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HomeMy WebLinkAbout07121989 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, JULY 12, 1989 - 7:00'P.M. CITY COUNCIL CHAMBERS 1225 MAIN S~REET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS LISTED BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Votapka called the meeting .to order at 7:05 p.m. 2. The City Manager led the Pledge of Allegiance. Invocation was given by Reverend Paul Hauenstein, Christ the King Lutheran Church, Sebastian. 4. ROLL CALL Present: Vice Mayor Robert McCarthy Councilman Lloyd Rondeau Councilman Frank Oberbeck Councilman Robert McCollum Mayor Richard Votapka Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Planner, Peter Jones City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. 1 Regular City Council Meeting July 12, 1989 Page 2 6. CONSENT AGENDA A. Approve Minutes - June 28, 1989 Regular Meeting 89.130 B. RESOLUTION NO. R-89-40 - Abandonment of Easement - Lot 36, Block 417, Unit 9, SH Request for Community Center - A/B - Doty - Wedding Reception - July 15, 1989 - 4 p.m. to 8 p.m. Mayor Votapka withdrew Consent Agenda item B. MOTION by McCollum/Oberbeck I move we approve Consent Agenda items A & C. VOICE VOTE on the motion carried 5-0. Discussion took place on the Southern Bell ob3ection to Resolution No. R-89-40 abandonment of easement. Mayor Votapka said he had been informed by Bonnie Norris, Southern Bell, that since the request is for only five feet of the twenty foot easement, the homeowner can contact Southern Bell and they will locate the cable and move it if necessary. MOTION by McCollum/McCarthy I move we approve Consent Agenda item B, Resolution No. R-89-40. ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye MOTION CARRIED 5-0. ?. PROCLAMATIONS AND/OR ANNOUNCEMENTS Mayor Votapka announced that the Indian River County School Board unanimously authorized the Superinten- dent of Schools to purchase a site for the North County High School. Presentation of Plaque to Former Interim Chief of Police Earle Petty Mayor Votapka presented a plaque to former interim Chief of Police Earle Petty. Regular City Council Meeting July 12, 1989 Page 3 88.069 B. Presentation of Plaques and Certificates to Coordinators ~ Sebastian Creative Playground Mayor Votapka presented plaques to Jane Lewis and David Fisher, Co-Chairmen, and certificates to all individual committee chairmen involved in the Sebastian Creative Playground. 89.072 Presentation of Plaques and Proclamations for Coordinators - 4th of July Mayor Votapka presented plaques to Vince Falco and Marilyn Waldis (absent) and proclamations to all other 4th of July committee members. 4th of July members presented plaques to various groups who participated in the event. 8. PUBLIC HEARING, FINAL ACTION 88.183 ORDINANCE NO. 0-88-29 - Sebastian Lakes CLUP Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM CG (COMMERCIAL GENERAL) DISTRICT OF APPROXIMATELY 9.29 ACRES TO CG (COMMERCIAL GENERAL) DISTRICT OF APPROXIMATELY 17.57 ACRES; ELIMINATING THE COR (COMMERCIAL/OFFICE/ RESIDENTIAL) DISTRICT OF APPROXIMATELY 6.58 ACRES; FROM MD (MEDIUM DENSITY) DISTRICT OF APPROXIMATELY 50.68 ACRES TO MD (MEDIUM DENSITY) DISTRICT OF APPROXIMATELY 49.41 ACRES; ALL OF SAID CHANGES BEING LOCATED IN THE WEST SECTION OF THE CITY, BOUNDED TO THE NORTH BY CR 512 (FELLSMERE HIGHWAY), TO THE EAST BY LACONIA STREET, AND TO THE SOUTH BY GRANDEUR AVENUE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst Reading 11/9/88, 1st PH advertised 11/21/88, 1st PH 11/30/88, Transmittal to DCA 2/20/89, 2nd PH advertised 7/5/89, 2nd PH 7/12/89) Attorney Nash read Ordinance No. 0-88-29, for the third time, by title only. Mayor Votapka opened the public hearing at 7:44 p.m. The Director of Community Development gave a presentation on the request. Regular City Council Meeting July 12, 1989 Page 4 Steven Lulich, legal counsel for Sebastian Lakes, was present to answer questions. Mayor Votapka closed the public hearing at 7:49 p.m. MOTION by Rondeau/McCarthy I move we adopt Ordinance No. 0-88-29 as read by the City Attorney by title only. ROLL CALL: Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye MOTION CARRIED 5-0. 88.178 B. ORDINANCE NO. 0-88-30 - Vickers CLUP Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY IL DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 35 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst Reading and 1st PH 11/30/88, 1st PH advertised 11/21/88, Transmittal to DCA 2/20/89, 2nd PH advertised 7/5/89, 2nd PH 7/12/89) Attorney Nash read Ordinance No. 0-88-30, for the second time, by title only. Mayor Votapka opened the public hearing at 7:50 p.m. The Director of Community Development gave a presentation on the request, recommended approval and discussion took place on adverse comments by DER. Mayor Votapka closed the public hearing at 7:55 p.m. MOTION by McCarthy/Oberbeck I move we adopt Ordinance No. 0-88-30 as read by the City Attorney by title only. 4 Regular City Council Meeting July 12, 1989 Page 5 ROLL CALL: Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 5-0. 88.178 C. ORDINANCE NO. O-88-31 - Vickers Rezoning AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 35 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY; FROM COUNTY ZONING DISTRICTS MXD TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst Read±ng 11/30/88, PH advertised 6/30/89, PH 7/12/89) Attorney Nash read Ordinance No. O-88-31, for the second time, by title only. Mayor Votapka opened the public hearing at 7:56 p.m. The Director of Community Development gave no further comment on the request. Mayor Votapka closed the public hearing at 7:58 p.m. MOTION by McCarthy/Rondeau I move we adopt Ordinance No. 0-88-31 as read by the City Attorney by title only. ROLL CALL: Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye MOTION CARRIED 5-0. 88.179 D. ORDINANCE NO. 0-88-32 - Humphrey CLUP Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM CL (LIMITED COMMERCIAL) TO CG (COMMERCIAL GENERAL) FOR LAND Regular City Council Meeting July 12, 1989 Page 6 LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 5 ACRES MORE OR LESS BORDERED ON THE EAST SIDE BY NORTH CENTRAL AVENUE, THE WEST SIDE BY U.S. HIGHWAY 1, AND THE NORTH BY 9TH STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst Reading and 1st PH 11/30/88, 1st PH advertised 11/21/88, Transmittal to DCA 2/20/88, 2nd PH advertised 7/5/89, 2nd PH 7/12/89) Attorney Nash read Ordinance No. 0-88-32, for the second time, by title only. Mayor Votapka opened the public hearing at 7:59 p.m. The Director of Community Development gave a presentation on the request, stated that proposed CG zoning was in line with the upcoming Comprehensive Land Use Plan and recommended approval. Mayor Votapka closed the public hearing at 8:00 p.m. MOTION by Oberbeck/McCarthy I move we adopt Ordinance No. 0-88-32 as read by the City Attorney by title only. ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye MOTION CARRIED 5-0. 88.179 E. ORDINANCE NO. 0-88-33 - Humphrey Rezoning AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING FROM CL (LIMITED COMMERCIAL) TO CG (COMMERCIAL GENERAL) FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 5 ACRES MORE OR LESS BORDERED ON THE EAST SIDE BY NORTH CENTRAL AVENUE, THE WEST SIDE BY U.S. HIGHWAY 1, AND THE NORTH BY 9TH STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst Reading 11/30/88, PH advertised 6/30/89, PH 7/12/89) 6 Regular City Council Meeting July 12, 1989 Page 7 Attorney Nash read Ordinance No, 0-88-33, for the second time, by title only. Mayor Votapka opened the public hearing at 8:02 p.m. The Director of Community Development gave no further comment on the request. Mayor Votapka closed the public hearing at 8:03 p.m. MOTION by Oberbeck/McCollum I move we adopt Ordinance No. 0-88-33 as read by the City Attorney by title only. ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye MOTION CARRIED 5-0. 88.180 F. ORDINANCE NO. 0-88-34 - Morchesky Annexation AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION; ANNEXING TWO PARCELS OF LAND GENERALLY BORDERING THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFFECTIVE DATE. (lst Reading 11/30/88, PH advertised 6/14/89, 6/21/89, 6/28/89, 7/5/89, PH 7/12/89) Attorney Nash read Ordinance No. 0-88-34, for the second time, by title only. Mayor Votapka opened the public hearing at 8:03 p.m. The Director of Community Development gave a presentation on the request and discussion took place on adverse comments made by various governmental agencies concerning right-of-way and the environment. Attorney Nash assured Council that if this and other properties presented for annexation were in fact annexed, the approval would not grant vested rights to the property owners who would have to undergo site plan approval for development, comply with city 7 Regular City Council Meeting July 12, 1989 Page 8 codes and address water, sewer and right-of-way concerns. Mayor Votapka suggested that the remaining county property to north of the subject property be considered for annexation so as not the create an enclave. Attorney Nash responded that the property is contiguous to the city limits and does not create an enclave. The City Planner stated that in conversations with County Planner, Bob Keating, it was apparent that the County would welcome viable annexation programs. David Cairns, legal counsel for Morchesky, said the applicant was agreeable to donating right-of-way to the city and stated that the small parcel on the southeast corner of the Morchesky property had been sold and the new owner was willing to annex into the city. Mr. Cairns and Mrs. Morchesky stated no objection to allowing DeCristofaro and Flatt, if annexed, use of Morchesky property for ingress and egress if necessary. Damiam Gilliams said Jeffrey Fey, the new owner of the small parcel, would be willing to annex. Mayor Votapka closed the public hearing at 8:30 p.m. MOTION by McCollum/Oberbeck I move we adopt Ordinance No. 0-88-34 as read by the City Attorney by title only. ROLL CALL: Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye MOTION CARRIED 5-0. Mayor Votapka requested that staff look into the possiblity of annexing property to the north of the subject property and inform the County of the City's intent. 8 Regular City Council Meeting July 12, 1989 Page 9 88.180 G. ORDINANCE NO. 0-88-35 - Morchesky CLUP Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY LD2 DISTRICT AND MXD DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT- OF-WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst Reading and 1st PH 11/30/88, 1st PH advertised 11/21/88, Transmittal to DCA 2/20/89, 2nd PH advertised 7/5/89, 2nd PH 7/12/89) Attorney Nash read Ordinance No. 0-88-35, for the second time, by title only. Mayor Votapka opened the public hearing at 8:36 p.m. The Director of Community Development recommended approval. Mayor Votapka closed the public hearing at 8:37 p.m. MOTION by McCarthy/Oberbeck I move we adopt Ordinance No. 0-88-35 as read by the City Attorney by title only. ROLL CALL: Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 5-0. 88.180 H. ORDINANCE NO. 0-88-36 - Morchesky Rezoning AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD FROM COUNTY ZONING DISTRICTS Al, RM6, AND IL TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT Regular City Council Meeting July 12, 1989 Page 10 HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst Reading 11/30/88, PH advertised 6/30/89, PH 7/12/89) Attorney Nash read Ordinance No. 0-88-36, for the second time, by title only. Mayor Votapka opened the public hearing at 8:39 p.m. The Director of Community Development recommended approval. Mayor Votapka closed the public hearing at 8:40 p.m. MOTION by Oberbeck/McCollum I move we adopt Ordinance No. 0-88-36 as read by the City Attorney by title only. ROLL CALL: Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye MOTION CARRIED 5-0. 88.181 I. ORDINANCE NO. 0-88-37 - DeCristofaro Annexation AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION; ANNEXING A PARCEL OF LAND GENERALLY BORDERING THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 9 ACRES, MORE OR LESS, LOCATED ON THE WEST SiDE OF THE RIGHT- OF-WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFFECTIVE DATE. (lst ReadinG 11/30/88, PH advertised 6/14/89, 6/21/89, 6/28/89, 7/5/89, PH 7/12/89) Attorney Nash read Ordinance No. 0-88-37, for the second time, by title only. Mayor Votapka opened the public hearing at 8:41 p.m. The Director of Community Development presented the request, recommended approval and encouraged vacation of the current road riGht-of-way to the west of the property and granting the city an easement, to which the applicant, Howard DeCristofaro stated no objection. 10 Regular City Council Meeting July 12, 1989 Page 11 Mr. DeCristofaro also stated he understood that if the property was annexed and if land use and rezoning requests were approved, he was granted no vested rights to develop the property, that he must satisfy site plan regulations and address right-of-way, water and sewer. Mayor Votapka closed the public hearing at 8:47 p.m. MOTION by Oberbeck/McCarthy I move we adopt Ordinance No. 0-88-37 as read by the City Attorney by title only. ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye MOTION CARRIED 5-0. 88.181 ORDINANCE NO. 0-88-38 - DeCristofaro CLUP Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY LD2 DISTRICT AND MXD DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 9 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst Reading and 1st PH 11/30/88, 1st PH advertised 11/21/88, Transmittal to DCA 2/20/89, 2nd PH advertised 7/5/89, 2nd PH 7/12/89) Attorney Nash read Ordinance No. 0-88-38, for the second time, by title only. Mayor Votapka opened the public hearing at 8:49 p.m. The Director of Community Development recommended approval. Mayor Votapka closed the public hearing at 8:50 p.m. 11 Regular City Council Meeting July 12, 1989 Page 12 MOTION by McCarthy/Oberbeck I move we adopt Ordinance No. 0-88-38 as read by the City Attorney by title only. ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye MOTION CARRIED 5-0. 88.181 K. ORDINANCE NO. 0-88-39 - DeCristofaro Rezoning AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY iN THE THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 9 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD FROM COUNTY ZONING DISTRICTS A1 AND RM6 TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst Reading 11/30/88, PH advertised 6/30/89, PH 7/12/89) Attorney Nash read Ordinance No. 0-88-39, for the second time, by title only. Mayor Votapka opened the public hearing at 8:51 p.m. The Director of Community Development recommended approval. Mayor Votapka closed the public hearing at 8:52 p.m. MOTION by McCarthy/Oberbeck I move we adopt Ordinance No. 0-88-39 as read by the City Attorney by title only. ROLL CALL: Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye MOTION CARRIED 5-0. 12 Regular City Council Meeting July 12, 1989 Page 13 88.182 L. ORDINANCE NO. 0-88-40 -Flatt Annexation AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION; ANNEXING A PARCEL OF LAND GENERALLY BORDERING THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 2.5 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFFECTIVE DATE. (lst Reading 11/30/88, PH advertised 6/14/89, 6/21/89, 6/28/89, 7/5/89, PH 7/12/89) Attorney Nash read Ordinance No. 0-88-40, for the second time, by title only. Mayor Votapka opened the public hearing at 8:53 p.m. The Director of Community Development recommended approval. Jo Flatt stated she understood that if the property was annexed and if her requests for land use change and rezoning were approved, she was granted no vested rights to develop the property, that she must satisfy site plan regulations and address right-of-way, water and sewer. Mayor Votapka closed the public hearing at 8:55 p.m. MOTION by McCarthy/Oberbeck I move we adopt Ordinance No. 0-88-40 as read by the City Attorney by title only. ROLL CALL: Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 5-0. 88.182 M. ORDINANCE NO. 0-88-41 -Flatt CLUP Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY MXD DISTRICT TO CITY iN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE 13 Regular City Council Meeting July 12, 1989 PaGe 14 CITY, APPROXIMATELY 2.5 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst ReadinG and 1st PH 11/30/88, 1st PH advertised 11/21/88, Transmittal to DCA 2/20/89, 2nd PH advertised 7/5/89, 2nd PH 7/12/89) Attorney Nash read Ordinance No. O-88-41, for the second time, by title only. Mayor Votapka opened the public hearinG at 8:57 p.m. The Director of Community Development recommended approval. Mayor Votapka closed the public hearing at 8:58 p.m. MOTION by McCarthy/Oberbeck I move we adopt Ordinance No. O-88-41 as read by the City Attorney by title only. ROLL CALL: Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye MOTION CARRIED 5-0. 88.182 N. ORDINANCE NO. 0-88-42 - Flatt Rezoning AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 2.5 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RiGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD FROM COUNTY ZONING DISTRICT IL TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst Reading 11/30/88, PH advertised 6/30/89, PH 7/12/89) Attorney Nash read Ordinance No. 0-88-42, for the second time, by title only. 14 Regular City Council Meeting July 12, 1989 Page 15 10. 11. 12. Mayor Votapka opened the public hearing at 8:59 p.m. The Director of Community Development recommended approval. Mayor Votapka closed the public hearing at 9:00 p.m. MOTION by McCarthy/Oberbeck I move we adopt Ordinance No. 0-88-42 as read by the City Attorney by title only. ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye MOTION CARRIED 5-0. PUBLIC INPUT A. Agenda Items None. B. Non-Agenda Items None. COMMITTEE REPORTS/RECOMMENDATIONS Vice Mayor McCarthy said the Indian River County Transportation Planning meeting on this day had been moved to August 2, 1989. OLD BUSINESS None. NEW BUSINESS None. MAYOR'S MATTERS In response to Mayor Votapka, Attorney Nash said he did not wish to discuss pending litigation regarding airport charter amendment implementation. Attorney Nash did say, however, that Council is not required to respond within twenty days to the summons in regard to the petition for writ of mandamus. 13. 15 Regular City Council Meeting July 12, 1989 Page 16 Mayor Votapka announced the 3oint workshop between City Council and Planning and Zoning on Wednesday, July 19, 1989 at 7:00 p.m. to discuss revisions to the Comprehensive Land Use Plan. The Director of Community Development said revisions would be received on July 19, 1989 prior to the meeting. 14. COUNCIL MATTERS A. Vice Mayor McCarthy 89.105 MOTION by McCarthy/Rondeau I move we utilize the services of Sebastian Answering Service at a cost of $50 per month for the Sebastian Municipal Airport hotline. ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye MOTION CARRIED 5-0. 89.024 Discussion took place on opting out of the County impact fee and with the concurrence of the majority of Council, Attorney Nash was instructed to review opting out and this item was placed on the August 9, 1989 regular meeting agenda. Attorney Nash said he would discuss this matter with other city attorneys during his attendance at the Florida Municipal Attorneys' Association Seminar FSerida Bar Asseeia~ie~ seminar in Marco Island on August 3, 4 and 5 Mareh i9 and i$? 1989. B. Councilman McCollum None. C. Councilman Oberbeck 89.003 Upon request by Councilman Oberbeck, the City Manager gave a brief report on his meeting on June 22, 1989, with the FAA in Washington, D.C. regarding the Agreement in Principle between the FAA and the City of Sebastian. 16 Regular City Council Meeting July 12, 1989 Page 17 D. Councilman Rondeau 89.003 1. Letter from AOPA dated 6/21/89 Re: Airport Councilman Rondeau said he had met with the City Manager and a representative of the AOPA on Tuesday, July 11, 1989 and stated the AOPA is willing to work with the city to resolve airport problems. 15. CITY ATTORNEY MATTERS None. 16. CITY MANAGER MATTERS None. 17. Mayor Votapka ad3ourned the meeting at 9:55 p.m. Approved at the July 26, 1989 Regular City Council Meeting. Richard B. Votapka, Mayor O'Halloran, City Clerk 17