HomeMy WebLinkAbout01271999 City of Sebastian
1225 Mnin Street 0 Sebastian, Florida 32958
Telephone (561) 589-5330 Q Fox (561) 589-5570
E-Marl: cit'yseb~iu.n¢l'
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JANUARY 27, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN TIlE OFFICE OF TIlE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals win address the City Council with respect to agenda items immediately before deliberation of the item by the Ci(y Council - limit often
minutes per speaker (R-97-21)
2.
3.
4.
5.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION/MOMENT OF SILENCE
ROLL CALL
AGENDA MODIFICATIQNS (ADDITiOhI~ A,N_~)/OR DELETIONS)
Items not on the written agenda may be add~;d only upon a majoriO, vote of CiO, Council members (R-97-21)
6. ]PRO(~,~MP~TION$~ ANNOUNCEMENTS AND/OR PRESENTATIONS
99.019 7.
ELECTION MATTERS (IN ACCORDANCE WITH CITY CHARTER THESE iTEMS MUST BE
ACTED UPON AT THiS MEETING) (City Clerk Transmittal, Proclamation, R-99-01, Charter Sections)
Mayor to Read Proclamation Calling March 9, 1999 General Election
Adopt Res61ution No. R-99-01 in Accordance with Charter 4.07 - Designating Polling Places,
Offices to be Filled and Questions to be Decided
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING
PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 9, 1999, FOR THE PURPOSE OF ELECTING THREE CITY
COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING TWO REFERENDUM QUESTIONS ON THE BALLOT;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
Co
Formal Request to Supervisor of Elections to Administer March 9, 1999 Election
Affirm Canvassing Board Appointments
99.007
old 75-77
99.008
oM 79-80
99.009
old 81-85
99.010/98.211
oM 87-88
99.011
no backup
99.O 14/98.027
oM 163-167
99.018/98.157
oM 205-210
CERTAIN ITEMS DEFERRI3D FROM TIJl~ ~I3NUARY 13, 1999 REGULAR MEETING
(Please Refer to January 13, 1999 Agenda Book for Baclmp)
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
(Sign-up Deferred from 1/13/99 Meeting Only)
Harry Thomas, 654 Balboa Street, Sebastian
cDMI¥1IIT~,]~ RE]~ Oi~TS/REC OM2MI~NDATIONS
Const~ct_i_on 1390r4
1. Recommendation to Remove Billy Doyle from Board for Non-Attendance in Accordance
with Section 2-173 of the Code of Ordinances (Building Dept. Transmittal 12/17/98,
11/17/98 Minutes, 2-173)
Bo
Planning and Zoning Commission
1. Accept Resignation of Carl Fischer (City Clerk Transmittal 1/4/99, Resignation Letter)
lgec_rcation Advisory Board
1. Recommendation to Remove Randall Snyder from Board for Non-Attendance in Accordance
with Section 2-173 of the Code of Ordinances (Public Works Transmittal 12/22/98,
12/21/98 Minutes, 2-173, 2-213)
~ BUSINESS
(Items G D, Iq, G and H were addressed at 1/20/99 Special Meeting)
A. Discussion of Salary Increase for City Clerk (City Clerk Memo, 12/16/9)
B. Mayor's Fact Finding Conunittee on Six-Laning of US 1 (Requested by Mayor Sullivan)
Approve Renewal of Annual Materials Contracts with Fischer and Sons and Blackhawk Quarry for
Second and Final Year (Public Works Transmittal 12/31/99, Hill Memo 12/30/98, Agreement Page,
1st Contract Extensions)
Approve Supplemental Agreement # 11 with Masteller and Moler for Stonecrop Dam Replacement
Design in the Amount of $43,790 (Public Works Transmittal 1/4/99, Supplemental Agreement)
END OF ITEMS DEFERRED FROM JANUARY l& 1999 REGULAR MEETING
10.
11,
12.
99.020/98.074
13.
14.
99.015
99.021/98.208
99.022/98.088
CITY ATT~)RNI~Y MATTERS
CITY MANAGER MATTERS
CONSENT A~GENOA
All 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 Cio~ Council so requests; in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 1/13/99 Regular Meeting, 1/20/99 Special Meeting
QUASI-JUDICIAL PUBLIC HEARING
Resolution No. R-99-04 - Major Modific0.ti9tt.t9 Sit~ Plat: for 13~¢on Oas Station Jn Chesser's Gap
PUD to Add Drivg: Through Car Wash (Growth Management Transmittal 1/20199, K-99-04,
Application, Location Map. P & Z Minutes. St_~ff~pg~ LegaJ Notice, Plat Under Separate Co¥¢0
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A MAJOR
MODIFICATION TO THE EXXON SITE PLAN WITI~ffN CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR EFFECTIVE DATE.
OLD BUSINESS - None
Authorize Expenditures of $32,271.90 for Culvert Replacements and $12,578.01 for Side Yard Pipe
Installation to C.R. McLellan, the Annual Culvert Replacement Contractor (Public Works/
Engineering Transmittal 1/20/99, Work Order IA, lB, 2 and 3, Spreadsheet for Stormwater
Projects)
Resolution No. R-99-05 Ratifying Auction Held 12/21/98 and Authorizing Execution of Quit Claim
Deed for Airport Property to Collier Club, Inc. (City Attorney Transmittal 1/21/99, Auction Minutes,
Deed)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrNTY, FLORIDA, CONFIRMING AUCTION OF
SURPLUS AIICPORT PROPERTY; AUTHORIZINO EXECUTION OF DEED TO HIGH BIDDER AND DEPOSIT OF
FUNDS; PROVIDINO FOR EFFECTIVE DATE.
Resolution No. R-99-06 - Collier Club Final Plat Phase I (City Engineer/Growth Management
Transmittal 1/20/99, R-99-06)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL
PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB SUBDIVISION PHASE I, PROVIDING FOR REPEAL OF
RESOLIYHONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
99.024
99.025/98.045
99.026/98.032
99.027
15.
99.028
99.029
16.
17.
Do
Resolution No. R-99-07 - Vacation of Easement - Ford (Growth Management Director Transmittal,
R-99-07, Application, Site Map, Staff Report, Utility Letters)
A RESOLUTION OF TIkE CITY OF SEBASTIAN, INDIAN RIVER COIJNTY, FLORIDA, VACATING CERTAIN
EASEMEqqTS OVER LOTS 1 AND 2, BLOCK 16, SEBASTIAN HIGHLANDS U-NIT 1; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR RECORDiNG; PROVIDING FOR EFFECTIVE DATE.
Resolution No. R-99-08 - Vacation of Easement - Driben (Growth Management Director Transmittal,
R-99-08, Application, Site Map, Staff Report, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN
EASEMENIS OVER LOTS 14 AND 15, BLOCK 235, SEBASTIAN HIGHLANDS UNIT 6; PROVIDiNG FOR
CONFLICTS HEREWlTtt; PROVIDING FOR RECORDINO; PROVIDING FOR EFFECTIVE DATE.
Approve Renewal of Annual Sod Contract to B and T Sod for Second and Final Year (Public Works
Transmittal 1/13/99, Bid Form)
Authorize City Manager to Continne Rental of Digital Logging Recorder for Police Department (PD
Transmittal 1/7/99, Quote, Requisition)
Catalano Auto Sales - Placement of Structure (Canopy) With-In City Right-of-Way Along North
Central Avenue (Growth Management Director Transmittal, Site Plan, P & Z Minutes)
COMMITTEE REPORTS/RECOMMEh[DATIONS
~ode Enforcement Board
(City Clerk Transmittal 1/18/99, One Application, Ad, Member List)
1. Appoint Alternate Member - Unexpired Term to Expire 6/2001
Planning and Zoning Commission
(City Clerk Transmittal 1/18/99, Three Applications, Ads, Member List)
Appoint Regular Member - Unexpired Term to Expire 5/99
Appoint Alternate Member - Term to Expire 1/2000
INTROD_[ICTIQN OF NEW BUSINESS FROM THE PUB[[~
Item that has occurred or was discovt:red within the previous six months which is not otherwise on the agenda - sign-up
required - limit often minutes for each spt:aker
CITY COUNCIL MATTERS
B.
C.
D.
E.
Mr. Larry Paul
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
4
18.
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 A~ADE BY THE CITY COUNCIL WiTH RESPECT TO ANY MATTER CONSIDERED
AT TtlIS MEETING (OR HEARING) WILL NEED A RECORD OF TttE PROCEEDINGS AND MAY NEED 7'0 ENSURE THAT A VERBATIM
RECORD OF TItE PROCEEDINGS IS MADE, WHICtl RECORD INCLUDES TttE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITII DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR
THIS MEETING SHOULD CONTACT TIIE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available bt the Council Chambers for all Governm~,nt bleetings.
Upcoming Meetings;
· RegularMeeting- Wednesday, 2/10/199- 7pm
· RegularMeeting- Wednesday, 2/24/99- 7pm
· RegularMeeting- Wednesday, 3/10/99- 7pin
· SpecialMeetb~g - Monday, 3/15/99 - 7pm (El,:ction Matters)
° RegularMeeting- Wednesday, 3/24/99- 7pm
5
99.020/98.074
QUASI-JUDICIAL HEARING SIGN-UP SHEET
WEDNESDAY, JANUARY 27, 1999
Resol~tiQt~ No. R-99-04 - Major Modification to Site Plan for Exxon Gas
Station in Chesser's Gap PUD to Add Drive Through Car Wash (Growth
Management Transmittal 1/20/99, 1~-99-04~ Al~plic~II. ].,o~lltJoil_M~. P & ~,
Minute,s. Staff~:l~ort, L~gal Notice, Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
APPROVING A MAJOR MODIFICATION TO THE EXXON SITE PLAN WITHIN
CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR
EFFECTIVE DATE.
Persons who desire to make a presentation or present information or comment on an application or item must register with the
Ci0' Clerk or Board secretary prior to the time in the meetb~g at which such item is to be heard in accordance with R-97-21.
(meeting procedures)
dffeeted Parties are the Applicant, CiO, ,~a_fif mtc[ ~Pcr,~o~.~ F~ntltlqd to Notice Under Code or Statut,, A homeowners' or property
owners' association whose members include an affected paro' shall be granted affected paro' status by the Ci{y Council/Board
provided the association has been established pursuant to Florida Law. A certificate of good standing from the Florida Secretary
of State's office and a resohttion of the board of the association authorizing said representation shall be filed with the Cio' Clerk's
o~ce prior to the entio' 's request to be granted affected paro' status,
· d person who appears before the decision maMng body who i.~ nol att alT¢ctg~,ppar{y may be allowed to testify before the decision
maldng body, may be requested to respond to questions from the decision maMng body but need not be sworn as a witness and is
not subject to cross-examination and is not required to qualify as an expert witness. The decision making body shall assign weight
and credibilio' to such testimony as it deems appropriate.
Name
Address
Name
Address
Name
Address
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
JANUARY 27, 1999 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE
PREPARED AGENDA - L1M1T OF 10 MINUTES PER SPEAKER
Subject: ~c~ ~'
.......................... ~.[?2~___l~:m~_~
Address: ,~ ~2/~
Name:
Address:
Subject:
Name:
Address:
Subject:
Address:
Subject:
Address:
Subject:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JANUARY 27, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Sullivan called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Police Chaplain, Frank Camillo.
ROLL CALI~
Cily Council Present:
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Larry Paul
Staff Present:
City Manager, Thomas Frame
City Attorney, Rich Stringer
City Clerk, Kathryn O'Halloran
Public Works Director, Terry Hill
Growth Management Director, Tracy Hass
Chief of Police, Randy White
Deputy City Clerk, Sally Maio
Regular City Council Meeting
anuary 27, 1999
age Two
AGENDA MODIFICATIONS (ADDITIONS ANDIOI~DELETIONS)
Items not on the written agenda may be added only upon a majority vote of City Council members (R-97-21)
The City Manager stated he had distributed a memo regarding withdrawal of agenda item 99.018
Supplemental Agreement tl 11 with Masteller & Moler until February 10, 1998.
6. PROCL~TIONS. ANNOUNCEMENTS AND/OR PRESENTP~TIONS
Mayor Sullivan read and presented a proclamation to David Smith of the Planned Giving Council of Indian
River County designating February 1999 as "Leave a Legacy Month".
99.019 7.
ELECTION MATTERS (IN ACCORDANCE WITH CITY CHARTER THESE ITEMS MUST BE
ACTED UPON AT THIS MEETING) (City Clerk Transmittal, Proclamation, R-99-01, Charter Sections)
A. Mayor to Read Proclamation Calliog March 9, 1999 General Election
Mayor Sullivan read a proclamation calling the March 9, 1999 general election in accordance with
the City Charter.
AdogI Resolution No. R-99-01 in Accordance with Charter 4.07 - Designating Polling Places,
Offices to be Filled and Questions to be Decided
A ~LLrrlON OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING
PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 9, 1999, FOR THE PURPOSE OF ELECTING THREE CITY
COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING TWO REFERENDUM QUESTIONS ON THE BALLOT;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-01 by title.
MOTION by SullivardCartwright
I would move approval and adoption of Resolution R-99-01 in accordance with Charter 4.07.
VOICE VOTE on the motion carried 5-0.
C. Formal Request for Supervisor of Elections to_A~lminister Elect[on
MOTION by Sullivan/Neuberger
I'll move that we request the Supervisor of Elections for Indian River to administer the
March 9, 1999 municipal election.
VOICE VOTE on the motion carried 5-0.
D. AffmO Canvassing 13qord Appointm.,~ts
The City Clerk said she had asked Vice Mayor Wininger to join the Canvassing Board this year.
MOTION by Sullivan/Neuberger
I would move that the Council approve the request or recommendation by the City Clerk,
Mrs. O'Halloran and confirm her Canvassing Board appointments.
VOICE VOTE on the motion carried 5-0.
~kegular City Council Meeting
January 27, 1999
Page Three
99.007
oM 75-77
}9,008
oM 79-80
99.009
oM 81-85
CERTAIN iTEM~ DEFERRED FROM THE JANUARY 13. 1999 REGULAR MEg;TING
(Please Refer to January 13, 1999 Agenda Book.for Backup)
INTRODUCTION OF NEW BUSINESS FROM THE PUBLI~
(~ign-up Deferred.from 1/13/99 Meeting Only)
Harry Thomas, 654 Balboa Street, Sebastian - U.S. 1 widcning
COMMITTE]~ REPORTS/RECOMMENDATIONS
ConstmctioI113oard
1. Recommendation to Remove Billy Doyle from Board for Non-Attellil~.¢e in Accordance
with Section 2-173 of the Code of Ordinances (Building Dept. Transmi~al 12/17/98,
l 1/17/98]vJitlute$, 2-173)
MOTION by Cartwright/Neuberger
I move to remove Billy Doyle as a member of the Sebastian Construction Board.
VOICE VOTE on the motion carried 5-0.
Planning and ZoningCom~ission
1. Accept Resig~tl00n of Carl Fischer {Ci~ Clerk.Transmittal 1/4/99, Resig~atigO Letter)
MOTION by Wininger/Neuberger
I move to accept the resignation of Carl Fischer from the Planning and Zoning Commission
with regret.
VOICE VOTE on the motion carried 5-0.
Recreation Advisory. 130ard
1. geeomm~g~10tior~ to Remove Randall $~der from Board for No~-_Agendance in Accordance
with Section 2-17(3 Of the Code of Ordinanc~ (Public Works Transmitte~L12/22/98,
12/21/98 Minutes, 2-173, 2-213)
MOTION by Cartwright/Paul
I move to remove Randall Snyder from the Recreation Board.
VOICE VOTE on the motion carried 5-0.
NEW B.I.I$1NESS
(Items C, D, F, G and H were addressed at 1/20/99 Special Meeting)
:~anegular City Council Meeting
uary 27, 1999
Page Four
99.010/98.211 A.
oM 87-88
Discussion of Salary Increase for Cikv Clerk (City Clerk Memo, 12/1 (3/9)
MOTION by Sullivan
I would like to move that we approve a total raise for the year 1998/1999 retroactive to the
Office of the City Clerk anniversary, the total comes to about $1300, a total of 3%.
Discussion took place on the prior approval of 1% on October 1, 1998 and 1% on April 1, 1999.
Mayor Sullivan reiterated her motion as follows: "to approve a total of 3% salary increase for the
year 1998/1999 retroactive for the Office of the City Clerk". Mr. Neuberger seconded the motion at
this time. She said it was her intent to include the prior approvals in the 3%. Mr. Neuberger
withdrew his motion.
MOTION by Canwright/Neuberger
I move to award a merit increase of 3% merit retroactive to your anniversary date.
Vice Mayor Wininger recommended a higher salary for the City Clerk position.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - nay
MOTION CARRIED 4-1 (Wininger - nay)
99.0 ~ ~ B.
no baclcup
Mayor's Fact Fjll~ling Committee on ,~ix-Laning of US 1 (R¢ql~ested by Mayor Sullivan)
Mayor Sullivan stated her reasons for placing this item and reiterated her strong objection to any
widening of U.S. 1. She asked for Council concurrence to establish a temporary Mayor's committee
to continue fact finding.
MOTION by Sullivan/Neuberger
I would like to move and request that the Council give the Mayor this authority to continue
with this committee, to continue with the same committee members; Ruth Stanbridge has asked to
not serve any longer because she is a new member of the County Commission...and said that she will
continue as a backup....Kathleen Bishop said she could not continue but will continue her work
assignments.
She then read a letter from Jerald and Laura Smith into the record (see attached); and recommended
that Sal Neglia replace Harry Thomas on the Committee.
A lengthy discussion took place on the manner in which the committee was formed, and the fact that
FDOT had discontinued its planning and development study at this time.
4
gular City Council Me~ting
uary 27, 1999
Page Five
TAPE I- SIDE II (7:48 p.m.)
Louise Kautenberg, 973 Oswego Avenue, Sebastian, addressed Council.
VOICE VOTE on the motion failed 1-4 (Cartwright, Paul, Wininger, Neuberger - nay)
99.014/98.027 E. Approve ]~l~wal of Annual Ma~riol~ Contracts with Fischer a~l~5ons and Blackhawk Ouarry for
old 163-167 S~_olld and~Fhaal Year (Public Work~ Transmittal 12/31/99. Hill ~o 12/30/98, Agreement Page,
1 st Colltract Extensions)
MOTION by Paul/Neuberger
I'd like to move to approve the renewal of the annual materials contract with Fischer and Sons
and Blackhawk Quarry for the second and final year.
99.018/98.157
oM 205-210
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
MOTION CARRIED 5-0
I. Approve ~;upplemental Agree~rlt # 11 with Masteller a~J Moler for Stonecrog Darr~ Replacement
D~ign in the Amol~lt of $43,790 (Public Work~ Transmittal I/4/99, Stl~pl~tnental Agreement)
This item was previously withdrawn until February 10, 1999.
END OF ITEMS DEFERRED FROM.JANUARY 13, 1999 REGULAR MEETING
CITY ATTORNgy MATTERS
· Discussed Code Enforcement procedures that are being draRed relative to foreclosure; and reported
on the City and Department of Environmental Protection eases against Robert Taylor. It was decided
this matter should come back as an agenda item if Council wishes to pursue foreclosure.
ReangUlar City Council Meeting
uary 27, 1999
Page Six
10.
11.
12.
99.020/98.074
In response to inqui~ from Council, advised that only one reading was required for the quasi-judicial
item since it is a resolution and not an ordinance.
CITY MANAGER MATTFAI$
Reported on the Department of Community Affairs letter fmding the City's Comprehensive Plan in
compliance. He was directed to contact DCA regarding the reference to Clay County referenced and
correction to Mayor Sullivan.
Stated several applications for City Manager have been submitted
Stated the contractor for the Indian River Drive sidewalk is in town to begin and has met with City
Engineer. Discussion took place on relocating any valuable trees.
CONSENT AGENDA
All items on the consent agenda are cortsidered 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 - 1/13/99 Regular Meeting, 1/20/99 Special Meeting
The City Manager read the consent agenda.
MOTION by Cartwright/Paul
I move to approve item A of the Consent Agenda.
VOICE VOTE on the motion carried 5-0.
QUASI-JUDICIAL PUBLIC HEARING
Resolution No~ R-99-04 - Major Modiflg0tion to Site Plan for l~xxon Gas Station_in Chesser's Gap
PUD to Add Drive Through Car Wash (Growth Mallogement Transmittal 1/20/99, R-99-04,
~pplicatio~, Location Map~ P & Z Minutes, Staff Report, Legal Notice,. plat Under Separate
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrlqTY, FLORIDA, APPROVING A MAJOR
MODIFICATION TO THE EXXON SITE PLAN WITHIN CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-04 by title; and Mayor Sullivan opened the public
heating at 8:10 p.m.
The Growth Management Director stated the applicant was not in attendance.
MOTION by Sullivan/Cartwright
I would move to table this item to a Special Meeting held for the purpose of holding the
quasi-judicial hearing on February 17, 1999
VOICE VOTE on the motion carried 5-0.
6
egular City Council Meeting
uary 27, 1999
Page Seven
13. OLD BUSINESS - None
14. ~]~'W BUSINESS
99.015 A.
99.021/98.208 B.
Authorize Expenditures of $32,271.90 for CulYerI.Replacements and $12,578.01 for Side Yard Pipe
Imtallation to C..IL McLellan, the Annual Culvert Replacement Contractor (Public Works/
£ngipeCring Transmittal 1/20J[}9, Work Order lA, lB..2 ~ 3, Spreadsheet for Storxrlwater
Projects)
The City Manager reviewed a balance sheet submitted by the City Engineer relative to current
stormwater projects (see attached).
MOTION by Neuberger/Paul
I move to authorize the expenditures of $32,271.90 for culvert replacements and $12,578.01
for side yard pipe installation to C.R. McClellan, the Annual Culvert Replacement Contractor.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
MOTION CARRIED 5-0
Rgsolution No~ R-99-05 Ratifying Auctiorl Held 12/21/98 and Authorizing ExecutioI1 of Quit Claim
Deed for Ai~on~Property to Collier Chtb, Inc. (City Attorney Transmittal 1/21/99, Auction Minutes.
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CONFIRMING AUCTION OF
SURPLUS AIRPORT PROPERTY; AUTHORIZING EXECUTION OF DEED TO HIGH BIDDER AND DEPOSIT OF
FUNDS; PROVIDING FOR EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-05 by title.
MOTION by Paul/Neuberger
I move to adopt Resolution R-99-05 ratifi~ing the auction held 12/21/98 and authorizing the
Mayor, City Clerk and necessary personnel to execute a quit-claim deed to Collier Club, Inc. and
directing the City Manager to appropriately deposit the proceeds of the sale.
7
City Council Meeting
January 27, 1999
Page Eight
ROLL CALL:
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
99.022/98.088
P~soluti90 No. R-99-06 - Collier Club Final PiJt Phase I (City E~lgin~cr/Growth Management
Transn~jttal 1/20/99, R-99-06)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL
PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB SUBDIVISION PHASE I, PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWI'Hq; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-06 by title.
MOTION by Cartwright/?aul
I move to adopt Resolution 99-06.
It was noted that a difference in road names on pages 2 (Airport Road) and 3 (Airport Drive) of the
plat should be corrected.
Steve Melchiore, OnSite Management, responded to a question from Council regarding language on
page 2 number 8, stating that Tract I will be dedicated to Indian River County after improvements
are completed, and the County will accept maintenance responsibility.
The City Attorney said he would feel more comfortable if the language read, "The City of Sebastian
shall not have any responsibility, duty or liability regarding said road or tract."
MOTION by Sullivan/Cartwfight
I would move that amendment.
VOICE VOTE on the amendment carried 5-0.
Mr. Melchiore requested an easier rewrite and the City Attorney changed it as follows .... The City
of Sebastian shall have no responsibility, duty or liability regarding said road or tract.".
ROLL CALL:
(main motion as amended)
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
MOTION CARRIED 5-0
anegular City Council Meeting
uary 27, 1999
Page Nine
Mayor Sullivan called recess at 8:35 p.m. and reconvened the meeting at 8:47 p.m. All members
were present.
99.023
Resolution No. R-99-07 - Vacation of EasemenI - Ford (Growth Management Director Transmittal
R-99-07, Applicatio~l,$it.e Map, Staff ReporL UtiliW I.~V~rs)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN
EASEMENTS OVER LOTS 1 AND 2, BLOCK 16, SEBASTIAN HIGHS UNIT 1; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-07 by title.
TAPE II - SIDE I (8:50 p.m.)
Staff was directed to determine if the metal shed is within the easement line.
MOTION by Paul/Neuberger
I move to adopt Resolution No. R-99-07.
ROLL CALL:
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
99.024
Resolution No. 1~-~9-08 - Vacation of E.a~ment - Driben (Growth Management Director Transmittal.
R-99-08. Application, Site Map, Staff Report, Utili~ Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN
EASEMENTS OVER LOTS 14 AND 15, BLOCK 235, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-08 by title.
MOTION by Paul/Neuberger
I move to adopt Resolution No. R-99.08.
The City Manager requested a condition whereby the applicant must grant back a six foot easement on
the west side of lot 15 to the City.
MOTION by Paul/Neuberger - so mended to add the provision as stated by the City Manager to the
motion.
9
anegular City Council Meeting
uary 27, 1999
Page Ten
99.025/98.045 F.
99.026/98.032 G.
ROLLCALL:
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Appro¥~ Renewal of Annual SoO COl~tract to B and T Sod/or S~olad and Final Year (Public Works
Transmittal 1/1~3./~9. Bid Form)
MOTION by Paul/Wininger
I move to approve the renewal of the annual sod contract with B & T Sod for the second and
final year.
Mr. Neuberger expressed concern for pallets left in and damage to City fights-of-way. The City
Manager suggested that the Public Works Director can verify that pallets are cleaned up prior to
issuance of payment.
ROLLCALL:
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
Authorize Cit~ Mi~ager to Continue Rental of l)igital Logging Recorder for Police Department (PD
Transmittal 1/?/99, Quote, Requisiti..oll)
MOTION by Wininger/Neuberger
I move to authorize the City Manager to continue renting the existing digital logging
recorder at a cost of $249 per month for the balance of FY 98/99, if necessary, and accept
Communications International's offer to reimburse $149 of each monthly payment toward the
purchase of a new logging recorder if the City decides to make such a purchase.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
MOTION CARRIED 5-0
10
:~,eangUlar City Council Meeting
uary 27, 1999
Page Eleven
99.027
99.028
99.029
15.
H. Catalano Auto ~;t~1~ - Placement of Struct~¢ (Canopy) With-In City Right-_of-Way Along North
Central Av~l~ue (Growth Management_Director Transmittal, Site Plall, P & Z Minutes)
Following some discussion, motion was made.
MOTION by CartwrighffPaul
I move to deny the request to place an awning in the right-of-way by Mr. Orlando Catalano.
VOICE VOTE on the motion carried 5-0.
~OMMITTEE REPORT$/Ri~COMMENDATIO~]$
A. Code Enfor~:~ment Board
(City Clerk Transmittal 1/18/99, One Application, Ad, Member List)
1. Appoint Altema¢ Member - Unexpired i~rm to Expire 6/2001
City Council interviewed Adrina Davis.
MOTION by Sullivan/Cartwright
i move the appointment of Mr. Davis to the unexpired term to expire to expire 6/2001.
VOICE VOTE on the motion earned 5-0.
B. Planning Nd Zoning Commission
(City Clerk Transmittal 1/18/99, Three Applications, Ads, Member Lis0
The City Clerk noted that Kevin MacWilliam had withdrawn his application (see memo attached).
City Council interviewed Charles Barrett, Jr.
1. Aopoint Regular Me~10er - Unexpired Team tO Expire 5/99
MOTION by Neuberger/Cartwright
I make a motion to appoint Mr. Barrett to the regular member position unexpired term to
expire 5/99.
VOICE VOTE on the motion carried 5-0.
2. Appoint Alterllate Member - Term ~O Expire 1/2002
City Council interviewed William Evely.
MOTION by Cartwright/Sullivan
I move to appoint William Evely to the alternate member position term to expire I/1/2002.
VOICE VOTE on the motion carried 5-0.
11
jRegular City Council Meeting
anuary 27, 1999
Page Twelve
16.
INTRODUCTION OF NEW BUSINESS Fi]OM 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
The following individuals addressed City Council:
James Schmitz, Starflower Avenue, Sebastian - Yacht Club Parking
17. CITY COUNCIL MATTERS
A. Mr. Lllrry Paul
Thanked Police Department for slowing down vehicles on Skyline Drive
Inquired about Cavcorp property trees on west side and the City Manager said he is working
with Chris McCarthy to relocate those trees
Requested copy of punch list of Cavcorp items not completed
B. Mayor K~th Sullivan
Suggested leaving FPL lights on at both boat ramps and the City Manager said no staff
decision will be made until it is brought back to Council
C. Vice Mayor M0xtha Wininger
Said that burned out Schumann lights that she had previously reported on were still out
Congratulated all Council candidates and urged voters to come out to vote
D. Mrs. Louise Cartwfiglll;
Said health insurance proposals need to be reviewed and City Manager said it is being
researched for a bid
E. Mr. Chuck Neuberger
Inquired about pedestrian hit on US 1 and Main Street
Said signs prohibiting dogs in parks were needed
TAPE H - SIDE ii (9:40 p.m.)
Requested update on the Sturm committee and the City Attorney said only one volunteer had
come in
Said he had Notice that there are no Sebastian builders working in Collier Club
12
Regular City Council Meeting
anuary 27, 1999
Page Thirteen
Inquired about the status of mowers and the City Attorney said will bring a report to next
meeting
Asked if Council should be asking the names and addresses of people addressing City
Council and the City Attorney stated that a name may be needed on quasi-judicial and
affected parties may have to give an address but other than that it may not be necessary
18. Being no further business, Mayor Sullivan adjourned the Regular Meeting at 9:45 p.m.
Approved at theT~~ ~/~
Clerk
,19~, Regular City Council Meeting.
Mayor
13
January 12, 1999
Sebastian City Council
1225 Main Street
Sebastian, Fl. 32958
Dear City Council members,
Jerald E. Smith, Sr.
Laura Smith
9406 126th Avenue
Fellsmere, FI. 32948
As business and property owners within the city of Sebastian, we are still very much '
concerned about plans to widen U.S. #1, even though we understand that it has been put on a back
burner for now.
We own Jerry Smith Tile and Floorcovering, Laura's Place and Sweet Briar Storage Corp.
We also own three pieces of commercial property directly on the west side of U.S. #1. Our
floorcovering business operates on one piece of property and we have two buildings rented to other
businesses. One of these buildings is historically significant and is not currently, but could be
'napact the widening of U.S. #1 would have on our businesses and
"~,ve it would force the condemning of many buildings
~ely detrimental to the city itself. We pay an enormous
~s would have agrave effect on the city's tax base as
placed on a historical listing. T
properties would be devastat;
including ours, along U.S.
amount of tax each year'
well as our livelihood. ~
We respond',,,r ~/~ ~\
returning the co'
tried to ask quesh,.~ Y'
the road, and we wer~x\ ~ ~_ed up rather rudely, and told we would have to speak to
them one on one. They h~. ~/the public to hear their response.
J ' ~cement by attending the Public Workshop and by
~. very intensive, long letter. While at the workshop, we
\~ ~ ~3Videning U.S. #1 on businesses and properties so close to
,\
\,
We adamantly support the continuation of the committee formed by our Mayor, Ruth
Sullivan. It is vitally important that we put a stop to any future plans to widen U.S. #1. We do not
want vehicles speeding through our town at 60 mph. We want people to stop, look, and enjoy our
beautiful city, support our businesses, and tell others. We need to protect ourselves by looking into
alternatives and perhaps looking into the Historical District idea. The continuation of the
committee is a responsibility and obligation of the city council to the business o.~ners, property
owners, and residents of Sebastian. We will need a voice in our future for the good of the city. This
committee can provide that.
We are currently circulating a petition to this effect and hope that council members will
listen and take into account our stance on this matter.
Thank you.
Laura S. Smith
Jerald E. Smith, Sr.
City of Sebastian, Florida
1225 Main Street [] Sebastian, Florida 32958
Telephone (561) 589-5330 [] Fax (561) 589-5570
Date:
To:
January 27, 1999
The Honorable City Council
From: Thomas W. Frame, City Manager ~ ~-), ~
Subject: Agenda Item No. 99.018/98.157 Supplemental Agreement # 11
with Masteller and Moler Engineering (January 27, 1999)
Due to issues of concern by both the City Engineer and myself, I am pulling this matter from the
agenda and will reschedule the matter before the Council for the February 10~, City Council
meeting.
SWMS-001 CULVERT REPLACEMENT as of '1120/99
Carry Forward Balance from FY98
Appropriated in FY99
Total Available Funds
Expenditures & Encumberances in FY99
Remaining Balance
New Request
Anticipated Balance
$29,253.88
$400.000.00
$429,253.88
$196,377.37
$232,876.51
$32.271.90
$200,604.61
DR-01-96 SIDE YARD CULVERTS as of 1/20/99
Carry Forward Balance from FY98
Appropriated in FY99
Total Available Funds
Expenditures & Encumberances in FY99
Remaining Balance
New Request
Anticipated Balance
$16,619.45
$50.000.00
$66,619.45
$0.00
$66,619.45
$12,578.01
$54,041.44
Page 1