HomeMy WebLinkAbout05131992 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, MAY 13, 1992 - ?: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
INVOCATION - Reverend Ed Eb¥ - First Church of the
Nazarene, Sebastian
4. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
92.043
92.043
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.
A. ORDINANCE NO. 0-92-06 - Rhodes Annexation
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. (lst Reading 3/25/92,
Advertised Legal Notices 4/29/92 and 5/6/92, Public
Hearing and Adoption 5/13/92)
ORDINANCE NO. 0-92-07 - Rhodes Comprehensive Land
Use Plan Amendment
1ST PUBLIC HEARING AND TRANSMITTAL TO DEPARTMENT OF
COMMUNITY AFFAIRS - PURSUANT TO F.S. 163.3184
(15)(b)1. "..THE iNTENTION TO HOLD AND ADVERTISE A
SECOND PUBLIC HEARING SHALL BE ANNOUNCED AT THE FIRST
PUBLIC HEARING."
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. (lst Reading 3/25/92,
Advertised Legal Notices 4/29/92 and 5/6/92, Public
Hearing and Adoption 5/13/92)
PUBLIC INPUT ON AGENDA ITEMS
2
92. 153
92.154
92.155
92.156
92.157
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 - 4/22/92 Regular Meeting,
5/6/92 Workshop
RESOLUTION NO. R-92-27 - Amending Resolution No.
R-92-12 - Vacation of Easement - Scrivener's
Error in Body (City Clerk Recommendation dated
5/6/92, R-92-27)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
RESOLUTION NO. R-92-12, FOR THE PURPOSE OF CORRECTING
A SCRIVENER'S ERROR CONTAINED IN SECTION I OF R-92-
12, PERTAINING TO THE LEGAL DESCRIPTION; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-92-28 - Vacation of Easement -
Repealing R-92-13 - Scrivener's Error in Title
(City Clerk Recommendation dated 5/6/92, R-92-28)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE EAST 6 FEET OF LOT
1, AND THE WEST 6 FEET OF LOT 2, BLOCK 139, UNIT 3,
SEBASTIAN HIGHLANDS ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 5-99, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH,
INCLUDING RESOLUTION NO. R-92-13; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
Approve 1992/93 Fiscal Year Budget Calendar
(Staff Recommendation dated 5/7/92, Calendar)
Bid Award - Finance Department Furniture -
Sebastian Business Supply, inc. - $3,617.64
(Staff Recommendation dated 5/5/92, Bid
Tabulation)
Bid Award - Sebastian Municipal Golf Course Tee
Time & Point of Sale Hardware & Software -
S28,000 (Staff Recommendation dated 5/5/92, Bid
Tabulation)
3
92.158
92.159
92.160
92.161
92.162
92.139
10.
11.
12.
13.
14.
Robert Privitera - Request to Remove Specimen
Tree - One Pine - Lot 31, Block 506, Unit 14,
Sebastian Highlands (Staff Recommendation dated
4/29/92, Application, Survey)
Ameron Homes - Request to Remove Specimen Tree -
One Pine - Lot 14, Block 337, Unit 13, Sebastian
Highlands (Staff Recommendation dated 5/5/92,
Application)
Early Settlers of Lower Indian River County -
Request for Use of Riverview Park - 5/23/92 -
Approve Use with Standard Condition - Deny
Request for City Personnel and Equipment (Staff
Recommendation dated 5/6/92, Kroegel Letter)
Sa
Request Use of Community Center - Faulk Wedding
Reception - 9/26/92 - 2 p.m. to 6 p.m. - A/B DOB
1/10/39 - Security Paid (Application)
PRESENTATIONS
MAYOR AND CITY COUNCIL MATTERS
A. Mayor Lonnie R. Powell
B. Mr. Frank Oberbeck
C. Mrs. Carolyn Corum
D. Dr. Peter R. Holyk
E. Mr. George G. Reid
Discuss Teens Against Boredom (TAB) Use of
City Building (TAB Profile)
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
A. BOARD OF ADJUSTMENT
Appointment to Regular Member Position
Vacated by Mary Heinicke - Recommendation to
Appoint Fred Buechling as Regular Member for
Three Year Term to Expire 4/10/95 (Staff
Recommendation dated 5/7/92, Four
Applications)
4
92.163
92.164
92.165
92.166
92.021
92.167
Appointment to Regular Member Position
Vacated by Walter Shields - Recommendation to
Appoint John Price as Regular Member for
Three Year Term to Expire 5/21/95 (Staff
Recommendation dated 5/7/92, Four
Applications)
3. Appointment to Two Alternate Member Positions
Recommendation to Appoint Cranford Sproul
to Fill Unexpired Term Vacated by Fred
Buechling to Expire 3/11/95 (Same
Recommendation and Applications, City
Clerk Memo dated 5/7/92, Two Additional
Applications)
· Recommendation to Appoint Donald Elsessor
to Fill Unexpired Term Vacated by John
Price to Expire 3/11/95 (Same
Recommendation and Applications, City
Clerk Memo dated 5/7/92, Two Additional
Applications)
B. PLANNING AND ZONING COMMISSION
Butch Appeal to Approval of Site Plan for
United Church of Christ (Staff Recommendation
dated 5/1/92, Butch Letter dated 3/3/92,
Roseland Acre Subdivision Plat, United Church
of Christ Site Plan)
15. OLD BUSINESS
CR 512 Connector - Road Alignment (Staff
Recommendation dated 5/7/92, City Engineer Memo
dated 5/7/92, Drawings [New and Original])
Review Request from Rene Van de Voorde to Locate
Laura Jackson House on City Property (Staff
Recommendation dated 5/7/92, Van de Voorde
Letters dated 2/5/92 and 5/4/92, R-88-18)
5
92.038
92.168
16. NEW BUSINESS
17.
ORDINANCE NO. 0-92-10 - Vacation of Alley - Block
5 - Ocean Breeze Heights Subdivision - Kennedy
(Staff Recommendation dated 5/1/92, O-92-10,
Survey Copy [Original Survey On File - Available
for Review])
Reading, Set Public Hearing for 6/10/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING A CERTAIN ALLEY LOCATED
WEST OF THE EXISTING SEBASTIAN COMMUNITY CENTER
ADJACENT TO THE llTH STREET RIGHT-OF-WAY; PROVIDING
FOR THE PRESERVATION OF CURRENTLY EXISTING PUBLIC
UTILITY EASEMENTS; PROVIDING FOR RECORDING; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Bid Award - Finance Area Renovation - Capp Custom
Builders, Inc. of Sebastian - $43,723 (Staff
Recommendation dated 5/4/92, Bid Tabulations)
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)
92.169 A.
Ron Harsh - Chairman - Community Bandstand
Committee - Request Permission to Proceed with
Project to Fund Bandstand on Park Property (Harsh
Letter dated 5/7/92)
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.)
6
5/13/92 PUBLIC HEARING SIGNUP SHEET
92.043
ORDINANCE NO. 0-92-07 - Rhodes Comprehensive Land
Use Plan Amendment
1ST PUBLIC HEARING AND TRANSMITTAL TO DEPARTMENT OF
COMMUNITY AFFAIRS - PURSUANT TO F.S. 163.3184
(15)(b)1. "..THE INTENTION TO HOLD AND ADVERTISE A
SECOND PUBLIC HEARING SHALL BE ANNOUNCED AT THE FIRST
PUBLIC HEARING."
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. (1st Reading 3/25/92, Advertised 1/4 page
5/5/92, Public Hearing and Adoption for transmittal 5/13/92)
ADDRESS: i e,l 3-7-
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2
5/13/92 PUBLIC HEARING SIGNUP SHEET
92.043
A. ORDINANCE NO. 0-92-06 - Rhodes Annexation
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. (lst Reading
3/25/92, Advertised Legal Notices 4/29/92 and 5/6/92, Public
Hearing and Adoption 5/13/92)
ADDRESS:
FOR:
AGAINST:
INFORMATION:
NAME:
ADDRESS:
FOR:
AGAINST:
INFORMATION:
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ADDRESS:
FOR:
AGAINST:
INFORMATION:
MAY 13, 1992 REGULAR CITY COUNCIL MEETING
PUBLIC INPUT ON AGENDA ITEMS
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MAY 13, 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.
The Pledge of Allegiance was recited.
Invocation was given by Reverend Ed Eby, Fimst Church
of the Nazarene, Sebastian.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor 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
Finance Director, Mike Hudkins
Golf Course Manager, Jim DeLarme
Deputy City Clerk, Sally Maio
Administrative Secretary, Joanne
Sandberg
Regular City Council Meeting
May 13, 1992
Page Two
92.043
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).
In accordance with City Manager recommendation,
Council concurred to move agenda item 92.169, Ron
Harsh - Community Bandstand - to Presentations.
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.
A. ORDINANCE NO. 0-92-06 - Rhodes Annexation
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. (lst Reading 3/25/92,
Advertised Legal Notices 4/29/92 and 5/6/92, Public
Hearing and Adoption 5/13/92)
2
Regular City Council Meeting
May 13, 1992
Page Three
Mayor Powell opened the public hearing at 7:08 p.m.
The City Attorney read Ordinance No. 0-92-06 by title
only.
Fred Buechling, 1786 Laconia Street, Sebastian,
ob3ected to development prior to obtaining Laconia
St. right-of-way.
Mayor Powell closed the public hearing at 7:11 p.m.
The Director of Community Development responded that
the developer, during subdivision plat, will have to
provide right-of-way.
MOTION by Oberbeck/Holyk
I would move to adopt Ordinance NO. 0-92-06
Rhodes annexation.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 5-0.
92.043
ORDINANCE NO. 0-92-07 - Rhodes Comprehensive Land
Use Plan Amendment
1ST PUBLIC HEARING AND TRANSMITTAL TO DEPARTMENT OF
COMMUNITY AFFAIRS - PURSUANT TO F.S. 163.3184
(15)(b)1. "..THE INTENTION TO HOLD AND ADVERTISE A
SECOND PUBLIC HEARING SHALL BE ANNOUNCED AT THE FIRST
PUBLIC HEARING."
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. (lst Reading 3/25/92,
Advertised 1/4 page 5/5/92, 1st Public Hearing for
transmittal DCA 5/13/92)
3
Regular City Council Meeting
May 13, 1992
Page Four
Mayor Powell opened the public hearing at 7:14 p.m.
The City Attorney read Ordinance No. 0-92-07 by title
only.
Charles Stachel, 1698 Coral Reef Street, requested
approval be contingent on adoption of the proposed
tree protection ordinance.
Mayor Powell closed the public hearing at 7:18 p.m.
MOTION by Oberbeck/Holyk
I would move to adopt Ordinance No. 0-92-07 the
Rhodes Comprehensive Land Use Plan amendment with the
additions as read by you. (Refers to Mayor Powell's
prior announcement that a correction has been made to
the notation relative to dates of 1st reading,
advertisement, and public hearing for transmittal to
DCA following title and statement that the City
intends to hold and advertise a second public
hearing)
ROLL CALL:
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 5-0.
8. PUBLIC INPUT ON AGENDA iTEMS
Ail persons listed requested to speak during
the item discussion.
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 - 4/22/92 Regular Meeting,
5/6/92 Workshop
4
Regular City Council Meeting
May 13, 1992
Page Five
92.153 B.
92.154
92.155
92.156
92.157
92.158
RESOLUTION NO. R-92-27 - Amending Resolution No.
R-92-12 - Vacation of Easement - Scrivener's
Error in Body (City Clerk Recommendation dated
5/6/92, R-92-27)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
RESOLUTION NO. R-92-12, FOR THE PURPOSE OF CORRECTING
A SCRIVENER'S ERROR CONTAINED IN SECTION I OF R-92-
12, PERTAINING TO THE LEGAL DESCRIPTION; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-92-28 - Vacation of Easement -
Repealing R-92-13 - Scrivener's Error in Title
(City Clerk Recommendation dated 5/6/92, R-92-28)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE EAST 6 FEET OF LOT
1, AND THE WEST 6 FEET OF LOT 2, BLOCK 139, UNIT 3,
SEBASTIAN HIGHLANDS ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 5-99, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH,
INCLUDING RESOLUTION NO. R-92-13; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
Approve 1992/93 Fiscal Year Budget Calendar
(Staff Recommendation dated 5/7/92, Calendar)
Bid Award - Finance Department Furniture -
Sebastian Business Supply, inc. - $3,617.64
(Staff Recommendation dated 5/5/92, Bid
Tabulation)
Bid Award - Sebastian Municipal Golf Course Tee
Time & Point of Sale Hardware & Software -
$28,000 (Staff Recommendation dated 5/5/92, Bid
Tabulation)
Robert Privitera - Request to Remove Specimen
Tree - One Pine - Lot 31, Block 506, Unit 14,
Sebastian Highlands (Staff Recommendation dated
4/29/92, Application, Survey)
Regular City Council Meeting
May 13, 1992
Page Six
92.159 H.
Ameron Homes - Request to Remove Specimen Tree -
One Pine - Lot 14, Block 337, Unit 13, Sebastian
Highlands (Staff Recommendation dated 5/5/92,
Application)
92.160 I.
Early Settlers of Lower Indian River County -
Request for Use of Riverview Park - 5/23/92 -
Approve Use with Standard Condition - Deny
Request for Ci%¥ Personnel and Equipment (Staff
Recommendation dated 5/6/92, Kroegel Letter)
92.161 J.
Request Use of Community Center - Faulk Wedding
Reception - 9/26/92 - 2 p.m. to 6 p.m. - A/B DOB
1/10/39 - Security Paid (Application)
The City Manager read the consent agenda in its
entirety, including titles of Resolution Nos. R-92-12
and R-92-13.
Mr. Reid removed item G; Mr. Oberbeck removed items
D, G, H and I; Mrs. Corum removed items A, G and I.
MOTION by Oberbeck/Holyk
I move to approve items B, C, E, F and J of
consent agenda.
ROLL CALL:
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 5-0.
Item A
Mrs. Corum noted, regarding her matters in the May 6,
1992 minutes, that her intention was to establish a
complete recycling program for the city.
MOTION by Corum/Holyk
I move that we approve it with the correction.
VOICE VOTE on the motion carried 5-0.
6
Regular City Council Meeting
May 13, 1992
Page Seven
Item D
George Metcalf, 425 Pine Street, Sebastian,
questioned budget calendar wording.
MOTION by Oberbeck/Reid
I would move to approve item D of the consent
agenda.
VOICE VOTE on the motion carried 5-0.
Item G
A lengthy discussion ensued relative to specimen
tree removal, in particular, whether applications
exhibit all specimen trees on the sub3ect lot and
whether compromises can be reached to save trees.
MOTION by Oberbeck/Holyk
I would make a motion to approve it based on
staff going out and researching this property and
verifying that the condition as shown on the survey
is the only condition that exists and if in fact
there's any way to work with the property owner or
developer to protect this tree, staff should go ahead
and make this effort.
Further discussion followed.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum nay
Dr. Holyk aye
MOTION CARRIED 4-1 (Corum - nay).
7
Regular City Council Meeting
May 13, 1992
Page Eight
Item H
MOTION by Oberbeck/Reid
Based on the discussion that took place on item
G, I would now move to approve item H of the consent
agenda.
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
MOTION CARRIED 5-0.
Item I
Wayne Kroegel, on behalf of the Early Settlers of
Lower Indian River County, requested use of city
equipment and staff time for setup for a picnic at
Riverview Park.
TAPE I - SIDE II
Following discussion on the request, motion was made.
MOTION by Oberbeck/Corum
I would move that we go ahead and allow them the
use of the equipment and the p.a. system and that Mr.
Wayne Kroegel be responsible for picking it up and
maintaining the condition of it and returning it to
wherever he gets it from.
Further discussion took place on whether this use
would set a precedent, whether a rental fee can be
established for use of city equipment and whether
community benefit can be derived from the use.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum nay
Dr. Holyk nay
Mr. Reid nay
Mayor Powell nay
MOTION FAILED 1-4 (Nay - Corum, Holyk, Reid, Powell)
Regular City Council Meeting
May 13, 1992
Page Nine
92.169
MOTION by Oberbeck/Holyk
I would move that we authorize the use of
Riverview Park for the Early Settlers' picnic on
5/23/92 with standard conditions.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 5-0.
Mayor Powell called recess at 8:02 and reconvened the
meeting at 8:14 p.m. All members were present.
10. PRESENTATIONS
Ron Harsh L Chairman_- Community Bandstand
Committee - Request Permission to Proceed with
Project to Fund Bandstand on Park Property (Harsh
Letter dated 5/7/92)
Ron Harsh, 550 Bayharbor Terrace, Sebastian,
presented a proposal to place a gazebo, built and
maintained through community donation and
participation, and proposed that the property be
combined with Riverview Park by creating a cul-de-
sac on Fellsmere Road.
Discussion followed on uses for the property.
Charles Stachel, 1698 Coral Reef Street, recommended
the park be used in harmony for varied uses.
Discussion followed on establishing a master plan for
the park property. Staff was directed to review the
proposal and report back to Council.
TAPE II - SIDE I
Regular City Council Meeting
May 13, 1992
Page Ten
92.162
11. MAYOR AND CITY COUNCIL MATTERS
A. Mayor Lonnie R. Powell
Mayor Powell recommended the junior golf program be
expanded if necessary; inquired as to growth of grass
on newly paved roads; and asked who residents may
contact regarding GDU water.
The City Attorney advised that residents may contact
DER and HRS.
B. Mr. Frank Oberbeck
Mr. 0berbeck advised that citizens with concerns
should contact staff prior to making statements
without proper facts.
C. Mrs. CarOlyn Corum
Mrs. Corum requested that the community map be
printed on recycled paper; and defined mitigation of
endangered species for the public's benefit.
D. Dr. Peter R. Holyk
Dr. Holyk urged that Council be careful not to engage
in dialogue after the floor has been relinquished;
urged citizens to obtain proper facts prior to
criticizinG 9overnment; and reiterated praise for
public works employees Philip Patnode and Brian
Greziak.
E. Mr. GeorGe G. Reid
In response to Mr. Reid, the City ManaGer stated that
the Riverview Park flow well drip can be lowered.
Discuss Teens AGainst Boredom (TAB) Use of
City Building (TAB Profile)
Mr. Reid said that, in his opinion and based on
information provided to Council at this meetinG,
Council should object to the use of the teen center
by the Macedonia Baptist Church and consider
establishinG a policy regardinG use of city
facilities by religious organizations.
10
Regular City Council Meeting
May 13, 1992
Page Eleven
MOTION by Reid/Holyk
I'm going to move that the Council reject the
application of the Macedonia Baptist Church to use
the teen center * which was the item we failed to
take action on at the last meeting.
* (During restatement of the motion, "for religious
services" was added by Mr. Reid.)
Further discussion took place on whether use by the
church for services falls into the scope of the
original approval for the teens to use the building,
whether Council action should be directed toward the
teens rather than the church group, and whether a
lease agreement for the facility needs to be
established.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 5-0.
Staff was directed to come back to a workshop with a
policy statement regarding use of city facilities by
religious organizations and review the possibility of
a lease for the teen center.
TAPE II - SIDE II
12. CITY ATTORNEY MATTERS
None.
13. CITY MANAGER MATTERS
The City Manager said he had received a request from
U.S. Department of Interior Fish and Wildlife to use
the council chambers for monthly meetings for a
period of six to twelve months.
11
Regular City Council Meeting
May 13, 1992
Page Twelve
92.139
14.
MOTION by Oberbeck/Reid
I would move that we deny the request as
submitted to this premise and authorize the use of
the Yacht Club on a no fee basis.
Mr. Oberbeck noted that the fee waiver included
waiver of security deposit.
ROLL CALL:
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 5-0.
Mr. Oberbeck excused 9:46 p.m. to 9:48 p.m.
COMMITTEE REPORTS/RECOMMENDATIONS
A. BOARD OF ADJUSTMENT
Appointment to Regular Member Position
Vacated by Mary Heinicke - Recommendation to
Appoint Fred Buechling as Regular Member for
Three Year Term to Expire 4/10/95 (Staff
Recommendation dated 5/7/92, Four
Applications)
Discussion followed relative to a need for more
information on the application.
MOTION by Oberbeck/Reid
I would move to appoint Fred Buechling as regular
member of Board of Adjustment for a three year term.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
12
Regular City Council Meeting
May 13, 1992
Page Thirteen
92.163 2.
92.164
Appointment to Regular Member Position
Vacated by Walter Shields - Recommendation
Appoint John Price as Regular Member for
Three Year Term to Expire 5/21/95 (Staff
Recommendation dated 5/7/92, Four
Applications)
MOTION by Holyk/Oberbeck
I move that we appoint to the regular member
position vacated by Walter Shields, Mr. John Price as
a regular member for a three year term to
expire 5/21/95.
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
MOTION CARRIED 5-0.
3. Appointment to Two Alternate Member Positions
Recommendation to Appoint Cranford Sproul
to Fill Unexpired Term Vacated by Fred
Buechling to Expire 3/11/95 (Same
Recommendation and Applications, City
Clerk Memo dated 5/7/92, Two Additional
Applications)
MOTION by Holyk/Oberbeck
I move to appoint Cranford Sproul to fill the
unexpired term vacated by Fred Buechling to expire
3/11/95.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 5-0.
13
Regular City Council Meeting
May 13, 1992
Page Fourteen
92.165 b.
92.166
Recommendation to Appoint Donald Elsessor
to Fill Unexpired Term Vacated by John
Price to Expire 3/11/95 (Same
Recommendation and Applications, City
Clerk Memo dated 5/7/92, Two Additional
Applications)
MOTION by Holyk/Oberbeck
I would move to appoint Donald Elsessor to fill
the unexpired term vacated by John Price to Expire
3/11/95.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 5-0.
B. PLANNING AND ZONING COMMISSION
Butch Appeal to Approval of Site Plan for
United Church of Christ (Staff Recommendation
dated 5/1/92, Burch Letter dated 3/3/92,
Roseland Acre Subdivision Plat, United Church
of Christ Site Plan)
The City Attorney advised City Council that it was
acting in a 3udicial capacity in this matter,
explained procedures and swore in James Butch.
Mr. Butch presented his appeal to Planning and Zoning
approval of site plan for United Church of Christ and
waived his right to have a court reporter present.
The Director of Community Development was sworn in
and stated that site plan and conditional use were
approved in accordance with the Land Development
Code and met proper notice requirements.
The City Attorney advised that City Council can
amend or affirm Planning and Zoning Commission's
action and if affirmed, Mr. Burch can file an appeal
with the circuit court within thirty days.
Following a brief discussion, J.W. Thompson was sworn
in and gave testimony relative to Planning and Zoning
Commission's findings.
14
Regular City Council Meeting
May 13, 1992
Page Fifteen
TAPE III - SIDE I
MOTION by Holyk/Oberbeck
I would move that based on the evidence presented
this evening that the Council find that 1) proper
notice was given to the appealer, Mr. Butch; 2) that
the conditional use plans comply with the Land
Development Code of the City of Sebastian; and 3)
that the actions of the Planning and Zoning Board
were in accordance with the dictates of the Land
Development Code.
ROLL CALL:
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 5-0.
MOTION by Holyk/Oberbeck
I move that we affirm the decision of the
Planning and Zoning Board.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum nay
Dr. Holyk aye
MOTION CARRIED 4-1 (Corum - nay)
MOTION by Holyk/Oberbeck
I would make a motion that we adjourn for five
minutes and then resume for a period not to exceed
twenty minutes.
VOICE VOTE on the motion carried 5-0.
Mayor Powell called recess from 10:30 p.m. to 10:35
p.m. All members were present.
Council concurred to move New Business item B up to
this point on the agenda.
15
Regular City Council Meeting
May 13, 1992
Page Sixteen
92.168 B.
Bid Award - Finance Area Renovation - Capp Custom
Builders, Inc. of Sebastian - $43,723 (Staff
Recommendation dated 5/4/92, Bid Tabulations)
MOTION by Oberbeck/Reid
I would make a motion that we go ahead and
approve the bid award for the renovations to the
Finance area in city hall.
Discussion ensued relative to the addition of police
facility cabinets. (see explanation memo attached)
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
MOTION CARRIED 5-0.
15. OLD BUSINESS
92.021
CR 512 Connector - Road Alignment (Staff
Recommendation dated 5/7/92, Cit~ Engineer Memo
dated 5/7/92, Drawings [New and Original])
Jim Davis, Indian River County Public Works Director,
presented a modified plan for CR 512 connector road
alignment as presented to Council in its packet.
(new alternative IIi using existing Louisiana
Avenue)
The City Manager recommended the original alternative
III using High Street as the north-south connector
with the cul-de-sac of Louisiana and addition of the
extension of Veterans Memorial Way to the westbound
leg of CR 512.
TAPE III - SIDE II
MOTION by Oberbeck/Reid
I would move that we approve the original plan as
submitted by Kimball-Lloyd for the CR 512 connector
roads.
Mr. Oberbeck included in his motion the modification
recommended by the City Manager to extend Veteran's
Memorial Way.
16
Regular City Council Meeting
May 13, 1992
Page Seventeen
ROLL CALL:
Mr. Oberbeck
Mrs. Corum
Dr. Holyk
Mr. Reid
Mayor Powell
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
MOTION by Oberbeck
I would move in the interest of time that we
continue the meeting and clean up these two items as
expeditiously as possible.
Council consented unanimously to the extension,
although not by voice vote.
92.167
Review Request from Rene Van de Voorde to Locate
Laura Jackson House on City Property (Staff
Recommendation dated 5/7/92, Van de Voorde
Letters dated 2/5/92 and 5/4/92, R-88-18)
Rene Van de Voorde, presented a request to place the
Laura Jackson House on the old police station site.
The City Attorney advised that legal aspects of this
use will need to be addressed.
The City Manager recommended against this site and
instead recommended use of the Schumann site approved
by prior council under a special use permit or the
Cavcorp property.
Arlene Westphal, Sebastian River Area Historical
Society, addressed Council and a lengthy discussion
ensued.
TAPE IV - SIDE
Following further discussion motion was made.
MOTION by Oberbeck/Corum
I would move that consideration be given to
locating this the house on the southwest corner of
Indian River Drive and Main Street.
ROLL CALL: Mrs. Corum nay
Dr. Molyk aye
Mr. Reid nay
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 3-2 (Corum, Reid - nay)
17
Regular City Council Meeting
May 13, 1992
Page Eighteen
16. NEW BUSINESS
92.038 A.
17.
18.
ORDINANCE NO. O-92-10 - Vacation of Alley - Block
5 - Ocean Breeze Heights Subdivision - Kennedy
(Staff Recommendation dated 5/1/92, 0192-10,
Survey Copy [Original Survey On File - Available
for Review])
Reading, Set Public Hearing for 6/10/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING A CERTAIN ALLEY LOCATED
WEST OF THE EXISTING SEBASTIAN COMMUNITY CENTER
ADJACENT TO THE llTH STREET RIGHT-OF-WAY; PROVIDING
FOR THE PRESERVATION OF CURRENTLY EXISTING PUBLIC
UTILITY EASEMENTS; PROVIDING FOR RECORDING; 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. 0-92-10 by title
only.
MOTION by Holyk/Oberbeck
I would move that we accept the first reading of
Ordinance No. O-92-10 and set the public hearing for
6/10/92.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
INTRODUCTION O_~F 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 adjourned the
meeting at 11:32 p.m.
18
Regular City Council Meeting
May 13, 1992
Page Nineteen
Approved at the ~/~ ~/ , 1992 Council Meeting.
~onn~e~.~Mayor
~athr~n-M. O'Halloran, City Clerk
19
City of Sebastian
POST OFFICE BOX 780127 c~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO,
THROUGH:
FROM:
REFERENCE,
May 12, 1992
Mayor and City Council
Robert S. McZlary/~
City Manager
Bruce Cooper
Director of Community Development
Clarification Regarding Finance Bid Procedure
There has been some questions concerning the procedure on the
Finance Renovation Bid which, this memorandum should clarify
the procedure and staff's recommendation.
In the past, renovations have been accomplished by either:
(1) Hiring individual subcontractors and the City acting as
the General Contractor. This method is acceptable and
requires a member of staff (usually myself) to cooridlnate,
and monitor the job.
(2) Hiring a general contractor or builing contractor to
Construct all of the renovations as a "Turn Key Job".
There has been some concerns expressed in the past regarding
the City acting as a general contractor. In order to
determine which method would be benefical to the City, staff
prepared two separate bids for the Finance Department
renovation. One bid was advertised for a General Contractor
to perform all tasks (Carpentry, Painting, Carpet, Ceiling
Tiles, Air Conditioning, etc.) and supply all materials
involved with the renovation of the Finance Department.
Staff also requested bids on individual subcontractors such
as painting, drywall, electrical, acoustical ceiling,
carpentry, carpet and cabinet work. Due to the minimal
expense on items such as plumbing, hardware, glass and air
conditioning ducts, bids were not requested.
While the bid for the finance renovation bid was being
prepared, it was determined that the new police facility
PAGE 2
needed a bid for cabinet work. In order to save costs, staff
incorporated the police cabinet work within the cabinet bid
of the subcontractor as an add alternate and included the
police cabinet work within the General Contractor as a deduct
alternate.
I hope this information will clarify any questions you may
have concerning this matter. Thank you.
BC/gk
frbp.doc