HomeMy WebLinkAbout03251992 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 25, 1992 - 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 - Ron Barber - Community Baptist Church
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
?. 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.
92.009
92.087
92.088
92.089
92.090
92.091
ORDINANCE NO. 0-92-09 - Refuse Franchise - St.
Lucie Waste Services
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL
SOLID WASTE COLLECTION FRANCHISE TO ST. LUCIE WASTE
SERVICES, INC.; PROVIDING FOR DEFINITIONS; PROVIDING
FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY
CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES
TO BE PERFORMED; PROVIDING FOR RESIDENTIAL
COLLECTION; PROVIDING SCHEDULES AND ROUTE
REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING
FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES;
PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ATTORNEYS' FEES AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
3/11/92, Advertised Legal Notices 3/14/92, Public
Hearing and Adoption 3/25/92)
8. PUBLIC INPUT ON AGENDA ITEMS
m
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 - 3/11/92 Regular Meeting,
3/16/92 Special Meeting
Request for Community Center - Witt - Wedding
Reception - 5/23/92 - 5 p.m. to 11 p.m. - A/B -
Permittee G. Witt DOB 7/28/64 - Security Paid
(Application)
Receive Code Enforcement Orders - Case No. 92-
6198 Rich - Case No. 92-6132 Benham (Orders)
Approve Addition of One Vehicle to Police
Department Inventory for Community Service
Volunteer Program (Staff Recommendation dated
3/16/92, Petty Memo dated 3/4/92)
Hourly Increase to Effect Insurance Buyout for
Department Heads and Unlimited Time Status
Employees - $ .69 Per Hour (Staff Recommendation
dated 3/13/92)
Award Bid for Installation of Lift Station -
A & R Utilities - $19,750 (Staff Recommendation
dated 3/16/92, Bid Tabulation, Budget Analysis
dated 3/17/92)
2
92.092
92.093
92.094
92.095
92.096
92.097
92.098
92.099
10.
11.
National Pollutant Discharge Elimination Systems
Permit - Approve Invoice for Municipal Airport -
85,585 - DO Not Participate in Part Two for City
Garage and Vehicle Maintenance Facility (Staff
Recommendation dated 3/16/92, City Engineer Memo
dated 3/16/92, Florida Association of Counties
Memos dated 2/11/92 and 2/26/92)
Ha
RESOLUTION NO. R-92-21 - Pelican Island National
Wildlife Regular Buffer Lands Purchase -
Requested by Council Member Corum (Staff
Recommendation dated 3/19/92)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, SUPPORTING THE APPLICATION
PRESENTED BY THE INDIAN RIVER LAND TRUST TO THE
STATE OF FLORIDA CONSERVATION AND RECREATION
LANDS (CARL) COMMITTEE REQUESTING PURCHASE OF
PROPERTIES BORDERING THE PELICAN ISLAND NATIONAL
WILDLIFE REFUGE; AND PROVIDING FOR AN EFFECTIVE
DATE.
PRESENTATIONS - None
MAYOR AND CITY COUNCIL MATTERS
A. Mayor Powell
Appointments to Indian River County Committees
(City Clerk Recommendation dated 3/17/92)
Transportation Planning Committee -
Regular (Open) and Alternate (Currently
Holyk) (White Letter dated 3/11/92)
b. Land Acquisition (Currently Powell)
Economic Development Council (Currently
Reid)
da
Emergency Services District Advisory
(Currently Powell)
Association for Retarded Citizens of
Indian River County - Advisory Board to
the Supported Employment Program - New
Board (ARC Letter dated 2/19/92)
Appoint Member to Attend U.S. Fish and
Wildlife Service Workshop - Development
of Management Plan - Pelican Island
National Wildlife Refuge - 4/11/92 (Hight
Letter dated 3/16/92)
3
92.100
92.059
92.044
91.016/
92.101
B. Vice Mayor Oberbeck
C. Council Member Cortuu
D. Council Member Holyk
E. Council Member Reid
12. CITY ATTORNEY MATTERS
13.
14.
15.
RESOLUTION NO. R-92-20 - City Attorney Contract -
Second Amendment (City Attorney Letter dated
3/16/92, R-92-20, Second Amendment to Agreement)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A
CITY ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO AN
AMENDMENT TO THE EXISTING CONTRACTUAL SERVICE
AGREEMENT WITH CHARLES IAN NASH FOR THE PURPOSES OF
PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING
FOR THE EXTENSION OF THE EXISTING CONTRACTUAL SERVICE
AGREEMENT BETWEEN THE CITY AND CHARLES IAN NASH;
PROVIDING FOR AN INCREASE IN THE HOURLY RATES
CHARGED; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROViDiNG FOR AN EFFECTIVE DATE.
CITY MANAGER MATTERS
Golf Course Pro Shop Renovation Project (City
Manager Recommendation dated 3/19/92, City
Manager Letter dated 3/19/92, Hudkins Memo dated
3/16/92, DeLarme Memo dated 3/17/92, PGA Report
[pg. 16] dated 10/13/91, Brodie Letters dated
3/13/92, Jones Letter dated 1/22/92)
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
Golf Course Club House Expansion Project (Staff
Recommendation dated 3/18/92, Construction Costs
and Available Funds)
Contaminated Soil - Central Garage Location -
Direct Staff to Solicit Bids for Removal (City
Engineer Recommendation dated 3/17/92, City
Engineer Memo dated 3/17/92, Envirx Report dated
3/16/92, Hudkins Memo dated 3/17/92)
4
16.
91.012/
92.102
92.103
91.123/
92.104
91.189/
92.105
NEW BUSINESS
Approve Time Extension for Sebastian Development
Project - Phase I to March 21, 1993 (Staff
Recommendation dated 3/12/92, Fisher Letter dated
2/27/92)
Salary Adjustment - Community Development
Director (City Manager Recommendation dated
3/18/92, City Manager Memo dated 3/25/92)
C. ORDINANCE NO. 0-91-20 - Security Alarm
1st Reading, Set Public Hearing 4/22/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 31 OF THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
PERTAINING TO THE REGULATION OF ALARMS AND ALARM
SYSTEMS WITHIN THE CITY OF SEBASTIAN, FLORIDA;
PROVIDING PURPOSE AND SCOPE; PROVIDING DEFINITIONS;
REGULATING AUTHORITY TO INSTALL AND MAINTAIN ALARM
SYSTEMS; PROVIDING REGULATIONS GOVERNING ALARM
BUSINESSES AND ALARM USERS; PROHIBITING AUTOMATIC
DIALING DEVICES; REQUIRING AUTOMATIC DEACTIVATION OF
ALARMS; PROVIDING REGULATIONS GOVERNING FALSE ALARMS;
AUTHORIZING ALARM MONITORING BY THE CITY; PROVIDING
FOR ALARM USER PERMITS; PROVIDING FOR REMEDIES AND
PENALTIES; PROVIDING FOR APPEAL OF PENALTIES;
PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
ORDINANCE NO. 0-92-05 - Sites and Structures
(Staff Recommendation dated 3/17/92, 0-92-05)
1st Reading, Set Public Hearing 4/22/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE APPEARANCE OF
SITES AND STRUCTURES; AMENDING SECTION 20A-10.2B OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
PROVIDING CRITERIA FOR EVALUATING THE APPEARANCE OF
SITES AND STRUCTURES; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
5
92.043
92.043
92.043
ORDINANCE NO. 0-92-06 - Rhodes Annexation (Staff
Recommendation dated 3/17/92, 0-92-06)
1st Reading, Set Public Hearing 5/13/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION;
ANNEXING A PARCEL OF LAND GENERALLY BORDERING THE
SOUTHWEST SECTION OF THE CITY, APPROXIMATELY 18.4
ACRES, MORE OR LESS, LOCATED DIRECTLY SOUTH OF BLOCK
339, TO THE 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.
ORDINANCE NO. 0-92-07 - Rhodes Comprehensive Land
Use Plan Amendment (Staff Recommendation dated
3/17/92, 0-92-07)
1st Reading, Set 1st Public Hearing 5/13/92 for
Transmittal to DCA
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.
ORDINANCE NO. 0-92-08 - Rhodes Rezoning (Staff
Recommendation dated 3/17/92, 0-92-08)
1st Reading - Public Hearing will be scheduled upon
return of 0-92-07 - CLUP
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.
17.
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)
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.)
7
3/25/92 PUBLIC HEARING SIGNUP SHEET
ORDINANCE NO.: 0-92-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION
FRANCHISE TO ST. LUCIE WASTE SERVICES, INC.; PROVIDING FOR
DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY
SERVICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO
BE PERFORMED; PROVIDING FOR RESIDENTIAL COLLECTION; PROVIDING
SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS;
PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES;
PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ATTORNEYS' FEES AND PROVIDING FOR AN EFFECTIVE DATE.
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MARCH 25, 1992 REGULAR COUNCIL MEETING
PUBLIC INPUT ON AGENDA ITEMS
SIGNUP SHEET
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 25, 1992 - 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.
Invocation was given by Jim Brown, Community Baptist
Church.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Mr. 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
Finance Director, Mike Hudkins
Assistant Finance Director, Larry Napier
Chief of Police, Earle Petty (9:30 p.m.)
Golf Course Manager, Jim DeLarme
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
March 25, 1992
Page Two
92.009
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
None.
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.
ORDINANCE NO. 0-92-09 - Refuse Franchise - St.
Lucie Waste Services
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL
SOLID WASTE COLLECTION FRANCHISE TO ST. LUCIE WASTE
SERVICES, INC.; PROVIDING FOR DEFINITIONS; PROVIDING
FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY
CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES
TO BE PERFORMED; PROVIDING FOR RESIDENTIAL
COLLECTION; PROVIDING SCHEDULES AND ROUTE
REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING
FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES;
PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILiTY; PROVIDING FOR ATTORNEYS' FEES AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
3/11/92, Advertised Legal Notices 3/14/92, Public
Hearing and Adoption 3/25/92)
2
Regular City Council Meeting
March 25, 1992
Page Three
Mayor Powell opened the public hearing at 7:02 p.m.
and the City Attorney read Ordinance No. 0-91-09 by
title only.
Norma Damp, requested staff response relative to
public confusion on the refuse collection franchise.
Mayor Powell closed the public hearing at 7:07 p.m.
The Finance Director and City Manager responded to
Mrs. Damp's concerns.
Following a brief discussion relative to approval of
rates by staff rather than City Council, as
established An section 8.4, motion was made.
MOTION by Reid/Holyk
I move to accept Ordinance No. 0-92-09 as
amended.
The City Manager restated that the amendment would
strike the last sentence An section 8.4 and
substitute it with the following, "Ail petitions for
rate changes must be approved in advance by the City
Council and evidenced by corroborative evidence
reviewed and approved by the City Manager.".
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
t
Dorothy Eger, 483 Floraland Avenue, Sebastian,
requested that the Community Center PA system be
repaired or replaced. The City Manager said that was
being done.
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.
3
Regular City Council Meeting
March 25, 1992
Page Four
92.087 B.
92.088 C.
92.089 D.
92.090 E.
92.091 F.
92.092 G.
92.093 H.
Approval of Minutes - 3/11/92 Regular Meeting,
3/16/92 Special Meeting
Request for Community Center - Witt - Wedding
Reception - 5/23/92 - 5 p.m. to 11 p.m. - A/B -
Permittee G. Witt DOB 7/28/64 - Security Paid
(Application)
Receive Code Enforcement Orders - Case No. 92-
6198 Rich - Case No. 92-6132 Benham (Orders)
Approve Addition of One Vehicle to Police
Department Inventory for Community Service
Volunteer Program (Staff Recommendation dated
3/16/92, Petty Memo dated 3/4/92)
Hourly Increase to Effect Insurance Buyout for
Department Heads and Unlimited Time Status
Employees - $ .69 Per Hour (Staff Recommendation
dated 3/13/92)
Award Bid for Installation of Lift Station -
A & R Utilities - $19,750 (Staff Recommendation
dated 3/16/92, Bid Tabulation, Budget Analysis
dated 3/17/92)
National Pollutant Discharge Elimination Systems
Permit - Approve Invoice for Municipal Airport -
85,585 - Do Not Participate in Part Two for City
Garage and Vehicle Maintenance Facility (Staff
Recommendation dated 3/16/92, City Engineer Memo
dated 3/16/92, Florida Association of Counties
Memos dated 2/11/92 and 2/26/92)
RESOLUTION NO. R-92-21 - Pelican Island National
Wildlife Refuge Buffer Lands Purchase -
Requested by Council Member Corum (Staff
Recommendation dated 3/19/92)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, SUPPORTING THE APPLICATION
PRESENTED BY THE INDIAN RIVER LAND TRUST TO THE
STATE OF FLORIDA CONSERVATION AND RECREATION
LANDS (CARL) COMMITTEE REQUESTING PURCHASE OF
PROPERTIES BORDERING THE PELICAN ISLAND NATIONAL
WILDLIFE REFUGE; AND PROVIDING FOR AN EFFECTIVE
DATE.
4
Regular City Council Meeting
March 25, 1992
Page Five
The City Manager read the consent agenda in its
entirety, including the title of R-92-21.
Mayor Powell removed item H and Mr. Reid removed item
G.
Dr. Holyk commented on items D and E.
MOTION by Holyk/Oberbeck
I move to approve consent agenda items A, B, C,
D, E and F.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 5-0.
Item G
In response to Mr. Reid, the City Manager said
NPDES permit funds will come from the airport
enterprise fund.
MOTION by Reid/Holyk
I move to approve item G.
ROLL CALL:
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 5-0.
Item H
Mayor Powell and Mr. Oberbeck requested that
resolutions be workshopped or directed to be prepared
by Council prior to adoption. The City Manager said
although no rule had been established, he would be
more careful in exercising his discretion in
placement of resolutions on future agendas.
Regular City Council Meeting
March 25, 1992
Page Six
92.094
92.095
92.096
92.097
MOTION by Holyk/Oberbeck
I move that we approve item H Resolution No.
R-92-21.
Mr. Reid aye
Mayor Powell nay
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
ROLL CALL:
MOTION CARRIED 4-1 (Powell - nay).
10. PRESENTATIONS
None.
MAYOR AND CITY COUNCIL MATTERS
A. Mayor Powell
11.
Appointments to Indian River County Committees
(City Clerk Recommendation dated 3/17/92)
Transportation Planning Committee -
Regular (Open) and Alternate (Currently
Holyk) (White Letter dated 3/11/92)
Mayor Powell appointed Mr. Oberbeck
as regular member and Councilman Holyk
retained the alternate position.
b. Land Acquisition (Currently Powell)
Mayor Powell appointed Mrs. Corum to the
position.
Economic Development Council (Currently
Reid)
Mr. Reid retained the position.
Emergency Services District Advisory
(Currently Powell)
Mayor Powell retained the position.
6
Regular City Council Meeting
March 25, 1992
Page Seven
92.098 e.
92.099
Association for Retarded Citizens of
Indian River County - Advisory Board to
the Supported Employment Program - New
Board (ARC Letter dated 2/19/92)
The City Manager volunteered for the position
and was appointed.
Appoint Member to Attend U.S. Fish and
Wildlife Service Workshop - Development
of Management Plan - Pelican Island
National Wildlife Refuge ~ 4/11/92 (Hight
Letter dated 3/16/92)
Mrs. Corum volunteered to attend the
workshop.
Other Matters
Mayor Powell requested that a student be given space
at Council meetings to take notes for extra school
credits. Council concurred.
The Finance Director corrected an error in the
year to date capital projects expenditures section of
the operating statement to $1,025,426.
B. Mr. Oberbeck
Mr. Oberbeck inquired as to status of the special
legislation relative to alcoholic beverage sales at
the Golf Course restaurant; requested an explanation
of the Golf Course bond refunding "windfall". The
City Manager said he had heard the legislation had
not gone through although no official notice has been
given and the Finance Director distributed handouts
and clarified the gain derived from the Golf Course
bond refunding.
TAPE I - SIDE II
C. Mrs. Corum
Mrs. Corum said she would support local businesses
and requested that the public be made aware of
the recycling program.
7
Regular City Council Meeting
March 25, 1992
Page Eight
92.100
D. Dr. Holyk
Dr. Holyk commended work done on Main Street/U.S. 1
handicap ramps and City Manager input on obtaining a
traffic light at Barber and CR 512; inquired as to
union grievance procedures; and requested comments
relative to Bromwell-Carrier negotiations. The City
Manager Justified staff's recommendation to cease
negotiations with BCI.
E. Mr. Reid
Mr. Oberbeck requested that the city further assist
Mrs. Young in her quest to locate a Federal Records
Depository in Sebastian.
Mr. Reid, following a brief presentation relative to
inherent difficulties due to the Sunshine Law and
lack of procedures to evaluate certain employees,
made a motion to authorize the increase for the
Director of Community Development in the amount of
$2370 and an increase for the City Manager in the
amount of $5000, however, the motion died for lack of
a second.
Mayor Powell gave the City Clerk a letter from
Talmage Rogers for distribution to City Council.
Mayor Powell called recess at 8:19 and reconvened the
meeting at 8:33 p.m. Ail members were present.
12. CITY ATTORNEY MATTERS
RESOLUTION NO. R-92-20 - City Attorney Contract -
Second Amendment (City Attorney Letter dated
3/16/92, R-92-20, Second Amendment to Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A
CITY ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO AN
AMENDMENT TO THE EXISTING CONTRACTUAL SERVICE
AGREEMENT WITH CHARLES IAN NASH FOR THE PURPOSES OF
PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING
FOR THE EXTENSION OF THE EXISTING CONTRACTUAL SERVICE
AGREEMENT BETWEEN THE CITY AND CHARLES IAN NASH;
PROVIDING FOR AN INCREASE IN THE HOURLY RATES
CHARGED; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
8
Regular City Council Meeting
March 25, 1992
Page Nine
92.059
13.
The City Attorney read Resolution No. R-92-20 by
title only.
MOTION by Oberbeck/Holyk
I move that we approve Resolution No. R-92-20 and
authorize the increase in hourly rate to Mr. Nash and
his firm for eighty dollars per hour for non-
litigation matters and one hundred dollars per hour
for litigation matters.
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
MOTION CARRIED 5-0.
CITY MANAGER MATTERS
The City Manager commended all those involved in the
installation of the handicap grades at the Main
Street/U.S. 1 intersection; thanked Mr. Reid for his
support and explained his application for the Jupiter
position.
Golf Course Pro Shop Renovation Project (City
Manager Recommendation dated 3/19/92, City
Manager Letter dated 3/19/92, Hudkins Memo dated
3/16/92, DeLarme Memo dated 3/17/92, PGA Report
[pg. 16] dated 10/13/91, Brodie Letters dated
3/13/92, Jones Letter dated 1/22/92)
Robert Brodie, Village Architects, distributed a
handout to Council expressing his concerns relative
to termination of his contract.
TAPE II - SIDE I
The City Manager presented staff's position to
terminate the contract due to the high estimates
being projected for the renovation and to engage
Peter Jones. A lengthy discussion ensued.
Regular City Council Meeting
March 25, 1992
Page Ten
MOTION by Holyk/Corum
I would move that the city put the contract with
Mr. Brodie and Village Architects on hold and send
this matter back to staff to further elaborate on
design and then sit down and renegotiate with Mr.
Brodie at that point that is dependent on Mr.
Brodie's agreement to that.
Discussion ensued relative to possible costs involved
should the contract be put on hold and the form of
the contract.
ROLL CALL:
Mr. Oberbeck nay
Mrs. Corum nay
Dr. Holyk aye
Mr. Reid nay
Mayor Powell nay
MOTION FAILED 1-4 (Oberbeck, Corum, Reid, Powell -
nay )
Discussion followed on staff reviewing the renovation
and determining what it wants.
MOTION by Oberbeck/Reid
I would move to exercise the city's option to
terminate the contract with Village Architects
without prejudice to Mr. Brodie and not to engage an
architect per the reoommendation at this time.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 5-0.
Vice Mayor Oberbeck excused from 9:30 to 9:32 p.m.
The City Manager was advised to get with staff,
re-evaluate and simplify the renovation, come back
to Council and then approach the architects.
10
Regular City Council Meeting
March 25, 1992
Page Eleven
92.044
91.016/
92.101
14.
15.
COMMITTEE REPORTS/RECOMMENDATIONS
Mayor Powell recommended that the city place a
banner on the Dole Citrus bike race route. The City
Manager said he'd handle it.
TAPE II - SIDE II
OLD BUSINESS
Golf Course Club House Expansion Project (Staff
Recommendation dated 3/18/92, Construction Costs
and Available Funds)
A lengthy discussion took place regarding the pros
and cons of expanding the restaurant and use of funds.
MOTION by Reid/Corum
I move to approve the Golf Course renovation
project and direct staff to proceed with required
administrative activity to effect bidding and
procurement of required services.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell nay
Mr. Oberbeck nay
MOTION CARRIED 3-2 (Powell, Oberbeck - nay).
Contaminated Soil - Central Garage Location -
Direct Staff to Solicit Bids for Removal (Ci~
Engineer Recommendation dated 3/17/92, Cit~
Engineer Memo dated 3/17/92, Envirx Report dated
3/16/92, Hudkins Memo dated 3/17/92)
Mayor Powell received Council concurrence to allow
two people to speak on this matter.
Jerry Young, Atlantis Environmental, addressed
Council relative to alternative methods of disposal
and introduced Dr. Drew Bentley.
Mr. Young and Dr. Bentley were advised that since the
recommendation was to go out to bid on removal, they
should not address Council at this time.
11
Regular City Council Meeting
March 25, 1992
Page Twelve
16.
91.012/
92.102
MOTION by Reid/Holyk
I move to direct staff to solicit bids from
qualified contaminated soil disposal companies to
remove the contaminated soll from the City Garage
site and have it disposed in a legal manner.
Mrs. Corum said public funds may be available,
however, the Finance Director said his office had
contacted Department of Revenue and that the city
would not be eligible.
The City Manager said funds would come from general
reserves.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
TAPE III - SIDE I
NEW BUSINESS
Approve Time Extension for Sebastian Development
Pro3ect - Phase I to March 21, 1993 (Staff
Recommendation dated 3/12/92, Fisher Letter dated
2/27/92)
MOTION by Holyk/Oberbeck
I move to approve the time extension for
Sebastian Development - Phase I to March 21, 1993.
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
MOTION CARRIED 5-0.
12
Regular City Council Meeting
March 25, 1992
Page Thirteen
92.103 B.
91.123/
92.104
Salary Adjustment_- Community Development
Director (City Manager Recommendation dated
3/18/92, Cit~ Manager Memo dated 3/25/92)
MOTION by Oberbeck/Holyk
I move to accept the recommended action and
increase Mr. Cooper's salary in the amount of $2370.
A brief discussion ensued.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum nay
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 4-1 (Corum - nay).
C. ORDINANCE NO. 0-91-20 - Security Alarm
1st Reading, Set Public Hearing 4/22/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 31 OF THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
PERTAINING TO THE REGULATION OF ALARMS AND ALARM
SYSTEMS WITHIN THE CITY OF SEBASTIAN, FLORIDA;
PROVIDING PURPOSE AND SCOPE; PROVIDING DEFINITIONS;
REGULATING AUTHORITY TO INSTALL AND MAINTAIN ALARM
SYSTEMS; PROViDiNG REGULATIONS GOVERNING ALARM
BUSINESSES AND ALARM USERS; PROHIBITING AUTOMATIC
DIALING DEVICES; REQUIRING AUTOMATIC DEACTIVATION OF
ALARMS; PROVIDING REGULATIONS GOVERNING FALSE ALARMS;
AUTHORIZING ALARM MONITORING BY THE CITY; PROVIDING
FOR ALARM USER PERMITS; PROVIDING FOR REMEDIES AND
PENALTIES; PROVIDING FOR APPEAL OF PENALTIES;
PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-91-20 by title
only.
13
Regular City Council Meeting
March 25, 1992
Page Fourteen
91.189/
92.105
Ron Harsh, Sebastian Alarm, addressed Council.
Mr. Harsh was advised to provide his comments at the
public hearing since time was running out.
At 10:30 p.m., motion was made as follows.
Mr. Harsh was advised to provide his comments at the
public hearing.
MOTION by Reid/Holyk
I move that we extend the meeting for fifteen
minutes.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 5-0.
MOTION by Holyk/Oberbeck
I move to accept the first reading of Ordinance
No. O-91-20 and set the public hearing for 4/22/92.
ROLL CALL:
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 5-0.
ORDINANCE NO. 0-92-05 - Sites and Structures
(Staff Recommendation dated 3/17/92, 0-92-05)
1st Reading, Set Public Hearing 4/22/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE APPEARANCE OF
SITES AND STRUCTURES; AMENDING SECTION 20A-10.2B OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
PROVIDING CRITERIA FOR EVALUATING THE APPEARANCE OF
SITES AND STRUCTURES; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
14
Regular City Council Meeting
March 25, 1992
Page Fifteen
The City Attorney read Ordinance No. 0-92-05 by title
only.
MOTION by Holyk/Oberbeck
I move to accept the first reading of Ordinance
No. 0-92-05 and set the public hearing for 4/22/92.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
92.043
ORDINANCE NO. 0-92-06 - Rhodes Annexation (Staff
Recommendation dated 3/17/92, 0-92-06)
Reading, Set Public Hearing 5/13/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION;
ANNEXING A PARCEL OF LAND GENERALLY BORDERING THE
SOUTHWEST SECTION OF THE CITY, APPROXIMATELY 18.4
ACRES, MORE OR LESS, LOCATED DIRECTLY SOUTH OF BLOCK
339, TO THE 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.
The City Attorney read Ordinance No. 0-92-06 by title
only.
MOTION by Holyk/Reid
I move to accept the first reading of Ordinance
No. 0-92-05 and set the public hearing for 5/13/92.
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
MOTION CARRIED 5-0.
15
Regular City Council Meeting
March 25, 1992
Page Sixteen
92.043 F.
ORDINANCE NO. 0-92-07 - Rhodes Comprehensive Land
Use Plan Amendment (Staff Recommendation dated
3/17/92, 0-92-07)
1st Reading, Set 1st Public Hearing 5/13/92 for
Transmittal to DCA
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.
The City Attorney read Ordinance No. 0-92-07 by title
only.
MOTION by Oberbeck/Reid
I would move to accept the first reading of
Ordinance No. 0-92-07 and set the public hearing for
5/13/92.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 5-0.
16
Regular City Council Meeting
March 25, 1992
Page Seventeen
92.043 G.
17.
18.
ORDINANCE NO. 0-92-08 - Rhodes Rezoning (Staff
Recommendation dated 3/17/92, 0-92-08)
1st Reading - Public Hearing will be scheduled upon
return of 0-92-07 - CLUP
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.
The City Attorney read Ordinance NO. 0-92-08 by title
only.
MOTION by Oberbeck/Holyk
I would move to approve the first reading of
Ordinance No. 0-92-08.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck 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)
None.
Being no further business, Mayor Powell ad3ourned the
meeting at 10:40 p.m.
17
Re§ular City Council Meeting
March 25, 1992
Page Eighteen
Kathr~n M. O'Halloran, City Clerk
18