HomeMy WebLinkAbout06211995 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
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MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, JUNE 21, 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
No public input is allowed at Special Meetings, unless provided in the meeting call
(R-95-23)
1. Mayor Firtion called the Special Meeting to order at 6:30 p.m.
2. ]~)_LL CALL
City Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwfight
Mrs. Norma Damp
Mr. Raymond Halloran
Staff Present:
City Manager, Joel Koford
City Attorney, Timothy Williams
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Special City Council Meeting
June 21, 1995
Page Two
95.115
SPECIAL MEETING ITEMS
I~ESOLI, JTION NO. R-95-36 - Temporary Use Permit Policy (City
Manager Transmittal dated 6/21/95, R-95-36)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING A TEMPORARY USE PERMIT
(TUP) POLICY; ESTABLISHING CRITERIA FOR ISSUANCE OF
TEMPORARY USE PERMITS; PROVIDING FOR AN APPLICATION
FEE AND PERMIT FEE; 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-95-36 by title only.
The City Manager recommended approval of the policy resolution until
such time as the Land Development Code is amended to include language
for temporary use permits, recommended deletion of "for each day of
operation" in the last paragraph relative to fees, and stated that the purpose
of the policy is to provide the capability for property owners to allow
organizations to use parking lots for special kinds of sales.
Following a request from Mrs. Cartwfight a consensus poll was conducted
to add duration of the sales. All City Council members agreed to add a
duration of "fourteen consecutive days or fewer" except Vice Mayor
Corem who did not cast a vote. This was added as item O) in Section 1.
Vice Mayor Corem expressed concern that the public and other local
businesses were not given an opportunity to review the proposed resolution
and recommended deferring the item to the next regular meeting.
The City Attorney advised that some policy should be implemented to give
the City Manager guidelines to follow to give approval to Walmart.
2
Special City Council Meeting
June 21, 1995
Page Three
Bruce Bennett, Walmart Store Director, addressed City Council and
requested a temporary use permit for a car show and fireworks sales and
noted that Walmart, in its prior location in the county, sold fireworks each
year for eight years.
The sentence "Within seven (7) days of temporary use permit expiration, all
items related to transient merchant operation shall be removed from the
site", was added at the request of Mrs. Cartwright and concurrence of the
City Manager. There were no objections.
At the request of Mrs. Cartwright and input from the City Attorney, Section
(1) was changed to "Application for a TUP shall be made by the owner or
lessee of the host site". There were no objections.
Discussion took place on making this policy valid for a limited time to
compel the Council to adopt Land Development Code language.
Mrs. Cartwright and Vice Mayor Corum expressed concern for lack of
restriction of permitted uses in the policy. The City Manager suggested the
use would be restricted to allowed uses in certain zones. The City Attorney
agreed that it doesn't give the City Manager much authority to turn things
down. Mrs. Cartwright suggested using language in the Director of
Community Development's June 6, 1995 memo regarding "seasonal sales
such as Christmas trees and fireworks sales and other similar uses, special
boat and vehicle sales", however, no definite decision was made on this.
MOTION by Corum/Damp
"I'd like to make a motion. I'd like to allow Walmart their
temporary use permit to have a car show on their premises and to allow
them to sell their fireworks on their premises for the month of end of June
and the beginning of July."
Mrs. Cartwright again requested definition of the terms of the permitted
uses. The City Attorney said uses could be subject to such restrictions as
the City Manager or Code Enforcement were to provide.
Special City Council Meeting
June 21, 1995
Page Four
ROLL CALL:
Vice Mayor Corem - aye
Mrs. Cartwright - nay
Mrs. Damp - nay
Mr. Halloran - nay
Mayor Firfion - aye
MOTION FAILED 2-3 (Cartwright, Damp, Halloran - nay)
Mrs. Cartwright said, "I was just going to say that if the Council passes this
then we can, the draft, okay, the temporary use permit, then we have
something we can make a motion". The City Clerk clarified for the record,
that Mrs. Cartwright was referring to Section 1 of the resolution only.
Vice Mayor Corem excused herself at 6:58 p.m.
Mrs. Cartwright requested the addition of"and Fire Department by the City
Manager", in the last sentence of the last paragraph of Section 1.
Mr. Halloran requested that the resolution expire within 90 days. The City
Manager inquired whether that amendment would be added to Section 4
and City Council concurred.
The City Attorney suggested adding a sentence to (h), "Any mobile homes
or trailers may not exceed 200 square feet in area.". There were no
objections.
MOTION by Halloran/Cartwright
"I move that we adopt the Section 1, temporary use permits portion
of R-95-36 with the corrections that we discussed this evening regarding the
(tape ended - TAPE I - SIDE ii) that we agreed upon this evening."
4
Special City Council Meeting
June 21, 1995
Page Five
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - absent
MOTION CARRIED 4-0 (Corum - absent)
Mayor Firtion adjourned the meeting at this time, however, Mrs. Cartwright
noted Council needed to "move to grant Walmart a temporary use permit to
hold a fireworks sale and the car sale", and Mrs. Damp seconded. During
the making of the second motion it was determined that the first motion was
incorrect due to the fact that it approved only the first section of the
resolution although Council had made amendments to Section 4 to make the
resolution effective only for ninety days.
MOTION by Halloran/Cartwright
"I move that Council approves R-95-36 with that corrections that we
discussed this evening and agreed upon."
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - absent
Mrs. Cartwright - aye
MOTION CARRIED 4-0 (Corum - absent)
B. Consider Temporary Use Permit for Walmart
MOTION by CartwrighffHalloran
"I move we approve the temporary use permit for Walmart for a
fireworks sale and a vehicle sale."
Special City Council Meeting
June 21, 1995
Page Six
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - absent
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 4-0 (Corem - absent)
6. Mayor Firtion adjourned the Special Meeting at 7:10 p.m.
Approved at the ~.~_~
Meeting.
o~ ,1995, Regular City Council
Arthur L. Firtion, Mayor
Kathryn 1~I. O Hal!oran, CMC/AAE
City Clerk