HomeMy WebLinkAbout06121991 City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
91.155
91.156
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 12, 1991 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE iNSPw. CTED IN THE OFFICE OF THw. CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE (American Legion Will Present
Colors )
3. INVOCATION - Rabbi Jayr Davis - Temple Beth Shalom,
Vero Beach
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - Flag Day - 6/14/91 (Presented to
Members of American Legion)
7. PRESENTATIONS
A. Employee of the Quarter Presentations
1. James R. Sheldon - 1st Quarter 1991
2. Eunice Mercier - 2nd Quarter 1991
91.124
9i.i32/
89.032
8. PUBLIC HEARING, FINAL ACTION
ORDINANCE NO. 0-91-16 - Bid, Payment and
Performance Bonds (O-91-16)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RELATING TO BID, PAYMENT AND
PERFORMANCE BONDS; REQUIRING ID BONDS FOR BIDS IN
EXCESS OF $100,000; PROVIDING FOR WAIVER OF CERTAIN
BID BONDS FOR GOOD CAUSE; REQUIRING PAYMENT AND
PERFORMANCE BONDS FOR CONTRACTS IN EXCESS OF
$100,000; PROVIDING FOR WAIVER OF CERTAIN PAYMENT AND
PERFORMANCE BONDS FOR GOOD CAUSE; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 5/22/91, Advertised
5/31/91, PH 6/12/91)
RESOLUTION NO. R-91-20 - Stipulated Settlement
Agreement with Department of Community
Affairs Re: Comprehensive Land Use Plan (Staff
Recommendation dated 6/6/91, R-91-20, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A STIPULATED
SETTLEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (THE "DCA"), STIPULATING THE
CONDITIONS FOR SETTLING THE DISPUTE BETWEEN THE DCA
AND THE CITY OF SEBASTIAN WITH REGARD TO THE
COMPREHENSIVE PLAN ADOPTED BY THE CITY OF SEBASTIAN
BY ORDINANCE NO. 0-89-19 ON MARCH 28, 1990;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
91.132/
89.032
91.157
91.028
91.158
91.159
91.163
THE FOLLOWING ORDINANCE IS 1ST READING AND 1ST PUBLIC
HEARING FOR TRANSMITTAL TO DCA
ORDINANCE NO. 0-91-17 - Comprehensive Land Use
Plan Amendments in Accordance with Stipulated
Agreement (Staff Recommendation dated 6/6/91,
O-91-17, 55 Page Amendment [Council Only])
PURSUANT TO F.S. 163.3184 (15)(b)1. "..THE INTENTION
TO HOLD AND ADVERTISE A SECOND PUBLIC HEARING SHALL
BE ANNOUNCED AT THE FIRST PUBLIC HEARING."
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE
COMPREHENSIVE LAND USE PLAN IN COMPLIANCE WITH THE
STIPULATED SETTLEMENT AGREEMENT ENTERED INTO BETWEEN
THE CITY OF SEBASTIAN AND THE DEPARTMENT OF COMMUNITY
AFFAIRS ON JUNE 12, 1991; PROVIDING THAT A COPY OF
THE PROPOSED COMPREHENSIVE PLAN AMENDMENT BE
TRANSMITTED TO THE DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Advertised 1/4 Page 5/29/91)
PUBLIC INPUT ON AGENDA ITEMS
CONSENT AGENDA
Approval of Minutes - 5/22/91 Regular Meeting,
5/30/91 Special Meeting, 6/5/91 Workshop
Cancel July 3, 1991 City Council Workshop
(City Manager Recommendation dated 6/6/91)
4th of July Committee Requests - Close Certain
Streets on 7/4/91 - Use of Community Center on
7/4/91 - Close Yacht Club Parking Lot 7/4/91
(City Manager Recommendation dated 6/6/91, Beams
Letter dated 6/4/91)
Approve Building Permit Fee Waiver for Church of
the Nazarene Rectory (Staff Recommendation dated
6/6/91, Pastor Eby Letter dated 5/21/91)
Burgoon Berger Construction Corporation - Request
to Remove Specimen Tree (Staff Recommendation
dated 6/6/91, Application for Tree Removal)
Traffic Circulation Plan - Direct Staff to
Proceed with Engagement of Consulting Engineer
(City Manager Recommendation dated 6/6/91, Pages
2-12 and 2-10 Comp Plan)
3
91.160
91.161
91.129
91.126
11.
COMMITTEE REPORTS/RECOMMENDATIONS
A. PARKS AND RECREATION COMMITTEE
Consider Reappointment of William T. Rogers
and Eugene Dory - Additional Three Year Terms
to Expire June 1994 or Abolish Committee (City
Manager Recommendation dated 6/6/91, P & R
Minutes 4/30/90)
B. CODE ENFORCEMENT BOARD
Receive Code Enforcement Orders - Case Nos.
91-5027, 91-4999, 90-4400 dated 5/15/91 (No
Action Required)
12. OLD BUSINESS
CAVCORP Property Lease Purchase (City Manager
Recomendation dated 6/6/91, Counter Proposal)
13. NEW BUSINESS
ORDINANCE NO. 0-91-18 - Nuisance Regulation
(Staff Recommendation dated 6/6/91, O-91-18)
1st Reading - Set Public Hearing 7/10/91
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
NUISANCES, IN ITS ENTIRETY; AMENDING SECTIONS 16-1
PERTAINING TO DEFINITIONS, 16-1.1 PERTAINING TO
COUNCIL INTENT, 16-2 PERTAINING TO ILLUSTRATIVE
ENUMERATIONS, 16-2.1 PERTAINING TO NOTICE OF
VIOLATION - GENERALLY, 16-3 PERTAINING TO NOTICE OF
VIOLATION - PROCEDURE AND FORM, SECTION 16-4
PERTAINING TO HEARINGS BEFORE CODE ENFORCEMENT BOARD,
SECTION 16-5 PERTAINING TO CONDITIONS MAY BE REMEDIED
BY THE CITY AND LIEN IMPOSED, SECTION 16-6 PERTAINING
TO SANITARY LIEN BOOK, SECTION 16-7 PERTAINING TO
RULES AND REGULATIONS AUTHORIZED, AND SECTION 16-8
PERTAINING TO PENALTY FOR VIOLATION, OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR CODIFICATION IN THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
4
91.152
91.138
91.164
91.165
14.
ORDINANCE NO. O-91-15 - Regulating Distribution
of Handbills (Staff Recommendation dated 6/6/91,
O-91-15)
Reading - Set Public Hearing 7/10/91
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDiAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE II OF CHAPTER 3 OF
THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
REGULATING THE DISTRIBUTION OF HANDBILLS WITHIN THE
CITY OF SEBASTIAN, FLORIDA; PROHIBITING THE
DISTRIBUTION OF HANDBILLS ON PRIVATE PROPERTY;
PROVIDING FOR EXCEPTIONS; PROVIDING PENALTIES FOR
VIOLATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY
OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-91-18 - Vickers Grove Preliminary
Plat (Staff Recommendation dated 6/6/91, R-91-18)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE APPROVAL OF A
PRELIMINARY PLAT FOR A MAJOR SUBDIVISION FOR A PARCEL
OF LAND APPROXIMATELY 117 ACRES IN SIZE, LOCATED IN
SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF
SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, SUBJECT TO
CERTAIN CONDITIONS; PROVIDING FOR BINDING EFFECT;
PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Ruth Sullivan (On Behalf of Indian River Drive
Property Owners Association) - Accept Appeal to
Planning and Zoning Commission Approval for
Conceptual Design - 55 Room Hotel - Indian River
Drive and Schedule Public Hearing for June 26,
1991 (Staff Recommendation dated 6/6/91, Sullivan
Letter dated 5/24/91, P & Z Minutes 5/16/91)
Victor L. Smith - Review and Make Determination
on Appeal to P & Z Decision Re: Walkway Bridge
Over Swale (Staff Recommendation dated 6/6/91,
Smith Letter dated 4/11/91, P & Z Minutes 4/4/91,
City Engineer Memo dated 6/4/91)
MAYOR'S MATTERS
5
91.162
19.
15. COUNCIL MATTERS
A. ViCe Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
16. CITY ATTORNEY MATTERS
17. CITY MANAGER MATTERS
A. Historic Preservation Grant-in-Aid Application -
Sebastian City Hall (Staff Recommendation dated
6/3/91, Hilton Memo dated 6/4/91, Grant
Application Package Under Separate Cover)
18. INTRODUCTION 9F BUSINESS BY THE PUBLIC ("Non-Agenda
Items" Not Otherwise on the Agenda - By Resolution
No. R-89-30 Limit of Ten Minutes for Each Speaker)
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THiS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
6
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JUNE 12, 1991 REGULAR CITY COUNCIL MEETING
PUBLIC INPUT ON AGENDA ITEMS
SIGNUP SHEET
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1
City of Sebastian
POST OFFICE BOX 780127 [; SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, jUNE 12, 1991 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. Mayor Conyers called the meeting to order at 7:00 p.m.
The American Legion presented colors and the Pledge
of Allegiance was recited.
invocation was given by Rabbi Jayr Davis, Temple Beth
Shalom, Veto Beach.
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Peter Holyk
Vice Mayor Frank Oberbeck
Councilman George Reid
Absent:
Councilman Lonnie Powell (excused)
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Chief of Police, Earle Petty
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
June 12, 1991
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
At the request of the City Attorney, motion was made.
MOTION by Oberbeck/Holyk
I move we put the indemnification information from
Sembler under City Attorney's matters.
VOICE VOTE on the motion carried 4-0.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
The City Manager recognized Chief Perry's participation
in both the State and International Police Olympics at
the end of June.
Vice Mayor Oberbeck announced the Longest Day in Golf on
June 20, 1991 at the Sebastian Municipal Golf Course
for the benefit of the American Cancer Society in
which he and Councilman Powell will participate.
91.155 A. Proclamation - Flag Day - 6/14/91 (Presented to
Members of American LegiOn) --
Mayor Conyers read and presented the proclamation to
representatives of American Legion Post 189.
7. PRESENTATIONS
91.156 A. Employee of the Quarter Presentations
2. Eunice Mercier - 2nd Quarter 1991
Mayor Conyers presented a plaque to Eunice Mercier.
1. James R. Sheldon - 1st Quarter 1991
Mayor Conyers presented a plaque to James Sheldon.
2
Regular City Council Meeting
June 12, 1991
Page Three
8. PUBLIC HEARING, FINAL ACTION
91.124 A.
ORDINANCE NO. O-91-16 - Bid, Payment and
Performance Bonds (0-91-16)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RELATING TO BID, PAYMENT AND
PERFORMANCE BONDS; REQUIRING BID BONDS FOR BIDS IN
EXCESS OF $100,000; PROVIDING FOR WAIVER OF CERTAIN BID
BONDS FOR GOOD CAUSE; REQUIRING PAYMENT AND PERFORMANCE
BONDS FOR CONTRACTS IN EXCESS OF $100,000; PROVIDING FOR
WAIVER OF CERTAIN PAYMENT AND PERFORMANCE BONDS FOR GOOD
CAUSE; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE. (lst Reading 5/22/91, Advertised
5/31/91, PH 6/12/91)
The City Attorney read Ordinance No. O-91-16 by title
only.
Mayor Conyers opened the public hearing at 7:14 p.m.,
however, being no input, he closed the hearing.
MOTION by Oberbeck/Holyk
I move we approve and adopt Ordinance No. O-91-16.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Reid
aye
aye
aye
aye
MOTION CARRIED 4-0.
91.132/
89.032
RESOLUTION NO. R-91-20 - Stipulated Settlement
Agreement with Department of Community
Affairs Re: Comprehensive Land Use Plan (Staff
Recommendation dated 6/6/91, R-91-20, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A STIPULATED SETTLEMENT
AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS (THE "DCA"), STIPULATING THE CONDITIONS FOR
SETTLING THE DISPUTE BETWEEN THE DCA AND THE CITY OF
SEBASTIAN WITH REGARD TO THE COMPREHENSIVE PLAN ADOPTED
BY THE CITY OF SEBASTIAN BY ORDINANCE NO. 0-89-19 ON
MARCH 28, 1990; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
3
Regular City Council Meeting
June 12, 1991
Page Four
The City Attorney read Resolution No. R-91-20 by title
only.
Mayor Conyers opened the public hearing at 7:18 p.m.
A1Vilardi, 445 Georgia Boulevard, Sebastian, requested
the removal of game rooms from C 512 zoning permitted
uses, however, he was advised that zoning did not
fall under the Comprehensive Land Use Plan and was
advised to bring his suggestion to staff.
Mayor Conyers closed the public hearing at 7:20 p.m.
MOTION by Oberbeck/Reid
I move we adopt Resolution No. R-91-20.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Reid
Mayor Conyers
MOTION CARRIED 4-0.
aye
aye
aye
aye
THE FOLLOWING ORDINANCE IS lST READING AND iST PUBLIC
HEARING FOR TRANSMITTAL TO DCA
91.132/
89.032
ORDINANCE NO. 0-91-17 - Comprehensive Land Use
Plan Amendments in Accordance with Stipulated
Settlement Agreement (Staff Recommendation dated
6/6/91, 0-91-17, 55 Page Amendment [Council Only])
PURSUANT TO F.$. 163.3184 (15)(b)l. "..THE INTENTION TO
HOLD AND ADVERTISE A SECOND PUBLIC HEARING SHALL BE
ANNOUNCED AT THE FIRST PUBLIC HEARING."
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE
LAND USE PLAN IN COMPLIANCE WITH THE STIPULATED
SETTLEMENT AGREEMENT ENTERED INTO BETWEEN THE CITY OF
SEBASTIAN AND THE DEPARTMENT OF COMMUNITY AFFAIRS ON
JUNE 12, 1991; PROVIDING THAT A COPY OF THE PROPOSED
COMPREHENSIVE PLAN AMENDMENT BE TRANSMITTED TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Advertised 1/4 Page 5/29/91)
4
Regular City Council Meeting
June 12, 1991
Page Five
The City Attorney read Ordinance No. O-91-17 by title
only.
Mayor Conyers opened the public hearing at 7:22 p.m.,
however being no input, he closed the hearing.
MOTION by 0berbeck/Holyk
I move we approve Ordinance No. 0-91-17 for
transmittal to Department of Community Affairs.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
MOTION CARRIED 4-0.
Mayor Conyers announced the City Council's intention to
hold a second public hearing upon return of this
ordinance from DCA.
9. PUBLIC INPUT ON AGENDA ITEMS
Ruth Sullivan, 1215 indian River Drive, Sebastian,
addressed the handbill ordinance and submitted Veto
Beach and Melbourne handbill ordinances to the City
Clerk for distribution to Council; said Indian River
County traffic counts were available; and, suggested
the city not take control of Indian River Drive.
Ron Harsh, 931 Barber Street, Sebastian, urged
consideration of the proposed CAVCORP lease purchase.
Earl Shroyer, 416 Columbus, Sebastian, expressed
concern for boat trailer parking in Riverview Park and
requested a sign at the Boone lot stating "trailer
parking only". (tape)
A1Vilardi, 445 Georgia Boulevard, Sebastian, expressed
concern for the City Attorney meeting privately with
Sembler's attorneys in regard to city matters without
input from Planning and Zoning.
10. CONSENT AGENDA
Approval of Minutes - 5/22/91 Regular Meeting,
5/30/91 Special Meeting, 6/5/91 Workshop
91.157
Cancel July 3, 1991 City Council Workshop
(City Manager Recommendation dated 6/6/91)
Regular City Council Meeting
June 12, 1991
Page Six
91.028 C.
91.158 D.
91.159 E.
91.163 F.
4th of July Committee Requests - Close Certain
Streets on 7/4/91 - Use of Community Center on
7/4/91 - Close Yacht Club Parking Lot 7/4/91
(City Manager Recommendation dated 6/6/91, Beams
Letter dated 6/4/91)
Approve Building Permit Fee Waiver for Church of
the Nazarene Rectory (Staff Recommendation dated
6/6/91, Pastor Eby Letter dated 5/21/91)
Burgoon Berger Construction Corporation - Request
to Remove Specimen Tree (Staff Recommendation
dated 6/6/91, Application for Tree Removal)
Traffic Circulation Plan - Direct Staff to
Proceed with Engagement of Consulting Engineer
(City Manager Recommendation dated 6/6/91, Pages
2-12 and 2-10 Comp Plan)
Mayor Conyers read the consent agenda in its entirety
and removed item F.
Vice Mayor Oberbeck removed items B and E.
MOTION by Oberbeck/Holyk
I move we approve items A, C and D of the consent
agenda.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
MOTION CARRIED 4-0.
Item B
Vice Mayor Oberbeck inquired whether there are
sufficient pending items to necessitate a workshop or
meeting some other time in July.
The City Manager concurred that, if imperative, a
special meeting can be called.
6
Regular City Council Meeting
June 12, 1991
Page Seven
MOTION by Oberbeck/Holyk
I move to approve item B of the consent agenda.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
MOTION CARRIED 4-0.
Item E
Vice Mayor Oberbeck suggested that staff propose to
developers that they donate removed trees to the city.
The City Manager said staff can approach developers and
perhaps the city can pay a portion of the removal cost.
MOTION by Oberbeck/Reid
I move we approve item E of the consent agenda.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
MOTION CARRIED 4-0.
Item F
In response to question by Mayor Conyers, the City
Manager said a traffic study would require a team with
time and specific expertise, however, the City Engineer
will act as staff contact between the consultant and
the city.
MOTION by Conyers/Holyk
I move that we put item F back on the agenda.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
MOTION CARRIED 4-0.
7
Regular City Council Meeting
June 12, 1991
Page Eight
11. COMMITTEE REPORTS/RECOMMENDATIONS
A. PARKS AND RECREATION COMMITTEE
91.160 1.
91.161
Consider Reappointment of William ?. Rogers
and Eugene ~ - Additional Three Year Terms
to Expire June 1994 or Abolish Committee (City
Manager Recommendation dated 6/6/91, P & R
Minutes 4/30/90)
Subsequent to discussion on the merits of the City of
Sebastian Parks and Recreation Committee and
representation on the Indian River County Recreation by
George Schum, motion was made.
MOTION by Oberbeck/Reid
I move to abolish the Parks and Recreation
Committee and express the city's appreciation to its
members for their hard work and dedication to the city.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
nay
aye
MOTION CARRIED 3-1. (Conyers - nay)
In response to Councilman Holyk, the City Manager said
he believed Mr. Schum was appointed by Council years
ago.
Mayor Conyers called recess at 8:03 p.m. and reconvened
the meeting at 8:14 p.m. All members were present.
B. CODE ENFORCEMENT BOARD
Receive Code Enforcement Orders - Case Nos.
91-5027, 91-4999, 90-4400 dated 5/15/91 (No
Action Required)
The City Manager stated that Code Enforcement orders
were for presentation only and that in the future they
would be placed on the consent agenda.
8
Regular City Council Meeting
June 12, 1991
Page Nine
12. OLD BUSINESS
91.129 A.
CAVCORP Property Lease Purchase (City Manager
Recommendation dated 6/6/91, Counter Proposal)
The City Manager recommended approval for a ninety day
lease of the property which would include an executed
hold harmless agreement, during which time the bid
procedure can be waived so that requests for proposals
can be obtained for an appraisal of the property and
financing can be sought for the purchase.
The City Attorney advised that before approving a hold
harmless agreement, staff check with the city's insurer
to see if the property would be covered under the
city's current policy.
Vice Mayor Oberbeck stated that he wanted to see the
use of the property limited to city residents if city
funds are used for the purchase.
MOTION by Reid/Holyk
I move that we direct the City Manager to enter
into a ninety day hold harmless lease agreement with
CAVCORP and to engage an appraiser.
The City Attorney advised against a hold harmless
agreement and Councilmen Reid and Holyk directed "hold
harmless" be removed from the motion.
MOTION amended by Reid/Holyk to add a $3500 cap.
ROLL CALL:
(amendment)
Councilman Reid aye
Mayor Conyers aye
Councilman Holyk aye
Vice Mayor Oberbeck aye
MOTION CARRIED 4-0.
ROLL CALL: (motion)
Councilman Reid aye
Mayor Conyers aye
Councilman Holyk aye
Vice Mayor Oberbeck aye
MOTION CARRIED 4-0.
Regular City Council Meeting
June 12, 1991
Page Ten
91.126
When asked by Councilman Holyk about the possibility of
contaminated soil, the City Manager said the city would
buy only a clean site. The City Attorney advised that
the city should still conduct a soil survey.
Following his affirmative vote, Vice Mayor Oberbeck
restated his position regarding exclusive resident use
except in the case of special events such as the 4th of
July.
13. NEW BUSINESS
ORDINANCE NO. 0-91-18 - Nuisance Regulation
(Staff Recommendation dated 6/6/91, 0-91-18)
Reading - Set Public Hearing 7/10/91
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
NUISANCES, IN ITS ENTIRETY; AMENDING SECTIONS 16-1
PERTAINING TO DEFINITIONS, 16-1.1 PERTAINING TO COUNCIL
INTENT, 16-2 PERTAINING TO ILLUSTRATIVE ENUMERATIONS,
16-2.1 PERTAINING TO NOTICE OF VIOLATION - GENERALLY,
16-3 PERTAINING TO NOTICE OF VIOLATION - PROCEDURE AND
FORM, SECTION 16-4 PERTAINING TO HEARINGS BEFORE CODE
ENFORCEMENT BOARD, SECTION 16-5 PERTAINING TO
CONDITIONS MAY BE REMEDIED BY THE CiTY AND LIEN
IMPOSED, SECTION 16-6 PERTAINING TO SANITARY LIEN BOOK,
SECTION 16-7 PERTAINING TO RULES AND REGULATIONS
AUTHORIZED, AND SECTION 16-8 PERTAINING TO PENALTY FOR
VIOLATION, OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-91-18 by title
only.
10
Regular City Council MeetinG
June 12, 1991
Page Eleven
91.152
MOTION by Holyk/Reid
I move we accept the first readinG of Ordinance No.
0-91-18 and set the public hearinG for July 10, 1991.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Reid
aye
aye
aye
aye
MOTION CARRIED 4-0.
ORDINANCE NO. O-91-15 - RegulatinG Distribution of
Handbills (Staff Recommendation dated 6/6/91, 0-91-
15)
1st Reading - Set Public Hearing 7/10/91
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE II OF CHAPTER 3 OF
THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
REGULATING THE DISTRIBUTION OF HANDBILLS WITHIN THE
CITY OF SEBASTIAN, FLORIDA; PROHIBITING THE
DISTRIBUTION OF HANDBILLS ON PRIVATE PROPERTY;
PROVIDING FOR EXCEPTIONS; PROVIDING PENALTIES FOR
VIOLATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-91-15 by title
only.
The City Attorney stated that this ordinance does not
prohibit free speech since the current code defines
handbills as "commercial" printed materials.
MOTION by Holyk/Oberbeck
I move we accept the first reading of Ordinance No.
0-91-15 and set the public hearing date for July 10,
1991.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
MOTION CARRIED 4-0.
11
Regular City Council Meeting
June 12, 1991
Page Twelve
91.138 D.
91.164
RESOLUTION NO. R-91-18 - Vickers Grove Preliminary
Plat (Staff Recommendation dated 6/6/91, R-91-18)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE APPROVAL OF A
PRELIMINARY PLAT FOR A MAJOR SUBDIVISION FOR A PARCEL
OF LAND APPROXIMATELY 117 ACRES IN SIZE, LOCATED IN
SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF
SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, SUBJECT TO
CERTAIN CONDITIONS; PROVIDING FOR BINDING EFFECT;
PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-91-18 by title
only.
Carolyn Corum, Delores Street, Sebastian, requested a
green belt buffer between Vickers Grove Subdivision and
Sebastian Highlands and expressed concern for egress
onto Gilson Avenue from Vickers Grove.
The Director of Community Development explained that a
buffer is not a requirement since both properties are
zoned RS-10.
MOTION by Reid/Oberbeck
I move we approve Resolution No. R-91-18 Vickers
Grove Preliminary Plat.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
MOTION CARRIED 4-0.
Ruth Sullivan (On Behalf of Indian River Drive
Property Owners Association) - Accept Appeal to
Planning and Zoning Commission Approval for
Conceptual Design - 55 Room Hotel - Indian River
Drive and Schedule Public Hearing ~or June 26___~,
1991 (Staff Recommendation dated 6/6/91, Sullivan
Letter dated 5/24/91, P & Z Minutes 5/16/91)
Ruth Sullivan, 1215 Indian River Drive, Sebastian, on
behalf of the Indian River Property Owners'
Association, expressed concern for approval without a
traffic count being conducted.
12
Regular City Council Meeting
June 12, 1991
Page Thirteen
91.165
The City Attorney advised that Council not delve into
the substance of the appeal but to decide whether to
set a public hearing to hear the appeal based on
procedural grounds.
The City Clerk presented Mrs. Sullivan with a copy of
staff recommendation to Council dated June 6, 1991, in
regard to the appeal.
In response to question by the City Attorney, Mrs.
Sullivan stated that the Indian River Drive Property
Owners' Association had not incorporated, registered
with the State or complied with fictitious name
requirements and the City Attorney stated, therefore,
it was not entitled to pursue the appeal.
Vice Mayor Oberbeck advised Mrs. Sullivan that approval
was conceptual and that the developer must still meet
required criteria.
The Director of Community Development advised Council
that he had a budget proposal for a traffic count.
No further action was taken.
Victor L. Smith - Review and Make Determination on
Appeal to P & Z Decision Re: Walkway Bridge Over
Swale (Staff Recommendation dated 6/6/91, Smith
Letter dated 4/ll/gl, P & Z Minutes 4/4/91, City
Engineer Memo dated 6/4/91)
Vice Mayor Oberbeck was excused from 9:03 p.m. to 9:05
p.m.
The City Attorney swore in Victor L. Smith, 525
Carnival Terrace, Sebastian and Mr. Smith presented his
appeal to Planning and zoning's decision to deny the
placement of an existing walkway bridge over the swale
in the front of his yard. Mr. Smith presented
photographs of the structure and of alleged safety
violations throughout the city. Mr. Smith offered to
execute a hold harmless agreement.
The City Attorney stated that although the bridge is
aesthetically pleasing, the issue at hand is the use of
public land by an individual for improvements and
possible safety problems. A lengthy discussion ensued.
13
Regular City Council Meeting
June 12, 1991
Page Fourteen
14.
15.
MOTION by Reid/Holyk
I move we uphold the decision of Planning and
Zoning and deny the appeal of Victor Smith reluctantly.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
MOTION CARRIED 4-0.
MAYOR'S MATTERS
Mayor Conyers requested an update on the police
facility, the City Manager responded that he would
bring bid revisions back for action at the next
possible meeting. Mayor Conyers requested that this
item be held until he is present.
COUNCIL MATTERS
A. Vice Mayor Oberbeck
Vice Mayor Oberbeck said the Junior Golf program is
in operation; expressed concern regarding approval
procedures for home occupational licenses by Planning
and Zoning; placed discussion of this matter on the
August workshop agenda; and, requested, with Council
concurrence, that city staff mail all licensing
officials, taxing agencies and utilities, lists of city
occupational licenses.
B. Councilman Holyk
Councilman Holyk expressed concern that taxpayers
cannot enroll their children in Junior Golf. The City
Manager responded that enrollment is based on Golf
Course memberships but that Council could change the
policy.
Vice Mayor Oberbeck was excused from 10:03 p.m. to
10:05 p.m.
The City Engineer reported on CR 512 directional signs.
C. Councilman Powell
Absent.
14
Regular City Council Meeting
June 12, 1991
Page Fifteen
91.166
91.162
16.
17.
D. Councilman Reid
Councilman Reid expressed concern at the attitude of
some city business people with respect to "closing the
door" on newcomers.
CITY ATTORNEY MATTERS
The City Attorney expressed his opinion on the Sembler
development matter, said he had requested the developer
to supply the city with an indemnification agreement
and was presenting it this evening for approval. He
further requested that in order to alleviate future
problems with Planning and Zoning's need for answers to
legal questions which result in confusion at meetings,
questions be directed through the Director of Community
Development prior to action.
MOTION by Holyk/Oberbeck
I move we adopt the indemnification agreement as
written with regard to the Sembler site plan.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
MOTION CARRIED 4-0.
It was the consensus of Council to concur with the
Attorney's recommendation to have Planning and Zoning
requests for legal advice funnel through the Director
of Community Development.
The City Attorney requested direction from Council to
work with staff to prepare an ordinance regarding
licensing of carpet layers for the June 26, 1991
regular meeting.
CITY MANAGER MATTERS
Historic Preservation Grant-in-Aid Application -
Sebastian City Hall (Staff Recommendation dated--
6/3/91, Hilton Memo dated 6/4/91, Grant
Application Package Under Separate Cover)
The City Manager stated that this item was self-
explanatory.
15
Regular City Council Meeting
June 12, 1991
Page Sixteen
18.
19.
B. Other Matters
The City Manager said he would place on the July 26,
1991 agenda, a report and request for Council direction
on the CR 512 Twin Pairs Project, at the request of the
Indian River County Transportation Planning Committee.
Mayor Conyers requested that this item be held until he
is present.
INTRODUCTION OF BUSINESS BY THE PUBLIC ("Non-Agenda
Items" Not Otherwise on the Agenda - By Resolution
No. R-89-30 Limit of Ten Minutes for Each Speaker)
None.
Being no further business, Mayor Conyers adjourned
the meeting at 10:30 p.m.
Approved at th~/~L~. ~~
As amended.
Council Meeting.
Kathryn M. O'Halloran,
City ~ank 3. 0berbeck, Vice Mayor
16