HomeMy WebLinkAbout04101996 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, APRIL 10, 1996
7:00 P.M. OR SOON THEREAFTER
(FOLLOWING 6:30 P.M. BOARD OF ADJUSTMENT)
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL ,4 GENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK. 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-95-33)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - No One Available
4. ROLL CALL
AGENDA MODIFICATIONS (~DDITiONS AND]OR DELETIONS}
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
6. PROCLAMATIONS AND/OR ANNOUNCEMENT~
96.063
Proclamation - Confederate History Month - April - Sons of
Confederate Veterans & United Daughters of Confederacy -
Commander Fred Mensing Accepting
96.064
Proclamation - March for Parks Weekend - Friends of St. Sebastian
River - April 20, 1996 - Tim Glover, President Accepting
96.065
Fair Housing Month and American Home Week - Realtors
Association of Indian River County - April and April 21-27, 1996 -
Chuck Emory Accepting
7. QUASI-JUDICIAL PUBLIC HEARING, FINAL ACTION
Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-$9):
Mayor Opens Hearing-Outlines Rules
City Attorney reads Ordinance or Resolution (if Applicable)
Clerk Administers Oath
Disclosure of Ex-Parte Communication
Staff Presentation
Applicant Presentation - 15 Minutes
Inquiry of Applicant
Proponents'Testimony- 3 Minutes or 10 Minutes if Representing 5 or
More
Inquiry of Proponents
Opponents' Presentation - Affected Opponents 15 Minutes - Other 3
Minutes or lO Minutes if Representing 5 or More
Inquiry of Opponents
Informational Testimony - 3 Minutes or I0 Minutes if Representing 5 or
More
Closing of Public Informational Period
Staff Response and Summary - 10 Minutes
Applicant's Rebuttal Presentation - 10 Minutes
Board and Staff Inquiry
2
96.026A
96.066
P~,$OLUTION NO. R-96-23 - Sebastian Lakes - Amendment to
Development Agreement - Con~uation of 3/27/96 Hearing (City
Manager Transmittal 3/7/96, Proposed R-96-23, Agreement,
Location Map, City Manager Letter to Howse)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR, AND CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT
AMONG THE CITY OF SEBASTIAN, PTC ENTERPRISES, INC.
("PTC") AND LENNAR NORTHEAST PARTNERS LIMITED
PARTNERSHIP ("LENNAR"), THAT AGREEMENT BEING AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SEBASTIAN AND SEBASTIAN LAKES ASSOCIATES,
A FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR
RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF THE
RECORDED AGREEMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Legal Notice Advertisement 2/7/96, 1 st
Hearing 2/14/96 Continued to 2/28/96, Readverfised 2/22/96 and 2/23/96,
2/28/96 Hearing Continued to 3/13/96, Readvertised 3/20/96 and 3/22/96,
3/27/96 Hearing Continued to 4/10/96, Readvertised 4/3/96, Hearing 4/1/96)
RESOLUTION NO. R-96-28 - God's Little Acre - Minor
Subdivision Plat (Community Development Transmittal 4/3/96,
R-96-28, Application, Plat Under Separate Cover, P & Z Memo
2/16/96, Masteller Letter 2/13/96, Williams Memo 4/3/96, Map)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR
SUBDIVISION PLAT OF GOD'S LITTLE ACRE, A REPLAT OF TRACT
F, SEBASTIAN HIGHLANDS UNIT 17, CONSISTING OF 3.13 ACRES,
MORE OR LESS, LYING IN SECTION 19, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE PLAT;
DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE
CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY,
FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings (R-95-33) is as follows:
Mayor Opens Hearing
Attorney Reads Ordinance or Resolution
Staff Presentation
Public Input
Staff Summation
Mayor Closes Hearing
Council A ction
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 City
Council.
96.026B
ORDINANCE NO. 0-96-09 - Sebastian Lakes Transfer and
Vacation of Real Property - Continued from 3/27/96 (City Manager
Transmittal 3/7/96, 0-96-09, City Manager Letter to Howse,
Location Map)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF CERTAIN
REAL PROPERTY IN THE CITY OF SEBASTIAN; AUTHORIZING THE
TRANSFER AND EXCHANGE OF CERTAIN REAL PROPERTY IN
THE CITY OF SEBASTIAN TO ALIGN PROPERLY ROSELAND ROAD
SOUTH OF C.R. 512; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. ( 1 st Reading 2/16/96, Advertised Legal 2/16/96,
2/28/96 Hearing Continued, Readvertised 3/2/96, 3/13/96 Hearing
Continued, Readvertised 3/18/96, Hearing 3/27/96, Readvertised 4/1/96,
Hearing 4/10/96)
4
96.067
10.
11.
96.068
12.
13.
96.069
96.070
96.071
96.072
CONSENT AGENDA
All 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.
A. Approval of Minutes - 3/27/96 Regular Meeting
Bo
Steven Woodworth - Request Use of Community Center - Wedding
Reception - 4/20/96 - 3 pm to 11 pm - A/B - Security Pd (City Clerk
Transmittal 4/2/96, Application)
P.]~SENTATIONS
COMMITTEE,REPORTS/RECOMMENDATIONS
A. Construction Board
Accept Resignation of Nicholas Messina (Community
Development Transmittal 3/21/96, Messina Letter)
OLD BUSINESS
NEW BU~SINESS
Gift to the Sebastian Golf Course from Edna Willey - Restroom
Improvements (City Manager Transmittal 4/4/96, Oberbeck Letter
3/25/96)
Bo
Purchase and Installation of Computer Network System for Building
Department - Waiver of Sealed Bid Procedure - State Contract -
Compaq - $10,051.50 (City Manager Transmittal 4/4/96, Exhibit A)
Purchase John Deere Tractor for Golf Course - Waiver of Sealed Bid
Procedure - State Contxact - $12,613.01 (City Manager Transmittal
4/4/96)
Purchase of Used Mower for Golf Course - Waiver of Sealed Bid
Procedure - $7,200.00 (City Manager Transmittal 4/4/96, Exhibit A)
5
14. INTRODUCTION OF NI~W BUSINESS FROM T~
Which is not otherwise on the agenda - limit often minutes for each speaker
15. CITY COUNCIL MATTERS
A. Vice Mayor Walter Barnes
B. Mrs. Norma Damp
C. Mr. Raymond Halloran
D. Mr. Richard Taracka
E. Mayor Louise Cartwright
16. CITY ATTORNEY_MATTERS
17. CITY MANAGER MATTERS
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
VERBATI3d RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE rESr~O~Z AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD.
(286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO
NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE
CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS INADVANCE OF THIS
MEETING.
QUASI-JUDICIAL HEARING SiGN-UP SHEET
APRIL 10, 1996
96.026A A.
RESOLUTION NO. R-96-2~ - Sebastian Lakes Amendment to
Development Agreement - Continuation of 3/27/96 Hearing
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE MAYOR, AND CITY CLERK TO SIGN, ON BEHALF OF THE
CITY, AN AGREEMENT AMONG THE CITY OF SEBASTIAN, PTC ENTERPRISES,
INC. ("PTC") AND LENNAR NORTHEAST PARTNERS LIMITED PARTNERSHIP
("LENNAR"), THAT AGREEMENT BEING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND
SEBASTIAN LAKES ASSOCIATES, A FLOR/DA GENERAL PARTNERSHIP;
PROVIDING FOR RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF THE
RECORDED AGREEMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Name
Address
For Against Information
Name
Address
For
Against Information
Name
Address
For Against Information
QUASI-JUDICIAL HEARING SIGN-UP SHEET
APRIL 10, 1996
RESOLUTION NO. R-96-28 - God's Little Acre - Minor
Subdivision Plat
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDIVISION
PLAT OF GOD'S LITTLE ACRE, A REPLAT OF TRACT F, SEBASTIAN
HIGHLANDS UNIT 17, CONSISTING OF 3.13 ACRES, MORE OR LESS, LYING IN
SECTION 19, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE
PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK
OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR
RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For Against Information
.................... ~............................... ~m~ ........................................................
PUBLIC HEARING SIGN-UP SHEET
APRIL 10, 1996 REGULAR MEETING
96.026B A.
ORDINANCE b[OL 0-96-09 - Sebastian Lakes Transfer and
Vacation of Real Property - Continued from 3/27/96
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR THE VACATION OF CERTAIN REAL PROPERTY IN
THE CITY OF SEBASTIAN; AUTHORIZING THE TRANSFER AND EXCHANGE OF
CERTAIN REAL PROPERTY IN THE CITY OF SEBASTIAN TO ALIGN PROPERLY
ROSELAND ROAD SOUTH OF C.R. 512; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For
Against Information
PUBLIC INPUT ON AGENDA ITEMS
SIGN-UP SHEET
APRIL 10, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA
EXCEPT FOR PUBLIC HEARINGS WHICH HA VE THEIR OWN SHEETS-TIME LIMIT
OF 10 MINUTES PER SPEAKER
Name
Agenda ItEm No. and Titlg: ~t~ 0 ZO ~-- 7~ ,t7 7/ "' fg'-~7 ~
Nam, e:
Address:
Agenda Item No. and Title:
Name~
Address:
Agenda Item No. and Title:
~------~ .................................... ~m~--~m~m~--~ ..................................
Name:
Address:
Agenda Item No. and Title:
....................... ~--~m~.~d~mm~m~mm--m--m ............................................... m
Name:
Address:
Agenda Item No. and Title:
Address:
Agenda Item No. and Title:
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
APRIL 10, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT
OTHER WISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES
PER SPEAKER
AddresS: ~ ~ ~ ~
Subject: .~t~ / ~
Name: ~-~<~
Address:
Subject: ~p.~'w~Zlr: '- t~t~, ~^.'~
NalBe:
Address:
Subject:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
MINUTES
SEBASTIAN CiTY COUNCIL
REGULAR MEETING
WEDNESDAY, APRIL 10, 1996 - 7:05 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-95-33)
1. Mayor Cm-twright called the Regular Meeting at 7:05 p.m.
2. The Pledge of Allegiance was recited.
3. No one was available for invocation.
4. BOLL CALL
City Council Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
Staff Present:
City Manager, Thomas Frame
City Attorney, Tim Williams
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Zoning Technician, Jan King
Regular City Council Meeting
April 10, 1996
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 (R-95-33)
None.
6. PROCLAMATIQ,N$ AND/OR ANNOUNCEMENTS
96.063
Proclamation - (2oafederate History Month - April - Sons of
Confederate Veterans & United Daughters of Confederacy -
Commander Fred Mensing ~¢¢pting
Mayor Cartwright read and presented the proclamation to Fred Mensing
and other members of Sons of Confederate Veterans and United Daughters
of Confederacy.
96.064
Proelamatioa - March for Parks Weekend - Friends of St, Sebastian
River - April 20, 1996 - Tinl. OJoyer, president Accepting
Mayor Cartwright read and presented the proclamation to George Schum.
96.065
Faix ~9~J~il!g Month and American Home Week - Realtors
Associati~oa_ of indian River County - April and April 21,27, 1996 -
Chuck Emory Acce_p_t/l~g
Mayor Cartwright read and presented the proclamation to Chuck Emory.
2
Regular City Council Meeting
April 10, 1996
Page Three
7. QUASI-JUDICIAL_PUBLIC HEARING, FINAL ACTION
96.026A
RESOLUTION NO~_.K-~6-23 - Sebastian Lakes - Amendment to
Development Agreement - Continuation of 3/27/96 Heating (City
Manager Transmittal 3/7/96, Proposed R-96-23, Agreement,
Location Map, City Manager Letter to Howse)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR, AND CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT
AMONG THE CITY OF SEBASTIAN, PTC ENTERPRISES, INC.
("PTC") AND LENNAR NORTHEAST PARTNERS LIMITED
PARTNERSHIP ("LENNAR"), THAT AGREEMENT BEING AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SEBASTIAN AND SEBASTIAN LAKES ASSOCIATES,
A FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR
RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF THE
RECORDED AGREEMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Legal Notice Advertisement 2/7/96, 1 st
Hearing 2/14/96 Continued to 2/28/96, Readvertised 2/22/96 and 2/23/96,
2/28/96 Hearing Continued to 3/13/96, Readvertised 3/20/96 and 3/22/96,
3/27/96 Hearing Continued to 4/10/96, Readvertised 4/3/96, Hearing
4/1/96)
Mayor Cartwright opened the quasi-judicial heating at 7:15 p.m.; the City
Attorney read Resolution No. R-96-23 by title; and the City Clerk swore in
all those who intended to offer testimony.
No ex-parte communication was disclosed.
The City Manager gave a brief presentation on the amendment to
development agreement, stating that all problems have been resolved
between the developers and utilities and that performance bond amounts
have not yet been determined.
Regular City Council Meeting
April 10, 1996
Page Four
The City Attorney recommended amendments to Sections 2 and 3 oft. he
agreement as follows:
Section 2: delete "of' before the blank lines and add "determined by the
City Engineer to be sufficient to complete the Lennar Laconia Street
improvements".
Section 3: delete "of' before the blank lines and add "determined by City
Engineer to be sufficient to complete all improvements called for by the
approved PTC plans".
The City Manager said the Public Works Director had recommended an
alternate design for the intersection of Laconia and Roseland Road.
Mayor Cartwright recommended amendment to Resolution No. R-96-23 on
page two Section 1 to change "PTC and Lennar" to "Sebastian Lakes
Associates".
Ron Howse, engineer for the Winn Dixie project, concurred with the
changes.
Mayor Cartwright closed the public hearing at 7:23 p.m.
MOTION by Barnes/Halloran
I'll make a motion to approve Resolution No. R-96-23 as amended.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
Mr. Howse said construction would take six to seven months.
4
Regular City Council Meeting
April 10, 1996
Page Five
96.066 B.
RESOLUTION NO. R-96-28 - God's Little Acre - Minor
Subdivision Plat (Community Development Transmittal 4/3/96,
R-96-28, Application, Plat Under Separate Cover, P & Z Memo
2/16/96, Masteller Letter 2/13/96, Williams Memo 4/3/96, Map)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR
SUBDIVISION PLAT OF GOD'S LITTLE ACRE, A REPLAT OF
TRACT F, SEBASTIAN HIGHLANDS UNIT 17, CONSISTING OF 3.13
ACRES, MORE OR LESS, LYING IN SECTION 19, TOWNSHIP 31
SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE
PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO
THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER
COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Cartwright opened the quasi-judicial public heating at 7:25 p.m.; the
City Attorney read Resolution No. R-96-28 by title only; and the City Clerk
swore in all those who intended to offer testimony.
Zoning Technician, Jan King, presented the request on behalf of staff.
There was no ex-parte cormnunication disclosed and no public input.
Mayor Cartwright closed the hearing at 7:30 p.m.
In response to Mrs. Damp, the Zoning Technician said U.S. Fish and
Wildlife had released the subject property relative to scrub jays.
In response to Mr. Taracka, the Zoning Technician said there is water
service to the area but no plans to connect to sewer at this time.
5
Regular City Council Meeting
April 10, 1996
Page Six
MOTION by Halloran/Damp
I move to adopt Resolution No. R-96-28.
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Cartwfight
Mr. Barnes
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
8. PUBLIC HF~RI~IG,_I~INAL ACTION
96.026B
ORDINANCE NO. 0-96-09 - Sebastian Lakes Transfer and
Vacation of Real Property - Continued from 3/27/96 (City Manager
Transmittal 3/7/96, 0-96-09, City Manager Letter to Howse,
Location Map)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF
CERTAIN REAL PROPERTY IN THE CITY OF SEBASTIAN;
AUTHORIZING THE TRANSFER AND EXCHANGE OF CERTAIN
REAL PROPERTY IN THE CITY OF SEBASTIAN TO ALIGN
PROPERLY ROSELAND ROAD SOUTH OF C.R. 512; PROVIDING
FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (1 st Reading 2/16/96, Advertised Legal
2/16/96, 2/28/96 Hearing Continued, Readvertised 3/2/96, 3/13/96 Hearing
Continued, Readvertised 3/18/96, Hearing 3/27/96, Readvertised 4/1/96,
Hearing 4/10/96)
Mayor Cartwright opened the public heaxing at 7:32 p.m.; the City Attorney
read Ordinance No. 0-96-09 by title and the City Manager gave a brief
presentation.
Regular City Council Meeting
April 10, 1996
Page Seven
96.067
Harry Thomas, 654 Balboa Street, Sebastian, inquired how this will affect
the future four laning of Roseland Road from CR 512 to U.S. 1.
Ron Howse explained the proposed design which will facilitate the
transition.
Mayor Cartwfight closed the public hearing at 7:37 p.m.
MOTION by TarackaJBames
I move to adopt Ordinance 0-96-09.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
CONSENT_AGENDA
All 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.
A. Approval of Minutes - 3/27/96 Regular Meeting
'B.
Steven Woodworth - Request Use of Community Center - Wedding
Reception - 4/20/96 - 3 pm to 11 pm - A/B - Security Pd (City Clerk
Transmittal 4/2/96, Application)
The City Manager read the consent agenda.
Regular City Council Meeting
April 10, 1996
Page Eight
MOTION by Barnes/Cartwright
I move for approval of the consent agenda.
ROLL CALL:
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
10. PRESENTAT. IOL~$
None.
11. COMMITTEE REPORTS/RECOMMENDATIONS
Vice Mayor Barnes repm~ted on his attendance at the Treasure Coast
Council of Local Governments meeting relative to the high speed rail
timetable and lack of stop in Indian River County and proposed legislation
on equity and taxation which will apparently not pass this year.
96.068
A. Construction t3oar0
Accgpt t~e~ignation of Nicholas Messina l~Conmlunity
Development Transmittal 3/21/96, Messina Letter)
MOTION by Cartwright/Halloran
I'd like to move with regret we move to accept Mr. Messina's
resignation.
ROLL CALL: Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
Mr. Taracka
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
Regular City Council Meeting
April 10, 1996
Page Nine
12. OLD BUSINESS
None.
13. NEW BUSINESS
96.069 A.
Gift to the Sebastian Golf Course from Edna Willey - Restroom
Iml~ro¥~rn¢~ts (City Manager Transmittal 4/4/96, Oberbeck Letter
3/25/96)
The City Manager gave a brief explanation of how Mrs. Willey's offer to
renovate the Golf Course restrooms came about and read his
recommendation to "Recommend that the City accept the gift as proposed
by Mrs. Willey through Mr. Oberbeck's letter and that the City waiver any
formal bidding requirements and to also waive any required building permit
fees that would be applicable. Finally, that the City Manager be authorized
to sign a letter of engagement between the City and Oberbeck and
Associates, Inc., subject to approval of the City Attorney as to language
contained therein".
MOTION by Damp/Halloran
So move.
The City Attorney suggested adding "and waive payment and performance
bond". Mrs. Damp and Mr. Halloran concurred.
Mayor Cartwright requested the City Manager determine a monetary value
for the renovation.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
9
Regular City Council Meeting
April 10, 1996
Page Ten
96.070 B.
Purchase and Installation of Computer Netwo~ System for Bujlclirlg
Department - Waiver of Sealed Bid Procedure - State Contract -
Compaq - $10,051.50 (City Manager Transmittal4/4/96, Exhibit A)
The City Manager gave a brief explanation and discussed the use of state
contracts in lieu of the bidding process.
Sal Neglia, 461 Georgia Boulevard, Sebastian inquired whether use of state
contracts were always the cheapest way to go.
The City Manager said purchasing procedures are being rewritten.
TAPE I - SiDE II (7:51 p.m.)
Following some further discussion, motion was made.
MOTION by Bames/Halloran
I move to approve item 96.070 for the purchase and installation of a
computer network system for the Building Department and waiver of the
sealed bid procedure.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cm'twright - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
10
Regular City Council Meeting
April 10, 1996
Page Eleven
96.071 C.
Purchase John Deere Tractor fgr ~3o!f Course - Waiver of Sealed Bid
Procedure - State Contract - $12,613~Q 1 (Cily Manager Transmittal
4/4/96)
The City Manager said this purchase will be from the $50,000 budgeted for
Golf Course equipment and that other equipment will be considered.
MOTION by Damp/Taracka
I recommend purchase be approved and sealed bid procedure be
waived because the tractor's available through the Florida State contract,
utilizing the piggyback form of cooperative purchasing for the Golf Course.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
96.072
Purchase of Used Mower for Golf Cours~ - Waiver of Sealed Bid
Procedure - $7,200.00 (Ci,ly Malloger Transmittal 4/4/96, Exhibit A)
The City Manager said this is a demo with a four to five year expectancy.
MOTION by Damp/Halloran
I recoImnend that the above mower be purchased as stated and that
sealed bid procedures be waived as this is a one of a kind deal for the Golf
Course.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Bmxtes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
11
Regular City Council Meeting
April 10, 1996
Page Twelve
14.
INTRODUCTION OF NEW BUSIblF.~$ FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Sal Neglia, 461 Georgia Boulevard, Sebastian, asked whether the City
intends to use the prisoner work program in the future; inquired what "no
thru trucks" signs on Wave and Fleming and Wave and George mean;
recommended that Council contact telephone carriers to ascertain what
services they can provide for better television; and said he was still
committed to pay for the first Council auto shield.
In response, the City Manager said he will be bringing an agreement to
Council to utilize prisoners; will find out the intent of the signs; and will
contact AT&T relative to the telecommunications act and what their future
plans are. Mayor Cartwright asked Mr. Neglia to make up a design for the
shields for Council to look at.
Fred Winninger, 106 Thunderbird Drive, Sebastian, said he was appalled at
the construction of the Easy, Englar and Barber bikepaths; asked about the
spraying of canals.
In response, the Mayor asked the City Manager to check on the canal
spraying system. The City Manager said contract management needs to be
shored up in the City.
Herbert Storm, 549 Saunders Street, Sebastian, discussed government
indifference; and expressed concern for problems he maintains exist with
the Code Enforcement Board and Construction Board.
John Silvio, 641 Crystal Mist, Sebastian, discussed problems with his
neighbor.
Larry Driver said "no thru trucks" ordinarily means over 26,000 pounds.
TAPE II - SiDE I (8:38 p.m.)
12
Regular City Council Meeting
April 10, 1996
Page Thirteen
Mayor Cartwright called recess from 8:40 p.m. to 8:45 p.m. All members
were present.
At this time, City Manager Matters was moved up on the agenda.
17. CITY MANAGER MATTERS
The City Manager read a letter of appreciation from Golf Course members
(see attached); read his report on the deterioration of the Golf Course
storage building (see attached) and said he would proceed to have it
repaired; reported on his meeting with Pat Callahan and said he would have
individual discussions with Council members to get input and dialogue with
County Administrator Jim Chandler prior to scheduling any workshops on
recreation.
16. CITY ATTORNEY MATTERS
None.
15. CITY COIJ~CIL MATTERS
A. Vice Mayor Walter 13arno&
Vice Mayor Barnes asked whether the City could check on affiliations of
churches for tax purposes and the City Manager advised that this would be
a function of the County.
B. Mrs. Nor;ma
None.
C. Mr_, ~yalond Halloran
None.
13
Regular City Council Meeting
April 10, 1996
Page Fourteen
D. Mr. Richard Taracka
Mr. Taracka said he had contacted Mark Schumann with the Sebastian Sun
to try to alleviate the problem of multitudes of papers being thrown in
driveways and swales.
E. Mayor Louise Cartwright
Mayor Cartwright noted that John Hill had left stormwater brochures on the
table and urged people to take them and read them; said the Lion's Club
would like to have Chief Petty be the grand marshall for the 4th of July
parade subsequent to his return; and reported that the County Commission
had approved the purchase of 56 lots in Sebastian Highlands. She asked
anyone who was contacted for purchase to notify Council or staff.
18.
Me~9:05. p.m.
Approved at the
Meeting.
Being no further business, Mayor Cartwright adjourned the Regular
,1996, Regular City Council
L6uise R. Cartwright
Mayor
~athryn M~. O'Halloran, CMC/AAE
City Clerk
14