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