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HomeMy WebLinkAbout0429199898.099A 2. 3. 4. 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] 125 feet PROPERTY LINE PROPOSED 3 FOOT PURCHASE 13' +/- ~ PLATTED CANAL- canal water iJI~ADWALL 125 feet PROPERTY LINE PROPOSED 3 FOOT PURCHASE PLATTED CANAL- EADWALL canal water ,.90, o,,_ ~ ' ',,' o, c,' '-~ "- ,.~'- , o, m"-'~ o:c ,~:-6 ~.~,, ',,,'" .o.,., >., _-- ~,-~-~ c~ m~ml'~.~ c ~, m~.ml'° ~ .~_ :::, ~ ~ c._,,'~ ~[0 I r-I~_l ~1 0_1~ ['-[ 0)1 ~ 0 I'~ "OI .'~'~.! ~ o -- ~' :~ ~ o 'o,'o,"o,"o'~ >', x ~ 'o' ~':~' ~, ~,'~ ,, '"'"'."'-"' e ~, ..90 ~ -o . ~ i ~ ] ~ ~ ~ ~ , ~ I ~m~ i ~I ~ ~I C[ ClCl ~,~ ~ [ ~ ] I [ I ~ r 0 0 0 ~ ¢ ~ I ..... L_~L~ ........ ~ ...... L_..~ ..... . _. ~ ~:._.~._.t_~~-~ =~.=~__.~ ,, ._ · _.-: ._.s .... { ........... m 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: Subject: Name: Address: Subject: Subject: Name: Address: Subject: , ~ '(":". Address: Subject: Address: " .... ' ;' ' Subject: Name: , Address: ~/ ~:'' ,,,5" : .' ' ' Subject: :~'~ ' " '"" { 2