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HomeMy WebLinkAbout06171992 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 17, 1992 - 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 MALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Chet Tokar, Sebastian. Christian Church 4. 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 (Resolution No. R-89-59). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS ?. PUBLIC ~EARiNG, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: Mayor Opens Hearing attorney Reads Ordinance Or Resolution Staff Presentation Public Input Staff Summation Mayor Closes Hearing Council Action 92.038 92.182 92.183 92.184 10. ORDINANCE NO. 0-92-10 - Vacation of Alleyway - Ocean Breeze Heights - Kennedy AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN ALLEY LOCATED WEST OF THE EXISTING SEBASTIAN COMMUNITY CENTER ADJACENT TO THE llTH STREET RIGHT-OF-WAY; PROVIDING FOR THE PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY EASEMENTS; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/13/92, Originally Scheduled and Advertised for 6/10/92 Public Hearing in 5/27/92 Legal Notices, 6/10/92 Regular Meeting Canceled, Readvertised 6/17/92 Public Hearing in 6/3/92 Legal Notices, Public Hearing and Adoption 6/17/92) PUBLIC INPUT ON AGENDA ITEMS 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 the Council. CONSENT AGENDA - Ail 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 - 6/3/92 Workshop Ando Building Corporation - Request to Remove Specimen Tree - One Pine - Lot 9, Block 199, Unit 10, Sebastian Highlands (Staff Recommendation dated 5/26/92, Application, Survey, HRS Permit) Holiday Builders, Inc. - Request to Remove Specimen Tree - One Pine - Lot 6, Block 401, Unit 11, Sebastian Highlands (Staff Recommendation dated 6/4/92, Application, Survey) Receive Code Enforcement Orders - Case No. 92- 6484 (Grieco) - Case Nos. 92-6345, 92-6348, 92- 6418, 92-6436 (Sturm) PRESENTATIONS 92.185 92.044 92.181 11. 12. 13. 14. 15. 16. MAYOR AND CITY COUNCIL MATTERS A. Mr. Frank Oberbeck B. Mrs. Carolyn Corum C. Dr. Peter R. Holyk D. Mr. George G. Reid E. Mayor Lonnie R. Powell CITY ATTORNEY MATTERS CITY MANAGER MATTERS COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS Discussion - Implementation of Water Restriction Plan - Chapter 30 Code of Ordinances - Deferred from 5/27/92 Regular Meeting (Chapter 30 Code of Ordinances) NEW BUSINESS Golf Course Clubhouse Expansion - Approve Contract for Professional Services of Architectural Firm of Peter W. Jones, P.A. - $19,600 (Staff Recommendation dated 6/10/92, Contract) ORDINANCE NO. O-92-14 - Airport Manager (City Manager Recommendation dated 6/10/92, 0-92-14) 1st Reading, Set Public Hearing 7/8/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING CHAPTER 3.5 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 3.5-4 (a) TO REMOVE THE REQUIREMENT THAT THE AIRPORT MANAGER BE AN EXISTING FIXED BASED OPERATOR; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 6/3/92) 3 92.186 92.187 92.152 ORDINANCE NO. 0-92-1§ - Adopting Water and Wastewater Utility Rates (Staff Recommendation dated 6/11/92, 0-92-15) 1st Reading, Set Public Hearing 7/8/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, ADOPTING WATER AND WASTEWATER UTILITY RATES; ADOPTING A FEE IN LIEU OF FRANCHISE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEES; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 0-92-11 - Creative Playground Open Hours - Sunrise to Sunset (Staff Recommendation dated 6/10/92, O-92-11) 1st Reading, Set Public Hearing 7/8/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO PUBLIC PARKS AND PUBLIC RECREATIONAL FACILITIES; AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 18-1 TO REDUCE THE HOURS THAT THE CREATIVE PLAYGROUND PUBLIC RECREATIONAL FACILITY IS OPEN FOR PUBLIC USE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/27/92) ORDINANCE NO. O-92-12 - Vacation of Drainage R.O.W. (Staff Recommendation dated 6/8/92, 0-92-12) 1st Reading, Set Public Hearing 7/8/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN DRAINAGE RIGHT- OF-WAY LOCATED ON LOT 12, BLOCK 222, SEBASTIAN HIGHLANDS UNIT 8, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 9, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, NEAR THE INTERSECTION OF BISCAYNE LANE AND LANDSDOWNE DRIVE, IN THE CENTRAL PART OF THE CITY; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/6/92) 4 92.150 F. 92.134 92.188 92.169 92.189 17. ORDINANCE NO. 0-92-13 - Vacation of a Portion of North Central Avenue Right-of-Way (Staff Recommendation dated 6/11/92, 0-92-13) Reading, Set Public Hearing 7/8/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF THE CENTRAL AVENUE RIGHT-OF-WAY LOCATED. EAST OF U.S. HIGHWAY 1, ALSO KNOWN AS STATE ROAD 5, WEST OF INDIAN RIVER DRIVE AND NORTH OF MAIN STREET; PROVIDING FOR THE PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY EASEMENTS; PROVIDING CONDITIONS; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 2/5/92, 5/6/92) Visions For The Future - Appoint a City Government Representative (Campbell Letter dated 5/28/92) RESOLUTION NO. R-92-30 - Metropolitan Planning Organization - Interlocal Agreement - Appointment of Representatives (Staff Recommendation dated 6/4/92, R-92-30, City Engineer Memo dated 6/4/92, MPO Info, Governor's Letter dated 4/10/92, Keating Letter dated 5/6/92, Keating Memos dated 6/1/92) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AGREEING IN PRINCIPLE TO EXECUTION OF A METROPOLITAN PLANNING ORGANIZATION (AN "MPO") INTERLOCAL AGREEMENT; PROVIDING FOR AN MPO APPORTIONMENT PLAN; APPOINTING A REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO SERVE ON THE MPO AND INTERIM MPO; PROVIDING FOR REPEAL OF RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on t--~e Agenda - By ResolutiOn No. R-89-30 Limit of Ten Minutes for Each Speaker) Ron C. Harsh - Proposed Community Bandstand Project (Harsh Letter dated 5/26/92) Herbert Sturm - Rescind Code Enforcement Orders and Remove Code Enforcement Board Members (Agenda Request, Certified Letter dated 4/2/92, Code Enforcement Board Minutes dated 5/20/92, Code Enforcement Board Form, Notice of ViOlation Hearing) 18. 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 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 17, 1992 - 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. Vice Mayor Oberbeck called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. invocation was given by Reverend Chet Tokar, Sebastian Christian Church. 4. ROLL CALL Present: Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Dr. Peter Holyk Mr. George Reid Absent: Mayor Lonnie Powell (excused) Also Present: City Manager, Robert McClary City Attorney, Rick Torpy City Engineer/PW Director, Dan Eckis Finance Director, Mike Hudkins City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting June 17, 1992 Page Two 92.038 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution NO. R-89-5g). Item No. 92.169 Ron C. Harsh - Proposed Community Bandstand Project was withdrawn by request of Mr. Harsh. PROCLAMATIONS AND/OR ANNOUNCEMENTS None. PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action ORDINANCE NO. 0-92-10 - Vacation of Alleyway - Ocean Breeze Heights - Kennedy AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN ALLEY LOCATED WEST OF THE EXISTING SEBASTIAN COMMUNITY CENTER ADJACENT TO THE llTH STREET RIGHT-OF-WAY; PROVIDING FOR THE PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY EASEMENTS; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/13/92, Originally Scheduled and Advertised for 6/10/92 Public Hearing in 5/27/92 Legal Notices, 6/10/92 Regular Meeting Canceled, Readvertised 6/17/92 Public Hearing in 6/3/92 Legal Notices, Public Hearing and Adoption 6/17/92) The City Attorney read Ordinance No. 0-92-10 by title only. Mr. Oberbeck opened the public hearing at 7:05 p.m., and being no input, closed it. 2 Regular City Council Meeting June 17, 1992 Page Three The City Manager recommended adoption and advised that the property abandoned would be shared equally by the city. MOTION by Holyk/Reid I would move that we adopt Ordinance No. 0-92-10 vacation of alleyway Ocean Breeze Heights Kennedy. ROLL CALL: Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mr. Oberbeck aye Mayor Powell absent MOTION CARRIED 4-0. 8. PUBLIC INPUT ON AGENDA ITEMS 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 the Council. None. CONSENT AGENDA - Ail 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 - 6/3/92 Workshop 92.182 Ando Building Corporation - Request to Remove Specimen Tree - One Pine - Lot 9, Block 199, Unit 10, Sebastian Highlands (Staff Recommendation dated 5/26/92, Application, Survey, HRS Permit) 92.183 Holiday Builders, Inc. - Request to Remove Specimen Tree - One Pine - Lot 6, Block 401, Unit 11, Sebastian Highlands (Staff Recommendation dated 6/4/92, Application, Survey) 92.184 Receive Code Enforcement Orders - Case No. 92- 6484 (Grieco) - Case Nos. 92-6345, 92-6348, 92- 6418, 92-6436 (Sturm) The City Manager read the consent agenda in its entirety. 3 Regular City Council Meeting June 17, 1992 Page Four 10. Dr. Holyk removed item D; Mrs. Corum removed item B. MOTION by Holyk/Reid I would move that items A and C of the consent agenda be approved as noted. VOICE VOTE on the motion carried 4-0. Item B MOTION by Corum/Reid I move that we deny the approval of this 22 1/2" specimen tree on Watercrest Drive. Discussion ensued relative to location of the tree and consequences of it remaining. ROLL CALL: Dr. Holyk nay Mr. Reid nay Mayor Powell absent Mr. Oberbeck nay Mrs. Corum aye MOTION FAILED 1-3 (Holyk, Reid, Oberbeck - nay). MOTION by Holyk/Reid I would move that we approve the request of Ando Building Corporation with the request to remove the specimen tree, one pine on Lot 9, Block 199, Unit 10, Sebastian Highlands. VOICE VOTE carried 3-1 (Corum - nay) Item D In response to Dr. Holyk, the City Attorney said receipt of the Sturm Code Enforcement order by City Council prior to hearing Mr. Sturm would have no impact on the case. MOTION by Holyk/Reid I make a motion that we approve item D of the consent agenda as written. VOICE VOTE on the motion carried 4-0. PRESENTATIONS None. 4 Regular City Council Meeting June 17, 1992 Page Five 11. MAYOR AND CITY COUNCIL MATTERS A. Mr. Frank Oberbeck The City Engineer gave a progress report on Laconia Street. B. Mrs. Carolyn Corum Mrs. Corum requested that the City Council agenda be published in the newspaper; and, discussed the GDU THM problem. A citizen requested to be heard during this discussion. C. Dr. Peter R. Holyk Dr. Holyk requested a progress report on the Laura Jackson house; urged citizens to get involved with the 4th of July festivities; and recommended that citizens, when addressing Council, say what they mean. D. Mr. George G. Reid Mr. Reid inquired as to status of proposed charter amendments. The City Manager responded. TAPE I - SIDE II In response to Mr. Reid, the City Manager said any proposed rate increases requested by GDU would be evaluated under the terms of its franchise agreement. E. Mayor Lonnie R. Powell Absent. 12. CITY ATTORNEY MATTERS None. 13. CITY MANAGER MATTERS The City Manager advised that the bronze plaque at Colonel Ashford T. Jordan Park is located at the park but had been covered by vegetation, and reported on the CWA agreement which will come before the CWA on June 22 and Council for ratification on June 24, 1992. Regular City Council Meeting June 17, 1992 Page Six 14. COMMITTEE REPORTS/RECOMMENDATIONS None. 15. OLD BUSINESS 92.185 A. 92.044 16. Discussion - Implementation of Water Restriction Plan - Chapter 30 Code of Ordinances - Deferred from 5/27/92 Regular Meeting (Chapter 30 Code of Ordinances) The City Manager recommended, in light of recent heavy rains, that City Council take no action to put water restrictions into effect at this time. City Council concurred following a brief discussion. Mr. Oberbeck called recess at 7:58 p.m. and reconvened at 8:09 p.m. Ail members were present. NEW BUSINESS Golf Course Clubhouse Expansion - Approve Contract for Professional Services of Architectural Firm of Peter W. Jones, P.A. - $19,600 (Staff Recommendation dated 6/10/92, Contract) MOTION by Holyk/Corum I would move the Council approve the Golf Course clubhouse expansion and approve the contract for professional services with the architectural firm of Peter W. Jones, P.A. in the sum of $19,600. ROLL CALL: Mr. Reid aye Mayor Powell absent Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye MOTION CARRIED 4-0. 6 Regular City Council Meeting June 17, 1992 Page Seven 92.181 B. ORDINANCE NO. 0-92-14 - Airport Manager (City Manager Recommendation dated 6/10/92, 0-92-14) 1st Reading, Set Public Hearing 7/8/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING CHAPTER 3.5 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 3.5-4 (a) TO REMOVE THE REQUIREMENT THAT THE AIRPORT MANAGER BE AN EXISTING FIXED BASED OPERATOR; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 6/3/92) The City Attorney read Ordinance No. O-92-14 by title only. MOTION by Reid/Corum I move that we acknowledge the first reading of Ordinance No. O-92-14 and set the public hearing for 7/8/92. ROLL CALL: Mayor Powell absent Mr. Oberbeck nay Mrs. Corum aye Dr. Holyk aye Mr. Reid aye MOTION CARRIED 3-1 (Oberbeck - nay) 92.186 ORDINANCE NO. 0-92-15 - Adopting Water and Wastewater Utility Rates (Staff Recommendation dated 6/11/92, 0-92-15) 1st Reading, Set Public Hearing 7/8/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING WATER AND WASTEWATER UTILITY RATES; ADOPTING A FEE IN LIEU OF FRANCHISE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEES; AND PROVIDING FOR AN EFFECTIVE DATE. 7 Regular City Council Meeting June 17, 1992 Page Eight The City Attorney read Ordinance No. 0-92-15 by title only. MOTION by Holyk/Reid I would move that we accept the first reading of Ordinance No. O-92-15 and set the public hearing for 7/8/92. ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell absent MOTION CARRIED 4-0. 92.187 ORDINANCE NO. 0-92-11 - Creative Playground Open Hours - Sunrise to Sunset (Staff Recommendation dated 6/10/92, 0-92-11) 1st Reading, Set Public Hearing 7/8/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO PUBLIC PARKS AND PUBLIC RECREATIONAL FACILITIES; AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 18-1 TO REDUCE THE HOURS THAT THE CREATIVE PLAYGROUND PUBLIC RECREATIONAL FACILITY IS OPEN FOR PUBLIC USE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/27/92) The City Attorney read Ordinance No. 0-92-11 by title only. MOTION by Corum/Reid I move that we approve Ordinance No. O-92-11 Creative Playground open hours, sunrise to sunset and set the public hearing for 7/8/92. ROLL CALL: Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell absent Mr. Oberbeck aye MOTION CARRIED 4-0. Regular City Council Meeting June 17, 1992 Page Nine 92.152 E. ORDINANCE NO. O-92-12 - Vacation of Drainage R.0.W. (Staff Recommendation dated 6/8/92, O-92-12) 1st Reading, Set Public Hearing 7/8/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN DRAINAGE RIGHT- OF-WAY LOCATED ON LOT 12, BLOCK 222, SEBASTIAN HIGHLANDS UNIT 8, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 9, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, NEAR THE INTERSECTION OF BISCAYNE LANE AND LANDSDOWNE DRIVE, IN THE CENTRAL PART OF THE CITY; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/6/92) The City Attorney read Ordinance No. 0-92-12 by title only. MOTION by Holyk/Corum I would move that we adopt the first reading of Ordinance No. 0-92-12 vacation of drainage right-of- way and set the public hearing for 7/8/92. ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell absent Mr. Oberbeck aye Mrs. Corum aye MOTION CARRIED 4-0. 92.150 ORDINANCE NO. 0-92-13 - Vacation of a Portion of North Central Avenue Right-of-Way (Staff Recommendation dated 6/11/92, O-92-13) 1st Reading, Set Public Hearing 7/8/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF THE CENTRAL AVENUE RIGHT-OF-WAY LOCATED EAST OF U.S. HIGHWAY 1, ALSO KNOWN AS STATE ROAD 5, WEST OF INDIAN RIVER DRIVE AND NORTH OF MAIN STREET; PROVIDING FOR THE PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY EASEMENTS; PROVIDING CONDITIONS; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 2/5/92, 5/6/92) Regular City Council Meeting June 17, 1992 Page Ten The City Attorney read Ordinance No. 0-92-13 by title only. MOTION by Holyk/Reid I would move that we accept the first reading of Ordinance No. O-92-13 vacation of a portion of North Central Avenue right-of-way and set the public hearing date for 7/8/92. ROLL CALL: Mr. Reid aye Mayor Powell absent Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye MOTION CARRIED 4-0. 92.134 Visions For The Future_- Appoint ~ City Government Representative (Campbell Letter dated 5/28/92) Dr. Holyk volunteered, was appointed to the position and recommended that the City Planner be made alternate. City Council concurred. 92.188 RESOLUTION NO. R-92-30 - Metropolitan Planning Organization - Interlocal Agreement - Appointment of Representatives (Staff Recommendation dated 6/4/92, R-92-30, City Engineer Memo dated 6/4/92, MPO Info, Governor's Letter dated 4/10/92, Keating Letter dated 5/6/92, Keating Memos dated 6/1/92) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AGREEING IN PRINCIPLE TO EXECUTION OF A METROPOLITAN PLANNING ORGANIZATION (AN "MPO") INTERLOCAL AGREEMENT; PROVIDING FOR AN MPO APPORTIONMENT PLAN; APPOINTING A REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO SERVE ON THE MPO AND INTERIM MPO; PROVIDING FOR REPEAL OF RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution NO. R-92-30 by title only. 10 Regular City Council Meeting June 17, 1992 Page Eleven 92.169 92.189 17. The City Manager and City Engineer advised that the members do not have to be the same members as serve on the Transportation Planning Committee as noted in the resolution, and that the number of committee members had been increased by the Indian River County Commission during its deliberations yesterday. MOTION by Holyk/Reid I would make a motion that we adopt Resolution No. R-92-30 for the Metropolitan Planning Organization interlocal agreement and appointment of representatives with the modifications as Just stated and that is, there were four representatives from Indian River County, one representative each from Fellsmere, Sebastian and Indian River Shores and two members of the Vero Beach City Council as the voting members of this MPO. VOICE VOTE on the motion carried 4-0. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution NO. R-89-30 Limit of Ten Minutes for Each Speaker) Ron C. Harsh - Proposed Community Bandstand Project (Harsh Letter dated 5/26/92) This item had been previously withdrawn. Herbert Sturm - Rescind Code Enforcement Orders and Remove Code Enforcement Board Members (Agenda Request, Certified Letter dated 4/2/92, Code Enforcement Board Minutes dated 5/20/92, Code Enforcement Board Form, Notice of Violation Hearing) Herbert Sturm, 549 Balboa Street, Sebastian, reiterated documentation provided to City Council previously, relative to his request to have the Code Enforcement order rescinded and removal of the Code Enforcement Board. The City Attorney advised that the Code Enforcement order must be appealed to the Circuit Court under 2- 106 of the Code of Ordinances and that City Council can consider removal of members following a public hearing if shown good cause under 2-94 of the Code of Ordinances. 11 Regular City Council Meeting June 17, 1992 Page Twelve Mr. Sturm presented his case. TAPE II - SIDE I A lengthy discussion followed. MOTION by Reid/Holyk I move we deny Mr. Sturm's request %o remove the members of the Code Enforcement Board or to grant a public hearing. ROLL CALL: Mayor Powell absent Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye MOTION CARRIED 4-0. Other Public Input Shirley Kilkelly, 950 Franciscan Avenue, Sebastian, urged that staff move ahead with the proposed tree ordinance. The City Manager advised that the proposed ordinance will come before Planning and Zoning at its first meeting in July. Keith Miller, 961 Riviera Street, Sebastian, urged Council not to forget children. Dr. Holyk recommended that a uniformed police officer be present at Council meetings, however it was decided that when a citizen is out of order, the meeting will be temporarily adjourned and the Police Department called. Edra Young, 1151Clearmont Street, Sebastian, said the Housing Authority has funds available to low income residents for home repair. 18. Being no further business, Mr. Oberbeck adjourned the meeting at 9:18 p.m. Approved at the ~ ~~ .... Coun lng. ! · / kat~';~'~. O Halloran, City' Clerk 12 JUNE 17, 1992 REGULAR CITY COUNCIL MEETING INTRODUCTION OF BUSINESS FROM THE PUBLIC SIGN-UP SHEET (Use this form ~I~ for presentation of matters ~OT on the prepared agenda. Introduction of Business from the Public is the last item on the agenda) NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: 6/17/92 PUBLIC HEARING SIGNUP SHEET ORDINANCE NO. 0-92-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN ALLEY LOCATED WEST OF THE EXISTING SEBASTIAN COMMUNITY CENTER ADJACENT TO THE llTH STREET RIGHT-OF- WAY; PROVIDING FOR THE PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY EASEMENTS; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: 1 NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: iNFORMATION: