HomeMy WebLinkAbout12161991 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 18, 1991 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Chet Tokar - Sebastian
Christian Church
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
91.336
Presentation of Plaque to George Schum - Former
Handicapped-Self Evaluation Committee and Parks
and Recreation Committee Chairman
91.132
91.199
7. PUBLIC HEARING, FINAL ACTION
ORDINANCE NO. O-91-17 - Comprehensive Land Use
Plan
2ND PUBLIC HEARING, FINAL ADOPTION
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 IN COMPLIANCE WITH THE
STIPULATED SETTLEMENT AGREEMENT ENTERED INTO BETWEEN
THE CITY OF SEBASTIAN AND THE DEPARTMENT OF COMMUNITY
AFFAIRS ON JUNE 12, 1991; PROVIDING THAT A COPY OF
THE PROPOSED COMPREHENSIVE PLAN AMENDMENT BE
TRANSMITTED TO THE DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Advertised 1/4 page 5/29/91, 1st PH 6/12/91,
Transmittal to DCA 6/15/91, Advertised 1/4 page
12/11/91, 2nd PH and Adoption 12/18/91)
B. ORDINANCE NO. O-91-28 - Garage Sale Regulation
PUBLIC HEARING, FINAL ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 32 OF THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
PERTAINING TO THE REGULATION OF GARAGE SALES;
PROVIDING DEFINITIONS; SPECIFYING PERSONS EXEMPTED
FROM PROVISIONS OF CHAPTER 32; REQUIRING PERMIT;
PROVIDING PERMIT APPLICATION PROCEDURES AND FEE
THEREFORE; PROVIDING PERMIT CONDITIONS AND
RESTRICTIONS; REQUIRING DISPLAY OF PERMIT; REGULATING
PROPERTY PERMITTED TO BE SOLD; REGULATING HOURS OF
OPERATION; REGULATING WHERE PROPERTY MAY BE DISPLAYED
AND SOLD; REQUIRING CONTROL OF PARKING; IMPOSING
RESPONSIBILITY FOR CONDUCT OF SALE; PROVIDING REGU-
LATIONS GOVERNING THE NUMBER, LOCATION, SIZE AND
DURATION OF SIGNS ADVERTISING SALE; PROVIDING FOR
ENFORCEMENT; PROVIDING PENALTIES FOR VIOLATION;
PROVIDING FOR THE 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 10/23/91,
Advertised Legal Notices 12/11/91, PH 12/18/91)
8. PUBLIC INPUT ON AGENDA ITEMS
91.337
91.093
91.338
10.
11.
12.
9. CONSENT AGENDA
13.
14.
15.
16.
A. Approval of Minutes - 12/11/91 Regular Meeting
RESOLUTION NO. R-91-47 - Abandonment of Easement
- Lot 24, Block 293, Unit 11, SH
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE NORTH EIGHT FEET
OF THE REAR TWENTY FOOT EASEMENT OF LOT 24, BLOCK
293, UNIT 11, SEBASTIAN HIGHLANDS, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PBI 7-56C, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND
PROVIDING AN EFFECTIVE DATE.
Addendum to J & S Aviation Lease (City Manager
Recommendation dated 12/12/91, Addendum)
PRESENTATIONS
MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
A. PLANNING AND ZONING COMMISSION
Recommendation to Amend Land Development Code
Re: Child Care Facilities (Staff
Recommendation dated 12/12/91, P & Z Memo
dated 12/10/91, DCD Memo dated 11/18/91,
Ragsdale Letter dated 11/19/91, McCoy Letter
dated 11/20/91, Sembler Letter dated 12/4/91)
OLD BUSINESS
3
91.043
91.043
17. NEW BUSINESS
ORDINANCE NO. O-91-29 - Charter Amendments -
Gender-Neutral Language - 3/10/92 Referendum
(Staff Recommendation dated 12/12/91)
FIRST READING, SET PUBLIC HEARING 1/8/92
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 GENDER-
NEUTRAL LANGUAGE WITH RESPECT TO MEMBERS OF THE CiTY
COUNCIL; PROVIDING SPECIFICITY WITH RESPECT TO THE
TERM "COUNCIL"; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING 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 PUBLIC
NOTICE OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE NO. 0-91-30 - Charter Amendments -
Document Signatures, City Council Vacancies, City
Council Meetings, Appointment of Standing
Committees, Regular & Special Meetings, Election
Issues - 3/10/92 Referendum (Staff Recommendation
dated 12/12/91)
FIRST READING, SET PUBLIC HEARING 1/8/92
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; AMENDING SECTION 2.06
OF THE CITY CHARTER PERTAINING TO THE DUTIES OF THE
MAYOR AND THE ELECTION OF A VICE MAYOR; PROVIDING
THAT THE MAYOR MAY SIGN ALL CONTRACTS, BONDS,
DEBENTURES, FRANCHISES AND OFFICIAL DOCUMENTS ON
BEHALF OF THE CITY; AMENDING SECTION 2.08(C) OF THE
CITY CHARTER PERTAINING TO THE APPOINTMENT OF
SUCCESSORS TO FILL VACANT CITY OFFICES; AUTHORIZING
THE CITY COUNCIL TO APPOINT SUCCESSORS TO SERVE UNTIL
THE NEXT REGULARLY SCHEDULED MUNICIPAL ELECTION;
AMENDING SECTION 2.12 OF THE CITY CHARTER PERTAINING
TO REGULAR AND SPECIAL MEETINGS OF THE CiTY COUNCIL;
PROVIDING THAT THE CiTY COUNCIL SHALL PRESCRIBE THE
TIMES AND PLACES OF SUCH MEETINGS BY RESOLUTION;
AMENDING SECTION 2.16 OF THE CITY CHARTER PERTAINING
TO STANDING COMMITTEES; AUTHORIZING THE CITY COUNCIL
TO APPOINT STANDING COMMITTEES; CREATING A NEW
SECTION 3.04(g) OF THE CITY CHARTER PERTAINING TO THE
POWERS AND DUTIES OF THE CITY MANAGER; AUTHORIZING
THE CITY MANAGER TO SIGN ALL CONTRACTS, BONDS,
4
91.304
91.339
91.340
18.
Golf Course Bond Refunding - Approval of
Underwriter - Barnett Bank - $19,902.35 Expected
Fee (Staff Recommendation dated 12/12/91)
Street Improvement Program - FY 91/92 (Staff
Recommendation dated 12/12/91, City Engineer Memo
dated 12/12/91, Street Improvement Spread Sheet/Maps
City Planner - Florida Communities Trust P2000
Preservation 2000 Grant for Scrub Habitat (Staff
Recommendation dated 12/12/91, DCA Application
Info, Map)
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
OtherWise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
91.341 A.
Ron Harsh - Request Use of Riverview Park and
Barber Street Sports Complex on April 11, 1992 -
Sebastian River Classic Car Show and 5-K Run
(Staff Recommendation dated 12/12/91, Harsh
Letter dated 12/10/91)
19. 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.)
DECEMBER 18, 1991 REGULAR MEETING
PUBLIC INPUT ON AGENDA.ITEMS
SIGNUP SHEET
NAME:
ADDRESS:
SUBJECT:
ADDRESS:
SUBJECT:
~~AME:
NAME:
ADDRESS:
SUBJECT:
1
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
L)ec./?.
an ¢__,X'~-, m/o )e,
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 18, 1991 - 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 Reverend Chef Tokar, Sebastian
Christian Church.
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Peter Holyk
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman George Reid
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Finance Director, Mike Hudkins
City Planner, Catherine Hilton
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
December 18, 1991
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
91.336 A.
91.132
Presentation of Plaque to George Schum_- Former
Handicapped-Self Evaluation Committee and Parks
and Recreation Committee Chairman
Mayor Conyers presented a plaque to George Schum to
honor him for his many contributions to the city.
7. PUBLIC HEARING, FINAL ACTION
ORDINANCE NO. 0-91-17 - Comprehensive Land Use
Plan
2ND PUBLIC HEARING, FINAL ADOPTION
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 IN COMPLIANCE WITH THE
STIPULATED SETTLEMENT AGREEMENT ENTERED INTO BETWEEN
THE CITY OF SEBASTIAN AND THE DEPARTMENT OF COMMUNITY
AFFAIRS ON JUNE 12, 1991; PROVIDING THAT A COPY OF
THE PROPOSED COMPREHENSIVE PLAN AMENDMENT BE
TRANSMITTED TO THE DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Advertised 1/4 page 5/29/91, 1st PH 6/12/91,
Transmittal to DCA 6/15/91, Advertised 1/4 page
12/11/91, 2nd PH and Adoption 12/18/91)
The City Attorney read Ordinance No. O-91-17 by title
only.
Mayor Conyers opened the public hearing at 7:06 p.m.,
however, being no input, he closed it.
Regular City Council Meeting
December 18, 1991
Page Three
91.199
MOTION by Oberbeck/Holyk
I move we adopt Ordinance NO. O-91-17.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
B. ORDINANCE NO. O-91-28 - Garage Sale Regulation
PUBLIC HEARING, FINAL ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 32 OF THE
CODE OF ORDINANCES OF THE CiTY OF SEBASTIAN,
PERTAINING TO THE REGULATION OF GARAGE SALES;
PROVIDING DEFINITIONS; SPECIFYING PERSONS EXEMPTED
FROM PROVISIONS OF CHAPTER 32; REQUIRING PERMIT;
PROVIDING PERMIT APPLICATION PROCEDURES AND FEE
THEREFORE; PROVIDING PERMIT CONDITIONS AND
RESTRICTIONS; REQUIRING DISPLAY OF PERMIT; REGULATING
PROPERTY PERMITTED TO BE SOLD; REGULATING HOURS OF
OPERATION; REGULATING WHERE PROPERTY MAY BE DISPLAYED
AND SOLD; REQUIRING CONTROL OF PARKING; IMPOSING
RESPONSIBILITY FOR CONDUCT OF SALE; PROVIDING REGU-
LATIONS GOVERNING THE NUMBER, LOCATION, SIZE AND
DURATION OF SIGNS ADVERTISING SALE; PROVIDING FOR
ENFORCEMENT; PROVIDING PENALTIES FOR VIOLATION;
PROVIDING FOR THE 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 10/23/91,
Advertised Legal Notices 12/11/91, PH 12/18/91)
The City Attorney read Ordinance No. 0-91-28 by title
only.
Mayor Conyers opened the public hearing at 7:08 p.m.
J.W. Thompson, 125 Main Street, Sebastian,
recommended the deletion of sections pertaining to
permitting.
3
Regular City Council Meeting
December 18, 1991
Page Four
Mayor Conyers read a letter from Carolyn Corum, 881
Dolores Street, Sebastian, into the record (see
attached).
Mayor Conyers closed the public hearing at 7:15 p.m.
MOTION by Oberbeck/Powell
I move to adopt the ordinance.
A brief discussion followed.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
nay
MOTION CARRIED 4-1.
8. PUBLIC INPUT ON AGENDA ITEMS
Several people who had signed the input sheet
requested to speak during the appropriate agenda
item.
Betty Hamer, 761 Bay Harbor Terrace, Sebastian,
opposed day-care facilities in residential areas;
Louise Cartwright, 785 Bay Harbor Terrace, Sebastian
presented a petition opposing reduction of day-care
outdoor area to HRS levels and read a letter into the
record (see attached); A1Vilardi, 445 Georgia
Boulevard, Sebastian, opposed the acquisition of
scrub land with taxpayer's money and opposed
reduction in day-care outdoor area to HRS levels;
Shirley Kilkelly, 950 Franciscan Avenue, Sebastian,
opposed a change in the code regarding day-care.
Mayor Conyers called recess at 7:54 p.m. and
reconvened the meeting at 8:04 p.m. Ail members were
present.
MOTION by Oberbeck/Reid
I move to defer to a later date based on the fact
that there is additional information available that
has not been afforded to Council.
4
Regular City Council Meeting
December 18, 1991
Page Five
91.337
91.093
Discussion followed on the multitude of letters
received both for and against the amendment
subsequent to agenda packet distribution. It was
decided to hear those people who signed up to speak
to the matter prior to making a decision to defer
MOTION and SECOND were withdrawn.
Claudia McNulty, Indian River County School Board,
concurred with the proposed amendment to day-care
outdoor area.
9. CONSENT AGENDA
A. Approval of Minutes - 12/11/91 Regular Meeting
B. RESOLUTION NO. R-91-47 - Abandonment of Easement
- Lot 24, Block 293, Unit 11, SH
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE NORTH EIGHT FEET
OF THE REAR TWENTY FOOT EASEMENT OF LOT 24, BLOCK
293, UNIT 11, SEBASTIAN HIGHLANDS, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PBI 7-56C, PUBLIC RECORDS
OF iNDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND
PROVIDING AN EFFECTIVE DATE.
Addendum to J & S Aviation Lease (City Manager
Recommendation dated 12/12/91, Addendum)
Mayor Conyers read the consent agenda in its
entirety.
MOTION by Oberbeck/Holyk
I move to approve the consent agenda.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
5
Regular City Council Meeting
December 18, 1991
Page Six
10.
11.
12.
PRESENTATIONS
None.
MAYOR'S MATTERS
Mayor Conyers inquired as to whether staff had
thought about a location for the city's proposed
sewer plant, requested a date for the Elkcam
Waterway Dam report and wished everyone a good
Christmas.
COUNCIL MATTERS
A. Vice Mayor Oberbeck
In response to Vice Mayor Oberbeck, the City Manager
explained how the list of recipients of airport
surveys was compiled and assured him that Pat Bidol
was aware of the procedure.
Vice Mayor Oberbeck wished everyone a happy holiday.
B. Councilman Holyk
Councilman Holyk said he would like to hear from the
public relative to day-care facilities and that it
was unfortunate all Councilman were not afforded all
information, and said that although efforts to seek
private funding for a city Christmas party did not
materialize this year, he'd like to see an effort
made for next year.
C. Councilman Powell
Councilman Powell extended his wishes for a Merry
Christmas to all.
D. Councilman Reid
Councilman Reid inquired as to the status of the
Point-O-Woods deannexation, and wished everyone a
Merry Christmas. The City Manager said the Director
of Community Development was conducting a study and
would report to Council.
6
Regular City Council Meeting
December 18, 1991
Page Seven
91.043
13.
14.
CITY ATTORNEY MATTERS
The City Attorney wished everyone a happy holiday,
said the engineer hired to study the Elkcam Waterway
Dam would report to Council on January 8, 1992 and
said he (Mr. Nash) would not be in attendance at that
meeting.
CITY MANAGER MATTERS
The City Manager reported that an agreement with GDC
is imminent and recommended that although an
environmental report was submitted by GDC finding the
commercial tract adjacent to Barber Street Sports
Complex clean, the city should conduct its own test.
Council concurred.
A special meeting was called on Monday, December 30,
1991 at 6:00 p.m. to approve the agreement.
Councilman Powell was excused from 8:44 p.m. to 8:46
p.m.
At this time, Mayor Conyers requested to move items
17 A, B and C to this area. Council concurred.
17. NEW BUSINESS
ORDINANCE NO. O-91-29 - Charter Amendments -
Gender-Neutral Language - 3/10/92 Referendum
(Staff Recommendation dated 12/12/91)
FIRST READING, SET PUBLIC HEARING 1/8/92
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 GENDER-
NEUTRAL LANGUAGE WITH RESPECT TO MEMBERS OF THE CITY
COUNCIL; PROVIDING SPECIFICITY WITH RESPECT TO THE
TERM "COUNCIL"; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING 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 PUBLIC
NOTICE OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE
DATE.
7
Regular City Council Meeting
December 18, 1991
Page Eight
The City Attorney read Ordinance No. O-91-29 by title
only.
MOTION by Holyk/Powell
I move we accept the first reading of Ordinance
No. 0-91-29 and set the public hearing for January 8,
1992.
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
91.043
ORDINANCE NO. 0-91-30 - Charter Amendments -
Document Signatures, City Council Vacancies, City
Council Meetings, Appointment of Standing
Committees, Regular & Special Meetings, Election
Issues - 3/10/92 Referendum (Staff Recommendation
dated 12/12/91)
FIRST READING, SET PUBLIC HEARING 1/8/92
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; AMENDING SECTION 2.06
OF THE CITY CHARTER PERTAINING TO THE DUTIES OF THE
MAYOR AND THE ELECTION OF A VICE MAYOR; PROVIDING
THAT THE MAYOR MAY SIGN ALL CONTRACTS, BONDS,
DEBENTURES, FRANCHISES AND OFFICIAL DOCUMENTS ON
BEHALF OF THE CITY; AMENDING SECTION 2.08(c) OF THE
CITY CHARTER PERTAINING TO THE APPOINTMENT OF
SUCCESSORS TO FILL VACANT CITY OFFICES; AUTHORIZING
THE CITY COUNCIL TO APPOINT SUCCESSORS TO SERVE UNTIL
THE NEXT REGULARLY SCHEDULED MUNICIPAL ELECTION;
AMENDING SECTION 2.12 OF THE CITY CHARTER PERTAINING
TO REGULAR AND SPECIAL MEETINGS OF THE CITY COUNCIL;
PROVIDING THAT THE CITY COUNCIL SHALL PRESCRIBE THE
TIMES AND PLACES OF SUCH MEETINGS BY RESOLUTION;
AMENDING SECTION 2.16 OF THE CITY CHARTER PERTAINING
TO STANDING COMMITTEES; AUTHORIZING THE CITY COUNCIL
TO APPOINT STANDING COMMITTEES; CREATING A NEW
SECTION 3.04(g) OF THE CITY CHARTER PERTAINING TO THE
POWERS AND DUTIES OF THE CITY MANAGER; AUTHORIZING
THE CITY MANAGER TO SIGN ALL CONTRACTS, BONDS,
8
Regular City Council Meeting
December 18, 1991
Page Nine
91.043
DEBENTURES, FRANCHISES AND OFFICIAL DOCUMENTS ON
BEHALF OF THE CITY; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING 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 PUBLIC
NOTICE OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE
DATE.
The City Attorney read Ordinance No. O-91-30 by title
only.
Vice Mayor Oberbeck was excused from 8:52 p.m. to
8:55 p.m.
MOTION by Powell/Holyk
I move we accept the first reading of Ordinance
No. O-91-30 and set the public hearing for January 8,
1992.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
absent
aye
MOTION CARRIED 4-0. (Vice Mayor Oberbeck - excused
absence for this vote)
ORDINANCE NO. 0-91-31 - Charter Amendments -
Elections - 3/10/92 Referendum (Staff
Recommendation dated 12/12/91)
FIRST READING, SET PUBLIC HEARING 1/8/92
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; AMENDING 4.06 OF THE
CITY CHARTER PERTAINING TO ELECTION PRECINCTS AND
POLLING PLACES; PROVIDING THAT ELECTION PRECINCTS AND
POLLING PLACES SHALL BE ESTABLISHED BY THE SUPERVISOR
OF ELECTIONS FOR INDIAN RIVER COUNTY, FLORIDA;
AUTHORIZING THE CITY COUNCIL TO ESTABLISH ELECTION
PRECINCTS AND POLLING PLACES IN THE EVENT THE
SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY FAILS
9
Regular City Council Meeting
December 18, 1991
Page Ten
TO PERFORM SUCH DUTIES; AMENDING SECTION 4.07 OF THE
CITY CHARTER PERTAINING TO THE ADOPTION OF NECESSARY
ARRANGEMENTS FOR HOLDING ALL CITY ELECTIONS;
PROVIDING THAT THE CITY COUNCIL SHALL MAKE ALL THE
NECESSARY ARRANGEMENTS FOR CITY ELECTIONS IN
CONJUNCTION WITH THE CITY CLERK THROUGH RESOLUTION;
AMENDING SECTION 4.08 OF THE CITY CHARTER PERTAINING
TO THE CANVASSING OF ELECTION RETURNS; AUTHORIZING
THE CITY CLERK TO APPOINT A CITY ELECTION CANVASSING
BOARD IN THE EVENT THE SUPERVISOR OF ELECTIONS FOR
INDIAN RIVER COUNTY, FLORIDA, FAILS TO APPOINT SUCH A
BOARD; PROVIDING PROCEDURES FOR CONVENING THE CITY
CANVASSING BOARD AND RECORDING RESULTS OF THE BOARD;
PROVIDING FOR A SPECIAL MEETING OF THE CITY COUNCIL
FOR THE PURPOSES OF RECEIVING RESULTS OF THE CITY
CANVASSING BOARD, DECLARING ELECTION RESULTS AND
ADMINISTERING OATHS OF OFFICE TO NEWLY ELECTED
OFFICIALS; AMENDING SECTION 4.09 OF THE CITY CHARTER
PERTAINING TO BALLOTS; PROVIDING THAT BALLOTS SHALL
CONFORM TO THE FORM OF BALLOTS PRESCRIBED BY THE
GENERAL ELECTION LAW OF THE STATE OF FLORIDA;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL
BE CONDUCTED; PROVIDING 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 PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-91-31 by title
only.
MOTION by Holyk/Oberbeck
I move we accept the first reading of Ordinance
No. O-91-31 and set the public hearing for January 8,
1992.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
10
Regular City Council Meeting
December 18, 1991
Page Eleven
91.338
15. COMMITTEE REPORTS/RECOMMENDATIONS
Councilman Powell announced that this month's County
Land Acquisition meeting had been cancelled. Mayor
Conyers announced that the County Transportation
Planning Committee meeting had been cancelled.
A. PLANNING AND ZONING COMMISSION
Recommendation to Amend Land Development Code
Re: Child Care Facilities (Staff
Recommendation dated 12/12/91, P & Z Memo
dated 12/10/91, DCD Memo dated 11/18/91,
Ragsdale Letter dated 11/19/91, McCoy Letter
dated 11/20/91, Sembler Letter dated 12/4/91)
John Dean, Architect for the Learning Nest, supported
the recommended change in the Land Development Code
relative to day-care outdoor area and stated that the
Learning Nest is planning an area double the state
standard.
Marlene Andrews, co-owner of the Learning Nest, read
certain letters in support of the amendment into the
record (see attached).
Rene Van de Voorde, Attorney for the Learning Nest,
urged that those in favor of the change be given the
opportunity to address Council.
Dennis Faillace, 1056 Evernia Street, Sebastian,
supported the Learning Nest.
Donna Skinner, Roseland Road, Sebastian, opposed
using HRS standards.
Patricia Lundell, co-owner of Learning Nest,
supported the ordinance change.
Bob McCarthy, 222 Fig Street, Sebastian, opposed the
ordinance change.
Kim Elsessor, teacher at Learning Nest, supported the
ordinance change.
Chet Tokar, 111Hinchman, Sebastian, opposed the
ordinance change.
11
Regular City Council Meeting
December 18, 1991
Page Twelve
16.
Each Council member expressed his position on the
proposed ordinance amendment.
MOTION by Holyk/Reid
I move to amend the Land Development Code such
that it is two times the existing HRS code of the
State of Florida.
The City Manager remarked that Representative Sembler
had called him today to say that his letter supports
affordable childcare in general and in no way
dictates what standards should be nor supports any
particular day-care facility.
Councilman Holyk clarified that the intent of his
motion is that the city's outside standard would be
double the state standard at any given time.
Councilman Reid withdrew his second.
The City Attorney said Council may have a problem by
simply doubling the HRS standard and questioned what
will happen if HRS lowers their standard. He
recommended using a specific square foot standard.
Councilman Holyk withdrew his motion and restated it
as follows:
MOTION by Holyk/Reid
We want the standard to be 45 square feet per
child.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
MOTION CARRIED 4-1 (Oberbeck - nay)
aye
nay
aye
aye
aye
(The implied instruction is for the City Attorney to
draft an ordinance)
OLD BUSINESS
None.
12
Regular City Council Meeting
December 18, 1991
Page Thirteen
91.304 D.
91.339
Golf Course Bond Refunding - Approval of
Underwriter - Barnett Bank - 819,902.35 Expected
Fee (Staff Recommendation dated 12/12/91)
Vice Mayor Oberbeck was excused from 9:58 p.m. to
10:03 p.m.
Following a brief presentation by the Finance
Director motion was made.
MOTION by Holyk/Reid
I move to approve the Golf Course bond refunding
and approval of the underwriter Barnett Bank in the
amount of $19,902.35.
The Finance Director explained that it is the
percentage rate that is being requested.
Councilman Holyk and Councilman Reid withdrew motion
and second.
MOTION by Holyk/Reid
I move to approve the Golf Course bond refunding
with approval of the underwriter Barnett Bank not to
exceed a rate of 0.87% with the expected fee
currently of $19,902.35.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Street Improvement Program - FY 91/92 (Staff
Recommendation dated 12/12/91, City Engineer Memo
dated 12/12/91, Street Improvement Spread Sheet/Maps
FOllowing a brief discussion, recommendation from the
City Manager to use the balance of budgeted funds for
bikepaths and bridge repairs at a later date,
suggestion to paint white lines adjacent to the
bikepaths on Easy Street and input from the City
Engineer motion, was made.
13
Regular City Council Meeting
December 18, 1991
Page Fourteen
91.340
MOTION by Holyk/Oberbeck
I move to accept the Street Improvement Program
for fiscal year 91/92 in the amount of S210,000.
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
City Planner - Florida Communities Trust P2000
Preservation 2000 Grant for Scrub Habitat (Staff
Recommendation dated 12/12/91, DCA Application
Info, ~
Fred Mensing, Roseland, recommended that if not
purchased the area be down zoned from industrial.
Carolyn Corum, 881 Dolores Street, Sebastian, read a
letter into the record (see attached) urging approval
of the purchase of scrub land.
Each Council member expressed his position on the
matter.
MOTION by Oberbeck/Powell
I move to deny it.
The City Manager said he didn't believe the city was
the appropriate sponsor of this application, however,
he commended the City Planner on her efforts.
Councilman Holyk requested that the motion contain
language to add that a letter be sent to Indian River
County to recommend that they pursue this. It was
not added.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
nay
aye
nay
aye
aye
MOTION CARRIED 3-2 (Reid, Holyk - nay)
14
Regular City Council Meeting
December 18, 1991
Page Fifteen
91.341
18.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
Ron Harsh - Request Use of Riverview Park and
Barber Street Sports Complex on April 11, 1992 -
Sebastian River Classic Car sh6w and 5-K Run
(Staff Recommendation dated 12/12/91, Harsh
Letter dated 12/10/91)
Vice Mayor Oberbeck inquired as to the need for
insurance and/or a hold harmless agreement. Time ran
out during this discussion, therefore, it will be
addressed at the January 8, 1992 regular meeting.
19. Mayor Conyers adjourned the meeting at 10:30 p.m.
Approved at the~.~ ~
Kathrsm% M. O'Halloran, City Clerk
· 1992~/~_;~C~/' Council Meeting/
W. . Conyers./Ma¥or
/
15
Carolyn Corum
881 Dolores Street
Sebastian, Florida
December 16, 1991
32958
Mr. Mayor, Vice Mayer and Councilmen:
People, including myself, are trying to sway your thinking by speaking
with you.
Many times i've done this. I don't always say the right things. I
have made every one of you mad at me at one time or another. Good things
can come from anger after you cool down. At this cool down point, we
realize we now know more than before.
This land preservation issue before you tonight is a once in a
lifetime opportunity. This is a "real" piece of Sebastian.
The city is being asked for 25% of the purchase price. The state has
this program, Preservation 2000, to give money to purchase environmentally
sensitive lands. Scrub habitat is endangered land. This is what
Preservation 2000 is all about.
You are governing Sebastian at a critical time. We are a small town
but growing rapidly. We should be thankful we have the foresight to see
Sebastian's growth. Land purchase opportunities keep coming before you.
We can't buy them all. Just 25% of the original price is required. A
small price to pay for the benefits we will receiye. I could talk for a
week about these benefits. In the past, you have heard me speak about
OAquifer Recharge Areas, threatened and endangered species, and our
children's heritage. I haven't until now mentioned the medicinal benefits
of scrub.
visiting biologists have been inspecting our scrub.
research, IR-1 is known.
In the world of
Our children and children's children deserve to have a piece of
Sebastian's scrub habitat. We should not second-guess the people of the
future by thinking they will only be interested in the riverfront. They
should not be stifled in this way. Our future generations, our geniuses,
our babies, our older folk - everyone will benefit from a preserve.
The pollen, the hormones, scrub is a habitat waiting to be studied.
As we speak, research is being conducted in scrub. As these researchers
study, they pass on their findings to the future. The future deserves the
opportunity to pick up where others leave off. This scrub land is
invaluable.
Sebastian is surpassing Vero Beach. Talk now is Sebastian. Sebastian
has space. Sebastian has scrub lands. Vero has concrete where scrub lands
once were. Sebastian is becoming the rose of the. county. We will be the
envy of all. We are growing rapidly and we can grow in the right
direction.
I don't know what you need to hear. I assume your biggest concern is
money- Granted money should be a big concern. It's your job to spend our
money. This purchase would be asking the city for only 25% of the cost.
Even the thriftiest of us can see that's a good deal.
rolyn Corum