HomeMy WebLinkAbout04261995 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, APRIL 26, 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 qf 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)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Donald Swope - First
Presbyterian Church
4. ROLL CALL
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).
Revised Pages Four and Five
95.076
95.043
95.077
95.044
95.028
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Employee of the 1st Quarter 1995 - Presentation
of Plaque to Linda Galley
Equity Study Commission Members - Presentation of
Plaques
- Thomas Cecrle
- Carl A. Fischer
- Charles C. Neuberger, Jr.
- Rod Reed
PUBLIC HEARING, FINAL ACTION - None
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)
9. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 4/5/95 Workshop, 4/12/95
Regular Meeting
Proposed Budget Calendar for Fiscal Year 1995-
1996 (City Manager Transmittal dated 4/18/95,
Calendar)
Fourth of July Celebration - Approve Closing of
Certain Streets, Use of City Facilities for
Planning Meetings and Staging, Appropriation of
$5,000.00 and Placement of Advent Balloon in
Riverview Park w/Certificate of Insurance (City
Clerk Transmittal dated 4/19/95, Director of
Community Development Transmittal dated 4/14/95,
Malek Letters dated 4/10/95)
RESOLUTION NO. R-95-24 - Native Tree List
(Director of Community Development Transmittal
dated 4/10/95, R-95-24)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE
TREES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS,
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
95.068
95.078
95.079
95.080
RESOLUTION NO. R-95-26 - Culvert Pipe Policy
(City Manager Transmittal dated 4/20/95, R-95-26)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A CULVERT PIPE POLICY;
ESTABLISHING COSTS; ESTABLISHING AN APPLICATION FOR
CULVERT PIPE; ESTABLISHING AN APPLICATION FEE;
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO ENTER
INTO CULVERT PIPE AGREEMENTS ON BEHALF OF THE CITY;
REPEALING RESOLUTION NO. R-93-35; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-95-27 - Legal Services Agreement
- Nabors, Giblin - Bond and Financial Issues Re:
Utility System (City Manager Transmittal dated
4/20/95, R-95-27)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF AN
ATTORNEY; AUTHORIZING THE CITY MANAGER, ON BEHALF OF
THE CITY COUNCIL, TO ENTER INTO A LEGAL SERVICES
AGREEMENT WITH NABORS, GIBLIN & NICKERSON, P.A., FOR
THE PURPOSE OF PROVIDING LEGAL ADVICE TO THE CITY ON
BOND AND FINANCIAL ISSUES FOR THE CITY OF SEBASTIAN
UTILITY SYSTEM; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROViDiNG FOR AN
EFFECTIVE DATE.
Goodwill Industries Request to Place Temporary
Trailer on Walmart Property Not to Exceed Eleven
Months - Contingent Upon Contractor Obtaining
Building Permit (Director of Community
Development Transmittal dated 4/14/95, Chase
Letter dated 4/11/95)
GFWC Sebastian River Junior Woman's Club Request
Use of Riverview Park - 11/18/95 (11/19/95
Raindate) - Harvest Arts and Crafts Fair - Use of
Electricity and Standard Conditions (Director of
Community Development Transmittal dated 4/17/95,
Harle Letter dated 4/12/95)
Revised Page Four
10.
11.
95.081
12.
95.082/
95.068
13.
95.032
PRESENTATIONS
COMMITTEE REPORTS/RECOMMENDATIONS
A. PLANNING AND ZONING COMMISSION
Interview Ail Applicants (R-94-51) - P & Z
Recommendation to Appoint Joseph Schulke to
Regular Member Position - Unexpired Term
Vacated by John Falke - Expires 6/97
(Director of Community Development
Transmittal dated 4/18/95, P & Z Memo dated
4/7/95, Applications, R-94-51 Under Separate
Cover)
OLD BUSINESS
A. David Costa - Drainage Problem (No Backup)
NEW BUSINESS
ORDINANCE NO. O-95-12 - Repealing 0-95-05 -
Antique, Consignment and Secondhand Shops (City
Manager Transmittal dated 4/20/95, O-95-12G)
1st Reading, Set Public Hearing for 6~4~9~ 5/24/95
AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
CHAPTER 20A-2.5.C.6, 20A-2.5.C.13., 20A-6.1.C.18 AND
20A-3.10.B. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT
CODE OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN, FLORIDA; TO CLARIFY CLASSIFICATIONS AND
DEFINITIONS; TO PERMIT ANTIQUE SHOPS AND SECONDHAND
STORES IN THE GENERAL COMMERCIAL (CG) ZONING
DISTRICTS; TO ALLOW FLEA MARKETS AND PAWN SHOPS IN
THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AS A
CONDITIONAL USE; AMENDING THE CITY OF SEBASTIAN LAND
DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN, FLORIDA ,TO ADD ANTIQUE SHOPS,
CONSIGNMENT SHOPS, SECONDHAND STORES AND SPORTING
GOODS SHOPS TO SECTION 20A-2.5.C.6; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
FOR CONFLICTS; REPEALING ORDINANCE NO. 0-95-05; AND
PROVIDING FOR AN EFFECTIVE DATE.
Revised Page Five
95.043 B.
ORDINANCE NO. O-95-11 - Occupational License Fees
(City Clerk Transmittal dated 4/19/95, O-95-11)
1st Reading, Set Public Hearing for 6/14/95
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II OF
THE CODE OF ORDINANCES, RECLASSIFYING OCCUPATIONS;
REVISING THE OCCUPATIONAL LICENSE TAX FEE SCHEDULE;
IMPOSING ADDITIONAL PENALTIES; ESTABLISHING
EXEMPTIONS; IMPOSING ADDITIONAL REQUIREMENTS FOR
ISSUANCE OF LICENSES; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILiTY; PROVIDING FOR CONFLICTS
AND PROVIDING FOR AN EFFECTIVE DATE.
95.083
Proposed Amendment to Land Development Code -
Section 20A-3.8(A)D(8) Re: C-512 Landscape
Requirements --Sehe~e-~as~-~e~a~-He~§
(Director of Community Development Transmittal
dated 4/18/95, P & Z Memo dated 3/17/95, LDC
Section)
95.084
Proposed Comprehensive Land Use Plan Amendment
and Rezoning - Sebastian Christian Church - Tract
F, Sebastian Highlands Unit 17 - Schedule Quasi-
Judicial Hearinq (Director of Community
Development Transmittal dated 4/17/95,
Applications, P & Z Recommendation dated 4/7/95,
LDC Sections, CLUP Policies)
14. CITY COUNCIL MATTERS
A. Mrs. Louise Cartwriqht
B. Mrs. Norma Damp
C. Mr. Raymond Halloran
D. Mayor Arthur Firtion
95.067
Amend Liaison Appointment to Economic
Development Council (No Backup)
E. Vice-Mayor Carolyn Corum
15. CITY ATTORNEY MATTERS
16. CITY MANAGER MATTERS
5
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.
6
PUBLIC INPUT ON AGENDA ITEMS
SIGN-UP SHEET
APRIL 26, 1995 REGULAR MEETING
USE THIS FORM ONLY FOR INPUT ON ITEM,;; ON THE PREPARED AGENDA - TIME
LIMIT OF 10 MINUTES PER SPEAKER
Name: ~~~ ,.~
Address:
Agenda Item No. and Title:
Address: [~/~ c5
Agenda Item No. and Title:
Name:
Address:
Agenda Item No. and Title:
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Address:
Agenda Item No. m~d Title:
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Address:
Agenda Item No. and Title:
Natne:
Address:
Agenda Item No. and Title:
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
APRIL 26, 1995 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT
OTHER WISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES
PER SPEAKER
Name: ,~ R. ~ 0'~...,./ /,: '~' _.,} /¢
Address:
Subject: '. ~'~ T';i!~ ~'q~
Nalne:
Address:
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Address:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, APRIL 26, 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)
1. Mayor Firtion called the Regular Meeting to order at
7:05 p.m.
2. The Pledge of Allegiance was recited.
There was a moment of silence for victims of the
Oklahoma City tragedy.
4. ROLL CALL
City Council
Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
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
April 26, 1995
Page
95.076
95.043
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).
The City Manager requested that Resolution No.
R-95-28, Tree Grant, distributed tonight, be added to
the agenda and that item 9D Resolution No. R-95-24
Native Tree List be tabled to May 10, 1995.
MOTION by Corum/Halloran
I make a motion to table item D of the consent
agenda, Resolution No. R-95-24 and to add Resolution
No. R-95-28 as item D.
ROLL CALL:
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Employee of the 1st Quarter 1995 - Presentation
of Plaque to Linda Galley
Mayor Firtion presented a plaque to Employee of the
Quarter, Linda Galley.
Equity Study Commission Members ~ Presentation of
Plaques
- Thomas Cecrle
- Carl A. Fischer
- Charles C_=. Neuberger, Jr.
- Rod Reed
Mayor Firtion presented plaques to the above members
of the Equity Study Commission.
7. PUBLIC HEARING, FINAL ACTION
None.
2
Regular City Council
April 26, 1995
Page Three
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)
Joseph F. Rueck, 4700 Ocean Beach Boulevard, Cocoa
Beach, Florida, expressed concern about the
fifteen trees required for his property by the new
tree ordinance.
Harry Thomas, 654 Balboa Street, Sebastian, requested
cost information on the utility system.
Richard Taracka, 1320 Coverbrook Lane, Sebastian,
requested an update on parking in residential areas;
requested cost information on the utility system;
requested an update on the Riverfront grant; and
suggested placing red flashing lights on the rear
deck of police vehicles to protect police officers.
Herbert Sturm, 549 Saunders Street, Sebastian,
complimented the city Manager for putting up an
emergency exit light; commended City staff for
cleaning palm fronds at the park at Easy and Lake and
asked about the swimming ban at that park; asked
Council to form a blue ribbon committee to ascertain
that taxpayers' funds are being wisely spent.
9. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 4/5/95 Workshop, 4/12/95
Regular Meeting
95.077
Proposed Budget Calendar for Fiscal Year 1995-
1996 (City Manager Transmittal dated 4/18/95,
Calendar)
95.044
Fourth of July Celebration - Approve Closing of
Certain Streets, Use of City Facilities for
Planning Meetings and Staging, Appropriation of
$5,000.00 and Placement of Advent Balloon in
Riverview Park w/Certificate of Insurance (City
Clerk Transmittal dated 4/19/95, Director of
Community Development Transmittal dated 4/14/95,
Malek Letters dated 4/10/95)
Regular City Council
April 26, 1995
Page Four
95=8~8 ..... B=--R~SSA~T~SN-NS?-R-95-~4---Na~ve-T~ee-~&se
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A-R~SSB~T~SN-SF-TH~-e~T¥-SF-$~BAST~ANz-~NB~AN
R~V~R-~8~NT¥?-FASR~BA?-ABSP~NG-A-E~S~-8~-NA~V~
TR~ST-PReV~B~NS-FeR-S~V~RAB}B~TYT-PReV}B}NS-FeR
R~P~AB-eF-R~$SB~T~eN$-SR-PARTS-SF-R~SeB~T~eNS?
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95.085
D. RESOLUTION NO. R-95-28 - Tree Grant
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, TO ENTER INTO A PLANT A
TREE TRUST FUND GRANT MEMORANDUM OF AGREEMENT
WITH THE STATE OF FLORIDA, DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
95.068
RESOLUTION NO. R-95-26 - Culvert Pipe Policy
(City Manager Transmittal dated 4/20/95, R-95-26)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, CREATING A CULVERT PIPE
POLICY; ESTABLISHING COSTS; ESTABLISHING AN
APPLICATION FOR CULVERT PIPE; ESTABLISHING AN
APPLICATION FEE; AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO ENTER INTO CULVERT PIPE AGREEMENTS
ON BEHALF OF THE CITY; REPEALING RESOLUTION NO.
R-93-35; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
95.078
RESOLUTION NO. R-95-27 - Legal Services Agreement
- Nabors, Giblin - Bond and Financial Issues Re:
Utility System (city Manager Transmittal dated
4/20/95, R-95-27)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE
EMPLOYMENT OF AN ATTORNEY; AUTHORIZING THE CiTY
MANAGER, ON BEHALF OF THE CITY COUNCIL, TO ENTER
INTO A LEGAL SERVICES AGREEMENT WITH NABORS,
GIBLIN & NICKERSON, P.A., FOR THE PURPOSE OF
PROVIDING LEGAL ADVICE TO THE CITY ON BOND AND
FINANCIAL ISSUES FOR THE CITY OF SEBASTIAN
UTILITY SYSTEM; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Regular City Council
April 26, 1995
Page Five
95.079 G.
95.080 H.
Goodwill Industries Request to Place Temporary
Trailer on Walmart Property Not to Exceed Eleven
Months - Contingent Upon Contractor Obtaining
Building Permit (Director of Community
Development Transmittal dated 4/14/95, Chase
Letter dated 4/11/95)
GFWC Sebastian River Junior Woman's Club Request
Use of Riverview Park - 11/18/95 (11/19/95
Raindate) - Harvest Arts and Crafts Fair - Use of
Electricity and Standard Conditions (Director of
Community Development Transmittal dated 4/17/95,
Harle Letter dated 4/12/95)
The city Manager read the consent agenda. The City
Attorney read titles for Resolution Nos. R-95-26, and
R-95-27 and R-95-28. (R-95-24 was tabled to 5/10/95)
Mrs. Cartwright removed items C and E; Mr. Halloran
removed item G; and Mrs. Damp removed items E and G.
MOTION by Cartwright/Damp
I move that we approve item A, B, D, F, and H of
the consent agenda.
'ROLL CALL:
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Item C - Fourth of July Requests
Mrs. Cartwright said John Malek asked that Indian
River Drive be included in the street closing
request.
Vice Mayor Corum asked if Indian River County had any
jurisdiction over Indian River Drive. The City
Manager said it did not.
MOTION by Cartwright/Corum
I move that we approve item C with the addition
of Indian River Drive.
5
Regular City Council
April 26, 1995
Page Six
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Item E - Resolution No. R-95-26
Mrs. Cartwright said she discussed the resolution
with the City Manager and stated she sees two
scenarios, whereby the property is either owned and
maintained by the City or the property owner. She
questioned the level of involvement of Department of
Environmental Protection and St. John's River Water
Management District, and recommended that
implementation of this resolution be suspended until
that can be determined.
The City Manager advised, if this resolution is
suspended, the current policy (R-93-35) should also
be suspended at this time, since it was possible that
DEP and SJRWMD approval may be needed.
MOTION by Cartwright/Corum
I move that we table Resolution No. R-95-26 until
further notice.
ROLL CALL:
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
The City Attorney recommended the City Manager be
directed not to enter into any permits for two weeks
or until it is determined whether DEP or SJRWMD
approval is needed.
6
Regular City Council
April 26, 1995
Page Seven
MOTION by Halloran/Damp
I make a motion that we hold all applications for
R-93-35 pending the information from the City Manager.
ROLL CALL:
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Item G - Goodwill Industries ~ Temporary Trailer
Request
Mrs. Damp requested further information on the
placement of the trailer. The Director of Community
Development displayed a map on an overhead.
Mr. Halloran objected to the drop off point because of
possible unsightliness. The Director of Community
Development suggested conditions can be placed on the
approval to avoid nuisance.
Vice Mayor Corum suggested the trailer be moved
further west.
Fran Chase, Goodwill Industries, presented a
photograph, stated that Walmart has very strict
policies for trailers, that trailers are manned eight
hours seven days per week, and that the location was
suggested by Walmart based on traffic.
TAPE I - SIDE ii (7:52 p.m.)
Ms. Chase's presentation continued.
Vice Mayor Corum objected to the proposed location.
MOTION by Corum/
I make a motion to approve item G with the
exception of moving the trailer back on the west on
the property as shown on the overhead by Bruce
Cooper.
MOTION FAILED for lack of a second.
7
Regular City Council
April 26, 1995
Page Eight
MOTION by Corum/Halloran
I make a motion to deny item G.
ROLL CALL:
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
- aye
- nay
- nay
- aye
- nay
MOTION FAILED 2-3 (Cartwright, Damp, Firtion - nay)
MOTION by Cartwright/Damp
I make a motion to approve item G as is.
ROLL CALL:
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
- aye
- aye
- nay
- aye
- nay
MOTION CARRIED 3-2 (Halloran, Corum - nay)
10. PRESENTATIONS
None.
11. COMMITTEE REPORTS/RECOMMENDATIONS
Mrs. Cartwright reported that the Council of Public
officials requested that the City take a position
on proposed legislation on partial year assessments
and perhaps the item can be workshopped.
The City Manager recommended that any position
statement be in the form of a resolution to state the
official policy of the elected officials.
Vice Mayor Corum and Mr. Halloran requested further
information.
The City Clerk said she would call Lynn Tipton,
Florida League of Cities to determine the status of
the bill and report to City Council.
8
Regular City Council
April 26, 1995
Page Nine
95.081
95.082/
95.068
A. PLANNING AND ZONING COMMISSION
Interview Ail Applicants (R-94-51) - P & Z
Recommendation t_9o Appoint Joseph Schulke to
Regular Member Position - Unexpired Term
Vacated b_y John Falke - Expires 6_/97--
(Director of Community Development
Transmittal dated 4/18/95. P & Z Memo dated
4/7/95, Applications, R-94-51 Under Separate
Cover)
City Council determined interviews were not necessary
and following brief input on applicants, motion was
made.
MOTION by Corum/Halloran
I make a motion for Council to approve Horry
Johns for the term expired by Mr. John Falke term to
expire June 1997.
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Mayor Firtion called recess at 8:13 p.m. and
reconvened the meeting at 8:22 p.m. Ail members were
present.
12. OLD BUSINESS
A. David Costa - Drainaqe Problem (No Backup)
David Costa, 499 Concha Drive, Sebastian, referred to
two sets of cost estimates received from the City and
a letter from the Director of Community Development,
regarding the installation of two twelve foot pipes.
He stated that he believed any cost on his part was
double taxation, expressed concern for safety, and
further requested that a culvert pipe be installed
between his driveways.
The Director of Community Development clarified the
city's obligation to install the two twelve foot
pipes only.
9
Regular City Council
April 26, 1995
Page Ten
Herbert Sturm pointed out that he had signed up to
speak. Mayor Firtion said he would allow Mr. Sturm
to speak after Mr. Costa.
The Public Works Director further explained the cost
estimates and the design and layout of Mr. Costa's
property as it relates to drainage.
City Council discussion followed.
Herbert Sturm, 549 Saunders Street, Sebastian,
noted that the engineering department has used a
specific design which has been complied with for many
years. He submitted it to the City Clerk.
TAPE II - SIDE I (8:50 p.m.)
Mr. Sturm's input continued.
Mr. Costa continued his presentation.
The City Manager requested that this matter be
referred to staff for a more solid recommendation.
Mr. Costa demanded a decision tonight.
Vice Mayor Corum called a point of order and
requested that the matter be sent to staff for
formal recommendation.
Mrs. Damp asked if the pipe was installed would it do
any damage. The Public Works Director said it would
provide run-off into the road.
Vice Mayor Corum reiterated that a City Council
decision can not be made until staff recommendation
is received in writing.
The City Manager said Department of Environmental
Protection and St. John's River Water Management
District may have concerns in this matter.
Mr. Costa said that he wanted to be on the next
agenda for a final decision. The City Manager
advised Mr. Costa to contact the Public Works
Director to ascertain when the meeting with agency
representatives will be held.
Mr. Costa directed that the pipe be installed
tomorrow or he would sue the City.
10
Regular City Council
April 26, 1995
Page Eleven
13. NEW BUSINESS
95.032 A.
ORDINANCE NO. 0-95-12 - Repealing 0-95-05 -
Antique, Consignment and Secondhand Shops (City
Manager Transmittal dated 4/20/95, O-95-12G)
1st Reading, Set Public Hearing for 5/24/95
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
CHAPTER 20A-2.5.C.6, 20A-2.5.C.13., 20A-6.1.C.18 AND
20A-3.10.B. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT
CODE OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN, FLORIDA; TO CLARIFY CLASSIFICATIONS AND
DEFINITIONS; TO PERMIT ANTIQUE SHOPS AND SECONDHAND
STORES IN THE GENERAL COMMERCIAL (CG) ZONING
DISTRICTS; TO ALLOW FLEA MARKETS AND PAWN SHOPS IN
THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AS A
CONDITIONAL USE; AMENDING THE CITY OF SEBASTIAN LAND
DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN, FLORIDA ,TO ADD ANTIQUE SHOPS,
CONSIGNMENT SHOPS, SECONDHAND STORES AND SPORTING
GOODS SHOPS TO SECTION 20A-2.5.C.6; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
FOR CONFLICTS; REPEALING ORDINANCE NO. 0-95-05; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-95-12 by title
only.
MOTION by Corum/Damp
I make a motion to approve the first reading and
set the public hearing on Ordinance No. O-95-12
for 5/24/95.
ROLL CALL:
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
11
Regular city Council
April 26, 1995
Page Twelve
95.043 B.
ORDINANCE NO. O-95-11 - Occupational License Fees
(City Clerk Transmittal dated 4/19/95, O-95-11)
lst Reading, Set Public Hearing for 6/14/95
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II OF
THE CODE OF ORDINANCES, RECLASSIFYING OCCUPATIONS;
REVISING THE OCCUPATIONAL LICENSE TAX FEE SCHEDULE;
IMPOSING ADDITIONAL PENALTIES; ESTABLISHING
EXEMPTIONS; IMPOSING ADDITIONAL REQUIREMENTS FOR
ISSUANCE OF LICENSES; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS
AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-95-11 by title
only.
The City Attorney explained the further reduction of
certain fees to comply with Florida Statutes, a typo
in Section 30-29 (knowingly), the need for notice
mailing date in 30-38, inconsistency of charging
$90.00 for unclassified businesses since most others
are $60.00 in Section 30-50 and in the fee list, and
page rental fees being perhaps too low in relation to
other fees, and suggested that each issue be
addressed individually.
MOTION by Corum/Halloran
I make a motion to correct the spelling of
"knowingly" on page. three of O-95-11.
ROLL CALL:
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
MOTION by Cartwright/Damp
I move that we approve the amendment in Section
30-38 for the City Clerk to send out the annual renewal
notices for all businesses that hold a license no
later than August 1.
12
Regular City Council
April 26, 1995
Page Thirteen
ROLL CALL:
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
MOTION by Corum/Cartwright
I make a motion in Section 30-50 to change the
non-specifically designated trades or occupational
licenses to $60 from $90 and that will also change on
page 19 of the ordinance from $90 to $60.
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Mayor Firtion called a brief recess at 9:45 p.m. due
to tape problems. All members remained on the dais.
TAPE III - SIDE I (9:45 p.m.)
MOTION by Halloran/Cartwright
I move that we revise the rental fees in item 10
to $30 for apartment rental and $5 for each
individual rental.
ROLL CALL:
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
MOTION by Cartwright/Damp
I'll move that we upgrade the language to make it
gender neutral in all categories.
ROLL CALL:
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
13
Regular City Council
April 26, 1995
Page Fourteen
95.083
95.084
MOTION by Corum/Cartwright
I make a motion for Council to approve the 1st
reading and set the public hearing for 6/14/95 with
the changes made here tonight for ordinance No. 0-95-
11.
ROLL CALL:
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Proposed Amendment to Land Development Code -
Section 20A-3.8(A)D(8) Re: C-512 Landscape
Requirements (Director of Community Development
Transmittal dated 4/18/95, P & Z Memo dated
3/17/95, LDC Section)
MOTION by Cartwright/Damp
I move that we approve the proposed amendment
to the Land Development Code with deletion of the
word "satisfactory".
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Dm
Proposed Comprehensive Land Use Plan Amendment
and Rezoning 2 Sebastian Christian Church - Tract
F, Sebastian Highlands Unit 17 - Schedule Quasi-
Judicial Hearing (Director of Community
Development Transmittal dated 4~17]95~
Applications~ P & Z Recommendation dated 4~7~95,
LDC Sections, CLUP Policies)
MOTION by Halloran/Cartwright
I move that we schedule a quasi-judicial hearing
for 95.084 for June 14, 1995.
14
Regular City Council
April 26, 1995
Page Fifteen
95.067
ROLL CALL:
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
14. CITY COUNCIL MATTERS
A. Mrs. Louise Cartwright
None.
B. Mrs. Norma Dame
Mrs. Damp suggested the city install a phone system
for emergency public information; asked about status
of the residential parking ordinance; and inquired
whether two sets of engineering consultants will be
selected.
C. Mr. Raymond Halloran
Mr. Halloran suggested better communication for water
outages and presented a form to the City Clerk which
can be faxed to Coastal Cable for immediate
broadcast.
D. Mayor Arthur Firtion
Amend Liaison Appointment to Economic
Development Council (No Backup)
Vice Mayor Corum requested that Mrs. Damp take the
Economic Development Council. Mrs. Damp did not
accept the position.
Mayor Firtion referred Mrs. Damp to the April 5, 1995
minutes in response to her question about consultant
selection. He said the paper indicated that five
would be selected rather than two sets of three
which was what Council directed.
The city Manager said the way in which the RFP was
written may affect the selection. The City Attorney
said he would review the RFP to determine if this
would be allowable.
15
Regular City Council
April 26, 1995
Page Sixteen
E. Vice-Mayor Carolyn Corum
Vice Mayor Corum asked if the George Street problem
had been addressed; said she would like to give up
her membership on the Economic Development Council;
expressed concern about the legality of the adoption
of the tree ordinance due to last minutes changes.
MOTION by Corum/Cartwright
I make a motion to put the issue of the tree
ordinance on tonight's agenda.
ROLL CALL:
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Vice Mayor Corum inquired when trees will be planted
in the medians and expressed concern for planting in
the summer.
TAPE III - SIDE II (10:12 p.m.)
The City Attorney advised that certain definitions
were amended and should perhaps be reviewed for
future amendment. He said he was not concerned about
the legality of the publication of the previous
notice.
MOTION by Corum/Cartwright
I make a motion for City Council to direct the
City Manager to contact our Tree Advisory Committee
to look at our tree ordinance particularly at
definitions.
ROLL CALL:
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Vice Mayor Corum suggested that costs for quasi-
judicial matters be looked at.
16
Regular city Council
April 26, 1995
Page Seventeen
15. CITY ATTORNEY MATTERS
The City Attorney, referring to a request from Mr.
Zullo for permission to place a portable basketball
hoop in right-of-way, advised that the City needs to
be concerned about liability. Mayor Firtion directed
the City Manager to send a letter to Mr. Zullo.
16. CITY MANAGER MATTERS
17.
The City Manager reminded City Council about its
Community Action Plan workshops next Tuesday and
Wednesday, stated that he would be away May 15
through 19 and the City Clerk would be Acting City
Manager, and said he would hold mini staff meetings
on Fridays to review the agenda prior to its
submittal.
Mayor Firtion adjourned the Regular Meeting at 10:20
p.m.
Meeting.
City Clerk
, 1995, city Council
Arthur L. Firtion, Mayor
17