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HomeMy WebLinkAbout12131989City of Sebastian POST OFFICE BOX 780127 m SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, DECEMBER 13, 1989 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS LISTED BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL. 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Votapka called the meeting to order at 7:04 p.m. 2. The City Engineer led the Pledge of Allegiance. 3. Reverend Bruce Havens, United Church of Sebastian did not attend the meeting. ROLL CALL Present: Vice Mayor Robert McCarthy Councilman Frank Oberbeck Councilman Robert McCollum Mayor Richard Votapka Absent: Councilman Lloyd Rondeau (excused) Also Present: City Manager, Robert McClary City Attorney, Charles Nash Assistant City Manager, JoAnn Townsend Director of Community Development, Bruce Cooper Finance Director, Carol Carswell City Engineer, David Fisher City Planner, Peter Jones City Clerk, Kathryn 0'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting Minutes December 13, 1989 Page 2 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 89.212 89.213 Council concurred with amending the agenda to address ordinances for first readings after the recess. MOTION by Oberbeck/McCollum I move we defer item 89.222 "Prepare Resolution to Create Architectural Review Board" to the January 3, 1990 Workshop. The City Attorney advised that the January 3, 1990 meeting be a Special Meeting so that any items not addressed at this meeting can be acted on at that meeting. VOICE VOTE on the motion carried 4-0. 6. CONSENT AGENDA A. Approval of Minutes - 11/22/89 Regular Meeting B. RESOLUTION NO. R-89-61 - Abandonment of Easement A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE NORTH FIVE FEET OF LOT 8 AND THE SOUTH FIVE FEET OF LOT 9, BLOCK 17, UNIT 1, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/14, 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. C. RESOLUTION NO. R-89-62 - Abandonment of Easement A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE EAST SIX FEET OF LOT 1, BLOCK 187, UNIT 8, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6/10, 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. 2 Regular City Council Meeting Minutes December 13, 1989 Page 3 89.214 D. RESOLUTION NO. R-89-63 - Abandonment of Easement A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE NORTHEAST FIVE FEET OF LOT 10 AND THE SOUTHWEST FIVE FEET OF LOT 11, BLOCK 59, UNIT 2, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/37, 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. 89.215 Cancel December 27, 1989, Regular City Council Meeting and Reserve January 3, 1990 as Special Meeting Date if Warranted (City Manager Recommendation dated 12/6/89) 89.216 Public Works - Request Council Approval Pursuant to Section 2-65 (a) of the City Code to Trade In 1979 Ford Backhoe in Conjunction with Purchase of New Loader Backhoe Combination (City Manager Recommendation dated 12/6/89) 89.180 G. RESOLUTION NO. R-89-68 PBA Lieutenants Contract (Contract Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. AGREEMENT FOR POLICE LIEUTENANTS FOR THE PERIOD FROM OCTOBER 1, 1989 THROUGH AND INCLUDING SEPTEMBER 30, 1992; PROVIDING AN EFFECTIVE DATE. 89.218 HJ Request for Yacht Club - Maxwell & Son Plumbing - 12/15/89 - 7:30 p.m. 11:00 p.m. A/B - DOB 5/29/52 (City Manager Recommendation dated 12/7/89) 89.219 Request for Fee Waiver for 1990 Dates - Community Center - Teens Against Boredom - 1/20/90, 2/17/90, 3/17/90, g/21/90, 5/19/90, 6/16/90, 7/21/90, 8/18/90, 9/15/90, 10/20/90, 11/3/90, 11/17/90, 12/1/90, 12/15/90 (City Manager Recommendation dated 12/7/89) 89.220 Parks and Recreation Committee - Accept Resignations of Lonnie Powell & Howard Carswell (Alternate) (City Manager Recommendation dated 12/7/89) 3 Regular City Council Meeting Minutes December 13, 1989 Page 4 89.232 K. Handicapped Self-Evaluation Committee - Accept Resignation of Howard Carswell (City Manager Recommendation dated 12/7/89) Councilman Oberbeck removed items E and I for discussion. MOTION by McCollum/Oberbeck I move we approve Consent Agenda items A, D, F, G, H, J and K. ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - aye Mayor Votapka - aye Vice Mayor McCarthy - aye MOTION CARRIED 4-0. Discussion took place on cancelling the December 27, 1989 meeting. Council concurred to defer Consent Agenda item E until after the recess. Marc Marcello, 140 Kildare Drive and Randy Snyder, 830 Schumann Drive, Teens Against Boredom, addressed Council regarding their request for a fee waiver for use of the Community Center during 1990. MOTION by Oberbeck/McCarthy I move we approve Consent Agenda item 89.219 "Request for Fee Waiver for 1990 Dates Community Center - Teens Against Boredom - 1/20/90, 2/17/90, 3/17/90, 4/21/90, 5/19/90, 6/16/90, 7/21/90, 8/18/90, 9/15/90, 10/20/90, 11/3/90, 11/17/90, 12/1/90, 12/15/90". VOICE VOTE on the motion carried 4-0. 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Award Plaque of ApDreciation - Howard Carswell This item was deferred due to the absence of Mr. Carswell. B. Proclamation - Jeremy Weiss Memorial Foundation Mayor Votapka read and presented the proclamation to Dr. Gary Weiss. 4 Regular City Council Meeting Minutes December 13, 1989 Page 5 The City Manager introduced Assistant City Manager, JoAnn Townsend. 8. PUBLIC HEARING, FINAL ACTION 88.183 89.210 A. ORDINANCE NO. 0-89-21 - Correct Legal Description 0-88-29 - Sebastian Lakes CLUP Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CORRECTION OF AN ERROR CONTAINED IN A PREVIOUS ORDINANCE OF THE CITY; CORRECTING THE LEGAL DESCRIPTION CONTAINED IN SECTION 1 OF ORDINANCE NO. 0-88-29; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 11/22/89, Advertised 12/1/89, Public Hearing 12/13/89) Attorney Nash read Ordinance No. 0-89-21 by title only. Mayor Votapka opened the public hearing at 7:31 p.m. The Director of Community Development explained the purpose of the ordinance was to correct the legal description for Ordinance No. 0-88-29. Mayor Votapka closed the public hearing at 7:32 p.m. MOTION by McCollum/Oberbeck I move we adopt Ordinance No. 0-89-21 as read by the City Attorney. ROLL CALL: Councilman Oberbeck - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye MOTION CARRIED 4-0. 89.211 B. ORDINANCE NO. 0-89-22 SOP Amendment Procedure AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE STANDARD OPERATING PROCEDURES FOR PERSONNEL ADMINISTRATION AND JOB DESCRIPTIONS OF THE CITY OF SEBASTIAN; AMENDING SECTION 2-4 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO PROVIDE FOR THE AMENDMENT OF THE STANDARD OPERATION PROCEDURES FOR PERSONNEL Regular City Council Meeting Minutes December 13, 1989 Page 6 ADMINISTRATION AND JOB DESCRIPTIONS OF THE CITY OF SEBASTIAN BY RESOLUTION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 11/22/89, Advertised 12/1/89, Public Hearing 12/13/89) Attorney Nash read Ordinance No. 0-89-22 by title only. Mayor Votapka opened the public hearing at 7:33 p.m. The City Manager explained the purpose of the ordinance was to amend the Standard Operating Procedures by resolution rather than ordinance. Mayor Votapka closed the public hearing at 7:34 p.m. MOTION by Oberbeck/McCollum I move we adopt Ordinance No. the City Attorney. 0-89-22 as read by ROLL CALL: Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Obarbeck - aye MOTION CARRIED 4-0. 89.160 C. ORDINANCE NO. 0-89-23 - Land Use Amendment Procedures AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; CREATING PROCEDURES FOR COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR APPLICATION PROCEDURE; PROVIDING FOR APPLICATION FOR AMENDMENT; PROVIDING FOR SEMIANNUAL SUBMITTAL DATES TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REVIEW PROCEDURES; AMENDING SECTION 20A-11.7 REGARDING NOTICE REQUIREMENTS TO THE PUBLIC; PROVIDING INCLUSION IN THE LAND DEVELOPMENT CODE; PROVIDING FOR THE REPEAL r0F ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (lst Reading 11/22/89, Advertised 12/1/89, Public Hearing 12/13/89) Attorney Nash read Ordinance No. 0-89-23 by title only. 6 Regular City Council Meeting Minutes December 13, 1989 Page 7 Mayor Votapka opened the public hearing at 7:36 p.m. The Director of Community Development explained the purpose of the ordinance was primarily to adopt January and July as CLUP amendment transmittal dates. Mayor Votapka closed the public hearing at 7:38 p.m. MOTION by McCollum/Oberbeck I move we adopt Ordinance No. the City Attorney. 0-89-23 as read by ROLL CALL: Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 4-0. 9. PUBLIC INPUT A. Non-Agenda Items None. B. Agenda Items J.W. Thompson and Stanley Krulikowski said they would speak during agenda items. Alfred Vilardi, 445 Georgia Blvd., addressed item 89.228 regarding new personnel positions and reclassifications. 10. PRESENTATIONS None. 11. COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING AND ZONING COMMISSION 89.221 Waterfront District Study (City Manager Recommendation dated 12/6/89, Memos from City Planner dated 11/30/89 & 10/25/89) The City Planner explained the purpose of the proposed waterfront study. He said the approximate cost of the study would be 920,000, $10,000 of which is currently in the Department of Community 7 Regular City Council Meeting Minutes December 13, 1989 Page 8 Development budget and part which would be funded by Department of Community Affairs grants. Stanley Krulikowski, Planning and Zoning Commission Chairman, urged Council approval for the study. Vice Mayor McCarthy requested the study be referred to as the "Riverfront District Study". MOTION by Oberbeck/McCollum I move we direct staff to move forward with the Riverfront District Study. ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Mayor Votapka aye MOTION CARRIED 4-0. 89.222 Prepare Resolution to Create Architectural Review Board (City M--~nager Recommendation dated 12/6/89, Memo from City Planner dated 11/30/89, Memo from Interim City Engineer dated 11/7/89~ This item was deferred by motion to the January 3, 1990 special meeting at the beginning of this meeting. 12. OLD BUSINESS 89.223 Reject Ail Bids and Re-Bid - Toilet Facility - Riverview Park'(City Manager Recommendation dated 12/6/89, Memo from Interim City Engineer dated 12/5/89) The City Manager explained that specifications for the facility have been upgraded, therefore, the pro3ect should be rebid. He also stated that the proposed budget amendment on tonight's agenda contains funds for this upgraded facility. Discussion took place on formally establishing a policy on design engineers not bidding on the project as a contractor. 8 Regular City Council Meeting Minutes December 13, 1989 Page 9 MOTION by Oberbeck/McCollum I move we acceDt the City Manager's recommendation to reject all bids for the toilet facility at Riverview Park and the project be readvertised for bid. ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - aye Mayor Votapka aye Vice Mayor McCarthy - aye MOTION CARRIED 4-0. The City Manager said if the proposed budget amendment was not approved there were sufficient funds in the park facility improvements fund to cover the project, although their use would cut short funds for other projects. Discussion took place on elegibility of and procedures for elected or appointed officials bidding on projects. Attorney Nash was requested to review Florida Statutes regarding this matter and report during the meeting. 89.224 Bid Award - Record~ Storage Vault - CaDD Custom Builders, ~nc. $15,834 (City Manager Recommendation gated 12/4/89, Memo from Interim City Engineer dated 12/5/89) The City Manager said funding for this item was also included in the Droposed budget amendment. MOTION by McCarthy/McCollum I move we concur with staff's recommendation and award the bid for the records storage vault to Capp Custom Builders, Inc., in the amount of $15,834, contingent upon approval after review of Florida Statutes by the City Attorney. ROLL CALL: Councilman Oberbeck - aye Mayor Votapka aye Vice Mayor McCarthy - aye Councilman McCollum aye MOTION CARRIED 4-0. Regular City Council Meeting Minutes December 13, 1989 Page 10 89.225 C. 89.198 Contract Award - Perform Site Survey for New Police Station - Masteller, Moler & Reed~ Inc. $1,599 (City Manager Recommendation dated 12/6/89, Memo from Interim City Engineer dated 12/5/89) MOTION by McCarthy/Oberbeck I move we accept the low bid and award the contract to perform site survey for new police station to Masteller, Moler & Reed, Inc., in the amount of Sl,599. ROLL CALL: Mayor Votapka - nay Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 3-1 (Votapka - nay). Bid Award - Sports Lighting Poles & Fixtures at Barber Street Sports Complex - Musco Lighting, Inc. - $47,050 (City Manager Recommendation dated 12/6/89, Memo from Interim City Engineer dated 12/5/89) The City Engineer said that since receipt of the bids it had come to the city's attention that ten concrete poles can be obtained for approximately $15,250 and it was now staff's recommendation to place an order only for the fixtures and rebid poles. MOTION by McCarthy/Oberbeck I move we award the bid for light fixtures only to Musco Lighting, Inc., not to exceed $22,500 which includes the services of a consultant from Musco. ROLL CALL: Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 4-0. MOTION by Oberbeck/McCarthy I move we authorize the City Engineer to seek proposals for light poles and accept the proposal which in his judgment is the lowest and best available with an amount not to exceed the current low bid of $24,500. 10 Regular City Council Meeting Minutes December 13, 1989 Page 11 ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Mayor Votapka - aye MOTION CARRIED 4-0. Mayor Votapka called recess at 9:07 p.m. and reconvened the meeting at 9:20 p.m. Ail members present at recess were present at recall. Attorney, regarding bids and proposals, cited FS Section 112.313 (12)(b) regarding exemptions from the prohibition of doing business with one's agency. MOTION by 0berbeck/McCarthy I move we authorize the City Attorney to draft a resolution regarding design engineers not bidding on pro3ects as contractors. VOICE VOTE on the motion carried 4-0. Attorney Nash said the same requirements would apply to Capp Custom Homes, Inc., since Mickey Capp is a member of the Construction Board. He said he would further review the forms requirement and the definition of "political subdivision". 89.226 Contract Award - Design Services - Realignment of Main Street - Mosby & Associates, Inc. - $6,200 (City Manager Recommendation dated 12/6/89, Memo from Interim City Engineer dated 12/5/89) MOTION by McCarthy/McCollum I move we concur with staff recommendation and award the contract for design services for the realignment of Main Street to Mosby & Associates, Inc. in the amount of $6,200. ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman 0berbeck - aye Mayor Votapka - aye MOTION CARRIED 4-0. 11 Regular City Council Meeting Minutes December 13, 1989 Page 12 13. NEW BUSINESS 89.227 A. RESOLUTION NO. R-89-67 - Budget Amendment (City Manager Recommendation and Memo dated 12/7/89 w/ backup) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO AN AMENDMENT TO THE FISCAL YEAR 1989/1990 BUDGET; PROVIDING FOR CHANGES TO THE GENERAL FUND, CAPITAL PROJECTS FUND, CAPITAL IMPROVEMENT FUNDS, COUNTY OPTION GAS TAX, CEMETERY TRUST FUND, AND GOLF COURSE FUND; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager addressed each requested amendment. Council concurred that there was insufficient time remaining to address this resolution. MOTION by McCollum/McCarthy I move we defer items 89.227 RESOLUTION NO. R-89- 67 - Budget Amendment; 89.228 Approve New Personnel Positions and Reclassify Certain Existing Personnel Positions Subject to Budget Amendment; 89.229 RESOLUTION NO. R-89-64 - Adopt New Job Descriptions - Maintenance Workers I, II, III,; 89.222 Prepare Resolution to Create Architectural Review Board; 88.183 Allen Engineering - Request Time Extension on Temporary Use of RV Storage Facility at Sebastian Lakes to June 7, 1990; 89.231 Dr. H. Fischer - Request for Time Extension for Preliminary Plat - San Sebastian Springs West to the January 3, 1990 Special Meeting. VOICE VOTE on the motion carried 4-0. MOTION by McCollum/McCarthy I move we cancel the Decemer 27, 1989 Regular Meeting. VOICE VOTE on the motion carried 4-0. MOTION by McCarthy/McCollum I move we extend the meeting twenty minutes. 12 Regular City Council Meeting Minutes December 13, 1989 Page 13 ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - aye Mayor Votapka - aye Vice Mayor McCarthy - aye MOTION CARRIED 4-0. Councilman Oberbeck was excused from 10:30 p.m. to 10:32 p.m. 89.228 B. Approve New Personnel Positions and Reclassify Certain Existing Personnel Positions Subject to Budget Amendment (City Manager Recommendation dated 11/30/89 w/ backup, City Manager Memo dated 11/29/89, Memo from Director of Community Development dated 11/16/89, Memo from Chief of Police dated 10/10/89, Memo from Interim City Engineer dated 9/9/89 w/ backup, Memo from Golf Course Manager dated 11/1/89) Deferred to January 3, 1990 Special Meeting. 89.229 RESOLUTION NO. R-89-64 - Adopt New Job Descriptions - Maintenance Workers I, II, III (City Manager Recommendation dated 11/30/89) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING NEW JOB DESCRIPTIONS FOR THE POSITIONS OF MAINTENANCE WORKER I, MAINTENANCE WORKER II AND MAINTENANCE WORKER III; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTIONS IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Deferred to January 3, 1990 Special Meeting. 89.230 Do ORDINANCE NO. 0-89-24 - Extraordinary Fees for Certain Applications FIRST BEADING, SET PUBLIC HEARING 1/10/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; ESTABLISHING EXTRAORDINARY FEES FOR CONSULTING ENGINEERS AND PLANNERS, AND FOR ATTORNEY'S FEES FOR CERTAIN ZONING AND COMPREHENSIVE PLAN APPLICATIONS; REQUIRING PAYMENT OF SAID EXTRAORDINARY FEES BY THE APPLICANT AS A CONDITION TO CONSIDERATION OF SAID 13 Regular City Council Meeting Minutes December 13, 1989 Page 14 APPLICATION; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-89-24 for the first time by title only. MOTION by McCollum/McCarthy I move we accept Ordinance No. 0-89-24 on first reading and set public hearing for January 10, 1990. ROLL CALL: Councilman Oberbeck - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye MOTION CARRIED 4-0. 89.141 E. ORDINANCE NO. 0-89-25 Commercial Amusement FIRST RE~DING, SET PUBLIC HEARING 1/10/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; AMENDING SECTION 20A-12.2 TO PROVIDE FOR ADDITIONAL DEFINITIONS; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-89-25 for the first time by title only. MOTION by Oberbeck/McCollum I move we accept Ordinance No. 0-89-25 on first reading and set public hearing for January 10, 1990. ROLL CALL: Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 4-0. 14 Regular City Council Meeting Minutes December 13, 1989 Page 15 89.197 F. ORDINANCE NO. 0-89-28 - Fischer CLUP Amendment - 1.85 Acres FIRST READING, SET 1ST PUBLIC HEARING 1/24/90, 2ND PUBLIC HEARING 2/14/90 - DCA REVIEW NOT REQUIRED 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 MAP FROM COR (COMMERCIAL OFFICE RESIDENTIAL) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT FOR LAND LOCATED IN THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 1.85 ACRES MORE OR LESS, LOCATED ON THE WEST SIDE OF THE U.S. HIGHWAY ONE, EAST OF THE FLORIDA EAST COAST RAILWAY RIGHT- OF-WAY, AND NORTH OF SCHUMANN DRIVE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-89-28 for the first time by title only. MOTION by Oberbeck/McCollum I move we accept Ordinance No. 0-89-28 on first reading and set 1st public hearing for January 24, 1990 and second public hearing for February 14, 1990. ROLL CALL: Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 4-0. 89.197 G. ORDINANCE NO. 0-89-29 - Fischer Rezoning - 1.85 Acres FIRST READING, SET PUBLIC HEARING TENTATIVELY FOR 2/14/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 1.85 ACRES MORE OR LESS, LOCATED ON THE WEST SIDE OF THE U.S. HIGHWAY ONE, EAST OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, AND NORTH OF SCHUMANN DRIVE, FROM ZONING DISTRICT COR (COMMERCIAL OFFICE RESIDENTIAL) TO ZONING DISTRICT CG (COMMERCIAL GENERAL); PROVIDING FOR THE AMENDMENT TO 15 Regular City Council Meeting Minutes December 13, 1989 Page 16 THE OFFICIAL CITY ZONING MAP TO REFLECT THE CHANGE IN ZONING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-89-29 for the first time by title only. MOTION by Oberbeck/McCarthy I move we accept Ordinance No. 0-89-29 on first reading and set public hearing tentatively for February 14, 1990. ROLL CALL: Vice Mayor McCarthy - Councilman McCollum - aye Councilman Oberbeck - aye Mayor Votapka aye MOTION CARRIED 4-0. 89.205 H. ORDINANCE NO. 0-89-30 - Fischer CLUP Amendment - 116.55 Acres FIRST READING, SET lST PUBLIC HEARING 1/24/90 - DCA REVIEW REQUIRED AFTER 1ST PH 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 MAP WITH RESPECT TO THREE PARCELS OF LAND, APPROXIMATELY 116.55 ACRES MORE OR LESS, LOCATED IN THE SOUTHEAST SECTION OF THE CITY, ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, SOUTH AND EAST OF SCHUMANN DRIVE; AND NORTH OF MABRY STREET;AMENDING THE COMPREHENSIVE USE PLAN MAP FOR THE FIRST PARCEL OF LAND FROM INDIAN RIVER COUNTY LD-2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY LD (LOW DENSITY) DISTRICT; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH RESPECT TO THE SECOND PARCEL OF LAND FROM INDIAN RIVER COUNTY LD-2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY MD (MEDIUM DENSITY) DISTRICT; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH THE RESPECT TO THE THIRD PARCEL OF LAND FROM INDIAN RIVER COUNTY LD- 2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY IND (INDUSTRIAL) DISTRICT; PROVIDING FOR THE TRANSMITTAL OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING 16 Regular City Council Meeting Minutes December 13, 1989 Page 17 FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-89-30 for the first time by title only. MOTION by McCollum/Oberbeck I move we accept Ordinance No. 0-89-30 on first reading and set first public hearing for January 24, 1990. ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - aye Mayor Votapka - aye Vice Mayor McCarthy - aye MOTION CARRIED 4-0. 89.205 ORDINANCE NO. 0-89-31 - Fischer Rezoning - 116.55 Acres FIRST READING, PUBLIC HEARING WILL BE HELD AT TIME OF 2ND PUBLIC HEARING AND ADOPTION OF 0-89-30 FOLLOWING DCA REVIEW AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING THREE PARCELS OF REAL PROPERTY IN THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 116.55 ACRES MORE OR LESS, LOCATED ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, SOUTH AND EAST OF SCHUMANN DRIVE, AND NORTH OF MABRY STREET; REZONING THE FIRST PARCEL OF REAL PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1 AND RM-6 (RESIDENTIAL MULT- FAMILY) TO CITY ZONING DISTRICT RS-10 (RESIDENTIAL SINGLE FAMILY); REZONING THE SECOND PARCEL OF REAL PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1 AND RM-6 (RESIDENTIAL MULTI-FAMILY) TO CITY ZONING DISTRICT RM-8 (RESIDENTIAL MEDIUM); REZONING THE THIRD PARCEL OF REAL PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1, RM-6 (RESIDENTIAL MULTI- FAMILY) AND IND (INDUSTRIAL) TO CITY ZONING DISTRICT IN (INDUSTRIAL); AMENDING THE OFFICIAL CITY ZONING MAP TO REFLECT THE CHANGE IN ZONING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 17 Regular City Council Meeting Minutes December 13, 1989 Page 18 Attorney Nash read Ordinance No. O-89-31 for the first time by title only. MOTION by McCollum/Oberbeck I move we accept Ordinance No. 0-89-31 on first reading and set public hearing when 0-89-30 is returned from DCA. ROLL CALL: Councilman Oberbeck - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye MOTION CARRIED 4-0. 89.217 RESOLUTION NO. R-89-65 - Annual Leave - Unlimited Time Status (City Manager Recommendation dated 12/5/89) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ACCRUAL OF ANNUAL LEAVE UNDER THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES FOR PERSONNEL ADMINISTRATION; PROVIDING FOR INCLUSION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES FOR PERSONNEL ADMINISTRATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Nash read Resolution No. R-89-65 by title only. MOTION by Oberbeck/McCarthy I move we adopt Resolution No. R-89-65 the City Attorney. as read by ROLL CALL: Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 4-0. 14. MAYOR'S MATTERS None. 18 Regular City Council Meeting Minutes December 13, 1989 Page 19 89.051 15. 16. COUNCIL MATTERS A. Vice Mayor McCarthy None. B. Councilman McCollum None. C. Councilman Oberbeck Councilman Oberbeck expressed concern for the Cutler & Stanfield bill in the amount of $1300. D. Councilman Rondeau Absent. CITY ATTORNEY MATTERS A. ORDINANCE NO. 0-89-27 - Amending 0-89-15 Police Pension Plan (City Attorney Recommendation dated 12/5/89) FIRST READING, SET PUBLIC HEARING 1/10/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE POLICE PENSION PLAN; AMENDING ARTICLE VI OF CHAPTER TWO OF THE CODE OF ORDINANCES; AMENDING SECTION 2-120 OF THE CODE OF ORDINANCES TO REVISE THE DEFINITION OF "CREDITED SERVICE"; AMENDING SECTION 2-121 OF THE CODE OF ORDINANCES TO REVISE THE PROVISIONS PERTAINING TO PARTICIPATION IN THE POLICE PENSION PLAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-89-27 for the first time by title only. MOTION by McCollum/0berbeck I move we accept Ordinance No. 0-89-27 on first reading and set public hearing for January 10, 1990. 19 Regular City Council Meeting Minutes December 13, 1989 Page 20 88.183 89.231 ROLL CALL: Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 4-0. 17. CITY MANAGER MATTERS 18. Am Allen Engineering - Request Time Extension on Temporary Use of RV Storage Facility at Sebastian . Lakes to June 7, 1990 (Staff Recommendation dated 12/7/89, Letter from Redmond dated 12/5/89) Deferred to January 3, 1990 Special Meeting. Dr. H. Fischer - Request for Time Extension for Preliminary Plat - San Sebastian Springs West (Staff Recommendation dated 12/7/89, Letter from Fischer dated 11/28/89) Deferred to January 3, 1990 Special Meeting. Mayor Votapka volunteered to represent Council at a meeting with Attorney Tsamoutales regarding the Snell suit on Monday, December 18, 1989. Mayor Votapka adjourned the meeting at 10:50 p.m. Approved at the / Ka~hry~,~ M. O'Halloran, City Clerk 1990 :i D:$-~[% Council . ~ /' ~ ~ Meeting Richard B. Votapka, Mayor 20