HomeMy WebLinkAbout0509199090.123
90.045
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MAY 9, 1990 - 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 - Reverend John Hill - Sebastian United
Methodist Church
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - Teacher Appreciation Week - May 14
- 20, 1990
7. PUBLIC HEARING, FINAL ACTION
8. PUBLIC INPUT
A. Non-Agenda Items
Leonard Bassi - Qualifications of Bruce Cooper as
Building Official (Agenda Request Forms, DPR
Certification of Non Licensure dated 4/24/90,
Section 102 Re: Building Official, Letter from
DCA dated 4/26/90, Cooper's Building Inspector
Certification, Memo from Director of Community
Development dated 5/3/90 w/several attachments)
90.124
90.124
90.125
90.126
90.127
90.128
90.129
89.003
10.
B. Agenda Items
CONSENT AGENDA
A. Approval of Minutes - 4/25/90 Regular Meeting
Request for Security Deposit and Fee Waiver for
Use of Community Center - Sebastian 4th of July
Committee - Benefit Dance 6/23/90 - 8 p.m. to 12
a.m. - A/B - Permittee DOB 1/19/54 (Application,
Letter from Vickers dated 4/30/90)
Request for Security Deposit and Fee Waiver for
Use of Yacht Club - Sebastian 4th of July
Committee - VIP Breakfast 7/4/90 - 6:30 a.m. to
12:00 p.m. (Application, Letters from Vickers
dated 4/27/90 & 4/30/90)
Request for Community Center - Sebastian River
Shrine Club - Pot Luck Supper - 9/12/90 - 5 p.m.
to 9 p.m. - A/B - Permittee John Zaricky DOB
1/7/22 - Security Paid (Application)
Request for Community Center - Burns Wedding -
9/1/90 - 6 p.m. to 10 p.m. - A/B - Permittee Ava
Burns - 11/29/64 - Security Paid (Application)
Bid Award - Golf Course - Orthene Insecticide -
600 lbs. - Terra International, Inc. - $4,950.00
(Staff Recommendation dated 5/1/90, Bid
Tabulation Form)
Bid Award - Cemetery - Unit 4 - Sod - Bannerman
Landscaping, Inc. - $13,260 (Staff Recommendation
dated 5/3/90, Memo from Interim City Engineer
dated 5/2/90, Bid Tabulation Form)
Bid Award - Cemetery - Unit 4 - Irrigation -
Clark Water Co. - $3,700 (Staff Recommendation
dated 5/3/90, Memo from Interim City Engineer
dated 5/2/90, Bid Tabulation Form)
Schedule 5/16/90 Special City Council Meeting for
the Purpose of Presentation of Williams, Hatfield
& Stoner Revised Scope of Services/Airport
Community Compatibility/Master Plan Study -
5/16/90 @ 7:00 P.M.
PRESENTATIONS
11. COMMITTEE REPORTS/RECOMMENDATIONS
90.130
88.084
90.131
90.058
88.084
90.132
88.193
90.133
12.
13.
A. PLANNING & ZONING COMMISSION
Recommendation - Reappointment of Stanley
Krulikowski - Three Year Term - 5/90 to 5/93
(P & Z Recommendation dated 5/3/90, Memo from
P & Z dated 4/27/90, Letter from Krulikowski
dated 4/9/90)
OLD BUSINESS
RESOLUTION NO. R-90-18 -Revised Main Street
Realignment Agreement (City Manager
Recommendation dated 5/3/90, R-90-11 w/ Attached
Agreement & Legal Description, Property Appraisal
Letter dated 4/11/85)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT
FOR EXCHANGE OF REAL PROPERTY WITH CARL JULIAN,
INDIVIDUALLY AND AS TRUSTEE, ROGER M. SKILLMAN AND
WAUNETA B. SKILLMAN, PERTAINING TO THE EXCHANGE OF
CERTAIN PARCELS OF REAL PROPERTY LOCATED IN THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FOR
MUNICIPAL PURPOSES OF DIRECT BENEFIT TO THE CITIZENS
OF THE CiTY AND SUCH OTHER DOCUMENTS, DEEDS, PLATS
AND CLOSING STATEMENTS NECESSARY TO EFFECTUATE AND
CONSUMMATE THE AGREEMENT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Recommendations on Restrictions Re: Accessory
Buildings (Staff Recommendation dated 5/3/90,
Memo from Director of Community Development dated
5/3/90, Memo from P & Z Secretary dated 3/23/90
w/ Attachment)
NEW BUSINESS
Award Bid for Clearing Main Street Right-of-Way -
Dennis L. Smith, Inc. - $8,500 (Staff
Recommendation dated 5/3/90, Memo from Interim
City Engineer dated 5/2/90, Bid Tabulation Form)
Police Facility - Architectural Consultant
Selection (City Manager Recommendation dated
5/4/90, Memo from Chief of Police dated 5/3/90,
Statement of Qualifications of Architects Design
Group)
90. 134
14.
15.
16.
17.
18.
MAYOR'S MATTERS
A. Discussion - Possibility of Golf Course Lease -
United States Golf Services & Development
(previously distributed)
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
CITY ATTORNEY MATTERS
CiTY MANAGER MATTERS
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.)
4
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MAY 9, 1990 - ?: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.
Mayor Conyers called the meeting to order at 7:03
p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend John Hill, Sebastian
United Methodist Church.
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Robert McCollum
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman Lloyd Rondeau
Also Present:
City Manager, Robert McClary
Assistant City Manager, Jo Anne
Townsend
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Chief of Police, Charles Reynolds
Acting Golf Course Manager, Jim
DeLarme
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
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Re§ular City Council Meeting
May 9, 1990
Page Two
90.123
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
The City Manager requested agenda modifications as
follows: 1) addition of Teens Against Boredom under
public input, and 2) withdrawal of Consent Agenda
items G & H.
MOTION by Oberbeck/Powell
I move we add Teens Against Boredom under public
input item 8 on our agenda.
VOICE VOTE on the motion carried 5-0.
MOTION by Oberbeck/McCollum
I move we remove item G & H from the Consent
Agenda as requested by the City Manager until our
next regular meeting.
VOICE VOTE on the motion carried 5-0.
PROCLAMATIONS AND/OR ANNOUNCEMENTS
Proclamation 2 Teacher Appreciation Week - May 14
- 20, 1990
Mayor Conyers read and presented the proclamation to
Katherine Myers of the Wabasso School and Indian River
County Teacher of the Year. Two other teachers of
the year, Corky Ashcraft and Aida Kirk of Sebastian
Elementary introduced themselves.
PUBLIC HEARING, FINAL ACTION
None.
8. PUBLIC INPUT
Mark Marcell, Jessica Falzone, and Terry Garceau,
Teens Against Boredom, expressed interest in working
to establish a teen center in the north county area.
City Council members and staff expressed their
support. Councilman McCollum offered to be liaison
between the group and City Council.
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Regular City Council Meeting
May 9, 1990
Page Three
90.045
A. Non-Agenda Items
Leonard Bassi - Qualifications of Bruce Cooper as
Building Official (Agenda Request Forms, DPR
Certification of Non Licensure dated 4/24/90,
Section 102 Re: Building Official, Letter from
DCA dated 4/26/90, Cooper's Building Inspector
Certification, Memo from Director of Community
Development dated 5/3/90 w/several attachments)
Following a brief discussion, during which Mr. Bassi
stated he would need more than the allotted ten or
fifteen minutes to present his case and departed from
the meeting, motion was made as fOllows:
MOTION by Oberbeck/Powell
I move we call a special meeting on May 14, 1990
at 7:00 p.m. strictly to review the problem of Mr.
Bassi or whatever he wants to present to this
Council, not to take any action on anything else,
notify Mr. Bassi and request his presence.
ROLL CALL:
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor 0berbeck - aye
Councilman Powell - aye
Councilman Rondeau - nay
MOTION CARRIED 4-1 (Rondeau - nay)
Upon questioning by the City Manager, it was decided
that public input was not necessary at the special
meeting and that staff and the City Attorney would
have an opportunity to present evidence.
B. Agenda Items
Bill Markham, 238 Main Street, Sebastian, Dr. Harry
Beller, 1010 Persian Lane, Sebastian, and Thomas
Wo3okowski, 475 Peterson Street, Sebastian, spoke on
item (14)(A) regarding lease of the Golf Course.
Edra Young, 1151Clearmont Street, Sebastian,
spoke on the police facility site.
Ann Dewhurst,. 943 Schumann Drive, Sebastian,
spoke on the proposed Vickers Grove Sandmine Phase
III.
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Reuular City Council Meeting
May 9, 1990
Page Four
90.124
90.124
90.125
90.126
90.127
Ann Foster, 1026 Indian River Drive, Sebastian, spoke
on the North County Sewer System.
Mayor Conyers called recess at 8:18 p.m. and
reconvened the meeting at 8:30 p.m. Ail members of
Council were present.
Ken Roth, 402 SW Ash Street, Sebastian, spoke on the
item (14)(A) regarding lease of the Golf Course.
Ken Vickers, Chairman of the 4th of July Committee,
1672 Stonecrop Street, Sebastian, presented the
request for consent agenda items B & C.
CONSENT AGENDA
A. Approval of Minutes - 4/25/90 Regular Meeting
Request for Security Deposit and Fee Waiver for
Use of Community Center - Sebastian 4th of July
Committee - Benefit Dance 6/23/90 - 8 p.m. to 12
a.m. - A/B - Permittee DOB 1/19/54 (Application,
Letter from Vickers dated 4/30/90)
Request for Security Deposit and Fee Waiver for
Use of Yacht Club - Sebastian 4th of July
Committee - VIP Breakfast 7/4/90 - 6:30 a.m. to
12:00 p.m. (Application, Letters from Vickers
dated 4/27/90 & 4/30/90)
Request for Community Center - Sebastian River
Shrine Club - Pot Luck Supper - 9/12/90 - 5 p.m.
to 9 p.m. - A/B - Permittee John Zaricky DOB
1/7/22 - Security Paid (Application)
Request for Community Center - Burns Wedding -
9/1/90 - 6 p.m. to 10 p.m. - A/B - Permittee Ava
Burns - 11/29/64 - Security Paid (Application)
Bid Award - Golf Course - Orthene Insecticide -
600 lbs. - Terra International, Inc. - $4,950.00
(Staff Recommendation dated 5/1/90, Bid
Tabulation Form)
B~d Awa~ - 6eme~e~M - Wm~e 4 - Sea - Bammemmam
Bamdseap~mg7 ~me~ - 8~@7R69 ~S~af~ Reeemmem~a~em
~aee~ ~997 Mem~ f~em ~ee~m ~y E~§~ee~
4
Regular City Council Meeting
May 9, 1990
Page Five
98=~29 H=
89.003 I.
90.130
~a~ Wa~e~ ~e? - 88~788 ~S~a~ Reeemme~da~e~
~a~ed 6/3/987 Meme f~em ~e~m ~y E~g~ee~
Schedule 5/16/90 Special City Council Meeting for
the Purpose of Presentation of Williams, Hatfield
& Stoner Revised Scope of Services/Airport
Community Compatibility/Master Plan Study -
5/16/90 @ 7:00 P.M.
Mayor Conyers read the consent agenda with the
exception of items G & H which had been removed from
the agenda by motion.
MOTION by Oberbeck/McCollum
I move we approve the consent agenda.
ROLL CALL:
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
MOTION CARRIED 5-0.
10. PRESENTATIONS
None.
11. COMMITTEE REPORTS/RECOMMENDATIONS
PLANNING & ZONING COMMISSION
Recommendation - Reappointment of Stanley
Krulikowski - T~ree Year Term - 5/90 to 5/93
(P & Z Recommendation dated 5/3/90, Memo from
P & Z dated 4/27/90, Letter from Krulikowski
dated 4/9/90)
MOTION by McCollum/Oberbeck
I move that Krulikowski be appointed for three
years May 1990 through May 1993.
Discussion took place on the procedures for
appointment of board chairmen.
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Regular City Council Meeting
May 9, 1990
Page Six
88.084
90.131
The City Attorney quoted Section 20A-11.3 (a) which
states that Planning and Zoning appoints its own
chairman, although, he said does not indicate
duration of term.
VOICE VOTE on the motion carried 5-0.
12. OLD BUSINESS
RESOLUTION NO. R-90-18 - Revised Main Street
Realignment Agreement (City Manager
Recommendation dated 5/3/90, R-90-11 w/ Attached
Agreement & Legal Description, Property Appraisal
Letter dated 4/11/85)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT
FOR EXCHANGE OF REAL PROPERTY WITH CARL JULIAN,
INDIVIDUALLY AND AS TRUSTEE, ROGER M. SKILLMAN AND
WAUNETA B. SKILLMAN, PERTAINING TO THE EXCHANGE OF
CERTAIN PARCELS OF REAL PROPERTY LOCATED IN THE CITY
OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, FOR
MUNICIPAL PURPOSES OF DIRECT BENEFIT TO THE CITIZENS
OF THE CITY AND SUCH OTHER DOCUMENTS, DEEDS, PLATS
AND CLOSING STATEMENTS NECESSARY TO EFFECTUATE AND
CONSUMMATE THE AGREEMENT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Manager presented a plat of the subject area
and explained the agreement.
The City Attorney read Resolution No. R-90-18 by
title only.
MOTION by Powell/Rondeau
I move we adopt Resolution No. R-90-18.
ROLL CALL:
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
MOTION CARRIED 5-0.
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Regular City Council Meeting
May 9, 1990
Page Seven
90.058 B.
88.084
90.132
13.
Recommendations on Restrictions Re: Accessory
Buildings (Staff Recommendation dated 5/3/90,
Memo from Director of Community Development dated
5/3/90, Memo from P & Z Secretary dated 3/23/90
w/ Attachment)
The Director of Community Development presented
staff's recommendation on accessory buildings as
stated in his memo to Council dated May 3, 1990.
MOTION by Oberbeck/Powell
I move we accept staff's recommendation.
The City Manager suggested that the motion read
"move to direct the City Attorney to prepare an
ordinance for your consideration in line with the
staff recommendation" Vice Mayor Oberbeck and
Councilman Powell concurred.
ROLL CALL:
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
MOTION CARRIED 5-0.
NEW BUSINESS
Award Bid for Clearing Main Street Right-of-Way -
Dennis L. Smith, Inc. - $8,500 (Staff
Recommendation dated 5/3/90, Memo from Interim
City Engineer dated 5/2/90, Bid Tabulation Form)
The City Manager said of the requested $8500, $4600
is for clearing, grubbing and hauling and the
remaining $3900 is for burning, however, if burning
is done by the city the amount may be lower.
Vice Mayor Oberbeck suggested the City Manager
approach the Fire Department to do the burning.
MOTION by Oberbeck/Powell
I move we award the bid for clearing of the Main
Street right-of-way as per staff recommendation.
7
Regular City Council Meeting
May 9, 1990
Page Eight
88.193
90.133
90.134
14.
ROLL CALL:
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
MOTION CARRIED 5-0.
Police Facility - Architectural Consultant
Selection (City Manager Recommendation dated
5/4/90, Memo from Chief of Police dated 5/3/90,
Statement of Qualifications 9f Architects Design
Group)
The Chief of Police, chairman of the selection
committee, presented the committee's recommendation
to begin negotiations with Architects Design Group.
The City Manager said if Council concurs, staff will
begin negotiations as required by FS Chapter 287 and
bring back a contract to Council for approval.
Following a brief discussion, motion was made as
follows:
MOTION by McCollum/Rondeau
I move we concur with the recommendation of the
selection committee for the police station facility.
ROLL CALL:
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman POwell - aye
Councilman Rondeau - aye
MOTION CARRIED 5-0.
William Hegert and Douglas Storer of Architects
Design Group introduced themselves to Council.
MAYOR'S MATTERS
Discussion - Possibility of Golf Course Lease -
United States Golf Services ~ Development
(previously distributed)
Mayor Conyers explained he was not promoting a golf
course management lease, merely presenting it to
Council for comment.
8
Regular City Council Meeting
May 9, 1990
Page Nine
Each Councilmember in turn expressed objection to a
golf course management lease and discussion was
concluded.
Ken Roth congratulated Council for their decision.
Other Matters
Mayor Conyers commended the Police Department and
Fire Departments for their handling of several
incidents in the city in the past few days.
15. COUNCIL MATTERS
A. Vice Mayor Oberbeck
90.135
Vice Mayor Oberbeck requested Council concurrence in
sending a letter to the County Commission to request
the removal of the Indian River County Utilities
Director for his refusal to appear before the City
Council and the citizens of Sebastian to answer
questions regarding the North County sewer pro3ect.
MOTION by Oberbeck/Powell
I move we direct staff to direct a letter to each
County Commissioner by certified mail to ask for the
removal of Mr. Terry Pinto based on the fact that he
is refusing to address the problems of the North
County sewer with the local residents.
Attorney Nash advised that the letter, instead of
asking for termination of Mr. Pinto, only express
dissatisfaction and state reasons.
Vice Mayor Oberbeck and Councilman Powell concurred
with the City Attorney's recommendation and the
motion was changed in accordance with that
recommendation, however, Vice Mayor Oberbeck urged
the general public to send letters to the County
Commission.
Vice Mayor Oberbeck rephrased his motion "to go along
with the recommendation of the City Attorney".
Councilman Powell seconded.
The City Manager said he would send the letters along
with his letter to Mr. Pinto and his memo to City
Council that he had copied to Council this day.
Mayor Conyers instructed the City Manager to
reiterate that Council wants a briefing on the sewer
pro3ect.
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Regular City Council Meeting
May 9, 1990
Page Ten
90.136
90.137
ROLL CALL:
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
MOTION CARRIED 5-0.
D. Councilman Rondeau
Councilman Rondeau said the new library will be
renamed the North County Library instead of Sebastian
Area County Library. Council concurred to send a
letter over the Mayor's signature to the Indian River
County Commission to leave the name as is.
Councilman Rondeau placed this item on the May 23,
1990 agenda for an update.
At this time, Vice Mayor Oberbeck said he had a few
more items to discuss. He questioned the Golf Course
restaurant lease and the Assistant City Manager gave
him an update; questioned the Chief of Police
regarding the length of time for notice if he was
offered the position in Port St. Lucie to which the
Chief responded thirty days; questioned whether
the restroom facility had been through site plan
approval to which the Director of Community
Development responded he believed this was only a
minor modification but that he would check on it; and
requested that location descriptions other than metes
and bounds be used to describe properties when
addressing certain agenda items before the public.
B. Councilman McCollum
Discussion took place on a request from the Pilot
Club to relocate its sign to the northwest corner of
Riverview Park.
The City Manager said there would be a staff report
at the meeting of May 23, 1990, regarding signs.
Vice Mayor Oberbeck questioned whether there was a
conflict at Riverview Park on May 12, 1990 regarding
use by the Just Say No to Drugs walk and the Art
Club. He requested that the agreement with the Art
Club be checked into.
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Regular City Council Meeting
May 9, 1990
Page Eleven
C. Councilman Powell
Councilman Powell urged citizen participation in the
Just Say No walk on May 12 and the meeting on the
North County High School on May 14; he commended
the Police Department and Fire Department; and
discussed the possibility of a Countywide Fire
Department which will eventually eliminate
volunteers.
16. CITY ATTORNEY MATTERS
None.
17. CITY MANAGER MATTERS
18.
Although the City Manager asked whether Council would
like to set a dollar figure for the police facility,
no figure was established.
Being no more business, Mayor Conyers adjourned the
meeting at 10:05 p.m.
Approved at the ~~ ~
W.E. Cony~, Mayor
/
Kat~r~n~~M. ~ ~ Ha~l~ra~~rk
, 1990 ~ Council M~eting.
11