HomeMy WebLinkAbout12151993 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNK~DAY, DECEMBER 15, 1993 - 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)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend James Thatcher - Sebastian
Church of God
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
93.085
93.330
7. PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the council.
ae
RESOLUTION NO. R-93-62 - Sebastian Lakes
Development Agreement - Continuation of 11/17/93
Hearing (Director of Community Development
Transmittal dated 12/7/93, R-93-62 w/Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT
AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR RECORDING;
PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED
DEVELOPMENT AGREEMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Advertised 11/3/93 and
11/10/93 Legal Notices, 11/10/93 1st Public Hearing,
11/17/93 2nd Public Hearing, Readvertised 12/8/93,
12/15/93 Continuation of Hearing)
8. 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 - 12/8/93 Regular Meeting
Bid Award - Basketball Courts - Regan Masonry -
$1.50 Per SF (City Engineer Transmittal dated
12/7/93, Bid Tabulation)
93.351
93.365
93.366
93.367
10.
11.
12.
RESOLUTION NO. R-93-74 - First Amendment to
Little League Lease (City Clerk Transmittal dated
12/9/93, R-93-74, First Amendment, Lease
w/Schedule A)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING AMENDING THE LEASE
AGREEMENT WITH SEBASTIAN RIVER AREA LITTLE LEAGUE,
INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN
THE PROPOSED FIRST AMENDMENT TO LEASE AGREEMENT
ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; PROVIDING
FOR ADDITION OF TWO FIELDS TO THE LEASED PREMISES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Tozzolo Brothers Construction Co. - Specimen Tree
Removal Request - Three Pines - One Oak - Lot 12,
Block 112, SH Unit 2 (Director of Community
Development Transmittal dated 12/9/93,
Application, Survey)
Pay Scale for Three New Positions in Utilities
Department (Personnel Director Transmittal dated
12/9/93)
PRESENTATIONS
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
Report - Supervisor of Elections Relocation of
Polling Place for Precinct 16 from Calvary
Baptist Church to Elks Lodge (city Clerk/Acting
City Manager Memo dated 12/7/93, SOE Letter
dated 12/7/93, Elks Letter dated 12/2/93)
COMMITTEE REPORTS[RECOMMENDATIONS
3
AMENDED PAGE FOUR - PER CITY ATTORNEY
93.263
93.263
13.
OLD BUSINESS
RESOIIITION NOS. R-93-76 A~D R-93-77 ARE PLACED ON
~IS ~DA ~ ~E OF ~ H~ ~R ~~S P~OR
~ ~S~G - IF ~ ~ ~ N~ ~ ~ BE
W~~ F~W ~ ~DA
RESOLUTION NO.. R-93-76 - GDU Facility Acquisition
Bond Restatement (Finance Director Transmittal
dated 12/9/93, R-93-76 [Documents Un4er Separate
Cover])
A-RESeB~T~SN-RESTAT~N6?-AMENB~NS-ANB-S~PPBEM~NT~N6
RESSB~T~SN-NSv-R-9~-58-SF-THE-e~T¥-SF-S~BAST~AN7
~BSR~BA~-ANB-PReV~B~N6-AN-E~EeT~V~-BATE?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SUPPLEMENTING ITS RESOLUTION NO. R-93-67
PERTAINING TO THE DEFINITION OF AUTHORIZED
INVESTMENTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
RESOLUTION NO. R-93-77 - GDU Facility Acquisition
Bond Award and Purchase Contract (Finance
Director Transmittal dated 12/9/93, R-93-77
[Documents Under Separate Cover])
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, SUPPLEMENTING A RESOLUTION
ENTITLED: "A RESOLUTION RESTATING, AMENDING AND
SUPPLEMENTING RESOLUTION NO. R-93-58 OF THE CITY OF
SEBASTIAN, FLORIDA; AND PROVIDING AN EFFECTIVE DATE";
PROVIDING CERTAIN TERMS AND DETAILS OF SAID BONDS,
INCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS
AND THE EXECUTION AND DELIVERY OF A BOND PURCHASE
CONTRACT WITH RESPECT TO THE SERIES 1993 BONDS;
APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID
BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN
OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 1993
BONDS AND RATIFYING THE USE OF A PRELIMINARY OFFICIAL
STATEMENT; AND PROVIDING AN EFFECTIVE DATE.
4
93.337
93.124
14. NEW BUSINESS
ORDINANCE NO. O-93-21 - Placing Referendum
Language on March 8, 1994 Ballot Re: Airport
- 2nd Draft (City Clerk Transmittal dated
12/7/93, City Attorney Letter dated 12/3/93,
Revised O-93-21)
1st Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; PROVIDING FOR REVISIONS
TO SECTION 1.02 OF THE CITY CHARTER TO DELETE
PORTIONS THEREOF WHICH WOULD INTERFERE WITH THE
IMPLEMENTATION OF THE MASTER PLAN FOR THE SEBASTIAN
MUNICIPAL AIRPORT; PROVIDING FOR THE DELETION OF THE
SECOND FULL PARAGRAPH OF PARAGRAPH (7) OF SECTION
1.02 OF THE CITY CHARTER; PROVIDING FOR THE DELETION
OF SUBSECTIONS (7.1), (7.2), (7.3), (7.4), (7.5) AND
(7.6) OF SECTION 1.02 OF THE CITY CHARTER IN THEIR
ENTIRETIES; PROVIDING FOR THE DELETION OF THE SECOND
FULL PARAGRAPH OF PARAGRAPH (10) OF SECTION 1.02 OF
THE CITY CHARTER; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE
TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE;
PROVIDING FOR A PUBLIC NOTICE OF SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Bm
ORDINANCE NO. O-93-13 - Waterway Regulation
(Director of Community Development Transmittal
dated 12/7/93, Torpy Letter dated 11/1/93,
O-93-13)
1st Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING, IN ITS ENTIRETY, SECTION
20A-5.10 OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN PERTAINING TO REGULATION OF WATERWAYS,
WATERCRAFT AND MARINE RELATED STRUCTURES; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
5
93.020
93.123
93.300
93.368
Ce
ORDINANCE NO, O-93-14 - Animal Regulations
(Director of Community Development Transmittal
dated 12/9/93, O-93-14)
1st Reading, Set Public Hearing 1/26/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RVIER
COUNTY, FLORIDA, AMENDING CHAPTER 18, OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
ANIMALS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. O-93-18 - Sign Regulations
(Director of Community Development Transmittal
dated 11/17/93, O-93-18, Torpy Letter dated
11/1/93)
1st Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING DIVISION IV, ARTICLE XV,
SECTION 20A-15.1 ET. SEG., OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN PERTAINING TO SIGN
REGULATIONS IN ITS ENTIRETY; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 0-93-20 - Drive-Through Facilities
(Director of Community Development Transmittal
dated 12/7/93, 0-93-20)
1st Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTIONS 20A-
3.9(C), 20A-6.1(C) (9) (a) AND 20A-6.1(C) (9) (b) (4) OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
PERTAINING TO CL, LIMITED COMMERCIAL DISTRICTS, BY
PERMITTING DRIVE-THROUGH FACILITIES AS CONDITIONAL
USES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Reclassification Request for Clerical Assistant
II Position in the Utilities Department
(Utilities Director Transmittal dated 12/7/93,
Utilities Director Memo dated 11/8/93, Personnel
Action Form, Personnel Director Memo dated
11/29/93)
6
93.369
15.
16.
17.
MAYOR AND CITY COUNCIL MATTERS
A. Mayor Lonnie Ri,, Powell
B. Vice-Mayor Frank Oberbeck
C. MrS. Carolyn Corum
D. Mrs. Norma Damp
E. Mr. Robert Freeland
1. Endangered Species Act (No Backup)
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
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.
7
(.__. PUB LIC HEARING IGN-UP SHEET
DECEMBER 15, 1993 REGULAR MEETING
93.085 A.
RESOLUTION NO. R-93-62 - Sebastian Lakes
Development Agreement - Continuation of 11/17/93
Hearing (Director of Community Development
Transmittal dated 12/7/93, R-93-62 w/Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF
OF THE CITY, A DEVELOPMENT AGREEMENT WITH SEBASTIAN LAKES
ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR
RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED
DEVELOPMENT AGREEMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Advertised 11/3/93 and 11/10/93
Legal Notices, 11/10/93 1st Public Hearing, 11/17/93 2nd Public
Hearing, Readvertised 12/8/93, 12/15/93 Continuation of Hearing)
Use this form ONLF for public input on the above referenced
public hearing item
NAME:
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~}'--UB_~~_~___0..~N_ AGEND~ SIGNUP SHEET
DECEMBER 15, 1993 REGULAR MEETING
(Use this form ONLY for input on items on the prepared agenda
EXCE~ for public hearings which have their own signup sheets.
You will now speak immediately prior to the subject after being
recogniz!d/bY the Mayor.)
4TEM NO.: SS.~
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SUBJECT :
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ITEM NO.: 93.
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.... DUCTION OF NEW B__U.S~~
FROM THE PUBLIC
SIGNUP SHEET
DECEMBER 15, 1993 REGULAR CITY COUNCIL MEETING
(Use this for~/ONnY for presentation o.f matters ~OT on the
prepared ag~a. Introduction of Business from the Public is
last item? the agenda) ~ .
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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 15, 1993 - 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 Powell called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend James Thatcher,
Sebastian church of God.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also
Present:
city Clerk/Acting City Manager,
Kathryn M. O'Halloran
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
Personnel Director, Wendy Widmann
Deputy city Clerk, Sally Maio
Regular City Council Meeting
December 15, 1993
Page Two
5. AGENDA MODIFICATIONS (ADDITI.ONS 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).
The City Attorney requested that item 13.B.
Resolution No.. R-93-77 be deleted since there is no
resolution to present. City Council concurred.
The city Attorney requested that item 13.A.
Resolution No. R-93-76 be moved to item 6.A.
Council concurred.
City
Mayor Powell stated that County Commissioner Fran
Adams had requested an item for this agenda regarding
a letter of support from City Council.
Mr. Freeland requested that item 15.E.1. Endangered
Species Act be moved to item 6.B. City Council
concurred.
Commissioner Adams request was placed on the agenda
as item 6.C.
93.263
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
RESOLUTION NO. R-93-76 - GDU Facility Acquisition
Bond Restatement (Finance Director Transmittal
dated 12/9/93, R-93-76 [Documents Under Separate
Cover])
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SUPPLEMENTING ITS RESOLUTION NO. R-93-67 PERTAINING
TO THE DEFINITION OF AUTHORIZED INVESTMENTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
The city Attorney read Resolution No. R-93-76 by
title only.
MOTION by Oberbeck/Freeland
I would move to adopt Resolution R-93-76.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 3-2 (Corum, Damp - nay)
Regular City Council Meeting
December 15, 1993
Page Three
MOTION by Oberbeck/Freeland
I would now move to authorize the Mayor to sign
and City Clerk to attest it.
ROLL CALL:
Mrs. Corum - nay
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 3-2 (Corum, Damp - nay)
Arthur Ziev, Raymond James and Associates, addressed
city Council relative to final bonding figures.
93.369
B. Endangered Species Ac___~t (No Backup)
Mr. Freeland said he had invited Dale Ketchum of
Congressman Jim Bacchus' office to this meeting to
hear public concerns.
Peter Fallon, 12930 North A1A, Vero Beach; Wally
Kramer, Micco; Bill Rogers, 408 Ponoka Street,
Sebastian; Harry Thomas, 654 Balboa Street,
Sebastian; addressed City Council on the issue.
The Director of Community Development addressed Mr.
Ketchum on staff's position on the scrub jay issue,
recommending that, rather than ban permitting for
individual platted lots, the city look at city
properties and large subdivisions. He said he would
be bringing a proposal to the January workshop.
Dale Ketchum, District Director for Congressman Jim
Bacchus, said Mr. Bacchus represents the city on this
issue, and spoke on the intent of the Endangered
Species Act and the current effort to revise it.
TAPE I - SIDE II (7:49 p.m.)
Mr. Ketchum responded to Mrs. Corum's inquiry
relative to time frame for funding requests.
city Council discussion followed.
Regular City Council Meeting
December 15, 1993
Page Four
93.085
Commissioner Fran Adams Request Letter of Support
Re:
The City Clerk/Acting city Manager read a proposed
letter from Commissioner Fran Adams for Council
concurrence.
It was the consensus of City Council to concur with
the letter.
7. PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R~88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
RESOLUTION NO~ R-93-62 - Sebastian Lakes
Development Agreement - Continuation of 11/17/93
Hearing (Director of Community Development
Transmittal dated 12/7/93, R-93-62 w/Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT
AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR RECORDING;
PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED
DEVELOPMENT AGREEMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Advertised 11/3/93 and
11/10/93 Legal Notices, 11/10/93 1st Public Hearing,
11/17/93 2nd Public Hearing, Readvertised 12/8/93,
12/15/93 Continuation of Hearing)
4
Regular City Council Meeting
December 15, 1993
Page Five
93.330
93.351
Mayor Powell opened the public hearing at 8:09 p.m.
and the City Attorney read Resolution No. R-93-62 by
title only.
The Director of Community Development updated city
Council on the development agreement.
The City Attorney advised that staff is still working
on the utility service agreement for hearing at the
January 12, 1994 regular meeting, therefore, if
approved tonight, the development agreement should
not be executed until the utility agreement is
approved.
Barbara Hall, Greenburg - Traurig, addressed city
Council.
Mayor Powell closed the public hearing at 8:14 p.m..
MOTION by Oberbeck/Damp
I would move that we approve Resolution No. R-93-
62 Sebastian Lakes development agreement.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
8. 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 - 12/8/93 Regular Meeting
Bid Award - Basketball Courts - Regan Masonry -
$1.50 Per SF (city Engineer Transmittal dated
12/7/93, Bid Tabulation)
RESOLUTION NO. R-93-74 - First Amendment to
Little League Lease (City Clerk Transmittal dated
12/9/93, R-93-74, First Amendment, Lease
w/Schedule A)
5
Regular City Council Meeting
December 15, 1993
Page Six
93.365
93.366
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING AMENDING THE LEASE
AGREEMENT WITH SEBASTIAN RIVER AREA LITTLE LEAGUE,
INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN
THE PROPOSED FIRST AMENDMENT TO LEASE AGREEMENT
ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; PROVIDING
FOR ADDITION OF TWO FIELDS TO THE LEASED PREMISES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
De
Tozzolo Brothers Construction Co. - Specimen Tree
Removal Request - Three Pines - One Oak - Lot 12,
Block 112, SH Unit 2 (Director of Community
Development Transmittal dated 12/9/93,
Application, Survey)
Pay Scale for Three New Positions in Utilities
Department (Personnel Director Transmittal dated
12/9/93)
The City Clerk/Acting City Manager read the consent
agenda in its entirety, including the title for
R-93-74.
Mrs. Corum and Mrs. Damp removed item C, Mr. Oberbeck
removed item E.
MOTION by Oberbeck/Damp
I would move that we approve items A, B, and D of
the consent agenda.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
93.351
Item C - RESOLUTION NO. R-93-74
Mrs. Corum inquired about the concession inventory.
Mayor Powell said the Little League owns all property
in the concession except for permanent fixtures.
Mrs. Corum recommended a year to year automatically
renewable lease for fields three and four.
6
Regular City Council Meeting
December 15, 1993
Page Seven
Mrs. Damp expressed concern for utilizing fields
three and four exclusively for Little League.
MOTION by Corum/Damp
I make a motion to deny the twenty year lease for
fields three and four on Resolution No. R-93-74.
The City Attorney noted that the motion should be to
approve or deny Resolution No. R-93-74.
ROLL CALL:
Mayor Powell - nay
Mr. Oberbeck - nay
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - nay
MOTION FAILED 2-3 (Powell, Oberbeck, Freeland - nay)
MOTION by Freeland/Oberbeck
I would move that we adopt Resolution No. R-93-
74.
93.366
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 3-2 (Corum, Damp - nay)
Item E - Pay Scale for Three Ne___~w Positions i_Rn
Utilities Department
MOTION by Oberbeck/Freeland
I want to then move to approve item E with the
corrections as submitted by the Personnel Director.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Mayor Powell called recess at 8:30 p.m. and
reconvened the meeting at 8:45 p.m. Ail members were
present.
Regular City Council Meeting
December 15, 1993
Page Eight
93.367
9. PRESENTATIONS
None.
10. CiTY ATTORNEY MATTERS
11.
12.
The City Attorney reiterated his recommendation that
City Council direct staff to develop a white paper
advising the public on the airport charter revision,
and advised that he will be away for the January
workshop.
The Assistant city Attorney said he has discovered a
constitutional problem in restricting the number of
vehicles parked at a residence and that staff will
look at the issue further.
CITY MANAGER MATTERS
Report_- Supervisor o__f Elections Relocation of
Polling Place for Precinct 16 from Calvary
Baptist Church t__qo Elks Lodqe (City Clerk/Acting
city Manager Memo dated 12/7/93~ SOE Letter
dated 12/7/93~ Elks Letter dated 12/2/93)
The City Clerk/Acting City Manager reported on the
relocation of the Precinct 16 polling place to the
Sebastian Elks Lodge, and said Merry Christmas and
Happy chanukah to all in the public, staff and
Council.
COMMITTEE REPORTS/RECOMMENDATIONS
None.
13. OL~ BUSINESS
Items under this heading had been previously deleted
and moved on the agenda.
8
Regular City Council Meeting
December 15, 1993
Page Nine
14. NEW BUSINESS
93.337 A.
ORDINANCE NO. O-93-21 - Placing Referendum
Language on March 8, 1994 Ballot Re: Airport
- 2nd Draft (City Clerk Transmittal dated
12/7/93, City Attorney Letter dated 12/3/93,
Revised O-93-21)
1st Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; PROVIDING FOR REVISIONS
TO SECTION 1.02 OF THE CITY CHARTER TO DELETE
PORTIONS THEREOF WHICH WOULD INTERFERE WITH THE
IMPLEMENTATION OF THE MASTER PLAN FOR THE SEBASTIAN
MUNICIPAL AIRPORT; PROVIDING FOR THE DELETION OF THE
SECOND FULL PARAGRAPH OF PARAGRAPH (7) OF SECTION
1.02 OF THE CITY CHARTER; PROVIDING FOR THE DELETION
OF SUBSECTIONS (7.1), (7.2), (7.3), (7.4), (7.5)AND
(7.6) OF SECTION 1.02 OF THE CITY CHARTER IN THEIR
ENTIRETIES; PROVIDING FOR THE DELETION OF THE SECOND
FULL PARAGRAPH OF PARAGRAPH (10) OF SECTION 1.02 OF
THE CITY CHARTER; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE
TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE;
PROVIDING FOR A PUBLIC NOTICE OF SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-93-21 by title
only.
TAPE II - SIDE I (8:52 p.m.)
The Finance Director was excused from the meeting.
George Metcalf, 425 Pine Street, Sebastian, urged
passage.
The City Attorney said, although he had invited
input on the revision, he had received none since
the last meeting.
9
Regular City Council Meeting
December 15, 1993
Page Ten
The City Attorney read the ballot question for the
benefit of the public.
MOTION by Oberbeck/Damp
I would move that we approve Ordinance No. 0-93-
21 placing referendum language on the March 8, 1994
ballot re: airport and set public hearing for January
12, 1994.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
The City Attorney suggested that the Airport Manager
draft the white paper under the supervision of the
Acting City Manager.
93.124
ORDINANCE NO_ O-93-13 - Waterway Regulation
(Director of Community Development Transmittal
dated 12/7/93, Torpy Letter dated 11/1/93,
O-93-13)
1st Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING, IN ITS ENTIRETY, SECTION
20A-5.10 OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN PERTAINING TO REGULATION OF WATERWAYS,
WATERCRAFT AND MARINE RELATED STRUCTURES; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
The Assistant City Attorney read Ordinance No.
O-93-13 by title only and the Director of Community
Development gave a brief explanation.
MOTION by Oberbeck/Freeland
I would move that we approve ordinance No. 0-93-
13 and set public hearing for 1/12/94.
10
Regular city Council Meeting
December 15, 1993
Page Eleven
93.020
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
ORDINANCE NO... O-93-14 - Animal Regulations
(Director of Community Development Transmittal
dated 12/9/93, O-93-14)
1st Reading, Set Public Hearing 1/26/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 18, OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
ANIMALS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-93-14 by title
only.
Discussion followed on pot-belly pigs. The Assistant
City Attorney said if City Council is inclined to
allow pot-belly pigs, it hold a hearing and enter
reasons in the record why this type of animal should
be allowed.
MOTION by corum/Oberbeck
I make a motion that we accept the first reading
of Ordinance No. O-93-14 and set the public hearing
for 1/26/94.
Mr. Oberbeck expressed concern for 18-28 which allows
up to 10 small animals such as rabbits, gerbils, etc.
ROLL CALL:
Mayor Powell - nay
Mr. oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-1 (Powell - nay)
11
Regular City Council Meeting
December 15, 1993
Page Twelve
93.123 D.
ORDINANCE NO. O-93-18 - Sign Regulations
(Director of Community Development Transmittal
dated 11/17/93, O-93-18, Torpy Letter dated
11/1/93)
1st Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING DIVISION IV, ARTICLE XV,
SECTION 20A-15.1 ET. SEG., OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN PERTAINING TO SIGN
REGULATIONS IN ITS ENTIRETY; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The city Attorney read Ordinance No. O-93-18 by title
only.
The Director of Community Development gave a brief
explanation.
City Council discussion followed relative to leaving
real estate signs at 16 square feet. The City
Attorney said he would review the section relative to
special events signs.
Mr. Freeland excused from 9:40 to 9:41 p.m.
TAPE II - SIDE II (9:42 p.m.)
The City Attorney advised that the section relative
to special events should refer to Section 20A-15.5.
Mrs. Corum commented that, in her opinion, this
ordinance does not work to beautify the city.
The Director of Community Development said the
request for increase in size in real estate signs was
brought to him and not to Planning and Zoning.
12
Regular City Council Meeting
December 15, 1993
Page Thirteen
It was the consensus of City Council to leave real
estate signs at 16 square feet.
MOTION by Oberbeck/Corum
I move to approve first reading of Ordinance NO.
O-93-18 and set public hearing for January 12, 1994.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
93.300
Mr. Oberbeck excused from 9:49 p.m. to 9:54 p.m.
ORDINANCE NO. 0-93-20 - Drive-Through Facilities
(Director of Community Development Transmittal
dated 12/7/93, 0-93-20)
1st Reading, Set Public Hearing 1/12/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTIONS 20A-
3.9(C), 20A-6.1(C) (9) (a) AND 20A-6.1(C) (9) (b) (4) OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
PERTAINING TO CL, LIMITED COMMERCIAL DISTRICTS, BY
PERMITTING DRIVE-THROUGH FACILITIES AS CONDITIONAL
USES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-93-20 by title
only.
The Director of Community Development gave a brief
explanation.
MOTION by Freeland/Powell
I move to approve first reading of Ordinance No.
0-93-20 and set public hearing for January 12, 1994.
ROLL.CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
13
Regular City Council Meeting
December 15, 1993
Page Fourteen
93.368 F.
Reclassification Request for Clerical Assistant
II Position in the Utilities Department
(Utilities Director Transmittal dated 12/7/93,
Utilities Director Memo dated 11/8/93, Personnel
Action Form, Personnel Director Memo dated
11129/93)
The Utilities Director submitted additional backup
and offered justification for the upgrade.
City Council discussion followed.
The Personnel Director said she had reviewed this
position and stated that a clerical assistant II does
not'perform some of the duties that the person in
this position performs.
MOTION by Freeland/Oberbeck
I make a motion to deny the upgrade of
Administrative Assistant in the Utilities Department.
Discussion continued.
ROLL CALL:
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
MOTION CARRIED 3-2 (Damp, Corum - nay)
15. MAYOR AND CITY COUNCIL MATTERS
A. Mayor Lonnie R. Powell
Mayor Powell inquired about Golf Course resident
discount cards.
B. Vice-Mayor Frank Oberbeck
Mr. Oberbeck inquired about no trespassing signs at
Stonecrop Park.
C. Mrs. Carolyn Corum
Mrs. Corum recommended a city Arbor Day celebration,
said there are two in-ground diesel tanks at the water
and wastewater treatment plants that have not been
checked and recommended that samples be taken.
14
Regular city Council Meeting
December 15, 1993
Page Fifteen
The Utilities Director responded and noted that the
city does have an indemnification clause in the
purchase agreement.
D. Mrs. Norma Dam~
Mrs. Damp invited the public to the Handicapped Self-
Evaluation Committee meeting on January 5, 1994 in
the conference room.
E. Mr. Robert Freeland
Mr. Freeland wished everyone a merry christmas.
16.
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Herbert Sturm, 549 Saunders Street, Sebastian, spoke
on the 27 questions he has posed to City Council
regarding Code Enforcement.
17.
Mayor Powell adjourned the Regular Meeting at 10:30
p.m.
~~, ed at the ~ ~ ?
~~ /~ , 199~, city Council
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O~Hallorant
15