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HomeMy WebLinkAbout06141995 City of Sebastian 1225 MAIN STREET rn SEBASTIAN, FLORIDA 32958 TELEPHONE (407~[58a5;~0 ~J.~.Z&~FAX' (407)589-5570 SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, JUNE 14, 1995 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 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. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. 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 $. WOR~OP iTEMS A. General Engineering Consultant Presentations (No Backup) 6. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECO~ OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICtt THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (4~9~ ?~ F~g07)589-5570 SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, JUNE 14, 1995 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORiDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 122.$ 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 6:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Councilmember Louise Cartwright Councilmember Norma Damp Councilmember Raymond Halloran Staff Present: City Manager, Joel Koford City Attorney, Clifton A. McClelland, Jr. City Clerk, Kathryn M. O'Halloran Deputy City Clerk, Sally Maio City Council Workshop June 14, 1995 Page Two 4. 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. 5. ~VORKSHOP ITEMS A. General Engineering Consultant Presentations General Engineering consulting firms made presentations to City Council as follows: A. Marshall, Provost and Associates - Keith McCully and Frank Davis. B. Williams, Hatfield and Stoner & Carter and Associates TAPE I - SIDE II (7:04 p.m.) Williams, Hatfield and Stoner presentation continued. C. Masteller, Moler & Reed 6. Being no further business, Mayor Firtion adjourned the workshop at 7:30 p.m. Approved at the ~~ egular Meeting. Arthur L. Firtion, Mayor ATTEST: Kathryn M~ O'Halloran, CMC/AAE City Clerk .- City of Sebastian 1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 14, 1995 FOLLOWING 6:30 P.M. WORKSHOP CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 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) 1. CALL TO ORDER 2. PLEDGE OF ALLEGiANCE 3. INVOCATION - Reverend Tom Kempf- Riverside Assembly of God 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELI~TIO1N~) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-23) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 95.104 Proclamation - Florida Sesquicentennial - Requested by AARP - Accepted by Kay Rogers 7. P...UllIaI.C.I~ARING, 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 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. 95.O47 ORDINANCE NO. 0-95-09 - Refuse Collection Franchise Agreement (0-95-09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO R & R CORPORATE SYSTEMS, 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. (lst Reading 5/24/95, Advertised Legal Notices 5/31/95, PH 6/14/95) 2 95.043 ~DINANCE ~0,.0-95-11 - Occupational Licenses Fees (City Clerk Transmittal dated 6/7/95, 0-95-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II, OF THE CODE OF ORDINANCES, RECLASSIFYING OCCUPATIONS; REVISING THE OCCUPATIONAL LICENSE TAX FEE SCHEDULE; IMPOSING ADDITIONAL PENALTIES; ESTABLISHING EXEMPTIONS; IMPOSING ADDITIONAL REQUIREMENTS FOR ISSUANCE OF LICENSES; PROVIDING FOR INCLUSION 1N THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 4/26/95, Advertised Legal Notices w/Fees 5/26/95, PH 6/14/95) 95.099/ 94.282 ORDINANCE ~IO. O-95-13 - Annexation - U.S. 1 - Three Parcels - Four Acres (Director of Community Development Transmittal dated 6/6/95, O-95-13) 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. ( lst Reading 5/24/95, Advertised Legal Notices w/Map 5/31/95 and 6/7/95, PH 6/14/95) 8. QUASI-JUDICIAL HEARING, FI~lAIa ACTION Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-94~54): · Mayor Opens Hearing · Clerk Administers Oath ° Staff Presentation · Affected Parties May Question Staff · Applicant's Presentation - 15 Minutes · Proponents' Presentation - 3 Minutes* · Inquiry of Applicants · Opponents' Presentation - Affected 15 Minutes - Other 3 Minutes* · Inquiry of Opponents ° Informational Testimony - 3 Minutes* ° Inquiry of Informational Witnesses · Mayor Closes Public Information Period o StaffResponse and Summary ° Applicant's Rebuttal - lOMinutes · Board and Stafflnquiry · If representing group of 5 or more - may take up to 10 minutes 95.099/ 94.282 ORDiNANCE NO, 0-94-E[ - Comprehensive Land Use Plan Amendment - U.S. 1 - Three Parcels - Four Acres (Director of Community Development Transmittal dated 6/5/95, Memo from DCA 6/5/95, O-94-14) AN ORDiNANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING ORDINANCE NO. O-91-17; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM iNDIAN RIVER COUNTY M-2 DISTRICT (MULTI-FAMILY, 10 UNITS PER ACRE) TO CITY CG DISTRICT (COMMERCIAL GENERAL) FOR LAND LOCATED iN THE NORTH CENTRAL SECTION OF THE CITY. SUBJECT LAND IS COMPRISED OF THREE PARCELS WHICH TOTAL 4.0 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERN MOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND IS APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY. (Advertised 1/4 Page 12/12/94, Letter Mailed 1st Reading and 1st Quasi-Judicial Hearing 12/21/94, Transmitted to DCA, 1/4 Page 6/7/94, Letters Mailed 5/24/95, 2nd Quasi-Judicial Hearing 6/14/95} 4 95.099/ 94.282 ORDINAN~?E NO~ O-95-14 - Rezoning - U.S. 1 - Three Parcels - Four Acres (Director of Community Development Transmittal dated 6/6/95, O-95-14) 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. (lst Reading 5/24/95, Advertised Legal Notices 5/31/95, Letters Mailed to Property Owners 5/24/95, Quasi-Judicial Hearing 6/14/95) 95.084 ~).~DINANCE NO. O-95-15 - Tract F, Sebastian Christian Church Comprehensive Land Use Plan (Director of Community Transmittal dated 6/5/95, O-95-15, Application for Land Use Change, Area Map, 4/7/95 P & Z Recommendation, 20A-11.6C LDC, 20A-11.8C LDC, Comp Plan Policy 1-2.1.3) 1st Quasi-Judicial Hearing and Transmittal to DCA - City Council Intends to Conduct a Second Public Hearing Upon Return from DCA AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE LAND USE PLAN AND THE COMPREHENSIVE LAND USE PLAN MAP; CHANGING TRACT F IN SEBASTIAN HIGHLANDS UNIT 17 IN THE CITY OF SEBASTIAN, CONTAINING APPROXIMATELY THREE ACRES, MORE OR LESS FROM INS (INSTITUTIONAL) TO LDR (LOW DENSITY RESIDENTIAL); AMENDING ORDINANCE NO. 0-91-17; 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 6/5/95, 1st Reading and 1st Quasi-Judicial Hearing 6/14/95 for Transmittal to DCA) 5 CONSENT AGENDA ,dH 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 - 5/24/95 Workshop, 5/24/95 Regular Meeting 95.105 Local Option Gas Tax Distribution - Authorize City Manager and City Clerk to Execute Interlocal Agreement with Indian River County (City Manager Transmittal dated 6/5/95, Davis Letter dated 5/31/95, Tax Distribution Formula, Agreement) 95.106 Renew Use Agreement Between Humane Society of Indian River County and City of Sebastian - Barber Street Sports Complex as Animal Compound in the Event of Hurricane or Natural Disaster (City Manager Transmittal dated 6/7/95, Humane Society Letter dated 5/16/95, Use Agreement) 95.107 Rotary Club - Request Use of Community Center - Turkey Raffle Fundraiser - 11/17/95, 6 pm to 10 pm - A/B and Admission Fee - Permittee DOB 8/11/28 - Security Paid (City Clerk Transmittal dated 5/11/95, Application) 95.108 Mad Parsons Wedding Reception - Request Use of Yacht Club - 6/24/95 - 1 pm to 5 pm - A/B - Permittee DOB 6/24/95 - Security Paid (City Clerk Transmittal dated 5/23/95, Application) 95.109 Associates of Sebastian Kmart - Request of Riverview Park - Company Picnic - 6/25/95 - Use of Electricity - Standard Conditions (Director of Community Development Transmittal dated 6/5/95, LaCivita Letter dated 5/20/95) 6 10. PRESENTATIO~I$ - None 11. COMMITTEE REPORTS/RECOMMENDATIONS 95.110 Sebastian River Area Chamber of Commerce - Report by Don Bauer Re: Welcome Signs Located at City Entrances - Requested by Alternate Liaison Norma Damp (No Backup) 95.111 planahg ~4 Zoning Commission - Interview and Appoint Regular Member - Committee Recommends Reappointment of Earl Shroyer to Three Year Regular Member Position to Expire June 1998 (Director of Community Development Transmittal dated 6/6/95, Applications, P & Z Memo dated 6/2/95, Section 10 of R-94-51) 12. Oi~D BUSINESS - None 95.098 Consulting Engineer Rate Structure - Craven, Thompson and Associates, Inc. - Authorize Mayor and City Clerk to Execute Agreement and Rate Structure (City Manager Transmittal dated 6/2/95, Agreement w/Two Attachments) 13. NEW BUSINESS 95.098 Ao Rank General Engineering Consultants and Direct City Manager to Begin Negotiations (No Backup) 95.112 RESOLUTION NO. K-95-34 - Water and Sewer Rates (City Manager Transmittal dated 6/8/95, R-95-34) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A WATER SYSTEM RATE SCHEDULE AND A WASTEWATER SYSTEM RATE SCHEDULE AS PROVIDED IN ORDINANCE NO. O-93-19 AND THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 95.113 Briefing on Airport Master Plan and Authorize City Manager to Loan Funds to Airport Enterprise Fund for Road Construction (City Manager Transmittal dated 6/8/95) 95.029 QI~INANCI3 NO. 0-95-03 - Revised - Restricting Parking in Residential Districts and on Street Rights-of-Way (City Manager Transmittal dated 6/8/95, 0-95-03) 1st Reading, Set Public Hearing 7/12/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, RESTRICTING PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING DEFINITIONS, SETTING PENALTIES FOR VIOLATIONS, PROVIDING METHODS FOR ENFORCEMENT, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 11/2/94, 1st Draft Reviewed 2/1/95, 1st Reading 6/14/95) 95.013 Eo ORDINANCE NO. 0-95-19 - Accessory Buildings (Director of Community Development Transmittal dated 6/6/95, O-95-19) 1st Reading, Set Public Hearing 7/12/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, REGULATING ACCESSORY BUILDINGS, PROVIDING DEFINITIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/24/95) 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker 8 15. 16. 17. 18. CITY COUNCIL MATTERS A. Mayor Arthur Firtion B. Vice Mayor Carolyn Corum C. Mrs. Louise Cartwright D. Mrs. Norma Damp E. Mr. Raymond Halloran CITY ATTORNEY MATTERS CITY MANAGER MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (0 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. 9 PUBLIC HEARING SIGN-UP SHEET JUNE 14, 1995 95.047 A. ORDINANCE NO. 0-95-09 - Refuse Collection Franchise Agreement AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO R & R CORPORATE SYSTEMS, 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. (lst Reading 5/24/95, Advertised Legal Notices 5/31/95, PH 6/14/95) Name Address For Against Information Name Address For Against Information Name Address For Against Information PUBLIC HEARING SIGN-UP SHEET JUNE 14' 1995 95.043 B. ORDINANCE NQ. 0-95-11 - Occupational Licenses Fees AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II, OF THE CODE OF ORDINANCES, RECLASSIFYING OCCUPATIONS; REVISING THE OCCUPATIONAL LICENSE TAX FEE SCHEDULE; IMPOSING ADDITIONAL PENALTIES; ESTABLISHING EXEMPTIONS; IMPOSING ADDITIONAL REQUIREMENTS FOR ISSUANCE OF LICENSES; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ( lst Reading 4/26/95, Advertised Legal Notices w/Fees 5/26/95, PH 6/14/95) Name Address For Against Information Name Address For Against Information Name Address For Against Information PUBLIC HEARING SIGN-UP SHEET JUNE 14, 1995 ORDINANCE NO. O-95-13 - Annexation - U.S. 1 - Three Parcels - 94.282 Four Acres 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. (lst Reading 5/24/95, Advertised Legal Notices w/Map 5/31/95 and 6/7/95, PH 6/14/95) Name Address For Against Information Name Address For Against Information Name Address For Against Information QUASI-JUDICIAL HEARING SIGN-UP SHEET JUNE 14, 1995 95.099/ A. 94.282 ORDINANCE NO. 0-94-14 - Comprehensive Land Use Plan Amendment - U.S. 1 - Three Parcels - Four Acres AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING ORDINANCE NO. O-91-17; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY M-2 DISTRICT (MULTI-FAMILY, 10 UNITS PER ACRE) TO CITY CG DISTRICT (COMMERCIAL GENERAL) FOR LAND LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY. SUBJECT LAND IS COMPRISED OF THREE PARCELS WHICH TOTAL 4.0 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERN MOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND IS APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY. (Advertised 1/4 Page 12/12/94, Letter Mailed 1st Reading and 1st Quasi-Judicial Hearing 12/21/94, Transmitted to DCA, 1/4 Page 6/7/94, Letters Mailed 5/24/95, 2nd Quasi-judicial Hearing 6/14/95) Name Address For Against Information Name Address For Against Information Name Address For Against Information QUASI-JUDICIAL HEARING SIGN-UP SHEET JUNE 14, 1995 95.O99/ B. 94.282 ORDINANCE NO. O-95-14 - Rezoning - U.S. I - Three Parcels - Four Acres (Director of Community Development Transmittal dated 6/6/95, 0-95-14) 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. ( lst Reading 5/24/95, Advertised Legal Notices 5/31/95, Letters Mailed to Property Owners 5/24/95, Quasi-Judicial Hearing 6/14/95) Name Address For Against Information Name Address For Against Information Name Address For Against Information QUASI-JUDICIAL HEARING SIGN-UP SHEET JUNE 14, 1995 95.084 C. ~D~CE NO. O-95-15 - Tract F, Sebastian Christian Church Comprehensive Land Use Plan 1st Quasi-Judicial Hearing and Transmittal to DCA - City Council Intends to Conduct a Second Public Hearing Upon Return from DCA AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE LAND USE PLAN AND THE COMPREHENSIVE LAND USE PLAN MAP; CHANGING TRACT F IN SEBASTIAN HIGHLANDS UNIT 17 IN THE CITY OF SEBASTIAN, CONTAINING APPROXIMATELY THREE ACRES, MORE OR LESS FROM INS (INSTITUTIONAL) TO LDR (LOW DENSITY RESIDENTIAL); AMENDING ORDINANCE NO. O-91-17; 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 6/5/95, 1st Reading and 1st Quasi-Judicial Hearing 6/14/95 for Transmittal to OC.~) Name Address For Against Information Name Address For Against Information Name Address For Against Information PUBLIC INPUT ON AGENDA ITEMS SIGN-UP SHEET JUNE 14, 1995 REGULAR MEETING USE THIS FORM O.N__I,X FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT HEARINGS WHICH HA VE THEIR OWN SIGNUPS SHEETS-TIME LIMIT OF 10 MINUTES PER SPEAKER Name: ~/}~ . Address: Agenda Item No. and Title: ~ ~.C_J/Z~ ~ -~'~ ~ .......... ..... ^d~,s:.' ¢~ 4/ ¢~/~&~,_ :/~- Agenda Item No. and Title: ?~- / / ~. ~ 9,5--. -$ ~ Name: ~/9 l-.. f.!L (3-./~ .//o ~ Address: AgendaI~emNo. andTitle:~f Il~ -- t~f -5 f4'~ ~-//> .-4TC:-~ Address: Agenda Item No. and Title: ~ f~.//~ Agenda Item No. and Title: ~'~. Address: 7,~ cog~,r,oogyw Agenda Item No. and Title: INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET JUNE 14, 1995 REGULAR MEETING USE THIS FORM ONLY FOR INTR OD UC TION OF NE fi' BUSINESS NO T OTHER WISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES Address: Subject: Same~ Address: Subject: Name~ Address: Subject: Nltllle: Address: Subject: Name~ Address: Subject: City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589~5330 [3 FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: July 11, 1995 File Kathryn M. O'Hallora~. 0 City Clerk 6/14/95 Regular City Council Meeting Minutes The June 14, 1995 Regular City Council Meeting minutes, although approved at the June 28, 1995 Regular Meeting as presented, contains an error on page 16. Councilmember Halloran's vote on the motion to appoint Joseph Schulke should read "nay" as is indicated below in the roll call summation. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 14, 1995 CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 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) 1. Mayor Firtion called the Regular Meeting to order at 7:35 p.m. 2. The Pledge of Allegiance was previously recited. 3. No Invocation was given. 4. ROLL CALL City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel Koford City Attorney, Clifford McClelland, Jr. City Clerk, Kathryn O'Halloran Director of Community Development, Bruce Cooper Airport Manager, John Van Antwerp Deputy City Clerk, Sally Malo Regular City Council Meeting June 14, 1995 Page Two AGENDA MODIFICATIONS 0kDDITION$ AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-23) None. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 95.104 Proclamation - F19rida Sesquicentennial - Requested by AARP_ - Accepted by Kay Rogers Mayor Firtion read and presented the proclamation to Kay Rogers. 7. PUBLIC ItEARING, 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 A ction 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. 2 Regular City Council Meeting June 14, 1995 Page Three 95.047 A. ORDINANCE NO. 0-95-09 - Refuse Collection Franchise Agreement (0-95-09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO R & R CORPORATE SYSTEMS, 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. (lst Reading 5/24/95, Advertised Legal Notices 5/31/95, PH 6/14/95) Mayor Firtion opened the public hearing at 7:40 p.m. and the City Attorney read Ordinance No. 0-95-09 by title only. The City Manager said the low bidder had met conditions of the bid. Mayor Firtion closed the public hearing at 7:41 p.m. The City Attorney recommended that in addition to adoption of the ordinance, the Mayor and City Clerk be authorized to execute an agreement. The City Attorney said an amended bond had been received. Vice Mayor Corum said she did not feel the finn could handle Sebastian with the vehicles they have. Ronald Rigby, Capital Sanitation, responded to questions posed by City Council relative to procedures for implementing the new collection system and stated that the rum had obtained additional vehicles. 3 Regular City Council Meeting June 14, 1995 Page Four MOTION by Cartwright/I-Ialloran I move we adopt Ordinance No. 0-95-09 and authorize the Mayor and City Clerk to enter into an agreeement with R & R Corporate Systems, Inc. ROLL CALL: Vice Mayor Corum - nay Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 4-1 (Corem - nay) The City Attorney said he would be certain all documentation is in hand before the agreement is executed. 95.043 ORDJ~qC]~ NO. O-95-11 - Occupational Licenses Fees (City Clerk Transmittal dated 6/7/95, O-95-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II, OF THE CODE OF ORDINANCES, RECLASSIFYING OCCUPATIONS; REVISING THE OCCUPATIONAL LICENSE TAX FEE SCHEDULE; IMPOSING ADDITIONAL PENALTIES; ESTABLISHING EXEMPTIONS; IMPOSING ADDITIONAL REQUIREMENTS FOR ISSUANCE OF LICENSES; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 4/26/95, Advertised Legal Notices w/Fees 5/26/95, PH 6/14/95) Mayor Firtion called the public heating to order at 7:52 p.m. and the City Attorney read Ordinance No. 0-95-11 by title only. 4 Regular City Council Meeting June 14, 1995 Page Five The City Clerk briefly explained the inception of the ordinance. The City Attorney suggested an amendment to the effective date of the rates. (See attached as Exhibit A). He also advised that if any rates are proposed for change they could be changed at a later date, thus, only those affected rates would need to be readvertised. Kathy Gardinier, addressed City Council on behalf of a newly formed business owners group relative to proposed higher license rates. Mayor Firfion closed the public hearing at 7:58 p.m. MOTION by Cartwright/Damp I move to adopt Ordinance No. 0-95-11 with the changes to Section 5. The City Attorney read the amendment. ROLL CALL: Mrs. Cartwfight Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum - aye - aye - aye - aye MOTION CARRIED 5-0 Mrs. Cartwright recommended changes to the fee schedule. (See attached as Exhibit B) and recommended that a revision be brought back to the first meeting in July. The City Attorney recommended that each additional warehouse, storage and office rental be $3. MOTION by Cartwright/Damp I move that we direct the City Attorney to amend the ordinance which is 0-95-11 per the changes as stated. Regular City Council Meeting June 14, 1995 Page Six Mrs. Corum and Cartwright recommended that each individual apartment rental be $3 rather than $5. MOTION by Cartwright/I-Ialloran I make a motion to amend the motion to include that last change each individual unit to $3. (All revisions are included in Exhibit B attached) ROLL CALL: (amendment) Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwfight Mrs. Damp - aye - nay - aye - aye MOTION CARRIED 4-1 (Corum - nay) ROLL CALL: (main) Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright - aye - aye - aye - aye MOTION CARRIED 5-0 EXHIBIT "A" Section 5. EFFECTIVE DATE. The fee schedule which exists in Sections 30-51 and 30-52 of the Code of Ordinances of the City of Sebastian will continue in effect through September 30, 1995. The fee schedule which is set out in Sections 30-50 and 30-51 of this Ordinance shall be effective on October 1, 1995. This Ordinance shall become effective thirty (30) days after its passage and adoption. EXHIBIT "B" Regular City Council Meeting June 14, 1995 Page Seven 95.O99/ C. 94.282 ORDINANCE NO. O-95-13 - Annexation - U.S. 1 - Three Parcels - Four Acres (Director of Community Development Transmittal dated 6/6/95, 0-95-13) 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. (Ist Reading 5/24/95, Advertised Legal Notices w/Map 5/31/95 and 6/7/95, PH 6/14/95) Mayor Firtion called the public hearing to order at 8:10 p.m. and the City Attorney read Ordinance No. O-95-13 by tire only. The Director of Community Development gave a brief presentation on the proposed annexation and recommended adoption. Mayor Firtion closed the public hearing at 8:12 p.m. MOTION by Damp/Corem I move to approve Ordinance No. 0-95-13. ROLL CALL: Mayor Firfion Vice Mayor Corem Mrs. Cartwright Mrs. Damp Mr. Halloran - aye - aye - aye - aye MOTION CARRIED 5-0 7 Regular City Council Meeting June 14, 1995 Page Eight 8. QUASi-JUDICIAL HEARING, FINAL ACTION 95.099/ A. ORDINANCE NO. O-94-14 - Comprehensive Land Use Plan 94.282 Amendment - U.S. 1 - Three Parcels - Four Acres (Director of Community Development Transmittal dated 6/5/95, Memo from DCA 6/5/95, O-94-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING ORDINANCE NO. O-91-17; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY M-2 DISTRICT (MULTI-FAMILY, 10 UNITS PER ACRE) TO CITY CG DISTRICT (COMMERCIAL GENERAL) FOR LAND LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY. SUBJECT LAND IS COMPRISED OF THREE PARCELS WHICH TOTAL 4.0 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERN MOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND IS APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY. (Advertised 1/4 Page 12/12/94, Letter Mailed 1st Reading and 1st Quasi-Judicial Hearing 12/21/94, Transmitted to DCA, 1/4 Page 6/7/94, Letters Mailed 5/24/95, 2nd Quasi-Judicial Hearing 6/14/95) Mayor Firtion called the quasi-judicial hearing to order at 8:14 p.m. and the City Clerk swore in all those who intended to offer testimony. Attorney Rene Van de Voorde, representing the property owners, gave a brief presentation. Mayor Firfion closed the quasi-judicial hearing at 8:17 p.m. The Director of Community recommended approval. The City Attorney read Ordinance No. O-94-14 by title only. 8 Regular City Council Meeting June 14, 1995 Page Nine MOTION by Comm~alloran Based on the fact that there seems to be no adverse impacts to the health, safety and welfare of the people of the City of Sebastian, I move that Council adopts Ordinance No. 0-94-14. ROLL CALL: Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 95.099/ 94.282 OKDINAIxJC~ NO. O-95-14 - Rezoning - U.S. 1 - Three Parcels Four Acres (Director of Community Development Transmittal dated 6/6/95, 0-95-14) 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. (lst Reading 5/24/95, Advertised Legal Notices 5/31/95, Letters Mailed to Property Owners 5/24/95, Quasi-Judicial Hearing 6/14/95) Regular City Council Meeting June 14, 1995 Page Ten Mayor Firtion called the quasi-judicial heating to order at 8:21 p.m., the City Clerk noted that the same parties who would offer testimony had already been sworn, and the City Attorney read Ordinance No. O-95-14 by title only. The Director of Community Development gave a brief presentation. Mayor Firtion closed the quasi-judicial hearing at 8:24 p.m. The Director of Community Development recommended approval. TAPE I - SIDE II (8:24 p.m.) MOTION by Cartwright/Damp I move to adopt Ordinance No. 95-14. ROLL CALL: Mrs. Canwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye MOTION CARRIED 5-0 95.084 C. ORDINANCE NO. O-95-15 - Tract F, Sebastian Christian Church Comprehensive Land Use Plan (Director of Community Transmittal dated 6/5/95, O-95-15, Application for Land Use Change, Area Map, 4/7/95 P & Z Recommendation, 20A-I 1.6C LDC, 20A-11.8C LDC, Comp Plan Policy 1-2.1.3) 1st Quasi-Judicial Hearing and Transmittal to DCA - City Council Intends to Conduct a Second Public Hearing Upon Return from DCA 10 Regular City Council Meeting June 14, 1995 Page Eleven AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE LAND USE PLAN AND THE COMPREHENSIVE LAND USE PLAN MAP; CHANGING TRACT F IN SEBASTIAN HIGHLANDS UNIT 17 IN THE CITY OF SEBASTIAN, CONTAINING APPROXIMATELY THREE ACRES, MORE OR LESS FROM INS (INSTITUTIONAL) TO LDR (LOW DENSITY RESIDENTIAL); AMENDING ORDINANCE NO. O- 91-17; 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 6/5/95, 1st Reading and 1st Quasi-Judicial Hearing 6~14~95for Transmittal to DCA) Mayor Firtion called the quasi-judicial hearing to order at 8:25 p.m. and the City Attorney read Ordinance No. 0-95-15 by title only. The City Clerk noted that those who intended to offer testimony had been previously sworn. The Director of Community Development gave a brief explanation and recommended approval. Mayor Firtion closed the quasi-judicial heating at 8:28 p.m. The Director of Community Development recommended approval for transmittal to Department of Community Affairs. MOTION by Halloran/Camvfight I move Council the first reading of Ordinance No. 0-95-15 and transmit this land use amendment to Department of Community Affairs. Discussion took place on the uses proposed. 11 Regular City Council Meeting June 14, 1995 Page Twelve ROLL CALL: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright - aye - aye - aye - aye MOTION CARRIED 5-0 CONSENT AGENDA ./IH 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 - 5/24/95 Workshop, 5/24/95 Regular Meeting 95.105 Local Option Gas Tax Distribution - Authorize City Manager and City Clerk to Execute Inteflocal Agreement with Indian River County (City Manager Transmittal dated 6/5/95, Davis Letter dated 5/31/95, Tax Distribution Formula, Agreement) 95.106 Co Renew Use Agreement Between Humane Society of Indian River County and City of Sebastian - Barber Street Sports Complex as Animal Compound in the Event of Hurricane or Natural Disaster (City Manager Transmittal dated 6/7/95, Humane Society Letter dated 5/16/95, Use Agreement) 95.107 Rotary Club - Request Use of Community Center - Turkey Raffle Fundraiser - 11/17/95, 6 pm to 10 pm - AfB and Admission Fee - Permittee DOB 8/11/28 - Security Paid (City Clerk Transmittal dated 5/11/95, Application) 95.108 Maxi Parsons Wedding Reception - Request Use of Yacht Club - 6/24/95 - 1 pm to 5 pm - A/B - Permittee DOB 6/24/95 - Security Paid (City Clerk Transmittal dated 5/23/95, Application) 12 Regular City Council Meeting June 14, 1995 Page Thirteen 95.109 F. Associates of Sebastian Kmart - Request of Riverview Park - Company Picnic - 6/25/95 - Use of Electricity - Standard Conditions (Director of Community Development Transmittal dated 6/5/95, LaCivita Letter dated 5/20/95) The City Manager read the consent agenda. Mrs. Cartwright removed item A. MOTION by Corem/Damp I move the approval of items B, C, D, E and F of the consent agenda. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 Item A Mrs. Cartwright amended the May 24, 1995 minute to include an amending motion which was left out. MOTION by Cartwright/Damp I move to approve item A with the amendment. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Car~arri~t - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 13 Regular City Council Meeting June 14, 1995 Page Fourteen 10. pRESENTATIONS None. 11. COMMITTEE REPORTS/RECOMMENDATIONS 95.110 A. Sebastian River Area Chamber of Commerce - Report by Don Bauer Re: Welcome Signs Located at City Entrances - Requested by Alternate Liaison Norma Damp (No Backup) Don Bauer, 161 CR 512, Sebastian, said he inspected City welcome signs at Councilmember Damp's request and reported that they are unsalvageable and gave a replacement cost of $1000 for the west limit sign and $5,000 for the other two signs. The Director of Community Development gave a brief report on the location of the signs. Mrs. Damp said she would like any future plans for the signs to be a public decision. Mayor Firtion requested that item 95.098 Engineering consultant ranking be moved up on the agenda. MOTION by Comm/Cartwright So move. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 14 Regular City Council Meeting June 14, 1995 Page Fifteen 95.098 A. Rank General Engineering Consultants and Direct City Manager to l}egia blegotiations (No Backup) Mayor Firtion announced the rank order as follows: 1) Masteller, Moler and Associates; 2) Williams, Hatfield and Stoner, and 3) McCully-Provost. MOTION by Cartwfight/Damp I move to "direct the City Manager to conduct a negotiation on the rates to bring back a consulting agreement to the City Council for ratification." (language by the City Manager). ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firfion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 95.111 Planning and Zoning Commission - Interview and Appoint Regular Member - Committee Recommends Reappointment of Earl Shroyer to Three Year Regular Member Position to Expire June 1998 (Director of Community Development Transmittal dated 6/6/95, Applications, P & Z Memo dated 6/2/95, Section 10 of R-94-51) City Council interviewed Earl Shroyer, Joseph Schulke, Jean Brandtmeyer, and Harry Thomas withdrew his application. MOTION by Damp/Cartwright I move to appoint Joseph Schulke from first alternate to regular member position with his term to expire June of '98. 15 Regular City Council Meeting June 14, 1995 Page Sixteen ROLL CALL: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright - aye - aye - aye - aye MOTION CARRIED 4-1 (Halloran - nay) 12. OLD BUSINESS - None 95.098 A. Consulting Engineer Rate Structure - Craven, Thompson and Associates, Inc. - Authorize Mayor and Cit7 Clerk to Execute Agreement and Rate Structure (City Manager Transmittal dated 6/2/95, Agrcmet t w/T~vo Attachments) The City Manager recommended approval. MOTION by Corum/Damp I make a motion for the City Council to authorize the Mayor and City Clerk to execute the proposed agreement and rate structure. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 13. NEW BUSINESS Item A was previously moved up on the agenda. 16 Regular City Council Meeting June 14, 1995 Page Seventeen 95.112 B. [~ESOLUTION NO. R-95-34 - Water and Sewer Rates (City Manager Transmittal dated 6/8/95, R-95-34) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A WATER SYSTEM RATE SCHEDULE AND A WASTEWATER SYSTEM RATE SCHEDULE AS PROVIDED IN ORDINANCE NO. 0-93-19 AND THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Walter Barnes, 402 Azine Terrace; Harry Thomas, 654 Balboa Street; Sebastian; Sal Neglia, Balboa Street; and Richard Taracka, Coverbrook Lane, all of Sebastian, expressed concerns about water and sewer issues. TAPE II - SIDE I (9:10 p.m.) MOTION by Conun/Damp I move Council adopts R-95-34. Mrs. Cartwright said she was not convinced the increase was necessary at this time. The City Manager responded to her concerns, noting that the City is required to meet the bond covenants. The City Attorney said not meeting those covenants could have some impact on furore bonding and recommended compliance. The Finance Director further explained the loss of revenues. The City Manager reiterated his recommendation to take action at this time. 17 Regular City Council Meeting June 14, 1995 Page Eighteen ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - nay Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 4-1 (Cartwright - nay) 95.113 C. 13riefmg on Airport Master Plan and Authorize City Manager to Loan Funds to Airport Enterprise Fund for Road Construction (City Manager Transmittal dated 6/8]95) Bob Freeland and Warren Dill requested that they hear the briefing prior to any input. John Van Antwerp, Airport Manager, gave a brief presentation on the Airport Master Plan, specifically the need for relocation of Airport Drive West. Eric Neilsen, Greiner, gave a lengthy presentation, further explaining proposed improvements and funding available to Sebastian as a resource airport from FDOT. TAPE II - SIDE II (10:00 p.m.) Bob Freeland, 733 Wentworth Street, Sebastian, objected to lending money to enterprise funds when other streets need paving. Warren Dill, 11675 Roseland Road, Sebastian, expressed concern for plans to pave 4-22 as Phase I of the Airport Master Plan prior to obtaining funding for all other phases. Discussion continued on plans and funding. At 10:20 p.m., Mayor Firtion inquired whether Council wanted to extend the meeting. 18 Regular City Council Meeting June 14, 1995 Page Nineteen MOTION by Halloran/Damp I move we extend the meeting to 11:00 p.m. ROLL CALL: vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 Discussion continued. The City Manager said he wanted to guarantee that if the Airport repairs Airport Drive West with its own funds, and the federal government changes funding cycles, the City could loan the funds to the airport for matching funds. MOTION by Damp/Halloran I move to authorize the City Manager the authority to loan an amount not to exceed $100,000 to the airport enterprise fund in the event the money is necessary for match moneys for grants-in-aid and charge six percent interest. (Although stated three times prior in slightly different manners, this, the final format, is the motion that was seconded). Mrs. Cartwright inquired if the loan approval could wait. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firfion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 19 Regular City Council Meeting June 14, 1995 Page Twenty 95.029 D. 95.013 ~INANCE NO,_0-95-0~ - Revised - Restricting Parking in Residential Districts and on Street Rights-of-Way (City Manager Transmittal dated 6/8/95, 0-95-03) 1st Reading, Set Public Hearing 7/12/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, RESTRICTING PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING DEFINITIONS, SETTING PENALTIES FOR VIOLATIONS, PROVIDING METHODS FOR ENFORCEMENT, PROVIDING FOR SEVERABiLITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 11/2/94, 1st Draft Reviewed 2/1/95, 1st Reading 6/14/95) The City Attorney suggested this ordinance be held until the next meeting. City Council concurred. ORDINANC~ NO, 0-~-! 9 - Accessory Buildings (Director of Community Development Transmittal dated 6/6/95, O-95-19) 1st Reading, Set Public Hearing 7/12/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, REGULATING ACCESSORY BUILDINGS, PROVIDING DEFINITIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/24/95) The City Attorney read Ordinance No. O-95-19 by title only. The Director of Community Development suggested adding "or exterior walls higher than the structure containing the primary residence" after the word "height" in the first sentence in Section 1. D.7. 20 Regular City Council Meeting June 14, 1995 Page Twenty-One MOTION by Corum/Cartwfight I make a motion for Council to approve the first reading and set the public hearing for July 12, 1995 with Cooper's amendments. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 Vice Mayor Corum continued her inquiries of consultant Eric Nielsen. 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker None. 15. CITY COUNCIL MATTERS A. Mayor Arthur Firtion None. B. Vice Mayor Carolyn Corum Vice Mayor Corem responded to a statement made during public input. C. Mrs. Louise Cartwright None. 21 Regular City Council Meeting June 14, 1995 Page Twenty-Two D. Mr$~ Norrna Damp None. E. Mr. Raymond Halloran None. 16. CITY ATTORNEY MATTERS 95.114 The City Attorney advised that the legislature has adopted law on quasi- judicial hearings relative to ex-parte communication disclosure and asked if City Council would like him to amend the city's resolution by the next meeting if in effect by that time. A consensus poll was taken: ROLL CALL: Mayor Firtion Vice Mayor Corem Mrs. Cartwright Mrs. Damp Mr. Halloran - aye - aye - aye - aye MOTION CARRIED 5-0 17. CITY MANAGER MATTERS 95.089 The City Manager inquired whether City Council still wanted to hold the FS 180 hearing on June 28, 1995 and the City Attorney expressed concern whether there was time to prepare. City Council scheduled the hearing for July 5, 1995. 22 Regular City Council Meeting June 14, 1995 Page Twenty-Three The City Manager inquired whether Council wanted to have the City Attorney to draft an ordinance relative to temporary use permits. 18. Being no further business, Mayor Firfion adjourned the Regular Meeting at 10:55 p.m. Approved at the ~.. ~v cZ Meeting. ,1995, Regular City Council Arthur L. Firtion, Mayor City Clerk 23 EXHIBIT "A" Section 5. EFFECTIVE DATE. The fee schedule which exists in Sections 30-51 and 30-52 of the Code of Ordinances of the City of Sebastian will continue in effect through September 30, 1995. The fee schedule which is set out in Sections 30-50 and 30-51 of this Ordinance shall be effective on October 1, 1995. This Ordinance shall become effective thirty (30) days after its passage and adoption.