HomeMy WebLinkAbout03241993 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 24, 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 - No One Available
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
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
93.085
P~S 1-2
93.065
PGS 3-20
93.066
P~S 21-26
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
Sebastian Lakes - Terminate Conceptual
Development Plan and Consider Rezoning (Staff
Recommendation dated 3/18/93, R-92-45)
ORDINANCE NO. 0-92-07 - Rhodes (Sebastian Grove
Holdings) Comprehensive Land Use Plan Amendment
(Staff Recommendation dated 3/18/93, 0-92-07, DCA
Letter dated 11/12/92, Findings of Facts)
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 INDIAN RIVER
COUNTY RURAL DISTRICT TO CITY LD (LOW DENSITY)
DISTRICT FOR LAND LOCATED IN THE SOUTHWEST SECTION OF
THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS,
LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET
AND NORTH OF THE SEBASTIAN RIVER FLOODWAY; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (P & Z Public
Hearing 1/16/92, 1st Reading 3/25/92, Letters to
Property Owners 4/10/92, Advertised 1/4 Page 5/4/92,
1st Public Hearing 5/13/92, Transmitted to DCA
7/31/92, Council Review of Comments 2/10/93, Letters
to Property Owners 2/19/93, Advertised 1/4 Page
3/17/93, 2nd and Final Public Hearing 3/24/93)
ORDINANCE NO. 0-92-08 - Rhodes (Sebastian Grove
Estates) Rezoning (Staff Recommendation dated
3/18/93, 0-92-08)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY IN THE SOUTHWEST SECTION OF THE
CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS,
LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET
AND NORTH OF THE SEBASTIAN RIVER FLOODWAY FROM COUNTY
ZONING DiSTRiCT AG-1 (AGRICULTURAL) TO CITY ZONING
DISTRICT RS-10 (SINGLE-FAMILY RESIDENTIAL); PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE. (P & Z Hearing 1/16/92,
Held' for 0-92-07, 1st Reading 3/25/92 and reread
2/10/93, Letters to Property Owners 2/19/93, Public
Hearing 3/24/93)
2
PGE 27-39
93. 014
PGE 41-42
93.100
PGE 43-44
93.101
PGE 45-47
93.102
PGE 49-51
93.103
PGE 53-54
93.104
PGE 55-57
PUBLIC INPUT O__N AGENDA ITEMS
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 - 3/10/93 Regular Meeting,
3/15/93 Special Meeting
Bid Award - Wave Street Construction - Fischer &
Sons, Inc. - $18,456 (Staff Recommendation dated
3/15/93, Bid Tabulation)
Bid Award - Riverview Park Boardwalk - Capp
Custom Builders, Inc. - $21,348.00 (Staff
Recommendation dated 3/17/93, Bid Tabulation)
Waiver of Bidding Procedure - Sole Source -
Technical Support Agreement - IBM RISC/6000
Computer System - $7,800.00 (Staff Recommendation
dated 3/17/93, Agreement)
Fraternal Order of Police - Request Rental Fee
Waiver and Alcoholic Beverage Use - Community
Center - Dances - 7/31/93 and 12/31/93 - Security
on Hold - Permittee DOB 4/7/48 (City Clerk
Recommendation dated 3/9/93, Hardison Letter
dated 3/2/93, Application)
Ordonez - Request Alcoholic Beverage Use -
Community Center - Birthday Party - 4/24/93 - 4
p.m. to 10 p.m. - Security Paid - Permittee DOB
7/4/51 (City Clerk Recommendation dated 3/15/93,
Application)
Sebastian Panthers Youth Fundraiser Dance -
Request Full Fee Waiver and Security Reduced to
$100 for Community Center - 4/17/93 ~ 7 p.m. to
10:30 p.m. (City Clerk Recommendation dated
3/18/93, Raborn Letter dated 3/17/93,
Application)
93.105
PGS 59-67
93.111
PGS 69-72
10.
11.
93.106
P~S 73-74
93.107
PGS 75-81
RESOLUTION NO. R-93-10 - Abandonment of Easement
Lots 26 & 27, Block 201, Unit 8 (R-93-10, City
Engineer Memo dated 3/18/93, Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE PUBLIC UTILITY AND DRAINAGE
EASEMENTS ON EAST SIX FEET OF LOT 27, AND THE WEST
SIX FEET OF LOT 26, BLOCK 201, SEBASTIAN HIGHLANDS
UNIT 8, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 6-12, 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.
Sunshine Quality Construction, Inc. - Request
Specimen Tree Removal , Lot 7, Block 52, Unit 2,
Sebastian Highlands (Staff Recommendation dated
3/19/93, Application, Survey)
PRESENTATIONS - None
MAYOR AND CITY COUNCIL MATTERS
Mayor Lonnie R. Powell
1. Appoint Members to Indian River County Boards
(City Clerk Recommendation dated 3/15/93)
2. Pending City Council Items (Pending List)
B. Vice-Mayor Frank Oberbeck
C. Mrs. Carolyn Corum
D. Mrs. Norma Da~
E. Mr. Robert Freeland
12.
13.
93.108 A.
PGS 83-134
14.
15.
93.091 A.
PGS 135-138
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
Finance Department Operation (Finance Director
Recommendation dated 3/18/93 w/ Attached Report)
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
Blossom Lake Improvements (Staff Recommendation
dated 3/15/93, Casagrande Letter dated 3/5/93,
Drawing and Petition)
4
16.
93.001
~QS 139-140
93.109
PGS 141-144
93.110
PGS 145-150
17.
93.013
92.189
NEW BUSINESS
Airport Manager - Direct city Attorney to Prepare
Ordinance to Further Extend Effective Date of
ordinance No. O-92-14 for Ninety Days (City
Manager Recommendation dated 3/17/93, Van Antwerp
Letter dated 3/16/93)
ORDINANCE NO__~. 0-93-07 - Reimbursement of City
Council Expenses (City Manager Recommendation
dated 3/18/93)
First Reading, Set Public Hearing for 4/14/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ADMINISTRATION;
AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE
CiTY OF SEBASTIAN BY ADDING NEW SECTION 2-34 TO
PROVIDE FOR REIMBURSEMENT OF EXPENSES OF COUNCIL
MEMBERS; 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.
Bid Award - Golf Course Irrigation Pump System
- French Enterprises, Inc. - $58,963 (Staff
Recommendation dated 3/18/93, Bid Tabulation, GCS
Memo dated 3/17/93, Alternate Proposal)
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
A. John Kanfoush - Basketball Courts (No Backup)
Herbert Sturm - Code Enforcement Board (No
Backup)
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.)
PUBLIC HEARING SIGN-UP SHEET
MARCH 24, 1993 REGULAR MEETING
ORDINANCE NO. 0-92-08 - RHODES (SEBASTIAN GROVE
HOLDINGS) REZONING
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE
SOUTHWEST SECTION OF THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR
LESS, LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET AND
NORTH OF THE SEBASTIAN RIVER FLOODWAY FROM COUNTY ZONING DISTRICT
AG-1 (AGRICULTURAL) TO CITY ZONING DISTRICT RS-10 (SINGLE-FAMILY
RESIDENTIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROViDI~AN EFFECTIVE DATE.
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PUBLIC HEARING SIGN-UP SHEET
MARCH 24, 1993 REGULAR MEETiNG
ORDiNANCE NO. 0-92-07 - RHODES (SEBASTIAN GROVE
HOLDiNGS) COMPRE~NSIVE LAND USE PLAN AMENDMENT
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 INDIAN
RIVER COUNTY RURAL DISTRICT TO CITY LD (LOW DENSITY) DISTRICT FOR
LAND LOCATED IN THE SOUTHWEST SECTION OF THE CITY, APPROXIMATELY
18.4 ACRES, MORE OR LESS, LOCATED SOUTH OF BLOCK 339, WEST OF
LACONIA STREET AND NORTH OF THE SEBASTIAN RIVER FLOODWAY;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
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PUBLIC HEARING SIGN-UP SHEET
SEBASTIAN LAKES - CONSIDER TERMINATION OF
CONCEPTUAL DEVELOPMENT PLAN AND REZONING
MARCH 24, 1993 REGULAR MEETING
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PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
MARCH 24, 1993 REGULAR CITY COUNCIL MEETING
(Use this form ONLY for input on items on the prepared agenda
except for public hearings which have their own slgnup sheets.
If you wish to speak during the actual discussion of the matter
rather th~h during "Public Input on Agenda Items" please note.)
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INTRODUCTION OF BUSINESS FROM THE PUBLIC
SIGNUP SHEET
MARCH 24, 1993 REGULAR MEETING
(Use this form ONLY for presentation of matters NOT on the
prepared agenda. Introduction of Business from the Public is the
last item on the agenda)
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 24, 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 invocation.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also
Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Finance Director, Marilyn swichkow
Asst. Finance Director, Larry Napier
City Clerk, Kathryn O'Halloran
Deputy city Clerk, Sally Maio
Regular City Council Meeting
March 24, 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).
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Mayor Powell said the PTA is holding a golf
tournament on Saturday to benefit the Sebastian
Elementary School.
7. PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
93.085
Sebastian Lakes - Terminate Conceptual
Development Plan and Consider Rezoninq (Staff
Recommendation dated 3/18/93, R-92-45)
Mayor Powell opened the public hearing at 7:03 p.m.
The Director of Community Development presented
further information submitted by Sebastian Lakes
Representative, Barbara Hall. (see attached).
The city Attorney swore in Barbara Hall, Attorney-at-
Law, Greenberg - Traurig, 515 East Los Olas
Boulevard, Ft. Lauderdale, Florida, representing St.
Paul Corporation, owner of the subject property, who
reiterated issues addressed in the above referenced
letter dated March 24, 1993, requested that the
matter be held for sixty days to further negotiate a
settlement and stated that $65,000 will be placed in
escrow for Laconia Street at this time.
2
Regular City Council Meeting
March 24, 1993
Page Three
The City Attorney swore in Cheryl Frendlich, St. Paul
Corporation, New York, New York, who addressed City
council.
The Director of Community Development recommended
concurrence with the extension.
MOTION by Oberbeck/Freeland
I would move to continue the public hearing on
Sebastian Lakes and Laconia Street to May 26, 1993.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Mayor Powell closed the public hearing at 7:18 p.m.
93.065
ORDINANCE NO. 0-92-07 - Rhodes (Sebastian Grove
Holdings) Comprehensive Land Use Plan Amendment
(Staff Recommendation dated 3/18/93, 0-92-07, DCA
Letter dated 11/12/92, Findings of Faots)
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 INDIAN RIVER
COUNTY RURAL DISTRICT TO CITY LD (LOW DENSITY)
DISTRICT FOR LAND LOCATED IN THE SOUTHWEST SECTION OF
THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS,
LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET
AND NORTH OF THE SEBASTIAN RIVER FLOODWAY; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (P & Z Public
Hearing 1/16/92, 1st Reading 3/25/92, Letters to
Property Owners 4/10/92, Advertised 1/4 Page 5/4/92,
1st Public Hearing 5/13/92, Transmitted to DCA
7/31/92, Council Review of Comments 2/10/93, Letters
to Property Owners 2/19/93, Advertised 1/4 Page
3/17/93, 2nd and Final Public Hearing 3/24/93)
The City Attorney read Ordinance No. 0-92-07 by
title only and Mayor Powell opened the public hearing
at 7:20 p.m.
3
Regular City Council Meeting
March 24, 1993
Page Four
93.066
Wayne Komara, 1690 Whitmore Avenue, Sebastian,
requested information on procedures for this
amendment.
The Director of Community Development briefly
explained the application and approval process and
recommended adoption.
Mayor Powell closed the public hearing at 7:25 p.m.
and a brief city Council discussion followed.
MOTION by Damp/Oberbeck
I move that we approve Ordinance No. 0-92-07
which is Sebastian Grove Holdings to change from the
County Rural District to City Low Density which would
be city of Sebastian residential.
ROLL CALL:
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-1 (Corum - nay)
ORDINkNCE NO. 0-92-08 - Rhodes (Sebastian Grove
Estates) Rezonlng (Staff Recommendation dated
3/18/93, 0-92-08)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY IN THE SOUTHWEST SECTION OF THE
CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS,
LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET
AND NORTH OF THE SEBASTIAN RIVER FLOODWAY FROM COUNTY
ZONING DISTRICT AG-1 (AGRICULTURAL) TO CITY ZONING
DISTRICT RS-10 (SINGLE-FAMILY RESIDENTIAL); PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE. (P & Z Hearing 1/16/92,
Held for 0-92-07, 1st Reading 3/25/92 and reread
2/10/93, Letters to Property Owners 2/19/93, Public
Hearing 3/24/93)
Mayor Powell opened the public hearing at 7:29 p.m.
and the City Attorney read Ordinance No. 0-92-08 by
title only.
4
Regular City Council Meeting
March 24, 1993
Page Five
The Director of Community Development briefly
explained the rezoning.
Wayne Komaro, 1069 Whitmore Avenue, and Fred
Buechling, 1786 Laconia Street, Sebastian, addressed
City Council.
Mayor Powell closed the public hearing at 7:35 p.m.
MOTION by Oberbeck/Damp
I would move that we adopt ordinance No. 0-92-08.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
MOTION CARRIED 4-1 (Corum - nay)
8. PUBLIC INPUT ON AGENDA ITEMS
Shirley Kilkelly, 950 Franciscan Avenue, Sebastian,
spoke on item 93.111 regarding specimen tree removal
and suggested alternatives to removal.
Keith Miller, 961 Riviera Avenue, spoke on 93.091
Blossom Lake Park.
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 - 3/10/93 Regular Meeting,
3/15/93 Special Meeting
93. 014
Bid Award - Wave Street Construction - Fischer &
Sons, Inc. - $18,456 (Staff Recommendation dated
3/15/93, Bid Tabulation).
93.100
Bid Award ~ Riverview Park Boardwalk - Capp
Custom Builders, Inc. - $21,348.00 (Staff
Recommendation dated 3/17/93, Bid Tabulation)
5
Regular City Council Meeting
March 24, 1993
Page Six
93.101 D.
93.102 E.
93.103 F.
93.104 G.
93.105 H.
93.111
Waiver of Bidding Procedure - Sole Source -
Technical Support Agreement - IBM RISC/6000
Computer System - $7,800.00 (Staff Recommendation
dated 3/17/93, Agreement)
Fraternal Order of Police - Request Rental Fee
Waiver and Alcoholic Beverage Use - community
Center - Dances - 7/31/93 and 12/31/93 - Security
on Hold - Permittee DOB 4/7/48 (City Clerk
Recommendation dated 3/9/93, Hardison Letter
dated 3/2/93, Application)
Ordonez - Request Alcoholic Beverage Use -
Community Center - Birthday Party - 4/24/93 - 4
p.m. to 10 p.m. - Security Paid - Permittee DOB
7/4/51 (City Clerk Recommendation dated 3/15/93,
Application)
Sebastian Panthers Youth Fundraiser Dance -
Request Full Fee Waiver and Security Reduced to
$100 for Community Center - 4/17/93 - 7 p.m. to
10:30 p.m. (City Clerk Recommendation dated
3/18/93, Raborn Letter dated 3/17/93,
Application)
RESOLUTION NO. R-93-10 - Abandonment of Easement
Lots 26 & 27, Block 201, Unit 8 (R-93-10, City
Engineer Memo dated 3/18/93, Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE PUBLIC UTILITY AND DRAINAGE
EASEMENTS ON EAST SIX FEET OF LOT 27, AND THE WEST
SIX FEET OF LOT 26, BLOCK 201, SEBASTIAN HIGHLANDS
UNIT 8, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 6-12, 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.
Sunshine Quality Construction, Inc. - Request
Specimen Tree Removal - Lot 7, Block 52, Unit 2,
Sebastian Highlands (Staff Recommendation dated
3/19/93, Application, Survey)
The City Manager read the consent agenda in its
entirety including title of Resolution No. R-93-10.
Regular City Council Meeting
March 24, 1993
Page Seven
Mr. Oberbeck removed items F and I; Mr. Freeland
removed items D and F; Mrs. Damp removed items F and
I; and Mrs. Corum removed items A, E, F and i.
MOTION by Oberbeck/Freeland
I would move that we approve items B, C, G, and H
of the consent agenda.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
ITEM A
Mrs. Corum questioned whether the election of the
Vice Mayor at the 3/15/93 Special Meeting was valid
because it was not voted on.
The City Attorney advised that since no other
nominations were received, Vice-Mayor was elected.
MOTION by Freeland/Powell
I move that Mr. Oberbeck be our next Vice-Mayor.
ROLL CALL: Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - nay
Mr. Freeland - aye
MOTION CARRIED 3-2 (Damp and Corum nay)
MOTION by Corum/Damp
I move to approve item A with the adjustment.
ROLL CALL: Mr. Oberbeck - aye
TAPE I - SIDE II (7:46 p.m.)
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Regular City Council Meeting
March 24, 1993
Page Eight
Mr. Oberbeck said City Council should adhere to its
procedural rules for items not on the written agenda.
ITEM D
The City Attorney said there was no conflict of
interest in Mr. Freeland's vote on an IBM purchase,
in accordance with 112.312(4) FS.
MOTION by Freeland/Oberbeck
I make a motion we accept item D.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
ITEM E
Mrs. Corum recommended that city Council workshop
discussion of waiving fees for use of City facilities
and suggested deferring item E until such time.
MOTION by Oberbeck/Freeland
I would move that we approve item E of the
consent agenda.
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
City Council members questioned whether an alcoholic
beverage request for a sixteenth birthday party is
appropriate.
8
Regular City Council Meeting
March 24, 1993
Page Nine
MOTION by Freeland/Damp
I make a motion that we allow use of the
Community Center for a birthday party but deny
alcoholic beverages be present.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
ITEM I
Mr. Oberbeck suggested that staff evaluate relocation
of trees scheduled for removal.
Mr. Cormier, Sunshine Builders, said he would save
the oak and work with the city to relocate trees.
MOTION by Oberbeck/Damp
I would move that we approve item I of the
consent agenda to remove only two trees.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Mayor Powell called recess at 8:05 p.m. and
reconvened the meeting at 8:20 p.m. Ail members of
City Council were present.
10. PRESENTATIONS
None.
11. MAYOR AND CITY COUNCIL MATTERS
93.106
Mayor Lonnie R~ Powell
1. Appoint Members t__o Indian River County Boards
(City Clerk Recommendation dated 3/15/93)
Mrs. Damp volunteered for the Economic Development
Council. Mr. Freeland volunteered for the alternate
position on the Transportation Planning Committee.
9
Regular City Council Meeting
March 24, 1993
Page Ten
Mrs. Corum suggested that the Council of 100 be
contacted to see if they want a representative.
93.107
2. Pending City Council Items (Pending List)
Mayor Powell requested that City Council members
review the list for the April 7, 1993 workshop.
The City Manager said he would present comments.
In response to Mayor Powell the Director of Community
Development said there is a special permit that can
be issued to approve construction work beyond normal
business hours under special circumstances.
In response to Mayor Powell, the City Manager said he
had contacted DER and had been informed that the city
could approve an ordinance to adopt stricter water
regulations, however, GDU franchise language states
that DER standards prevails in this case. He said he
would report further under his matters.
B. Vice-Ma~or Frank Oberbeck
Mr. Oberbeck inquired about City Attorney billing for
Skydive Sebastian, drainage work being done by staff
in the drop zone, work being done by staff on sleeves
on U.S. 1; and expressed concerns for loss of golf
course revenues.
C. Mrs. Carolyn Corum
Mrs. Corum inquired about the air quality problem at
the Police facility; and placed an item relative to
ethics rules on the April 7, 1993 workshop agenda.
D. Mrs. Norma Damp
Mrs. Damp reported that there has been a pay phone
installed outside of City Hall; and inquired about
the City Attorney's billing.
TAPE II - SIDE I (8:49 p.m.)
E. Mr. Robert Freeland
Mr. Freeland expressed his gratitude to all those
involved in his election to office.
Mr. Oberbeck inquired whether US Fish and Wildlife
was due reimbursement from the City for Pelican
Island Day funding. The City Manager said they were.
10
Regular City Council Meeting
March 24, 1993
Page Eleven
12.
93.108
CITY ATTORNEY MATTERS
The city Attorney said a lengthy billing explanation
is on file in the Finance Department for City Council
review, and said he had provided a contract amendment
to staff for placement on a future agenda.
13. CITY MANAGER MATTERS
The City Manager reported on the Elkcam Seawall
agreement, stating that all claimants had signed but
one. The City Attorney said that the estate can be
reopened, all signatures can be obtained in one week
and advised that, if not done, a claim could be filed
against the city at a later date.
The City Manager said staff will make every effort
to finalize the settlement.
The City Manager said GDU has contacted Hartman and
Associates stating that they wish to continue
negotiations on April 8, 1993.
Finance Department Operation (Finance Director
Recommendation date~ 3/18J93 w! Attached Report)
The Finance Director justified her request for a full
time computer operator, and at the request of city
Council, read her memo to the City Manager dated
March 15, 1993 (see attached), city Council
commended the Finance Director for her report.
Mr. Oberbeck excused from 9:26 p.m. to 9:28 p.m.
MOTION by Corum/Damp
I make a motion for Council to approve a full-
time computer operator position in place of the part-
time clerical worker paid by the Utilities Department
- working and reporting under Finance.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
11
Regular city Council Meeting
March 24, 1993
Page Twelve
14. COMMITTEE REPORTS/RECOMMENDATIONS
Mrs. Corum said the Land Acquisition Committee has
scheduled a field trip to see the Wabasso Scrub.
15. OL__D BUSINESS
93.091 A.
Blossom Lake Improvements (Staff Recommendation
dated 3/15/93, Casagrande Letter dated 3/5/93,
Drawing and Petition)
The City Engineer reiterated his recommendation for
minor improvements to remove understory vegetation
and seed and mulch the area. Mr. Oberbeck brought up
the requests that were made by children in the area
for a dock and boat launch and the City Manager
concurred that he would like to see some benches
placed in the area.
TAPE II - SIDE I (9:35 p.m.)
Mrs. Corum stated that there is concrete under the
soil in the southwest area of the park and the City
Engineer said he would look at it.
It was the consensus of city Council to direct staff
to proceed as recommended if able to do for
approximately $500.
16. NEW BUSINESS
93.001
Airport Manager - Direct City Attorney to Prepare
Ordinance to FurTher Extend Effective Date of
Ordinance No. O-92-14 for Ninety Day~ (cit~
Manager Recommendation dated 3/17/93, Van Antwerp
Letter dated 3~16193)
The City Manager explained that the Airport Manager
is actively attempting to sell his business and
recommended that the ordinance be further extended.
Following some discussion and a suggestion by Mrs.
Damp, the City Attorney said an ordinance could be
drafted to include language that any future managers
not be required to be FBOs. The City Manager stated
that there exists no conflict of interest with Mr.
Van Antwerp acting as Airport Manager.
12
Regular City Council Meeting
March 24, 1993
Page Thirteen
93.109
MOTION by Oberbeck/Freeland
I would make a motion to direct the city Attorney
to draft an ordinance to amend O-92-14 to make it
inapplicable to present personnel, Airport Manager,
Mr. Van Antwerp.
ROLL CALL:
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-1 (Corum - nay)
ORDINANCE NO. 0-93-07 - Reimbursement of City
Council Expenses (city Manager Recommendation
dated 3/18/93)
First Reading, Set Public Hearing for 4/14/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ADMINISTRATION;
AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN BY ADDING NEW SECTION 2-34 TO
PROVIDE FOR REIMBURSEMENT OF EXPENSES OF COUNCIL
MEMBERS; 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.
The City Attorney read Ordinance No. 0-93-07 by title
only.
MOTION by Corum/Damp
I make a motion Council approves Ordinance No.
0-93-07 and set public hearing for April 14, 1993.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
13
Regular City Council Meeting
March 24, 1993
Page Fourteen
93.110 C.
17.
93.013
92.189
Bid Award - Golf Course Irrigation Pump System
- French Enterprises, Inc. - $58,963 (Staff
Recommendation dated 3/18/93, Bid Tabulation, KCS
Memo dated 3/17/93, Alternate Proposal)
Following a brief discussion, motion was made.
MOTION by Oberbeck/Freeland
I would move to award the bid for the golf course
pump station renovations to the lowest and best
bidder, French Enterprises, Inc., in the amount of
$58,963.00.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. oberbeck - aye
Mrs. Corum - nay (changed to aye
following roll call)
Mrs. Damp - aye
MOTION CARRIED 5-0.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
A. John Kanfoush ~ Basketball Courts (No Backup)
Mr. Kanfoush, 1437 Seahouse Street, Sebastian,
inquired about progress on basketball courts; and
expressed concern about damage to private properties
by large trucks during construction.
The City Manager said basketball courts are on the
City Engineer's project list.
Mr. Oberbeck was excused from 10:10 p.m. to 10:12
p.m.
Herbert Sturm - Code Enforcement Board {No
Backup}
Mr. Sturm, 549 Saunders Street, Sebastian, presented
objections to Code Enforcement Board procedural
matters.
14
Regular City Council Meeting
March 24, 1993
Page Fifteen
TAPE III - SIDE I (10:21 p.m.)
City Council discussion followed.
18. Being no further business, Mayor Powell adjourned the
meeting at 10:25 p.m.
Approved at the
Meeting/
K~athry~_ M. O'
City Clerk
, 1993, City Council
15
6RI[NB[R6
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Transmittal Cover Sheet
TO
Company
Fax Number
Phone Nnmber
FROM
File Number
Mr. Brace Cooper
City of Sebastian
407.589-5570
407-589-5330
Barbara A. HaIL Esq.
99999.364768
Comments
Date
No. Pages
Ma~ch 24, 1993
Including this cover sheet
Please no6fy us immediately ff not received properly at 305-765-0500
or 305-768-8236.
The tnformmMn b0nlilflod In 1bM b'anomlldMI It Illomey prMleged 4md mnMenlid, it Ii Intofldod only for mO UN
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March24, 1993
V~A T~U~¢OPY
Mr. Bruce Cooper
Director of Comlnpnity Development
City of Sebastian
Sebastian, Florida 32978
Re: Sebastian Lakes
Dear Mr. Cooper:
in respome to your request I am providing you with a written outline of my client,
St Paul Corporation's proposal to achieve a cornprehemive solution to all of our issues with
the C~ty and to provide the property with ce~nin development rights that will a~low the
client to effectively market the property,
1. St. Paul Corporation will givc the City $65,000,00 to construct Laconia Road
from C, randuer Avenue to Fellsmere Road and will provide the City with copies of its
completed plans for the construction of Laconia Road, if water management permits have
not been obtained from the St. John's Water Management District, the City shall be
responsible for obtaining those permits and St. Paul will reimburse the City for its costs in
permitting up to $3000.00
GREgNIIERC-, THAIIRIG, HOI~'teMAS. Lx~oFr, RosEs dr QOm(TEL, P.A.
EAST LA50LAS ~OUL~VARD FoRT LAUDERDA~, FLOmDA 3S~01 305,765-0500 FAX 305-765-1477
MIAMI FoRT LAUDgRbALE WKgTPALMDKACH JACISONVIL~ TAL~N&~S~E
Mr. Bruce Cooper
March 24, 1993
Page 2
for an ~80 St. Paul Corporation will dedicate to the Ci~ the additional 20 feet required
foot corridor on Roseland Road. The construction of Roseland Road shall not
be required until the development of commercial uses within the property. The City will
cooperate with St. Paul Corporation in its efforts to obtain County road impact fee credit
for the dedication of right of way for Roseland Road and for its consmiction.
3. St. Paul Corporation will convey to the Sebastian Lakes sewer ul~Lity and will
convey to the Ctty the lands on which the utility is located. In payment for that utility and
for the land the City will grant to the property a c~edit which will entitle the owner of the
property to 200 sewer connections to the City-operated utility without charge, in the event
that the City ceases to serve the property prior to thc time that 200 connections are
obtained, the City shall ensure the property will continue to maintain such rights with any
subsequent sewer service provider.
4. St. Paul Corporation will provide the City with a check for S3000.00 within 10
days. The City shall use those funds to hire a consultant to prepare a feasibility study for
the City with respect to thc City's acquisition of the utility.
5. The City will enter a developer's agreement with St. Paul that would agree to
allow thc property to remain within thc current comprehensive plan land use designations
and remain within zoning designations that would allow thc development of the remaining
undeveloped property with general commercial uses in areas where that use is now
permitted and allow the development of residential uses up to a density of 8 units to the
acre on the remaining undeveloped property that is now designated as Medium Residential
use under the City's Comprehensive Plan. This provision would not prevent a subsequent
property owner from seeking a change in the land use and zoning to change some of the
commercial areas to residential and/or to alter the density permitted. Any such request
would be evaluated by the City based on it merits. The agreement would not oblige the City
to approve any such change.
, 6. Thc developer's agreement would also reco~iTe that the inf~.astmcture
unprovernents required for the development of the property have been detcrlmned in thc
agreement and that such improvements will provide adequate capacity on all affected
roadways for the development of the remaining undeveloped property with uses that do not
exceed the impacts of 14.5 acres of commercial uses and 240 residential units. This provision
would not prevent the City from requiring minor improvements such as turn lanes to serve
thc site at the dine that the uses are developed. The agreement would also exempt the
property from any future roadway impact fees assessed to thc property by thc ~
Mr. Bruc~ Cooper
March 24, 1993
Page 3
In the interest of providing you with an outlin~ in writing for tonight's meeting I have
sketched the details o~ a comprehensive strategy to resolve the concerns of the City and
protect the development potential of the property. Complete details will be worked out
ovcr thc next two months, We are requesting that thc City continue its public hearing for
at least 60 days ~o allow the city's consulumt to provide the City with a report on the utility
issue and allow us to jointly reach written agreements on all issues,
BaH/amc
Yours truly,