HomeMy WebLinkAbout04221998a City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, APRIL 22, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN TIIE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
shall address the Cio' Council with respect to agenda items immediate~ prior to deliberation of the item by the CiO' Council - limit often
minutes per speaker (R-97-21)
2.
3.
4.
5.
98.090
98.091
98.101
7.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION - Police Chaplain Frank Camillo
ROLL CALL
AGENDA ]MQI)!FICATIONS (ADDITIONS AND/OR DF-~]~T!ONS)
Items not on the written agenda may be added only upon majori~, vote of Cio' Council members (R-97-21)
I'I~OCLAMATIONS, ANNOUNCEMENTS AND/OR pRESENTATiONS
A. Presentation of Certificate to Employee of the Quarter
B. Proclamation - National Registered Nurse Recognition Day - Inez Fielding Accepting
C. Proclamation - National Public Works Week - Public Works Staff Accepting
CITY ~TTORNEY MATTERS
CITY MANAGER MATTERS
98.022
98.025
98.092
98,026
98.001
98.093A
98.094
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 ilem will be removed and acted upon
separate~.
A. Approval of Minutes - 4/8/98 Regular Meeting
Authorize Payment to Supervisor of Elections for Administering 3/10/98 General Election (City Clerk
Transmittal 4/13/98, SOE Letter w/Attachment)
Co
Extend C.R. McLellan Annual Culvert Installation Contract for One Additional Year to 4/10/99
(PW/Purchasing Transmittal 4/14/98, Original Contract Page with Extension Clause - Paragraph 8)
D. Approve the 1998/99 Fiscal Year Budget Calendar (Finance Dept. Transmittal 4/14/98, Calendar)
Accept Recommendation Re: Ranking for Structural Engineers - Authorize City Manager to
Negotiate Contract to Bring Back for Council Approval (City Manager Transmittal 4/16/98, Memo
4/9/98, Point Rating Matrix)
Resolution No. R-98-18 - Falcon Cable Extension - May 7, 1998 to July 6, 1998 (City Manager
Transmittal 4/16/98, R-98-18)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTiNG AN EXTENSION
OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS
UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY
COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE KEVENUE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Adopt Resolution No. R-98-21 CDBG Contract Amendment (City Manager Transmittal 4/16/98,
R-98-2 l, Amendment)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN AMENDMENT TO THE
COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (THE "DCA") AND THE CITY OF SEBASTIAN; PROVIDING .FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
Adamski Party - Approve A/B Use in Conjunction with Use of Yacht Club on May 9, 1998 from 1
pm to 10 pm - Age Verified - Security Paid (City Clerk Transmittal 4/14/98, Application)
2
98.066
98.095
98.096
98.097
98.093B
10.
11.
12.
13.
14.
PUBLIC HEARING
Procedures for public hearings: (R-97-21)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· StaffPresentation
· Public Input - Limit ofl 0 Minutes Per Speaker
° StaffSummation
° Mayor Closes Hearing
· CouncilAction
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the
Record
First Public Hearing of Ordinance No. O-98-02 - Repealing O-97-65 and Lifting Moratorium-
Second Public Scheduled for 5/6/9 (City Manager Transmittal 4/16/98, 0-98-02)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE
NO. O-97-65, WH/CH AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCES ENTITLED
"ZONING PROVISIONS" BY ADDING A NEW SECTION ENTITLED "BUILDING PERMIT MORATORIUM";
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading
3/11/98, Display Ad 3/18/98, 1st Hearing 3/25/98, Hearings Deferred to 4/22/98 and 5/6/98 Special, Readvertised Display
4/15/98)
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
COMMITTEE REP_OliTSJB, I~COM~ATI[O NS
Tree Advisory Board
1. Interview and Appoint Regular Member - Term to Expire 4/200 (Tree Board Terms are Two
Year) (City Clerk Transmittal 4//98, Application, Board List, Advertisement)
OLD BUSINESS
Access Restriction on Georgia Boulevard and Delmonte Road at East Termini Subject to City
Attorney Review (City Manager Transmittal 4/16/98, Map)
NEW BUSINESS
Ao
Adopt Resolution No. R-98-19 Approving Capital Improvement Budget for FY 1998 through 2002
with Carry-Over Projects from FY 1997 (Finance Director Transmittal 4/16/98, R-98-19, Capital
Improvement Budget Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A CAPITAL
BUDGET FOR FISCAL YEAR 1997-1998 AND A 5 YEAR CAPITAL IMPROVEMENT PROGRAM FOR THE CITY
OF SEBASTIAN FOR FISCAL YEARS 1998-2002, WITH PROJECTS CARRIED OVER FROM FISCAL YEAR 1997;
PROViDiNG FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
CAVCorp Property CDBG Bid Award - Review and Select Option (Director of Community
Development Transmittal 4/16/98, Miller Letter)
Request from James and Mary Stough for Access over City Drainage Right-of-Way for Five Acre
Parcel on Joy Haven Drive (City Manager Transmittal 4/16/98, Stough Letter 4/3/98, Map)
98.099A
Do
Request by William and Mary Ingui for City to Deed Three Feet of Canal Right-of-Way (City
Manager Transmittal 4/16/98, Ingui Letter, Survey and Variance Application w/Recommendation)
98.099B
Resolution No. R-98-20 - Vacation of Easement - Ingui - Lot 5, Block 104, Unit 2 Replat
(Community Development Director Transmittal 4/16/98, R-98-20, Application, Site Map, Staff
Report, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE PUBLIC UTILITY AND DRAINAGE EASEMENT ON THE SOUTH
THREE (3) FEET OF THE NORTH TEN (10) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 5,
BLOCK 104, REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 6, PAGES 87 THROUGH 87B OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONSOR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
98.100
Model 7740 Ford Tractor with 21" Terrain King (Machete) Severe Duty Boom Mower - Appropriate
$32,400 from Non-Department Budget and Approve Purchase from Robinson Equipment Company,
Inc. of Mims in the Amount $52,400 (PW/Purchasing Transmittal 4/13/98)
15. CITY COUNCIL MATTERS
B.
C.
D.
E.
Mrs. Louise Canwright
Mr. Chuck Neuberger
Mr. Larry Paul
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
16.
ADJOURN (All meetings shall adjourn at IO: 30 p.m. unless extended for up to one half hour by a majoriO, vote of Ci~y
Council)
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE B Y THE CITY COUNCIL WITtt RESPECT TO ANY MA TiER CONSIDERED A T THIS MEETING
(OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THA T A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HFatRD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE liqIO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Upcoming Meetings:
· Public Forum - Wednesday, April 29, 1998 ~ 7 pm
· Special Meeting - (O-98-02) Wednesday, May 6, 1998 ~ 7 pm
° Regular Meeting - Wednesday, May 13, 1998 ~ 7 pm
· Regular Meeting - Wednesday, May 27, 1998 ~ 7 pm
4
PUBLIC HEARING SIGN-UP SHEET
APRIL 22, 1998 REGULAR MEETING
98.066 A.
First Public H~ariiig of OrOirlt~n~¢ No, 0-98-02 - Lifting Riveffront Building Moratorium -
Repealing 0-97-65
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 0-97-65,
WHICH AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCES ENTITLED "ZONING PROVISIONS" BY
ADDING A NEW SECTION ENTITLED "BUILDING PERMIT MORATORIUM"; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 3/11/98, Display Ad 3/18/98, 1st Hearing 3/25/98, Hearings
Deferred to 4/22/98 and 5/6/98, Readvertised 4/15/98 and 4/29/98)
Name
Address
Name
Address
Name
Address
Name
Address
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
APRIL 22, 1998 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE
PREPARED AGENDA - LIMIT OF 10 341N~ES PER SPEAKER
Address:
Subject: ~/F~_-
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, APRIL 22, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Sullivan called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
There was a moment of silence.
ROLL CAI~L
City Council Prs:sertl;;
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwfight
Mr. Chuck Neuberger
Mr. Larry Paul
Stt~ff pre~ent:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathtyn O'Halloran
Public Works Director, Pat Brennan
Chief of Police, Randy White
City Engineer, Martha Campbell
Deputy City Clerk, Sally Maio
~,~,Regular City Council Meeting
phl 22, 1998
l~Page Two
78.090
98.091
98.101
AGENDA MODIFICATIONS ~D_DITiOi~_A_ND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of CiO~ Council members (R-97-21)
The City Manager requested removal of Resolution No. R-98-19 Capital Improvement Budget, item 14A;
suggesting that it be scheduled for the May 6, 1998 Special Meeting at this time.
MOTION by Wininger/Neuberger
So moved.
VOICE VOTE on the motion carried 5-0.
Mrs. Wininger requested addition of two items under Old Business to ask for the City Attorney's opinion
regarding Collier Club and Code Enforcement. The City Attorney said Mrs. Wininger could ask her under
Council matters or City Attorney matters.
Mrs. Wininger made an announcement regarding the Indian River County Commission Meeting next Tuesday
relative to a discussion about adding a new EMS unit at Station Nine, and she urged people to attend.
I~RO~I~AMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Presentation of Certificate to Employee of the Ouarter
Mayor Sullivan read and presented the certificate to Barbara Quinn.
B. Proclamalign - National l~gistered Nurse Recognition Day - Inez Fielding Accepting
Mayor Sullivan read the proclamation and presented it to Inez Fielding and other nurses in
attendance.
C. Proclamation - Nlti0ltol Public Works Week - Public Works Staff Accepting
Mayor Sullivan read the proclamation and presented it to Public Works Director, Pat Brennan.
L-qTY ATTORNEY MATTERS
Vice Mayor Wininger requested opinions from the City Attorney regarding the motion for Collier Club,
asking whether the nine pages excluded should be approved. The City Manager said those pages are the
construction drawings and did not need to be a part of the preliminary plat approval.
Vice Mayor Wininger said charter section 3.07 states that the Chief of Police shall enfome the City's
ordinances. The City Attorney said the Charier merely empowers the Chief to enforce the codes, but it is up
to City government to choose enforcement procedures and the City of Sebastian had chosen to follow
procedures under Florida Statutes.
2
.,,~Regular City Council Meeting
pril 22. 1998
l~Page Three
8. CITy MANAGER MATTERS
The City Manager reported on the Recreational Advisory Board meeting relative to the Schumann tennis
courts. He said in light of the absence of the County representatives, he had recommended the item be
deferred for an additional month to allow staff to get information from all three parties in a way the Board can
follow; said a citizen had discussed the Filbert Street tract and asked about developing it as passive park, and
suggested two alternatives to submit to Indian River County, suggesting it be placed on the next regular
agenda for discussion; and requested the paving program and the capital improvement program be placed on
a future agenda. He suggested he place the scheduling of these items on the April 29, 1998 public forum
agenda and City Council concurred.
The City Manager said he had scheduled a May 11, 1998 meeting with Chris Mora, Indian River County
Traffic; and reported that he had been contacted by a grants person with SJRWMD who said the City may be
eligible 50/50 for purchase of the Good Fellows Mobile Home Park and that he will pursue it.
The City Manager said Chief White had submitted a memo to him suggesting the City pass an ordinance
prohibiting skateboarding and bicycling on Schumam~ courts. Vice Mayor Wininger suggested Barber Street
Sports Complex be included, however, she suggested that a location be sought to allow skateboarding.
Mayor Sullivan said the law may changed relative to liability which may open up the door for this 'type of
activity; and reported on a meeting she had with Commissioner Adams and Pat Callahan regarding recreation
in the North County. Chief White addressed City Council on the need for a skateboarding ordinance and
there was a 4-1 (Paul - nay) consensus for the drafting of an ordinance.
The City Manager reported on a letter regarding an offer of the historical Bamma Lawson house on U.S. 1,
which would have to be moved.
TAPE I - SIDE II (7:50 p.m.)
Vice Mayor Wininger said she will contact property owner, Dr. Melrose, to see if he would like to donate the
property as well. Council concurred.
CONSENT PsGI~NDA
,411items on the consent agenda are considered to be routbte 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 - 4/8/98 Regular Meeting
98.022
Authorize Payment to Supervisor of Elections for Administering 3/10/98 General Election (City Clerk
Transmittal 4/13/98, SOE Letter w/Attachment)
98.025
Extend C.R. McLellan Annual Culvert Installation Contract for One Additional Year to 4/10/99
(PW/Purchasing Transmittal 4/14/98, Original Contract Page with Extension Clause - Paragraph 8)
~Ap~lar City Meeting
Council
ril 22, 1998
Page Four
98.092 D.
98.026 E.
98.001 F.
98.093A G.
98.094 H.
98.022 B.
Approve the 1998/99 Fiscal Year Budget Calendar (Finance Dept. Transmittal 4/14/98, Calendar)
Accept Recommendation Re: Ranking for Structural Engineers - Authorize City Manager' to
Negotiate Contract to Bring Back for Council Approval (City Manager Transmittal 4/16/98, Memo
4/9/98, Point Rating Matrix)
Resolution No. R-98-18 - Falcon Cable Extension - May 7, 1998 to July 6, 1998 (City Manager
Transmittal 4/16/98, R-98-18)
A RESOLUTION OF THE CITY COIJNCIL OF TttE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION
OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIlvRJM OF SIXTY DAYS
UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY
COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Adopt Resolution No. R-98-21 CDBG Contract Amendment (City Manager Transmittal 4/16/98,
R-98-21, Amendmen0
A RESOLErl'iON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN AMENDMENT TO THE
COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (THE "DCA") AND THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOL[VfIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
Adamski Party - Approve A/B Use in Conjunction with Use of Yacht Club on May 9, 1998 fi.om 1
pm to 10 pm - Age Verified - Security Paid (City Clerk Transmittal 4/14/98, Application)
The City Manager read the consent agenda, and the City Attorney read Resolution Nos. R-98-18 and
R-98-20 by title.
Mrs. Cartwright and Mr. Neuberger removed item F; Vice Mayor Wininger removed items B, C and
H.
MOTION by Cartwright/Neuberger
I move to approve items A, D, E, G the consent agenda.
VOICE VOTE on the motion carried 5-0.
Authorig¢ payment to Supervisor of Elections for Administerjllg 3/.10/98 General Election
Vice Mayor Wininger questioned one of the line items in the cost breakdown.
Mr. Paul questioned the difference in the cost from last year and the City Clerk advised the cost was
based on the number of voters in each election.
4
Regular City Council Meeting
22, 1998
Five
98.025 C.
98.001 F.
MOTION by Wininger/Neuberger
I move to approve item B of the consent agenda.
ROLL CALL: Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
F.~t~nd C.R. McLellan Annual Culvert Installation Con~r~c[ for One Additional Year to 4/10/99
Vice Mayor Wininger, questioned the City's past experience with the company. The City Engineer
there has been a good working relationship, and said any concerns are responded to.
MOTION by Wininger/Neuberger
I move to approve item C of the consent agenda.
ROLL CALL: Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
MOTION CARRIED 5-0
ResotutioR.No. R-98-18 - Falcon Cable Extension - M_.ay. 7~ 1998 to July 6, 1998
In response to Mrs. Cartwright and Mr. Neuberger, the City Manager said the draft
telecommunications ordinance is nearly ready and that a first reading could be conducted at the first
meeting in May and the final in June, and that a draft agreement could be ready in June.
MOTION by Neuberger/Cartwright
i'll make a motion to approve.
ROLL CALL: Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
Regular City Council Meeting
22, 1998
age Six
98.094 H.
98.066
10.
Adamski Party - Approve AdB Use in Conjunction with Use of Yacht Club on May 9, 1998 from 1
pm to 10 pm - Age Verified - Security Paid (City Clerk Transmittal 4/14/98, Application)
MOTION by Wininger/Neuberger
I move to approve
VOICE VOTE on the motion carried 5-0.
PUBLIC HEARING
Procedures for public hear#.lgs: (R-97.21)
Mayor Opens Hearing
· .4ttorney Reads Ordinance or Resolution
, StaffPresentation
o Public Input - Limit oflO Minutes Per Speaker
o StaffSummation
· Mayor Closes Hearing
Councd.4 ction
Anyone Wishing to Speak is .4sked to Silpt Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the
Record
First Public Hearing of Ordinance No. O-98-02 - Repealing 0-97-65 and Lifting Moratorium-
Second Public Scheduled for 5/6/9 (City Manager Transmittal 4/16/98, 0-98-02)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE
NO. 0-97-65, WHICH AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCES ENTITLED
"ZONINO PROVISIONS" BY ADDING A NEW SECTION ENTITLED "BUILDING PERMIT MORATORIUM";
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
3/11/98, Display Ad 3/18/98, 1 st Hearing 3/25/98, Heatings Deferred to 4/22/98 and 5/6/98 Special, Readvertised Display
4/15/98)
Mayor Sullivan opened the hearing at 8:05 p.m., and the City Attomey read Ordinance No. O-98-02
by title. The City Manager recommended the second public heating on May 6, 1998.
Mayor Sullivan closed the hearing at 8:06 p.m.
Vice Mayor Wininger suggested the removal of"and" in the second Whereas clause.
MOTION by Neuberger/Cartwdght
I move we conduct the first public hearing on Ordinance No. 0-98-02 and set the second
public hearing for May 6, 1998.
ROLL CALL: Mayor Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
6
Regular City Council Meeting
22, 1998
Page Seven
11.
TAPE II - SIDE
12.
98.095
I1X~RQi)ijCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
Walter Barnes, 402 Azine Terrace, Sebastian, asked about the status of no parking signs on the west side of
Indian River Drive, to which the Public Works Director said 18 signs have been ordered and should be up in
two to three weeks; asked about the grant for the building at Barber Street Sports Complex, to which the City
Manager said the City did not get the grant; asked about the reconfiguration of the Yacht Club parking lot;
reported on citizen problems with the new car wash on U.S. 1, to which the City Manager said he will have
staff review screening and look at the relocation of the sign; and announced the Keep Indian River Beautiful
cleanup on Saturday starting at Riverview Park at 9 am.
Sal Neglia, 461 Georgia Boulevard, Sebastian, recommended the Old Grouch sign at the south limit be
removed, to which the City Manager said the problem with its removal is obtaining permission to go on the
property; and reported on the proliferation of signs around town, illegally parked boats and other matters
since Code Enforcement officers left.
Leonard Bassi, 573 Browning Terrace, Sebastian, discussed past problems with his house, read from statutes,
codes, and constitution, however, the City Attorney advised that the City is in litigation with Mr. Bassi and
the City should not discuss it.
Mayor Sullivan called recess at 8:28 p.m. and reconvened the meeting at 8:35 p.m. All members were
present.
Don Smith, 208 Poinciana Street, Sebastian, distributed information relative to alleged charter violations by
the Mayor and discussed the need to resolve this problem.
I (8:49 p.m.)
COMMITTEE REPORTS/RECOMMENDATIONS
Tr¢~ Advisory Board
1. Interview and Appoint Regular Member - Term to Expire 4/2000 (Tree Board Terms are
Two Year) (City Clerk Transmittal 4//98, Application, Board List, Advertisement)
City Council interviewed Charles Cardinale.
MOTION by Cartwright/Sullivan
I move to appoint Mr. Charles Cardinale to a regular member position on the Tree Advisory
Board with term to expire April of the year 2000.
VOICE VOTE on the motion carried 5-0,
Regular City Council Meeting
22, 1998
Page Eight
13. OLD BUSIN]~$
98.O96 A.
Access Restri~00a 911 Ocorgia Boulevard and Delmonte Road at East Termini ~l~bic~ to City
Attorney l~c~'i~w (CJW Manager Transmittal 4/16/98, Map)
The City Manager displayed the subject location and gave a brief presentation on alternative
accesses.
Wesley Davis, 7001 84th Avenue, said, in consideration of residents, he normally limits harvesting
to approximately two weeks out of the year, that the property is on the market, he is willing to work
with the City on access to U.S. 1, said harvesting is finished for this year, and that he would be happy
to meet with residents and explain the process to them.
The City Manager suggested the Georgia access be gated to keep out ATV traffic.
Joseph DeStefano, 334 Orange Avenue, Sebastian, and Edrina Davis, 668 Benedictine Terrace,
Sebastian, commended Mr. Davis and urged Council to work with him.
Mrs. Cartwright said "i have no problem with restricting the access on Georgia as Mr. Frame
reco~nmended, but I don't want to touch, and i don't think we should touch, or have a need to touch
the Davis property at all." Mayor Sullivan asked if that was in the form of a motion.
MOTION by Cartwright/Paul
So moved.
VOICE VOTE on the motion carried 5-0.
The City Manager said a gate could be placed on Delmonte with a key provided to Mr. Davis and
FPL and any emergency vehicles.
MOTION by Cartwright/Paul
I could amend the motion to put up the gate according to an agreement between you and FPL
and Mr. Davis.
VOICE VOTE on the amendment carried 5-0.
VOICE VOTE was taken on the main motion as amended and carried 5-0.
14. NEW BUSINESS
98.097 A.
Adopt Resolution No. R-98-] 9 Approving Capital Improvemert[ ]~udget for FY 1998 through 2002
with Carry-Over Projects from FY 1997 (Fir~ar~:e Director Transmittal 4/16/98. R-98-19, Capital
I~aprovement Budget Under Separate Cover)
This item was removed under agenda modifications and will be rescheduled.
8
egular City Council Meeting
pril 22, 1998
Page Nine
98.093B B.
(~AVCorp Property CDBG Bid Award - Review and Select Option (Director of Community
Development Transmittal 4/16/98, Miller Letter)
The City Manager had distributed a letter dated 4/22/98 at the beginning of the meeting from CRA
(see attached) and CRA Project Engineer, Joe Miller, gave a presentation on the three best options
for Council to consider, due to the fact that bids came in higher than the funding; and recommended
award of the bid based on option 2. He said if option 3 is chosen, the contractor may opt out of the
bid.
TAPE II - SIDE II (9:35 p.m.)
Following a lengthy discussion, inquiry by Mr. Neuberger relative to electrical connections,
suggestion by Mayor Sullivan to delete two driveways from the plan, inquiry by Mr. Paul on whether
there was an aluminum pole warranty, Council comments on the importance of maintaining the 91
lights as originally proposed, urging by Bud Clark to move forward on the project with option 2 so as
not to risk losing the grant from DCA, and the possibility of using contingency funds or other city
funds for additional lights, motion was made.
MOTION by Paul/Cartwright
I'd like to make a motion that we go ahead and accept option 2 as the option of choice for
the Cavcorp property with express purpose of the contingency fund trying to be watched very closely
for the additional use of the lights on the place.
Discussion continued.
ROLL CALL: Mrs. Cartwright - aye
Mr. Neuberger - nay
Mr. Paul - aye
Mrs. Sullivan - nay
Mrs. Wininger - nay
MOTION FAILED 2-3 (Neuberger, Sullivan, Wininger - nay)
MOTION by Sullivan/Neuberger
I would move approval of option number 3.
ROLL CALL: Mr. Neuberger - aye
Mr. Paul - nay
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - nay
MOTION CARRIED 3-2 (Paul, Cartwright - nay)
9
Regular City Council Meeting
22, 1998
Page Ten
98.098 C.
Request from Jame~.arg[xMary Stough for Access over City Drainage ~ght-of_-Way for Five Acre
Parcel on Joy ]:]3y~r~ Driy~ (Cit~ Manager Transmittal 4/16/98,. q~toogh Letter 4/3/98, Map)
The City Manager gave a brief presentation on the request and suggested that Council consider
incorporating the property into the City.
Property owner James Stough, 7625 85th Street, Wabasso, and the prospective owners, addressed
City Council on a request for the City to allow them to construct a driveway over a City drainage
fight-of-way.
TAPE III - SIDE I (10:25 p.m.)
They said they had no plans to subdivide, did not want to be annexed, and had agreed to put in and
maintain the pipes.
Discussion took place on the City receiving services without being taxed, possibly annexing the
property, the possibility of future subdivision, and creating a provision for horses in the City on
larger tracts.
MOTION by CartwrighffNeuberger
i move to extend the meeting to 11.
VOICE VOTE on the motion carried 5-0.
A lengthy discussion continued on restricting the access to assure no future subdivision could be
developed. The City Attorney said the City can physically limit the size of the access so that no one
would want to develop there in the future, but the City could not charge for use of the access. The
City Engineer said she would like a long term agreement with the property owner that they would
maintain the pipe. The City Attorney said once access to the properly is approved, the City could not
take access away in the future.
MOTION by Cartwright/Neuberger
I move to allow access over the City's fifty foot drainage fight-of-way under the terms that
the pipes be sized specifically to the City Engineer's specifications with all costs, including
permitting, being the property owners' responsibility, not to exceed 30 foot in width.
VOICE VOTE on the motion carried 3-2. (Sullivan, Wininger - nay)
Mrs. Cartwright suggested thc remaining items be carried to thc beginning of the April 29, 1998
forum agenda. Council concurred.
Mayor Sullivan adjoumed the meeting at 11:00 p.m.
10
i Regulat City Cou~il Meeting
April 22, 1998
Page Eleven
~ ite~ will be_carried f~ar/l:
~S.099A
Requm by William and M~ Insui f,x City to D~ TI~ F~rt of Cm~l IU~t.~f-W~, icky
Manager Transmittal 4/16/98, lnguJ Lotto. Sm'vcy and Varian~ App~ w~k~m)
98.099B E.
Resolution No. R-98-20 - Vacation of Easemeat - Ingui - Lot 5, Bloc& 104, Unit 2 lt~l~
(Comm~ty Developraent Director Tr~mittal 4/16/98, R.95-20, Applkation, Si~ Map, Staff
~ Utility Letlers)
A RESOLUTION OF THE CITY OF SEBASTIAN, ~ RlVER COUNTY, I~3RIDA,
AB~O AND DlSCONTINUINO THE irOBLIC IYrlLITY AND i~ILMNAOE
THREE (3) I~BT OF Tl~ NOR11~ ~ (10) FOOT Pt~LK~ UTILITY
9s.ioo
Model 7740 Fold Tra~w wilh 21" T~rain King (Macline) Style ~ Boom Mower o Al~r~
$32,400 from Non-Depanm~ Btul~ a~d Approve l~d~e from Robimoa ~ Compaq,
Inc. of Mires in the Amount $52,400 (PW/Putcha~ Trammittal 4/13/98)
15. CITY COUNCIl,, MA'I*I'EI~
B,
C.
D,
lvln. Loui~ Canwri~h~
Mt', Chu~k
May~ Ruth Sulliv~m
V~ May~r
Approved at the
,1998, Regular City Council Meeting.
Ruth Sullivan
City Clerk
11