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HomeMy WebLinkAbout08251999SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 25, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL ,4 GENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit often minutes per speaker (R-99-21) 99.167 99.168 99.169 2. 3. 4. 5. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Reverend Nicholas Godun - Roseland Methodist Church (New to Our Area) ROLL CALL AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS} Items not on the written agenda may be added only upon a majoriO, vote of Cit), Council members (~-99-21) PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. Presentation of Certificates to Sebastian River Area Senior League Girls Age 14 & 15 - Section Two Champions B. Presentation by Rotary Club - Riverfront Cleanup Service Project (City Manager Memo 8/18/99, Rauth Memo 8/16/99 w/Attachments) C. Presentation by Gehring Group of West Palm Beach - Employee Health Benefits Proposal 98.107 99.170 99.171 11. CITY ATTORNEY MATTERS CITY MANAGER MATTERS A. Discuss False Alarm Ordinance CITY CLERK MATTERS CITY COUNCIL MATTERS A. Mayor Wininger B. Vice Mayor Neuberger C. Mr. Barczyk D. Mr. Bishop E. Mr. Majcher CONSENT AGENDA ,'Ill items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member ofCiO~ Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 8/11/99 Regular, 8/18/99 Budget Workshop B. Welcome Wagon Club of Sebastian - Request for Use of Electricity in Riverview Park - Octoberfest Picnic for Members - 10/20/99 - 9 am to 2 pm - Electricity (City Clerk Transmittal 8/5/99, Moore Letter) C. Pelican Island Preservation Society, Inc. - Request for Use of Riverview Park - 97th Anniversary Celebration Pelican Island Day Event - Sunday - 3/12/2000 - 9 am to 5 pm - Electricity - Established Standard Conditions (City Manager Transmittal 8/17/99, Davies Letter) 2 99.154 99.078A 99.078B 99.155 99.156 99.157 12. PUBLIC HEARING Procedures for public hearings: (R-99-21) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · StaffPresentation · Public Input - Limit ofTen Minutes Per Speaker · StaffSummation · Mayor Closes Hearing · CouncilAction Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record Ao Ordinance No. O-99-06 - Amending Chapter 66 Nuisance - Second Reading and Public Hearing (Ci _ty Attorney_ Transmittal 7/28/99. P & Z Minutes. 0-99-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 66, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 7/28/99, Advertised Legal 8/11/99, PH and Adoption 8/25/99) Bo Ordinance No. O-99-07 - Amending Comprehensive Land Use Plan for Surplus Cemetery_ Property_ West of US 1 from Institutional to Riverfront Mixed Use - Second Reading and Public Hearing (Small Scale) (Ci _ty Attorney Transmittal 7/22/99. Staff Report. Map. P & Z Minutes O-99-07~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO RMU (RIVERFRONT MIXED-USE) FROM INS (INS~ONAL) FOR LAND CONSISTING OF 1.02 ACRES, MORE OR LESS, BEING A PORTION OF LOT 27, TOWN OF WAUREGAN PLAT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 7/28/99, Letter to Property Owner Mailed, Adverlised Legal 8/10/99, Letters to Adjacent Propen~y Owners Mailed, Hearing and Adoption 8/25/99) Co Ordinance No. 0-99-08- Rezoning Sur9_ lus Cemete _fy Property_ West of US 1 from Public Service to Commercial General - Second Reading and Public Hearing (Ci _ty Attorne_v Transmittal 7/22/99. Staff Report. Map. P & Z Minutes. 0-99-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY CONSTITUTING A PORTION OF LOT 27, TOWN OF WAUREGAN, CONTAINING 1.02 ACRES MORE OR LESS, FROM PS (PUBLIC SERVICE) TO CG (COMMERCIAL GENERAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.(Ist Reading 7/28/99, Letter to Property O~vner Mailed, Advertised Legal 8/10/99, Letters to Adjacent Property Owners Mailed, Hearing and Adoption 8/25/99) D° Ordinanc~ NO, 0-99-09 - Amending Lo.n(] Dcvcl0pment Code to Allow RV Storage in R-MH District - Second Public Hearing (Ci _ty Attorne_v Transmittal 7/22/99. P & Z Minutes. 0-99-09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY CREATING SECTION 20A-3.7.G, COMMON VEHICUL.M~ STORAGE AREAS WITHIN THE R-MH ZONING DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.(Ist Reading 7/28/99, Advertised Display 8/3/99, 1st Hearing 8/11/99, Adveflised 8/18/99, 2nd Hearing and Adoption 8/25/99) E° Ordinance No, 0-99-10 - Amending Land Development Code to Tighten Rules for Accessory_ Buildings - Second Reading and Public Hearing (Ci _ty Attorney Transmittal 7/22/99. P & Z Minutes Q-99-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, SECTION 20A-5.7, ACCESSORYBUILDINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.(Ist Reading 7/28/99, Advertised Legal 8/11/99, Hearing and Adoption 8/25/99) Ordinance No. O-99-11 - Amending Riverfront District Waivers - Second Reading and Public Hearing (Ci _ty Attorne_v Transmittal 7/22/99. P & Z Minutes. O-99-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-19.4D OF LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDINO FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN E~ DATE.(Ist Reading 7/28/99, Advertised Legal 8/11/99, Hearing and Adoption 8/25/99) 13. 14. 15. 16. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS Nl~W BUSINESS 99.169 A. 99.172 B. 99.173 C. 99.174 D. 17. Employee Health Benefits Proposal (8/18/99 City Manager Memo, 8/19/99 Finance Director Memo, 8/19/99 Insurance Team Memo, Evaluation Point Summaries, Proposals Distributed Under Separate Cover) Approve Interlocal Cost Share Agreement with Indian River County for Paving Vocelle Avenue (Public Works Transmittal 8/17/99, Interlocal Agreement) Approve Extraordinary Procurement of Golf Course Batteries and Repair from Custom Carriages, Inc. in the Amount of $6,500.00 (City Manager Transmittal 8/18/99, Procurement Certificate) Ordinance No. O-99-13 - Manager Responsibility Over Personnel Administration (City Attorney Transmittal 8/19/99, 0-99-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTERS 2 AND 26 TO REFLECT CITY MANAGER AUTHORITY OVER PERSONNEL MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Counci0 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 VERBAT134 RECORD OF THE PROCEEDINGS IS MADE, I47tlCH RECORD INCLUDES THE TESTI3dONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105F. 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. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetines: o Regular Meeting - Wednesday, 9/8/99 - 7pm · SpecialMeetingfor 1st Budget Hearing- Thursday, 9/9/99- 7pm · Regular Meeting/2nd Budget Hearing - Wednesday, 9/22/99 - 7pm · Regular Meeting - Wednesday, 10/13/99 - 7pm · Regular Meeting - Wednesday, 10/27/99 - 7pm 4 99.154 A. AUGUST 25, 1999 CITY COUNCIL PUBLIC HEARINGS Ordinance No. 0-99-06 - Amending Chapter 66 Nuisance AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 66, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 7/28/99, Advertised Legal 8/11/99, PH and Adoption 8/25/99) Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: 99.078A B. Ordinance No. 0-99-07 - Amending Comprehensive Land Use Plan for Surplus Cemetery_ Property_ West of US 1 from Institutional to Riverfront Mixed Use AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FI. rrURE LAND USE MAP TO R_MU (RIVERFRONT MIXED-USE) FROM INS (INSTITUTIONAL) FOR LAND CONSISTING OF 1.02 ACRES, MORE OR LESS, BEING A PORTION OF LOT 27, TOWN OF WAUREGAN PLAT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFEC'ITqE DATE. (1 st Reading 7/28/99, Letter to Property Owner Mailed, Advertised Legal 8/10/99, Let~rs to Adjacent Prop~ty Owners Mailed, Hearing and Adoption 8/25/99) Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: 99.078B C. Nalne~ Address: Ordinance No. O-99-08- Rezoning Surplus Cemete _ry Property_ West of US 1 from Public Service to Commercial General (QUASI-JUDICIAL) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY CONSTITLrlING A PORTION OF LOT 27, TOWN OF WAUREGAN, CONTAINING 1.02 ACRES MORE OR LESS, FROM PS (PUBLIC SERVICE) TO CA} (COMMERCIAL GENERAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN E~ DATE.(lst Reading 7/28/99, Letler to hop,my Owner Mailed, Adv~tised Legal 8/10/99, Letters to Adjacent Properly Owners Mail~l, Heating and Adoption 8/25/99) Name: Address: Name~ Address: mam¢~ Address: Name~ Address: Same~ Address: CONTINUED ON NEXT PAGE 99.~55 D. Name~ Ad&ess: Ordinance No. 0-99-09 - Amending Land Development Code to Allow RV Storage in R-MH District AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY CREATING SECTION 20A-3.7.G, COMMON VEHICULAR STORAGE AREAS WITHIN THE R-MIt ZONING DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFEC'rIVE DATE.Oat R~ading 7/28299, Adv~tised Display 8/3/99, l~t Hearing 8/11/99, Advertised 8/18D9, 2nd Hearing and Adoptioa 8/25/99) Name: Ad&ess: Name: Name: Ad&ess: Address: Name: Name: Ad&ess: Ad&ess: 99A56 E. Ordinance No. O-99-10 - Amending Land Development Code to Tighten Rules for Accesso _ry Buildings AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, SECTION 20A-5.7, ACCESSORYBUILDINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.(lst Reading 7/28/99, Advertised Legal 8/11/99, Hearing and Adoption 8/25/99) Name: Name: Ad&ess: Ad&ess: Name: Name: Ad&ess: Ad&ess: Name: Name: Ad&ess: Ad&ess: 99.157 F. Ordinance No, O-99-11 - Amending Riverfront District Waivers Name~ Ad&ess: AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- 19.4D OF LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.(Ist Reading 7/28/99, Advextised Legal 8/11/99, Heating and Adoption 8/25/99) Name: Ad&ess: Name ~ Ad&ess: Name: Ad&ess: Name~ Ad&ess: Name~ Ad&ess: INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months AUGUST 25, 1999 REGULAR MEETING USE mis FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA -LIMIT OF 10 MINUTES PER SPEAKER Name: Address: Subject: Name: Address: Subject: Address: Subject: Name: Address: Subject: Name: Address: Subject: SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 25, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Vice Mayor Neuberger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Reverend Nicholas Godun, Roseland Methodist Church. ROLL CALL City Council Present: Vice Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. Ci_ty Council Absent: Mayor Martha S. Wininger (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Assistant to City Manager, Paul Wagner Finance Director, Mark Mason Public Works Director, Terry Hill Human Resources Director, Rich Samolewicz Deputy City Clerk, Sally Maio Aegular Council Meeting City ugust 25, 1999 Page Two 99.167 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS} Items not on the written agenda may be added on~, upon a majority vote of City Council members (R-99-21) It was the consensus of City Council to move item 16A 99.169 Employee Health Benefits Proposal to 6D. The City Manager requested that item 16C 99.175 Approve Extraordinary Procurement of Golf Course Batteries and Repair from Custom Carriages, Inc. in the Amount of $6,500. O0 be removed from the agenda due to the fact that Club Car will pay for the golf cart batteries. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. Presentation of Certificates to Sebastian River Area Senior League Girls Age 14 & 15 - Section Two Champions Vice Mayor Neuberger presented certificates of achievement to Sebastian River Area Little League Senior Softball 1999 Florida Section Two Champions as follows: 99.168 99.169 LauraAmico(absent) Leah Mossali Shayna Snyder Ashley Eddings Kristin Murray Katie Steward Nicole Michael Clu'issy Schoonmaker Emily Waickowski Michelle Miller Jenny Shows Louisa Walsh (absen0 Vice Mayor Neuberger also recognized Manager Beth Murphy, and Coaches Rick Miller and Mike Milko were also in attendance. presentation by Rotan_ Club - Riverfront Cleanup Service Project (Ci _ty Manager Memo 8/18/99. Rauth Memo 8/16/99 w/Attachments) Gene Rauth, Rotary Club, made a brief presentation on behalf of the Rotary Club on the club's intent to clean an area of city property along the Riverfront. City Council commended them for their efforts. C. Presentation by Gehfing Group of West Palm Beach - Employee Health Benefits Proposal Klif Gehring, Gehring Group of West Palm Beach, reviewed a report on the health benefits proposal which was previously distributed to City Council. Staff responded to questions from Council relative to proposed costs for dependent coverage. 2 {~, egular City Council Meeting August 25, 1999 Page Three 99.169 D. Employee Health Benefits Proposal (8/18/99 Ci_ty Manager Memo. 8/19/99 Finance Director Memo. 8/19/99 h~urance Team Memo. Evaluation Point Summaries. Proposals Distributed Under Separate Cover~ MOTION by Barczyk/Bishop "I'd like to make a motion then if its the consent of the Council that we accept the recommendation for the employee benefit at agenda item 99.169." ROLL CALL: Mayor Wininger - absent Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 4-0 7. L--'ITY ATTORNEY MATTERS Stated that he and the City Manager will attend the Morris litigation. Reported that Indian River County notifies property owners within 300 feet for site plan review Reported on a situation on the Riverfront whereby a property owner of an odd shaped lot has submitted an application for development on the east side of Indian River Drive and cannot build a house which is wider than 50% of lot. He received the consensus of Council to bring back an ordinance which redefines the measurement point at the midline of the lot to determine the actual width for unusually shaped properties. It was also suggested that perhaps square footage or an average of the front and rear property line widths could be averaged to determine the lot width. 8. CITY MANAGER MATTERS 98.107 A. Discuss False Alarm Ordinance Stated that a draft false alarm ordinance and administrative plan will be brought back to Council on September 8, 1999 Qther Matters Announced that Indian River County Commissioners have approved $200,000 toward purchase of the Good Guys property, TAPE I- SIDE II (7:47p.m.) reported on the upcoming presentation before Florida Communities Trust Board, and acknowledged Indian River County officials and staff for their leadership in this matter. Aegular City Council Meeting ugust 25, 1999 Page Four Stated that the Charter Review Committee will come before Council on September 8, 1999 to submit their findings and recommendation 9. CITY CLERK MATTERS None. 10. CITY COUNCIL MATTERS A. Mayor Wininger Absent. B. Vice Mayor Neuberger Reported on his attendance at the Florida League of Cities conference and suggested in the future more city representatives attend to fully take advantage of the offered classes Reported on information he obtained about lapel microphones and recommended it be researched further Responded to rumors circulating that he is against the Police Department because his son was allegedly arrested and which he stated is false, and noted he will receive an apology from the Chief C. Mr. Barczyk The City Manager reported that the Land Development Code will come before Council on September 8 or 22, 1999 The City Manager reported that CR 512 architectural standards can be discussed at the meeting in September when the Land Development Code is addressed Inquired about citizen phone calls regarding city workers scraping and loading trees, and the City Manager responded that long term problems in the area of Oyster Bay are being corrected, and that he was discussing this with area property owners D. Mr. Bishop Reiterated that he has been contacted by an individual who will establish a team to refurbish the Creative Playground with assistance of the City. He received the consensus of Council to proceed to put the man in touch with City staff. Vice Mayor Neuberger discussed the concept of the skateboard park. The City Manager said he will bring a recommendation to Council on September 8, 1999. E. Mr. Majcher None. 4 AegularCity Me~ting Council ugust 25, 1999 Page Five 99.170 99.171 11. CONSENT AGENDA ,dH items on the consent agenda are considered 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 - 8/11/99 Regular, 8/18/99 Budget Workshop Bo Welcome Wagon Club of Sebastian - Request for Use of Electricity in Riverview Park - Octoberfest Picnic for Members - 10/30/99 - 9 am to 2 pm - Electricity (City Clerk Transmittal 8/5/99, Moore Letter) Co Pelican Island Preservation Society, Inc. - Request for Use of Riverview Park - 97th Anniversary Celebration Pelican Island Day Event - Sunday - 3/12/2000 - 9 am to 5 pm - Electricity - Established Standard Conditions (City Manager Transmittal 8/17/99, Davies Letter) The City Manager read the consent agenda. Mr. Barczyk corrected item B, noting the requested date was 10/30/99. Vice Mayor Neuberger removed item A. MOTION by Neuberger/Majcher "I make a motion to approve items B and C." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent MOTION CARRIED 4-0 I~cm A Vice Mayor Neuberger noted an error in the August 18, 1999 minutes whereby it is noted that Mayor Wininger called the meeting to order and was in fact absent. Neuberger/Barczyk "I'11 make a motion to approve item A." VOICE VOTE on the motion carried 4-0 Aegular City Council Meeting ugust 25, 1999 Page Six 99.154 99.078A 12. PUBLIC HEARING Procedures for public hearings: (R-99-21) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · StaffPresentation · Public Input - Limit often Minutes Per Speaker · StaffSummation · Mayor Closes Hearing · CouncilAction Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record Ao Qrdinance No. 0-99-06 - Amending Chapter 66 Nuisance - Second Reading and Public Heating (Ci _ty Attorne_v Transmittal 7/28/99. P & Z Minutes. O-99-06~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 66, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 7/28/99, Advefliscd Legal 8/11/99, PH and Adoption 8/25/99) The City Attorney read Ordinance No. 0-99-06 by title only and briefly descibed its effect. Vice Mayor Neuberger opened the public heating at 8:05 p.m. and immediately closed it due to lack of public input. MOTION by Barczyk/Bishop "I move that we approve Ordinance No. O-99-06 as stated." ROLLCALL: Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberger - aye MOTION CARRIED 4-0 Bo Ordinance No. 0-99-07 - Amending Comprehensive Land Use Plan for Surplus Cemete~ Property_ West of US 1 from Institutional to Riverfront Mixed Use - Second Reading and Public Heating (Small Scale) (Ci _ty Attorney Transmittal 7/22/99. Staff Report. Map. P & Z Minutes 0-99-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FLFFURE LAND USE MAP TO RMU (RIVER. FRONT MIXED-USE) FROM INS 0NS'ITI1JT1ONAL) FOR LAND CONSISTING OF 1.02 ACRES, MORE OR LESS, BEING A PORTION OF LOT 27, TOWN OF WAUREGAN PLAT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 7/28/99, Lett~ to Property Owner Mailed, Advertised Legal 8/10/99, Letters to Adjacent Property Owners Mailed, Hearing and Adoption 8/25/99) Vice Mayor Neuberger opened the public heating at 8:07 p.m.; and the City Attorney read Ordinance No. 0-99-07 by title only and briefly explained its effect. '6 Regular City Council Meeting August 25, 1999 Page Seven 99.078B There was no input and Vice Mayor Neuberger closed the public hearing at 8:08 p.m. MOTION by Bishop/Neuberger "I would move to approve Ordinance No. 0-99-07." ROLLCALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 4-0 Ordinance No. O-99-08- Rezoning Surplus Cemetery_ Property_ West of US 1 from Public Service to Gommercial General - Second Reading and OUASI JUDICIAL Public Hearing (Ci _ty Attorney Transmittal 7/22/99. Staff Report. Map. P & Z Minutes. 0-99-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY CONSTITUTING A PORTION OF LOT 27, TOWN OF WAUREGAN, CONTAINING 1.02 ACRES MORE OR LESS, FROM PS (PUBLIC SERVICE) TO CO (COMMERCIAL GENERAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.(lst Reading 7/28/99, Letter to Property Owner Mailed, Advertised Legal 8/10/99, Letters to Adjacent Property Owners Mailed, Hearing and Adoption 8/25/99) Vice Mayor Neuberger opened the public hearing at 8:10 p.m.; and the City Attorney read Ordinance No. 0-99-08 by title and advised that this hearing is quasi-judicial. There was no public input. Vice Mayor Neuberger closed the public hearing at 8:12 p.m. MOTION by Bishop/Barczyk "I move to approve Ordinance No. 0-99-08 amending zoning on surplus cemetery land" ROLL CALL: Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye MOTION CARRIED 4-0 AugUlarCity Meeting Council gust 25, 1999 Page Eight 99.155 D. 99.156 E. Ordinance No. 0-99-09 - Amending Land Development Code to Allow RV Storage in R-MH District - Second Public Hearing (Ci _ty Attorney Transmittal 7/22/99. P & Z Minutes. O-99-09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY CREATING S~ON 20A-3.7.G, COMMON VEHICULAR STORAGE AREAS WITHIN THE R-MH ZONING DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.(lst Reading 7/28/99, Adv~xtiaad Display 8/3/99, 1st Hearing g/l 1/99, Advertised 8/18/99, 2nd Hearing and Adoption 8/25/99) Vice Mayor Neuberger opened the public hearing at 8:13 p.m; and the City Attorney read Ordinance No. 0-99-09 by title only and explained its effect. There was no public input. Vice Mayor Neuberger closed the public hearing at 8:14 p.m. MOTION by Barczyk/Bishop "I move to approve Ordinance No. 0-99-09 amending the LDC to allow storage in the R- MH zone." ROLL CALL: Mayor Wininger - absent Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 4-0 Ordinance No. 0-99-10 - Amending Land Development Code to Tighten Rules for Accessory_ Buildings - Second Reading and Public H~adng (Ci .ty Attom~ Transmittal 7/22/99, P & Z Minutes 0-99-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, SECTION 20A-5.7, ACCESSORY BUILDINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.(lst Reading 7/28/99, Advertised Legal 8/11/99, Hearing and Adoption 8/25/99) Vice Mayor Neuberger opened the public hearing at 8:14 p.m.; and the City Attorney read Ordinance No. O-99-10 by title only and explained its effect There was no public input. Vice Mayor Neuberger closed the public hearing at 8:15 p.m. MOTION by Barczyk/Majcher "I move to approve Ordinance No. 0-99-10 amending LDC accessory building standards." Aegular City Council Meeting August 25, 1999 Page Nine 99.157 F. ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent MOTION CARRIED 4-0 Ordinance No. 0-99-11 - Amending Riverfront District Waivers - Second Reading and Public Heating (Ci _ty Attorney_ Transmittal 7/22/99. P & Z Minutes. O-99-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-19.4D OF LA.ND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.(Ist Reading 7/28/99, Advertised Legal 8/11/99, Hearing and Adoption 8/25/99) Vice Mayor Neuberger opened the public hearing at 8:16 p.m.; and the City Attorney read Ordinance No. O-99-11 by title only and explained its effect. There was no public input. Vice Mayor Neuberger closed the public heating at 8:19 p.m. The City Attorney advised that the Planning Commission rejected this ordinance, therefore his best opinion is that approval will require a super majority which means that four affmnative votes of Council would be needed. He said, from a governmental standpoint, waivers of ordinances are generally within the pervue of Councils. MOTION by Barczyk/Majcher "I move to approve Ordinance No. 0-99-11 amending Riverfi'ont District waivers." ROLL CALL: Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberger - nay The City Attorney again stated that a super majority of the total Council (four votes) was needed for approval, therefore this motion fails. (See further discussion on this matter following Introduction of New Business from the Public, where the City Attorney corrects this advise and states that the Ordinance is ADOPTED) 9 AegularCity Meeting Council ugust 25, 1999 Page Ten 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Ray Gerace, Georgia Boulevard, Sebastian, discussed a butterfly aviary and shaded garden he installed in his yard which has resulted in a Code Enforcement violation and questioned the code prohibiting placement of a "structure" in an easement. The City Attorney said Mr. Gerace's problem is that the structure is within the side yard setback and that it was suggested he should apply for a variance. TAPE H-SIDE I (8:33 p.m.) The City Attorney explained procedures that would have to take place before Council could take any action, stating that City Council has no authority over the matter at this time. At this time, the City Attorney stated: "I need to go back and correct myself on the last ordinance (O-99-11) that was addressed. Its a type of super majority that's required in the Land Development Code but its a different type of super majority. A straight up super majority means you have to have 2/3 of the voting membership, which would mean four people, but this specifically says an affirrnative vote of three members no matter how many people vote. So if you had a three person quorum it would have to be 3-0, four people it would have to be at least 3-1, so its not a pure super majority in the Land Development Code, it states specifically an affmnative vote of three members of the Council, so at this time I guess it would be appropriate actually for the Vice Mayor to declare that the ordinance did pass." Vice Mayor Neuberger declared that Ordinance No. 0-99-11 had passed. 14. COMMITTEE REPORTS/RECOMMENDATIONS None. 15. OLD BUSINESS None. 16. NEW BUSINESS 99.169 Employee Health Benefits Proposal (8/18/99 Ci_ty Manager Memo. 8/19/99 Finance Director Memo. 8/19/99 Insurance Team Memo. Evaluation Point Summaries. Proposals Distributed Under Separate Cover] This item was previously moved to 6D and approved. 10 i~Regular City Council Meeting ~August 25, 1999 Page Eleven 99.172 B. Approve Interlocal Cost Share A~eement with Indian River County for Paving Vocelle Avenue (Public Works Transmittal 8/17/99. Interlocal A_m-eement) MOTION by Neuberger/Majcher "I'll move to approve the interlocal agreement with Indian River County, cost share in the paving of Vocelle." ROLL CALL: Mayor Wininger - absent Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 4-0 99.173 C. Approve Extraordinary_ Procurement of Golf Course Batteries and Repair from Custom Carriages. Inc. in the Amount of $6.500.00 (Ci[y Manager Transmittal 8/18/99. Procurement Certificate) This item was removed from the agenda during Agenda Modifications. Ordinance No, 0-99-13 - Manager Responsibili[y Over Personnel Administration (Ci _ty Attorne_v Transmittal 8/19/99. 0-99-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTERS 2 AND 26 TO REFLECT CITY MANAGER AUTHORITY OVER PERSONNEL MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-13 by title and briefly explained its purpose and effect. MOTION by Bishop/Barczyk "I move to approve Ordinance No. O-99-13 amending the Code 2 and 26 to reflect Manager responsibility over personnel." The City Attorney added, "on fn'st reading and schedule public heating for September 22, 1999" and Mr. Bishop added "as amended" 17. ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent MOTION CARRIED 4-0 Being no further business, Vice Mayor Neuberger adjourned the Regular Meeting at 9:52 p.m. 11 Regular City Council Meeting August 25, 1999 Page Twelve Approved at the ~--6~-,,~ Kathryn M. O'flallor&, CMC/~E CiW Clerk ,1999, Regular City Council Meeting. Vice-Mayor 12