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HomeMy WebLinkAbout10121994 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 12, 1994 - 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 TIlE CITY CLERK, CITY HALL, 1225 MAiN STREET, SEBASTIAN, FLORIDA. Individuals shah 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-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 94.240 Proclamation - Forget-Me-Not Days - October 25 - 27, 1994 - Requested by Disabled American Veterans - Gene Evans Chapter 34 - John (Jake) A. Gehrig Accepting 94.241 Proclamation - Pepper Buster Day - October 22, 1994 - Requested by Friends of the St. Sebastian River - Scott Taylor or George Schum Accepting 94.242 94.224 94.243 7. PRELIMINARY MATTERS RESOLUTION NO. R-94-58 - Quasi-Judicial Hearing Procedures (City Attorney Transmittal dated 10/6/94, R-94-58) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO QUASi-JUDICIAL HEARINGS; ESTABLISHING A PROCEDURE FOR QUASI-JUDICIAL HEARINGS; SETTING OUT RULES; DESIGNATING THE CONTENTS OF THE RECORD; ESTABLISHING PROCEDURES FOR EVIDENTIARY RULINGS; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 8. PUBLIC HEARING Follow procedures for quasi-judicial hearing Captain Hiram's West - Special Use Permit - Miniature Golf Course (Director of Community Development Transmittal dated 10/6/94, Application, Proposed Site Layout) 9. INTRODUCTION 0F NEW BUSINESS BY THE PUBLIC Presentation of Items Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker 10. 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 - 9/28/94 Regular Meeting RESOLUTION NO. R-94-55 - Vacation of Easement (City Clerk Transmittal dated 10/4/94, Application, Survey, PW and Utilities' Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTHWEST FIVE FEET OF THE SOUTHEAST TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT 37, BLOCK 293, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-56, 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. 94.244 94.132 94.198 94.245 94.246 94.247 11. 12. RESOLUTION NO. R-94-57 - Vacation of Easement (City Clerk Transmittal dated 10/4/94, Application, Survey, PW and Utilities' Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTHEAST FOUR FEET OF THE NORTHWEST TWENTY FEET PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT 9, BLOCK 264, SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37B, 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. Police Dept. HVAC Remediation & Quality Assurance /Quality Control Program - Reject All Bids for Staff Review, Amendment and Rebid (Director of Community Development Transmittal dated 10/4/94, Bid Tabulation, Bid Specs) Bid Award - Community Center Air Conditioner - Palm Aire and Electric - $3,318.00 (Engineering /Public Works Transmittal dated 9/16/94, Bid Tabulation Form, PW Memo dated 9/30/94, Specs) Bid Award - Contract Approval - Payroll Services Low Bid - Paychex, Inc. - $2,806.00 (city Manager Transmittal dated 10/6/94, Bid Review Committee Memo, Proposed Contract) North Indian River County Republican Club - Request Use of Riverview Park - Political Rally - 10/21/94 - 1:30 p.m. to 4:00 p.m. - Standard Conditions (Director of Community Development Transmittal dated 10/4/94, Fischer Letters dated 9/30/94 and 10/6/94) American Cancer Society - Use of Riverview Park - Making Strides Move Along-A-Thon - Close Indian River Drive - 11/5/94 (Director of Community Development Transmittal dated 10/3/94, Tobin Letter dated 8/30/94, PW Memo dated 9/13/94, PD Memo dated 9/26/94) PRESENTATIONS - None COMMITTEE REPORTS~RECOMMENDATIONS 13. OLD BUSINESS 94.237 94.229 94.239 RESOLUTION NO. R-94-54 - Golf Cart Maintenance Contract Award ~ Custom Carriages, Inc. - $10,320 - Revised (City Manager Transmittal dated 9/22/94, R-94-54, Revised Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN AGREEMENT WITH CUSTOM CARRIAGES, INC., FOR THE PURPOSE OF PROVIDING CART MAINTENANCE SERVICES FOR THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-94-51 - Advisory Board Procedures (City Clerk Transmittal dated 10/6/94, R-94-51) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; ESTABLISHING UNIFORM PROCEDURES FOR APPOINTMENT; PROVIDING FOR LENGTH OF TERM; ESTABLISHING A RESIDENCY REQUIREMENT; PROVIDING FOR ALTERNATIVE MEMBERS; ESTABLISHING DUTIES OF THE CiTY CLERK; PROVIDING FOR UNIFORM APPLICATION; PROVIDING FOR RESIGNATION AND REAPPOINTMENT; ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CITY CLERK; ESTABLISHING APPLICANT INTERVIEW PROCEDURES; REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING GROUNDS FOR REMOVAL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-94-50 - Community Center, Yacht Club and Council Chambers (City Clerk Transmittal dated 10/6/94, R-94-50) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR THE USE OF SUCH FACILITIES; PROVIDING FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATING ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 14. NEW BUSINESS 94.248 94.249 94.105 Airport Rezoning - COnsistency with Airport Master Plan (Director of Community Development Transmittal dated 10/3/94, P & Z Memo dated 8/23/94, Map, Sec. 7-4 Airport Master Plan) Schedule Board of Adjustment Hearing for Variance Request (Director of Community Development Transmittal dated 9/29/94) ORDINANCE NO. O-94-11 - Amending GMC and MCR Zoning District Uses (Director of Community Development Transmittal dated 10/6/94, O-94-11) 1st Reading, Set Public Hearing 11/16/94 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A- 6.1 C. 17. a. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE TO INCLUDE BAIT AND TACKLE SHOPS AS A CONDITIONAL USE IN THE MARINE COMMERCIAL AND RESIDENTIAL DISTRICT; AMENDING CHAPTER 20A, SECTION 20A-3.11 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE TO PERMIT PARKING LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS A CONDITIONAL USE IN THE GENERAL MARINE COMMERCIAL DISTRICT; AND AMENDING CHAPTER 20A, SECTION 20A-3.12 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE TO PERMIT PARKING LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS A CONDITIONAL USE IN THE MARINE COMMERCIAL AND RESIDENTIAL DISTRICT; AMENDING CHAPTER 20A, SECTION 20A-6.1 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE TO ADD AN ADDITIONAL SUBSECTION (33) TO PERMIT PARKING LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS A CONDITIONAL USE IN THE MARINE COMMERCIAL AND RESIDENTIAL DISTRICT AND IN THE GENERAL MARINE COMMERCIAL DISTRICT OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 5 94.223 94.250 ORDINANCE NO. O-94-12 - Amending Building Height in GMC Zoning (Director of Community Development Transmittal dated 10/6/94, O-94-12) 1st Reading, Set Public Hearing 11/16/94 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A- 3.12 OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, CHANGING THE MAXIMUM BUILDING HEIGHT IN THE GENERAL MARINE COMMERCIAL DISTRICT TO PERMIT A MAXIMUM BUILDING HEIGHT OF 35 FEET ON THE WEST SIDE OF INDIAN RIVER DRIVE AND RETAINING A MAXIMUM BUILDING HEIGHT OF 25 FEET ON THE EAST SIDE OF INDIAN RIVER DRIVE WITHIN THE GENERAL MARINE COMMERCIAL DISTRICT; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 15. CITY COUNCIL MATTERS A. Mr. Frank Oberbeck B. Mayor Arthur Firtion Vice-Mayor Carolyn Corum 1. RESOLUTION NO: R-94-56 - Florida City Government Week (City Clerk Transmittal dated 10/3/94, R-94-56) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 23-29, 1994, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. D. Mrs. Norma Damp E. Mr. Robert Freeland 16. CITY ATTORNEY M~TTERS 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.) 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. ....... ~ ....... ~,.:. .................................................................. MEMORY STORAGE REPORT ........................ (OCT 24 ' 94 CItY OF SEBASTIAN FILE FILE TYPE OPTION TEL NO. PAGE 006 MEMORY TX 13057651477 07 lO:lOAM) .................. (AUTO) ..................... REMAIMIMG CALL CAPACITY 299 ,,, . ~,~y o~ebastian 1225 MAIN STRE~ o SEBASTIAN, FLORIDA 32958 TELEPHONE (~ 589-S330 a F~ (~ ~9~570 AGENDA SEBASTIAN CiTY COUNCIL REGULAR MEE~G WEDNESDAY, OCTOBER 12, 1994 - 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 STR~I*-T, SEBASTIAN, FLORIDA, Individuals shall address the City Council with resp_ect to agenda items immediately 94.224 PUBLIC HEARING SiGN-UP SHEET Captain Hiram's West Special Use Permit Miniature Golf Course NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET OCTOBER 12, 1994 REGULAR MEETING Use this form ONLY for input on items on the prepared agenda EXCEPT for public hearings which have their own signup sheets. Speakers will address City Council immediately prior to the deliberation of the item by the City council (R-93-19) suBJEcT :- ? ¢ --3--~ NAME : ADDRESS : ITEM NO : SUBJECT : NAME : ADDRESS : ITEM NO : SUBJECT : INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGNUP SHEET ?~ 1994 REGULAR CITY COUNCIL MEETING (Use this form ONLY prepared agenda. ADDRESS: 9~ / for presentation of NEW matters NO~ on the SUBJECT: / .~..~,~ ~ SUBJECT: (9 ~ .... NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CiTY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 12, 1994 - 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. 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-93-19) Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. No invocation was given. 4. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Absent: Mr. Frank Oberbeck (excused) Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Clifton A. McClelland, Director of Community Development, Bruce Cooper Finance Director, Marilyn Swichkow Deputy City Clerk, Sally Maio Jr. Regular city Council Meeting October 12, 1994 Page 94.240 94.241 94.242 5. AGENDA MODIFICATIONS (ADDITIONS AND~OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). None. 6. PROCLAMATIONS AND]OR ANNOUNCEMENTS Proclamation ~ Forget-Me-Not Davs- October 25 - 27, 1994 - Requested by Disabled American Veterans - Gene Evans Chapter 34 - John (Jake) A__. Gehriq Accepting Mayor Firtion read the proclamation and requested it be sent to Jake Gehrig. Proclamation_- Pepper Buster Dav- October ~ 1994 - Requested b__y Friends of the St. Sebastian River - Scott Taylor o__r George Schum Accepting Mayor Firtion read and presented the proclamation to George Schum. Mr. Schum addressed the audience, commending Friends of the Sebastian River, Boy Scouts and Cub Scouts. Vice Mayor Corum said she will report on her attendance at the Pepper Busting workshop at the next meeting. 7. PRELIMINARY MATTERS RESOLUTION NO,. R-94-58 - Quasi-Judicial Hearing Procedures (City Attorney Transmittal dated 10/6/94, R-94-58) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO QUASI-JUDICIAL HEARINGS; ESTABLISHING A PROCEDURE FOR QUASI-JUDICiAL HEARINGS; SETTING OUT RULES; DESIGNATING THE CONTENTS OF THE RECORD; ESTABLISHING PROCEDURES FOR EVIDENTIARY RULINGS; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-94-58 by title only and recommended adoption of the procedures. Regular City Council Meeting October 12, 1994 Page Three Mr. Freeland suggested certain revisions. The City Attorney concurred that the City Clerk could time presentations and explained that the Mayor presides at Council meetings, therefore, he would rule on objections as to the admissibility of evidence, however, Council members could disagree. Vice Mayor Corum inquired whether the names of the persons whom a presenter is representing can be obtained and the City Attorney said they could. MOTION by Corum/Damp I make a motion for Council to adopt Resolution No. R-94-58 as stated. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - absent Mayor Firtion - aye MOTION CARRIED 4-0 (Oberbeck absent) 8. PUBLIC HEARING Follow procedures for quasi-judicial hearing 94.224 Captain Hiram's West - Special Use Permit - Miniature Golf Course (DirectOr of Community Development Transmittal dated 10/6/94, Application, Proposed Site Layout) Mayor Firtion opened the quasi-judicial hearing at 7:20 p.m. The city Attorney outlined the procedures for quasi- judicial hearings as established by City Council by its adoption of Resolution No. R-94-58. The city Clerk swore in all witnesses proposing to testify. Bruce Cooper, Director of Community Development and Building official, City of Sebastian, gave a brief staff presentation on the requested special use permit, read required findings of facts in Section 20A-2.6, stated that Planning and Zoning conducted a hearing on August 11, 1994, in accordance with the Regular city Council Meeting October 12, 1994 Page Four Land Development Code and found the use not detrimental to the public safety, health and welfare or be injurious to other properties or improvements within the immediate vicinity and that the proposed use would be consistent with permitted uses in GMC zoning, and he listed permitted and conditional uses in the General Marine Commercial zoning district. He advised that the use will require site plan approval under Article X of the Land Development Code, and stated that the concept and use are acceptable to staff. Thomas Collins, 2200 Sanderling Lane, Vero Beach, representing Captain Hiram's, addressed city council on the proposed special use permit. City Council inquiries followed. Mr. Collins assured city Council that the facility will be open to the public. A1 Vilardi, 445 Georgia Boulevard, Sebastian, objected to the manner in which the issue of parking was presented to Planning and Zoning. The Director of Community Development noted that there were two additional items on that Planning and Zoning agenda, one of which dealt with shared parking, and reiterated that staff finds nothing inconsistent with the provisions of the Land Development Code. Thomas Collins addressed City Council relative to parking, which he stated, will be addressed in the site plan once the use is accepted. Mayor Firtion adjourned the public hearing at 7:43 p.m. city Council and staff discussion relative to compatibility with other GMC uses followed. TAPE I - SIDE II (7:47 p.m.) MOTION by Freeland/Damp I would move that we grant this special use permit because I see no safety, health, welfare issues and I believe its compatible with what we're trying to do there. Regular City Council Meeting October 12, 1994 Page Five ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. oberbeck - absent Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 4-0 (Oberbeck absent) The City Clerk stated that the special use permit must be adopted by resolution and will be brought back for final adoption. Mayor Firtion called recess at 7:50 p.m. and reconvened the meeting at 7:56 p.m. Ail members present at roll call were present after the break. 9. INTRODUCTION OF NEW BUSINESS BY THE PUBLIC Presentation of Items Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker Keith Miller, Sebastian, spoke on Skydive Sebastian hangar construction. Sal Neglia, 461 Georgia Boulevard, Sebastian, discussed a meeting he had with Mayor Firtion, objected to denial of use of City Council Chambers by the property owners and requested a public apology from the Mayor. Rich Taracka, Coverbrook Lane, objected to comments made in the press by Mayor Firtion. Walter Barnes, 402 Azine Terrace, Sebastian, objected to fees for use of city facilities by non- profit organizations, and encouraged formation of a master plan for the Riverfront. Wally Kramer, Micco, discussed the Pepper Bashing seminar and the need for ongoing interest in the issue, and said there is a public meeting on the Riverfront at the North County Library October 18th. Thomas Wojciekowski, Sebastian, discussed property owners, Walmart, ISS Golf Course maintenance, the need for cart paths and inquired when the golf course "bridge" will be removed. Regular City Council Meeting October 12, 1994 Page Six A1 Vilardi, 445 Georgia Boulevard, Sebastian, requested that all members of the public be treated equally, discussed the Sembler platform and asked that the fishhouse north of city limits be completed. 10. 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. A. Approval of Minutes - 9/28/94 Regular Meeting 94.243 RESOLUTION NO. R-94-55 - Vacation of Easement (City Clerk Transmittal dated 10/4/94, Application, Survey, PW and Utilities' Letters of No objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTHWEST FIVE FEET OF THE SOUTHEAST TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT 37, BLOCK 293, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-56, 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. 94.244 RESOLUTION NO. R-94-57 - Vacation of Easement (City Clerk Transmittal dated 10/4/94, Application, Survey, PW and Utilities' Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTHEAST FOUR FEET OF THE NORTHWEST TWENTY FEET PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT 9, BLOCK 264, SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37B, 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. Regular City Council Meeting October 12, 1994 Page Seven 94.132 D. 94.198 E. 94.245 F. 94.246 G. 94.247 H. Police Dept. HVAC Remediation & Quality Assurance /Quality Control Program - Reject All Bids for Staff Review, Amendment and Rebid (Director of Community Development Transmittal dated 10/4/94, Bid Tabulation, Bid Specs) Bid Award - Community Center Air Conditioner - Palm Aire and Electric - $3,318.00 (Engineering /Public Works Transmittal dated 9/16/94, Bid Tabulation Form, PW Memo dated 9/30/94, Specs) Bid Award - Contract Approval - Payroll Services Low Bid - Paychex, Inc. - $2,806.00 (City Manager Transmittal dated 10/6/94, Bid Review Committee Memo, Proposed Contract) North Indian River County Republican Club - Request Use of Riverview Park - Political Rally - 10/21/94 - 1:30 p.m, to 4:00 p.m. - Standard Conditions (Director of Community Development Transmittal dated 10/4/94, Fischer Letters dated 9/30/94 and 10/6/94) American Cancer Society - Use of Riverview Park - Making strides Move Along-A-Thon - Close Indian River Drive - 11/5/94 (Director of Community Development Transmittal dated 10/3/94, Tobin Letter dated 8/30/94, PW Memo dated 9/13/94, PD Memo dated 9/26/94) The city Manager read the consent agenda and the city Attorney read titles for R-94-55 and R-94-57. Mrs. Damp removed item D; Mr. Freeland removed items E and H. MOTION by Corum/Damp I make a motion for Council to adopt A, B, C, F, and G of the consent agenda. ROLL CALL: Mr. Oberbeck - absent Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-0 (Oberbeck absent) Regular City Council Meeting October 12, 1994 Page Eight 94.132 D. 94.198 94.247 Police D_gpt. HVAC Remediation ! Quality Assurance /Quality Control Proqram Mrs. Damp questioned the discrepancy of the engineer's preliminary $5,000 estimate versus the bid amounts. The Director of Community Development said that all avenues are being reviewed to reduce costs. MOTION by Damp/Corum I move to approve item D. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye' Mr. Oberbeck - absent MOTION CARRIED 4-0 (Oberbeck absent) E. Did Award - Community Center A/~ Mr. Freeland noted that this item had been postponed by request of Mr. Oberbeck and suggested that FPL credits be looked into. MOTION by Freeland/Damp I'd move to approve item E. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - absent Mayor Firtion - aye MOTION CARRIED 4-0 (oberbeck absent) American Cancer Society - Use of Riverview Park - Making Strides Move Along-A-Thon L Close Indian River Drive Mr. Freeland expressed concern for the $650 expense in overtime personnel costs to the city for the closing of streets and inquired whether there was an offer from the organization to pay the cost. The city Manager said there was none to his knowledge. City Council discussion followed. 8 Regular City Council Meeting October 12, 1994 Page Nine MOTION by Freeland/Corum I make a motion to deny this request. Vice Mayor Corum noted that, in the past, the City has not been consistent in its policies and suggested that a resolution be drafted. TAPE II - SIDE I (8:40 p.m.) The City Manager suggested that discussion of this matter be placed on a workshop agenda. The City Attorney advised city Council, if it wishes to establish a policy, must consider the public purpose served by the activities and that there be no discrimination between organizations unless there is a rational basis for distinction. ROLL CALL: Mrs. Damp - nay Mr. Freeland - aye Mr. Oberbeck - absent Mayor Firtion - nay Mrs. Corum - aye MOTION TIED 2-2 - NO VOTE. 11. PRESENTATIONS None. 12. COMMITTEE REPORTS/RECOMMENDATIONS None. 13. OLD BUSINESS 94.237 RESOLUTION NO. R-94-54 - Golf Cart Maintenance Contract Award - Custom Carriages, Inc. - $10,320 - Revised (City Manager Transmittal dated 9/22/94, R-94-54, Revised Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN AGREEMENT WITH CUSTOM CARRIAGES, INC., FOR THE PURPOSE OF PROVIDING CART MAINTENANCE SERVICES FOR THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting October 12, 1994 Page Ten 94.229 The City Attorney read Resolution No. R-94-54 by title only. Mr. Freeland excused from 8:45 p.m. to 8:47 p.m. MOTION by Corum/Damp I make a motion to accept Resolution No. R-94-54, the golf cart maintenance contract award to Custom Carriages, Inc. for $10,320. The city Attorney noted that revisions included language that provides for the City's option to purchase parts. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - absent Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 4-0 (Oberbeck absent) RESOLUTION NO. R-94-51 - Advisory Board Procedures (City Clerk Transmittal dated 10/6/94, R-94-51) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; ESTABLISHING UNIFORM PROCEDURES FOR APPOINTMENT; PROVIDING FOR LENGTH OF TERM; ESTABLISHING A RESIDENCY REQUIREMENT; PROVIDING FOR ALTERNATIVE MEMBERS; ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING FOR UNIFORM APPLICATION; PROVIDING FOR RESIGNATION AND REAPPOINTMENT; ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CITY CLERK; ESTABLISHING APPLICANT INTERVIEW PROCEDURES; REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING GROUNDS FOR REMOVAL; 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-94-51 by title only. 10 Regular City Council Meeting October 12, 1994 Page Eleven 94.239 Mr. Freeland inquired about alternate members for Code Enforcement. MOTION by Corum/Freeland I move Council adoPts Resolution No. R-94-51. Mrs. Damp disagreed with provisions of Section 10 regarding appointment procedures. ROLL CALL: Mr. Oberbeck - absent Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland - aye MOTION CARRIED 3-1 (Oberbeck absent, Damp nay) RESOLUTION NO. R-94-50 - Community Center, Yacht Club and Council Chambers (City Clerk Transmittal dated 10/6/94, R-94-50) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR THE USE OF SUCH FACILITIES; PROVIDING FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATING ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-94-50 by title only. Harry Thomas, 654 Balboa Street, Sebastian, requested Council to reserve action in light of an existing contract between the property owners, City and State of Florida and suggested fees be re-examined. He submitted the document to the City Attorney. MOTION by Corum/Freeland I make a motion Council adopts Resolution No. R-94-50. A1 Vilardi, 445 Georgia Boulevard, Sebastian, objected to denial of use of the Council Chambers by taxpayers. 11 Regular City Council Meeting October 12, 1994 Page Twelve city Council discussion followed. The City Attorney said the only change he has made to the current facilities' resolution is the addition of Section 8 regarding the Council Chambers. MOTION and SECOND were withdrawn. The City Attorney said he would like to review all city documents relative to the Yacht Club/property owners issue. MOTION to Corum/Freeland I make a motion for Council to postpone Resolution No. R-94-50 until October 26, 1994 Regular Council Meeting. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - absent MOTION CARRIED 4-0 (Oberbeck absent) 14. NEW BUSINESS 94.248 Airport Rezoning - Consistency with Airport Master Plan (Director of Community Development Transmittal dated 10/3/94, P & Z Memo dated 8/23/94, Map, Sec. 7-4 Airport Master Plan) Keith Miller, Sebastian, objected to the placement of a Skydive sign on city property, and inquired when a City Engineer will be hired. The Director of Community Development said the sign is on county right-of-way. MOTION by Freeland/Damp Move to direct the City Attorney to draft the ordinance and the set the first reading on October 26, 1994 and public hearing on December 7, 1994. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - absent Mayor Firtion - aye MOTION CARRIED 4-0 (Oberbeck absent) 12 Regular City Council Meeting October 12, 1994 Page Thirteen 94.249 B. Schedule Board of Adjustment Hearing for Variance Request (Director of Community Development Transmittal dated 9/29/94) The City Clerk suggested November 9, 1994 at 6:30 p.m. MOTION by Corum/Damp I make a motion for Council to schedule this quasi-judicial matter by Perry Edelman for November 9th at 6:30 p.m. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 94.105 ORDINANCE NO. O-94-11 - Amending GMC and MCR Zoning District Uses (Director of Community Development Transmittal dated 10/6/94, O-94-11) 1st Reading, Set Public Hearing 11/16/94 AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDiAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A- 6.1 C. 17. a. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE TO INCLUDE BAIT AND TACKLE SHOPS AS A CONDITIONAL USE IN THE MARINE COMMERCIAL AND RESIDENTIAL DISTRICT; AMENDING CHAPTER 20A, SECTION 20A-3.11 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE TO PERMIT PARKING LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS A CONDITIONAL USE IN THE GENERAL MARINE COMMERCIAL DISTRICT; AND AMENDING CHAPTER 20A, SECTION 20A-3.12 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE TO PERMIT PARKING LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS A CONDITIONAL USE IN THE MARINE COMMERCIAL AND RESIDENTIAL DISTRICT; AMENDING CHAPTER 20A, SECTION 20A-6.1 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE TO ADD AN ADDITIONAL SUBSECTION (33) TO PERMIT PARKING LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS A CONDITIONAL USE IN THE MARINE COMMERCIAL AND RESIDENTIAL DISTRICT AND IN THE GENERAL MARINE COMMERCIAL DISTRICT OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 13 Regular City Council Meeting October 12, 1994 Page Fourteen The City Attorney read Ordinance No. O-94-11 by title only. MOTION by Damp/Freeland I move to approve the first reading of Ordinance No. O-94-11 and set the public hearing for November 16, 1994. TAPE ii - SIDE II (9:27 p.m.) Mrs. Damp requested legislative style for future ordinances. Mrs. Corum expressed concern for allowance of parking lots on the east side of Indian River Drive as conditional uses in MCR and GMC zoning. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - absent Mayor Firtion - aye Mrs. Corum - nay Mrs. Damp - aye MOTION CARRIED 3-1 (Oberbeck absent, Corum nay) 94.223 Dt ORDINANCE NO. O-94-12 - Amending Building Height in GMC Zoning (Director of Community Development Transmittal dated 10/6/94, O-94-12) 1st Reading, Set Public Hearing 11/16/94 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A- 3.12 OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, CHANGING THE MAXIMUM BUILDING HEIGHT IN THE GENERAL MARINE COMMERCIAL DISTRICT TO PERMIT A MAXIMUM BUILDING HEIGHT OF 35 FEET ON THE WEST SIDE OF INDIAN RIVER DRIVE AND RETAINING A MAXIMUM BUILDING HEIGHT OF 25 FEET ON THE EAST SIDE OF INDIAN RIVER DRIVE WITHIN THE GENERAL MARINE COMMERCIAL DISTRICT; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 14 Regular city Council Meeting October 12, 1994 Page Fifteen 94.250 15. The city Attorney read Ordinance No. O-94-12 by title only. MOTION by Freeland/Damp I move to approve the first reading of Ordinance No. O-94-12 and set the public hearing for November 16, 1994. ROLL CALL: Mr. Oberbeck - absent Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-0 (oberbeck nay) CITY COUNCIL MATTERS A. Mr. Frank Oberbeck Absent. B. Mayor Arthur Firtion Mayor Firtion encouraged formation of a Riverfront Master Plan. Vice-Mayor Carolyn Corum 1. RESOLUTION NO: R-94-56 - Florida City Government Week (City Clerk Transmittal dated 10/3/94, R-94-56) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 23-29, 1994, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Corum expressed gratitude to City staff, named and commended all City board members and crime watch volunteers for the time they give to the City. She requested that the city Clerk distribute pins to all board members. 15 Regular City Council Meeting October 12, 1994 Page Sixteen 16. The City Attorney read the title and whereas clauses in Resolution No. R-94-56. MOTION by Corum/Damp I move for adoption of Resolution No. R-94-56. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - absent MOTION CARRIED 4-0 (Oberbeck absent) Vice Mayor Corum suggested organizations reserve dates for use of Riverview Park for each fiscal year and the city establish a nominal utility fee for frequent users. She suggested this be discussed at a workshop. D. Mrs. Norma Damp Mrs. Damp said she wished to respond to a letter to Mayor Firtion from Harold Martin; discussed the condition of the welcome signs; said Airport Drive west needs grading and possible repaving; reiterated her wish to purchase and present a plaque to former City Manager Robb McClary and requested City Council concurrence. City Council concurred. E. Mr. Robert Freeland Mr. Freeland noted that no fee waivers have been given to private parties at the Yacht Club or Community Center; discussed the welcome signs; inquired about the hurricane shutter on certain windows in City Hall and the window bid that was to be rebid, to which the Director of Community Development responded; expressed concern for the Mayor's behavior on certain issues. CITY ATTORNEY MATTERS The City Attorney said a copy of the final judgment on a lawsuit had been received and suggested it be discussed at the next City Council meeting. 16 Regular City Council Meeting October 12, 1994 Page Seventeen 17. 18. CITY MANAGER MATTERS The City Manager said Walmart has requested air balloons for their grand opening on October 19, 1994. City Council concurred. The city Manager inquired whether City Council had any special legislation requests. Mrs. Corum suggested designation of the Sebastian River as a wild and scenic river. The City Attorney said he could look into it and City Council concurred. Being no further business, Mayor Firtion adjourned the Regular Meeting at 10:00 p.m. ~_~ved at the Meeting. Kathr~n M. O Halloran, CMC/AAE City Clerk , 1994, City Council ~Firt ion, Mayor 17