HomeMy WebLinkAbout01231994 City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 23, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the City Council with respect to agenda items immediately prior to
deliberation of the item by the City Council if they have signed the sign-up sheet provided prior
to the meeting - limit often minutes per speaker (R-93-19)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Pastor Randy Berry - First Baptist
Church - Winter Beach
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARING, FINAL ACTION
None.
94.058
94.059
94.060
8. ITEMS CARRIED FORWARD FROM 2]8/94 REGULAR ~EETING
A®
Introduction of New Business from the Public -
Herbert Sturm, 549 Saunders Street, Sebastian -
Lack of Response from Council (Sign-up Sheet)
9. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 2/4/94 Special Meeting,
2/5/94 Special Meeting, 2/9/94 Special and
Regular Meetings
RESOLUTION NO. R-94-13 - Vacation of Easement -
Repeal Resolution No. R-87-16 (City Clerk
Transmittal dated 2/15/94, City Clerk Memo dated
2/2/94, R-94-13)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE NORTH FIFTEEN FEET OF THE TWENTY-
FIVE FOOT WIDE REAR EASEMENT ON THE SOUTH SIDE OF
LOTS 4 AND 5, BLOCK 407, UNIT 7, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK
6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH,
INCLUDING RESOLUTION NO. R-87-16; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. R-94-16 - Vacation of Easement
(City Clerk Transmittal dated 2/15/94, R-94-16,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE SOUTH FIVE FEET OF LOT 16 AND THE
NORTH FIVE FEET OF LOT 15, PUBLIC UTILITY AND
DRAINAGE EASEMENT, BLOCK 153, SEBASTIAN HIGHLANDS
UNIT 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 5-102, 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
94.061/
93.246/
92.179
94.046
94.062
94.003
94.063
94.064
RESOLUTION NO. R-94-15 - Amending Legal
Description for Fischer Mulch/Burn Special Use
Permit Expiring 7/22/94 (Director of Community
Development Transmittal dated 2/15/94, City
Attorney Letter dated 12/1/93, R-94-15, Legal
Description)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-92-33,
PERTAINING TO THE GRANTING OF SPECIAL USE PERMIT FOR
THE OPERATION OF A MULCHING AND BURNING FACILITY,
PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN, BY PROVIDING A MORE
SITE SPECIFIC LEGAL DESCRIPTION FOR A TRACT OF LAND
APPROXIMATELY 25.69 ACRES IN SIZE LOCATED NORTH OF
COUNTY ROAD 512, WEST OF THE SEBASTIAN RIVER, AND
EAST OF THE WESTERN CITY LIMITS, LOCATED IN THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Waiver of Bidding Procedure ~ Golf Course Foot
Bridge - Southeastern Prestressed - Sole Source
for Concrete Pilings at Reduced Price - $2,777.50
(City Engineer Transmittal dated 2/14/94)
Waiver of Bidding Procedure - Installation of
Eight Utility Crossings Under CR512 - Purchase
Materials from Davis Meter and Supply Company,
West Palm Beach, (Indian River County, St. Lucie
County and Orange County Bid Price) - $22,673.00
- Authorize Public Works to Install for Total
Project Cost of $33,850.00 (Utilities Director
Transmittal dated 2/16/94 [See List of Exhibits
in Packet])
Equity Study Commission - Appoint Maureen Poole,
Twin Rivers Realty (City Clerk Transmittal dated
2/17/94)
Receive Code Enforcement Orders - No. 93-8933
(Malone), No. 93-9011 (Vasey)
Request Use of Community Center - Cramer/Elam
Wedding and Reception - 3/26/94 - 5:30 pm to 9:30
pm - A/B - Permittee Cramer DOB 8/15/56 -
Security Paid (City Clerk Transmittal dated
2/8/94, Application)
3
10.
11.
12.
13.
94.065
94.066
94.067
14.
94.010
94.068/
93.247
PRESENTATIONS
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
A. CODE ENFORCEMENT BOARD
Accept Resignations of Donato DeRobertis and
Henry Fischer (Director of Community
Development Transmittal dated 2/16/94,
DeRobertis Letter dated 1/28/94, Fischer
Letter dated 2/15/94)
Appoint Joseph Generazio to Businessman
Position for Three Year Term to Expire March
1997 and Readvertise to Fill Two Vacant
Positions (Director of Community Development
Transmittal dated 2/16/94, Application)
B. BOARD OF ADJUSTMENT
Accept Resignation of Donald J. Elsessor
(Director of Community Development
Transmittal dated 2/14/94, Elsessor Letter
dated 10/29/93, Minutes Page)
OLD BUSINESS
RESOLUTION NO. R-94-18 - City Manager Employment
Agreement (Personnel Director Transmittal dated
2/17/94, R-94-18, Employment Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY
AND JOEL L. KOFORD FOR THE PURPOSE OF EMPLOYING MR.
KOFORD AS CITY MANAGER; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Extend City Clerk 20% Compensation During City
Manager Transition Period Up to Six Months (Vice
Mayor Oberbeck Transmittal dated 2/15/94, 8/11/93
Minutes Page)
94.069
94.070
94.071
94.072
94.073/
91.138/
90.116
15. NEW BUSINESS
ORDINANCE N.0.,.. 0-94-02 - Repeal GDU Water
Franchise (City Clerk Transmittal dated 2/10/94,
O-94-02)
1st Reading, Set Public Hearing for 3/9/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-81-8;
REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC.
WATER FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO. 0-94-03 - Repeal GDU Sewer
Franchise (City Clerk Transmittal dated 2/10/94,
o-94-03)
1st Reading, Set Public Hearing for 3/9/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-81-9;
REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC.
SEWER FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO. 0-94-04 - Repeal Sebastian Lakes
Utility Franchise (City Clerk Transmittal dated
2/10/94, 0-94-04)
1st Reading, Set Public Hearing for 3/9/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-85-16;
REPEALING THE SEBASTIAN LAKES UTILITY COMPANY WATER
AND SEWER FRANCHISE; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Golf Course - Request One Additional Part-Time
Cart Attendant for Total of Four (Golf Course
Manager Transmittal dated 2/1/94, Budget Page)
Schedule Public Hearing for Vickers Grove
Sandmining Special Use Permit - Request to Expand
Existing Sandmine and Modify Preliminary Plat
(Director of Community Development Transmittal
dated 2/16/94)
5
94.074/
92.233/
91.041
94.075
F. Request Three Year Time Extension for San
Sebastian Springs West Preliminary Plat (Director
of Community Development Transmittal dated
2/16/94, Fischer Letter dated 1/13/94)
16. MAYOR AND CITY COUNCIL MATTERS
A. Mayor Lonnie R. Powell
B. Vice-Mayor Frank Oberbeck
C. Mrs. Carolyn Corum
D. Mrs. Norma Damp
1. Seek Location for Tractor Trailer Parking (No
Backup)
E. Mr. Robert Freeland
17. INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
18. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGNUP SHEET
FEBRUARY 23, 1994 REGULAR CITY COUNCIL MEETING
(Use this form ONLY for presentation of matters NOT on the
prepared agend, a. j~ntroduction of Business from the Public is the
last item on ~j~e~ agend.a)
SUBJECT:
.
....................... , ....
ADDRESS:
SUBJECT:
PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
FEBRUARY 23, 1994 REGULAR MEETING
(Use this form ONLY for input on items on the prepared agenda
EXCEPT for public hearings which have their own signup sheets.
You will now speak immediately prior to the subject after being
recognized by the Mayor.)
NAME :
/~ESS :
ITEM NO.:
SUBJECT :
AD RESS .
SUBJECT
City of Sebastian
1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 23, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Mayor Powell called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Pastor Randy Berry, First
Baptist Church, winter Beach.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also Present:
City Manager, Joel Koford
city Clerk, Kathryn M. O'Halloran
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Utilities Director, Richard Votapka
Golf Course Pro/Manager, Joseph O'Rourke
Airport Manager, John Van Antwerp
Deputy City Clerk, Sally Maio
Regular City Council Meeting
February 23, 1994
Page Two
94.073/
91.138/
90.116
The City Clerk introduced the new City Manager, Joel
Koford.
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
Mayor Powell said he had been requested to move
agenda item 94.073 relative to Vickers Grove up on
the agenda since the action to be taken was merely to
set a public hearing.
MOTION by Freeland/Oberbeck
I would recommend that we move item E up to the
beginning of the agenda to item 7.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Mayor Powell inquired whether the. City Council
concurred with the appointment of John Malek as
Chairman of the 4th of July Committee. It was the
consensus of city Council to appoint him.
The city Clerk was directed to notify Mr. Malek.
7. PUBLIC HEARING, FINAL ACTION - None.
The following item was moved from New Business.
Schedule Public Hearing for Vickers Grove
Sandmining Special Use Permit - Request to Expand
Existing Sandmine an__d Modify P~eliminary Plat
(Director o__f Communitx Development Transmittal
dated 2/16/94)
Warren Dill, legal counsel for the applicant,
expressed concern for the necessity for special use
permit process.
Regular city Council Meeting
February 23, 1994
Page Three
The City Attorney responded, noting that he had been
advised that the request is to expand the area in
which the sandmining would take place and the
Director of Community Development added that the
request is for an area not previously approved for
sandmining.
It was the consensus of City Council to schedule the
hearing for a special meeting on March 16, 1994 at
7:00 p.m.
The City Attorney said if Mr. Dill can show him that
the procedure is not necessary, he would not be
averse to changing his opinion.
The Director of Community Development said the
modification to the preliminary plat had been before
Planning and Zoning, will come before City Council
and that both procedures can be addressed on the same
night.
8. ITEMS CARRIED FORWARD FROM 2/9/94 REGUL~R MEETING
94.058
Introduction of New Business from the Public m
Herbert Sturm, 549 Saunders Street, Sebastian
Lack of Response from Council (Sign-up Sheet}
Mr. Sturm referred to twenty-eight questions he had
previously submitted to City Council relative to Code
Enforcement Board and attorney procedures.
9. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 2/4/94 Special Meeting,
2/5/94 Special Meeting, 2/9/94 Special and
Regular Meetings
Regular City Council Meeting
February 23, 1994
Page Four
94.059 B.
RESOLUTION NO__~. R-94-13 - Vacation of Easement -
Repeal Resolution No. R-87-16 (City Clerk
Transmittal dated 2/15/94, City Clerk Memo dated
2/2/94, R-94-13)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE NORTH FIFTEEN FEET OF THE TWENTY-
FIVE FOOT WIDE REAR EASEMENT ON THE SOUTH SIDE OF
LOTS 4 AND 5, BLOCK 407, UNIT 7, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK
6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH,
INCLUDING RESOLUTION NO. R~87-16; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
94.060
RESOLUTION NO. R-94-16 - Vacation of Easement
(City Clerk Transmittal dated 2/15/94, R-94-16,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE SOUTH FIVE FEET OF LOT 16 AND THE
NORTH FIVE FEET OF LOT 15, PUBLIC UTILITY AND
DRAINAGE EASEMENT, BLOCK 153, SEBASTIAN HIGHLANDS
UNIT 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 5-102, 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.
94.061/
93.246/
92.179
RESOLUTION NO. R-94-15 - Amending Legal
Description for Fischer Mulch/Burn Special Use
Permit Expiring 7/22/94 (Director of Community
Development Transmittal dated 2/15/94, city
Attorney Letter dated 12/1/93, R-94-15, Legal
Description)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-92-33,
PERTAINING TO THE GRANTING OF SPECIAL USE PERMIT FOR
THE OPERATION OF A MULCHING AND BURNING FACILITY,
PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN, BY PROVIDING A MORE
SITE SPECIFIC LEGAL DESCRIPTION FOR A TRACT OF LAND
APPROXIMATELY 25.69 ACRES IN SIZE LOCATED NORTH OF
COUNTY ROAD 512, WEST OF THE SEBASTIAN RIVER, AND
EAST OF THE WESTERN CITY LIMITS, LOCATED IN THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Regular city Council Meeting
February 23, 1994
Page Five
94.046 E.
Waiver of Bidding Procedure - Golf Course Foot
Bridge ~ Southeastern Prestressed - Sole Source
for Concrete Pilings at Reduced Price - $2,777.50
(City Engineer Transmittal dated 2/14/94)
94.062 F.
Waiver of Bidding Procedure - Installation of
Eight Utility Crossings Under CR512 - Purchase
Materials from Davis Meter and Supply Company,
West Palm Beach, (Indian River County, St. Lucie
County and Orange County Bid Price) - $22,673.00
- Authorize Public Works to Install for Total
Project Cost of $33,850.00 (Utilities Director
Transmittal dated 2/16/94 [See List of Exhibits
in Packet])
94.003 G.
Equity Study Commission - Appoint Maureen Poole,
Twin Rivers Realty (City Clerk Transmittal dated
2/17/94)
94.063 H.
Receive Code Enforcement Orders - No. 93-8933
(Malone), No. 93-9011 (Vasey)
94.064 I.
Request Use of Community Center - Cramer/Elam
Wedding and Reception - 3/26/94 - 5:30 pm to 9:30
pm - A/B - Permittee Cramer DOB 8/15/56 -
Security Paid (city Clerk Transmittal dated
2/8/94, Application)
The city Clerk read the consent agenda in its
entirety, including titles for Resolution Nos.
R-94-13, R-94-15 and R-94-16.
Mrs. Corum removed items E and H; Mr. Freeland
removed item F.
MOTION by Corum/oberbeck
I make a motion for Council to approve items A,
B, C, D, G and I of the consent agenda.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. oberbeck - aye
MOTION CARRIED 5-0
5
Regular city Council Meeting
February 23, 1994
Page Six
Item E - Waiver o__f Bidding Procedure - Golf Course
Foot Bridge
Mrs. Corum recommended other prices be obtained. The
City Engineer reiterated that the vendor had two
pilings already prepared and was offering the city a
reduced price.
MOTION by Corum/
I make a motion to deny the waiver of bidding
procedure for the Golf Course footbridge.
MOTION died for lack of a second.
MOTION by Freeland/Oberbeck
I make a motion that we waive the bidding
procedure for the Golf Course footbridge.
Vice Mayor Oberbeck said "for the prestressed
concrete" and Mr. Freeland said "yes".
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
MOTION CARRIED 4-1 (Corum - nay)
Item F - Waiver of Bidding Procedure - Installation
of Eiqht Utility Crossings Under CR51~
Mr. Freeland noted that in this case money has been
saved by staff for this bid waiver.
MOTION by Freeland/Damp
I would move to approve it.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Regular City Council Meeting
February 23, 1994
Page Seven
10.
11.
12.
Item H - Receive Code Enforcement Orders - No. 93-
8933 (Malone~ No. 93-9011 (Vasey)
Herbert Sturm, 549 Saunders Street, Sebastian,
inquired why the orders are placed on the consent
agenda and discussed each.
Vice Mayor Oberbeck excused from 7:35 p.m. to 7:37
p.m.
Mrs. Corum inquired about enforcement procedures and
the Director of Community Development responded that
enforcement is in accordance with City ordinances.
MOTION by Oberbeck/Freeland
I move that the Council receive Code Enforcement
orders No. 93-8933 (Malone), and No. 93-9011 (Vasey)
ROLL CALL: Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
PRESENTATIONS
None.
CITY ATTORNEY MATTERS
None.
CITY MANAGER MATTERS
The Acting City Manager thanked all city staff and
said her time as interim City Manager was gratifying.
City Manager, Joel Koford, expressed appreciation for
his appointment.
Regular City Council Meeting
February 23, 1994
Page Eight
13. COMMITTEE REPORTS/RECOMMENDATIONS
A. CODE ENFORCEMENT BOARD
94.065 1.
Accept Resignations of Donato DeRobertis an__d
Henry Fischer (Director of Community
Development Transmittal dated 2J16/94~
DeRobertis Letter dated 1/28/94, Fischer
Letter dated 2/15/94)
George Metcalf, Pine Street, Sebastian, discussed
board costs.
TAPE I - SIDE II (7:49 p.m.)
Mayor Powell advised Mr. Metcalf that this item was
not relative to costs.
MOTION by Corum/Freeland
I make a motion to move Mr. Metcalf's non agenda
item to the non-agenda item 17.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Herbert Sturm, 549 Saunders Street, Sebastian,
requested City Council not to accept the resignations
until his allegations of official misconduct are
investigated.
MOTION by Oberbeck/Corum
I would move that we accept the resignation of
Donato DeRobertis and Henry Fischer from our Code
Enforcement Board with regrets.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
8
Regular City Council Meeting
February 23, 1994
Page Nine
94.066 2.
94.067
Appoint Joseph Generazio t__qo Businessman
Position for Three Year Term to Expire March
1997 and Readvertise t_9o Fil~ TwQ Vacant
Positions (Director o_~f Community Development
Transmittal dated 2/16/94, Application)
MOTION by Oberbeck/Damp
I would move to appoint Joe Generazio to the
businessman position for three years term to expire
March 1997 and readvertise to fill the two vacant
positions.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
B. BOARD O~FADJUSTMENT
Accept Resignation of Donald J. Elsessor
IDirector of Community Development
Transmittal dated 2/14/94, Elsessor Letter
dated 10/29/93, Minutes Page)
MOTION by Oberbeck/Corum
I would move that we accept the resignation of
Don Elsessor from the Board of Adjustment with
regrets.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Mayor Powell called recess at 7:55 p.m. and
reconvened the meeting at 8:10 p.m. Ail members were
present.
Regular City Council Meeting
February 23, 1994
Page Ten
14. OLD BUSINESS
94.010 A.
RESOLUTION NO. R-94-18 - city Manager Employment
Agreement (Personnel Director Transmittal dated
2/17/94, R-94-18, Employment Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CiTY CLERK
TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY
AND JOEL L. KOFORD FOR THE PURPOSE OF EMPLOYING MR.
KOFORD AS CITY MANAGER; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-94-18 by
title only and noted a minor correction in numbering
and addition of language at the beginning of Section
7 "Subject to any limitations imposed by Florida
Law,...". The City Manager concurred.
MOTION by Freeland/Oberbeck
I would move to adopt Resolution No. R-94-18
approving the contract between the City of Sebastian
and Joel L. Kolford with the corrections made by the
attorney.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
94.068/
93.247
Extend city Clerk 20% Compensation During City
Manager Transition Period Up to Six Months [Vice
Mayor Oberbeck Transmittal dated 2/15/94, 8/11J93
Minutes Paqe)
Vice Mayor Oberbeck said he presented this item,
explained his reasons and said the duration of the
increase would be the City Manager's discretion.
city Council discussion followed.
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Regular City Council Meeting
February 23, 1994
Page Eleven
94.069
MOTION by Oberbeck/Damp
I move to change extending the compensation
period for three months as an Assistant to Mr.
Koford.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 4-1 (Corum - nay)
15. NEW BUSINESS
ORDINANCE NO. 0-94-02 - Repeal GDU Water
Franchise (City Clerk Transmittal dated 2/10/94,
0-94-02)
1st Reading, Set Public Hearing for 3/9/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-81-8;
REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC.
WATER FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-94-02 by title
only.
MOTION by Corum/Oberbeck
I move the approval of Ordinance 0-94-02 and
set the public hearing for 3/9/94.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
11
Regular City Council Meeting
February 23, 1994
Page Twelve
94.070 B.
94.071
ORDINANCE NO. 0-94-03 - Repeal GDU Sewer
Franchise (City Clerk Transmittal dated 2/10/94,
0-94-03)
1st Reading, Set Public Hearing for 3/9/94
AN ORDINANCE OF THE CITY 'OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-81-9;
REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC.
SEWER FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
The city Attorney read Ordinance No. 0-94-03 by title
only.
MOTION by Oberbeck/Freeland
I would move we approve Ordinance 0-94-03
repealing GDU sewer franchise and set public hearing
for March 9, 1994.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
ORDINANCE NO. 0-94-04 - Repeal Sebastian Lakes
Utility Franchise (City Clerk Transmittal dated
2/10/94, 0-94-04)
1st Reading, Set Public Hearing for 3/9/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-85-16;
REPEALING THE SEBASTIAN LAKES UTILITY COMPANY WATER
AND SEWER FRANCHISE; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The city Attorney read Ordinance No. 0-94-04 by title
only.
12
Regular City Council Meeting
February 23, 1994
Page Thirteen
94.072
94.074/
92.233/
91.041
MOTION by Oberbeck/Corum
I would move we approve Ordinance 0-94-04 repeal
of Sebastian Lakes utility franchise and set public
hearing for 3/9/94.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Golf Course ~ Request One Additional Part-Time
Cart Attendant for Total of Four (Golf Course
Manager Transmittal dated 2/1/94, Budget Page)
Discussion of part-time benefits took place and
city Council concurred that it needed additional
information.
MOTION by Oberbeck/Corum
I would move that we table this matter until
such time as the adequate information is brought back
to Council with regard to this request.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Request Three Year Time Extension for San
Sebastian springs West Preliminary Plat (Director
of Community Development Transmittal dated
2/16/94, Fischer Letter dated 1/13/94)
The Director of Community Development recommended an
eighteen month extension in accordance with City
ordinances, however, he suggested that provisions be
reviewed in the future for possible amendment for
larger subdivisions.
13
Regular City Council Meeting
February 23, 1994
Page Fourteen
MOTION by Oberbeck/Freeland
I would move that we stick to the original
extensions as approved by this City and by our Code
and move to approve a request for Henry Fischer to
grant eighteen month's time extension for San
Sebastian Springs West.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
16. MAYOR AND CITY COUNCIL MATTERS
A. Mayor Lonnie R. Powell
In response to Mayor Powell, the City Attorney
reported on the Park Place surcharge, the City
Engineer reported on approval of the U.S. 1 median
strip landscaping grant, and Mayor Powell said he did
not attend a candidate's forum due to employment
responsibilities and would be unable to attend the
forum at the North County library for the same
reason.
B. Vice-Mayor Frank Oberbeck
Vice Mayor oberbeck addressed a letter to the editor
listing Mrs. Corum's accomplishments on city Council.
C. Mrs. Carolyn Corum
Mrs. Corum spoke on U.S. 1 median strip landscaping,
noting that the City Council had advised her to get
with the City Engineer on suggestions she had for
materials; inquired about placement of street light
on Wave Street to which the city Engineer responded
and the Director of Community Development reported on
a request to Dr. Fischer for placement of lights in
Chessers Gap; suggested that white lines and/or
reflectors be placed on Wave and Easy Streets;
TAPE II - SIDE I (8:51 p.m.)
and inquired about the requirement for parking spaces
at a new landscaping business on CR 512 and U.S. 1 to
which the Director of Community Development responded.
14
Regular City Council Meeting
February 23, 1994
Page Fifteen
D. Mrs. Norma ~
94.075 1.
Seek Location for Tractor Trailer Parking (No
Backupl
Mrs. Damp said she had received a letter from Henry
Fischer which stated he had been providing parking at
his industrial area on 99th Street for a fee.
The Airport Manager addressed City Council on
procedures for use of the airport for non-aviation
activities.
The Director of Community Development said there is
no approved site plan or occupational license for
parking of tractor trailers at the subject site and
said he would look into it.
E. Mr. Robert Freeland
Mr. Freeland referred to a letter to the editor and
noted that the accomplishments listed are shared by
all Council members; and welcomed Joel Koford aboard
as the new City Manager.
Vice Mayor Oberbeck spoke on a letter received
regarding traffic and pedestrian congestion on
Columbus Street adjacent to Sebastian Elementary and
suggested staff look into it.
Mayor Powell said the recently installed basketball
courts have been well received.
17.
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-i9
Limit of Ten Minutes for Each Speaker)
Sal Neglia, 461 Georgia BoUlevard, Sebastian, said
the six ole grouches sign on the south city limit is
unkempt; and suggested fish cleaning facilities be
placed at city ramps.
J.D. Hill, 121 Nebraska circle, Sebastian, submitted
a petition (see attached) to the city Council
requesting that "clean up" of the drainage ditch in
the area of Nebraska not be undertaken.
15
Regular city Council Meeting
February 23, 1994
Page Sixteen
Mayor Powell suggested that staff look at this item
and bring it back to City Council.
Herbert Sturm, 549 Saunders Street, Sebastian,
discussed Code Enforcement Board issues.
Councilmember Freeland and Vice Mayor Oberbeck were
excused from 9:15 p.m. to 9:19 p.m.
Vice Mayor Oberbeck asked if a court injunction can
be obtained to keep Mr. Sturm from tying up forty
minutes of every meeting. The city Attorney
suggested that Mr. Sturm be limited to the agenda
item.
A1 Vilardi, 445 Georgia Boulevard, Sebastian,
discussed a conditional use permit that came before
Planning and Zoning for a veterinarian clinic on CR
512 and that he, as spokesperson, had been denied the
right to speak on the site plan. He requested that
City Council review the site plan.
George Metcalf, 425 Pine Street, Sebastian, expressed
gratitude for Council's treatment of his error in
signing up.
18.
Being no further business, Mayor Powell adjourned the
regular meeting at 9:30 p.m.
Approved at the
Meeting.
,H~lloran, ~C~-~AAE
City Clerk
, 1994, City Council
~~or
16