HomeMy WebLinkAbout03101993 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH I0, 1993 - 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.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - None
4. ROLL CALL
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-89-59).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARING, FINAL ACTION
93.074
PGS 1-5
Thomas Collins - Appeal to Planning & Zoning
Commission Site Plan Approval Re: Parking Stall
Width (Staff Recommendation dated 3/3/93,
Collins Letters dated 7/22/92 and 2/8/93, P & Z
Memo dated 2/18/93)
8. PUBLIC INPUT ON AGENDA ITEMS
PGS 7-25
93.093
PGS 27-33
93.094
PG$ 35-36
93.095
PGS 37-38
93.096
PG 39
93.097
PGS 41-43
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 - 2/24/93 Regular Meeting,
3/3/93 Workshop
Receive Code Enforcement Orders - Sebastian Bait
& Tackle Shop Case No. 92-7518 - White Case No.
92-7559 - Capp Case No. 92-7536 - Receive Code
Enforcement Lien Case No. 92-6993 (Sanders
[Slavens]) (Orders)
RESOLUTION NO__=. R-93-09 "Go Dodger Days"
(R-93-09)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, DESIGNATING MARCH 13 AND
14, 1993 AS "GO DODGER DAYS" IN THE CITY OF
SEBASTIAN, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
Craft Club of Sebastian - Request Use of
Riverview Park - Craft Shows - 4/3/93 and 5/1/93
w/ Raindates - Standard Conditions (City Clerk
Recommendation dated 2/26/93, Tucker Letter dated
2/24/93)
Waive Bidding Procedure - Approve Expenditure of
$4,600.00 for Seed and Mulch Outfall Ditch -
Blocks 405, 437 and 445 - Nail Farms (Staff
Recommendation dated 3/3/93)
Bid Award - Golf Course Teemower - Hector Turf of
Deerfield Beach - $12,990.00 (Staff
Recommendation dated 3/4/93, Golf Course
Superintendent Memo dated 3/3/93, Bid Tabulation)
10. PRESENTATIONS - None
2
11. MAYOR AND CITY COUNCIL MATTERS
A. Mrs. Carolyn Corum
B. Dr. Peter R. Holyk
C. Mr. George G. Reid
D. Mayor Lonnie R. Powell
E. Mr. Frank Oberbeck
12. CITY ATTORNEY MATTERS
13. CiTY M;~NAGER MATTERS
14. COMMITTEE REPORTS/RECOMMENDATIONS
15. OLD BUSINESS
16. NEW BUSINESS
93.098/
92.041
PGS 45-51
Gibson Street Improvements - Request Fifty
Percent of Funding from Indian River County (City
Manager Recommendation dated 3/3/93, Davis Letter
dated 2/25/93, City Manager Letter dated
12/14/92, Cost Estimate)
93.099
PGS 53-57
Waive Bidding Procedures - Sole Source - Approve
Purchase of Model 550 Dozer - Case Power and
Equipment - $39,500.00 (Staff Recommendation
dated 3/4/93, City Engineer Memo dated 3/4/93)
17.
INTRODUCTION O__F BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
93.014
PGS 59-62
Charles Silva and Fritz Steiler - Request to Stop
Plans to Extend Wave Street Until Comprehensive
Study Completed (City Manager Recommendation
dated 3/1/93, Silva Memo dated 3/1/93, Eckis Memo
dated 12/22/93)
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.)
MARCH 10, 1993 REG~'OON'CIL MEETING
(Use this fq~O_NL~or input on items on the prepared agenda
except for ~ubll~-qqearings which have the. ir own signup sheets.
If you wis~ to speak during the actual discussion of the matter
rather th/n during "Public Input on Agenda Items" please note.)
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MARCH 10, 1993 REGULAR MEETING
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(Use thi/"form OILY for presentation of matters NOT on the
prepare~ agenda. Introduction of Business from the Public is the
last ~em on the agenda)
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PUBLIC HEARING SIGN-UP SHEET
COLLINS APPEAL TO P & Z SITE PLAN APPROVAL
DEVELOPMENT CODE AMENDMENTS
MARCH 10, 1993 REGULAR MEETING
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 10, 1993 - 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.
1. Mayor Powell called the meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
3. There was no one scheduled for invocation.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Dr. Peter Holyk
Mr. George Reid
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
March 10, 1993
Page Two
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-89-59).
The City Manager requested that R-93-09 - Go Dodger
Days - be moved to Proclamation/Announcements. city
Council concurred.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
93.094
RESOLUTION NO. R-93-09 "Go Dodger Days"
(R-93-09)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, DESIGNATING MARCH 13 AND
14, 1993 AS "GO DODGER DAYS" IN THE CITY OF
SEBASTIAN, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
The City Manager read Resolution No. R-93-09 in its
entirety.
MOTION by Oberbeck/Corum
I would move that we adopt Resolution No. R-93-09
by title only.
VOICE VOTE on the motion carried 5-0.
Mayor Powell presented the resolution to Los Angeles
Dodgers' representatives.
7. PUBLIC HEARING, FINAL ACTION
93.074
Am
Thomas Collins_- Appeal to Planning ! zoning
Commission Site Plan Approval Re: Parking Stall
Width (Staff Recommendation dated 3/3/93,
Collins Letters dated 7/22/92 and 2/8/93, P & Z
Memo dated 2/18L93~
The City Attorney swore in Tom Collins.
Mr. Collins presented his appeal to City Council to
allow nine foot wide parking stalls at Captain
Hiram's, as denied by the Planning and Zoning
Commission during site plan approval.
The City Attorney swore in Bruce Cooper, Director of
Community Development.
Regular City Council Meeting
March 10, 1993
Page Three
The Director of Community Development cited prior
city Council approval for a similar appeal from
Damian Gilliams.
Mr. Reid stated that prior approval for nine foot
wide stalls for Damian Gilliams stipulated that a
unique situation existed on the east side of Indian
River Drive.
Mr. Oberbeck questioned why the appeal was not
received within ten days of site plan approval and
the Director of Community Development said the appeal
had been filed and held in abeyance by staff.
Discussion followed relative to whether precedent had
been set.
A1 Vilardi, 445 Georgia Boulevard, Sebastian,
was sworn in by the City Attorney, said he had
reviewed the tape and agreed that the east side of
Indian River Drive was stipulated.
MOTION by Corum/Holyk
I would move that Council approve Mr. Collins'
request for nine foot parking stalls in his parking
lot west of Indian River Drive.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 5-0.
8. PUBLIC INPUT ON AGENDA ITEMS
A1 Vilardi, 445 Georgia Boulevard, Sebastian,
addressed City Council on bid waivers.
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 - 2/24/93 Regular Meeting,
3/3/93 Workshop
Regular City Council Meeting
March 10, 1993
Page Four
93.093 B.
Receive Code Enforcement Orders - Sebastian Bait
& Tackle Shop Case No. 92-7518 - White Case No.
92-7559 - Capp Case No. 92-7536 - Receive Code
Enforcement Lien Case No. 92-6993 (Sanders
[Slavens]) (Orders)
93.094 C.
93.095 D.
93.096 E.
RESOLUTION NO. R-93-09 "Go Dodger Days"
(R-93-09)
(This item was moved to Proclamations/
Announcements)
Craft Club of Sebastian - Request Use of
Riverview Park - Craft Shows - 4/3/93 and 5/1/93
w/ Raindates - Standard Conditions (City Clerk
Recommendation dated 2/26/93, Tucker Letter dated
2/24/93)
Waive Bidding Procedure - Approve Expenditure of
$4,600.00 for Seed and Mulch Outfall Ditch -
Blocks 405, 437 and 445 - Nail Farms (Staff
Recommendation dated 3/3/93)
93.097 F.
Bid Award - Golf Course Teemower - Hector Turf of
Deerfield Beach - $12,990.00 (Staff
Recommendation dated 3/4/93, Golf Course
Superintendent Memo dated 3/3/93, Bid Tabulation)
The City Manager read the consent agenda in its
entirety.
Mr. Oberbeck removed item E.
MOTION by Oberbeck/Reid
I would move that we approve items A, B, D and F
of the consent agenda.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 4-0 (Holyk absent - excused from 7:42
to 7:44 p.m.)
Regular City Council Meeting
March 10, 1993
Page Five
Item E - Seed and Mulch Outfall Ditch
The city Engineer said dollars for this project as well
as the Dozer purchase will come from drainage
improvements funds and this project affects 37 lots.
Mr. Oberbeck was excused from 7:46 p.m. to 7:48 p.m.
Mrs. Corum suggested going out to bid.
TAPE I - SIDE II (7:48 p.m.)
MOTION by Oberbeck/Reid
I would like to move that we approve item E of
the consent agenda.
ROLL CALL:
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 5-0.
10. PRESENTATIONS
None.
11. MAYOR AND CITY COUNCIL MATTERS
A. Mrs. Carolyn Corum
None.
B. Dr. Peter ~. Holyk
Dr. Holyk commented on violation of election laws and
dissatisfaction with the way the election was
conducted.
C. Mr. George G. Reid
Mr. Reid said it has been an honor serving on City
Council and working with city staff. He said he
considers certain staff members as friends and
commended staff members for the job they have done.
5
Regular City Council Meeting
March 10, 1993
Page six
D. Mayor Lonnie R__. Powell
Mayor Powell commended Mr. Reid and said that he
was not involved in the distribution of fliers.
E. Mr. Frank Oberbeck
Mr. Oberbeck said much was accomplished in the last
two years and commended Mr. Reid for his work on
Council.
Mr. Oberbeck read a letter he received from the
Department of Health and Rehabilitative Services
relative to Macho Products inspections; and reported
on his attendance at the MPO meeting regarding an
Amtrak stop in Vero Beach, proposed SR 60 widening to
four lane, and Merrill-Barber Bridge.
Mayor Powell announced the Special Meeting on Monday,
March 15, 1993 for investiture of new officers.
Mayor Powell called recess at 8:03 p.m. and
reconvened the meeting at 8:15 p.m. Ail members of
City Council were present.
The Director of Community Development said that
subsequent to City Council motion on the Collins
appeal, Mr. Collins said it was his intention to also
request nine foot stalls on the east side of Indian
River Drive.
MOTION by Corum/Reid
I move to include the east side too.
original motion for Tom Collins appeal)
(to the
VOICE VOTE on the motion carried 5-0.
12. CITY ATTORNEY MATTERS
The city Attorney reported on proposed special
legislation for Golf Course liquor sales.
13. CITY MANAGER MATTERS
93.016
The City Manager requested that Council add an item
to the agenda relative to U.S. Fish and Wildlife use
of an advertising hot air balloon for Pelican Island
Day on March 14, 1993.
6
Regular City Council Meeting
March 10, 1993
Page Seven
93.098/
92.041
MOTION by Oberbeck/Reid
I'd like to move to add to the agenda the request
of Fish and Wildlife to use the balloon at the
festivities taking place this Sunday.
VOICE VOTE on the motion carried 5-0.
MOTION by Oberbeck/Reid
I would move that we approve the use of the
balloon at the festivities taking place with Fish and
Wildlife this Sunday.
VOICE VOTE on the motion carried 5-0.
The City Manager requested direction from City
Council regarding the immediate purchase of a lot at
the intersection of Barber and Pelican Island Place
for realignment subject to approval from Indian River
County for reimbursement with impact fee funds. City
Council directed the city Manager to negotiate for
purchase and bring back a contract.
The City Manager commended Mr. Reid and Dr. Holyk for
their work on city Council.
14. COMMITTEE REPORTS/RECOMMENDATIONS
None.
15. OLD BUSINESS
None.
16. NEW BUSINESS
Gibson Street Improvements_- Request Fifty
Percent o__f Funding from Indian River County (City
Manager Recommendation dated 3/3~93, Davis Letter
dated 2/25/93, City Manager Letter dated
12/14/92, Cost Estimate)
The City Manager reported on staff's recommendation
to seek 50 percent funding from Indian River County
to pave 1324 linear feet of Gibson Street. He said
this would be placed in the 93/94 fiscal year's
street improvement program unless moneys are
otherwise available.
7
Regular City Council Meeting
March 10, 1993
Page Eight
MOTION by Oberbeck/Reid
I would move to that effect (direct staff to
formally request Indian River County to fund 50
percent of the proposed improvements to Gibson
Street)
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
93.099
Waive Bidding Procedures - Sole Source ~ Approve
Purchase o~f Model 55__0 Dozer - Case Power and
Equipment - $39,000.00 (Staff Recommendation
dated 3/4/~3, City Engineer Memo dated 3/4/93)
The City Engineer presented the request and noted
that the City will receive a $10,000.00 credit from
the vendor toward the original purchase price of
$49,000.00.
TAPE II - SIDE I (8:47 p.m.)
Jerry Thomas, Assistant Public Works Director,
said the equipment has a one year parts and labor and
five year engine and drive train warranty.
MOTION by Holyk/Reid
I would move to approve the purchase of the model
550 Bulldozer from Case Power and Equipment in the
amount of $39,000.00 and that we are waiving the
bidding procedure based on sole source.
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
MOTION CARRIED 5-0.
Regular city Council Meeting
March 10, 1993
Page Nine
17.
INTRODUCTION O__F BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
Mayor Powell noted that the city has a resolution on
the books requiring unanimous vote to place items on
the agenda if not done so prior to agenda
preparation, and that although he did not want to
lock people out from speaking, he was concerned about
placement of items time after time by the same party.
The city Attorney advised that City Council review
the resolution and either follow it or amend it.
The resolution was placed on the next workshop
agenda.
93.014
Charles Silva and Fritz Steiler - Request to Stop
Plans to Extend Wave Street Unti~ Comprehensive
Study Completed (City Manager Recommendation
dated 3/1/93, Silva ~emo dated 3/1/93z Eckis Memo
dated 12/22/93)
Charles Silva and Fritz Steiler presented their
request to City Council, citing results of a traffic
count they had conducted.
Other Matters
Herbert Sturm, 549 Saunders Street, Sebastian,
addressed City Council on Code Enforcement Board
matters.
18.
Being no further business, Mayor Powell adjourned the
meeting at 9:15 p.m.
Approved at the ~~tC~ J~ , 1993, City Council
~~ Meet in~. ~ // ~ ~
"Halloran, CMC/AAE
9