HomeMy WebLinkAbout04281993 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, APRIL 28, 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 - Reverend Donald Swope, Sebastian
Presbyterian Church
4. ROLL CALL
AOENDA MODIFICATIONS (ADDITIONS kND~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 - None
8. PUBLIC INPUT ON 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.
93.069
92.216
93.144
A. Approval of Minutes - 4/14/93 Regular Meeting
B. ORDINANCE NO, 0-93-09 - Utility Trailers
(Staff Recommendation dated 4/22/93, 0-93-09)
1st Reading, Set Public Hearing for 5/26/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE;
AMENDING SECTION 20A-5.16.C OF THE LAND DEVELOPMENT
CODE PERTAINING TO PARKING OR STORING COMMERCIAL
UTILITY TRAILERS AND CARGO TRAILERS AND COMMERCIAL
BOATS IN RESIDENTIAL DISTRICTS; AMENDING SECTION 20A-
6.1.C.14.b. OF THE LAND DEVELOPMENT CODE PERTAINING
TO HOME OCCUPATIONS; 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; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO__~. O-93-10 - Eight Foot Fences
Adjacent to Wentworth Ditch (Staff Recommendation
dated 4/22/93, 0-93-10)
1st Reading, Set Publi= Hearing for 5/26/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 20A-5.9 OF THE
SEBASTIAN LAND DEVELOPMENT CODE, PERTAINING TO WALLS
AND FENCES; 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.
ORDINANCE NO. O-95-11 - Accessory Structures
(Staff Recommendation dated 4/22/93, O-93-11)
1st Reading, Set Public Hearing for 5/26/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, AMENDING THE LAND DEVELOPMENT CODE; AMENDING
SECTION 20A-5.5.D 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; 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; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
93'.116
93.147
93.148
93.149
93.150
10.
11.
RESOLUTION NO. R-93-20 - Agenda Deadline
(City Clerk Recommendation dated 4/22/93,
R-93-20)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-89-59,
PROVIDING FOR PREPARATION OF CITY COUNCIL AGENDAS BY
THE CITY MANAGER; ESTABLISHING ANAGENDA DEADLINE FOR
CITY COUNCIL MEETINGS; REPEALING RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-93-16 - Vacation of Easement -
Lots 13 & 14, Block 82, Unit 2, Sebastian
Highlands (R-93-16, City Engineer Memo dated
4/9/93, Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING,
AND DISCONTINUING THE PUBLIC UTILITY EASEMENTS OF THE
SOUTH FIVE FEET OF LOT 14 , AND THE NORTH FIVE FEET
OF LOT 13, BLOCK 82, SEBASTIAN HIGHLANDS UNIT 2,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/34,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE.
Ge
Approve FY 93/94 Budget Calendar (Staff
Recommendation dated 4/16/93, Calendar, Time
Table)
Sebastian Area Civic Association Scholarship
Awards Presentation - Request Fee Waiver for Use
of Yacht Club - 5/7/93 (City Clerk Recommendation
dated 4/14/93, Phelan Letter dated 4/14/93)
Warren/Weaver Wedding Reception - Request Use of
A/B at Community Center - 10/16/93 - Security
Paid - Permittee DOB 5/12/57 (City Clerk
Recommendation dated 4/15/93, Application)
PRESENTATIONS
MAYOR AND CITY COUNCIL MATTERS
A. Mrs. Norma Damp
B. Mr. Robert Freeland
C. Mayor Lonnie R. Powell
3
93.139
93.151
93.152
93.153
12.
13.
14.
D. Vice-Mayor Frank oberbeck
E. Mrs. Carolyn Corum
CITY %TTORNEY MATTERS
RESOLUTION NO. R-93-11 - Third Amendment to City
Attorney Contract (R-93-11, City Clerk Memo dated
4/20/93, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A
CITY ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO AN
AMENDMENT TO THE EXISTING CONTRACTUAL SERVICE
AGREEMENT WITH CHARLES IAN NASH FOR THE PURPOSES OF
PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING
FOR THE EXTENSION OF THE EXISTING CONTRACTUAL SERVICE
AGREEMENT BETWEEN THE CITY AND CHARLES IAN NASH;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE.
CITY MANAGER MATTERS
Report on Washington Street Curb Replacement
(City Manager Recommendation dated 4/22/93)
Report on Water and Sewer Policies (City Manager
Recommendation dated 4/22/93)
COMMITTEE REPORTS/RECOMMENDATIONS
PLANNING AND ZONING COMMISSION
Recommendations Pertaining to Appointment of
Board Members (Staff Recommendation dated
4/28/93, ~ ! ~ Letter dated 4/21/93, 12
Applications~
(1)
Appoint John W. Falke to Fill the Unexpired
Term Regular Member Position Vacated by
Norma Damp - Term to Expire 6/94
(2)
Appoint Howard Goldstein (2nd Alternate) to
Fill the Regular Member Position Vacated by
Robert Fullerton - Three Year Term to Expire
4/96
(3)
Appoint Carl Fischer (lst Alternate) to Fill
the Regular Member Position Vacated by
Stanley Krulikowski - Three Year Term to
Expire 5/96
4
93.086
93.116
93.154
15.
16.
(4)
Appoint Walter Barnes to Fill the Unexpired
Term of 1st Alternate Vacated by Carl
Fischer - Term to Expire 11/95
(5)
Appoint Jean Brantmeyer to Fill the
Unexpired Term of 2nd Alternate Vacated by
Howard Goldstein - Term to Expire 1/96
BUSINESS
NEW BUSINESS
RESOLUTION NO. R-95-14 - Side Lot Culvert (City
Engineer Recommendation dated 4/21/93, City
Attorney Letter dated 4/20/93, R-93-14,
Agreement, Application Form)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A SIDE LOT CULVERT POLICY;
ESTABLISHING COSTS; ESTABLISHING ANAPPLICATION FOR
SIDE LOT CULVERT; ESTABLISHING ANAPPLICATION FEE;
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO ENTER
SIDE LOT CULVERT AGREEMENTS; REPEALING RESOLUTION NO.
R-88-37; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
RgSOLUTION NO. R-93-19 - Publio Input (City Clerk
Recommendation dated 4/22/93, R-93-19)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-89-30,
PERTAINING TO PUBLIC INPUT AT CITY COUNCIL MEETINGS;
PROVIDING FOR DEFINITIONS; PROMULGATING GENERAL RULES
OF PROCEDURE FOR PUBLIC INPUT AND INTRODUCTION OF NEW
BUSINESS BY THE PUBLIC AT CITY COUNCIL MEETINGS;
PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO, R-93-Zl - Sixty Day Extension -
Vacation of a Portion of North Central Avenue -
Sebastian Inlet Marina (Staff Recommendation
dated 4/22/93, R-93-21, Collins Letter dated
4/19/93, smith Letter dated 4/21/93, Kalish and
Smith Letters dated 4/20/93, O-92-13)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A
TIME EXTENSION OF 60 DAYS IN REGARDS TO THE
CONDITIONS SET FORTH IN SECTION 3 OF ORDINANCE NO. O-
92-13; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
5
93.155
RESOLUTION NO. R-93-22 - Assistant Golf
Professional Job Description (Staff
Recommendation dated 4/21/93, R-93-22)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF ASSISTANT GOLF PROFESSIONAL; PROVIDING
FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF
SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING
FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
17.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
18. 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.)
PUBLIC iNPUT ON AGENDA ITEMS SIGNUP SHEET
APRIL 28, 1993 CITY COUNCIL REGULAR MEETING
(Use this form ONLY 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 than during "Public Input on Agenda Items" please note.)
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INTRODUCTION OF BUSINESS FROM THE PUBLIC
SIGNUP SHEET
APRIL 28, 1993 REGULAR CITY COUNCIL MEETING
(Use this for~ ONLY for ~resentation of ~atter$ NOT on the
prepared agenda. Introduction of Business from the Public is the
last item on the agenda)
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, APRIL 28, 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.
vice Mayor Oberbech called the meeting to order at
?:00 p.m.
The Pledge of Allegiance was recited.
Invocation was offered by Reverend Donald Swope,
Sebastian Presbyterian Church
ROLL CALL
Present:
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Absent:
Mayor Lonnie Powell (excused)
Also Present:
city Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
city Engineer/PW Director, Dan Eckis
Utilities Director, Richard Votapka
Golf Course Manager/Director,
Joseph O'Rourke
City Clerk, Kathryn O'Halloran
Secretary, Joanne Sandberg
City Council Regular Meeting
April 28, 1993
AGENDA MODIFICATIONS /ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
None
6. PROCLAMATIONS AND/OR ~NNOUNCEMENTS
Vice Mayor announced that the Sebastian River Junior
Woman's Club, one of 75 units in the state of Florida
returned from Orlando with many awards for
participation of community projects. They were also
the recipients of the "Mary Clark" award.
PUBLIC HEARING, FINAL ACTION - None
PUBLIC INPUT ON AGENDA ITEMS
J.W. Thompson, 125 Main Street spoke to Utility
Trailers, he addressed the subject as a member of
the P&Z commission and also as a private citizen.
He also spoke to Accessory Structures.
G.A. Geiger 1026 Schumann Dr., was informed he was
not signed up on the appropriate sheet to enable the
Council continuity. Staff will contact Mr. Geiger.
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.
The City Attorney, at this time, requested Council
remove Items B (Ord. No. 0-93-09) Utility Trailers and
C (Ord. No. 0-93-10) 8 foot fences adjacent to
Wentworth Ditch from the Consent Agenda.
The Vice Mayor called for a motion on these two
items.
City Council Regular Meeting
April 28, 1993
MOTION by Damp/Freeland
I so move.
VOICE VOTE ON THE MOTION CARRIED 4-0
A. Approval of Minutes - 4/14/93 Regular Meeting
93.069 B.
ORDINANCE NO. 0-93-09 - Utility Trailers
(Staff Recommendation dated 4/22/93, 0-93-09)
1st Reading, Set Public Hearing for 5/26/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE;
AMENDING SECTION 20A-5.16.C OF THE LAND DEVELOPMENT
CODE PERTAINING TO PARKING OR STORING COMMERCIAL
UTILITY TRAILERS AND CARGO TRAILERS AND COMMERCIAL
BOATS IN RESIDENTIAL DISTRICTS; AMENDING SECTION 20A-
6.1.C.14.b. OF THE LAND DEVELOPMENT CODE PERTAINING
TO HOME OCCUPATIONS; 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; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
93.146/
92.216
ORDINANCE NO- O-93-10 - Eight Foot Fences
Adjacent to Wentworth Ditch (Staff Recommendation
dated 4/22/93, O-93-10)
1st Reading, Set Publlc Hearing for $/26/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 20A-5.9 OF THE
SEBASTIAN LAND DEVELOPMENT CODE, PERTAINING TO WALLS
AND FENCES; 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.
City Council Regular Meeting
April 28, 1993
93.144 D.
ORDINANCE NO. O-93-11 - Accessory Structures
(Staff Recommendation dated 4/22/93, O-93-11)
1st Reading, Set Public Hearing for 5/26/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, AMENDING THE LAND DEVELOPMENT CODE; AMENDING
SECTION 20A-5.5.D 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; 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; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
93.116
Ew
RESOLUTION NO. R-93-20 - Agenda Deadline
(City Clerk Recommendation dated 4/22/93,
R-93-20)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-89-59,
PROVIDING FOR PREPARATION OF CITY COUNCIL AGENDAS BY
THE CITY MANAGER; ESTABLISHING AN AGENDA DEADLINE FOR
CITY COUNCIL MEETINGS; REPEALING RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
93.147
Fe
RESOLUTION NO. R-93-16 - Vacation of Easement -
Lots 13 & 14, Block 82, Unit 2, Sebastian
Highlands (R-93-16, City Engineer Memo dated
4/9/93, Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDiAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING,
AND DISCONTINUING THE PUBLIC UTILITY EASEMENTS OF THE
SOUTH FIVE FEET OF LOT 14 , AND THE NORTH FIVE FEET
OF LOT 13, BLOCK 82, SEBASTIAN HIGHLANDS UNIT 2,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/34,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE.
4
City Council Regular Meeting
April 28, 1993
93.148 G.
93.149 H.
93.150 I.
Approve FY 93/94 Budget Calendar (Staff
Recommendation dated 4/16/93, Calendar, Time
Table)
sebastian Area Civic Association Scholarship
Awards Presentation - Request Fee Waiver for Use
of Yacht Club - 5/7/93 (City Clerk Recommendation
dated 4/14/93, Phelan Letter dated 4/14/93)
Warren/Weaver Wedding Reception - Request Use of
A/B at Community Center - 10/16/93 - Security
Paid - Permittee DOB 5/12/57 (City Clerk
Recommendation dated 4/15/93, Application)
The City Manager read the consent agenda in its
entirety including all titles to Ordinances and
Resolution except for Items B & C which were
withdrawn by Council action.
Bruce Cooper, at the request of the Vice Mayor,
explained the reason and intent for Item D, O-93-11 -
Accessory Structures.
MOTION by Damp/Corum
Approve A,D,E,F,G,H, and I.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-0
Discussion followed relating to Items B & C and the
City Attorney suggested that the Council accept the
first reading on both of these ordinances and set the
public hearing Jun~ 9_~ 1993 (as opposed to May 26,
1993) and afford Planning and Zoning time to make
their recommendations to Council.
The city Attorney read 0-93-09 by title only.
MOTION by Damp/Freeland
I make a motion that we send this back for the
Planning and Zoning to go through it in their meetings
in May, continue the first hearing tonight, but to
have it sent back to us in June.
5
City Council Regular Meeting
April 28, 1993
Mrs. Damp added that this motion is accepting the
first reading and setting the public hearing for June
9, 1993.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-0
Item C - Ordinance No. 0-93-10
Eight Foot Fences Adjacent to Wentworth Ditch
This Ordinance was read by title by the City Attorney.
MOTION Damp/Freeland
I make a motion that we accept this for the first
reading and it be sent back the Council for June 9,
1993.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 4-0
10.
PRESENTATIONS
None
11.
MAYOR AND CITY COUNCIL MATTERS
A. Mrs. Norma Damp
Congratulated Mr. McClary for his perseverance in his
correspondence to Mr. Webb of F.D.O.T regarding the
U.S. #1 median left turn projects for correction
AND
The report that was included in the package on water
and sewer policy he prepared and requested that he
read that report.
6
City Council Regular Meeting
April 28, 1993
7:45 pm
Tape One
Side II
B. Mr. Robert Freeland
Questioned the policy for drug testing in the work
place. The Manager replied that the Personnel
Director was now reviewing the City's policy.
He questioned the appointment procedures for P&Z
members? City Manager replied that this was not
policy but tradition.
Cm
Mayor Lonnie R. Powell
Absent
D. Vice-Mayor Frank Oberbeck inquired as to
Laconia St. Bruce Cooper is now waiting for
the completion of a feasibility study by Mr. Hartman.
He also asked about the progress at Hardee Park and
both Dan Eckis and Bruce Cooper replied on the
condition of trees.
E. Mrs. Carolyn Corum noted that developers
are encroaching on abutting private property.
Bruce Cooper replied that a report will be
forthcoming.
She also expressed her concern for the need of a
Planner for the City.
The Vice Mayor noted that the city now has a
"Newsletter" and Barbara Corapi, receptionist, City
Clerk's office named it "City Matters".
12. CITY ATTORNEY MATTERS
The $65,000 for Sebastian Lakes has been deposited in
escrow. He noted that the Legislature had passed a
number of bills that will effect the City.
93.139
RESOLUTION NO. R-93-11 - Third Amendment to City
Attorney Contract (R-93-11, City Clerk Memo dated
4/20/93, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A
CITY ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO AN
AMENDMENT TO THE EXISTING CONTRACTUAL SERVICE
AGREEMENT WITH CHARLES IAN NASH FOR THE PURPOSES OF
PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING
FOR THE EXTENSION OF THE EXISTING CONTRACTUAL SERVICE
7
City Council Regular Meeting
April 28, 1993
AGREEMENT BETWEEN THE CITY AND CHARLES IAN NASH;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The city Attorney read Resolution No. R-93-11 by
title only.
MOTION by Freeland/Damp
Move to approve Resolution R-93-11
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 4-0
13. CITY MANAGER F.%TTER~
93.151
93.152
ae
Report on Washington Street Curb Replacement
(City Manager Recommendation dated 4/22/93)
Mr. McClary gave a very brief report on the
Washington Street curb and gutter between U.S. ~1 and
Indian River Drive and the cooperation of the F.D.O.T.
No action was requested at this time.
Report on Water and Sewer Policies (City Manager
Recommendation dated 4/22/93)
This report was for informational purposes only and
no action was requested at this time.
City Manager read his report for the record as
requested by Mrs. Damp.
Recess 8:02 P.M.
Ail members present at 8:14
14. COMMITTEE REPORTS/RECOMMENDATIONS
Mr. Freeland reported that on behalf of the City he
had attended a Victim Rights Awareness program held
in Vero Beach on Tuesday, April 27, 1993.
8
City Council Regular Meeting
April 28, 1993
PLANNING AND ZONING COMMISSION
93.153 A.
Recommendations Pertaining to ADpointment of
Board Members (Staff Recommendation dated
4/28/93, P & Z Letter dated 4~21/93. 12
Applications~
(1)
Appoint John W. Falke to Fill the Unexpired
Term Regular Member Position Vacated by
Norma Damp - Term to Expire 6/94
MOTION by Corum/Freeland
Move that we appoint Mr. John Falke to fill the
unexpired term to expire in June of 94.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-0
(2)
Appoint Howard Goldstein (2nd Alternate) to
Fill the Regular Member Position Vacated by
Robert Fullerton - Three Year Term to Expire
4/96
MOTION by Freeland/Corum
Motion to accept Mr. Goldstein as a regular
member term to expire April 1996.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-0
(3)
Appoint Carl Fischer (lst Alternate) to Fill
the Regular Member Position Vacated by
Stanley Krulikowski - Three Year Term to
Expire 5/96
9
City Council Regular Meeting
April 28, 1993
MOTION Damp/Freeland
Motion to appoint Carl Fischer to the three year
term to expire May 1996.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-0
(4)
Appoint Walter Barnes to Fill the Unexpired
Term of 1st Alternate Vacated by Carl
Fischer - Term to Expire 11/95
MOTION by Corum/Damp
Motion to accept Mr. Walter Barnes to fill the
unexpired term to November 1995
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 4-0
(5)
Appoint Jean Brantmeyer to Fill the
Unexpired Term of 2nd Alternate Vacated by
Howard Goldstein - Term to Expire 1/96
MOTION by Damp/Freeland
Motion to appoint Jean Brantmeyer to the term of
a second alternate to expire January 1996.
Mr. Freeland stated that after reviewing all the
application he felt Mr. Munsart had an extensive
background that would qualify him for this
appointment. The Vice Mayor was in agreement.
ROLL CALL: Mr. Freeland - no
Mr. Oberbeck - no
Mrs. Corum - aye
Mrs. Damp - aye
MOTION~9~RR~2-2 SPLIT VOTE
10
City Council Regular Meeting
April 28, 1993
It was the consensus of the Council to have P&Z
reconsider this appointment.
15. OLD BUSINESS
The Vice Mayor questioned the tourism study letter.
Staff to follow up.
None
16. NEW BUSINESS
93.086 A.
RESOLUTION NO. R-93-14 - Side Lot Culvert (City
Engineer Recommendation dated 4/21/93, City
Attorney Letter dated 4/20/93, R-93-14,
Agreement, Application Form)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A SIDE LOT CULVERT POLICY;
ESTABLISHING COSTS; ESTABLISHINGANAPPLICATION FOR
SIDE LOT CULVERT; ESTABLISHING AN APPLICATION FEE;
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO ENTER
SIDE LOT CULVERT AGREEMENTS; REPEALING RESOLUTION NO.
R-88-37; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. R-93-14 was read by title only by the
city Attorney.
Vice Mayor requested Dan Eckis to read the summary
statement.
MOTION by Damp/Freeland
Move that we approve the Resolution R-93-14 and
side lot culvert agreement.
Discussion followed relating to the application.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-0
11
City Council Regular Meeting
April 28, 1993
Changes (minor) by the City Attorney were noted and
incorporated into the Resolution prior to the
meeting. (R-93-14)
93.116
RESOLUTION NO. R-93-19 - Publlc Input (City Clerk
Recommendation dated 4/22/93, R-93-19)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-89-30,
PERTAINING TO PUBLIC INPUT AT CITY COUNCIL MEETINGS;
PROVIDING FOR DEFINITIONS; PROMULGATING GENERAL RULES
OF PROCEDURE FOR PUBLIC INPUT AND INTRODUCTION OF NEW
BUSINESS BY THE PUBLIC AT CITY COUNCIL MEETINGS;
PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. R-93-19 was read by the city Attorney
by title only
The city Manager explained the intent of this
resolution.
The City Attorney requested that item "H" the last
line "Discretion is given to the City Manager to
determine whether copy costs should be levied."
B__E STRICKEN.
MOTION BY Corum/Freeland
Approve Resolution R-93-19.
A brief discussion followed relating to the cost of
copies and also that 10 copies must be submitted to
the City Clerk's office for back up material.
It was also noted that citizens unable to speak at a
meeting due to time constraints will be heard at
the next meeting.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-0
12
City Council Regula Meeting
April 28, 1993
93.154 C.
RESOLUTION NO. R-93-21 - Sixty Day Extension -
Vacation of a Portion of North Central Avenue -
Sebastian Inlet Marina (Staff Recommendation
dated 4/22/93, R-93-21, Collins Letter dated
4/19/93, Smith Letter dated 4/21/93, Kalish and
Smith Letters dated 4/20/93, O-92-13)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A
TIME EXTENSION OF 60 DAYS IN REGARDS TO THE
CONDITIONS SET FORTH IN SECTION 3 OF ORDINANCE NO. O-
92-13; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. R-93-21 was read by the City Attorney
by title only.
Vice Mayor explained the intent of this Resolution.
MOTION by Corum/Freeland
Move to approve Resolution R-93-21.
Mrs. Damp questioned various reasons for this item.
8:45 P.M.
Tape 2
side 1
93.155
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-0
RESOLUTION NO. R-93-ZZ - Assistant Golf
Professional Job Description (Staff
Recommendation dated 4/21/93, R-93-22)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF ASSISTANT GOLF PROFESSIONAL; PROVIDING
FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF
SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING
FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
13
City Council Regular Meeting
April 28, 1993
Resolution No. R-93-22 was read by title only by
the City Attorney.
Joe O'Rourke, Golf Course Manager/Pro spoke to the
Council noting that this request is for a part-time
apprentice. He elaborated on the duties for this
job. The City Manager noted that this person would
fulfill all the duties of the desk clerk first on a
part-time basis, the one difference would be he/she
would be working in an apprenticeship program to
qualify for a PGA pro.
Mr. Freeland posed his concerns to O'Rourke and
referred to the Summary Statement and Job Description
Mr. O'Rourke and Mr. McClary replied.
The Vice Mayor expressed his concerns about lack of
advertisements and promotions in chronicles.
A rate increase was also discussed.
MOTION by Freeland/Corum
Move to approve Resolution R-93-22 as a part-time
position.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 4-0
17.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
Being no further business to co~m~ before the Council
the meeting· ADJOURNED at 9:10~~. P~
M~yor
City Clerk
City Council Regular Meeting
April 28, 1993
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.)
15