The URL can be used to link to this page

Home My WebLink About03271991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 91.085 91.086 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 27, 1991 - 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. 5. 6. 7. 8. 9. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Reverend Joe Brooks, First Church of God, Veto Beach ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) PROCLAMATIONS AND/OR ANNOUNCEMENTS PRESENTATIONS - None PUBLIC HEARING, FINAL ACTION - None PUBLIC INPUT A. Non-Agenda Items Teens Against Boredom - Request to Close Main Street (Staff Recommendation dated 3/21/91, TAB Letter dated 3/20/91) Sebastian Panthers - Request Improvements to Schumann Park (City Manager Recommendation dated 3/21/91, Raborn Letter dated 3/21/91) 1 91.087 91.088 91.089 91.090 91.091 91.092 91.071 91.071 B. Agenda items 10. CONSENT AGENDA Approval of Minutes - 3/13/91 Regular Meeting, 3/18/91 Special Meeting Bid Award - Sebastian Municipal Golf Course Lake Management - Ameriquatic, Inc. of Ft. Lauderdale - $1,440 (Staff Recommendation dated 3/20/91, Bid Tabulation) Bid Award - Sebastian Municipal Golf Course Clubhouse Cleaning - DTF, Inc. of Sebastian - $4,740 (Staff Recommendation dated 3/20/91, Bid Tabulation) Bid Award - Sebastian Municipal Golf Course Turf Vacuum - DeBra Turf of Ft. Lauderdale - $8,159 (Staff Recommendation dated 3/20/91, Bid Tabulation) Request for Use of Community Center - 6/22/91 Wedding - 3 p.m. to 8 p.m. - A/B - Gregory Witt Perm,tree - DOB 7/20/64 - Security Paid (Application, License) Women's Golf Association - Promotion - Request Waiver of Green Fees (Staff Recommendation dated 3/14/91, Squire, Sanders and Dempsey Letter dated 5/23/86, Women's Golf Association Letter dated 3/7/9) 11. COMMITTEE REPORTS/RECOMMENDATIONS A. Riverfront Study Committee Request for Funding - Final Report Renderings (Jones Memo dated 3/20/91) 12. OLD BUSINESS Review Engagement of Thomas A. Cloud, Esquire - Gray, Harris and Robinson, P.A. Re: Indian River County Water & Sewer Franchise (No Backup - Oral Report - City Attorney) Consider Engagement of Hartman & Associates - Re: Indian River County Water & Sewer Franchise (City Manager Recommendation dated 3/21/91, Hartman Proposal dated 3/21/91) 2 91.093/ 90.279 13. 91.094/ 90.211 91.066 J & S Aviation Lease Addendum (Staff Report on Liability Insurance dated 3/21/91, 3/13/91 Agenda Backup Includes Anerson Letter dated 2/5/91, Proposed Lease Language, Switchkow Letter dated 2/25/91) NEW BUSINESS ORDINANCE NO. O-91-03 - Mandatory Numbering of Improved Properties (Staff Recommendation dated 3/1/91) FIRST READING, SET PUBLIC HEARING 4/24/91 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE DISPLAY OF BUILDING NUMBERS; AMENDING ARTICLE V OF THE LAND DEVELOPMENT CODE TO ADD NEW SECTION 20A-5.46 PERTAINING TO THE DIMENSIONS AND LOCATION OF BUILDING NUMBERS TO BE DISPLAYED; PROVIDING FOR THE CITY OF SEBASTIAN TO ASSIGN BUILDING NUMBERS; PROVIDING FOR PENALTIES; 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. (Discussion 9/12/90) ORDINANCE NO. O-91-10 - Columbus Club Comprehen- sive Land Use Plan Amendment (Staff Recommenda- tion dated 3/21/91) FIRST READING, SET PUBLIC HEARING 4/24/91 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY MD-1 (MEDIUM DENSITY) DISTRICT TO CITY OF SEBASTIAN INS (INSTITUTIONAL) DISTRICT FOR LAND SITUATED iN THE NORTH CENTRAL AREA OF THE CITY, APPROXIMATELY 2.65 ACRES MORE OR LESS, LOCATED ON GIBSON STREET; PROVIDING FOR A COPY OF THE DESIGNATION CHANGE TO THE COMPREHENSIVE LAND USE PLAN MAP TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 3/6/91) 3 91.066 91.095/ 90.229 91.096 91.097 91.098 14. ORDINANCE NO. O-91-11 - Columbus Club Rezoning (Staff Recommendation dated 3/21/91) FIRST READING, PUBLIC HEARING WILL BE SCHEDULED AFTER 0-91-10 1ST PH, TRANSMITTAL AND RETURN FROM DCA AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE NORTH CENTRAL AREA OF THE CITY, APPROXIMATELY 2.65 ACRES MORE OR LESS, LOCATED ON GIBSON STREET, FROM INDIAN RIVER COUNTY ROSE 4 ZONING DISTRICT TO CITY OF SEBASTIAN PS (PUBLIC SERVICE) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 3/6/91) ORDINANCE NO. 0-91-12 - U.S. 1Rezoning - CL to CG (Staff Recommendation dated 3/21/91) FIRST READING, SET PUBLIC HEARING 5/8/91 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE NORTHEAST AREA OF THE CITY, APPROXIMATELY 60 PARCELS OF LAND MORE OR LESS LOCATED ALONG THE WEST SIDE OF U.S. HIGHWAY #1 AND ON BOTH SIDES OF U.S. HIGHWAY #1 AT THE NORTH CITY LIMIT LINES, FROM CL (COMMERCIAL LIMITED) ZONING DISTRICT TO CG (COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 10/3/90) MAYOR'S MATTERS Appointments to Indian River County Committees (No Backup) 1. Economic Development Council 2. Indian River County Ad Hoc - Land Acquisition 3. Indian River County Transportation Planning - Alternate Member B. Other Matters 4 91.099 91.100 15. 16. 17. 18. COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman Holyk C. Councilman Powell D. Councilman Reid CITY ATTORNEY MATTERS A. Discussion - Government-In-The-Sunshine Law (No Backup) B. Communications With News Media (No Backup) CITY MANAGER MATTERS 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.) 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, MARCH 27, 1991 - 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. The Pledge of Allegiance was recited. Due to the absence of Reverend Joe Brooks, there was no invocation. 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 Chief of Police, Earle Petty Golf Course Manager, Jim DeLarme City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting March 27, 1991 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS None. 7. PRESENTATIONS None. 8. PUBLIC HEARING, FINAL ACTION None. 9. PUBLIC INPUT A. Non-Agenda Items 91.085 Teens Against Boredom - Request to Close Main Street (Staff Recommendation dated 3/21/91, TAB Letter dated 3/20/91) Deborah Jenkins, 820 Bailey Drive Sebastian, TAB, requested the closing of Main Street from U.S. 1 to Indian River Drive for the grand opening of the teen center. The City Manager stated that the city boat parking lot on Main Street will be accessed from the Indian River Drive end. MOTION by Powell/Reid I move we go along with Teens Against Boredom to close Main Street with staff recommendation to close at 10:00 p.m. VOICE VOTE on the motion carried 5-0. 91.086 Sebastian Panthers - Request Improvements to Schumann Park (City Manager Recommendation dated 3/21/91, Raborn Letter dated 3/21/91) Maura Raborn, 155 Harris Drive, Sebastian and Byron Holmes, 889 Carnation Drive, requested improvements to Schumann Park. 2 ReGular City Council MeetinG March 27, 1991 Page Three The City ManaGer recommended that, since the multi- purpose field at Barber Street Sports Complex will not be in use for at least two years, improvements such as sod, installation of a sprinkler system and reGradinG be made to Schumann Park in the amount of approximately $7000 from park improvement funds. He said if approved staff will bid improvements. Discussion took place on need for roof repair to the concession. The City ManaGer said he has directed staff to have safety hazards repaired. MOTION by Oberbeck/Powell I move we Go ahead with the recommended action of staff and put the cap at $7000 at this time. Gary Scott, B & T Sod, said he can get sod at cost and the only cost would be labor. John Tenerovich was advised that use of Schumann field can be restricted by staff during the initial Growth period. ROLL CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid aye aye aye aye aye MOTION CARRIED 5-0. B. Agenda Items Ruth Sullivan, 1215 Indian River Drive, Sebastian, restated the desire of the Indian River Drive Property Owners Association for the city to terminate the county's water and sewer franchise. Mr. & Mrs. Jerry Thomas, 153 Crawford Drive, Sebastian, stated they would like to see Sebastian Police Officers removed from the force. Robert Brodie, 11155 Roseland Road, Roseland, requested that Council take a formal stand on not connectinG Gibson Street to 130th Street and that a letter be sent to the Indian River County Commission. 3 Regular City Council Meeting March 27, 1991 Page Four 91.087 91.088 91.089 91.090 91.091 A1Vilardi, 445 Georgia Boulevard, Sebastian, recommended that CR 512 be left the way it is until a good study can be done, that a cap be placed on Hartman and Cloud, and expressed concern for the policy of reserving space for sewer. Thomas Wojciechowski, addressed complaints made regarding the Golf Course and read a prepared statement he said he would submit to local newspapers. 10. CONSENT AGENDA Approval of Minutes - 3/13/91 Regular Meeting, 3/18/91 Special Meeting Bid Award - Sebastian Municipal Golf Course Lake Management - Ameriquatic, Inc. of Ft. Lauderdale - $1,440 (Staff Recommendation dated 3/20/91, Bid Tabulation) Bid Award - Sebastian Municipal Golf Course Clubhouse Cleaning - DTF, Inc. of Sebastian - $4,740 (Staff Recommendation dated 3/20/91, Bid Tabulation) Bid Award - Sebastian Municipal Golf Course Turf Vacuum - DeBra Turf of Ft. Lauderdale - $8,159 (Staff Recommendation dated 3/20/91, Bid Tabulation) ~ Request for Use of Community Center - 6/22/91 Wedding - 3 p.m. to 8 p.m. - A/B - Gregory Witt Permittee - DOB 7/20/64 - Security Paid (Application, License) Women's Golf Association - Promotion - Request Waiver of Green Fees (Staff Recommendation dated 3/14/91, Squire, Sanders and Dempsey Letter dated 5/23/86, Women's Golf Association Letter dated 3/7/9) Mayor Conyers read the consent agenda in its entirety. Councilman Holyk removed item B. 4 Regular City Council Meeting March 27, 1991 Page Five 91.092 MOTION by Powell/Oberbeck I move we approve A, C, D, E and F on 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 B In response to Councilman Holyk, the City Manager stated that the disparity in bid amounts was most likely due to the fact that Ameriquatic is presently under contract for other city work and was in a better position to bid lower. MOTION by Holyk/Reid I move we approve item B. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye aye MOTION CARRIED 5-0. 11. COMMITTEE REPORTS/RECOMMENDATIONS A. Riverfront ~ Committee Request for Funding_- Final Report Renderings (Jones Memo dated 3/20/91) Following a brief explanation of need by Peter Jones, Chairman of the Riverfront Study Committee, motion was made. MOTION by Oberbeck/Holyk I move we go ahead allow the Riverfront Committee to go for the renderings and allocate $1200. Regular City Council Meeting March 27, 1991 Page Six 91.071 ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck aye aye aye aye aye MOTION CARRIED 5-0. Mayor Conyers called recess at 8:02 p.m. and reconvened the meeting at 8:13 p.m. Ail members were present. 12. OLD BUSINESS Review Engagement of Thomas A. Cloud, Esquire - Gray, Harris and Robinson, P.A. Re: Indian River County Water & Sewer Franchise (No Backup - Oral Report - City Attorney) The City Attorney said he had met with the City Manager and Attorney Cloud to define a scope of services and that special legal counsel's function would be to examine current documents to apprise the city council of the legal implications of termination of the franchise. The City Manager reiterated that legal counsel can advise whether the city can be in the water and sewer business and the legal ramifications and an engineer can advise whether the city should be in the water and sewer business and provide engineering and cost analysis. He said each firm's fees would be capped at $10,000. Gerald C. Hartman addressed Council briefly. A lengthy discussion ensued. Mayor Conyers read a prepared statement and each Councilman expressed his opinion on the matter. MOTION by Reid/Powell I move we engage Hartman and Associates to advise the City of Sebastian on the advisability of the city getting into the utilities business, water and sewer, with a cap of $10,000. Regular City Council Meeting March 27, 1991 Page Seven 91.071 91.093/ 90.279 ROLL CALL: Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell aye nay nay aye aye MOTION CARRIED 3-2 (Conyers & Holyk - nay) MOTION by Oberbeck/Powell I move that we engage the services of Thomas A. Cloud to review the water and sewer franchises granted by the City to Indian River County with a cap of $10,000. ROLL CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid nay aye aye aye aye MOTION CARRIED 4-1 (Conyers - nay) Consider Engagement of Hartman & Associates - Re: Indian River County Water & Sewer Franchise (City Manager Recommendation dated 3/21/91, Hartman Proposal dated 3/21/91) This item addressed under previous agenda item. Ce J & S Aviation Lease Addendum (Staff Report o__n Liability Insurance dated 3/21/91, 3/13/91 Agenda Backup Includes Anderson Letter dated 2/5/91, Proposed Lease Language, Switchkow Letter dated 2/25/91) Vice Mayor Oberbeck was excused from 9:26 p.m. to 9:28 p.m. At the request of the City Manager this item was deferred until the lease can be amended. The Airport Manager had no objection. The City Attorney advised that staff pursue obtaining pollution liability insurance for petroleum storage tanks. The City Manager said he would bring insurance proposals back to Council. Councilman Powell was excused from 9:30 p.m. to 9:32 p.m. Regular City Council Meeting March 27, 1991 Page Eight 13. NEW BUSINESS 91.094/ A. 90.211 ORDINANCE NO. 0-91-03 - Mandatory Numbering of Improved Properties (Staff Recommendation dated 3/1/91) FIRST READING, SET PUBLIC HEARING 4/24/91 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE DISPLAY OF BUILDING NUMBERS; AMENDING ARTICLE V OF THE LAND DEVELOPMENT CODE TO ADD NEW SECTION 20A-5.46 PERTAINING TO THE DIMENSIONS AND LOCATION OF BUILDING NUMBERS TO BE DISPLAYED; PROVIDING FOR THE CITY OF SEBASTIAN TO ASSIGN BUILDING NUMBERS; PROVIDING FOR PENALTIES; 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. (Discussion 9/12/90) The City Attorney read Ordinance No. O-91-03 by title only. MOTION by Powell/Holyk I move we accept Ordinance No. O-91-03 and set public hearing for April 24, 1991. In response to Vice Mayor Oberbeck, the Director of Community Development said he would report back regarding requirement for numbers on illuminated signs. ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye aye aye aye aye MOTION CARRIED 5-0. 8 Regular City Council Meeting March 27, 1991 Page Nine 91.066 B. ORDINANCE NO. O-91-10 - Columbus Club Comprehen- sive Land Use Plan Amendment (Staff Recommenda- tion dated 3/21/91) FIRST READING, SET PUBLIC HEARING 4/24/91 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY MD-1 (MEDIUM DENSITY) DISTRICT TO CITY OF SEBASTIAN INS (INSTITUTIONAL) DISTRICT FOR LAND SITUATED IN THE NORTH CENTRAL AREA OF THE CITY, APPROXIMATELY 2.65 ACRES MORE OR LESS, LOCATED ON GIBSON STREET; PROVIDING FOR A COPY OF THE DESIGNATION CHANGE TO THE COMPREHENSIVE LAND USE PLAN MAP TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 3/6/91) The City Attorney read Ordinance No. 0-91-10 by title only. MOTION by Oberbeck/Powell I move we approve Ordinance No. 0-91-10 and set public hearing for April 24, 1991. Councilman Reid questioned whether %here existed a conflict if he voted on Ordinance Nos. O-91-10 and O- 91-11. The City Attorney questioned whether Councilman Reid or any member of his family had a proprietary interest in the Columbus Club, to which Councilman Reid responded in the negative, therefore, there was no conflict. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye aye MOTION CARRIED 5-0. Regular City Council MeetinU March 27, 1991 Page Ten 91.066 C. 91.095/ 90.229 ORDINANCE NO. 0-91-11 - Columbus Club Rezoning (Staff Recommendation dated 3/21/91) FIRST READING, PUBLIC HEARING WILL BE SCHEDULED AFTER 0-91-10 1ST PH, TRANSMITTAL AND RETURN FROM DCA AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE NORTH CENTRAL AREA OF THE CITY, APPROXIMATELY 2.65 ACRES MORE OR LESS, LOCATED ON GIBSON STREET, FROM INDIAN RIVER COUNTY ROSE 4 ZONING DISTRICT TO CITY OF SEBASTIAN PS (PUBLIC SERVICE) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 3/6/91) The City Attorney read Ordinance No. 0-91-11 by title only. MOTION by Powell/Holyk I move we accept Ordinance No. 0-91-11 and set public hearing after public hearing of O-90-10. ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck aye aye aye aye aye MOTION CARRIED 5-0. ORDINANCE NO. O-91-12 - U.S. 1Rezoning - CL to CG (Staff Recommendation dated 3/21/91) FIRST READING, SET PUBLIC HEARING 5/8/91 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE NORTHEAST AREA OF THE CITY, APPROXIMATELY 60 PARCELS OF LAND MORE OR LESS LOCATED ALONG THE WEST SIDE OF U.S. HIGHWAY #1 AND ON BOTH SIDES OF U.S. HIGHWAY #1 AT THE NORTH CITY LIMIT LINES, FROM CL (COMMERCIAL LIMITED) ZONING DISTRICT TO CG (COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 10/3/90) 10 Regular City Council Meeting March 27, 1991 Page Eleven 91.098 91.096 91.097 14. The City Attorney read Ordinance No. 0-91-12 by title only. In response to Councilman Holyk, the City Attorney advised that this public hearing had a later date due to Florida Statute notice requirements. MOTION by Oberbeck/Holyk i move we accept Ordinance No. 0-91-12 and set public hearing May 8, 1991. ROLL CALL: Councilman Reid Mayor Cony,rs Councilman Holyk Vice Mayor Oberbeck Councilman Powell aye aye aye aye aye MOTION CARRIED 5-0. MAYOR'S MATTERS B. Other Matters Mayor Cony,rs stated that the city is doing what it can regarding Falcon Cable complaints. The City Manager said he had directed the Acting Finance Director to draft a report on Falcon Cable. Mayor Cony,rs recommended that property owners with drainage problems come into city hall regarding purchase and installation of side swale culvert pipes. Appointments t__qo Indian River County Committees (No Backup) Indian River County Transportation Plannin~ - Alternate Member Councilman Powell volunteered for this committee. 1. Economic Development Council Councilman Reid volunteered for this committee. 2. Indian River County Ad Hoc - Land Acquisition Councilman Holyk requested that the City Clerk inquire into the schedule for this committee before he made a commitment to it. 11 Regular City Council Meeting March 27, 1991 Page Twelve 15. COUNCIL MATTERS A. Vice Mayor Oberbeck Vice Mayor Oberbeck stated that no one has asked to stop the twin pairs project; said he'd been approached by AIA regarding the design competition for the Riverfront and expressed concern that no communication has been sent to the County regarding the city's position on County programs, i.e., CR 512 and water and sewer franchise. The City Manager said there has not, up until tonight, been definitive action by Council, however, he would advise the County on Council's action this evening. MOTION by Oberbeck/Reid I move we add the item of the letter for the 512 to the agenda. ROLL CALL: Mayor Conyers nay No further vote was taken since unanimous vote is necessary for adding an agenda item pursuant to Resolution No. R-89-59. 91.099 16. B. Councilman Holyk None. C. Councilman Powell None. D. Councilman Reid Councilman Reid questioned the proposed Lake and Easy bikepath and said as an attendee of many Council meetings he does not recall thorough discussions of the twin pairs concept. CITY ATTORNEY MATTERS A. Discussion - Government-In-The-Sunshine Law (No Backup)- The City Attorney requested that this item be delayed to the workshop. Council concurred. 12 Regular City Council Meeting March 27, 1991 Page Thirteen 91.100 17. 18. B. Communications With News Media (No Backup) The City Attorney said a previous Council had instructed him to speak to the press and charge the city. He said he had seldom charged the city and was now requesting that he be authorized not to talk to the press and agree not to pay him when he does talk to them. MOTION by Conyers/Holyk I'll make the motion. ROLL CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid aye aye aye aye aye MOTION CARRIED 5-0. The City Attorney requested that staff be authorized to review the adult entertainment ordinance before coming to Council at the May workshop. Council concurred. CITY MANAGER MATTERS The City Manager said he hoped to have a City Engineer/Director of Public Works engaged by the end of the week, announced the arrival of a formal grant offer from FAA and said he would instruct the City Attorney to draft the necessary resolution for approval and give a legal opinion on the agreement for the April 10, 1991. Being no further business, Mayor Conyers adjourned the meeting at 10:08 p.m. Approved at the ~~ · .~ Council Meeting. /~ 1991 O'Halloran, City Clerk 13