HomeMy WebLinkAbout09121990City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 12, 1990 - 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 Harold Lee - First Baptist
Church of Sebastian
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - Constitution Week - 9/17 - 9/23/90
7. PUBLIC HEARING, FINAL ACTION
89.205
ORDINANCE NO. 0-89-30 - Fischer CLUP Amendment -
116.55 Acres
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 WITH RESPECT TO THREE
PARCELS OF LAND, APPROXIMATELY 116.55 ACRES MORE OR
LESS, LOCATED IN THE SOUTHEAST SECTION OF THE CITY,
ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY
RIGHT-OF-WAY, SOUTH AND EAST OF SCHUMANN DRIVE; AND
NORTH OF MABRY STREET; AMENDING THE COMPREHENSIVE USE
PLAN MAP FOR THE FIRST PARCEL OF LAND FROM INDIAN
1
9/12/90 Regular Meeting Agenda
Page 2
RIVER COUNTY LD-2 (LOW DENSITY) AND MXD (MIXED)
DISTRICTS TO CITY LD (LOW DENSITY) DISTRICT; AMENDING
THE COMPREHENSIVE LAND USE PLAN MAP WITH RESPECT TO
THE SECOND PARCEL OF LAND FROM INDIAN RIVER COUNTY
LD-2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY
MD (MEDIUM DENSITY) DISTRICT; AMENDING THE
COMPREHENSIVE LAND USE PLAN MAP WITH THE RESPECT TO
THE THIRD PARCEL OF LAND FROM INDIAN RIVER COUNTY LD-
2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY iND
(INDUSTRIAL) DISTRICT; PROVIDING FOR THE TRANSMITTAL
OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE. (lst Reading 12/13/89,
Advertised 1/4 Page 1/15/90, 1st PH 1/24/90,
Transmittal to DCA, 8/1/90 Discussion, Advertised 1/4
Page 9/6/90, 2nd PH 9/12/90)
89.205
Be
ORDINANCE NO. 0-89-31 - Fischer Rezoning - 116.55
Acres
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
THREE PARCELS OF REAL PROPERTY IN THE SOUTHEAST
SECTION OF THE CITY, APPROXIMATELY 116.55 ACRES MORE
OR LESS, LOCATED ON THE WEST SIDE OF THE FLORIDA EAST
COAST RAILWAY RIGHT-OF-WAY, SOUTH AND EAST OF
SCHUMANN DRIVE, AND NORTH OF MABRY STREET; REZONiNG
THE FIRST PARCEL OF REAL PROPERTY FROM COUNTY ZONING
DISTRICTS AGRICULTURAL 1 AND RM-6 (RESIDENTIAL MULT-
FAMILY) TO CITY ZONING DISTRICT RS-10 (RESIDENTIAL
SINGLE FAMILY); REZONING THE SECOND PARCEL OF REAL
PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1
AND RM-6 (RESIDENTIAL MULTi-FAMILY) TO CITY ZONING
DISTRICT RM-8 (RESIDENTIAL MEDIUM); REZONING THE
THIRD PARCEL OF REAL PROPERTY FROM COUNTY ZONING
DISTRICTS AGRICULTURAL 1, RM-6 (RESIDENTIAL MULTI-
FAMILY) AND IND (INDUSTRIAL) TO CITY ZONING DISTRICT
IN (INDUSTRIAL); AMENDING THE OFFICIAL CITY ZONING
MAP TO REFLECT THE CHANGE IN ZONING; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE. (lst Reading 12/13/89,
Advertised 8/29/90 Legal Notices, PH 9/12/90)
2
9/12/90 Regular Meeting Agenda
Page 2
90.153 C.
ORDINANCE NO. 0-90-06 - Old Fire Station - U.S.
#1 - CLUP Amendment - .398 Acres
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 (COMMERCIAL
LIMITED) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT
FOR LAND LOCATED IN THE EAST CENTRAL AREA OF THE
CITY, APPROXIMATELY .398 ACRES MORE OR LESS LOCATED
ON THE EAST SIDE OF THE RIGHT-OF-WAY OF US HIGHWAY 1,
ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN
STREET AND SOUTH OF FIRST STREET; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/8/90,
Advertised 1/4 Page 8/14/90, 1st PH 8/22/90,
Advertised 1/4 Page 9/5/90, 2nd PH 9/12/90)
90.153
ORDINANCE NO. 0-90-07 - Old Fire Station - U.S.
#1 - CLUP Amendment - .398 Acres
90.152
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING
CERTAIN PROPERTY IN THE EAST CENTRAL AREA OF THE
CITY, APPROXIMATELY .398 ACRES MORE OR LESS LOCATED
ON THE EAST SIDE OF THE RIGHT-OF-WAY OF US HIGHWAY 1,
ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN
STREET ,AND SOUTH OF FIRST STREET, FROM CL
(COMMERCIAL LIMITED) ZONING DISTRICT TO CG
(COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/8/90,
Advertised 8/29/90 Legal Notices, PH 9/12/90)
E. ORDINANCE NO. 0-90-08 - Rezoning CL-512 to C-512
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA PERTAINING TO COMMERCIAL ZONING
DISTRICTS; AMENDING SECTION 2OA-3.8A OF THE LAND
DEVELOPMENT CODE TO REPLACE THE EXISTING CL-512
ZONING DISTRICT WITH THE C-512 ZONING DISTRICT;
REPLACING ALL REFERENCES TO THE CL-512 ZONING
DISTRICT IN THE LAND DEVELOPMENT CODE TO THE C-512
ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
7/25/90, Advertised 1/4 Page 8/29/90, PH 9/12/90)
3
9/12/90 Regular Meeting Agenda
Page 4
8. PUBLIC INPUT
A. Non-Agenda Items
B. Agenda Items
9. CONSENT AGENDA
Approval of Minutes - 8/22/90 Regular Meeting,
9/5/90 Workshop
90.204
Approve Sebastian Panthers Request for Fee Waiver
for Field Use and Lighting at Barber Street
Sports Complex - Panther Super Bowl - 11/17/90 -
10 a.m. - 9 p.m. (City Manager Recommendation
dated 8/29/90, Memo from P & R dated 8/29/90)
90.205
Golf Course - Waive Bid Procedure for Purchase of
15 Tons 16-4-8 Fertilizer - Kaiser/Estech, Ft.
Pierce - $8,955 (Staff Recommendation dated
9/4/90, Memo from GC Superintendent dated 9/4/90,
ParEx Info)
90.206
Sebastian River Area Art Club - Request for Use
of Riverview Park (Staff Recommendation dated
9/5/90, Letter from Dougherty dated 8/18/90)
90.207
90.208
Craft Club of Sebastian - Request for Use of
Riverview Park (Staff Recommendation dated
8/16/90, Letter from Wise dated 8/27/90)
RESOLUTION NO. R-90-36 - Administrative Fee -
Noxious Vegetation (Staff Recommendation dated
9/6/90)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, IMPOSING AN ADMINISTRATIVE
FEE OF FIFTY ($50.00) TO ABATE A NUISANCE OF
OVERGROWN OR NOXIOUS VEGETATION; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
90.209
Mid-Florida Schutzhund Club Assignment of Lease
to Indian River Schutzhund Club (City Manager
Recommendation dated 9/6/90, Letter from IR
Schutzhund Club dated 9/4/90, Letter from Mid-FL
Schutzhund Club dated 8/28/90, Current Lease)
4
9/12/90 Regular Meeting Agenda
Page 5
10. PRESENTATIONS
88.193 A.
90.133
Police Station Schematic Design - Architects
Design Group, Inc. (City Manager Recommendation
dated 9/6/90, Schematic Under Separate Cover)
11. COMMITTEE REPORTS/RECOMMENDATIONS
A. CODE ENFORCEMENT BOARD
90.210
Presentation of Case No. 90-3915 - Bob's
Garage (No Action Required)
90.211
B. PLANNING & ZONING COMMISSION
Proposed Ordinance to Require Mandatory
Numbering of Improved Properties (Staff
Recommendation dated 8/27/90, MemO from DCD
dated 7/26/90, Memo from P & Z dated 8/16/90)
C. CONSTRUCTION BOARD
90.212
Review Proposed Ordinance Amendments
Concerning Contractors' Licensing (Staff
Recommendation dated 8/28/90, 2 Memos from
Construction Board dated 8/28/90, Letter from
Sluggett dated 5/30/90)
12. OLD BUSINESS
90.170
Golf Course Parking Lot Improvements - Mosby &
Associates Proposal - Professional Engineering
Services (City Manager Recommendation dated
9/6/90, Mosby Proposal)
13. NEW BUSINESS
89.017
RESOLUTION NO. R-90-32 - Mutual Aid Agreement -
City of Sebastian & Sheriff's Department
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A MUTUAL AID
AND VOLUNTARY COOPERATION AGREEMENT; RATIFYING THE
AGREEMENT AS SIGNED BY THE CHIEF OF POLICE FOR THE
CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
9/12/90 Regular Meeting Agenda
Page 6
90.213 B.
RESOLUTION NO. R-90-33 - Communication Services
Agreement - City of Sebastian & Sheriff's
Department
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A
COMMUNICATIONS SERVICES AGREEMENT; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
90.214 C.
Appoint Earl Petty, Jr. - Sebastian Police
Officer's Retirement Fund - Board of Trustees
(City Manager Recommendation dated 8/23/90,
Letter from Finance Director dated 8/9/90)
14. MAYOR'S MATTERS
15. COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
16. CITY ATTORNEY MATTERS
17. CITY MANAGER MATTERS
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.)
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, SEPTEMBER 12, 1990 - 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 Conyers called the meeting to order at 7:03
p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Reverend Harold Lee, First
Baptist Church of Sebastian.
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Robert McCollum
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman Lloyd Rondeau
Also Present:
City Manager, Robert McClary
City Attorney, Rick Torpy
Director of Community Development,
Bruce Cooper
Finance Director, Carol Carswell
Chief of Police, Earle Petty
Interim Golf Course Manager, Jim
DeLarme
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Male
1
Regular City Council Meeting
September 12, 1990
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
At the request of Vice Mayor Oberbeck, discussion of
hours of sale of alcoholic beverages was placed on
the agenda as item B under Old Business.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - Constitution Week - 9/17 - 9/23/90
Mayor Conyers read and presented the proclamation to
Thelma Kropp.
7. PUBLIC HEARING, FINAL ACTION
89.205
ORDINANCE NO. 0-89-30 - Fischer CLUP Amendment -
116.55 Acres
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 WITH RESPECT TO THREE
PARCELS OF LAND, APPROXIMATELY 116.55 ACRES MORE OR
LESS, LOCATED IN THE SOUTHEAST SECTION OF THE CITY,
ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY
RIGHT-OF-WAY, SOUTH AND EAST OF SCHUMANN DRIVE; AND
NORTH OF MABRY STREET; AMENDING THE COMPREHENSIVE USE
PLAN MAP FOR THE FIRST PARCEL OF LAND FROM INDIAN
RIVER COUNTY LD-2 (LOW DENSITY) AND MXD (MIXED)
DISTRICTS TO CITY LD (LOW DENSITY) DISTRICT; AMENDING
THE COMPREHENSIVE LAND USE PLAN MAP WITH RESPECT TO
THE SECOND PARCEL OF LAND FROM INDIAN RIVER COUNTY
LD-2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY
MD (MEDIUM DENSITY) DISTRICT; AMENDING THE
COMPREHENSIVE LAND USE PLAN MAP WITH THE RESPECT TO
THE THIRD PARCEL OF LAND FROM INDIAN RIVER COUNTY LD-
2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY IND
(INDUSTRIAL) DISTRICT; PROVIDING FOR THE TRANSMITTAL
OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE. (lst Reading 12/13/89,
Advertised 1/4 Page 1/15/90, 1st PH 1/24/90,
Transmittal to DCA, 8/1/90 Discussion, Advertised 1/4
Page 9/6/90, 2nd PH 9/12/90)
The City Attorney read Ordinance No. 0-89-30 by title
only.
2
Regular City Council Meeting
September 12, 1990
Page Three
89.205
Mayor Conyers opened the public hearing at 7:10 p.m.
Virginia Struck, 892 Lance Street, and Evelyn Guido,
857 Lance Street, both of Sebastian expressed
concerns regarding traffic.
The Director of Community Development responded that
those concerns should be addressed during preliminary
plat deliberation.
Mayor Conyers closed the public hearing at 7:16 p.m.
MOTION by Oberbeck/McCollum
I move we adopt Ordinance No. 0-89-30.
ROLL CALL:
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
MOTION CARRIED 5-0.
ORDINANCE NO. 0-89-31 - Fischer Rezoning - 116.55
Acres
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
THREE PARCELS OF REAL PROPERTY IN THE SOUTHEAST
SECTION OF THE CITY, APPROXIMATELY 116.55 ACRES MORE
OR LESS, LOCATED ON THE WEST SIDE OF THE FLORIDA EAST
COAST RAILWAY RIGHT-OF-WAY, SOUTH AND EAST OF
SCHUMANN DRIVE, AND NORTH OF MABRY STREET; REZONING
THE FIRST PARCEL OF REAL PROPERTY FROM COUNTY ZONING
DISTRICTS AGRICULTURAL 1 AND RM-6 (RESIDENTIAL MULT-
FAMILY) TO CITY ZONING DISTRICT RS-10 (RESIDENTIAL
SINGLE FAMILY); REZONING THE SECOND PARCEL OF REAL
PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1
AND RM-6 (RESIDENTIAL MULTI-FAMILY) TO CITY ZONING
DISTRICT RM-8 (RESIDENTIAL MEDIUM); REZONING THE
THIRD PARCEL OF REAL PROPERTY FROM COUNTY ZONING
DISTRICTS AGRICULTURAL 1, RM-6 (RESIDENTIAL MULTI-
FAMILY) AND IND (INDUSTRIAL) TO CITY ZONING DISTRICT
IN (INDUSTRIAL); AMENDING THE OFFICIAL CITY ZONING
MAP TO REFLECT THE CHANGE IN ZONING; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE. (lst Reading 12/13/89,
Advertised 8/29/90 Legal Notices, PH 9/12/90)
3
Regular City Council Meeting
September 12, 1990
Page Four
90.153
The City Attorney read Ordinance No. 0-89-31 by title
only.
Mayor Conyers opened the public hearing at 7:18 p.m.
Corrin Van Buskirk, 865 Dolores Street, Cynthia
Fitzpatrick, 874 Dolores Street, and Elizabeth
McFadden, 886 Lance Street, all of Sebastian,
expressed concerns regarding traffic impact. Ms. Van
Buskirk submitted backup to Council which included a
petition objecting to egress from the subject
property onto Lance Street. Ms. McFadden also stated
that conditions of Fischer's burn permit are not
being adhered to.
The Director of Community Development reiterated his
statement that traffic concerns should be addressed
during preliminary plat deliberation.
Mayor Conyers advised the speakers to contact staff
with their concerns.
Mayor Conyers closed the public hearing at 7:45 p.m.
MOTION by Powell/Oberbeck
I move we accept Ordinance No. O-89-31.
ROLL CALL:
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
MOTION CARRIED 5-0.
ORDINANCE NO. 0-90-06 - Old Fire Station - U.S.
#1 - CLUP Amendment - .398 Acres
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 (COMMERCIAL
LIMITED) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT
FOR LAND LOCATED IN THE EAST CENTRAL AREA OF THE
CITY, APPROXIMATELY .398 ACRES MORE OR LESS LOCATED
ON THE EAST SIDE OF THE RIGHT-OF-WAY OF US HIGHWAY 1,
ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN
STREET AND SOUTH OF FIRST STREET; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
4
Regular City Council Meeting
September 12, 1990
Page Five
90.153
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/8/90,
Advertised 1/4 Page 8/14/90, 1st PH 8/22/90,
Advertised 1/4 Page 9/5/90, 2nd PH 9/12/90)
The City Attorney read Ordinance No. 0-90-06 by title
only.
Mayor Conyers opened the public hearing at 7:50 p.m.,
however, being no input he closed the public hearing.
MOTION by McCollum/Oberbeck
I move we adopt Ordinance No. 0-90-06.
ROLL CALL:
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
MOTION CARRIED 5-0.
ORDINANCE NO. 0-90-07 - Old Fire Station - U.S.
#1 - CLUP Amendment - .398 Acres
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING
CERTAIN PROPERTY IN THE EAST CENTRAL AREA OF THE
CITY, APPROXIMATELY .398 ACRES MORE OR LESS LOCATED
ON THE EAST SIDE OF THE RIGHT-OF-WAY OF US HIGHWAY 1,
ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN
STREET ,AND SOUTH OF FIRST STREET, FROM CL
(COMMERCIAL LIMITED) ZONING DISTRICT TO CG
(COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/8/90,
Advertised 8/29/90 Legal Notices, PH 9/12/90)
The City Attorney read Ordinance No. 0-90-07 by title
only.
Mayor Conyers opened the public hearing at 7:51 p.m.,
however, being no input he closed the public hearing.
MOTION by McCollum/Oberbeck
I move we adopt Ordinance No. 0-90-07.
5
Regular City Council Meeting
September 12, 1990
Page Six
90.152
ROLL CALL:
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
MOTION CARRIED 5-0.
E. ORDINANCE NO. 0-90-08 - Rezoning CL-512 to C-512
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA PERTAINING TO COMMERCIAL ZONING
DISTRICTS; AMENDING SECTION 2OA-3.8A OF THE LAND
DEVELOPMENT CODE TO REPLACE THE EXISTING CL-512
ZONING DISTRICT WITH THE C-512 ZONING DISTRICT;
REPLACING ALL REFERENCES TO THE CL-512 ZONING
DISTRICT IN THE LAND DEVELOPMENT CODE TO THE C-512
ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
7/25/90, Advertised 1/4 Page 8/29/90, PH 9/12/90)
The City Attorney read Ordinance No. 0-90-08 by title
only.
(Vice Mayor Oberbeck was excused from 7:52 p.m. to
7:53)
Mayor Conyers opened the public hearing at 7:53 p.m.
Ernest Pancsofar, 458 Georgia Boulevard and Alfred
Vilardi, 445 Georgia Boulevard, both of Sebastian,
stated objections to the ordinance. Mr. Vilardi
submitted backup to Council which included a petition
requesting Council to reconsider the ordinance,
photos of the alley behind the subject property as
well as other items.
Councilman Powell said, for the record, that his
wife owns a business on CR 512. Attorney Torpy said
Councilman Powell should file a conflict of interest
form with the City Clerk. (See Form 8B attached)
Councilman Powell was excused from 8:27 p.m. to 8:28
p.m.
Regular City Council Meeting
September 12, 1990
Page Seven
Mayor Conyers called recess at 8:35 p.m. and
reconvened the meeting at 8:44 p.m. Ail Council
members were present.
John Revello, 429 Georgia Boulevard, Sebastian
requested Council to consider the ordinance fairly
for all involved.
Joe Berlin, 514 Bay Drive, Kevin Crowe, 1234
Clearmont Street, and Damian Gilliams, 516 Gerald
Street, all of Sebastian, expressed support for the
ordinance.
Mayor Conyers closed the public hearing at 8:55 p.m.
The Director of Community Development requested the
addition of nursing homes under conditional uses.
MOTION by Oberbeck/McCollum
I move we adopt Ordinance No. 0-90-08 rezoning CL
512 to C 512 adding nursing homes as a conditional
use.
ROLL CALL:
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
MOTION CARRIED 5-0.
PUBLIC INPUT
A. Non-Agenda Items
None.
B. Agenda Items
Tom Wojokowski, 425 Peterson Street, Sebastian
invited Council and staff to a Golf Course tournament
on September 19, 1990.
Kathy Gardner, 192 Delaware Avenue, Sebastian
requested permission to start a Sebastian Garden
Club to beautify the city. She was advised to
contact the City Manager.
7
Regular City Council Meeting
September 12, 1990
Page Eight
90.204
90.205
90.206
90.207
90.208
90.209
9. CONSENT AGENDA
Approval of Minutes - 8/22/90 Regular Meeting,
9/5/90 Workshop
Approve Sebastian Panthers Request for Fee Waiver
for Field Use and Lighting at Barber Street
Sports Complex - Panther Super Bowl - 11/17/90 -
10 a.m. - 9 p.m. (City Manager Recommendation
dated 8/29/90, Memo from P & R dated 8/29/90)
Golf Course - Waive Bid Procedure for PurchaSe of
15 Tons 16-4-8 Fertilizer - Kaiser/Estech, Ft.
Pierce - $8,955 (Staff Recommendation dated
9/4/90, Memo from GC Superintendent dated 9/4/90,
ParEx Info)
Sebastian River Area Art Club - Request for Use
of Riverview Park (Staff Recommendation dated
9/5/90, Letter from Dougherty dated 8/18/90)
Craft Club of Sebastian - Request for Use of
Riverview Park (Staff Recommendation dated
8/16/90, Letter from Wise dated 8/27/90)
RESOLUTION NO. R-90-36 - Administrative Fee -
Noxious Vegetation (Staff Recommendation dated
9/6/90)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, IMPOSING AN ADMINISTRATIVE
FEE OF FIFTY ($50.00) TO ABATE A NUISANCE OF
OVERGROWN OR NOXIOUS VEGETATION; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mid-Florida Schutzhund Club Assignment of Lease
to Indian River Schutzhund Club (City Manager
Recommendation dated 9/6/90, Letter from IR
Schutzhund Club dated 9/4/90, Letter from Mid-FL
Schutzhund Club dated 8/28/90, Current Lease)
Vice Mayor Oberbeck noted that approval for use of
Riverview Park is non-exclusive.
The City Manager read Resolution No. R-90-36 by 'title
only.
8
Regular City Council Meeting
September 12, 1990
Page Nine
88.193
90.133
MOTION by McCollum/Powell
I move we approve the consent agenda.
ROLL CALL:
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
MOTION CARRIED 5-0.
In response to Vice Mayor Oberbeck, the City Manager
said the club will have to meet all requirements of
the current lease and that the FAA will be contacted
for any objections.
10. PRESENTATIONS
Police Station Schematic Design - Architects
Design Group, Inc. (City Manager Recommendation
dated 9/6/90, Schematic Under Separate Cover}
Keith Reeves, Architects Design Group, presented
schematics for the proposed police facility and
Council members gave their input.
Vice Mayor Oberbeck presented schematics he had
designed subsequent to review of schematics presented
by Architects Design Group.
Councilman Rondeau was excused from 9:29 p.m. to 9:30
p.m.
Following a brief discussion and input from Chief
Petty, Council agreed on a design of 7400 square
feet in the amount of $642,000 which includes use of
better quality materials, $3000 for signage and
$10,000 for landscaping.
The City Manager stated that dollars discussed
tonight don't include improvements to Cross Street,
pre-site improvements or possible water and sewer
costs. He reported there is currently $631,000 in
the proposed budget for the police facility.
9
Regular City Council Meeting
September 12, 1990
Page Ten
90.210
90.211
MOTION by Oberbeck/Rondeau
I move we go ahead and approve that the architect
continue in the design stage beyond the schematic
stage and we work toward a building of 7400 square
foot and keeping the cost in the area of $642,000
that including side identification signage and
landscaping improvements.
ROLL CALL:
Councilman MCCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
MOTION CARRIED 5-0.
The City Manager said a thirty day notice of vacation
had been received from Indian River County regarding
the existing ambulance squad building and that the
building may be able to be utilized in some way for
the police facility.
11. COMMITTEE REPORTS/RECOMMENDATIONS
A. CODE ENFORCEMENT BOARD
Presentation of Case No. 90-3915 - Bob's
Garage (No Action Required)
The Director of Community Development stated that
this is for Council's information only and that the
case has been satisfied.
PLANNING & ZONING COMMISSION
Proposed Ordinance to Require Mandatory
Numbering of Improved Properties (Staff
Recommendation dated 8/2?/90, Memo from DCD
dated 7/26/90~ Memo from P & Z dated 8/16/90)
MOTION by McCollum/Oberbeck
I move we instruct the City Attorney to draw up
an ordinance for the mandatory numbering of improved
property.
10
Regular City Council Meeting
SeDtember 12, 1990
Page Eleven
90.212
90.170
ROLL CALL:
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
MOTION CARRIED 5-0.
C. CONSTRUCTION BOARD
Review Proposed Ordinance Amendments
Concerning Contractors' Licensing (Staff
Recommendation dated 8/28/90, 2 Memos from
Construction Board dated 8/28/90~ Letter from
Sluggett dated 5/30/90)
Vice Mayor Oberbeck was excused from 9:52 p.m. to
9:54 p.m.
MOTION by McCollum/Powell
I move we direct the City Attorney to draft an
ordinance.
ROLL CALL:
Vice Mayor Oberbeck - absent (excused)
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
MOTION CARRIED 4-0.
12. OLD BUSINESS
Az
Golf Course Parking 'Lot Improvements - Mosby &
Associates Proposal_- Professional Engineering
Services (City Manager Recommendation dated
9/6/90, Mosby Proposal)
MOTION by Rondeau/Powell
I move we do the improvements and go with Mosby
and Associates.
ROLL CALL:
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
MOTION CARRIED 5-0.
11
Regular City Council Meeting
September 12, 1990
Page Twelve
B. Alcoholic Beverages - Hours of Sales
Vice Mayor Oberbeck said he had conferred with many
people in the community regarding changing hours of
sales on Sunday and would now consider conforming
with County hours. This item had been scheduled for
the October 3, 1990 workshop for public input and
remained thus.
13. NEW BUSINESS
89.017
RESOLUTION NO. R-90-32 - Mutual Aid Agreement -
City of Sebastian & Sheriff's Department
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A MUTUAL AID
AND VOLUNTARY COOPERATION AGREEMENT; RATIFYING THE
AGREEMENT AS SIGNED BY THE CHIEF OF POLICE FOR THE
CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-90-32 by
title only.
MOTION by Oberbeck/Powell
I move we adopt Resolution No. R-90-32 the mutual
aid agreement with Indian River County Sheriff's
Department.
ROLL CALL:
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
MOTION CARRIED 5-0.
90.213
RESOLUTION. NO. R-90-33 - Communication Services
Agreement - City of Sebastian & Sheriff's
Department
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A
COMMUNICATIONS SERVICES AGREEMENT; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
12
Regular City Council Meeting
September 12, 1990
Page Thirteen
90.214
14.
The City Attorney read Resolution No. R-90-33 by
title only.
MOTION by Oberbeck/Powell
I move we adopt Resolution No. R-90-33.
ROLL CALL:
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
MOTION CARRIED 5-0.
Appoint Earl Petty, Jr. - Sebastian Police
Officer's Retirement Fund - Board of Trustees
(City Manager Recommendation dated 8/23/90,
Letter from Finance Director dated 8/9/90)
MOTION by Oberbeck/Powell
I move we appoint Chief Earl Petty, Jr. as the
fifth member of the Board of Trustees of the
Sebastian Police Officers' Retirement Fund as per the
recommended action.
ROLL CALL:
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
MOTION CARRIED 5-0.
MAYOR'S MATTERS
At the request of Mayor Conyers for official Council
endorsement of the "Pelican Days" benefit, motion was
made as follows.
MOTION by Oberbeck/Powell
I move we give them our blessing.
VOICE VOTE on the motion carried 5-0.
15. COUNCIL MATTERS
A. Vice Mayor Oberbeck
None.
13
Regular City Council Meeting
September 12, 1990
Page Fourteen
16.
B. Councilman McCollum
Councilman McCollum announced that there was no
Indian River County Transportation Planning Committee
meeting this month, submitted information from the
Clean Florida Committee to the City Manager, urged
Council to reinstate the position of Assistant City
Manager and increase the cart man position to full
time.
MOTION by Rondeau/McCollum
I move we recall the Assistant City Manager and
rehire her, restore the position of Assistant City
Manager and put it back in the budget, the money is
there and we have not proven that we cannot afford
her.
Councilman McCollum requested justification for not
funding the position.
ROLL CALL:
Vice Mayor Oberbeck - nay
Councilman Powell - nay
Councilman Rondeau - aye
Mayor Conyers - nay
Councilman McCollum - aye
MOTION FAILED 2-3 (Oberbeck, Powell, Conyers - nay)
Councilman McCollum said he would present at the
September 26, 1990 regular meeting, FAA Part 91
requirements.
C. Councilman Powell
None.
D. Councilman Rondeau
Councilman Rondeau said a bad mistake was made in
abolishing the position of Assistant City Manager.
CITY ATTORNEY MATTERS
None.
14
Regular City Council Meeting
September 12, 1990
Page Fifteen
17. CITY MANAGER MATTERS
18.
The City Manager requested approval for JoAnne
Townsend's attendance at the ICMA annual conference
and said she has indicated she will help out on her
own time to assist on certain items subsequent to her
termination.
MOTION by Rondeau/McCollum
I move that she be allowed to attend the
convention.
ROLL CALL:
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
MOTION CARRIED 5-0.
MOTION by Rondeau/McCollum
I move we give her one month severance pay.
ROLL CALL:
Councilman Powell - nay
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - nay
MOTION CARRIED 3-2 (Powell, Oberbeck - nay)
Being no further business, Mayor Conyers adjourned
the meeting at 10:21 p.m.
Approved at th~~ ~ ~
'Halloran, City Clerk
199~~~5 Council Meeting.
W.~. ConTo/~aTor
15
~ ~(,.)RM ~U MI:MLIRAflUUM Ur VUIlfl~ ~Vl~rklvl ~
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
NAME OF BOARD. COUNCIL, COMMISSION, ALITNORITY, OR COMMITTEE
LAS1' NAME--FIRS'i' NAME~MIDDLI- NAML
MAILING ADDRESS
PO BOX 780580
CITY
SEBASTIAN, FL INDIAN
--L)A1E ON ~IIiC'H V{)I'[: OC('LJRRI.iD
SEPTEMBER 12, 1990
RIVER
SEBASTIAN CITY COU~TCIL
1tIE BOARD. COUNCIL, L'OMMISSIL)N, ~U-rH¢JRI'[Y, OR CoMMITI~:L
WHICH I SERVE IS A UNIT OF:
:~ CITY L-J COUNTY C~ OTHE~_OCAL AGENCY
NAML OI I'OLIIIC'AL SUIIDIVISlON:J
CITY OF SEBASTIAN{
MI' I'C)c,I] lC)h; IS:
]43 ELEC'TIVE I-I
AI'PC)INTIV£
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, cily, or other local level of government on an appointed or elected board,
council, commission, authority, or committee, it applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflicl of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under tile law when faced with a measure in wlfich you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on Ibis form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1t2.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
1F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
You should complete and file this form (before making any attempt to influence the decision) with the per~m responsible fo~
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest