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HomeMy WebLinkAbout07221992 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 22, 1992 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Ron Barber, Community Baptist Church 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 92.141 Presentation of Plaques to 4th of July Committee Chairpersons: * John Malek - Committee Chairman * Marilyn Waldis - Decorations Chairwoman * Joe DeWolf - Entertainment Chairman * Anthony Donini - Finance Chairman * Kelly Gross - Parade Chairwoman * Chuck Emory - Parade Coordinator * Richard Pawlus - Media Coordinator * Sebastian Chamber of Commerce - Booth Coordinator 92.179 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 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. RESOLUTION NO. R-92-33 - Fischer Special Use Permit- Mulching and Burning Facility (Staff Recommendation dated 7/16/92, City Attorney Letter dated 6/22/92, R-92-33) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE OPERATION OF A MULCHING AND BURNING FACILITY, PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FOR A TRACT OF LAND APPROXIMATELY 25.69 ACRES IN SIZE LOCATED NORTH OF COUNTY ROAD 512, WEST OF THE SEBASTIAN RIVER, AND EAST OF THE WESTERN CITY LIMITS, LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC INPUT ON AGENDA ITEMS 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 - May 27, 1992 Regular Meeting, July 1, 1992 Workshop and July 8, 1992 Regular Meeting 92.211 92.194 92.155 92.212 92.213 92.214 92.215 G. St. Elizabeth Episcopal Church - Request Waiver of Site Plan and Permit Fees (Staff Recommendation dated ?/16/92, Reverend Merola Letter dated 7/16/92) H. U.S. One Sidewalk Bids - Request to Waive Bidding Procedures (No Bids Received) (Staff Recommendation dated 7/16/92) I. Revise Budget Calendar - Set Final Public Hearing for September 10, 1992 (Staff Recommendation dated 7/10/92) 10. PRESENTATIONS - None 11. MAYOR AND CITY COUNCIL MATTERS A. Dr. Peter R. Holyk 1. Communication Restrictions Between Elected Officials and Constituents Re: Quasi-Judicial Matters (City Clerk Memo dated 7/2/92, Minutes dated 5/6/92, Titusville Resolution) B. Mr. George G. Reid C. Mayor Lonnie R. Powell D. Mr. Frank Oberbeck E. Mrs. Carolyn Corum 12. CITY ATTORNEY MATTERS A. Enact Policy Re: Scrub Jay Habitat (City Attorney Letters dated 6/17/92 & 6/16/92, Notice) B. Opinion Letter Re: Newspaper Advertising (City Attorney Letter dated 7/16/92) 13. CITY MANAGER MATTERS 14. COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING AND ZONING COMMISSION 1. Appointments to Member PositiOns (Staff Recommendation dated 7/16/92, P & Z Memo dated 7/7/92, 15 Applications, P & Z Member & Term List, Lindsay Resignation Letter dated 7/16/92) 4 15. 92.060 OLD BUSINESS 16. 92.216/ A. 91.168 92.217 B. 92.218 C. 17. Review Police Station Radio Tower (Staff Recommendation dated 7/16/92, Petty Memo dated 7/13/92, Fisher Letter dated 7/9/92) NEW BUSINESS Discuss Wentworth Ditch Realignment (Staff Recommendation dated 7/15/92) Land Trade Between Paul and Hazel Stevenson and City of Sebastian (City Manager Recommendation dated 7/16/92, Portion of Tax Atlas ) Adjust Code Enforcement Lien - Tom Walsh (Staff Recommendation dated 7/16/92, Biggins Letter dated 7/8/92, Orders, City Manager Memo dated 1/31/89) INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - B~ Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 92.219 A. Request of Fraternal Order of Police for Fundraising Carnival on City Property (FOP Letter dated 7/5/92) 18. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 5 7/22/92 PUBLIC HEARING SIGNUP SHEET 92.179 A. RESOLUTION N©. R-92-33 ' Fischer Special Use Permit - Mulching and Burning Facility A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE OPERATION OF A MULCHING AND BURNING FACILITY, PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FOR A TRACT OF LAND APPROXIMATELY 25.69 ACRES IN SIZE LOCATED NORTH OF COUNTY ROAD 512, WEST OF THE SEBASTIAN RIVER, AND EAST OF THE WESTERN CITY LIMITS, LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: JULY 22, 1992 REGULAR CITY COUNCIL ME_ETING PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET (Use this form O~ for input on items on the prepared agenda except for public hearings which have their own signup sheets. If you wish to speak during the actual discussion of the matter rather ~an during "Public Input on Agenda Items" please note.) ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: JULY 22, 1992 REGULAR CITY COUNCIL MEETING INTRODUCTION OF BUSINESS FROM THE PUBLIC SIGNUP SHEET (Use this form O~[L~ for presentation of matters ~OT on the prepared agenda. Introduction of Business from the Public is the last item on the agenda) NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: 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 22, 1992 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CiTY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. Mayor Powell called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Invocation was given by Reverend Ron Barber, Community Baptist Church. 4. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Dr. Peter Holyk Mr. George Reid Also Present: City Manager, Robert McClary Assistant City Attorney, Rick Torpy Director of Community Development, Bruce Cooper Finance Director, Mike Hudkins Chief of Police, Earle Petty City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Male Regular City Council Meeting July 22, 1992 Page Two 92.141 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). By request of the applicant, item 92.217 Land Trade Between Paul and Hazel Stevenson and City of Sebastian was withdrawn. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS Presentation of Plaques to 4th of July Committee Chairpersons: * John Malek - Committee Chairman * Marilyn Waldis - Decorations Chairwoman * Joe DeWolf - Entertainment Chairman * Anthony Donini - Finance Chairman * Kelly Gross - Parade Chairwoman * Chuck Emory - Parade Coordinator * Richard Pawlus - Media Coordinator (absent) * Sebastian Chamber of Commerce - Booth Coordinator (Cindy Johnson) Mayor Powell presented plaques to 4th of July Committee Chatrpeople present. Joe DeWolf presented a plaque to Chairman John Malek. B. Announcements At the request of Mr. Oberbeck, the City Manager explained Indian River County's plan to realign the Wentworth ditch subsequent to a public information meeting they will conduct on August 6, 1992 in the City Council Chambers. Regular City Council Meeting July 22, 1992 Page Three 7. PUBLIC HEARING, FINAL ACTION 92.179 A. RESOLUTION NO. R-92-33 - Fischer Special Use Permit - Mulching and Burning Facility (Staff Recommendation dated 7/16/92, City Attorney Letter dated 6/22/92, R-92-33) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE OPERATION OF A MULCHING AND BURNING FACILITY, PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FOR A TRACT OF LAND APPROXIMATELY 25.69 ACRES IN SIZE LOCATED NORTH OF COUNTY ROAD 512, WEST OF THE SEBASTIAN RIVER, AND EAST OF THE WESTERN CITY LIMITS, LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-92-33 by title only. Mayor Powell opened the public hearing at 7:13 p.m. The Director of Community Development presented staff recommendation to approve the temporary special use. Bruce Barkett, Collins, Brown & Caldwell, legal counsel for adjacent property owners Hamilton and Anthony Coraci, stated that this use is not compatible with other permitted and conditional uses in the zone and would be injurious to surrounding property owners. Mayor Powell closed the public hearing at 7:22 p.m. Council discussion followed. Regular City Council Meeting July 22, 1992 Page Four 92.206 MOTION by Corum/Oberbeck I make a motion that we approve it under the condition that we change Section 3 to read that the mulching and burning facility is located or on the one year anniversary of the granting of the special use permit and any property around it not 3ust that particular subdivision. ROLL CALL: Mr. Oberbeck nay Mrs. Corum aye Dr. Holyk nay Mr. Reid nay Mayor Powell nay MOTION FAILED 1-4 (Oberbeck, Holyk, Reid, Powell - nay ) MOTION by Oberbeck/Holyk I would move to approve Resolution No. R-92-33 Fischer Special Use Permit for a mulching and burning facility. ROLL CALL: Mrs. Corum nay Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye MOTION CARRIED 4-1 (Corum - nay) PUBLIC INPUT ON AGENDA ITEMS None. CONSENT AGENDA - Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - May 27, 1992 Regular Meeting, July 1, 1992 Workshop and July 8, 1992 Regular Meeting Winn Brothers Custom Homes - Specimen Tree Removal Request - Two Pines - Lot 1, Block 380, Unit 11, Sebastian Highlands (Staff Recommenda- tion dated 7/2/92, Application, Survey) 4 Regular City Council Meeting July 22, 1992 Page Five 92.207 C. Diane Stukus - Specimen Tree Removal Request - One Pine - Lots 20 & 21, Block 405, Unit 11, Sebastian Highlands (Staff Recommendation dated 7/2/92, Map) 92.208 D. RESOLUTION NO. R-92-34 - Vacation of Easement - Lots 25 & 26, Block B - Palm Lake Club Subdivision (R-92-34, City Engineer Memo dated 7/7/92, Application, Owner Authorization dated 6/30/92, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE NORTHEAST FIVE FEET OF THE SOUTHWEST FIVE FEET OF LOT 26, BLOCK B, PALM LAKE CLUB SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 13-47, 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. 92.209 E. RESOLUTION NO. R-92-15 - Vacation of Easement - Lots 13 & 14, Block 192, Unit 6, Sebastian Highlands (R-92-15, FP&L Release Letter dated 6/18/92, City Engineer Memo dated 2/19/92, Application, Survey A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE NORTH 6 FEET OF LOT 14, AND THE SOUTH 6 FEET OF LOT 13, BLOCK 192, UNIT 6, SEBASTIAN HIGHLANDS ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5- 96, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AND EFFECTIVE DATE. 92.210 F. 92.211 G. St. Sebastian Catholic Church - Request Waiver of Permit Fees for Parish Hall and Rectory Office Remodeling (Staff Recommendation dated 7/13/92, Reverend Sockol Letter dated 7/6/92) St. Elizabeth Episcopal Church - Request Waiver of Site Plan and Permit Fees (Staff Recommendation dated 7/16/92, Reverend Merola Letter dated 7/16/92) 5 Regular City Council Meeting July 22, 1992 Page Six 92.194 H. 92.155 I. U.S. One Sidewalk Bids - Request to Waive Bidding Procedures (No Bids Received) (Staff Recommendation dated 7/16/92) Revise Budget Calendar - Set Final Public Hearing for September 10, 1992 (Staff Recommendation dated 7/10/92) The City Manager read the consent agenda in its entirety. Mayor Powell removed item H; Mrs. Corum removed items C, G and I. MOTION by Oberbeck/Holyk I would move to approve items A, B, D, E and F of the consent agenda. ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye MOTION CARRIED 5-0. Item C Mrs. Corum noted that the subject specimen trees were hard to identify by the map and hoped a better method can be found. MOTION by Corum/Oberbeck I move to approve item C specimen tree removal. VOICE VOTE on the motion carried 5-0. Item G Mrs. Corum inquired as to the amount of the permits being waived. The Director of Community Development responded that the building permit fee has not been determined and that site plan fee is 9350. Regular City Council Meeting July 22, 1992 Page Seven MOTION by Corum/Oberbeck I'd like to approve item G request waiver of site plan and permit fees. ROLL CALL: Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye MOTION CARRIED 5-0. Item H The City Manager briefly explained that although advertised twice, no bids were received for sidewalk installation adjacent to U.S. 1, therefore, staff was requesting authorization to negotiate a contract and come back to Council. MOTION by Holyk/Oberbeck I would move that we approve item H of the consent agenda U.S. 1 sidewalk bids, request waiver of bidding procedure. VOICE VOTE on the motion carried 5-0. TAPE I - SIDE II Item I The City Manager explained that the Indian River County School Board will conduct a public hearing on September 10, 1992, and certain Council members will be absent for September 9, 1992, therefore, another date should be chosen for the final budget public hearing. MOTION by Holyk/Corum I move approval of setting the final public hearing date for September 16, 1992 for the City budget. VOICE VOTE on the motion carried 5-0. 10. PRESENTATIONS None. 7 Regular City Council Meeting July 22, 1992 Page Eight 92.212 11. MAYOR AND CITY COUNCIL MATTERS A. Dr. Peter R. Holyk Dr. Holyk requested an update on Laconia Street; requested that citizens address letters to him at the City Hall address; was informed that City staff has tentatively scheduled meetings with GDU relative to acquisition; and inquired as to the status of the Laura Jackson house. Communication Restrictions Between Elected Officials and Constituents Re: Quasi-Judicial Matters (City Clerk Memo dated 7/2/92, Minutes dated 5/6/92, Titusville Resolution) MOTION by Holyk/Oberbeck I'll make a motion that staff draft a resolution with regards to communication restrictions between elected officials and constituents regarding quasi-judicial matters. VOICE VOTE on the motion carried 5-0. B. Mr. George G. Reid Mr. Reid inquired as to status of the Community Center floor replacement and Yacht Club dock renovation. C. Mayor Lonnie R. Powell Mayor Powell requested that staff look into the safety aspect of placement of light poles on Laconia Street; and said he had inspected and found the Teen Center to be in very good condition. D. Mr. Frank Oberbeck Mr. Oberbeck inquired about the placement of poles in sidewalks on U.S. 1. Dr. Holyk inquired about a proposed traffic light at Fleming and CR 512. E. Mrs. Carolyn Corum Mrs. Corum lauded the 4th of July celebration and urged staff to get involved next year. 8 Regular City Council Meeting July 22, 1992 Page Nine 92.213 Mrs. Corum commended the City Planner for her environmental efforts. Mayor Powell called recess at 8:11 p.m. and reconvened the meeting at 8:26 p.m. Ail members were present. 12. CITY ATTORNEY MATTERS Enact Policy Re: Scrub Jay Habitat (City Attorney Letters dated 6/17/92 ~ 6/16/92, Notice) John King, 182 Delmonte Road, Sebastian, expressed concern for proposed city policies to comply with state and federal regulations on endangered species. The City Attorney clarified the possible imposition of penalties to the city if it neglects to comply with these regulations, and recommended an ordinance be adopted to set out procedures for property owners in certain areas to obtain permits from state and federal agencies prior to obtaining a building permit from the city. A lengthy discussion followed. TAPE II - SIDE I The Director of Community Development said his office had compiled a list of those lots affected by the regulation. MOTION by Oberbeck/Reid I would move to enact the policy. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye MOTION CARRIED 5-0. The effect of the motion was to direct the City Attorney to draft an ordinance. Regular City Council Meeting July 22, 1992 Page Ten 92.214 B. Opinion Letter Re: Newspaper Advertising (City Attorney Letter dated 7/16/92) A brief Council discussion took place in regard to the appropriate publications for advertising. MOTION by Holyk/Reid I move that the City staff be directed to do their advertising with the Sebastian Sun where its possible to do that, in order to save the City taxpayers money. Further discussion ensued. ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 5-0. 13. CITY MANAGER MATTER The City Manager stated that he had requested Attorney Torpy to attend this meeting rather than Attorney Nash due to specific items on the agenda. 14. COMMITTEE REPORTS~RECOMMENDATIONS Dr. Holyk reported that due to short notice he was unable to attend the Visions meeting, however, the City Planner attended the organizational meeting. Mayor Powell requested that a staff member attend the Council of 100 conference with him on July 31, 1992. A. PLANNING AND ZONING COMMISSION 92.215 Appointments to Member Positions (Staff Recommendation dated 7/16/92, P & Z Memo dated 7/7/92, 15 Applications, P & Z Member & Term List, Lindsay Resignation Letter dated 7/16/92) The Director of Community Development announced that Jim Wadsworth's resignation letter is forthcoming and that Mame O'Connor had resigned at the last meeting. 10 Regular City Council Meeting July 22, 1992 Page Eleven MOTION by Oberbeck/Corum I would make the motion to approve the recommendation that Earl Shroyer be appointed to replace Mr. Mahone¥'s position as the regular member for a three year term to expire June 1995. VOICE VOTE on the motion carried 3-2 (Holyk, Reid - nay) MOTION by Oberbeck/Holyk I would move that Arthur Firtion be appointed as an alternate member to fill Mr. Shroyer's term to expire 11/92. Mrs. Corum noted that since distribution of these applications a new form has been drafted and suggested that these applicants resubmit. VOICE VOTE on the motion carried 5-0. MOTION by Oberbeck/Holyk (With regard to the appointment for Mr. Lindsay's position) I would make a motion that Mr. Carl Fischer be appointed for the unexpired term until January of 1993. ROLL CALL: Mrs. Corum nay Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye MOTION CARRIED 4-1 (Corum - nay) Mr. Oberbeck was excused from 9:29 p.m. to 9:30 p.m. Discussion followed on the need for guidelines for the Planning and Zoning Commission to follow for interviewing applicants. 11 Regular City Council Meeting July 22, 1992 Page Twelve 15. OLD BUSINESS 92.060 A. 92.216/ 91.168 16. 92.217 Review Police Station Radio Tower (Staff Recommendation dated 7/16/92, Petty Memo dated 7/13/92, Fisher Letter dated 7/9/92) The City Manager requested direction from Council on the radio tower. TAPE II - SIDE II Following a lengthy discussion relative to additional costs for a freestanding tower as opposed to a tower utilizing guy wires, motion was made. MOTION by Oberbeck/Holyk I'm going to move that we go ahead and authorize them to go with this drawing I refer to as #2 the second drawing showing the two wires on Cross Street the one crossing the driveway and that we stay within the amount of S10,953.86. ROLL CALL: Dr. Holyk nay Mr. Reid nay Mayor Powell aye Mr. Oberbeck aye Mrs. Corum nay MOTION FAILED 2-3 (Holyk, Reid, Corum - nay) The City Manager said he would come back with better information at the August workshop and ask the vendor to stake out the proposed locations and attend the meeting. NEW BUSINESS Discuss Wentworth Ditch Realignment (Staff Recommendation dated 7/15/92) This item had been discussed under Announcements. Land Trade Between Paul and Hazel Stevenson and City of Sebastian (Cit~ Manager Recommendation dated 7/16/92, Portion of Tax Atlas ~ This item had been withdrawn. 12 Regular City Council Meeting July 22, 1992 Page Thirteen 92.218 C. 92.219 17. 18. Adjust Code Enforcement Lien - Tom Walsh (Staff Recommendation dated 7/16/92, Biggins Letter dated 7/8/92, Orders, City Manager Memo dated 1/31/89) MOTION by Holyk/Corum I would move that we adjust the Code Enforcement lien for Tom Walsh as per the recommendation and accept the settlement in the amount of $6,900. ROLL CALL: Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye MOTION CARRIED 5-0. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution NO. R-89-30 Limit of Ten Minutes for Each Speaker) Request of Fraternal Order of Police for Fundraisin~ Carnival on City Property (FOP Letter dated 7/5/92) Lawrence Hardison, 350 Conover, Sebastian, presented the request and fielded questions from Council. MOTION by Oberbeck/Reid I would move that we give tentative approval to the FOP and allow them to use the property east of the Superamerica station for a fundraising carnival in November 1992 subject to working out conditions with staff. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid nay MOTION CARRIED 4-1 (nay) Being no further business, Mayor Powell adjourned the meeting at 10:15 p.m. 13 Regular City Council Meeting July 22, 1992 Page Fourteen Approved at the ~/~ O'Halloran, City Clerk · 199~~~ Council Meeting. '~.~_~Snie R. Po~l~ Mayor 14