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HomeMy WebLinkAbout11301988City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL SPECIAL & REGULAR MEETING WEDNESDAY, NOVEMBER 30, 1988 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS LISTED BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. THE SPECIAL SECTION OF THIS MEETING WILL BE FOR THE PURPOSE OF CONDUCTING PUBLIC HEARINGS ON COMPREHENSIVE LAND USE AMENDMENT ORDINANCES AND FIRST READINGS ON ANNEXATION AND REZONING ORDINANCES. Mayor Votapka called the special meeting to order at 7:05 p.m. 2. The City Manager led the Pledge of Allegiance. Invocation was given by Father Joseph LeSage, St. Sebastian Catholic Church. 4. ROLL CALL Present: Councilman George Metcalf Councilman Robert McCarthy Councilman Kenneth Roth Vice Mayor Peter Vallone Mayor Richard Votapka Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper Finance Director, Carol Carswell Chief of Police, Earl Petty City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Male 88.178 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Vice Mayor Vallone read a statement, resigning his position as Vice Mayor of the City of Sebastian for the balance of his term, effective November 30, 1988 at 10:30 p.m. MOTION by Roth/Metcalf I move we add acceptance of Vice Mayor Vallone's resignation from the position of Vice Mayor for the balance of his term to this agenda. VOICE VOTE on the motion carried 5-0. MOTION by Roth/Metcalf I move we accept Vice Mayor Vallone's resignation from the position of Vice Mayor of the City of Sebastian for the balance of his term effective November 30, 1988 at 10:30 p.m. ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye MOTION CARRIED 5-0. MOTION by Vallone/Roth I move we defer appointment of a Vice Mayor to the December 5, 1988 Special Meeting and cancel the scheduled December 1, 1988 Special Meeting. ROLL CALL: Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye MOTION CARRIED 5-0. COMPREHENSIVE LAND USE PLAN AMENDMENTS, REZONINGS, ANNEXATIONS A. VICKERS First Reading, Public Hearing, Transmit to DCA ORDINANCE NO. 0-88-30 - (Vickers Comprehensive Land Use Amendment) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY IL DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 35 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-30 for the first time by title only. Mayor Votapka opened the public hearing at 7:20 p.m. The Director of Community Development presented a location map of the previously annexed subject area and remarked that the applicant has concurred to provide an additional twenty foot right-of-way for Concord Avenue for a full sixty feet and a fifty foot buffer. Attorney Steven Lullch, representing the applicant, requested that the applicant not be denied an amendment to the comprehensive land use plan and rezoning due to moneys expended by the applicant since the time of annexation approval. He cited the cases of City of Hollywood vs. Hollywood Beach Hotel and City of Gainesville vs. Bishop. Victor Williams, 358 (inaudible), questioned possible truck traffic on Concord, buffer area, and permitted industrial use for IN zoning. Robert Fullerton stated that the owners of the adjacent mobile park, Whispering Palms, had no objections to the land use change and rezoning. Mayor Votapka closed the public hearing at 7:35 p.m. MOTION by Roth/McCarthy I move we accept Ordinance No. 0-88-30 on first reading and transmit it to the Department of Community Affairs. ROLL CALL: Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye MOTION CARRIED 5-0. 3 88.179 First Reading L ORDINANCE NO. O-88-31 - (Vickers Rezoning) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 35 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY; FROM COUNTY ZONING DISTRICTS MXD TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-31 for the first time by title only. MOTION by McCarthy/Metcalf I move we accept the first reading of Ordinance No. O-88-31. ROLL CALL: Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye MOTION CARRIED 5-0. B. HUMPHREY First Reading, Public Hearing, Transmit to DCA - ORDINANCE NO. 0-88-32 - (Humphrey Comprehensive Land Use Amendment) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM CL (LIMITED COMMERCIAL) TO CG (COMMERCIAL GENERAL) FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 5 ACRES MORE OR LESS BORDERED ON THE EAST SIDE BY NORTH CENTRAL AVENUE, THE WEST SIDE BY U.S. HIGHWAY 1, AND THE NORTH BY 9TH STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-32 for the first time by title only. Mayor Votapka opened the public hearing at 7:45 p.m. 4 The Director of Community Development presented a location map of the subject area and remarked that there had been no objections from the property owners of the city initiated sections for land use change and rezoning. Mayor Votapka closed the public hearing at 7:53 p.m. MOTION by Roth/McCarthy I move we accept Ordinance No. 0-88-32 on first reading and transmit it to the Department of Community Affairs. ROLL CALL: Mayor Votapka - aye Councilman Votapka - aye Councilman Metcalf - nay Councilman Roth - aye Vice Mayor Vallone - aye MOTION CARRIED 4-1 - Metcalf - Nay First Reading ORDINANCE NO. 0-88-33 - (Humphrey Rezoning) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONiNG; REZONING FROM CL (LIMITED COMMERCIAL) TO CG (COMMERCIAL GENERAL) FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 5 ACRES MORE OR LESS BORDERED ON THE EAST SIDE BY NORTH CENTRAL AVENUE, THE WEST SiDE BY U.S. HIGHWAY 1, AND THE NORTH BY 9TH STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-33 for the first time by title only. MOTION by McCarthy/Roth I move we accept the first reading of Ordinance No. 0-88-33. ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - nay Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye MOTION CARRIED 4-1 Metcalf - Nay 88.180 C. MORCHESKY First Reading, Public Hearing, Transmit to DCA - ORDINANCE NO. 0-88-35 - (Morchesky Comprehensive Land Use Amendment) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY LD2 DISTRICT AND MXD DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND llO FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-35 for the first time by title only. Mayor Votapka opened the public hearing at 8:00 p.m. The Director of Community Development presented a location map of the subject area. Discussion took place on objection letters regarding the subject property from Indian River County and the City Planning Consultant, whether or not this annexation would violate FS 171.044 ss 5 regarding creation of an enclave, road access to the property, and Indian River County's plan to close the Old Dixie Highway railroad crossing. Councilman McCarthy requested the City Attorney's opinion on this application regarding FS 171.044. Attorney Rene Van de Voorde, representing the applicant, handed out Attorney General opinion number 0-80-84 dated 9/30/80 regarding voluntary annexations which states that only municipal territory can be considered enclaved. He went on to say that there is a paper street northwest of his client's property which is in city IN zoning which could be the access to the property. Attorney Nash said he would need time to review the Attorney General's opinion, although he stated it did not have full force of law, and an amendment to FS 171.044 made in 1986, before he gave a formal opinion. Councilman Metcalf questioned the city's concurrency requirements under the Comprehensive Land Use Plan if all these small parcels are given land use and zoning designations. Councilman Roth said the city should not allow the closing of the Old Dixie Highway railroad crossing by Indian River County, but instead should recommend closing one of the crossings in the area of Bay Street in Roseland. William Mahoney, Planning & Zoning, pointed out the difference between FS chapters 171.044 and 171.042, and also said P & Z had recommended annexation in March 1988, at which time the previous City Attorney had given his opinion that this was not an enclave. Robert Fullerton, expressed his concern for the closing of the Old Dixie Highway railroad crossing and recommended tabling action on this item until an annexation agreement can be drawn up. Mayor Votapka closed the public hearing at 8:43 p.m. MOTION by McCarthy/Vallone I move we accept Ordinance No. 0-88-35 on first reading and transmit to the Department of Community Affairs, contingent upon an opinion from the City Attorney regarding whether or not this violates FS 171.044 ss 5, to be received at the December 7, 1988, Regular Council meeting. ROLL CALL: Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye MOTION CARRIED 5-0. First Reading - ORDINANCE NO. 0-88-34 - (Morchesky Annexation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION; ANNEXING TWO PARCELS OF LAND GENERALLY BORDERING THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROViDiNG AN EFFECTIVE DATE. 7 Attorney Nash read Ordinance No. 0-88-34 for the first time by title only. MOTION by Metcalf/Vallone I move we accept the first reading of Ordinance No. 0-88-34, contingent upon an opinion from the City Attorney regarding whether or not this violates FS 171.044 ss 5, to be received at the December 7, 1988, Regular Council meeting. Attorney Nash asked if Council wanted to include a contingency regarding the property owner contributing to road expenses. Attorney Van de Voorde stated that the applicant would make property available to the city during the time of development for road right-of-way. Mayor Votapka suggested that Attorney Van de Voorde meet with the City Attorney prior to receipt by Council of the City Attorney's opinion. Attorney Nash said he would need staff input regarding their requirements for road right-of-way. Mayor Votapka recommended that Indian River County Public Works Director, Jim Davis, also be contacted for his input. ROLL CALL: Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye MOTION CARRIED 5-0. First Reading - ORDINANCE NO. 0-88-36 - (Morchesky Rezoning) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD FROM COUNTY ZONING DISTRICTS Al, RM6, AND IL TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-36 for the first time by title only. 8 88.183 MOTION by McCarthy/Vallone I move we accept the first reading of Ordinance No. 0-88-36, contingent upon an opinion from the City Attorney regarding whether or not this violates FS 171.044 ss 5, to be received at the December 7, 1988, Regular Council meeting. ROLL CALL: Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf -.aye Councilman Roth - aye MOTION CARRIED 5-0. Mayor Votapka called recess at 9:05 p.m. and reconvened the meeting at 9:15 p.m. All members present at recess were present at recall. MOTION by Vallone/McCarthy I move we move item 88.183 Sebastian Lakes to this part of the agenda. VOICE VOTE on the motion carried 5-0. F. SEBASTIAN LAKES First Reading, Public Hearing, Transmit to DCA - ORDINANCE NO. 0-88-29 - (Sebastian Lakes Comprehensive Land Use Amendment) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM CG (COMMERCIAL GENERAL) DISTRICT OF APPROXIMATELY 9.29 ACRES TO CG (COMMERCIAL GENERAL) DISTRICT OF APPROXIMATELY 17.57 ACRES; ELIMINATING THE COR (COMMERCIAL/OFFICE/ RESIDENTIAL) DISTRICT OF APPROXIMATELY 6.58 ACRES; FROM MD (MEDIUM DENSITY) DISTRICT OF APPROXIMATELY 50.68 ACRES TO MD (MEDIUM DENSITY) DISTRICT OF APPROXIMATELY 49.41 ACRES; ALL OF SAiD CHANGES BEING LOCATED IN THE WEST SECTION OF THE CITY,~ BOUNDED TO THE NORTH BY CR 512 (FELLSMERE HIGHWAY), TO THE EAST BY LACONIA STREET, AND TO THE SOUTH BY GRANDEUR AVENUE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-29 for the first time by title only. 9 Mayor Votapka opened the public hearing at 9:17 p.m. The Director of Community Development presented a location map of the sub3ect area and stated the applicant's request to change all existing COR and some MD land use to CG to accommodate increased commercial area. Discussion took place on the RV storage area in Tract G adjacent to Roseland Acres. The Director of Community Development said the storage area was temporary. Daryl McQueen, planner and engineer for Sebastian Lakes, presented the applicant's request. He stated that Laconia would be widened to twenty four feet and overlaid, Roseland Road would be extended to the south of CR 512 during Phase I for a distance of approximately 300 feet, and that the property owner would~c~ntribute~to signalization at the intersection of CR ~05 and CR 512 Carolyn Eggert, County Commissioner, presented plans of the proposed library. Joe McGary, Breezy Way, requested that the speed limit be cut back at the intersection of CR 505 and CR 512. Mayor Votapka closed the public hearing at 9:54 p.m. MOTION by Vallone/Roth I move we accept Ordinance No. 0-88-29 on first reading and transmit to Department of Community Affairs. ROLL CALL: Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye MOTION CARRIED 5-0. First Reading, Public Hearing, Adoption - ORDINANCE NO. 0-88-45 - (Sebastian Lakes PUD Amendment) AN ORDINANCE AMENDING ORDINANCE NO. 202-8, THE SAME BEING AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN EXISTENCE BEFORE THE ADOPTION OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PERTAINING TO THE AMENDMENT OF A CONCEPTUAL DEVELOPMENT PLAN; IMPOSING RESTRICTIONS AND CONDITIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 10 Mayor Votapka opened the public hearing at 9:17 p.m. The Director of Community Development presented a location map of the subject area and stated the applicant's request to change all existing COR and some MD land use to CG to accommodate increased commercial area. Discussion took place on the RV storage area in Tract G adjacent to Roseland Acres. The Director of Community Development said the storage area was temporary. Daryl McQueen, planner and engineer for Sebastian Lakes, presented the applicant's request. He stated that Laconia would be widened to twenty four feet and overlaid, Roseland Road would be extended to the south of CR 512 during Phase I for a distance of approximately 300 feet, and that "in the recommendation of Planning and Zoning we as the landowner now, not the shopping center development, we are obligated to work out, upon your approval of this tonight, an agreement with Jim Davis whereby we will put into his fund a contribution for the construction of that light". (CR 512 & Roseland Road) Carolyn Eggert, County Commissioner, presented plans of the proposed library. Joe McGary, Breezy Way, requested that the speed limit be cut back at the intersection of CR 505 and CR 512. Mayor Votapka closed the public hearing at 9:54 p.m. MOTION by Vallone/Roth I move we accept Ordinance No. 0-88-29 on first reading and transmit to Department of Community Affairs. ROLL CALL: Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye MOTION CARRIED 5-0. First Reading, Public Hearing, Adoption - ORDINANCE NO. 0-88-45 - (Sebastian Lakes PUD Amendment) AN ORDINANCE AMENDING ORDINANCE NO. 202-8, THE SAME BEING AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN EXISTENCE BEFORE THE ADOPTION OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PERTAINING TO THE AMENDMENT OF A 10 88.181 CONCEPTUAL DEVELOPMENT PLAN; IMPOSING RESTRICTIONS AND CONDITIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-45 for the first time by title only. Mayor Votapka opened the public hearing at 9:55 p.m. The Director of Community Development recommended that Council concur with the Planning and Zoning Commission recommendation in their approval. Daryl McQueen presented the applicant's request for PUD amendment. J.W. Thompson presented information to Council and said he endorsed Planning & Zoning recommended conditions, and suggested that a letter be sent to Indian River County to deny the use of impact fees for reimbursement to the developer. Henry Fischer requested that the temporary RV storage area be moved. Brooks Briefly responded that the area will be buffered. Mayor Votapka closed the public hearing at 10:15 p.m. MOTION by McCarthy/Metcalf I move we accept Ordinance No. 0-88-45 on first reading and set it for second reading and adoption on December 7, 1988. ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye MOTION CARRIED 5-0. D. DECRISTOFARO First Reading, Public Hearing, Transmit to DCA - ORDINANCE NO. 0-88-38 - (DeCristofaro Comprehen- sive Land Use Amendment) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY LD2 DISTRICT AND MXD DISTRICT TO CITY IN 11 (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 9 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-38 for the first time by title only. Discussion took place on required buffer area. MOTION by Metcalf/Roth I move we extend the meeting for thirty minutes. ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye MOTION CARRIED 5-0. Tony DeCristofaro agreed to giving right-of-way to the city. Mayor Votapka opened the public hearing at 10:30 p.m., however there being no public input, he closed the public hearing at 10:31 p.m. MOTION by Roth/Vallone I move we accept Ordinance No. 0-88-38 on first reading and transmit to the Department of Community Affairs, contingent upon an opinion from the City Attorney regarding whether or not this violates FS 171.044 ss 5, to be received at the December 7, 1988, Regular Council meeting. ROLL CALL: Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman Metcalf - aye MOTION CARRIED 5-0. First Reading - ORDINANCE NO. 0-88-37 - (DeCristofaro Annexation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION; ANNEXING A PARCEL OF LAND GENERALLY BORDERING THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 9 12 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-37 for the first time by title only. MOTION by Roth/Vallone I move we accept the first reading of Ordinance No. 0-88-37 and set it for second reading on December 7, 1988. MOTION and SECOND were withdrawn due to incorrect motion. MOTION by Vallone/McCarthy I move we accept the first reading of Ordinance No. 0-88-37, contingent upon an opinion from the City Attorney regarding whether or not this violates FS 171.044 ss 5, to be received at the December 7, 1988, Regular Council meeting. ROLL CALL: Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye MOTION CARRIED 5-0. First Reading - ORDINANCE NO. 0-88-39 - (DeCristofaro Rezoning) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 9 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD FROM COUNTY ZONING DISTRICTS A1 AND RM6 TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-39 for the first time by title only. MOTION by Vallone/Metcalf I move we accept Ordinance No. 0-88-39 on first reading, contingent upon an opinion from the City Attorney regarding whether or not this violates FS 171.044 ss 5, to be received at the December 7, 1988, 13 88.182 Regular Council meeting. ROLL CALL: Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye MOTION CARRIED 5-0. E. FLATT First Reading, Public Hearing, Transmit to DCA - ORDINANCE NO. O-88-41 - (Flatt Comprehensive Land Amendment) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY MXD DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 2.5 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-41 for the first time by title only. Mayor Votapka opened the public hearing at 10:38 p.m. Doris Flatt said she was willing to give additional road access to the city. Mayor Votapka closed the public hearing at 10:40 p.m. MOTION by Vallone/Metcalf I move we acceDt Ordinance No. O-88-41 on first reading and transmit to the Department of Community Affairs, contingent upon an opinion from the City Attorney regarding whether or not this violates FS 171.044 ss 5, to be received at the December 7, 1988, Regular Council meeting. ROLL CALL: Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye MOTION CARRIED 5-0. 14 First Reading L ORDINANCE NO. 0-88-40 -(Flatt Annexation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION; ANNEXING A PARCEL OF LAND GENERALLY BORDERING THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 2.5 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-40 for the first time by title only. MOTION by Metcalf/Vallone I move we accept the first reading of Ordinance No. 0-88-40, contingent upon an opinion from the City Attorney regarding whether or not this violates FS 171.044 ss 5, to be received at the December 7, 1988, Regular Council meeting. ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye MOTION CARRIED 5-0. First Reading 2 ORDINANCE NO. 0-88-42 -(Flatt Rezoning) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 2.5 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD FROM COUNTY ZONING DISTRICT IL TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-42 for the first time by title only. 15 88.022 MOTION by Vallone/Metcalf I move we accept the first reading of Ordinance No. 0-88-42, contingent upon an opinion from the City Attorney regarding whether or not this violates FS 171.044 ss 5, to be received at the December 7, 1988, Regular Council meeting. ROLL CALL: Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye MOTION CARRIED 5-0. MOTION by Vallone/Metcalf I move we adjourn the November 30, 1988, Special Meeting. VOICE VOTE on the motion carried 5-0. MOTION by Vallone/McCarthy I move we reconvene the November 30, 1988, Regular Meeting. VOICE VOTE on the motion carried 5-0. REGULAR MEETING, PUBLIC HEARING MOTION by Vallone/McCarthy I move we move item 88.022 Ordinance No. 0-88-27 - Sandmining to this part of the agenda. 9. PUBLIC HEARING, FINAL ACTION A. ORDINANCE NO. 0-88-27 - (Sandmining) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING SECTION 20A-5.19, SAND MINING: SPECIAL USE PERMIT REQUIRED, OF THE LAND DEVELOPMENT CODE; CREATING A NEW SECTION 20A-5.19, EXCAVATION AND MINING, PURPOSE: CREATING A NEW SECTION 20A-5.20, DEFINITIONS; CREATING A NEW SECTION 20A-5.21, PROHIBITED ACTIVITY WITH REGARD TO EXCAVATING OR MINING REAL PROPERTY; CREATING A NEW SECTION 20A-5.22 PROVIDING EXEMPTIONS FROM PERMITTING REQUIREMENTS RELATED TO EXCAVATING OR MINING REAL PROPERTY; RESERVING SECTIONS 20A-5.23 THROUGH 20A-5.28 FOR FUTURE USE; CREATING A NEW SECTION 20A-5.29, WATER MANAGEMENT STANDARDS; CREATING A NEW SECTION 20A-5.30, PROMULGATING MINING PERMIT REGULATIONS; RESERVING SECTIONS 20A-5.31 THROUGH 20A-5.34 FOR FUTURE USE; CREATING A NEW SECTION 20A-5.35 REGARDING THE USE OF PUBLIC AND PRIVATE ROADS iN CONJUNCTION WITH EXCAVATING OR MINING OF REAL PROPERTY; CREATING A NEW SECTION 20A-5.36, PROMULGATING 16 88.175 88.184 88.185 88.186 88.187 88.188 STANDARDS FOR THE DURATION AND COMPLETION OF PERMITS; CREATING A NEW SECTION 20A-5.37, PROVIDING A PROCEDURE FOR INSPECTION AND REVOCATION OF PERMITS; RESERVING SECTIONS 20A-5.38 THROUGH 20A-5.42 FOR FUTURE USE, CREATING A NEW SECTION 20A-5.43, PROVIDING FOR MINING PERMIT FEES; CREATING A NEW SECTION 20A-5.44, PROVIDING A PROCEDURE FOR APPEALS; CREATING A NEW SECTION 20A-5.45, ESTABLISHING VIOLATIONS AND PENALTIES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILiTY; AND PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-27 by title only. Mayor Votapka opened the public hearing at 10:50 p.m., however, there being no input from the public, he closed the public hearing at 10:51 p.m. MOTION by Metcalf/Vallone I move we adopt Ordinance No. 0-88-27 as read by the City Attorney by title only. ROLL CALL: Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - Mayor Votapka - aye Councilman McCarthy - nay MOTION CARRIED 4-1 - McCarthy - nay 7. CONSENT AGENDA Approve Minutes - 11/2/88 Workshop, 11/9/88 Regular Bid Award - Golf Course Cleaning - Allyn's Cleaning Service - $600 Per Month - (carried from 11/9/88 - Specs Provided) Bid Award - Golf Course - 22 Tons Fertilizer - Golf Ventures of Lakeland, FL - $6,250.20 Resolution No. R-88-70 - Abandonment of Easement Lot 31, Block 417, Unit 9, Sebastian Highlands Resolution No. R-88-71 - Abandonment of Easemen% Lot 36, Block 301, Unit 10, Sebastian Highlands Resolution No. R-88-73 - Abandonment of Easement Lot 7 & 8, Block 194, Unit 8, Sebastian Highlands Resolution No. R-88-74 - Abandonment of Easement Lots 13 & 14, Block 118, Unit 4, Sebastian Highlands 17 88.189 88.173 Approve Purchase of Toro Groundmaster 117 - Parks Department - State Contract Price - $3940.00 Request for Community Center - Atlantic Indian Association - A/B - 12/25/88 - security paid Request for Community Center - Solis - A/B - 1/21/89 - security paid MOTION by Roth/Vallone I move we approve Consent Agenda items (A) Approve Minutes - 11/2/88 Workshop, 11/9/88 Regular; (B) Bid Award - Golf Course Cleaning - Allyn's Cleaning Service - $600 Per Month; (C) Bid Award - Golf Course - 22 Tons Fertilizer - Golf Ventures of Lakeland, FL - $6,250.20; (D) Resolution No. R-88-70 - Abandonment of Easement Lot 31, Block 417, Unit 9, Sebastian Highland; (E) Resolution No. R-88-71 - Abandonment of Easement Lot 36, Block 301, Unit 10, Sebastian Highlands; (F) Resolution No. R-88-73 - Abandonment of Easement Lot 7 & 8, Block 194, Unit 8, Sebastian Highlands; (G) Resolution No. R- 88-74 - Abandonment of Easement Lots 13 & 14, Block 118, Unit 4, Sebastian Highlands; (H) Approve Purchase of Toro Groundmaster 117 - Parks Department - State Contract Price - $3940.00; (I) Request for Community Center - Atlantic Indian Association - A/B - 12/25/88 - Security paid; and (J) Request for Community Center - Solis - A/B - 1/21/89 - security paid. VOICE VOTE on the motion carried 5-0. MOTION by Roth/Vallone I move we move item 88.173 Million Dollar Line of Credit - Letter to Withdraw Request to this part of the agenda. Million Dollar Line of Credit - Letter to Withdraw Request MOTION by Roth/Vallone I move we authorize the City Manager to notify the Florida League of Cities that we are withdrawing our participation in the municipal loan program. ROLL CALL: Councilman Roth - nay Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - nay Councilman Metcalf - aye MOTION CARRIED 3-2 - Roth, McCarthy - nay 18 88.155 88.176 88.190 ll. 15. Mayor Votapka adjourned the meeting at 11:00 p.m. The following items were not addressed and will therefore be carried to the December 7, 1988 meeting. OLD BUSINESS A. Metcalf - Request to Withdraw Airport Moratorium C. Attorney Opinion - Charter Fishing Boat Requirements CITY ATTORNEY MATTERS A. RESOLUTION NO. R-88-72 - (Manager Authority to Direct Police Dept.) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CONCERNING THE CITY MANAGER'S AUTHORITY TO DIRECT AND SUPERVISE THE POLICE DEPARTMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Approved at the January 11, 1989 Regular Council Meeting. Richard B. Votapka, Mayor Kathr¥~ M. O'Halloran, City Clerk 19