HomeMy WebLinkAbout06231993 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 23, 1993 - 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. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Henk Toussaint - St. Sebastian Catholic
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-93-19).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. 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
93.122
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.
ORDINANCE NO. 0-93-X2 - cemetery Regulations
(city Clerk Transmittal dated 6/17/93, O-93-12)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 34 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CEMETERY REGULATIONS; ESTABLISHING NEW RULES AND
REGULATIONS FOR NICHE INTERMENTS; AMENDING CERTAIN
LANGUAGE TO PROVIDE FOR NICHE INTERMENTS; AMENDING
SECTION 34-2 PERTAINING TO TRUST FUNDS; AMENDING
SECTION 34-7 PERTAINING TO LOCATING OF INTERMENT
SITES; AMENDING SECTION 34-8 PERTAINING TO EASEMENTS
ALONG INTERMENT SITES; AMENDING SECTION 34-9
PERTAINING TO PAUPERS' INTERMENT; AMENDING SECTION
34-10 PERTAINING TO FEE FOR OPENING AND CLOSING
INTERMENT SITES OTHER THAN DURING WORKING HOURS;
AMENDING SECTION 34-11 PERTAINING TO INTERMENT SITE
PRICES; AMENDING SECTION 34-13 PERTAINING TO SALE OF
INTERMENT SITES; AMENDING SECTION 34-14 PERTAINING TO
APPROVAL OF WORK ON INTERMENT SITES; AMENDING SECTION
34-15 PERTAINING TO VAULT OR GRAVE LINER REQUIREMENT;
AMENDING SECTION 34-16 PERTAINING TO INTERMENT
REGULATIONS; DELETING EXISTING SECTION 34-17
PERTAINING TO PROHIBITION OF ABOVE GROUND INTERMENTS;
ADDING A NEW SECTION 34-17 PERTAINING TO URN SIZE
REQUIREMENTS; AMENDING SECTION 34-18 PERTAINING TO
INTERMENT SITE MARKERS; AMENDING SECTION 34-19
PERTAINING TO ARTIFICIAL AND FRESH FLOWERS; AMENDING
SECTION 34-21 PERTAINING TO PRUNING AND REMOVAL OF
VEGETATION; AMENDING SECTION 34-22 PERTAINING TO
PROHIBITION OF ENCLOSURES AND MOUNDS; AMENDING
SECTION 34-24 PERTAINING TO LIABILITY; AMENDING
SECTION 34-26 PERTAINING TO PROCEDURES FOR RULE
VIOLATIONS; AMENDING SECTION 34-54 PERTAINING TO
DEPTH OF STANDARD IN-GROUND INTERMENT SITES; AMENDING
SECTION 34-56 PERTAINING TO VEHICLES ON PLATTED IN-
GROUND INTERMENT SITES; AMENDING SECTION 34-57
PERTAINING TO REMOVAL OF TENTS; AMENDING SECTION 34-
58 PERTAINING TO REMOVAL OF DIRT; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 5/26/93, Advertised Legal Notices
6/9/93, Public Hearing and Adoption 6/23/93)
2
93. 175'
93.085
93.189/
93.011
ORDINANCE NO. 0-93-15 - Development Agreement
(City Clerk [for City Attorney] Transmittal dated
6/17/93, 0-93-1s)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO DEVELOPMENT
AGREEMENTS; AMENDING CHAPTER 26 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN TO ADD A NEW
ARTICLE VII; ADDING NEW SECTION 26-210 TO THE CODE OF
ORDINANCES TO PROVIDE THE CITY COUNCIL WITH THE
AUTHORITY TO AUTHORIZE THE MAYOR OR CITY MANAGER TO
ENTER INTO DEVELOPMENT AGREEMENTS ON BEHALF OF THE
CITY OF SEBASTIAN; 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. (lst Reading 5/26/93,
Advertised 6/9/93, Public Hearing and Adoption
6/23/93)
C®
Sebastian Lakes - Continuation of Public Hearing
to Consider Termination of Conceptual Plan and
Rezoning (Director of Community Development
Transmittal dated 6/17/93)
RESOLUTION NO. R-93-28 - Golf Course Rates
(City Manager Transmittal dated 6/17/93, R-93-28)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-92-40
PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE
MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDINGAN EFFECTIVE DATE. (Advertised Legal
Notices 6/16/93, Posted Golf Course, Public Hearing
and Adoption 6/23/93)
8. 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.
Approval of Minutes - 6/9/93 Regular Meeting,
6/16/93 Special Meeting w/Code Enforcement Board,
6/16/93 Special Meeting - Price Airport Lease
93. 122
93.198
93.199
93.200
93.201
e
11.
12.
B. RESOLUTION NO~R-93-X? - Cemetery Rates (city
Clerk Transmittal dated 6/17/93, R-93-17)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, RELATING TO CEMETERY
RATES; ESTABLISHING NEW RATES FOR THE SALE OF
IN-GROUND INTERMENT SITES IN THE MUNICIPAL
CEMETERY; ESTABLISHING NEW RATES FOR THE SALE OF
NICHES IN THE MUNICIPAL CEMETERY; DESCRIBING THE
SERVICES PROVIDED AND THE FEES CHARGED;
ESTABLISHING RATES FOR CREMATION INTERMENTS AND
CORNER MARKERS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
C. Receive Code Enforcement Order No. 93-8038 -
Patton (Order)
D. McQuillen Wedding Reception - Request A/B
Community Center - 8/7/93 - 5 pm to 11 pm -
Security Paid - Permittee DOB 11/6/62 (City Clerk
Transmittal dated 6/7/93, Application)
PRESENTATIONS
I~YOR ~ CITY COUNCIL I~TTERS
A. Mr. Robert Freeland
B. Mayor Lonnie R. Powell
C. Vice-Mayor Frank Oberbeck
D. Mrs. Carolyn Corum
1. "Forget the Florida Scrub Jays" (Corum Memo
dated 6/17/93 w/Backup)
E. Mrs. Norma Qamp
CITY ATTORNEY ~TTERS
A. Proposed Ordinance Re: CATV Utilities (No Backup)
CITY I~AGER I~TTERS
4
93. 174
93.202
93.203
93.204
13. COI~ITT~E REPORT~/RECON)IENDATIONS
14.
15.
A. code Enforcement Board
Reappoint Louis Nicolini to Code Enforcement
Board - Three Year Term to Expire 6/96 (City
Clerk Transmittal dated 6/17/93, Applications)
B. Construction Licensing Board
Accept Resignation of Dennis Dernbach
(Director of Community Development
Transmittal dated 6/16/93, Dernbach Letter
dated 5/31/93)
OLD BUSINESS - None
NE__W BUSINESS
RESOLUTION NO. R-93-29 - Budget /%mendment
(Backup Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE ANNUAL BUDGET OF THE
CITY OF SEBASTIN, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30,
1993; APPROPRIATING FUNDS FOR THE EFFICIENT AND
EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF
SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1993, SUCH APPROPRIATIONS
BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO
AMEND SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE
FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS
OUTSTANDING AS OF SEPTEMBER 30, 1992; PROVIDNG A
MEANS TO AMEND THE SAID BUDGET TO REFLECT GRANTS
RECEIVED AFTER SEPTEMBER 30, 1992; PROVIDING A MEANS
TO AMEND SAID BUDGET SO AS TO CARRY FORWARD
UNENCUMBERED BALANCE IN CAPITAL PROJECTS FUND;
AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED
SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL
NOT BE INCREASED THEREBY; PROVIDNG FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Waive Bidding Procedure - Approve Purchase of
Twenty Park Benches - Gametime, Inc. $4,128.00
(City Engineer Transmittal dated 6/16/93, Quote
and Palm Beach Letter Agreement)
5
16.
INTRODUCTION OF NEW ~USINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
17. 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 THEAPPEAL
IS TO BE HEARD. (286.0105 F.S.)
6
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGNUP SHEET
JUNE 23, 1993 REGULAR CITY COUNCIL MEETING
(Use this form ONnY~£or presentation of matters NO~ on the
prepar, ed agenda. ~.htroduction of Business from the Public is the
last item on~ th~genda)~._, ~ ~ ~
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
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PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
JUNE 23, 1993 REGULAR CITY COUNCIL MEETING
(Use this form ONLY for input on items on the prepared agenda
except for public hearings which have their own signup sheets.
You will now speak immediately prior to the subject after being
recognized by the Mayor.)
NAME : ~_~
ADDRESS :
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
93.
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
93.
NAME :
ADDRESS :
ITEM NO.:
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93.
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93.
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93.
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93.
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93.
PUBLIC HEARING SIGN-UP SHEET
JUNE 23, 1993 REGULAR MEETING
93.189/
93.011
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING RESOLUTION NO. R-92-40 PERTAINING TO GREENS
FEES AND GOLF CART FEES AT THE MUNICIPAL GOLF COURSE; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Use this form ON. for public input on the above referenced
public hearing item
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
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PUBLIC HEARING SIGN-UP SHEET
JUNE 23, 1993 REGULAR MEETING
93.085 C. "~l~aS~,~&l~,L~m.- 4~ontlnuatlon of Publio Hearing
to ConsiSt Termination of Conceptu&l Plan and Rezoning
_/
_
Use ~h~ fo~m 0~ for public input on the above referenced
publThear~g item ~_
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
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NAM~:
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PUBLIC HEARING SIGN-UP SHEET
JUNE 23, 1993 REGULAR MEETING
93. 175
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO DEVELOPMENT AGREEMENTS; AMENDING CHAPTER
26 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ADD A
NEW ARTICLE VII; ADDING NEW SECTION 26-210 TO THE CODE OF
ORDINANCES TO PROVIDE THE CITY COUNCIL WITH THE AUTHORITY TO
AUTHORIZE THE MAYOR OR CITY MANAGER TO ENTER INTO DEVELOPMENT
AGREEMENTS ON BEHALF OF THE CITY OF SEBASTIAN; 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. (lst Reading
5/26/93, Advertised 6/9/93, Public Hearing and 6/23/93)
Use this form O~F for public input on the above referenced
public hearing item
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
PUBLIC HEARING SIGN-UP SHEET
JUNE 23, 1993 REGULAR MEETING
93.122
A. ORDX~i~ ~0. 0-93-X2 - ~eme~eNy Recj'~a~ions
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN PERTAINING TO CEMETERY REGULATIONS;
ESTABLISHING NEW RULES AND REGULATIONS FOR NICHE INTERMENTS;
AMENDING CERTAIN LANGUAGE TO PROVIDE FOR NICHE INTERMENTS;
AMENDING SECTION 34-2 PERTAINING TO TRUST FUNDS; AMENDING SECTION
34-7 PERTAINING TO LOCATING OF INTERMENT SITES; AMENDING SECTION
34-8 PERTAINING TO EASEMENTS ALONG INTERMENT SITES; AMENDING
SECTION 34-9 PERTAINING TO PAUPERS' INTERMENT; AMENDING SECTION
34-10 PERTAINING TO FEE FOR OPENING AND CLOSING INTERMENT SITES
OTHER THAN DURING WORKING HOURS; AMENDING SECTION 34-11
PERTAINING TO INTERMENT SITE PRICES; AMENDING SECTION 34-13
PERTAINING TO SALE OF INTERMENT SITES; AMENDING SECTION 34-14
PERTAINING TO APPROVAL OF WORK ON INTERMENT SITES; AMENDING
SECTION 34-15 PERTAINING TO VAULT OR GRAVE LINER REQUIREMENT;
AMENDING SECTION 34-16 PERTAINING TO INTERMENT REGULATIONS;
DELETING EXISTING SECTION 34-17 PERTAINING TO PROHIBITION OF
ABOVE GROUND INTERMENTS; ADDING A NEW SECTION 34-17 PERTAINING TO
URN SIZE REQUIREMENTS; AMENDING SECTION 34-18 PERTAINING TO
INTERMENT SITE MARKERS; AMENDING SECTION 34-19 PERTAINING TO
ARTIFICIAL AND FRESH FLOWERS; AMENDING SECTION 34-21 PERTAINING
TO PRUNING AND REMOVAL OF VEGETATION; AMENDING SECTION 34-22
PERTAINING TO PROHIBITION OF ENCLOSURES AND MOUNDS; AMENDING
SECTION 34-24 PERTAINING TO LIABILITY; AMENDING SECTION 34-26
PERTAINING TO PROCEDURES FOR RULE VIOLATIONS; AMENDING SECTION
34-54 PERTAINING TO DEPTH OF STANDARD IN-GROUND INTERMENT SITES;
AMENDING SECTION 34-56 PERTAINING TO VEHICLES ON PLATTED IN-
GROUND INTERMENT SITES; AMENDING SECTION 34-57 PERTAINING TO
REMOVAL OF TENTS; AMENDING SECTION 34-58 PERTAINING TO REMOVAL OF
DIRT; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Use this form ONLY for public input on the above referenced
public hearing item
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME'·
ADDRESS:
NAME:
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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 23, 1993 - 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.
Mayor Powell called the regular meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Henk Toussaint, St. Sebastian
Catholic Church.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
city Engineer/PW Director, Dan Eckis
Finance Director, Marilyn Swichkow
(excused 7:08 p.m.)
Golf Course Pro/Manager, Joseph O'Rourke
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular city Council Meeting
June 23, 1993
Page Two
93.122
m
AGENDA NODIFICATZONS (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-93-19).
Mayor Powell requested that the budget amendment be
postponed due to receipt of revisions today. The
city Manager responded that the next regular meeting
will be July 14, 1993 and concurred that it could
legally be deferred to that time. It was the
consensus of city Council to defer to July 14, 1993.
6. PROCLAF, ATIONS AND/OR ANNOUNCEMENTS
Mrs. Damp said the June Economic Development Council
meeting has been rescheduled to July 27, 1993.
7. PUBLIC ~EARING~ FINAL ACTION
0RDIN~NCE NO. 0-93-12 - Cemetery Regulatlons
(City Clerk Transmittal dated 6/17/93, 0-93-12)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 34 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CEMETERY REGULATIONS; ESTABLISHING NEW RULES AND
REGULATIONS FOR NICHE INTERMENTS; AMENDING CERTAIN
LANGUAGE TO PROVIDE FOR NICHE INTERMENTS; AMENDING
SECTION 34-2 PERTAINING TO TRUST FUNDS; AMENDING
SECTION 34-7 PERTAINING TO LOCATING OF INTERMENT
SITES; AMENDING SECTION 34-8 PERTAINING TO EASEMENTS
ALONG INTERMENT SITES; AMENDING SECTION 34-9
PERTAINING TO PAUPERS' INTERMENT; AMENDING SECTION
34-10 PERTAINING TO FEE FOR OPENING AND CLOSING
INTERMENT SITES OTHER THAN DURING WORKING HOURS;
AMENDING SECTION 34-11 PERTAINING TO INTERMENT SITE
PRICES; AMENDING SECTION 34-13 PERTAINING TO SALE OF
INTERMENT SITES; AMENDING SECTION 34-14 PERTAINING TO
APPROVAL OF WORK ON INTERMENT SITES; AMENDING SECTION
34-15 PERTAINING TO VAULT OR GRAVE LINER REQUIREMENT;
AMENDING SECTION 34-16 PERTAINING TO INTERMENT
REGULATIONS; DELETING EXISTING SECTION 34-17
PERTAINING TO PROHIBITION OF ABOVE GROUND INTERMENTS;
ADDING A NEW SECTION 34-17 PERTAINING TO URN SIZE
REQUIREMENTS; AMENDING SECTION 34-18 PERTAINING TO
INTERMENT SITE MARKERS; AMENDING SECTION 34-19
PERTAINING TO ARTIFICIAL AND FRESH FLOWERS; AMENDING
SECTION 34-21 PERTAINING TO PRUNING AND REMOVAL OF
2
Regular City Council Meeting
June 23, 1993
Page Three
VEGETATION; AMENDING SECTION 34-22 PERTAINING TO
PROHIBITION OF ENCLOSURES AND MOUNDS; AMENDING
SECTION 34-24 PERTAINING TO LIABILITY; AMENDING
SECTION 34-26 PERTAINING TO PROCEDURES FOR RULE
VIOLATIONS; AMENDING SECTION 34-54 PERTAINING TO
DEPTH OF STANDARD IN-GROUND INTERMENT SITES; AMENDING
SECTION 34-56 PERTAINING TO VEHICLES ON PLATTED IN-
GROUND INTERMENT SITES; AMENDING SECTION 34-57
PERTAINING TO REMOVAL OF TENTS; AMENDING SECTION 34-
58 PERTAINING TO REMOVAL OF DIRT; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 5/26/93, Advertised Legal Notices
6/9/93, Public Hearing and Adoption 6/23/93)
Mayor Powell opened the public hearing at 7:07 p.m.
The City Attorney read Ordinance No. 0-93-12 by title
only.
The city Manager said this is a clean-up and
addition of niches.
Mayor Powell closed the public hearing at 7:08 p.m..
MOTION by Freeland/Oberbeck
I move that we adopt Ordinance No. O-93-12
cemetery regulations.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Regular City Council Meeting
June 23, 1993
Page
93.175 B.
93.085
ORDiNANC~ NO. O-93-X5 - Development Agreement
(City Clerk [for City Attorney] Transmittal dated
6/17/93, O-93-15)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO DEVELOPMENT
AGREEMENTS; AMENDING CHAPTER 26 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN TO ADD A NEW
ARTICLE VII; ADDING NEW SECTION 26-210 TO THE CODE OF
ORDINANCES TO PROVIDE THE CITY COUNCIL WITH THE
AUTHORITY TO AUTHORIZE THE MAYOR OR CITY MANAGER TO
ENTER INTO DEVELOPMENT AGREEMENTS ON BEHALF OF THE
CITY OF SEBASTIAN; 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. (1st Reading 5/26/93,
Advertised 6/9/93, Public Hearing and Adoption
6/23/93)
Mayor Powell opened the public hearing at 7:09 p.m.
The City Attorney read Ordinance No. O-93-15 by title
only.
Mayor Powell closed the hearing at 7:09 p.m.
MOTION by Oberbeck/Corum
I would move for adoption of Ordinance No. 0-93-
15, development agreement.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Sebastian Lakes - Continuation of Publio Hearinq
to Consider Te~mlnation of Conceptual Plan and
Rezoning (Director of Community Development
Transmittal dated 6/17/93)
Mayor Powell opened the public hearing at 7:11 p.m.
Regular City Council Meeting
June 23, 1993
Page Five
Barbara Hall, Greenberg - Traurig, representing
Sebastian Lakes, noted City Council's receipt of the
Hartman utility report, stated that representatives
of St. Paul Corporation have met and discussed with
staff their intention to pursue tie-in with the
Indian River County wastewater system, stated that
permitting for Laconia has begun through St. John's
and requested a time extension until July 28, 1993 to
allow them to work with Indian River County. Ms.
Hall noted that she has developed an outline and
submitted it to staff.
The Director of Community Development concurred with
and justified the requested extension.
Mayor Powell closed the public hearing at 7:21 p.m.
City Council discussion on the request followed. The
Director of Community Development said the outline
will be copied to City Council tomorrow.
MOTION by Oberbeck/Freeland
I would move that we extend the Sebastian Lakes
PUD plan discussion until 7/28/93.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
93.189/
93.011
RESOLUTION NO. R-95-28 - Golf Course Rates
(city Manager Transmittal dated 6/17/93, R-93-28)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-92-40
PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE
MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. (Advertised Legal
Notices 6/16/93, Posted Golf Course, Public Hearing
and Adoption 6/23/93)
Mayor Powell opened the public hearing at 7:28 p.m.
The City Attorney read Resolution No. R-93-28 by
title only.
5
Regular City Council Meeting
June 23, 1993
Page Six
The City Manager explained the amendment.
Being no input, Mayor Powell closed the hearing at
7:30 p.m.
city Council discussion on the resolution followed.
Mr. Freeland said he'd asked previously that staff
speak to the membership prior to any rate increase.
Mayor Powell suggested that the tape of that meeting
be reviewed and that staff speak to the membership
should this go through. Mrs. Damp questioned whether
City Council doesn't bear some responsibility for
decrease in Golf Course revenues.
The Golf Course Pro/Manager addressed city Council.
He said there are plans to meet with membership prior
to the next fiscal year budget review.
The City Manager said it was his understanding that
this resolution was to go forward tonight and that
increases for fiscal year 93/94 would be presented to
the membership.
MOTION by Oberbeck/Freeland
I move that we adopt Resolution No. R-93-28 cart
rates.
Mr. Freeland reported on his review of Golf Course
finances last year.
TAPE I - SIDE II (7:47 p.m.)
Mrs. Damp asked why rates are lower now than they
were in past years and suggested an increase. The
City Manager advised that rates can not be increased
tonight without readvertising for a continued rate
hearing.
ROLL CALL:
Mr. Freeland - nay
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 4-1 (Freeland - nay)
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Regular City Council Meeting
June 23, 1993
Page Seven
93.122
®
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.
Approval of Minutes - 6/9/93 Regular Meeting,
6/16/93 Special Meeting w/Code Enforcement Board,
6/16/93 Special Meeting - Price Airport Lease
Be
RESOLUTION NO. R-93-17 - Cemetery Rates (city
Clerk Transmittal dated 6/17/93, R-93-17)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, RELATING TO CEMETERY
RATES; ESTABLISHING NEW RATES FOR THE SALE OF
IN-GROUND INTERMENT SITES IN THE MUNICIPAL
CEMETERY; ESTABLISHING NEW RATES FOR THE SALE OF
NICHES IN THE MUNICIPAL CEMETERY; DESCRIBING THE
SERVICES PROVIDED AND THE FEES CHARGED;
ESTABLISHING RATES FOR CREMATION INTERMENTS AND
CORNER MARKERS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABiLITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
93.198
93.199
Receive Code Enforcement Order No. 93-8038 -
Patton (Order)
McQuillen Wedding Reception - Request A/B
Community Center - 8/7/93 - 5 pm to 11 pm -
Security Paid - Permittee DOB 11/6/62 (City Clerk
Transmittal dated 6/7/93, Application)
The city Manager read the consent agenda in its
entirety.
Mrs. Corum removed item C.
MOTION by Oberbeck/Corum
I would move that we approve items A, B, and D of
the consent agenda.
ROLL CALL: Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Fr.,land - aye
MOTION CARRIED 5-0
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Regular City Council Meeting
June 23, 1993
Page Eight
10.
Item C - Receive ~ Enforcement Order No. 93-8038
-Patton
Mrs. Corum inquired about the violation and the
Director of Community Development explained it.
MOTION by Corum/Oberbeck
I move to approve item C of the consent agenda.
VOICE VOTE on the motion carried 5-0.
9. PRESENTATION~
None.
Mayor Powell called recess at 7:56 p.m. and
reconvened the meeting at 8:10 p.m. Ail members were
present.
MAYOR AND CITY COUNCIL MATTERS
A. Mr___=.Robert Freeland
Mr. Freeland 1) inquired about the request to GDC for
half the funds for property taxes and the city
Manager responded that he'd been informed the check
is in the mail; 2) inquired about the Police station
air quality to which the Director of Community
Development responded; 3) suggested the need for Code
Enforcement Board membership alternates to which the
City Attorney advised that this can be added to the
proposed ordinance and it was the consensus of City
Council to direct the City Attorney to add the
alternates; 4) stated that the bikepath on Fleming is
ugly; and 5) with the consensus of City Council, had
the budget workshops rescheduled for August 7th and
8th if needed.
B. Mayor Lonnie R. Powell
Mayor Powell 1) discussed public comments made
blaming City Council for Police Station air quality
problems; 2) concurred that the bikepath on Fleming
is ugly and requested that the City Engineer check it
out; 3) commented on the 4th of July poster which
reads incorrectly relative to sponsorship; and 4)
discussed financial statements and need for
information on city finances.
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Regular city Council Meeting
June 23, 1993
Page Nine
C. Vice-Ma3or Frank Oberbeck
Mr. Oberbeck 1) commented on the Police Station; 2)
said he'd like to see a survey done by the City
Clerk's office on the citation system throughout the
state and have a report brought back to City Council;
3) said he'd like to see copies of all city checks
and check registers; and 4) commented that Hardee
Park looks devastated, to which the Director of
Community Development and the City Engineer
responded.
D. Mrs. CarolyB Corum
A1 Vilardi, 445 Georgia Boulevard, addressed City
Council on the issue of scrub jays.
Mrs. Corum 1) suggested that weeds be allowed to grow
in Hardee Park to benefit wildlife; 2) suggested that
a letter be sent to the county to obtain tourist tax
dollars; 3) suggested the drafting of a plan to pave
Golf Course cart paths; 4) suggested shade trees be
planted at Riverview Park to shade the playground
and boardwalk areas;
TAPE II - SIDE I (8:50 p.m.)
5) suggested ceasing development in the recently
annexed Sebastian Grove Holdings until infrastructure
is in place; 6) suggested maps be made of all city
properties; 7) suggested that the signs at the
Creative Playground asking people not to do certain
things be consolidated on one small sign and advised
that equipment is broken; 8) said she feels it is a
waste to mow the land south of the Barber Street
Sports Complex; 9) said the city should consider
revising the 10 inch grass limit; and 10) said she'd
attended a barbecue at the Golf Course and suggested
that an overhang be constructed.
93.200
"Forget the Florida Scrub Jays" (Corum Memo
dated 6/17/93 w/Backup)
Mrs. Corum read her report to City Council (see
attached) and reiterated her desire to see
implementation of a habitat conservation plan. It
was suggested that Mrs. Corum develop a plan and Mrs.
Corum suggested that a committee be formed. The
Director of Community Development stated that staff
has not drafted a habitat conservation plan because
City Council has not directed staff to do so.
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Regular City Council Meeting
June 23, 1993
Page Ten
Mrs. Corum sought direction from city Council to
begin to implement a plan. Mayor Powell again asked
if anyone had considered using the Golf Course for
habitat and the Director of Community Development
responded that he would report on that.
Mr. Oberbeck excused 9:18 p.m. to 9:20 p.m.
E. Mrs. Norma Damp
Mrs. Damp 1) asked if she could make a map of the
property the city had acquired from GDC and the city
Manager said he had one available for her use; 2)
inquired whether there was city property available
for shuffle board and bocci ball courts; 3) inquired
about progress on the Yacht Club dock to which the
City Engineer responded there will be an item on the
July workshop.
11. CITY ATTORNEY I~TTERS
The City Attorney said he will not attend the July 7,
1993 workshop, however, Attorney Torpy will attend.
93.201
A. Proposed Ordinance Re: CATV Utilities (No Backup~
The City Attorney explained the proposed ordinance to
change provisions of the utility chapter to charge an
application fee for all utility rate increases,
advised that any action be postponed due to a
recently released FCC announcement on cable TV
and requested review and future direction from City
Council on who it wants to advise it on cable TV
regulations.
Mrs. Corum suggested that City Council look into an
amendment to the cable franchise.
12. CIT~ MAN~EB MATTERS
The City Manager requested that the bids for the
Barber Street Sports Complex be placed on the July 7,.
1993 workshop agenda for action. City Council
concurred. The city Manager said he will work with
the Over-55 league to find them a site.
The City Manager said he will be on vacation from
June 24th through July 6th. He assured Mr. Oberbeck
that although it will not make the July workshop, he
will address check signatories at a later date.
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Regular city Council Meeting
June 23, 1993
Page Eleven
13. CO~I,~ITTEE REPORT~/RECO~,~[~ATXONS
A. Co~!e Enforcement Board
93. 174 1.
Reappoint Louis Nicolini to Code Enforcement
Board_- Three Year Term to Expire 6/96 (City
Clerk Transmittal dated 6/17/93, Applications)
Mrs. Corum asked what position Mr. Nicolini fills and
requested that this be indicated in the future.
TAPE II - SIDE II (9:37 p.m.)
MOTION by Freeland/Corum
I move to reappoint Mr. Louis Nicolini to the
Code Enforcement Board to a second three year term to
expire 6/96.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
B. Construction Licensing Board
93.202
Accept Resignation Q~ Dennis Dernbach
(Director of Community Development
Transmittal dated 6/16/93, Dernbaoh Letter
dated 5/31~93)
MOTION by Oberbeck/Damp
I move to accept the resignation of Dennis
Dernbach from the Construction Licensing Board.
VOICE VOTE on the motion carried 5-0
14. OLD BUSINESS
None.
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Regular City Council Meeting
June 23, 1993
Page Twelve
15. NEW BUSINESS
93.203 A.
16.
93.204
RESOLUTION NO. R-93-29 - Budget Amendment
(Backup Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE ANNUAL BUDGET OF THE
CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30,
1993; APPROPRIATING FUNDS FOR THE EFFICIENT AND
EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF
SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1993, SUCH APPROPRIATIONS
BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO
AMEND SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE
FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS
OUTSTANDING AS OF SEPTEMBER 30, 1992; PROVING A
MEANS TO AMEND THE SAID BUDGET TO REFLECT GRANTS
RECEIVED AFTER SEPTEMBER 30, 1992; PROVIDING A MEANS
TO AMEND SAID BUDGET SO AS TO CARRY FORWARD
UNENCUMBERED BALANCE IN CAPITAL PROJECTS FUND;
AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED
SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL
NOT BE INCREASED THEREBY; PROVING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
This item was previously deferred to July 14, 1993.
Waive Bidding procedure ~ ApDrove Purchase of
Twenty Park Benches m Gametime. Inc. $4.128.00
(City ~ngineer Transmittal dated 6J16/93. Ouote.
and Palm Beach Letter Agreement)
The city Engineer recommended that the item be
deferred, suggested that staff construct the benches
itself and said he'd report back. City Council
concurred.
INTRODUHT~ON OF NEW DUSINESS BY THE PUBLI~ (Which is
Not Otherwise on the Agenda - By Resolution No.
R-93-19 Limit of Ten Minutes for Each Speaker)
George Schum, Sebastian, discussed the Community
Coach program, urged citizen use and noted location
of schedules. He invited the Mayor and City Council
to have pictures taken with the bus on June 30th at
11:20 a.m. at the Sebastian Sun building to promote
its use.
12
Regular City Council Meeting
June 23, 1993
Page Thirteen
17.
Mr. Oberbeck inquired about a motion from the June 9,
1993 meeting relative to appointment of Handicapped
Self-Evaluation Committee members.
MOTION by Oberbeck/Freeland
I would move that we address item B, the
Handicapped Self-Evaluation Committee elections of
the June 9th minutes.
VOICE VOTE on the motion carried 5-0.
MOTION by Damp/Oberbeck
I make a motion that we have Mr. Kanfoush, Edra
Young, Susan Nalepa to be appointed for three years
to the Handicapped Self-Evaluation Committee and that
Bea Thibault and Harry DiSalvio be appointed for two
years to the Handicapped Self-Evaluation Committee.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Being no further business, Mayor Powell adjourned the
regular meeting at 9:52 p.m.
Approved at the ~~~ /~ , 1993, City Council
~~~_.c~0/ U Meeting.
· j~VLonnte[R./Po~ell, Mayor
~T~r~e~ O'Halloran, CMC/AAE '~ · --,, ,, .
13