HomeMy WebLinkAbout0429199898.099A
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City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
SPECIAL MEETiNG
AND
QUARTERLY OPEN FORUM
WEDNESDAY, APRIL 29, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Agenda Items are Available for Inspection in the Office of the City Clerk
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
SPECIAL MEETING ITI~M$ - Items Carried Forward from April 22, 1998 Regular Meeting
A. Request by William and Mary Ingui for City to Deed Three Feet of Canal Right-of-Way (City
Manager Transmittal 4/16/98, Ingui Letter, Survey and Variance Application w/Recommendation)
98.099B
98.100
Co
Resolution No. R-98-20 - Vacation of Easement - Ingui - Lot 5, Block 104, Unit 2 Replat
(Community Development Director Transmittal 4/16/98, R-98-20, Application, Site Map, Staff
Report, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATiNG, ABOLISHING,
ABANDONINO AND DISCONTINUING THE PUBLIC UTILITY AND DRAINAOE EASEMENT ON THE SOUTH
THREE (3) FEET OF THE NORTH TEN (10) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 5,
BLOCK 104, REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 6, PAGES 87 THROUGH 87B OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONSOR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
Model 7740 Ford Tractor with 21" Terrain King (Machete) Severe Duty Boom Mower - Appropriate
$32,400 from Non-Department Budget and Approve Purchase from Robinson Equipment Company,
Inc. of Minas in the Amount $52,400 (PW/Purchasing Transmittal 4/13/98)
D. Determine Meeting Schedule for Paving Program and Capital Improvement Program
CITY COUNCIL MATTERS
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Larry Paul
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
ADJOURN SPECIAL MEETING
6. OP~D1KUM
The informal open forum provides an opportunity for members of the public to make presentations to the City
Council on #mely (ha~ng occurred within the last six months) issues appropriate to the City. Presentations
offive minutes will be allowed, however, the time may be extended to ten minutes if time allows by a majority
vote of City Council. Personal attacks on staff or Council will not be allowed. Sign-up sheets will be
available prior to the meeting and sign-up will be required. City Council will not take action on any matter
at the forum.
7. ADJOURN
ANY PERSON WHO DECLDF~ 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
(286.0105F. S.)
IN COlvIPLIANCE WITH TIlE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMgdODATION 1,23R THIS
MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT $89-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Special Meeting - (0-98-02) Wednesday, May 6, 1998 ~ 7pm
Regular Meeting - Wednesday, May 13, 1998 ~ 7pm
Regular Meeting - Wednesday, May 27, 1998 ~ 7pm
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
SPECIAL MEETING
AND
QUARTERLY OPEN FORUM
WEDNESDAY, APRIL 29, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Sullivan called the Special Meeting to order at 7:02 p.m.
The Pledge of Allegiance was recited and there was a moment of silence.
City Council Present:
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Larry Paul
~taff.Pxese~at:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kaflu-yn O'Halloran
Public Works Director, Pat Brennan
Chief of Police Randy White
Deputy City Clerk, Sally Maio
Mayor Sullivan read from an emergency statement from Indian River County Emergency Management
regarding phone solicitors asking for donations and representing themselves to be from EMS (see attached).
am~Spe~ial City Council Meeting
~n,d Public Forum
April 29, 1998
Page Two
4. SPECIAL MEETING ITEMS - Items Carried Forward from April 22, 1998 Regular Meeting
98.099A A.
Request by Willialll and Mary Ingui for CiO to Deed Three Feet of Canal Right-of-Way (Cit~
Manager Tr011l~rnittal 4/16/98, Ingui Letter. Survey and Variance Application w/Recorllrflendation)
The City Manager reiterated his recommendation for the City to give a quit claim deed for three feet
of canal right-of-way to the rear of the Ingui property, as set out in his agenda transmittal (see
attached); distributed a drawing depicting the property lines (see attached); and exhibited the
property survey on an overhead.
Vice Mayor Wininger suggested a price of $2.26 per square foot based on fair market value for a
total of $616.98. ~
Mickey Groepler, 63 7 Wimbrow Drive, Sebastian, spoke on behalf of the Inguis, stating that the
headwall was collapsing; and distributed materials showing that other properties in the area have
pools closer to the canal than this property.
Anthony Cappezoli, Wimbrow Drive, also spoke on behalf of the Inguis.
In response to Vice Mayor Wininger, the City Manager said it is the City's position that maintenance
of headwalls is the responsibility of property owners, however, the City Council could take another
position if it chose.
Mr. Neuberger expressed concern for changing the property line in the area and was in favor of a
variance. The City Manager noted that the variance had been denied by the Board of Adjustment and
the only appeal is to Circuit Court.
Discussion took place on the ability of City Council to waive code requirements. Mrs. Cartwfight
said a previous Council had asked for an ordinance to allow waivers.
The City Manager again proposed that Council either 1) take no action or 2) give the Inguis a quit
claim deed for the three feet, in which case there would be a separate deed for the three feet and the
City would retain a three foot easement.
TAPE i - TAPE II (7:50 p.m.)
MOTION by Cartwright
I move to approve the issuance of a quit claim deed and all doc and legal expenses to be paid
by the applicant for a tract of land three foot in depth along the rear lot line, reserving a drainage and
utility easement for $2.26 a square foot with all recording fees to be paid by the Inguis.
MOTION died for lack of a second.
2
Special City Council Meeting
Public Forum
29, 1998
Page Three
98.099B
MOTION by Neuberger
I'd like to make a motion that we table until we get a decision from the City Attorney, on
whether we can give a variance of the setback.
Mrs. Cartwright noted that Council cannot address the variance.
Mr. Neuberger withdrew his motion.
MOTION by Cartwright/Sullivan
I move to approve the issuance of a quit claim deed for a tract of land three foot in depth
along the rear lot line, reserving a drainage and utility easement for $2.26 a square foot with all
recording fees and legal fees to be paid by the Inguis.
Discussion took place on whether this will set precedence.
ROLLCALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - nay
Mrs. Cartwright - aye
Mr. Neuberger - aye
MOTION CARRIED 4-1 (Wininger - nay)
t~e$olution No. R-98-20 - Vacation of Eas~lncr~t - Ingui - Lot 5, Block 104, Unit 2 Replat
(Community Development Director Transmittal 4/16/98, R-98-20. Apl~lication, Site Map, Staff
]~port, Utility Letters)
A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING,
ABOLISHING, ABANDONING AND DISCONTINUING THE PUBLIC UTILITY AND DRAINAGE EASEMENT
ON THE SOUTH THREE (3) FEET OF THE NORTH TEN (10) FOOT PUBLIC UTILITY AND DRAINAGE
EASEMENT OF LOT 5, BLOCK 104, REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS UNIT 2,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGES 87 THROUGH 87B OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONSOR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
The City Manager said this request is to vacate the first three feet of the ten foot easement. The City
Clerk reconunended making Section 4 of the resolution effective upon the purchase of the three feet
of canal right-of-way by the Inguis.
The City Manager suggested language as follows: "effective on the date of closing of the sale of the
three feet adjacent to the rear property line of said Lot 5."
Special City Council Meeting
Public Forum
April 29, 1998
Page Four
MOTION by Neuberger/Cartwright
I make a motion to accept Resolution No. R-98-20 to include the changes in the effective
date in Section 4.
ROLL CALL:
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
MOTION CARRIED 5-0
The City Clerk read Resolution No. R-98-20 by title only.
98.100
LMQde17740 Ford Tractor with 2!" Terrain King (Machete) S~¥~rl Duty Boom Mower - Appropriate
$32,400 from Norl-Department Budget and ApproYe Purchase from Robinson E~t~liDment Company.
Inc. ol[Mims in the Amount $52.400 (~W/Purchasing Transmittal 4/1~3L98)
Following a brief discussion on piggybacking, the use of new equipment by Public Works and
current equipment by the Airport, and explanation of the non-departmental budget, motion was
made.
MOTION by Neuberger/Cartwright
I make a motion to approve the piggyback purchase of the new model 7740 tractor with the
21" foot terrain king machete, for the mount of $52,400 and move to appropriate $32,000 (should
be $32,400) from an undistributed line item in the non-departmental budget.
ROLL CALL: Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
D. Determine Meeting Schedule for Paving Program and Capital Impro:~?ment Budget
Vice Mayor Wininger requested a table of contents and a narrative on the Capital Improvement
Budget.
MOTION by Cartwright/Neuberger
I move to set May 11, 1998 as the special meeting.
VOICE VOTE on the motion carried 5-0.
4
Aecial City Council Meeting
Public Forum
ril 29, 1998
Page Five
E. L~iTY COUNCIL MATTERS
1. Mrs. Louise Cartwright
Advised residents when constructing pools to check surveys first
Announced the meeting between the City Manager and Chris Mora, IRC Traffic on 5/11/98
at 10 am and said she would jot down her questions for him - Mayor Sullivan said she
would like to attend - the City Manager said if any other Council members want to attend a
notice can be posted
Asked the City Manager to remind the City Attorney to draft a waiver provision
Received a consensus from City Council to review the City Attorney's retainer and
requested a copy of the retainer letter be copied to Council
2. Mr~ Chuck Ncubs:rgcr
Reported on the MPO meeting and approval of $74,000 for a consultant for the high speed
rail
Expressed strong concern for the traffic light at CR 512 West and US 1 which is not
working
Said nothing approved for Wave Street had been done so far and there was no record of any
tickets given for speeding on George
Said the car lot on US I and Main Street is parking cars on the property behind it
Thanked the City Manager for the cement vs asphalt report
3. Mr. Larry Paul
Requested a date be set for a Council Wish List meeting - the City Manager responded that
LDC workshops will have to be scheduled and that he will bring a proposed long term
schedule to the next regular meeting
Requested that a solution be found for the south city limit sign, even requesting the property
owner to allow it to be taken down
Inquired about a grant for the Good Guys property - the City Manager said the time had
expired on the grant but that Amy Adams from St. Johns was looking into other funding
Inquired about Craven Thompson and the stormwater park - the City Manager said the lake
was a deal issue and gave a lengthy report on the reasons and possible alternatives
Vice Mayor Wininger was excused from 8:35 p.m. to 8:38 p.m.
TAPE II - SIDE II (8:38 p.m.)
Special City Council Meeting
and Public Forum
April 29, 1998
Page Six
Mayor Sullivan
Inquired about a replacement for the Community Development Director - the City Manager
said he would bring a proposal to Council on 5/13/98 on whether to replace the position or
reorganize the department
Received a consensus of Council that when a regular meeting be carried over to a special
meeting the City Attorney be in attendance
Mayor Ruth Sullivan
Thanked the Sebastian Property Owners and Aware Citizens and Taxpayers for their
attendance at the County Commission meeting regarding the need for an additional EMS
unit west of US I in Sebastian
Vice Mayor Martha Wininger
Agreed with the need for a Council Wish List meeting
Reported on her orientation with the City Manager and suggested monthly tours of City Hall
for the public
Asked for a cost for the safety fence at Elkcam at the next meeting
Inquired about the complaint letter received by Council regarding the car wash on north US
1 - the City Manager said he met with the owner today and will meet with resident Mr.
Knight on Friday
Requested Fred Wininger to report on the Melrose property - Mr. Wininger said Dr. Melrose
had received a contract on the property but perhaps the new owner may be willing to do
something with the City
Said she would be adding charter revisions and surplus city property to the Wish List agenda
Thanked former Mayor Barnes for heading up the Keep Indian River Beautiful cleanup day
adjourned the Special Meeting at 8:50 p.m.
6
Adecial City Council Meeting
Public Forum
ril 29, 1998
Page Seven
6. OPEN FORUM
The informal open forum provides an opportunity for members of the public to make presentations to the City
Council on timely (having occurred within the last six months) issues appropriate to the City. Presentations
offive minutes will be allowed, however, the time may be extended to ten minutes if time allows by a majority
vote of City Council. Personal attach on staff or Council will not be allowed. Sign-up sheets will be
available prior to the meeting and sign-up will be required. City Council will not take action on any matter
at the forum.
Mayor Sullivan opened the public forum at 9:05 p.m.
Mr. Paul requested a consensus of Council that derogatory remarks from the public not be allowed.
Walter Barnes, 402 Azine_T~rra~¢,~ Sebastian
Reported on the Keep Indian River County cleanup day
Expressed concern for putting the City at risk by offering Code Enforcement positions to two city
dispatchers, one who had recent knee surgery and needs more and the other who was on disability;
asked why this had been done before dispatch is dissolved; and whether union bumping would apply
Richard Tar~lg_k~l, 1320 C0¥erbrook Lane, Sebastian
Commented on a Press Journal article regarding the EMS meeting, asking why it said it would take 5
to 6 years to establish a new station. Vice Mayor Wininger suggested Council adopt a resolution
supporting the EMS station for the 6/12/98 Emergency Services meeting
Bob Ashcroft, 785 George Street. SCba~tia_rl
Stated that Wave Street is back to square one, people are speeding and nothing is being done
Asked the City to work with Collier Creek Estates' developers to bring a new road out to Englar
Wally Kramer, 9606 Moc_l~gbkd, Micco
Requested support for a solution to City boat ramp crowding by distributing information on a
property in Roseland ~
/I~
Special City Council Meeting
land Public Forum
April 29, 1998
Page Eight
Jayne F~i~l[0. 150 (~oncha Drive, Sebastian
Questioned budgeting 3 million for paving 100 miles of City streets
Questioned using $80,000 for Schumann Park lights and instead said it should be used for street
lights
Asked whether there is an updated City inventory list
Bob Freeland, Wentworth Street, Sebastian
Questioned the status of the false alarm ordinance
Said a concrete business is still being conducted out of a home in his neighborhood
Distributed a copy of the Providence, Rhode Island home rule charter re: city residency for city
employees and requested consensus for the City Attorney to look into adding it to the ballot -
consensus was given
TAPE II - SIDE II (9:35 p.m.)
Tut Connelly, 149 Kil~_~e Dr(¥e,,Sebastian
Suggested formation of a Citizen Budget Committee
Submitted a list of 85 citizen concerns and suggestions from previous forums
Louise Kauts:nb~rg. 973 Oswego Avenue, Sebastian
Questioned the status of the green building at Barber Street Sports Complex and said it was
inexcusable to leave it in its current condition. The City Manager said he was still awaiting word
from Representative Sembler on funding.
Suggested a city sponsored farmers market at a city park
Suggested installation of restrooms at the boat ramp with left over CDBG funds. She was advised
that the funds could not be used for this purpose. The City Manager reported that he was awaiting a
response from the successful bidder on Cavcorp as to whether they would honor the mended bid
award.
$L¥~lar0i, 445 Georgia Boulevard, Sebastian
Distributed 1994 P & Z minutes regarding a requirement of Sebastian Animal Hospital on CR512 to
soundproof and discussed the existing problem of howling dogs
Objected to the lack of sidewalks at Grace's Landing
Objected to increasing golf course fees and no installation of cart paths or fencing
Said golf course rates for Sebastian residents should be less expensive
Suggested inquiring about using the Carson plat for the stormwater park
Special City Council Meeting
and Public Forum
April 29, 1998
Page Nine
l~d Salomone, 667 Dempsey Avenue, Sebastian
Said he was the resident representative on the Dempsey/Vocelle drainage project and brought to
Council's attention the dangerous slope problems, noting that one resident will have to install guard
rails on his driveway, and invited Council to come out and look at it. The City Manager affirmed
that he had been out to the site and agreed there is a problem, reported on the 4 to 1 slope used in the
design, stated the City Engineer had confirmed with FDOT that the design is proper, and discussed
possible solutions by raising the catch
??? Rose, Dempsey Avenue. Sebasti0~n
Said raising the catch basins will not solve the problem
Tut£orua~Jly, 149 Kildare Drive, Sebastian
Stated to Mrs. Kautenberg that there may be other grants available for restrooms
Mr. Neuberger discussed the relocation of electric wires across Indian River Drive
TAPE III - SIDE I (10:25 p.m.)
Fr?d Wininger, Thunderbird Drive, Sebastian
Suggested that whoever is responsible for the Dempsey/Vocelle problems be required to compensate
the City. The City Manager said the contractor or engineer cannot be held responsible if they met
design criteria.
Ed Salomone, 667 l)~m~sey Avenue, Sebastian
Said 4 to I meets criteria for highways and grates would meet criteria for 26 feet, however the road is
16 feet and it was discovered the numbers were transposed on the plans
Approved at the
'Halloran, CMC/AAE
Being no further input, Mayor Sullivan closed the public forum at 10:30 p.m.
Mayor
9
PLANNING AND ZONING COHMISSION
REGULAR MEETING c)F 2-17-94 PAGE SIX
SECONDED BY MR. FAL[{E.
ROLL CALL WAS MADE, UNANIMOUS VOTE 6-0.
HOME OCCUPATIONAL I, ICENSE
B & D SCREENING (AHENDMENT) - 642 BROOKEDGE TERRACE
MR. FRAL:'[-'IER WAS PHI;SENT.
PUBLIC HEARING WAS OPENED AT 8:12 P.H.'
MR. COOPER STATED THAT MR. FRAPPIER CURRENTLY HAS A HOME OCCUPATIONAL
LICENSE AND NOW WISHES TO PURSUE A HANDYMAN LICENSE.
24 NOTICES WERE SENT, 2 OBJECTIONS RECEIVED.
NO PUBLIC INPUT.
PUBLIC HEARING CLOSl,_D AT 8:15 P.H.
A HOTION WAS MADE BY HR. BARNES TO APPROVE THE AMENDED HOME
OCCUPATIONAL LICENSE FOR B & D SCREENING LOCATED AT 642 BROOKEDGE
TERRACE,
SECONDED BY MR. ['I[~N.'-~'\I~'L'.
ROLL CAf, L. WAS H_.%DE, UNANIMOUS VOTE 6-0.
BREAK WAS TAKEN AT 8: 20 AND RECONVEINED AT 8:26 P.M. WITH ALL MEMBERS
PRESENT.
SITE PLAN REVIEW/['L:['~[.'[C HEARING CONDITIONAL USE PERHIT -
SEBASTIAN ANIMA'L HOSP'fTAL - 433 FELLSMERE ROAD, SEBASTIAN.
PUBLIC IIEARING WAS ~PENED AT 8:26 P.M. FOR CONDITIONAL USE PERHIT.
HR. COOPER REVIE[.~+ED THE VIDEO TAPE WITH THE COHMISSIONERS OF THE
EXISTING BUILDING IN WHICll SEBASTIAN ANIMAL HOSPITAl, WISHES TO USE.
HR. COOPER ADVISED THAT IF THE CONDITI{~NAL USE PERMIT IS APPROVED
THEN THE SITE PLAN (;AN BE REVIEWED AND APPROVED. MR. COOPER READ I'HE
CONDITIONAL USE PERMIT SPECIFICATIONS FROM SECTION 20A-6.1(C)(27).
HR. COOPER STATED THAT INA PREVIOUS CASE THE CITY ATTORNEY OPINED
THAT SINCE THERE IS A R£GHT-OF-WAY BETWEEN THE PROPERTY AND A
RESIDENTIAL AREA, TECiINICALLY THIS DOESN'T ABUT A RESIDENTIAL
DISTRICT, BUT STAFF [S STILL RECOMMENDING THAT THE SCREENING IS STILL
PROVIDED ALONG THE REAR.
PUBL.[C HEARING ON THi,.' CONDITIONAL USE PERMIT WAS OPENED AT 8:35 P.H.
RANDY HOSBY WAS PRESENT AND SPOKE IN BEHALF OF THE POTENTIAL OWNER
DR. JUTRAS, WHO WAS ALSO PRESENT. MR. MOSBY SPOKE ABOUT WHAT
SERVI~CES WOULD BE PERFORMED BY DR. JUTRAS AND THE CHANGES THAT WOULD
PLANNING AND ZONING COMMISSION
REGULAR MEETING OF 2-17-94
PAGE SEVEN
BE MADE SUCH AS SOUND-PROOFING THE WALLS, A HEDGE TIIAT BUFFERS THE
PARKING AREA.
MR. JUTRAS DISCLOSED MORE spEcIFICALLY WHAT SERVICES WOULD ~E
RENDERED IN HIS OFFICE SUCH AS, VACCINATION OF ANIMALS, TREATMENT OF
SMALL ANIMALS AND EXOTICS. MR. JUTRAS STATED THEY HOPE TO,MAKE IT
LOOK AS PROFESSIONAL AS POSSIBLE.
MR. AL VILARDI OF 445 GEORGIA BOULEVARD WONDERED IF THE HEALTH
DEPARTMENT PERMIT HAS BEEN OBTAINED.
MR. COOPER STATED THAT A LETTER WAS RECEIVED FROM H.R.S. ADVISING
WHAT WILL NEED TO BE DONE TO COMPLY.
MR. VILARDI ALSO [lAD CONCERNS ABOUT THE PARKING, MEDICAL WASTE AND
DISPOSAL OF ANIMALS.
MR. COOPER STATED THAT PUBLIC INPUT iS FOR THE CONDITIONAL USE PERMIT:
ONLY AND THAT PARKING AND DISPOSAL OF MEDICAL WASTE AND'ANIMALS IS
PART OF THE SiTE PLAN, WHICH DOESN'T ALLOW PUBLIC INPUT.
MR. VILARDI ARGUED THAT THE CONDITIONAL USE CRITERIA IS PART OF THE
SITE PLAN.
MR. COOPER STATED THAT THE ATTORNEY ADVISED THAT [17 THE APPLICANT
~EETS THE CONDITIONAL USE PERMIT CONDITIONS THE PI~ANNING AND ZONING
COMMISSION IS BOUND TO APPROVE lT.
THERE WAS ~O FURTHER PUBLIC INPUT, PUBLIC HEARING CLOSED AT 9:00 P.M.
MR. COOPER HAD CONCERNS ABOUT THE SOUND-PROOFINg; AND STATED THAT
BASED UPON THE APPLICANTS ENGINEER THE BUILDING WILL BE ADEQUATEEY
SOUND-PROOFED. MR. COOPER ALSO STATED PERHAPS THE CEILING SYSTEM WILL
ALSO HAVE TO BE SOUND-PROOFED.
MR. JUTRAS HAS NO OBJECTIONS TO PUTTING A 5' SCREENING IN THE REAR OF
THE PROPERTY.
MR. FALKE MADE A MOTION TO APPROVE THE .CONDITIONAL USE OF THE
SEBASTIAN ANIMAL HOSP.[TAL AT 433 FELLSMERE ROAD PROVIDING THAT THE
SOUND-PROOFING iS iNSTALLED AND SATISFIES THE BUILDING DEPARTMENT AND
SCREENING IS PUT ACROSS THE BACK OF THE PROPERTY.
SECONDED BY MR. GOLDSTEIN.
ROLL CALL: AYES:
MR. SHROYER
MR. MUNSART
CHAIRMAN THOMPSON
MR. GOLDSTEIN
MR. BARNES
MR. FALKE
CONDITIONAL USE PERMIT APPROVED 6-0.
PLANNING AND ZONIN.J CO~'IMISSION
REGULAR ~'~EETING OF 2-17-94
PAGE EIGHT
C
IN REGARDS TO THE SITE PLAN, MR. COOPER QUESTIONED HOW DR. JUTRAS
WOULD DISPOSE OF TIlE ~IEDICAL WASTE.
'DR. JUTRAS REPLIED THAT THE DEPARTMENT OF PROFESSIONAL REGULATION
SPECiFiES THAT A LICENSED CONTRACTOR WOULD REMOVE IT. THE WASTE HAS
TO BE SEALED IN A CERTAIN WAY. DR. JUTRAS STATED THAT HE WOULD
EVENTUALI, Y LIKE TO GET A DUMPSTER FOR GARBAGE OTHER THAN MEDICAL
WASTE. HE WENT ON T(.) SAY THAT THERE ARE STRICT REGULATIONS FOR
ANI~'IALS THAT ARE PUT TO SLEEP, SUCH AS HAVING A FREEZER ON THE
PREMISES TO HOLD THE REMAINS AND A LICENSED CONTRACTOR WOULD PiCK IT
UP.
MR. COOPER ASKED WI-IAT THE DAY TO DAY OPERATIONS WOULD BE AS FAR AS
CLIENTELE, APPOINTMENTS AND NORMAL TRAFFIC.
DR. JUTRAS REPLIED THAT THERE WOULD BE MORNING OFFICE HOURS FROM 8:00
A.~'I. TO 10:(]0 A.M. [;'OR VACCINATIONS AND ANI~'IAL CARE. SURGERY WOULD
BE PERFORMED FROM 1~]:00 A.M. TO 1:00 A.M. OFFICE HOURS AGAIN IN THE
AFTERNOON. FURTHERMORE, THERE WOULD BE HIGH QUAL'£TY ANIMAL CARE AND
HE WOULD PROBABLY HAVE 1 APPOINTMENT PER HALF-HOUR, SO THERE WOULDN'T
BE EXCESSIVE TRAFFIC. AS FAR AS EMPLOYEES THERE WOULD EVENTUALLY BE
A TOTAL OF 3. WALK-iN'S ARE DISCOURAGED.
MR. FALKE HAD QUEST'IONS ABOUT EXTERIOR LIGHTING.
~IR. ~iOSBY STATED TItI:'.RE IS AN EXISTING LIGHT BUT, ADDITIONAL LIGHTS
WOULD BE PROVIDED.
A MOTION WAS MADE BY ~IR. SHROYER TO APPROVE APPLICATION FOR SEBASTIAN
HOSPITAL LOCATED AT 433 FELLS~IERE ROAD SUBJECT TO:
[. OUTSIDE S r~_)IL-It, E AREA BE INCLUDED
2. SCREENING ACROSS THE BACK OF THE S[G[IT
3. MARGINAL AC~;ESS EASEMENT
4. EXTERIOR LIGHTING
SECONDED BY FIR. BARNES.
CAf. L: AYES:
~IR. SHROYER
~lR. MUNSART
CHAIRMAN THOMPSON
~]R. GOLDSTEIN
~iR. BARNES
~IR. FALKE
~'I()'?T'(,)N ('~\I(I.~I'I",D, (.)-().
SITE PLAN REV.rEW/CONI~[TIONAL USE PERMIT
STEVENSON HOUSE BEI) & BREAKFAST - 805 INDIAN RIVER DRIVE
PUBI, IC HEARING OPEN~.D AT 9:21 P.M.
18 NOTICES WERE SEN'F, NO OBJECTIONS, 3 RECOMMENDATIONS.
.)
1207 HOME RULIC CHARTER 1210
school board, the members of all boards, commissions and authori-
ties Whose members are appointed by the mayor With 'Or withoo~
city COuncil appr6Vel and those' appointed o~'elected'bY the city
~ancil, all department heads, deputy-d~partmont heads and ail'
~rs0ns serving in pceitione of whatever sort that are specifically
established by the provisione of this Charter.
1208. Oath of of flee; entry upon duties Of office.
(a) All officers of the city am defined i]~ section 1205 of this a~ticle
shall take and subscribe the following oath of qffice:... '. ..
"I do solemnly swear (or affirm) that I will support the Consti~-'-
tution of th~ United St*te~ and the $~ate of Rhode Island,
the Providence Home Rule .Charter. end that I Will faithfully
discharge the duties of such office to the best of my ability;',.
· -d ,h l file .Uch o, th. day ce,Seed by e.offca, bei0 wh'om
warn taken, in the office of the city clerk
'(b) Officers who are elected at regular or special city elections
shall enter upon their duties am provided in m~tion 202; Appointive
officers and officers who are elected at other than regular city else*
tions Shall enter-upon, their duties within fiftsen (15) day~ next
following certification of their election or appointment. If any offi-
car shall willfully neglect to take and subscribe his oath of oft'we
within said period of fifteen (15) days. the city council may by
~es01ution in ~uch case declare the office vacant, and such vacancy
shall be filled am provided in this Chart~.
1209. Separability. '
The unconstitutionaiity or invalidity of any section or part thereof
of this Charter sludi not invalidate or impair the validity, force or
effect of any other section or part thereof unlmm it clearly appears
from the context that such other section or part thereof is wholly
and necessarily dependent for its operation upon tho ~ction or part
thereof held unCOnstitutional or invalid.
1210. Residence requirement; exemptions.
Ail officers of the city as defined'in section 1207, and all em-
ployees of the city and of any and all agencies and instrumental-
Supl~ No. 2 211
I210 ..: PRQVIDENCE HOME RULE CHAR~R
!ties .th..ereof, including all employe~s of the school department
and the department of public safety, shall be residents of the city
durin, g such employment; provided, however, that any person ero:
p.lOyed by .th~ city on th~ dpte upon' which this previa{on ta.k. es
effect shall not be subject to the foreggin, g provision. Persons not
residents of the city may be appointed, or engaged for.employment
on the condition that within six [6) months o£such appointment-or.
engagement they shall become residents of the city. Residence.
Shall b~ defined- for~'urposea of this eection'as l~ei~ig domiciled in
the City of Providence according to the definition of domicile set
fo.rt.h,~in section 206. Any officer or employee of the city who,
dui-ingemPlo~nent, ceases to be a resident shall forfeit hiso~ her
position. ~n .the employ of the city. I~ shall be the duty of the
director o.f personnel to monitor this residency requirement on a
timely basis and report any violations to the mayor and .city counCil
for aliprol~riate ~tion. Upon certification by the;mayor that after
diligent search 'no Person with proper'qUalifications can be found
to fill a particular position among residents of. the city, the city
council may exempt a rlonresident emplOYee from the PrOVisions
o[thi.s section. " '~ ' '
(Res... No.- 481, 10-13;90; Res. No~ 482, 10.13-90; Res. No. 483,
Ed!tot's t3ote~Res.' No,, 402, adopted Sept, 11, 1992, providing for enforceme~L
of residency requirements, § 1210, was approved by the voters at the general
election Nov. 3, 1992.
1211. Bonds of officers and employees.
The city'council may require any officer ofthecity as defined in
section 1207 above, and any employee of the city, to give a bond
to i~edeposited with the city greasurer for the faithful and p~opbr
perfor/rm, ncc oi~ the duties of such office or employment with such
.st~rety'and in 'such ..amount as the qity council may de~-m' neces~
8upp, No. 2 212
[The next page is 223]
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QUARTERLY OPEN FORUM
SIGN-UP SHEET
APRIL 29, 1998
The informal open forum provides an opportunity for members of the public to make presentations to the City
Council on timely (having occurred within the last six months) issues appropriate to the City. Presentations
offive minutes will be allowed, however, the time may be extended to ten minutes by a majority vote of City
Council, if time allows. Personal attacks on staff or Council will not be allowed. Sign-up sheets will be
available prior to the meeting and sign-up will be required. City Council will not take action on any matter
at the forum.
Name:
Address:
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, ~ '(":".
Address:
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Address: " .... ' ;' '
Subject:
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Address: ~/ ~:'' ,,,5" : .' ' '
Subject: :~'~ ' " '"" {
2