HomeMy WebLinkAbout12121990 City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 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 - Father Joseph LeSage, St. Sebastian
Catholic Church
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARING, FINAL ACTION
90.149
A. ORDINANCE NO. O-90-13 - Subdivision Access
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REGARDING ACCESS TO SUBDIVISIONS;
AMENDING SECTION 20A-17.2 OF THE LAND DEVELOPMENT
CODE; PROVIDING FOR TWO PUBLIC MEANS OF INGRESS AND
EGRESS TO MAJOR SUBDIVISIONS; 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 11/14/90, Advertised 11/28/90, PH
12/12/90)
90.058
90.254
90.254
B. ORDINANCE NO. O-90-15 - Accessory Buildings
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ACCESSORY BUILDINGS;
AMENDING SECTION 20A-5.7 OF THE LAND DEVELOPMENT CODE
TO REGULATE THE LOCATION OF ACCESSORY BUILDINGS;
PROVIDING HEIGHT RESTRICTIONS FOR ACCESSORY
STRUCTURES; PROVIDING AREA LIMITATIONS FOR ACCESSORY
STRUCTURES; 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
11/14/90, Advertised 11/28/90, PH 12/12/90)
ORDINANCE NO. O-90-16 - Amending GDU Water
Franchise to Include Chesser's Gap
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO WATER DISTRIBUTION;
AMENDING ORDINANCE NO. 0-81-8 OF THE CODE OF
ORDINANCES TO EXPAND THE EXCLUSIVE FRANCHISE GRANTED
TO GENERAL DEVELOPMENT UTILITIES, INC., A FLORIDA
CORPORATION, TO OPERATE AND MAINTAIN A WATER
DISTRIBUTION SYSTEM WITHIN A PORTION OF THE CITY OF
SEBASTIAN, FLORIDA, TO INCLUDE A PARCEL OF LAND
APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF
COUNTY ROAD 512, SOUTH OF THE INTERSECTION OF COUNTY
ROAD 512 AND FLEMING STREET, APPROXIMATELY THREE AND
ONE-HALF MILES WEST OF U.S. HIGHWAY 1, ALSO KNOWN AS
STATE ROAD 5, AND EAST OF STRAIT AVENUE; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 11/28/90, Advertised
12/1/90, PH 12/12/90)
RESOLUTION NO. R-90-51 - Amending IRC Water
Franchise to Exclude Chesser's Gap
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, EXCLUDING CERTAIN TERRITORY FROM THE
WATER AND SEWER FRANCHISE GRANTED TO INDIAN RIVER
COUNTY, FLORIDA, ITS SUCCESSORS AND ASSIGNS;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 11/28/90, Advertised 12/1/90, PH
12/12/90)
90.282
90.283
90.284
90.285
90.286
8. PUBLIC INPUT
A. Non-Agenda Items - None
B. Agenda Items
9. CONSENT AGENDA
A. Approval of Minutes - 11/28/90 Regular Meeting
RESOLUTION NO. R-90-52 - Extend A/B Sales - New
Year's Day (Staff Recommendation dated 11/27/90)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROHIBITING THE SALE OR CONSUMPTION
OF ALCOHOLIC BEVERAGES AT ANY LOCATION WHERE
ALCOHOLIC BEVERAGES ARE PERMITTED TO BE SOLD OR
CONSUMED PURSUANT TO A LICENSE OR PERMIT ISSUED BY
THE STATE OF FLORIDA DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND
TOBACCO, BETWEEN THE HOURS OF 3:00 A.M. AND 7:00 A.M.
ON NEW YEAR'S DAY; PROVIDING FOR AN EFFECTIVE DATE.
Waiver of Bid Procedure - Police Department
Purchase Sixteen General Electric MTL Portable
Radios, Eighteen Desk Chargers, Eighteen Belt
Clips - Communications international, Inc (GSA
Contract) - 810,909.30 (Staff Recommendation
dated 12/4/90, Petty Memo dated 11/28/90)
Sebastian Area Civic Association, Inc. - Request
Fee Waiver for Use of Yacht Club - 12/19/90 - 10
a.m. to Noon - Donation of Checks to Charitable
Organizations - Permittee Elsie Campbell -
Security on Hold (Application, Campbell Letter
dated 11/26/90)
Italian/American Club of Sebastian - Request for
A/B - Community Center - 40's/50's Dance -
1/26/91 - 5 p.m. to 11 p.m. - Permittee Charles
Pullara DOB 2/24/32 - Security on Hold
(Application)
Maxwell & Son, Inc. - Request for A/B - Yacht
Club - Christmas Party - 12/22/90 - 6 p.m. to 10
p.m. - Permittee James Maxwell DOB 5/29/52 -
Security Paid (Application)
90.287
90.225
89.048
90.255
90.255
10.
12.
13.
First Church of the Nazarene - Request for Fee
Waiver - Site Plan and Building Permit
Application (Staff Recommendation dated 12/6/90,
Pastor Eby Letter dated 11/30/90)
PRESENTATIONS - None
COMMITTEE REPORTS/RECOMMENDATIONS
A. PLANNING AND ZONING COMMISSION
Political Signs - Review Proposed Amendments
(Staff Recommendation dated 11/21/90, P & Z
Memo dated 11/1/90 w/ Proposed Amendment)
OLD BUSINESS - None
NEW BUSINESS
Collier Place PUD - Request for Time Extension
(Staff Recommendation dated 12/7/90, Schlitt
Letter dated 11/20/90, 0-90-08)
RESOLUTION NO. R-90-53 - Approving Inclusion of
City Within Proposed Emergency Services District
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PURSUANT TO SECTION 125.01(5)(a),
FLORIDA STATUTES, GRANTING APPROVAL TO THE INCLUSION
OF THE INCORPORATED AREAS OF THE CITY WITHIN THE
PROPOSED EMERGENCY SERVICES DISTRICT, A DEPENDENT
SPECIAL TAXING DISTRICT OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-90-54 - Calling IRC Referendum
for North County Fire District Millage Increase
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING AN ORDINANCE OF INDIAN
RIVER COUNTY, FLORIDA, CALLING FOR A REFERENDUM TO
INCREASE THE MILLAGE LEVY OF THE NORTH INDIAN RIVER
COUNTY FIRE DISTRICT FROM ONE MILL TO NOT-TO-EXCEED
THREE MILLS; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
4
90.288
90.203
RESOLUTION NO. R-90-55 - Assign GDU Water and
Sewer Franchises to Indian River County (City
Manager Recommendation dated 12/6/90)
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, AN ASSIGNMENT
AGREEMENT WITH INDIAN RIVER COUNTY, FLORIDA, IN A
FORM IDENTICAL TO THE ASSIGNMENT AGREEMENT ATTACHED
TO THIS RESOLUTION AS EXHIBIT "A", WHEREBY THE CITY
WILL TRANSFER TO THE COUNTY ALL OF THE CITY'S RIGHT,
TITLE AND INTEREST IN THE WATER FRANCHISE GRANTED TO
GENERAL DEVELOPMENT UTILITIES, INC. BY THE CITY IN
ORDINANCE NO. 0-81-8, AND IN THE SEWER FRANCHISE
GRANTED TO GENERAL DEVELOPMENT UTILITIES, INC. BY THE
CITY IN ORDINANCE NO. O-81-9, WITH THE EXCEPTION OF
THE CITY'S RIGHT TO RECEIVE FRANCHISE REVENUES AND TO
REGULATE RATES AND CHARGES PURSUANT TO SAID
FRANCHISES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE NO. 0-90-12 - Fences and Walls (Staff
Recommendation dated 12/5/90)
FIRST READING, SET PUBLIC SEARING 1/9/91
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REGARDING FENCES AND WALLS; AMENDING
SECTION 20A-5.9 OF THE LAND DEVELOPMENT CODE TO
REQUIRE FENCE PERMITS FOR THE ERECTION OF FENCES
AND WALLS; PROVIDING FOR APPLICATION PROCEDURES AND
GUIDELINES iN THE ISSUANCE OF FENCE PERMITS;
PROVIDING FOR THE TYPES OF FENCES AND WALLS
PERMITTED; PROVIDING FOR RESIDENTIAL AREA LIMITATIONS
AND RESTRICTIONS IN THE ERECTION OF FENCES AND WALLS,
INCLUDING FRONT YARD FENCES; PROVIDING FOR GUIDELINES
REGARDING FENCES AND WALLS WITHIN EASEMENTS;
PROVIDING FOR PROHIBITED TYPES OF FENCES AND WALLS;
PROVIDING FOR REQUIRED SCREENS FOR GARBAGE, REFUSE
DUMPSTERS; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OR ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
90.289
90.290
14.
15.
16.
17.
18.
F. ORDINANCE NO. 0-90-17 - Morchesky Annexation
(Staff Recommendation dated 12/6/90, Attorney
Letter dated 11/27/90)
FIRST READING, SET PUBLIC HEARING 1/23/90
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 i0
ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF THE
RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH
OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFFECTIVE DATE.
MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
A. GDC Bankruptcy (City Manager Recommendation dated
12/6/90, Proof of Claim, Mosby Reports dated
11/30/90 and 12/5/90)
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.)
6
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, DECEMBER 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 7:00
p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Father Joseph LeSage, St.
Sebastian Catholic Church.
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Robert McCollum
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Absent:
Councilman Lloyd Rondeau (excused)
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Chief of Police, Earle Petty
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
1
Regular City Council Meeting
December 12, 1990
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
None.
7. PUBLIC HEARING, FINAL ACTION
90.149
A. ORDINANCE NO. O-90-13 - Subdivision Access
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REGARDING ACCESS TO SUBDIVISIONS;
AMENDING SECTION 20A-17.2 OF THE LAND DEVELOPMENT
CODE; PROVIDING FOR TWO PUBLIC MEANS OF INGRESS AND
EGRESS TO MAJOR SUBDIVISIONS; 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 11/14/90, Advertised 11/28/90, PH
12/12/90)
The City Attorney read Ordinance No. O-90-13 by title
only.
Mayor Conyers opened the public hearing at 7:04 p.m.,
however, there was no input and he immediately closed
the public hearing.
MOTION by Oberbeck/Powell
I move we approve Ordinance No. O-90-13,
subdivision access.
ROLL CALL:
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
MOTION CARRIED 4-0.
90.058
B. ORDINANCE NO. O-90-15 - Accessory Buildings
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ACCESSORY BUILDINGS;
AMENDING SECTION 20A-5.7 OF THE LAND DEVELOPMENT CODE
TO REGULATE THE LOCATION OF ACCESSORY BUILDINGS;
PROVIDING HEIGHT RESTRICTIONS FOR ACCESSORY
STRUCTURES; PROVIDING AREA LIMITATIONS FOR ACCESSORY
STRUCTURES; PROVIDING FOR REPEAL OF ORDINANCES OR
Regular City Council Meeting
December 12, 1990
Page Three
90.254
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
11/14/90, Advertised 11/28/90, PH 12/12/90)
The City Attorney read Ordinance No. O-90-15 by title
only.
Mayor Conyers opened the public hearing at 7:06 p.m.,
however, there was no input and he immediately closed
the public hearing.
MOTION by Powell/McCollum
I move we accept Ordinance No. O-90-15, accessory
buildings.
ROLL CALL:
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
Mayor Conyers
aye
aye
aye
aye
MOTION CARRIED 4-0.
C. ORDINANCE NO. O-90-16 - Amending GDU Water
Franchise to Include Chesser's Gap
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO WATER DISTRIBUTION;
AMENDING ORDINANCE NO. 0-81-8 OF THE CODE OF
ORDINANCES TO EXPAND THE EXCLUSIVE FRANCHISE GRANTED
TO GENERAL DEVELOPMENT UTILITIES, INC., A FLORIDA
CORPORATION, TO OPERATE AND MAINTAIN A WATER
DISTRIBUTION SYSTEM WITHIN A PORTION OF THE CITY OF
SEBASTIAN, FLORIDA, TO INCLUDE A PARCEL OF LAND
APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF
COUNTY ROAD 512, SOUTH OF THE INTERSECTION OF COUNTY
ROAD 512 AND FLEMING STREET, APPROXIMATELY THREE AND
ONE-HALF MILES WEST OF U.S. HIGHWAY 1, ALSO KNOWN AS
STATE ROAD 5, AND EAST OF STRAIT AVENUE; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 11/28/90, Advertised
12/1/90, PH 12/12/90)
The City Attorney read Ordinance No. 0-90-16 by title
only.
3
Regular City Council Meeting
December 12, 1990
Page Four
Mayor Conyers opened the public hearing at 7:08 p.m.,
however, there was no input and he immediately closed
the public hearing.
MOTION by Oberbeck/McCollum
I move we adopt Ordinance NO. O-90-16.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Mayor Conyers
Councilman McCollum
aye
aye
aye
aye
MOTION CARRIED 4-0.
90.254
D. RESOLUTION NO. R-90-51 - Amending IRC Water
Franchise to Exclude Chesser's Gap
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, EXCLUDING CERTAIN TERRITORY FROM THE
WATER AND SEWER FRANCHISE GRANTED TO INDIAN RIVER
COUNTY, FLORIDA, ITS SUCCESSORS AND ASSIGNS;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 11/28/90, Advertised 12/1/90, PH
12/12/90)
The City Attorney read Resolution No. R-90-51 by
title only.
Mayor Conyers opened the public hearing at 7:11 p.m.,
however, there was no input and he immediately closed
the public hearing.
MOTION by McCollum/Oberbeck
I move we adopt Resolution No. R-90-51.
ROLL CALL:
Councilman Powell
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
aye
aye
aye
aye
MOTION CARRIED 4-0.
8. PUBLIC INPUT
A. Non-Agenda Items - None
4
Regular City Council Meeting
December 12, 1990
Page Five
90.282
90.283
90.284
B. Agenda Items
Ruth Sullivan, 1215 Indian River Drive, President of
Indian River Property Owners' Association, addressed
Council regarding problems with the North County
sewer project.
At the request of Peter Jones and with the
concurrence of the City Attorney, Mayor Conyers
obtained the consensus of Council to allow Stanley
Krulikowski to be named an ex-officio, non-voting
member of the Riverfront District Study Committee.
Peter Jones, in response to Damian Gilliams, stated
that a recommendation on appointment of new members
to the Riverfront Committee will be brought to City
Council at their next meeting.
9. CONSENT AGENDA
A. Approval of Minutes - 11/28/90 Regular Meeting
B. RESOLUTION NO. R-90-52 - Extend A/B Sales - New
Year's Day (Staff Recommendation dated 11/27/90)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROHIBITING THE SALE OR CONSUMPTION
OF ALCOHOLIC BEVERAGES AT ANY LOCATION WHERE
ALCOHOLIC BEVERAGES ARE PERMITTED TO BE SOLD OR
CONSUMED PURSUANT TO A LICENSE OR PERMIT ISSUED BY
THE STATE OF FLORIDA DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND
TOBACCO, BETWEEN THE HOURS OF 3:00 A.M. AND 7:00 A.M.
ON NEW YEAR'S DAY; PROVIDING FOR AN EFFECTIVE DATE.
Waiver of Bid Procedure - Police Department
Purchase Sixteen General Electric PLS Portable
Radios, Two General Electric MTL Portable Radios,
Eighteen Desk Chargers, Eighteen Belt Clips -
Communications International, inc (GSA Contract)
- 810,909.30 (Staff Recommendation dated 12/4/90,
Petty Memo dated 11/28/90)
Sebastian Area Civic Association, Inc. - Request
Fee Waiver for Use of Yacht Club - 12/19/90 - 10
a.m. to Noon - Donation of Checks to Charitable
Organizations - Permittee Elsie Campbell -
Security on Hold (Application, Campbell Letter
dated 11/26/90)
Regular City Council Meeting
December 12, 1990
Page Six
90.285 E.
90.286 F.
90.287 G.
Italian/American Club of Sebastian - Request for
A/B - Community Center - 40's/50's Dance -
1/26/91 - 5 p.m. to 11 p.m. - Permittee Charles
Pullara DOB 2/24/32 - Security on Hold
(Application)
Maxwell & Son, Inc. - Request for A/B - Yacht
Club - Christmas Party - 12/22/90 - 6 p.m. to 10
p.m. - Permittee James Maxwell DOB 5/29/52 -
Security Paid (Application)
First Church of the Nazarene - Request for Fee
Waiver - Site Plan and Building Permit
Application (Staff Recommendation dated 12/6/90,
Pastor Eby Letter dated 11/30/90)
Mayor Conyers read the consent agenda in its
entirety, including the title of Resolution No. R-90-
52.
MOTION by Powell/McCollum
I move we accept the consent agenda as presented.
Vice Mayor Oberbeck stated that he would like to see
the balance of budgeted funds for police radios to go
back into the general fund.
ROLL CALL:
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
MOTION CARRIED 4-0.
10. PRESENTATIONS
None.
11. COMMITTEE REPORTS/RECOMMENDATIONS
Vice Mayor Oberbeck reported on the Indian River
County Transportation Planning Committee meeting. He
said they discussed possible median changes for U.S.
1. The City Manager recommended that City Council
review, in the near future, FDOT's design standards
for median strips on U.S. 1 in the city. Council
concurred.
6
Regular City Council Meeting
December 12, 1990
Page Seven
A. PLANNING AND ZONING COMMISSION
90.22~ 1.
12.
13.
89.048
Political Signs_- Review Proposed Amendments
(Staff Recommendation dated 11/21/90, P & Z
Memo dated 11/1/90 w/ Proposed Amendment)
The City Attorney he had prepared an ordinance
for Council review, therefore, this item was deferred
to the January workshop.
OLD BUSINESS
None.
Mayor Conyers called recess at 7:53 p.m. and
reconvened the meeting at 8:04 p.m. Ail members
present at roll call were present.
NEW BUSINESS
Collier Place PUD - Request for Time Extension
(Staff Recommendation dated 12/7/90, Schlitt
Letter dated 11/20/90, 0-90-08)
Ed Schlitt, 4745 Pebble Bay Circle, explained that
his firm had recently become title holders to Collier
Place PUD due to foreclosure and requested time to
put a program in force. He assured Council he would
not request another time extension if this one was
granted.
Steve Moler and Stan Mayfield, Masteller and Moler,
engineers for the development addressed Council.
MOTION by Oberbeck/Powell
I move we award a one year extension on Collier
Place PUD.
The City Attorney advised Council that a correct
motion would be to instruct him to draft an ordinance
and questioned Mr. Schlitt as to whether he would be
willing to work with the city to provide aviation
easements required by new state airport zoning
regulations.
Discussion ensued on airport zoning regulations.
was decided that the City Attorney and Building
Official would meet with Mr. Schlitt and his
engineers to work out conditions that would be
included in the proposed ordinance.
It
7
Regular City Council Meeting
December 12, 1990
Page Eight
90.255
MOTION and SECOND were withdrawn.
MOTION by Oberbeck/Powell
I move we direct the City Attorney to draft an
ordinance to grant a one year extension on the
Collier Place PUD.
ROLL CALL:
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
MOTION CARRIED 4-0.
The City Attorney was excused at 8:34 p.m.
RESOLUTION NO. R-90-53 - Approving Inclusion of
City Within Proposed Emergency Services District
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PURSUANT TO SECTION 125.01(5)(a),
FLORIDA STATUTES, GRANTING APPROVAL TO THE INCLUSION
OF THE INCORPORATED AREAS OF THE CITY WITHIN THE
PROPOSED EMERGENCY SERVICES DISTRICT, A DEPENDENT
SPECIAL TAXING DISTRICT OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Conyers read Resolution No. R-90-53 by title
only.
MOTION by Oberbeck/McCollum
I move we adopt Resolution No. R-90-53.
ROLL CALL:
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
Mayor Conyers
aye
aye
aye
aye
MOTION CARRIED 4-0.
8
Regular City Council Meeting
December 12, 1990
Page Nine
90.255 C.
90.288
RESOLUTION NO. R-90-54 - Calling IRC Referendum
for North County Fire District Millage Increase
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING AN ORDINANCE OF INDIAN
RIVER COUNTY, FLORIDA, CALLING FOR A REFERENDUM TO
INCREASE THE MILLAGE LEVY OF THE NORTH INDIAN RIVER
COUNTY FIRE DISTRICT FROM ONE MILL TO NOT-TO-EXCEED
THREE MILLS; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Mayor Conyers read Resolution No. R-90-54 by title
only.
MOTION by McCollum/Oberbeck
I move we adopt Resolution No. R-90-54.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Mayor Conyers
Councilman McCollum
MOTION CARRIED 4-0.
aye
aye
aye
aye
De
RESOLUTION NO. R-90-55 - Assign GDU Water and
Sewer Franchises to Indian River County (City
Manager Recommendation dated 12/6/90)
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, AN ASSIGNMENT
AGREEMENT WITH INDIAN RIVER COUNTY, FLORIDA, IN A
FORM IDENTICAL TO THE ASSIGNMENT AGREEMENT ATTACHED
TO THIS RESOLUTION AS EXHIBIT "A", WHEREBY THE CITY
WILL TRANSFER TO THE COUNTY ALL OF THE CITY'S RIGHT,
TITLE AND INTEREST IN THE WATER FRANCHISE GRANTED TO
GENERAL DEVELOPMENT UTILITIES, INC. BY THE CITY IN
ORDINANCE NO. 0-81-8, AND IN THE SEWER FRANCHISE
GRANTED TO GENERAL DEVELOPMENT UTILITIES, INC. BY THE
CITY IN ORDINANCE NO. O-81-9, WITH THE EXCEPTION OF
THE CITY'S RIGHT TO RECEIVE FRANCHISE REVENUES AND TO
REGULATE RATES AND CHARGES PURSUANT TO SAID
FRANCHISES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
9
Regular City Council Meeting
December 12, 1990
Page Ten
Mayor Conyers read Resolution No. R-90-55 by title
only.
MOTION by McCollum/Oberbeck
I move we adopt Resolution No. R-90-55.
ROLL CALL:
Councilman Powell
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
aye
aye
aye
aye
MOTION CARRIED 4-0.
90.203
ORDINANCE NO. O-90-12 - Fences and Walls (Staff
Recommendation dated 12/5/90)
FIRST READING, SET PUBLIC HEARING 1/9/91
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REGARDING FENCES AND WALLS; AMENDING
SECTION 20A-5.9 OF THE LAND DEVELOPMENT CODE TO
REQUIRE FENCE PERMITS FOR THE ERECTION OF FENCES AND
WALLS; PROVIDING FOR APPLICATION PROCEDURES AND
GUIDELINES IN THE ISSUANCE OF FENCE PERMITS;
PROVIDING FOR THE TYPES OF FENCES AND WALLS
PERMITTED; PROVIDING FOR RESIDENTIAL AREA LIMITATIONS
AND RESTRICTIONS IN THE ERECTION OF FENCES AND WALLS,
INCLUDING FRONT YARD FENCES; PROVIDING FOR GUIDELINES
REGARDING FENCES AND WALLS WITHIN EASEMENTS;
PROVIDING FOR PROHIBITED TYPES OF FENCES AND WALLS;
PROVIDING FOR REQUIRED SCREENS FOR GARBAGE, REFUSE
DUMPSTERS; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OR ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Conyers read Ordinance NO. 0-90-12 by title
only.
MOTION by Oberbeck/Powell
I move we approve the first reading of Ordinance
No. O-90-12 and set public hearing on January 9,
1991.
ROLL CALL:
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
MOTION CARRIED 5-0.
10
Regular City Council Meeting
December 12, 1990
Page Eleven
The City Attorney returned at 8:45 p.m.
90.289 F.
ORDINANCE NO. 0-90-17 - Morchesky Annexation
(Staff Recommendation dated 12/6/90, Attorney
Letter dated 11/27/90)
FIRST READING, SET PUBLIC HEARING 1/23/91
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.
The City Attorney read Ordinance No. 0-90-17 by title
only.
MOTION by Powell/Oberbeck
I move we accept the first reading of Ordinance
No. O-90-17 and set public hearing on January 23,
1991.
The City Attorney a~d Attorney Rene Van de Voorde
explained that this application had been resubmitted
because prior approval may have been done in error
since the map in the advertisement did not show a
small outparcel which comprised less than two percent
of the property, although the legal description in
the ordinance was correct.
ROLL CALL:
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
MOTION CARRIED 4-0.
14. MAYOR'S MATTERS
Mayor Conyers said Council offices will be ready in
two to three weeks; questioned whether he should have
signed the employment contract with Jim DeLarme;
questioned providing moving expenses for department
heads.
11
Regular City Council Meeting
December 12, 1990
Page Twelve
90.291
MOTION by Oberbeck/Powell
I move we strike any incentive for mov±ng
expenses with regard to job applicants to the City of
Sebastian.
ROLL CALL:
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
Mayor Conyers
nay
aye
aye
aye
MOTION CARRIED 3-1. (McCollum - Nay)
Council concurred that this would apply to future
City Manager applicants.
90.292
MOTION by Oberbeck/Powell
I move we discontinue paying travel expenses for
interviews to applicants.
15.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Mayor Conyers
Councilman McCollum
MOTION CARRIED 3-1. (McCollum - Nay)
COUNCIL MATTERS
aye
aye
aye
nay
A. Vice Mayor Oberbeck
Vice Mayor Oberbeck questioned the status of a
request from the Golf Course Ass±s%ant Groundskeeper
to be made unlimited time status; questioned
Council's request to transfer two cemetery employees
to public works and bid for maintenance of the
cemetery; questioned the city paying school crossing
guards; and questioned the Public Works Department
using the Council Chambers on 12/19/90 during working
hours for a Christmas party.
The City Manager said he would address all items as
soon as possible.
B. Councilman McCollum
None.
C. Councilman Powell
None.
12
Regular City Council Meeting
December 12, 1990
Page Thirteen
D. Councilman Rondeau
Absent.
Vice Mayor Oberbeck questioned whether the Golf
Course Manager could give private lessons on his own
time. The City Manager said he could not.
16. CITY ATTORNEY MATTERS
The City Attorney reported that he and Bruce Cooper
would meet with Collier Place PUD owners and
representatives to work out conditions of the
extension of the PUD.
17. CITY MANAGER MATTERS
90.290
GDC Bankruptc~ (City Manager Recommendation dated
12/6/90, Proof of Claim, Mosby Reports dated
11/30/90 and 12/5/90)
Vice Mayor Oberbeck was excused from 9:15 p.m. to
9:17 p.m.
The City Manager said this item was merely for formal
transmission of Mosby's report.
B. Other Matters
The City Manager reported that he expects a letter
from the state mandating compliance regarding city
fuel tanks in three locations and that in this regard
he had requested proposals from four state licensed
contractors in surrounding areas and would bring a
request for approval to Council.
18.
Being no further business, Mayor Conyers
ad3ourned the meeting at 9:22 p.m.
Approved at the
Meeting.
Kathry~ M. Halloran, City Clerk
1990 '~_~ ~- Council
W.E. Conyers Ma~yor
13