HomeMy WebLinkAbout07081992 City of Sebastian
POST OFFICE BOX 780127 tn SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JULY 8, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Carl Merola, Jr. - St.
Elizabeth Episcopal Church
4. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89~59).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
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
92.187
92.152
92.150
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
ORDINANCE NO. O-92-11 - Creative Playground
Open Hours - Sunrise to Sunset
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO PUBLIC PARKS AND
PUBLIC RECREATIONAL FACILITIES; AMENDING CHAPTER 18
OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
AMENDING SECTION 18-1 TO REDUCE THE HOURS THAT THE
CREATIVE PLAYGROUND PUBLIC RECREATIONAL FACILITY IS
OPEN FOR PUBLIC USE; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Discussion 5/27/92, 1st
Reading 6/17/92, Advertised Legal Notices 6/24/92,
Public Hearing 7/8/92)
ORDINANCE NO. 0-92-12 - Vacation of Drainage
R.O.W.
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING A CERTAIN DRAINAGE RIGHT-
OF-WAY LOCATED ON LOT 12, BLOCK 222, SEBASTIAN
HIGHLANDS UNIT 8, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 6, PAGE 9, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA, NEAR THE
INTERSECTION OF BISCAYNE LANE AND LANDSDOWNE DRIVE,
IN THE CENTRAL PART OF THE CITY; PROVIDING FOR
RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (Discussion 5/6/92, 1st Reading 6/17/92,
Advertised Legal Notices 6/24/92, Public Hearing
7/8/92)
ORDINANCE NO. O-92-13 - Vacation of a Portion of
North Central Avenue Right-of-Way
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING A PORTION OF THE CENTRAL
AVENUE RIGHT-OF-WAY LOCATED EAST OF U.S. HIGHWAY 1,
ALSO KNOWN AS STATE ROAD 5, WEST OF INDIAN RIVER
DRIVE AND NORTH OF MAIN STREET; PROVIDING FOR THE
PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY
EASEMENTS; PROVIDING CONDITIONS; PROVIDING FOR
RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (Discussion 2/5/92, 5/6/92, 1st Reading
6/17/92, Advertised Legal Notices 6/24/92, Public
Hearing 7/8/92)
2
92.181 D. ORDINANCE NO. 0-92-14 - Airport Manager
92.186
92.197
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN
MUNICIPAL AIRPORT; AMENDING CHAPTER 3.5 OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING
SECTION 3.5-4 (a) TO REMOVE THE REQUIREMENT THAT THE
AIRPORT MANAGER BE AN EXISTING FIXED BASED OPERATOR;
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Discussion 6/3/92, 1st Reading 6/17/92, Advertised
Legal Notices 6/24/92, Public Hearing 7/8/92)
ORDINANCE NO. 0-92-15 - Adopting Water and
Wastewater Utility Rates
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING WATER AND WASTEWATER
UTILITY RATES; ADOPTING A FEE iN LIEU OF FRANCHISE;
PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS'
FEES; AND PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 6/17/92, Advertised Legal Notices 6/24/92,
Public Hearing 7/8/92)
PUBLIC INPUT ON AGENDA ITEMS
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.
A. Approval of Minutes - 6/24/92 Regular Meeting
RESOLUTION NO. R-92-29 - Vacation of Easement -
Stevenson (Staff Recommendation dated 7/1/92, R-
92-29, City Engineer Memo, Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE WEST 2.5 FEET OF LOT 12, 13 AND 14,
THE EAST 2.5 FEET OF LOT 23 LESS AND EXCEPT THE NORTH
25.83 FEET OF THE WEST LOT LiNE OF LOT 12 AND .5 FEET
OF THE SOUTH PORTION OF THE NORTH 2.5 FEET OF LOTS 22
AND 23, BLOCK 2 EDGEWATER PARK SUBDIVISION ACCORDING
TO THE PLAT THEREOF, RECORDED IN PBI 1-23, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND
PROVIDING AN EFFECTIVE DATE.
3
92.198
92.199
92.200
92.201
92.202
92.203
10.
12.
13.
14.
C. Accept Deed of Easement to City from Paul
and Hazel Stevenson (See Staff Recommendation for
item B)
D. Receive Code Enforcement Orders - 92-6500
(Fischer), 92-6735 (Manfre), 92-6132 (Benham),
92-6345, 92-6348, 92-6418, 92-6436 (Sturm)
E. Request for Community Center - Party -
8/29/92 - 5 p.m. to 11 p.m. - A/B - Permitte DOB
2/27/28 - Security Paid (Application)
F. Bid Award - Lake Street Construction - Indian
River Contracting Corporation of Winter Beach -
$3,215 (Staff Recommendation dated 6/30/92, Bid
Tabulation)
G. Bid Award - Tagalong Equipment Trailer - Custom
Trailer, Inc. of Griffin, GA - $5,661 (Staff
Recommendation dated 6/30/92, Bid Tabulation)
PRESENTATIONS - None
MAYOR AND CITY COUNCIL MATTERS
A. Mrs. Carolyn Corum
B. Dr. Peter R. Holyk
C. Mr. George G. Reid
D. Mayor Lonnie R. Powell
E. Mr. Frank Oberbeck
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
A. PLANNING AND ZONING COMMISSION
1. Flagpole in Right-of-Way - 425 Ponoka Street
(P & Z Recommendation dated 6/29/92, P & Z
Memo dated 6/29/92, Muenckler Letter dated
6/4/92)
4
15. OLD BUSINESS
92.076
Bid Award - Community Center Flooring - Jerry
Smith Tile of Sebastian - $6,150 (Staff
Recommendation dated 6/30/92, City Engineer Memo
dated 6/25/92)
92.205
Publish Agendas (Sebastian Sun Letter dated
6/30/92)
16. NEW BUSINESS
92.204/
91.339
Street Improvement Program - Request Modification
(City Manager Recommendation dated 7/1/92, City
Engineer Memo dated 7/1/92)
92.101
Bid Award - Disposal of Contaminated Soil at
Central Garage - Resource Recovery, inc. -
$47,990 (Staff Recommendation dated 7/1/92, City
Engineer Memo dated 7/8/92)
17.
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)
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.)
5
92.187 A.
7/8/92 PUBLIC HEARING SIGNUP SHEET
~RDINANCE NO. O-92-11 - Creative Playground
Open Hours - Sunrise to Sunset
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO PUBLIC PARKS AND PUBLIC RECREATIONAL
FACILITIES; AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN; AMENDING SECTION 18-1 TO REDUCE THE HOURS THAT
THE CREATIVE PLAYGROUND PUBLIC RECREATIONAL FACILITY IS OPEN FOR
PUBLIC USE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE
CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE. (Discussion 5/27/92, 1st Reading 6/17/92,
Advertised Legal Notices 6/24/92, Public Hearing 7/8/92)
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92.152 B.
7/8/92 PUBLIC HEARING SIGNUP SHEET
ORDINANCE NO. O-92-12 - Vacation of Drainage
R.O.W.
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING A CERTAIN DRAINAGE RIGHT-OF-WAY LOCATED ON LOT
12, BLOCK 222, SEBASTIAN HIGHLANDS UNIT 8, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 9, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA, NEAR THE INTERSECTION OF
BISCAYNE LANE AND LANDSDOWNE DRIVE, IN THE CENTRAL PART OF THE
CITY; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion
5/6/92, 1st Reading 6/17/92, Advertised Legal Notices 6/24/92,
Public Hearing 7/8/92)
NAME:
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7/8/92 PUBLIC HEARING SIGNUP SHEET
92.150 C.
ORDINANCE NO. 0-92-13 - Vacation of a Portion of
North Central Avenue Right-of-Way
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING A PORTION OF THE CENTRAL AVENUE RIGHT-OF-WAY
LOCATED EAST OF U.S. HIGHWAY 1, ALSO KNOWN AS STATE ROAD 5, WEST
OF INDIAN RIVER DRIVE AND NORTH OF MAIN STREET; PROVIDING FOR THE
PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY EASEMENTS;
PROVIDING CONDITIONS; PROVIDING FOR RECORDING; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Discussion 2/5/92, 5/6/92, 1st Reading 6/17/92, Advertised Legal
Notices 6/24/92, Public Hearing 7/8/92)
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7/8/92 PUBLIC HEARING SIGNUP SHEET
92.181
D. ORDINANCE NO. O-92-14 - Airport Manager
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING
CHAPTER 3.5 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
AMENDING SECTION 3.5-4 (a) TO REMOVE THE REQUIREMENT THAT THE
AIRPORT MANAGER BE AN EXISTING FIXED BASED OPERATOR; PROVIDING
FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Discussion 6/3/92, 1st Reading 6/17/92, Advertised
Legal Notices 6/24/92, Public Hearing 7/8/92)
NAME:
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7/8/92 PUBLIC HEARING SIGNUP SHEET
92.186 E. ORDINANCE NO. O-92-15 - Adopting Water and
Wastewater Utility Rates
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ADOPTING WATER AND WASTEWATER UTILITY RATES; ADOPTING A
FEE IN LIEU OF FRANCHISE; PROVIDING FOR CONFLICTS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ATTORNEYS' FEES; AND PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 6/17/92, Advertised Legal Notices 6/24/92,
Public Hearing 7/8/92)
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2
JULY 8, 1992 REGULAR CITY COUNCIL MEETING
PUBLIC INPUT ON AGENDA ITEMS
SIGNUP SHEET
(Use this form ~ for input on items on the prepared agenda
except for public hearings which have their own signup sheets.
if you wish to speak during the actual discussion of the matter
rather than during "Public Input on Agenda Items" please note.)
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JULY 8, 1992 REGULAR CITY C0UNCIL MEETING
INTRODUCTION OF BUSINESS FROM THE PUBLIC
SIGNUP SHEET
(Use this form O~[L~for presentation of matters ~OTon the
prepared agenda. Introduction of Business from the Public Es the
last item on the agenda)
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City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JULY 8, 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.
Mayor Powell called the regular meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was reci%ed.
Invocation was given by Reverend Carl Merola, Jr. -
St. Elizabeth Episcopal Church.
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
Assistant City Attorney, Rick Torpy
City Engineer/PW Director, Dan Eckis
Finance Director, Mike Hudkins
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Mate
Regular City Council Meeting
July 8, 1992
Page Two
92.203
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).
By request of Mayor Powell and Council consensus,
item 92.203 was moved up to become item 6A.
PROCLAMATIONS AND/OR ANNOUNCEMENTS
None.
A. PLANNING AND ZONING COMMISSION
Flagpole in Right-of-Way - 425 Ponoka Street
(P & Z Recommendation dated 6/29/92, P & Z
Memo dated 6/29/92, Muenckler Letter dated
6/4/92)
Following a briefing by the City Manager and input
from the City Attorney motion was made.
MOTION by Oberbeck/Holyk
I would move to deny allowing the flagpole to
remain in the right-of-way.
Arthur Muenckler, 425 Ponoka Street, addressed City
Council.
City Council deliberated and the City Attorney
pointed out that any arguments for the flagpole
remaining are invalid since the property in question
belongs to the City of Sebastian.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 5-0.
2
Regular City Council Meeting
July 8, 1992
Page Three
92.187
7. PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) iS as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
ORDINANCE NO. 0-92-11 - Creative Playground
Open Hours - Sunrise to Sunset
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO PUBLIC PARKS AND
PUBLIC RECREATIONAL FACILITIES; AMENDING CHAPTER 18
OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
AMENDING SECTION 18-1 TO REDUCE THE HOURS THAT THE
CREATIVE PLAYGROUND PUBLIC RECREATIONAL FACILITY IS
OPEN FOR PUBLIC USE; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Discussion 5/27/92, 1st
Reading 6/17/92, Advertised Legal Notices 6/24/92,
Public Hearing 7/8/92)
Mayor Powell opened the public hearing at 7:22 p.m.
The Assistant City Attorney read Ordinance No.
O-92-11 by title only.
There being no input, Mayor Powell closed the public
hearing at 7:23 p.m.
MOTION by Holyk/Oberbeck
I would move to adopt Ordinance No. O-92-11
Creative Playground open hours sunrise to sunset.
3
Regular City Council Meeting
July 8, 1992
Page Four
92.152
ROLL CALL:
Mrs. Corum
Dr. Holyk
Mr. Reid
Mayor Powell
Mr. Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
ORDINANCE NO. 0-92-12 - Vacation of Drainage
R.O.W.
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING A CERTAIN DRAINAGE RIGHT-
OF-WAY LOCATED ON LOT 12, BLOCK 222, SEBASTIAN
HIGHLANDS UNIT 8, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 6, PAGE 9, OF THE PUBLIC
RECORDS OF iNDIAN RIVER COUNTY, FLORIDA, NEAR THE
INTERSECTION OF BISCAYNE LANE AND LANDSDOWNE DRIVE,
IN THE CENTRAL PART OF THE CITY; PROVIDING FOR
RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (Discussion 5/6/92, 1st Reading 6/17/92,
Advertised Legal Notices 6/24/92, Public Hearing
7/8/92)
The Assistant City Attorney read Ordinance No.
0-92-12 by title only.
Mayor Powell opened the public hearing at 7:26 p.m.
and being no input, closed it.
The City Manager recommended approval.
Mr. Oberbeck noted that expenses for the vacation of
right-of-way must be reimbursed to the City.
MOTION by Corum/Holyk
I move we adopt Ordinance No. O-92-12 vacation of
drainage right-of-way.
ROLL CALL:
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 5-0.
4
Regular City Council Meeting
July 8, 1992
Page Five
92.150 C.
ORDINANCE NO. 0-92-13 - Vacation of a Portion of
North Central Avenue Right-of-Way
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING A PORTION OF THE CENTRAL
AVENUE RIGHT-OF-WAY LOCATED EAST OF U.S. HIGHWAY 1,
ALSO KNOWN AS STATE ROAD 5, WEST OF INDIAN RIVER
DRIVE AND NORTH OF MAIN STREET; PROVIDING FOR THE
PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY
EASEMENTS; PROVIDING CONDITIONS; PROVIDING FOR
RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (Discussion 2/5/92, 5/6/92, 1st Reading
6/17/92, Advertised Legal Notices 6/24/92, Public
Hearing 7/8/92)
The Assistant City Attorney read Ordinance No.
0-92-13 by title only.
Mayor Powell opened the public hearing at 7:29 p.m.
Richard A. Smith, 13895 Indian River Drive,
representing Sebastian Inlet Marina Trading Co.,
applicant for the vacation, urged approval.
Mary Heinicke, 705 Cleveland Street, Sebastian; Bill
Lee, 1208 U.S. 1, Sebastian; and A1Vilardi, 445
Georgia Boulevard, Sebastian; objected to the
vacation.
Mayor Powell closed the public hearing at 7:40 p.m.
A lengthy discussion took place on the merits of the
vacation of right-of-way.
TAPE I - SIDE II
Discussion continued relative to traffic concerns and
proposed plans for Sebastian Inlet Marina. Mr. Smith
provided the site plan approved by Planning and
Zoning on June 18, 1992, for City Council review.
Concern arose that by adopting this ordinance
tonight, the city would have no control over proposed
curb cuts and traffic patterns.
Regular City Council Meeting
July 8, 1992
Page Six
92.181
MOTION by Oberbeck/Reid
I move that we postpone until a time certain.
Mr. Smith said they are prepared to consider
alternatives, the City Manager said the City Attorney
can determine if ingress and egress to the property
can be made a condition of the ordinance and it was
the consensus of City Council to postpone until the
August 5, 1992 workshop.
Mayor Powell called recess at 8:23 p.m. and
reconvened the meeting at 8:36 p.m. Ail members were
present.
Roll call on the previous motion was taken at this
time.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
D. ORDINANCE NO. O-92-14 - Airport Manager
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN
MUNICIPAL AIRPORT; AMENDING CHAPTER 3.5 OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING
SECTION 3.5-4 (a) TO REMOVE THE REQUIREMENT THAT THE
AIRPORT MANAGER BE AN EXISTING FIXED BASED OPERATOR;
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Discussion 6/3/92, 1st Reading 6/17/92, Advertised
Legal Notices 6/24/92, Public Hearing 7/8/92)
The Assistant City Attorney read Ordinance No.
0-92-14 by title only.
Mayor Powell opened the public hearing at 8:38 p.m.
John L. Carey, 1030 West Lakeview Drive, Sebastian;
and A1Vilardi, 445 Georgia Boulevard, Sebastian;
addressed City Council.
Regular City Council Meeting
July 8, 1992
Page Seven
92.186
Mayor Powell closed the public hearing at 8:42 p.m.
The City Manager presented staff comments and
recommended that a job description be established.
City Council deliberation followed.
TAPE II - SIDE I
MOTION by Oberbeck/Powell
I would move to deny Ordinance No. O-92-14.
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum nay
Dr. Holyk nay
Mr. Reid nay
MOTION FAILED 2-3 (Corum, Holyk, Reid - nay)
MOTION by Reid/Corum
I move that we adopt Ordinance No. O-92-14.
ROLL CALL:
Mr. Oberbeck nay
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell nay
MOTION CARRIED 3-2 (Oberbeck, Powell - nay)
ORDINANCE NO. 0-92-15 - Adopting Water and
Wastewater Utility Rates
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING WATER AND WASTEWATER
UTILITY RATES; ADOPTING A FEE IN LiEU OF FRANCHISE;
PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS'
FEES; AND PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 6/17/92, Advertised Legal Notices 6/24/92,
Public Hearing 7/8/92)
The Assistant City Attorney read Ordinance No.
O-92-15 by title only.
Mayor Powell opened the public hearing at 9:00 p.m.
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Regular City Council Meeting
July 8, 1992
Page Eight
Keith Miller, 961 Riviera Avenue, Sebastian,
addressed City Council.
Mayor Powell closed the public hearing at 9:04 p.m.
A question was raised relative to blank lines in the
rate schedule. City Council was informed that the
rate schedule, taken from Indian River County, had to
be adopted to allow the County to collect fees for
the City and that staff could inquire.
MOTION by Holyk/Corum
Move adoption of Ordinance No. O-92-15 adopting
water and wastewater utility rates.
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
None.
CONSENT AGENDA - Ail items on the consent agenda are
considered to be routine and well 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 - 6/24/92 Regular Meeting
92.197
B. RESOLUTION NO. R-92-29 - Vacation of Easement -
Stevenson (Staff Recommendation dated 7/1/92, R-
92-29, City Engineer Memo, Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE WEST 2.5 FEET OF LOT 12, 13 AND 14, THE
EAST 2.5 FEET OF LOT 23 LESS AND EXCEPT THE NORTH 25.83
FEET OF THE WEST LOT LINE OF LOT 12 AND .5 FEET OF THE
SOUTH PORTION OF THE NORTH 2.5 FEET OF LOTS 22 AND 23,
BLOCK 2 EDGEWATER PARK SUBDIVISION ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 1-23, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
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Regular City Council Meeting
July 8, 1992
Page Nine
92.198 C.
92.199 D.
92.200 E.
92.201 F.
92.202 G.
Accept Deed of Easement to City from Paul
and Hazel Stevenson (See Staff Recommendation for
Item B)
Receive Code Enforcement Orders - 92-6500
(Fischer), 92-6735 (Manfre), 92-6132 (Benham),
92-6345, 92-6348, 92-6418, 92-6436 (Sturm)
Request for Community Center - Party -
8/29/92 - 5 p.m. to 11 p.m. - A/B - Permittee DOB
2/27/28 - Security Paid (Application)
Bid Award - Lake Street Construction - Indian
River Contracting Corporation of Winter Beach -
83,215 (Staff Recommendation dated 6/30/92, Bid
Tabulation)
Bid Award - Tagalong Equipment Trailer - Custom
Trailer, Inc. of Griffin, GA - $5,661 (Staff
Recommendation dated 6/30/92, Bid Tabulation)
Mrs. Corum removed items F and G; and the City
Manager requested removal of items B and C.
MOTION by Oberbeck/Holyk
I would move we approve items A, D and E.
VOICE VOTE on the motion carried 5-0.
Items B and C
The City Manager recommended that City Council adopt
Resolution No. R-92-29 and accept the deed of
easement from the Stevensons in a form and content to
be approved by the City Attorney.
MOTION by Oberbeck/Reid
I would move the recommendation made by the City
Manager.
VOICE VOTE on the motion carried 5-0.
Items F and G
Upon questioning by Mrs. Corum, the City Manager
stated that the City does not accept telephone or fax
bids, but sometimes does conduct telephone bid
clarifications subsequent to opening of sealed bids.
Regular City Council Meeting
July 8, 1992
Page Ten
MOTION by Corum/Holyk
I move that we accept items F and G of the
consent agenda.
ROLL CALL:
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 5-0.
10. PRESENTATIONS
None.
11. MAYOR AND CiTY COUNCIL MATTERS
A. Mrs. Carolyn Corum
Mrs. Corum congratulated the 4th of July Committee
and thanked the Press Journal for their programs;
recommended that the City utilize Falcon Cable free
public service ads.
B. Dr. Peter R. Holyk
Dr. Holyk commented on the letter from Nate McCollum
relative to Mr. McCollum's concern for development on
the riverfront; informed the public that Falcon Cable
TV's financial statement shows a loss for this area;
requested that a discussion of the Titusville minutes
presented to City Council by the City Clerk be placed
on the next agenda; advised the public that the City
is going forward with water and sewer by pursuing the
purchase of the GDU facility; expressed concern that
the Sebastian Press stated that residents "feared"
riverfront development; and said he was heartened to
see so many applications for vacated board positions.
C. Mr. George G. Reid
Mr. Reid congratulated the 4th of July Committee; and
said, in light of concern expressed regarding
building on the riverfront, he was glad the Police
Department is where it is.
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Regular City Council Meeting
July 8, 1992
Page Eleven
D. Mayor Lonnie R. Powell
Mayor Powell congratulated the 4th of July Committee;
discussed letters relative to the GDU THM problem;
urged anyone interested to contact him with their
views on proposed Amtrak stations along the east
coast corridor; cited a letter from Senator Graham
communicating reservation about the requested
location of a Federal Records Depository in
Sebastian; and inquired why the question of placement
of legal advertising keeps coming up.
The Assistant City Attorney said he was working on an
opinion regarding legal ads.
TAPE II - SIDE II
E. Mr. Frank Oberbeck
Mr. Oberbeck congratulated the 4th of July Committee
and Public Works Department; stated that there was no
Indian River County Transportation Planning Committee
meeting in July; said he had heard requests for a
second volleyball court; and inquired whether
regulations can be established to require that
abandoned business owners take down signs.
12. CITY ATTORNEY MATTERS
None.
13. CITY MANAGER MATTERS
14.
The City Manager announced that the 4th of July
parade may be telecast on Falcon Cable on this
Thursday at 5:00 p.m. and Friday at 6:00 p.m.; and
discussed the placement of the volleyball court in
the Riverview Park retention area and the fact that
it does not impede drainage. He said he had directed
the City Engineer to discuss the improvement with
St. Johns River Water Management District.
COMMITTEE REPORTS/RECOMMENDATIONS
Mayor Powell said the Indian River County Emergency
Management Committee meeting had been canceled.
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Regular City Council Meeting
July 8, 1992
Page Twelve
15. OLD BUSINESS
92.076 A.
92.197
16.
92.204/
91.339
Bid Award - Community Center Flooring - Jerry
Smith Tile of Sebastian - $6,150 (Staff
Recommendation dated 6/3~/92, City Engineer Memo
dated 6/25/92)
MOTION by Oberbeck/Reid
I would move to award the bid for the Community
Center flooring to Jerry Smith Tile of Sebastian in
the amount of $6,150.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
Publish Agendas (Sebastian Sun Letter dated
6/30/92)
The City Manager explained that the Sebastian Sun had
printed this agenda and would print future
preliminary summary agendas with City Council
acceptance.
Mr. Oberbeck was excused from 9:55 p.m. to 9:57 p.m.
MOTION by Corum/Holyk
I'd like to make a motion that we accept the
offer from the Sebastian Sun to print our agendas in
their newspaper as a public service free of charge.
VOICE VOTE on the motion carried 4-0. (Oberbeck
excused)
NEW BUSINESS
Street Improvement Program - Request Modification
(City Manager Recommendatio~ dated 7/1/92, Clt~
Engineer Memo dated 7/1/92)
The City Engineer presented the proposal to amend the
street improvement program for fiscal 91/92 to defer
Temple Avenue until the next fiscal year and use the
funding to improve Barber Street between CR 512 and
Tulip Street and the intersection of Barber and CR
512.
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Regular City Council Meeting
July 8, 1992
Page Thirteen
92.101
Mayor Powell requested and was given reassurance that
Temple will be a first priority in the new fiscal
year.
MOTION by Holyk/Corum
I move that we accept the modification on the
street improvement program.
Mrs. Corum requested that a discussion on the
possible establishment of user fees for construction
trucks traveling on City streets be placed on the
August workshop agenda and asked that the City
Attorney review it.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 5-0.
Bid Award - Disposal of Contaminated Soil at
Central Garage - Resource Recovery, Inc. -
$47,990 (Staff Recommendation dated 7/1/92, Cit~
Engineer Memo dated 7/8/92)
The City Engineer presented staff's recommendation to
award the bid to Resource Recovery.
MOTION by Oberbeck/Holyk
I would move to approve the bid for Resource
Recovery, Inc. in the amount of $47,990, direct staff
to review the contract documents and issue a notice
to proceed.
The City Manager noted that this is not eligible for
capital improvement funding and would come from
general fund reserves.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 5-0.
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Regular City Council Meeting
July 8, 1992
Page Fourteen
17.
18.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
None.
Being no further business, Mayor Powell adjourned the
meeting at 10:20 p.m.
Approved at
~~~/~~eeting.
Kathry~ M. O'Halloran, City Clerk
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