIONS TO
VISIBILITY ON A CORNER LOT; AMENDING PROVISIONS
PERTAINING TO THE VIOLATION OF SPECIAL CRITERIA FOR
MODEL HOMES AS A CONDITIONAL USE; AMENDING PROVISIONS
PERTAINING TO THE REQUIRED PARKING SPACES FOR MARINAS;
PROHIBITING POROUS SURFACES FOR HANDICAPPED PARKING
Regular City Council Meeting
February 24, 1993
Page Four
SPACES; PROVIDING FOR REQUIRED WIDTH FOR ENTRY AND EXIT
WAYS AND DRIVES; PROVIDING THAT A PRELIMINARY SITE PLAN
APPLICANT DOES NOT OBTAIN VESTED RIGHTS UPON TENTATIVE
APPROVAL BY THE PLANNING AND ZONING COMMISSION;
AMENDING PROVISIONS PERTAINING TO THE LOCATION OF
PRIVATE WELLS ON REAL PROPERTY LOCATED WITHIN THE CITY
LIMITS; AMENDING PROVISIONS PERTAINING TO THE LOCATION
OF A CHILD CARE FACILITY IN RELATION TO THE TYPE OF
STREET ADJACENT TO SAID FACILITY; AMENDING PROVISIONS
PERTAINING TO OFF-STREET LOADING FACILITIES; AMENDING
PROVISIONS PERTAINING TO GENERAL SITE PLAN REVIEW
PROCEDURES; AMENDING SECTION 20A-3.8.C OF THE LAND
DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A
CONDITIONAL USE; AMENDING SECTION 20A-3.9.C OF THE LAND
DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A
CONDITIONAL USE; AMENDING SECTION 20A-3.16.C OF THE
LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A
CONDITIONAL USE; AMENDING SECTION 20A-3.10.C OF THE
LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A
CONDITIONAL USE; AMENDING PROVISIONS PERTAINING TO THE
ELECTION OF OFFICERS AND THE SELECTION OF A SECRETARY
FOR THE PLANNING AND ZONING COMMISSION; AMENDING
PROVISIONS PERTAINING TO PROCEDURES FOR THE PLANNING
AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING
TO SUBMISSION AND TRANSMITTAL OF PROPOSED AMENDMENTS TO
THE COMPREHENSIVE LAND USE PLAN; AMENDING THE EXISTING
DEFINITION OF A COMMERCIAL AMUSEMENT, UNENCLOSED;
PROHIBITING THE UTILIZATION OF USABLE OUTDOOR
RECREATION AREAS FOR CHILD CARE FACILITIES WITHIN ANY
DEDICATED EASEMENT; AMENDING SECTION 20A-6.1.C.14.b TO
ADD ADDITIONAL RESTRICTIONS PERTAINING TO HOME
OCCUPATIONS AS A CONDITIONAL USE; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE
IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
FLORIDA; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE. (lst Reading 1/27/93,
Advertised 1/4 Page Press Journal 2/2/93, 1st Public
Hearing 2/10/93, Advertised 1/4 Page Press Journal
2/17/93)
Mayor Powell opened the public hearing at 7:05 p.m.
and the City Attorney read Ordinance No. O-93-01 by
title only.
The Director of Community Development requested, in
accordance with Planning and Zoning Commission
recommendation, amendment to pages 4 and 5, section 3,
to delete the amendment to Section 20A-2.5.D.6.
4
Regular City Council Meeting
February 24, 1993
Page Five
Mayor Powell closed the public hearing at 7:11 p.m.
Mrs. Corum expressed concern about the ordinance
being in conflict with the Comprehensive Land Use
Plan by allowing higher density for mobile home
developments. The Director of Community Development
responded that building setbacks will remain the
same.
MOTION by Corum/
I'd like to make a motion that we take out
increasing the maximum building coverage required in
mobile home district MPD Planned Unit Development and
approve the rest of O-93-01.
MOTION died for lack of a second.
MOTION by Oberbeck/Holyk
I would move that we adopt Ordinance No. O-93-01
Land Development Code amendments subject to the
corrections as requested by Planning and Zoning to
Section 3. 20A-2.5.D.6.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum nay
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 4-1 (Corum - nay).
8. PUBLIC INPUT ON AGENDA ITEMS
Ail signed up chose to speak during 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.
A. Approval of Minutes - 2/10/93 Regular Meeting
93.071
Approve Group Rate for Easter Seal Society of
East Central Florida, Inc. for 4/10/93 Fundraiser
at Sebastian Municipal Golf Course (Staff
Recommendation dated 2/16/93, Morgan Letter dated
2/10/93, Fleming Memo and Easter Seals Info)
5
Regular City Council Meeting
February 24, 1993
Page Six
93.072 C.
Fraternal Order of Police - Request Use of
Riverview Park North for Carnival Fundraiser -
April (Staff Recommendation dated 2/18/93,
Hardison Letter dated 2/1/93)
93.073 D.
Treasure Coast Builders Association - Parade of
Homes - 3/19/93 through 3/29/93 - Request
Temporary Sign Approval (Staff Recommendation
dated 2/18/93, Kavanaugh Letter dated 2/17/93)
93.074 E.
Thomas H. Collins Appeal to Planning and Zoning
Site Plan Approval Re: Parking Stall Width - Set
Public Hearing in Accordance with 20A-10.4(A) -
LDC for 3/10/93 (Staff Recommendation dated
2/18/93, Collins Letters dated 7/22/92 & 2/8/93,
P & Z Memo dated 2/18/93)
93.075 F.
Bid Award - 7-Gang Mower - Golf Course - Hector
Turf of Deerfield Beach - $18,500 (Staff
Recommendation dated 2/18/93, Bid Tabulation
Form)
The city Manager read the Consent Agenda in its
entirety.
Mayor Powell removed item F and Mr. Oberbeck removed
item B.
MOTION by Oberbeck/Holyk
I would move we approve items A, C, D, and E of
the consent agenda.
Dr. Holyk requested that FOP be certain the Riverview
Park North property is restored to its original
condition subsequent to use.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 5-0.
Item B
Mr. Oberbeck noted that the Easter Seals was
also requesting use of the Community Center and the
City Manager responded that the facility was not
available on that date and was not part of the staff
recommendation.
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Regular City Council Meeting
February 24, 1993
Page Seven
MOTION by Oberbeck/Holyk
I would move that we approve item B of the
consent agenda.
VOICE VOTE on the motion carried 5-0.
Item F
Mayor Powell inquired whether this purchase can be
postponed for now and the Golf Course Superintendent
said it was essential at this time.
MOTION by Powell/Oberbeck
I move to approve item F of the consent agenda.
ROLL CALL:
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 5-0.
10. PRESENTATIONS
93.076
Hoyman, Dobson R Company, P.A. - 91/92 Fiscal
Year Audit Report (Report Under Separate Cover)
Roger Dobson of Hoyman, Dobson & Company, P.A.,
presented the 91/92 fiscal year audit report to city
Council.
A brief City Council discussion ensued.
11. MAYOR AND CITY COUNCIL MATTERS
A. Mayor Lonnie R-. Powell
93.077
Request for city Manager Resignation (Mayor
Memo dated 2/18/93, Police Report [Submitted
bv city Manager])
Donna Keyes, 343 Toledo Street; Peter Jones, 925
Indian River Drive; Virginia King, 375 Manley Avenue;
Herbert Sturm, 549 Saunders Street, all of Sebastian,
addressed City Council on the matter.
TAPE I - SIDE II (7:47 p.m.)
Mr. Sturm continued.
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Regular City Council Meeting
February 24, 1993
Page
93.078
Mayor Powell explained his reasons for placing this
item on the agenda and expressed certain concerns.
Mayor Powell requested that lights be adjusted at the
Little League field, and said he was asked again
about installation of a ramp at the pond near Blossom
Drive.
The City Manager said he had spoken to the Mayor
today and that both had pledged to work together in a
better manner, and he responded to concerns regarding
the Personnel Director's salary.
Mayor Powell called recess at 8:16 p.m. and
reconvened the meeting at 8:32 p.m. Ail members of
City Council were present.
Mayor Powell noted that this meeting is being
videotaped and will be broadcast on Friday.
B. Mr. Frank Oberbeck
Mr. Oberbeck reiterated that staff and Falcon Cable
had set up the videotape program; inquired about the
status of the Sebastian Lakes agreement and water and
sewer; and stated that the FOP is holding a
Policemen's Ball at the Community Center this
Saturday night to benefit local causes.
C. Mrs. Carolyn Corum
Mrs. Corum spoke on cable rates and suggested that
the City Manager's contract be renegotiated in the
future.
D. Dr. Peter R. Holyk
Dedicate Riverview Park North (Holyk
Recommendation dated 2J18/93)
Dr. Holyk inquired whether it is possible to dedicate
Riverview Park North so that it cannot be disposed
of easily. The City Attorney said it was possible
but that he would need direction to review it.
Mr. Oberbeck said Riverview Park was dedicated in
1981 and City Council concurred to direct staff to
review this.
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Regular City Council Meeting
February 24, 1993
Page Nine
Dr. Holyk commented on calls and letters received
relative to the City Manager and urged people to
identify themselves.
TAPE II - SIDE I (8:56 p.m.)
Dr. Holyk spoke to concerns expressed relative to
home occupational licenses.
E. Mrs. George G. Reid
Mr. Reid commented on the matter of the city Manager;
questioned in what manner approval was given for the
videotaping of this meeting; and requested that the
Utilities Director be directed to look into city
run cable.
12. CITY ATTORNEY MATTERS
None.
13. CITY MANAGER MATTERS
The City Manager introduced Personnel Director, Wendy
Widmann; said he had received calls relative to the
proposed removal of the left hand turning lane on
U.S. 1 adjacent to Jefferson Street and requested
City Council input. Mr. Reid expressed concern about
traffic illegally turning into True Value off of Main
Street. City Council concurred to direct the City
Manager to contact FDOT.
The city Manager said the videotaping was merely a
test and that discussion of the matter would be
placed on the workshop agenda.
The City Manager said staff is not quite ready to
place the tree protection ordinance on the next
workshop agenda and requested City Council input.
The City Attorney said he was not clear about what
City Council wants and suggested that the item be
workshopped to gain a consensus.
It was the consensus of City Council that this item
be placed on the April workshop agenda to review
Planning and Zoning Commission recommendations and
direct staff further.
9
Regular City Council Meeting
February 24, 1993
Page Ten
14. COMMITTEE REPORTS/RECOMMENDATIONS
A. CODE ENFORCEMENT BOARD
93.079 1.
Reappoint Damien Gilliams as Regular Member
- Term 3/93 through 3/96 - Eligible for
Reappointment (Staff Recommendation dated
2/18/93, Gilliams Letter dated 1/18/93,
Applications)
Herbert Sturm, 549 Saunders Street, addressed City
Council relative to the Code Enforcement Board.
The City Attorney advised City Council to review FS
162.05.
MOTION by Oberbeck/Reid
I would move to appoint Damien Gilliams as a
regular member to the Code Enforcement Board for a
term starting March 1993 through March 1996 as
recommended by Code Enforcement.
VOICE VOTE on the motion carried 5-0.
Mrs. Corum reported on the Indian River County Land
Acquisition Committee meeting and stated that the
board had withdrawn the application for the north
county property as requested by Sebastian City
Council.
15. OLD BUSINESS
None.
16. NEW BUSINESS
93.080/
91.235
Elkcam Waterway Claims (City Manager
Recommendation dated 2/18/93, Proposed Settlement
Agreement Pqs i - 19)
MOTION by Oberbeck/Holyk
I would move to authorize and direct the Mayor
and City Clerk to execute the proposed Settlement
Agreement for the Elkcam Waterway claims and to
appropriate the sum of $72,585.53 as a "Damage Fund"
for full and complete settlement of said claims.
The City Attorney requested that the Mayor and City
Clerk sign the agreement subsequent to signature by
all claimants.
10
Regular City Council Meeting
February 24, 1993
Page
The city Attorney's direction was added to the motion.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
93.081/
92.188
Be
MP___QO Interlocal A~treement CStaff Recommendation
dated 2]18L93~ Keatinq Letter, Agreement, R-92-30)
The City Engineer explained the agreement and stated
that the City Attorney has approved the contract.
MOTION by Corum/Holyk
I make a motion that we approve the MPO
Interlocal agreement dated 2/18/93 Resolution R-92-30.
VOICE VOTE on the motion carried 5-0.
93.082
Indian River County Council o__n Aging - Approve
Additional Stop Locations in Sebastian (Staff
Recommendation dated 2/18/93, ~ List~ Council
o__n Aging Letter dated 11/17/92)
MOTION by Holyk/Corum
I would move to approve the list of thirty-three
additional stops for the Council on Aging.
VOICE VOTE on the motion carried 5-0.
17.
iNTRODUCTION O__F BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
Edra Young left the meeting prior to this item.
Herbert Sturm, 549 Saunders Street, Sebastian,
addressed City Council relative to Code Enforcement
Board matters.
TAPE II - SIDE II (9:33 p.m.)
Sal Neglia, 461 Georgia Boulevard, Sebastian,
spoke on the THM problem in General Development
water.
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Regular City Council Meeting
February 24, 1993
Page Twelve
18.
Being no further business, Mayor Powell adjourned the
meeting at 9:42 p.m.
Approved at the~,~/~
Meeting.
KathryTM M. O'Halloran, CMC/~AE
city Clerk
1993, City Council
12