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Home My WebLink About06281995 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 28, 1995 IMMEDIATELY FOLLOWING 6:30 P.M. BOARD OF ADJUSTMENT MEETING CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY 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 - No One Available 4. ROLL CALL AGENDA_.MODIFICATIONS (,/kDDiTIONS AND/OR 1)~LETiONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-23) 6. PROCLAMATIOI~S AND/OR ANNOUrqCEMENTS 95.116 Certificate of Achievement - Sebastian Area Little League - Girls 9 & 10 - Winners of the District 17 - Championship in Sebastian Area - All Star Softball Team 95.117 B. Presentation of Plaque - Earl Shroyer - Planning and Zoning 95.092 QUASI-JUDICIAL_ PUB]~[C ~EARING Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-94-54): - Mayor Opens Hearing - ClerkAdministers 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 w Other 3 Minutes* - Inquiry of Opponents - Informational Testimony - 3 Minutes* - Inquiry of Informational Witnesses - Mayor Closes Public Information Period - Staff Response and Summary - Applicant's Rebuttal - 10 Minutes - Board and Staff Inquiry *If representing group of 5 or more - may take up to 10 minutes ORDINANC.~ NO. 0-95-17 - Fischer Comprehensive Land Use Plan Amendment - .584 Acres U.S. 1 and Old Dixie Highway (Director of Community Development Transmittal dated 6/9/95, O- 95-17, Application, Map and Survey, P & Z Recommendation 4/21/95, 20A-11.6C and 20A-11.8C LDC, Policy 1-2.2.2 CLUP GOP) 1st Quasi-Judicial Hearing for Transmittal to DCA - City Council Intends to Conduct a Second Hearing Upon Its Return 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 THE LAND USE DESIGNATION IN THE CITY OF SEBASTIAN, ON CERTAIN PROPERTY CONTAINING APPROXI- MATELY .584 ACRES, MORE OR LESS FORM COR (COMMERCIAL OFFICE RESIDENTIAL) TO CL (COMMERCIAL LIMITED); 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. (Discussion and Direction to City Attorney on 5/2/95) 2 CONSENT AGENDA All 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 - 6/14/95 Workshop, 6/14/95 Regular Meeting, 6/21/95 Special Meeting 95.118 P~$OLUTION NO. R-95-38 - Vacation of Easement (City Clerk Transmittal dated 6/21/95, R-95-38, Application, Survey, No Objection Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTH TEN FEET OF THE NORTH TWENTY FEET OF LOT 5, BLOCK 257, SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37D, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROViDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 9. PRESENTATIONS - None 10. COMMITTEE REPORTSfRECOMMI~I~DATIONS 95.028 A. Tree Advisory Board Grant Use of City Manager's Conference Room for Board Meetings the First Monday of Each Month Effective August 1995 at 5:30 p.m. (City Clerk Transmittal dated 6/20/95, 0- 95-01 Sec. 20A-14.16) 95.044 B. Fourth of July Committee Request for "Animal Petting Zoo" in Riverview Park - 7/4/95 (City Manager Transmittal dated 6/21/95) 95.088 Code Enforcement Board - Interview Applicants and Appoint to Following Positions (Director of Community Development Transmittal dated 6/21/95, Memo dated 6/21/95, Eight Applications) a. Expired Resident Member Position to Expire 3/98 (Board Recommends Dave Costa) b. Expired Subcontractor Position to Expired 2/97 (Board Recommends Ken Cosco) c. First Alternate Position to Expire 6/98 (Board Recommends Albert Goelz) d. Second Alternate Position to Expire 6/98 (Board Recommends Neil Duval) 11. OLD BUSINESS - None 12. NEW BUSINESS 95.096 Bid Award - Telephone System to Bell South - $34,279.45 Subject to Meeting Provisions for Base Bid, Add/Alternate No. 1 and Add/Alternate No. 3 - Include T- 111 Card (Director of Community Development Transmittal 6/20/95, Bid Specifications, Bid Tabulation, Bid Description Summary, Bid Clarifications, Bell South Letter 6/19/95) 95.029 ORDINANCE NO. O-95-03 - Parking in Residential Districts (City Clerk Transmittal dated 6/22/95, 0-95-03) 1st Reading, Set Public Hearing 7/26/95 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. 4 95.120 RESOLUTIDN NO. R-95-37 - Fraternal Order of Police - Collective Bargaining Agreement (Human Resources Director Transmittal dated 6/21/95, R-95-37, Addendum to Contrac0 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE FRATERNAL ORDER OF POLICE, FOR THE THIRD YEAR OF A THREE YEAR CONTRACT FROM 10/01/94 THROUGH AND INCLUDING 9/30/95; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker 14. CITY A. B. C. D. E. couNcIL MATTERS Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Mayor Arthur Firtion 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MA~ER 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. (286.0~05 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. QUASI-JUDICIAL HEARING SIGN-UP SHEET JUNE 28, 1995 95.092 A. ORDINANCE NO. 0-95-17 - Fischer Comprehensive Land Use Plan Amendment - .584 Acres U.S. 1 and Old Dixie Highway 1 st Quasi-Judicial Hearing for Transmittal to DCA - City Council Intends to Conduct a Second Hearing Upon Its Return 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 THE LAND USE DESIGNATION IN THE CITY OF SEBASTIAN, ON CERTAIN PROPERTY CONTAINING APPROXI-MATELY .584 ACRES, MORE OR LESS FORM COR (COMMERCIAL OFFICE RESIDENTIAL) TO CL (COMMERCIAL LIMITED); 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. (Discussion and Direction to City Attorney on 5/2/95) Sallie Address For Against Information Name Address For Against Information Name Address For Against Information PUBLIC INPUT ON AGENDA ITEMS $1GN-UP SHEET JUNE 28, 1995 REGULAR MEETING USE THIS FOI~ ONZ r FOg INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT H~NGS ~ICH HZ ~ rHEIa 0 ~ SlGNUPS SHEETS-TIME rlMlr OF 10 MINUTES PER SP~ER ~ Ch~ ,~ ~ ~ Agenda Item No. md Titl~ ~ ~~~-' Name: .: .............. : ....... : ............. Address: ' .......... Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET JUNE 28, 1995 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHER WISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Addres~s: ~Z/~/~ ~ ~ -- /~ / · //, / N~e: /~,'' Subject: Address: Subject: Sam¢~ Address: Subject: City of Sebastian 1225 MAIN STREET ri SEBASTIAN, FLORIDA 32958 TELEP.ONE ~{/~ 589-50001NU y~ ~,, s89-5570 SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 28, 1995- 7:oo P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-95-23) 1. Mayor Firfion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. INVOCATION - No One Available 4. ROLL CALI~ Cil~ Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel Koford City Attorney, Timothy Williams City Clerk, Kaflmyn O'Halloran Zoning Technician, Jan King Secretary, Linda Galley Absent: Mrs. Louise Cartwright (Excused) Regular City Council Meeting June 28, 1995 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-23) None. 6. PROCLAMAIIOiN$ AND/OR ANNOUNCEMENTS 95.116 Certificate of Achievement - Sebastian Area Little League - Girls 9 & I0 - Winners of the District 17 - Championship in Sebastian Area - All Star Softball lean Mayor Firtion presented a certificate of achievement and recognized each member of the Sebastian Area Little League - Girls 9 & 10, winners of the District 17 championship in the Sebastian area. 95.117 B. PresenIati~ll of Plaque - t3arl Shroyer - Planning and Zoning Presentation of the plaque to Mr. Shroyer had been made previously in the City Clerk's office. 7. QUASI-JUDICIAL PUBLIC HEARING 95.092 ORDINANCE NO. O-95-17 - Fischer Comprehensive Land Use Plan Amendment - .584 Acres U.S. 1 and Old Dixie Highway (Director of Community Development Transmittal dated 6/9/95, O- 95-17, Application, Map and Survey, P & Z Recommendation 4/21/95, 20A-11.6C and 20A-11.8C LDC, Policy 1-2.2.2 CLUP GOP) 1st Quasi-Judicial Hearing for Transmittal to DCA - City Council Intends to Conduct a Second Hearing Upon Its Return 2 Regular City Council Meeting June 28, 1995 Page Three 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 THE LAND USE DESIGNATION IN THE CITY OF SEBASTIAN, ON CERTAIN PROPERTY CONTAINING APPROXI- MATELY .584 ACRES, MORE OR LESS FORM COR (COMMERCIAL OFFICE RESIDENTIAL) TO CL (COMMERCIAL LIMITED); 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. (Discussion and Direction to City Attorney on 5/2/95) The City Clerk administered an oath to all those intending to offer testimony, the City Attorney read Ordinance No. 0-95-17 by title only and Mayor Firfion opened the quasi-judicial hearing at 7:05 p.m. The City Manager gave a brief staff presentation and Mayor Firtion closed the hearing at 7:10 p.m. Discussion followed relative to parking and the Zoning Technician and applicant Carl Fischer responded that parking would be addressed in the site plan review before Planning and Zoning. MOTION by Halloran/Damp I move to approve the first reading of Ordinance No. O-95-17 and transmit this land use amendment to the Department of Community Affairs, and also announce the intentions of the City Council to hold a second public hearing after receiving the Department of Community Affairs' comments. ROLL CALL: Vice Mayor Corem Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion MOTION CARRIED 4-0 - aye - absent - aye - aye - aye Regular City Council Meeting June 28, 1995 Page Four COINSENT AGENDA All 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 - 6/14/95 Workshop, 6/14/95 Regular Meeting, 6/21/95 Special Meeting 95.118 RESOLUTION NO. R-95-38 - Vacation of Easement (City Clerk Transmittal dated 6/21/95, R-95-38, Application, Survey, No Objection Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTH TEN FEET OF THE NORTH TWENTY FEET OF LOT 5, BLOCK 257, SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37D, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWiTH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. The City Manager read the consent agenda and the City Attorney read Resolution No. R-95-38 by title only. MOTION by Corum/Halloran I move approval of item A and B of the consent agenda and that is the entire consent agenda. ROLL CALL: Mrs. Cartwright - absent Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 4-0 Regular City Council Meeting June 28, 1995 Page Five 10. 95.028 PRESENTATIONS None. COMMITTEE REPORTS/RECOMMENDATIONS A. Iree Ad¥isory_B ~ Grant Use of City Manager's Conference Room for Board Meeting8 the First Monday of Each Month Effective August 1995 at 5:30 p.m. (City Clerk Transmittal dated 6/20/95, O- 95-0! Sec, 20A-14.16) The City Manager briefly explained the request. Vice Mayor Corem additionally requested use of the conference room for July 10, 1995 at 5:30 p.m. MOTION by Corum/Damp I move that the Tree Advisory Board be granted the availability of the City Manager's Conference room the first Monday of each month effective August 1995 at 5:30 p.m. and also move to approve the use of the City Manager's Conference room for the July 10th, for the Tree Advisory Board to meet. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - absent MOTION CARRIED 4-0 Regular City Council Meeting June 28, 1995 Page Six Vice Mayor Corem requested City Council consensus to enable the City to become a "Tree City U.S.A." under the auspices of the Tree Advisory Board. MOTION by Comm/Halloran I would make a motion for the Tree Advisory Board to take on the task of the City of Sebastian becoming a Tree City U.S.A. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - absent Mrs. Damp - aye MOTION CARRIED 4-0 95.044 B. Fourth of July Committee Request for "Animal Petting Zoo" in_~y, elview Park - 7/4/95 (City Manager Transmittal dated 6/21/95) The City Manager noted the code prohibits animals in City parks, therefore, City Council must grant special permission if it wishes to. Dave LaPorte responded to questions from Council. He stated that he had public liability insurance in the amount of $100,000 and would present it to the City prior to the 4th of July. MOTION by Damp/Corum I move that we grant the request for the animal petting zoo at Riverview Park for the 4th of July. Vice Mayor Corum added "with the conditions of the proof of the insurance to Mr. Koford" and Mrs. Damp agreed. 6 Regular City Council Meeting June 28, 1995 Page Seven ROLL CALL: Mayor Firtion Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran - absent - aye - aye MOTION CARRIED 4-0 95.O88 C. Code Exffor~ement Bo~d - Interview Applicants and Appoint to Following Positions (Director of Community Development Transmittal dated 6/21/95, Memo dated 6/21/95, Eight Applications) a. Expired Resident Member Position to Expire 3/98 (Board Recommends Dave Costa) b. Expired Subcontractor Position to Expired 2/97 (Board Recommends Ken Cosco) c. First Alternate Position to Expire 6/98 (Board Recommends Albert Goelz) d. Second Alternate Position to Expire 6/98 (Board Recommends Neil Duval) The following were recognized by Mayor Firtion from the sign-up sheet: Mack May, resubmitted an application to City Council for a position being considered. Herbert Storm, 549 Saunders Street, Sebastian, spoke on the Code Enforcement Board. Sal Neglia, 461 Georgia Boulevard, Sebastian, said he had recommended Mr. May originally. MOTION by Corem/Damp I move to add Mr. Mack May's application to the list of applicants for Code Enforcement this evening. Regular City Council Meeting June 28, 1995 Page Eight ROLL CALL: Vice Mayor Corem - aye Mrs. Cartwright - absent Mrs. Damp - aye Mr. Halloran - nay Mayor Firtion - aye MOTION CARRIED 3-1 (Halloran - nay) The following applicants were interviewed by City Council: Dave Costa, Ken Cosco, Albert Goelz, and Mack May. l~xoir~clJ~esJ~lent Meml0er.Eositionto Expire 3/98 MOTION by Corum/ I move for Council to accept Mr. Mack May's application to the expired resident position for three years to expire March 1998. Motion died for lack of a second. MOTION by Damp/Corum I move for Al Goelz for the resident position to expire 3/98. ROLL CALL: Mrs. Cartwright - absent Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 4-0 Expired Subcontractor Position to Expire 2/97 MOTION by Corum/Damp I would move to accept Mr. Mack May's application for the subcontractor position for the three year term to expire on February 1997. 8 Regular City Council Meeting June 28, 1995 Page Nine ROLL CALL: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corem Mrs. Cartwright - aye - aye - aye - absent MOTION CARRIED 4-0 First Alternate Position to Expire 6/98 MOTION by Damp/Corem I move that we accept Mr. Cosco's application for fn'st alternate, expiration June '98. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cmwfight - absent Mrs. Damp - aye MOTION CARRIED 4-0 Second Alternate Position to Expire 6/98 MOTION by Corum/Halloran I would move that we do not appoint a second alternate member position at this time. ROLL CALL: Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - absent Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 4-0 Regular City Council Meeting June 28, 1995 Page Ten 11. 12. 95.096 OLD BUSINESS None. NEW BUSINESS Bid Award - Telephone System to Bell South - $34,279.45 Subject to Meeting Provisions for Base Bid, Add/Alternate No. 1 and Add/Alternate No. 3 - include T- 111 Card (Director of Community Development Tran~millol 6_/20/95, Bid Specifications, Bid Tabulation, Bid Description Summary, Bid Clarifications, Bell South Letter 6/19/95) The City Manager gave a brief explanation of the bid and recommendation and introduced Cliff Wright and Francis Rhinesmith of Bell South. The Zoning Technician was present to answer Council questions. MOTION by Halloran/Damp I move to award the phone bid to Bell South, in the mount of $34,279.45 subject to vendor meeting all provisions for the base bid, Add/Alternate No. 1, and Add/Alternate No. 3, as outlined in the phone system specifications for City Complex dated March 16, 1995 and Addendum No. 1 thereto dated April 4, 1995. Amounts awarded to include aT-111 card. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - absent Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 4-0 Mayor Firfion called recess at 8:15 p.m. and reconvened the meeting at 8:21 p.m. All members present at roll call were present. 10 Regular City Council Meeting June 28, 1995 Page Eleven 95.029 B. ORDINANCE NO. 0-95-03 - Parking in Residential Districts (City Clerk Transmittal dated 6/22/95, O-95-03) 1st Reading, Set Public Hearing 7/26/95 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. The City Attorney read Ordinance No. 0-95-03 by title only. Herbert Storm suggested amending the ordinance by adding "rated capacity". The City Attorney concurred to add "rated carrying capacity" to Section 5. Following a lengthy discussion of Section 6, and a suggestion to strike "in front of any unimproved lot", the City Clerk called for a consensus for clarification purposes. The consensus of the Council was to have the clause remain. MOTION by Corem/Damp I move Council approves the first reading and sets the public hearing for July 26, 1995 on Ordinance 0-95-03 with the change in item 5 to add the word "rated" between the word "a" and "carrying". ROLL CALL: Mrs. Cartwright - absent Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye MOTION CARRIED 4-0 11 Regular City Council Meetings June 28, 1995 Page Twelve 95.120 C. RESOLUTION NO. R-95-37 - Fraternal Order of Police - Collective Bargaining Agreement (Human Resources Director Transmittal dated 6/21/95, R-95-37, Addendum to Contrac0 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE FRATERNAL ORDER OF POLICE, FOR THE THIRD YEAR OF A THREE YEAR CONTRACT FROM 10/01/94 THROUGH AND INCLUDING 9/30/95; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS 1N CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-95-37 by title only. The Personnel Director addressed the City Council and was commended for her outstanding work with the City's unions. MOTION by Comm/Halloran I move to approve the addendum to the collective bargaining agreement and adopt Resolution No. R-95-37 authorizing the City Manager to approve the addendum to this contract. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - absent MOTION CARRIED 4-0 12 Regular City Council Meeting June 28, 1995 Page Thirteen 13. INTRODUCTION OF NEW tlUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker Sal Neglia, Georgia Boulevard, Sebastian, discussed special use permits; Harry Thomas, 654 Balboa Street, Sebastian, inquired about the date of the 180 heating; Al Vilardi, 445 Georgia Boulevard, Sebastian, spoke on the utility system, audit report, airport and golf course. 14. CITY COUNCIL MATTERS A. Vice Mayor Carolyn Comra Vice Mayor Corem inquired about the date of the 180 heating and the City Manager suggested it be July 19, 1995 at 7:00 p.m; reported that city staff had killed trees at Blossom Lake Park, noting that there were three or four six to eight foot bald cypress trees (taxodiumdistichum) which were approximately seven years old, and it was the consensus of City Council that the trees be replaced to which Vice Mayor Corum responded that trees of a lesser height would be acceptable if necessary; and questioned when City Council would receive permit fee changes. B. Mrs. Louise Cartwright Absent. C. Mrs, Norm0 Damp Mrs. Damp announced that George Bonacci had received certification as a Building Official. D. Mr. Raymond Halloran None. 13 Regular City Council Meeting June 28, 1995 Page Fourteen E. Mayor Arthur Firtion Mayor Firtion explained the Airport West road improvement funds will come from the Airport enterprise fund. 15. CITY ATTORNEY MATTERS None. 16. CIT~ MANAGER MATTERS The City Manager requested official action on the public heating. MOTION by Corem/Damp I move to put the issue of utilities on the agenda tonight. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - absent Mrs. Damp - aye MOTION CARRIED 4-0 The City Manager recommended that the FS 180.301 heating be conducted on July 19, 1995 at 7:00 p.m. MOTION by Corem/Damp i move to set the public hearing for Florida Statutes 180.301 for July 19, 1995 at 7:00 p.m. 14 Regular City Council Meeting June 28, 1995 Page Fifteen ROLL CALL: Mayor Firtion Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran - absent - aye - aye MOTION CARRIED 4-0 17. Being no further business, Mayor Firtion adjourned the meeting at 9:05 p.m. Approved at the Meeting. 02 3 ~ ,1995, Regular City Council Arthur L. Firtion, Mayor Kathryn 1~I. O Ha oran, C C/ City Clerk 15