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HomeMy WebLinkAbout05241995 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [::] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 24, 1995 FOLLOWING WORKSIIOP CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTE1) IN THE OFFICE OF THE CITY CLERK- 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-95-23) [, CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - No One Available ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-23) PROC LAMATIONS AN D/OR ANNOUNCEMENTS 95.032 PUBLIC H'EARING, FINAL ACTION The normal order of business./br public hearings (R-95-23) is as./bllows: Mayor Opens Hearing Attorney Reads Ordinance or Resolution Staff Presentation Public Input Staff Summation Mayor ('..loses Hearing Council Action Please note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing City Council. ORDINANCE NO. 0-95-12 - Antique Shops, Consigmnent Shops, Secondhand Stores in General Commercial Zoning Districts - Repeals 0-95-05 (0-95-12) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTIONS 20A-2.5.C.6, 20A-2.5.C. 13., 20A-6.1 .C. 18 AND 20A-3.10.B. AND C. 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 95-05; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 4/26/95, Advertised Legal Notices 5/10/95, PH 5/24/95) 2 CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. 7here 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. A. Approval of Minutes - 5/10/95 Regular Meeting 95.094 gA RESOLUTION NO. R-95-29 - Vacation of Easement (City Clerk Transmittal dated 5/10/95, R-95-29, Survey, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE WEST SIX FEET OF LOT 12 AND THE EAST SiX FEET OF LOT '13 PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 247, SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37E, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 95.095 RESOLUTION NO. R-95-32 - Requesting FDOT to Install Median Cut on U.S. I at Bm'ber Street (City Clerk Transmittal dated 5/18/95, R-95-32) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE METROPOLITAN PLANNING ORGANIZATION TO CREATE A MEDIAN CUT ON U.S. 1 FOR BARBER STREET, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 95.096 Bid Award ~ City of Sebastian Telephone System - Bell South - $33,784.45 (Director of Community Development Transmittal dated 5/16/95, Bid Specs, Addendum, Bid Descriptions, Bid Tabulation, Bid Clarifications) 95.097 Bid Waiver - Clearbrook Street Culvert Pipe Replacement - Approve Purchase of Pipe - Southern Culvert Pipe - Indian River County Commodities Price - $43.99 Per Foot - $2,463.44 Total (Director of Public Works Transmittal dated 5/16/95, Drawing, Commodities Contract) 95.091 Sebastian Jaycees - Request Collection of Donation at Community Center - Dance Mania Iii - Kidney Transplant Benefit - 6/23/95 - 6 p~n to 10 pm - Security Paid (City Clerk Transmittal dated 5/8/95, R-94-50 Excerpt, Application) 95.021 Craft Club of Sebastian - Request Use of Riverview Pm'k - Annual Shows - 10/7/95 (10/8/95 Raindate), 11/4/95 (11/5/95 Raindate), 12/2/95 and 12/3/95, 1/6/96 (1/7/96 Raindate), 2/3/96 (2/4/96 Raindate), 3/2/96 (3/3/96 Raindate) (City Clerk Transmittal dated 5/16/95, Waters Letter dated 5/11/95) 9. PRESENTATIONS - None 10. COMMITTEE REPORTS/RECOMMENDATIONS 11. OLD BUSINESS 95.028 RESOLUTION NO. R-95-24 - Native Tree List (Director of Community Development Transmittal dated 4/10/95, R-95-24) Tabled at 5/10/95 Regular Meeting to this Agenda - Requires Motion to Remove from the Table 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 12. 95.098 95.047 95.047 Costa Drainage Issue - Swales, Ditches and Culverts (City Manager Transmittal dated 5/16/95) NEW BUSINESS Rank Stormwater Engineering Consultants and Direct City Manager to Begin Negotiations (City Manager Transmittal dated 5/15/95, Rating Sheet) Award of Franchise - Residential Refuse Collection Services - Capital Sanitation d.b.a. R & R Corporate Systems, Inc. - $6.30 Monthly (City Manager Transmittal dated 5/9/95) ORDINANCE NO. 0-95-09 - Exclusive Residential Solid Waste Collection Franchise Agreement w/Capital Sanitation d.b.a. R & R Corporate Systems, Inc. (See Transmittal Above, 0-95-09) 1st Reading, Sche&de Public Hearing AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO CAPITAL SANITATION d.b.a./R & R CORPORATE SYSTEMS, INC.; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO BE PERFORMED; PROVIDING FOR RESIDENTIAL COLLECTION; PROVIDING SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES; PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEES AND PROVIDING FOR AN EFFECTIVE DATE. 5 95.099/ 94.282 Do ORDINANCE NO. O-95-13 - Annexation - U.S. 1 - Three Parcels - Four Acres (Director of Community Development Transtnittal dated 5/18/95, 0-95-13) 1st Reading, Schedule Public Hearing for 6/14/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION; ANNEXING A PARCEL OF LAND LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF THREE PARCELS WHICH TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 95.099/ 94.282 ORDINANCE NO. O-95-14 - Rezoning - U.S. 1 Three Parcels - Four Acres (Director of Community Development Transmittal dated 5/18/95, 0-95-14) 1st Reading, Schedule Public HearingJbr 6/14/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF THREE PARCELS WHICH TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CiTY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY, FROM INDIAN RIVER COUNTY RM-6 (RESIDENTIAL MULTI-FAMILY, 6 UNITS PER ACRE) TO CG (GENERAL COMMERCIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 95.013 95.100 95.101 95.102/ 94.047 13. 14. Proposed Atnendment to Land Development Code Re: Accessory Buildings - Schedule i st Reading 6/14/95 (Director of Community Development Transmittal dated 5/9/95, Proposed Ordinance, P & Z Memo dated 4/21/95) Approve Municipal Lease-Purchase Agreement - Backhoe - Falcon Power - Option One or Two (Director of Public Works Transmittal dated 5/16/95, Lease Options) RESOLUTION NO. R-95-30 - Communications Workers of America/City of Sebastian - Collective Bargaining Agreement (Director of Personnel Transmittal dated 5/17/95, R-95-30, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING A CONTRACT BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATIONS WORKERS OF AMERICA, FOR THE PERIOD FROM 5/25/95 THROUGH AND INCLUDING 9/30/97; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Conceptual Approval Agreement Re: Acquisition of Single-Family Lots in Sebastian Highlands Unit 17 for Habitat Conservation Plan (Director of Community Development Transmittal dated 5/16/95, DeBlois Letter dated 5/5/95, Conceptual Approval Agreement) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker CITY COUNCIL MATTERS A. Mr. Ray~nond Halloran B. Mayor A~thur Firtion C. Vice Mayor Carolyn Corum 95.103 RESOLUTION NO. P~-95-3 [ - Supporting indian River County in its Efforts to Restore Old Courthouse (City Clerk Transmittal dated 5/18/95, R-95-31, Stanbridge Letter dated 5/15/95 w/attached Fact Sheet) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF INDIAN RIVER COUNTY, IN ITS OWN EFFORTS TO RESTORE AND REHABILITATE THE OLD INDIAN RIVER COUNTY COURTHOUSE LOCATED AT 2145 14TH AVENUE, DOWNTOWN VERO BEACH. D. Mrs. Louise Cartwright E. Mrs, Norma Daml~ 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (O 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. PUBLIC INPUT ON AGENDA ITEMS SIGN-UP SHEET MAY 24, 1995 REGULAR MEETING USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT HEARiNGS WHICH HA VE THEIR OWN SIGNUPS SHEETS-TIME LIMIT OF 10 MINUTES PER SPEAKER Address: &~*~ / .; Agenda Item No. ~d Title: ~',a ~7 ~~,,~-,:,'~ ~,}~ (,(.(~.4 ~'~'v~ Agenda item No. and Title: Agenda Item~No. and Title Narrie: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: Address: Agenda Item No. and Title: ~_.. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET MAY 24, 1995 REGULAR MEETING USE THIS FORM ~ FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Subject: ~~ (~ ~'~J~A ~ ............ Naille~ Address: Subject: Name: Address: Subject: PUBLIC HEARING SIGN-UP SHEET MAY 24, 1995 95.032 ORDINANCE N_.O, O-95-12 - Antique Shops, Consignment Shops, Secondhand Stores in General Commercial Zoning Districts - Repeals 0-95 -05 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 95-05; AND PROVIDING FOR AN EFFECTIVE DATE. Name Address For Against Information Name Address For Against Information Name Address City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, MAY 24, 1995 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 122.$ MAIN STREET, SEBASTIAN, FLORIDA At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for action. Substantive decisions may not be made at workshops. 1. Mayor Firtion called the Workshop to order at 6:35 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corem Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran (arrived 6:48 p.m.) Staff Present: City Manager, Joel L. Koford City Attorney, Clifton A. McClelland, Jr. Deputy City Clerk, Sally Maio Secretary, Linda Galley AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present None. City Council Workshop May 24, 1995 Page Two WORKSHOP ITEMS A. Stormwater Engineering Consultant Presentations (City Manager T~ransmittal dated 5/15/95, Rating Shee0 Consulting finns gave ten minutes presentations to City Council followed by ten minute City Council questions as follows: 1) Applied Technology 2) Craven Thompson & Associates Tape I - Side II (7:03 p.m.) 3) Professional Engineering Consultants, Inc. 6. Being no further business, Mayor Firfion adjourned the Workshop at 7:35 p.m. Approved at the Meeting. , 1995, Regular City Council Arthur L. Firtion, Mayor . Kathryn 37L. 0 'H._alloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 24, 1995 FOLLOWING WORKSHOP CITY COUNCIL CHAMBERS 1225 MAIN STREET ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 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-95-23) Mayor Firtion called the meeting to order at 7:40 p.m. The Pledge of Allegiance was recited during the preceding workshop. No one was available for invocation. ROLL CALL City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corem Mrs. Louise Cartwfight Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel Koford City Attorney, Clifton McClelland, Jr. Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Secretary, Linda Galley Regular City Council Meeting May 24, 1995 Page Two o AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-23) The City Manager requested that City Council removed Consent Agenda item 8D (Phone Bid), Old Business item 1 lA (R-95-24), and New Business item 12G (Lease/Purchase Backhoe). Vice Mayor Corum requested that Resolution No. R-95-31 be moved from her matters to Consent Agenda item H. MOTION by Corum/Cartwright I'd like to move the approval to move Resolution No. R-95-31 to consent agenda as item H of the consent agenda. ROLL CALL: Vice Mayor Corem Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion - aye - aye - aye - aye MOTION CARRIED 5-0 MOTION by Comm/Cartwright I make a motion to pull item D of the consent agenda on behalf of Mr. Koford. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 2 Regular City Council Meeting May 24, 1995 Page Three MOTION by Halloran/Damp I'd like to add to the agenda a discussion and vote to establish a date for a first public hearing regarding the contract to sell the water and sewer utilities. (New Business as 12j) ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 MOTION by Corum/Cartwright I'd like to postpone Resolution No. R-95-24 on behalf of the City Manager. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 3 Regular City Council Meeting May 24, 1995 Page Four MOTION by Corem/Damp On behalf of Mr. Koford, I'd like to postpone item G of New Business. ROLL CALL: Mayor Firfion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS None. PUBLIC HEARING~ FINAL ACTION The normal order of business for public hearings (R-95-23) is as follows: Mayor Opens Hearing Attorney Reads Ordinance or Resolution Staff Presentation Public Input Staff Summation Mayor Closes Hearing Council Action 4 Regular City Council Meeting May 24, 1995 Page Five 95.032 A. ORDINANCE NO. O-95-12 - Antique Shops, Consigmnent Shops, Secondhand Stores in General Commercial Zoning Districts - Repeals 0-95-05 (0-95-12) 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 95-05; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Firtion opened the public hearing at 7:45 p.m. and the City Attorney read Ordinance No. O-95-12 by title only. The Director of Community Development explained the amendment. Mayor Firfion closed the public hearing at 7:47 p.m. MOTION by Cartwright/Halloran I move that we approve Ordinance No. O-95-12. 5 Regular City Council Meeting May 24, 1995 Page Six ROLL CALL: Vice Mayor Corem Mrs. Cartwfight Mrs. Damp Mr. Halloran Mayor Firtion - aye - aye - aye - aye MOTION CARRIED 5-0 CONSENT AGENDA All 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. A. Approval of Minutes - 5/10/95 Regular Meeting 95.094 Bo RESOLUTION NO. R-95-29 - Vacation of Easement (City Clerk Transmittal dated 5/10/95, R-95-29, Survey, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE WEST SIX FEET OF LOT 12 AND THE EAST SIX FEET OF LOT 13, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 247, SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI-6-37E, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. 6 Regular City Council Meeting May 24, 1995 Page Seven 95.095 C. RESOLUTION NO. R-95-32 - Requesting FDOT to Install Median Cut on U.S. 1 at Barber Street (City Clerk Transmittal dated 5/18/95, R-95-32) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE METROPOLITAN PLANNING ORGANIZATION TO CREATE A MEDIAN CUT ON U.S 1 FOR BARBER STREET, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 95.096 Bid Award - City of Sebastian Telephone System - Bell South - $33,784.45 (Director of Cmunmnity Development Transmittal dated 5/16/95, Bid Specs, Addendmn, Bid Descriptions, Bid Tabulation, Bid Clarifications) 95.097 Bid Waiver - Clearbrook Street Culvert Pipe Replacement - Approve Purchase of Pipe - Southern Culvert Pipe - Indian River County Commodities Price - $43.99 Per Foot - $2,463.44 Total (Director of Public Works Transmittal dated 5/16/95, Drawing, Commodities Contract) 95.091 Sebastian Jaycees - Request Collection of Donation at Community Center - Dance Mania II - Kidney Transplant Benefit - 6/23/95 ~ 6 pm to 10 pm - Security Paid (City Clerk Transmittal dated 5/8/95, R-94-50 Excerpt, Application) 95.021 Craft Club of Sebastian - Request Use of Riverview Park - Annual Shows- 10/7/95 (10/8/95 Raindate), 11/4/95 (11/5/95 Raindate), 12/2/95 and 12/3/95, 1/6/96 (1/7/96 Raindate), 2/3/96 (2/4/96 Raindate), 3/2/96 (3/3/96 Raindate) (City Clerk Transmittal dated 5/16/95, Waters Letters dated 5/11/95) 7 Regular City Council Meeting May 24, 1995 Page Eight 95.103 H. RESOLUTION NO. R-95-31 - Supporting Indian River County in its Efforts to Restore Old Courthouse (City Clerk Transmittal dated 5/18/95, R-95-31, Stanbridge Letter dated 5/15/95 w/attached Fact Shee0 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF INDIAN RIVER COUNTY, IN ITS EFFORTS TO RESTORE AND REHABILITATE THE OLD INDIAN RIVER COUNTY COURTHOUSE LOCATED AT 2145 14TH AVENUE, DOWNTOWN VERO BEACH. The City Manager read the consent agenda and the City Attorney read titles for Resoluton No. R-95-29, R-95-32 and R-95-31. MOTION by Cartwright/Corum I move we approve items A, B, C, E, F, G and H of the consent agenda. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 9. PRESENTATIONS None. 10. COMMITTEE REPORTS/RECOMMENDATiONS None. Regular City Council Meeting May 24, 1995 Page Nine 11. OJ~l) BUSINESS 95.028 A. RESOLUTION NOLR-95-24 - Native Tree List (Director of Community Development Transmittal dated 4/10/95, R-95-24) Tabled at 5/10/95 Regular Meeting to this Agenda - Requires Motion to Remove.from Table 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 EFECTIVE DATE. This item was removed under Agenda Modifications. 95.068 Bo Costa Drainage Issue - Swales, Ditches, and Culverts(Cily Manager irr~smittal dated 5/16/95) Dave Costa, 499 Concha Drive, Sebastian, reiterated his request for assistance with his drainage problems. Councilmember Cartwright recommended that the City live up to commitments made in March by staff. Following a lengthy discussion, motion was made. MOTION by Cartwright/Damp I move that the City, at its own expense, retrofit the driveway culvert per information given by Bruce Cooper in his March 8 letter and subsequent documents. MOTION to Amend by Halloran/Damp I move that this approval be a non-precedent setting resolution. 9 Regular City Council Meeting May 24, 1995 Page Ten TAPE I - SIDE II (8:30 p.m.) The City Attorney said there was no liability for the City. ROLL CALL on the Amendment: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright - aye - aye - aye - aye MOTION CARRIED 5-0 ROLL CALL on the Main Motion: Mr. Halloran Mayor Firtion Vice Mayor Corem Mrs. Cam~ght Mrs. Damp - aye - aye - aye - aye MOTION CARRIED 5-0 Mrs. Cartwright suggested that staff review the ordinances with the City Attorney and stormwater consultants. 12. NEW BUSL~13$$ 95.098 Ao Ranl~ ~t.ormwater Engineering Consultants and Direct City Manager to Begill Negotiations (City Manager Transmittal dated 5/15_/95, Rating Sheet) Mayor Firtion announced the rank order: Craven, Thompson; Professional Engineering Consultants; and Applied Technology. MOTION by Comm/Halloran I make a motion for Mr. Koford to negotiate a contract with Craven, 10 Thompson and Associates, Inc. Regular City Council Meeting May 24, 1995 Page Eleven as the first choice. ROLL CALL: Mayor Firtion Vice Mayor Corem Mrs. Cmwdght Mrs. Damp Mr. Halloran - aye - aye - aye - aye MOTION CARRIED 5-0 95.047 Award of Franchise - Residential Refuse Collection Services - R & R Corporate Systems, Inc. d/b/a Capital Sanitation - $6.30 Monthly (City Manager Transmittal dated 5/9/95) John Kanfoush, 1417 Seahouse Street, Sebastian, requested that handicap pickup continue. Frank Gomez, Browning-Ferris Industries, the current franchisee, commented on the service he had provided for the past three years and inquired about Capital Sanitafion's background. The City Attorney had previously submitted a proposed motion to City Council, advised amendments to the ordinance relative to reversal of the corporate and business names in all occurrences, insurance amounts should state "$300,000.00", minor language amendment to section 8.17, and to add $5.00 to item 1 and delete it from item 7 on page 27. He noted that a public hearing on the ordinance will be required, recommended June 14, at which time all agreement should be signed and all conditions would have to be met. He recommended a provision for handicap pickup. Ronald Rigby, Capital Sanitation, addressed City Council, responding to Inquiries from City Council. He agreed to provide handicap pickup. MOTION by Corem/Damp I'd like to make a motion. My motion is based on such a small fleet of two compactors, I don't believe that will be sufficient for the City and I would like to move to go against staff recommendation to award the contract to R & R Corporation dba Capital Sanitation. 11 Regular City Council Meeting May 24, 1995 Page Twelve ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwdght - nay Mrs. Damp - aye Mr. Halloran - nay Mayor Firtion - nay MOTION FAILED 2-3 (Cartwright, Halloran, Firtion - nay) MOTION by Cartwright/Halloran I move to send R & R Corporate Systems, Inc d/b/a Capital Sanitation a notice of the award of the contract for a three year period commencing July 1, 1995. The notice will specify the approval is subject to conditions as follows: 1. The terms and conditions of the contract as approved after the adoption of Ordinance 0-95-09. 2. The contractor must provide prior to execution of the contract items as follows: A. Evidence of insurance coverage in the amount of $300,000.00 per person and per incident. (Par 8.9c). B. A performance bond, cash or security deposit agreement approved by the City Attorney and City Manager. (Par 8.13). C. Equipment inventory(Par. 8.16). D. Location and telephone number of the office located within the City of Sebastian. (Par 8.19). 3. If the Contractor fails to execute the contract as approved in the ordinance or provide the items listed in 2A through D, on or before June 14, 1995, this award shall be null and void. No rate increase shall be permitted after the first year of the contract unless there is an increase in property taxes, disposal charges or fuel charges as set out in paragraph 8.4 of the contract. TAPE II - SIDE I (9:15 p.m.) ROLL CALL: Mrs. Cartwfight Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corem - aye - aye - aye - nay MOTION CARRIED 4-1 (Corum - nay) 12 Regular City Council Meeting May 24, 1995 Page Thirteen 95.047 C. ORDINANCE NO. 0-95-09 - Exclusive Residential Solid Waste Collection Franchise Agreement w/R & R Corporate Systems, Inc. d/b/a Capital Sanitation (See Transmittal Above) 1st Reading, Schedule Public Hearing AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO R & R CORPORATE SYSTEM, INC. d.b.a. CAPITAL SANITATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO BE PERFORMED; PROVIDING FOR RESIDENTIAL COLLECTION; PROVIDING SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES; PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEES AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-95-09 by title only and reiterated the changes. MOTION by Cartwright/Halloran I move we adopt Ordinance No. 0-95-09 as amended and set the public hearing for June 14, 1995. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - nay Mrs. Cartwright - aye MOTION CARRIED 4-1 (Corum - nay) 13 Regular City Council Meeting May 24, 1995 Page Fourteen 95.099/ D. 94.282 ORDINANCE NO. O-95-13 - Annexation - u.s. 1 - Three Parcels - Four Acres (Director of COmmunity Development Transmittal dated 5/18/95, 0-95 - 13) 1st Reading, Schedule Public Hearing for 6/14/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION; ANNEXING A PARCEL OF LAND LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF THREE PARCELS WHICH TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. I, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-95-13 by title only. MOTION by Halloran/Cartwright I move that we accept the first reading of Ordinance No. O-95-13 and schedule public heating for June 14, 1995. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 14 Regular City Council Meeting May 24, 1995 Page Fifteen 95.099/ E. 94.282 ORDINANCE NO. O-95-14 - Rezoning - U.S. 1 Three Parcels - Four Acres (Director of Community Development Transmittal Dated 5/18/95, 0-95-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY LOCATED 1N THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF THREE PARCELS WHICH TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY, FROM INDIAN RIVER COUNTY RM-6 (RESIDENTIAL MULTI-FAMILY, 6 UNITS PER ACRE) TO CG (GENERAL COMMERCIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-95-14 by title only. MOTION by Damp/Halloran I move to accept the first reading of Ordinance No. O-95-14 and set a public hearing for June 14, 1995. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 15 Regular City Council Meeting May 24, 1995 Page Sixteen 95.013 F. Proposed Amendment to Land Development Code Re: Accessoj~ ISl~ildil~gs - Schedule 1st Reading 6/14/95 (Director of Community l)ev_el.oplxl¢l~t Transmittal dated 5/9/95, Proposed Ordinance, P & Z Memo dated 4/21/95) MOTION by Damp/Cartwright I move to set the 1st reading of this Ordinance for June 14, 1995, Ordinance No. O-95-19. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 95.100 Approve Municil~al Lea~e-purchase Agreement - Backhoe - Falcon Power - Option One or Two (Director Qf l~ublic Works Transmittal dated 5/16/95, Lease Options) This item was previously removed during Agenda Modifications. 95.101 RESOLUTION NO. R-95-30 - Communications Workers of America/Cit7 ofSebasti~ - Collective Bargaining Agreement (Director of Personnel Tran~mitta! dated 5/17/95, R-95-30, Agreement Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, 1NDiAN RIVER COUNTY, FLORIDA, RATIFYING A CONTRACT BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATIONS WORKERS OF AMERICA, FOR THE PERIOD FROM 5/25/95 THROUGH AND INCLUDING 9/30/97; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 16 Regular City Council Meeting May 24, 1995 Page Seventeen The City Attorney read Resolution No. R-95-30 by title only. Vice Mayor Corum expressed concern for total costs for all employee increases. MOTION by Cartwright/Damp I move that we adopt Resolution No. R-95-30 and ask the City Manager to enter into the agreement with CWA effective 5/25/95. ROLL CALL: Mrs. Cartwdght - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - nay MOTION CARRIED 4-1 (Corum - nay) 95.102/ 94.047 Conceptual Approval Agreement Re: Ac~luisitJon of Single-Family Lots in Sebastian Higlflands Unit 17 for Ital>Jtat Conservation Plan (Director of Community Development Trammittal dated ~/16/95, DeBlois Letter dated $/5195, Conc~tual Approval Agreement) The Director of Community Development submitted an addendum to the conceptual approval agreement and explained it to City Council. He also submitted a recommended motion. He noted that a final interlocal agreement will be brought back to City Council. The City Attorney advised that the blank lines on certain pages of the agreements have "Indian River County" inserted and recommended that conditions in Mr. Coopers memo be included in the motion. 17 Regular City Council Meeting May 24, 1995 Page Eighteen MOTION by Cartwright/Damp I move to authorize the Mayor and City Clerk to sign the conceptual approval agreement for the Florida Communities Trust and permit conditional delivery of the agreement subject to the following conditions: 1. Indian River County will be liable for all fiscal and management responsibilities and obligations incurred by this agreement. 2. An interlocal agreement must be executed by Indian River County and the City of Sebastian delineating the responsibilities and liability of Indian River County and the City of Sebastian within 120 days of May 24, 1995, or this agreement is null and void. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Establish Public Heating for Utility Sale The City Attorney advised that perhaps staff could extend the invitation for Indian River County officials to conduct a joint meeting with City Council. MOTION by Halloran/Damp I move that we set a date for the first reading of the public heating for sale of the utilities for June 28, 1995. The City Manager said he would contact Indian River County and report back prior to June 14, 1995. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 18 Regular City Council Meeting May 24, 1995 Page Nineteen 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes per speaker (R-95-23) Walter Barnes, 402 Azine Terrace, Sebastian, inquired about the parking ordinance and the cost to residents if Indian River County purchases the utility. The City Manager advised him that the parking ordinance would have a first reading on June 14, 1995 and requested that Mr. Barnes contact him tomorrow morning for cost figures. Wally Kramer, Micco, discussed scrub lot purchase issues. TAPE II - SIDE II (10:00 p.m.) Mr. Kramer's input continued relative to his concern that the Goodwill Collection site does not benefit local needy. Richard Taracka, Coverbrook Lane, Sebastian, expressed concern for Sebastian Sun articles relative to the utility purchase. 14. CITY COUNCIL MATTERS A. Mr. Raymond Halloran None. Mayor Arthur Firtion The City Manager confmned Mayor Firtion's inquiry as to whether utility rates will have to be raised if the County does not purchase the utility to comply with bond covenants. 19 Regular City Council Meeting May 24, 1995 Page Twenty C. Vice Mayor Carolyn Corem Vice Mayor Corem stated that Council is aware when people state things that are misleading at the podium. D. Mrs. Louise Cartwr~t Mrs. Cartwright asked the City Manager to make the white paper on the utility available to the property owners and thanked the Personnel Director for her efforts in union negotiations. E. Mrs. Norma Damp Mrs. Damp inquired about the Director of Community Development memo relative to temporary signs; requested the City Manager to send a letter to Sandra Mortham, Secretary of State, inviting her to be grand marshall in the 4th of July parade; asked why the bikepath on Indian River Drive was delayed; inquired about tree survey requirements and about the wisdom of engineering survey requirements relative to drainage. 15. CITY ATTORNEY MATTERS None. 16. CITY ATTORNEY MATTERS None. 17. Being no further business, Mayor Firtion adjourned the Regular Meeting at 10:15 p.m. 20 Regular City Council Meeting May 24, 1995 Page Twenty One Approved at the ~ 1995, City Council Meeting. Arthur L. Firtion, Mayor Kathryn°M. O Halloran, CMC/AAE City Clerk 21