HomeMy WebLinkAbout07231997 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CiTY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JULY 23, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately prior to deliberation, of the
item by the City Council - limit often minutes per speaker (R-97-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. iNVOCATION - Police Chaplain Frank Camillo
4. ROLL CALL
5. ~t, GENDA MQDIFICATIONS (_ADDITIONS AND/OR DEI~ETIONS)
Items not on the written agenda may be added only upon majority vote of City Council
members (R-97-21)
6. PROCLAMATIONS. ANNOUNCEMENT~; AND/OR PI~ESENTATION~
7. CITY ATTORNEY MATTERS
8. CITY MANAGER MATTERS
9. ITEM.~ DEFERRED FROM 7/9/97 REGULAR MEETING DUE TO LACK OF TIME
97.071 A. Review the Final Plans for Parking Area on the Cavcorp Property Prepared by CRA Engineering and
Determine the Council's Satisfaction Prior to Staff Submitting the Plans to the Planning and Zoning
Commission for Site Plan Approval and the Solicitation of Bids for Construction (Community
Development Director Transmittal 7/1/97; Site Plans Attached)
97.176/
~.110
97.182
97.177
97.180
97.184
97.185
10.
Adogt R~s01ution R-97-4_0 - Supplemental Agreement No. 2 with_CRA Engineering Ing
to Provi~le Consulting Scrvi~;~s - Community Blgck Grant .(Commul~ity Development Diro~[0r
Transmittal 7/1/97, R-~)7-40, Supplemental Agreement No.2, S~0pe of Work)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY
MANAGER TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, SUPPLEMENTAL
AGREEMENT NO. 2 BETWEEN CRA ENGINEERING, INC. AND THE CITY OF SEBASTIAN, PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
First J~¢ading of Ordinate O-97-55 - Schedule Second Reading and Public Heating for Jxtty--23,
August 13, 1997 (CiB' Monager transmittal 7/2/97; 0-97-55)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
CREATING A NEW SECTION TO CHAPTER 98, ARTICLE 11 OF THE CITY OF SEBASTIAN CODE OF
ORDINANCES EIq"[TrI,F.D "DESIGNATION OF 'NO PARKING' AREAS" PROVIDING THAT THE CITY COUNCIL
MAY ESTABLISH "NO PARKING" OR "RESTRICTED PARKING" ZONES WITHIN THE CITY OF SEBASTIAN BY
RESOLUTION; PROVIDING THAT IT IS UNLAWHJL TO PARK IN A DESIGNATED NO PARKING ZONE;
PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Approve the Airport Manager Position Job Description with the Modification Regarding Unicom
Communications (City Manager Transmittal 7/1/97, Airport Manager Job Description)
Consider the Request for a Waiver of the Perimeter Setback for a Proposed Gasoline Canopy.
(Community Development Transmittal 7/1/97; Letter from R. Mosby to B. Massarelli Dated
6/25/97; Site Plan)
CONSENT AGI~NDA
All items on the consent agenda are considered to be routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council so requests;
in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 6/25/97 Regular Meeting, 7/9/97 Workshop, 7/9/97 Regular Meeting
Adopt Resolution No. R-97-41 - Vacation of Easement - Jursik (City Clerk Transmittal 7/15/97,
R-97-41, Application, Site Map, Survey, Staff Report, No Objection Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTiNIJING THE WEST FIVE (5) FEET OF LOT 12 AND THE EAST FIVE (5) FEET OF
LOT 13, BLOCK 117, SEBASiIAN HIGHLANDS UNIT 2, LESS THE SOUTH 10 FEET THEREOF, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PBI 5-35, 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.
Co
Bid Award - Community Development and Council Chambers/Engineering Hurricane Shutters -
Central Window of Veto Beach, Inc. in the Amount of $5,156.00 (City Manager/Asst. to City
Manager Transmittal 7/14/97, Bid Tabulation Form)
97.167
97.186
97.187
97.188
97.189
97.190
97.191
97.192
97.157
11.
12.
13.
Approve St. Johns River Water Management District Agreement for Fully Funded Grant in an
Amount Not to Exceed $7,997 for Placement of Educational Interpretive Display Panels on
Riverview Park Observation Pier as Part of Shoreline Stabilization Project (City Manager
Transmittal 7/17/97, Weaver Letter 7/3/97, Agreement)
Approve Annual Florida Department of Corrections Interagency/Public Works Agreement with
Indian River County Correctional Institution for Inmate Labor (City Manager Transmittal 7/17/97,
Matthews Letter 6/26/97, Agreement)
Schedule Public Hearing for Consideration of a Permit and Certificate of Public Convenience and
Necessity for A.D.M. Transport in Accordance with Section 106-54 of the Code of Ordinances (City
Manager Transmittal
Approve Sebastian River Art Club - Request Use of Riverview Park for Annual Art Shows -
11/15/97 (11/16/97 raindate), 12/13/97, 12/14/97 raindate), 1/17/98 (1/18/97 raindate), 2/21/98
(2/22/98 raindate), 3/21/98 (3/22/98 raindate), 4/18/98 (4/19/98 raindate) - Standard Conditions
(City Clerk Transmittal 7/8/97, Dougherty Letter 7/8/97)
Approve Lions Club Request for Use of Riverview Park and Electricity on September 1, 1997 from
7:30 a.m. to 7:30 p.m. for Labor Day Family Barbecue - Standard Conditions (City Clerk
Transmittal 7/17/97, Ellis Letter 5/12/97, Flyer)
PUBLIC HEARING - None
INTRODUCTIO]~ OF NEW BUSINESS FROM T~[I~ pUBLiC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
COMMITTEE REPORTS/RECOMMENDaTIONS
A. Planning and Zoni~ C0111mission
Interview and Appoint Regular Member - Term to Expire 6/1/00 - Board Recommends
Horry Johns (Community Development Director Transmittal 7/15/97, Applications, P & Z
Minutes 6/19/97)
B. Handicapg~ql Self-Evaluation Committee
Interview and Appoint Regular Member - Unexpired Term to Expire 6/99 - Only One
Application Received - Committee Recommends Catherine Ackerman (City Clerk
Transmittal 7/10/97, Application)
C. Riverfront Cgl~lnittee
Accept Resignation of Edward Moore Effective Immediately (Director of Community
Development Transmittal 7/16/97, Moore Letter 7/14/97)
E. Tree Advisory Board
Appoint Alternate Member - Unexpired Term to Expire 11/98 - Only One Application
Received - Committee Recommends William Brognano (Director of Community
Development Transmittal 7/16/97, Application, Minutes)
14. OLD BUSINESS
179
Approve the Proposed Lease Agreement with Primeco Personal Communications and Authorize the
City Manager to Execute Said Lease (City Manager Transmittal 7/1/97; Primeco Personal
Communications Lease Agreement)
97.175
B. Review Pending List (7/10/97 List)
15. NEW BUSINESS
97.080 A.
Bid Award for Police Facility HVAC Improvements to Hill York Corporation in the Amount of
$306,100 and Appropriate $103,010 from Undesignated Non-Departmental Funds (City Manager
Transmittal 7/16/97, Bid Committee Recommendation)
97.186 B.
Release $2,900 Code Enforcement Lien for Property in Rivers Edge Subdivision for Value of
Property Deeded to City in May 1997 (City Manager Transmittal 7/17/97, County Attorney Letters
7/7/97 and 7/15/97, Deed 5/13/97, Lien)
97.096 C.
Proposed Settlement in the Case of Richard Fey vs City of Sebastian (City Manager/City Attorney
Transmittal 7/17/97, Proposed Release)
16. CITY COUNCIL MATTERS
A. Mrs. Louise Cartwright
B. Mr. Larry Paul
C. Mrs. Ruth Sullivan
D. Mayor Walter Barnes
E. Vice Mayor Richard Taracka
17.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Council)
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. (286.0105F. S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR
THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Upcoming Meeting82
Open Forum - Wednesday, Ju~ 30, 1997 ~ 7pm
4
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
JULY 23, 1997 REGULAR MEETING
USE THIS FORM ~ FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE
PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER
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City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JULY 23, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Barnes called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
There was a moment of silence.
ROLL CALL
City Council Present:
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
Staff Present:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Public Works Director, Pat Bre~man
City Planner, Tracy Hass
Deputy City Clerk, Sally Maio
~. 21gular City Council Meeting
y 23, 1997
Page Two
97.071
e
AGENDA MODIFICATIONS ~S~DDITIONS AND/OR DELETIONS.}
Items not on the written agenda may be added only upon majority vote of City Council
members (R-97-20
Mayor Barnes requested that item 15A Bid Award for Police Department HVAC system be moved to item
9F and that item 13E Tree Advisory Board Appointment be deferred to August 13, 1997.
The City Manager requested addition of scheduling an executive caucus for collective bargaining, which he
placed under his matters; and an item to do with Joy Haven waterway alternatives under New Business 15 D
It was the consensus of Council to add the item.
PROCLAMATIONS. ANlXlOU~iCEMENTS AND/OR PRESE_~IT/iTIONS
None.
CITY ATTORN[Y.MATTERS
None.
CITY MANAGER MATTERS
City Council scheduled the executive caucus for Tuesday, July 29, 1997 at 7 p.m.
The City Manager gave updates on Barber Street Sports Complex drainage work, pipe replacements at Addy
and Barber and George and Barber, Schumann paving, Dempsey/Vocelle drainage, and a proposed formal
dedication ceremony for Schumann tennis courts.
ITEMS DEFERRED FROM 7/9/97 REGULAR MEETING DUE TO LACK OF TIME
A+
Review the Fia~ll plans for Parking Area on ~;h¢ Cavcorp Property Prepared by (iRA Engineering and
Det.c~rrrline the Council's Satisfa~l. i91l prior to Staff Submitting, the plans to the Planning and Zoning
Commission ,roi Site Plan Approval and tll~ Solicitation of Bids for Construction (Community
Development Director Transmittal 7/1/97; Sjt~ Plans Attached)
The City Manager said Mr. Paul had suggested a revised plan and it was exhibited on an overhead
(see plan attached) and explained by Mr. Paul.
Mrs. Sullivan suggested eliminating the center driveways and City Council discussion took place.
Mr. Taracka said he had discussed landscaping alternatives with the Director of Community
Development. Mrs. Cartwright noted that police rope off right-of-way areas in the parking lot during
large events and suggested reconsidering keeping the sidewalks in place.
2
[u~gular City Council Meeting
y 23, 1997
Page Three
(At 7:30 p.m. the recording system malfunction - no tape recording -videotape audio recording and
no audiocast on Falcon)
The following members of the public spoke on the Cavcorp property:
Sal Neglia, 461 Georgia Boulevard, Sebastian, recommended eliminating trees at east end.
Bill German, 1338 Cownie Lane, Sebastian, recommended leaving the site as is.
TAPE I - SiDE II (7:48 p.m. - recording resumed function)
Bob Ashcroft, 785 George Street, Sebastian, re'ged Council to get moving.
Martha Wininger, Sebastian, expressed several concerns.
Art Vogel, 1313 Scroll Street, Sebastian, recommended leaving the site as is.
Mayor Barnes reminded the public that many people do not view the property as a parking lot, that
some landscaping could make the property look nicer, and said he still thought the parking should be
in the rear.
Randy Mosby, Sebastian, suggested drainage be looked at and softscape be considered.
Louise Cuttenberg, 973 Oswego Avenue, Sebastian, agreed with the compromise plan.
MOTION by Sullivan/Taracka
I would like to move acceptance of the plan presented this evening by Mr. Paul (66 spaces)
with a ten foot setback on the north side, with the developed parking on the east side, with
softscaping and to remove the stabilizing under the parking area.
Randy Mosby, suggested that Planning and Zoning look at the plan, that there be some type of
stabilization and that retention be looked at.
Following further discussion, Mrs. Sullivan added after "stabilizing .... which is waffling" and added
"and this plan referral to the Planning and Zoning for a recommendation and site plan approval".
Mrs. Cartwright noted the further recommended action in the transmittal to "authorize staff to submit
plan to Planning and Zoning for site plan approval and solicitation of bids for construction". Mrs.
Sullivan said that would be alright. Mr. Taracka concurred with the additions.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
3
~l[[[egular City Council Meeting
~y 23, 1997
Page Four
97.176/ B.
96.110
97.182 C.
Mayor Barnes called recess at 8:14 p.m. and reconvened the meeting at 8:28 p.m. All members were
present.
Adopt Resolution R-97-40 - Supplemental Agreement No. 2 with CRA Engineering. Int¢,
to P.l'gykle Consulting Services - Communit~ BIo~}~ Grant .(Community Development Director
Transmittal 7/1/97, R-97-40. Suppl~lll~ntal Agreement No.2, Scope of Wgrk)
A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY
MANAGER TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, SUPPLEMENTAL
AGREEMENT NO. 2 BETWEEN CRA ENGINEERING, INC. AND THE CITY OF SEBASTIAN, PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS tN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-97-40 by title.
The City Manager gave a brief explanation of the item and, in response to Mrs. Sullivan, said that
the Riverview Park east boardwalk will be replaced by the proposed sidewalk.
Sal Neglia, 461 Georgia Boulevard, Sebastian,
MOTION by Cartwright/Paul
I move to adopt Resolution R-97-40 authorizing the City Manager to sign and the City Clerk
to attest, Supplemental Agreement No. 2 with CRA Engineering, Inc.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
First Reading of Ordinance Q-97-55 - Schedule Second R~tding and Public Hearing for Aogust 13~
1997 (Cio Manager Transmittal 7/2/97; 0-97-55)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
CREATING A NEW SECTION TO CHAPTER 98, ARTICLE II OF THE CITY OF SEBASTIAN CODE OF
ORDINANCES ENTITLED "DESIGNATION OF 'NO PARKING' AREAS" PROVIDING THAT THE CITY COUNCIL
MAY ESTABLISH "NO PARKING" OR "RESTRICTED PARKING" ZONES WITHIN THE CITY OF SEBASTIAN BY
RESOLUTION; PROVIDING THAT IT IS UNLAWFUL TO PARK IN A DESIGNATED NO PARKING ZONE;
PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
_ 4
gular City Council Meeting
y 23, 1997
Page Five
97.177 D.
The City Attorney read Ordinance No. 0-97-55 by title.
The City Manager briefly explained the purpose of the ordinance.
MOTION by Cartwright/Sullivan
I move to approve the first reading of Ordinance 0-97-55 and set a public hearing date for
August 13, 1997.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
~prove the Airport Manager Po~itiotl Job Description with the Mollification Regarding Unicom
Communications (City Mapager Transmittal 7/1/97, Airport Manager Job Description)
The City Manager said this was a job description used for several years and that only a minor
amendment had been made regarding unicom communications.
Mrs. Cartwright requested "as required by the City Manager"under Illustrative Duties and change
"considerable" to either "two years" or "five years" experience under Knowledge, Abilities and
Skills. Mayor Barnes reconunended staying away from a specific number of years and concurred
with "considerable". Mr. Paul concurred with a minimum standard and the City Manager
recommended that it not be made too tight.
Mrs. Sullivan and Mr. Taracka agreed with "considerable". 3-2 consensus for "considerable".
MOTION by Taracka/Sullivan
I move to approve the Airport Manager position job description with the modification
regarding unicom communications, adding "as required by the City Manager".
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
City Council Meeting
July 23, 1997
Page Six
The City Manager said the job description would come back for formal adoption by resolution.
97.180 E.
Consider the l~¢~t for a Waiver of the Perimeter Se~a~l~ for a Proposed Gasoline Canopy.
~Community Development Tran~n~i.ttal 7/1/97; Letter from R. Mosby to_B~ Mt~arelli Dated
6/25/97; Site Plan)
The City Manager explained the request for waiver of the forty foot perimeter setback for the
proposed gasoline canopy for a business proposed at Chessers Gap. He exhibited the site on the
overhead.
Randy Mosby, Mosby & Associates, representing the applicant, Bayrock Investments, requested
approval to locate a canopy for a fast food/gas station as proposed.
TAPE II - SIDE I (8:50 p.m.)
Mr. Mosby continued his presentation.
Andy Fredericks, Dean, Mead of Melbourne, legal counsel for the applicant, said because of the odd
configuration of the property, the engineer was unable to design the site without exceeding the forty
foot encroachment. He noted that the City's Land Development Code defines a canopy as a building
but its building code does not.
The City Planner said this will go to Planning and Zoning when resubmitted addressing staff
concerns and based on City Council's decision.
The City Manager questioned why they couldn't get the canopy to comply with the 40 foot
requirement. Mr. Frederick said the canopies are preconstructed and the only other solution would be
to move the entire building. The City Manager said he did not think a community should be dictated
to because a corporation uses a prototype.
Harry Thomas, 654 Balboa Street, Sebastian, said there are enough gas stations in the City.
Bob Ashcroft, 785 George Street, Sebastian, objected to this type of business going in that site.
Randy Mosby, reminded Council that this is an approved PUD.
Edra Young, 1151 Clearmont Street, Sebastian, said if they could not afford enough land to build on,
the business is not needed.
MOTION by Barnes/Taracka
I'll make a motion to reject the request and have the applicant do whatever redesign work
needs to be done to meet the City Codes.
ROLL CALL: Mr. Barnes - aye
Mr. Taracka - nay
Mrs. Cartwright - nay
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 3-2 (Paul, Cartwright, - nay)
egular City Council Meeting
uly 23, 1997
Page Seven
97.080 F.
10.
Bid Award for Police~fa~ility HVAC Improvements to Hill York Corporation intl!~ Amount of
$306L 100_alibi .Appropriate $103,010 from Undesignated Non-D~p0rtmental Funds (City Manager
Transmittal 7/16/97, Bid Committee Recomme_rl~l~lfi01O
The City Manager recommended awarding the bid to the low bidder with appropriation of funds.
The following members of the public spoke on the matter:
Chuck Neuberger, 357 Melrose Avenue, Sebastian, recommended the City go after those who are
legally liable for the malfunctioning of the system.
Bob Ashcroft, George Street, Sebastian, concurred with finding out who is responsible.
Bill German, Sebastian, asked if the new City Engineer has been asked to look into it.
Leonard Bassi, 573 Browning Terrace, Sebastian, urged investigation of staff members involved.
Mrs. Cartwright said the City Manager went though volumes of backup, did an investigation prior to
the statute of limitations running out and could find no specific fault with the professionals involved
The City Manager explained that the result of his investigation was that the City was partly
responsible for decisions made on the design changes and construction of the facility.
MOTION by CartwrighffTaracka
I move to accept the bid from Hill York at the bid amount of $306,100 and appropriate
$103,010 from the undesignated Non-Departmental funds.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council so requests:
in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 6/25/97 Regular Meeting, 7/9/97 Workshop, 7/9/97 Regular Meeting
Rulegular City Council Meeting
y 23, 1997
Page Eight
97.184 B.
97.185 C.
97.167 D.
TAPE II - SIDE II (9:37
E.
97.187 F.
97.188 G.
97.189 H.
Adopt Resolution No. R-97-41 - Vacation of Easement - Jursik (City Clerk Transmittal 7/15/97,
R-97-41, Application, Site Map, Survey, Staff Report, No Objection Letters)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COIYNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUI]qG TI~E WEST FIVE (5) FEET OF LOT 12 AND THE EAST FIVE (5) FEET OF
LOT 13, BLOCK 117, SEBASTIAN H/GHLANDS UNIT 2, LESS THE SOUTH 10 FEET THEREOF, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PBI 5-35, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDIN(}; AND PROVIDING AN EFFECTIVE DATE.
Bid Award - Community Development and Council Chambers/Engineering Hurricane Shutters -
Central Window of Veto Beach, Inc. in the Amount of $5,156.00 (City Manager/Asst. to City
Manager Transmittal 7/14/97, Bid Tabulation Form)
Approve St. Johns River Water Management District Agreement for Fully Funded Grant in an
Amount Not to Exceed $7,997 for Placement of Educational Interpretive Display Panels on
Riverview Park Observation Pier as Part of Shoreline Stabilization Project (City Manager
Transmittal 7/17/97, Weaver Letter 7/3/97, Agreement)
Approve Annual Florida Department of Corrections Interagency/Public Works Agreement with
Indian River County Correctional Institution for Inmate Labor (City Manager Transmittal 7/17/97,
Matthews Letter 6/26/97, Agreement)
Schedule Public Hearing for Consideration of a Permit and Certificate of Public Convenience and
Necessity for A.DM Transport in Accordance with Section 106-54 of the Code of Ordinances for
August 13, 1997 (City Clerk Transmittal 7/11/97, Application w/Documentation, Chapter 106
Code)
Approve Sebastian River Art Club - Request Use of Riverview Park for Annual Art Shows -
11/15/97 (11/16/97 raindate), 12/13/97, 12/14/97 raindate), 1/17/98 (1/18/97 raindate), 2/21/98
(2/22/98 raindate), 3/21/98 (3/22/98 raindate), 4/18/98 (4/19/98 raindate) - Standard Conditions
(City Clerk Transmittal 7/8/97, Dougherty Letter 7/8/97)
Approve Lions Club Request for Use of Riverview Park and Electricity on September 1, 1997 from
7:30 a.m. to 7:30 p.m. for Labor Day Family Barbecue - Standard Conditions (City Clerk
Transmittal 7/17/97, Ellis Letter 5/12/97, Flyer)
The City Manager read the consent agenda and the City Attorney read Resolution No. R-97-41 by
title.
,,~mRegular City Council Meeting
I~uly 23, 1997
Page Nine
Mr. Paul removed item H; Mayor Barnes removed items C and F; Mrs. Cartwright removed items F
and G.
MOTION by Taracka/Paul
I move to approve items A, B, D, and E of the consent agenda.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
Item C - Hurricane Shutters
Discussion took place on the gauge of the material. The Public Works Director said it was .04 gauge
and would withhold 100 mph winds in accordance with City code. Mr. Paul said he thought the
standard in other areas was .063. The City Manager said staff could defer the item to the next
agenda and investigate further.
MOTION by Bames/Taracka
I move to approve item C of the consent agenda.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
Item F - A.D.M. Transport
Mayor Bames questioned the discrepancy in insurance requirements and the number of vehicles
being approved. The City Clerk said that City Council is only being requested to set the public
hearing at this time.
The City Attorney, in response to Mrs. Cartwright, said the hearing would be quasi-judicial,
cautioned against ex-parte communication and said it would have to be disclosed at the hearing if it
took place.
9
oRegular City Council
uly 23, 1997
Page Ten
MOTION by Cartwright/Paul
I move to set a quasi-judicial heating for August 13, 1997.
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
Item G - S~astiap, River Art Club
In response to Mrs. Cartwright, the City Manager said new park policy may be in place by November
15.
MOTION by Cartwright/Sullivan
I move to approve item G of the consent agenda subject to the park policy in place as of
November 15, 1997.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
Item H - l~ions Club
Mr. Paul inquired whether there was money available for a fifteen minute fireworks display. The
City Manager said it would be in the neighborhood of $5,000.
MOTION by Paul/Barnes
I move to approve the Lions Club request for use of Riverview Park and electricity on
September 1, 1997 from 7:30 a.m. to 7:30 p.m. for a Labor Day family barbecue, standard
conditions existing.
ROLL CALL: Mr. Taracka
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
- aye
10
~,Regular City Council Meeting
I~uly 23, 1997
Page Eleven
11. pUBLIC HEARING
None.
12.
INTRODUCTIO~ OF NEW BUSINESS FROM Tttl~ pUBLiC
Which is not otherwise on the agenda - sign-up required - limit often tninutes for each speaker
Bob Ashcroft, 785 George Street, Sebastian, suggested extending Fleming Street to alleviate traffic on Wave
Street.
Leonard Bassi, 573 Browning Terrace, Sebastian, submitted a photo of fecal matter in his yard to City
Council, asked that the City Manager, City Attorney, Chief of Police and a Police Sgt. be fired due to the fact
that no investigation into his tnatters has been conducted as he requested.
Bill German, 1338 Cownie Lane, Sebastian, recommended establishment of a committee to review businesses
coming into Sebastian; and suggested water expansion and drainage be done at the same time.
13. COMMITTEE REPORTS/RECOMMENDATIONS
Mayor Barnes reported that he met with Indian River County Recreation and parties interested in recreation in
Sebastian. He ac 'knowledged that Larry Driver had initiated the matter and said that in the near future he
would be requesting formation of a recreation committee.
Mayor Barnes called recess at 10:22 p.m.
TAPE III - SIDE I (10:30 p.m.)
Mayor Barnes had been excused from the meeting due to illness. Vice Mayor Taracka reconvened the
meeting at 10:29 p.m. and chaired the meeting in Mayor Barnes' absence.
MOTION by Taracka/Sullivan
I move to extend the meeting for one half hour.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - absent
Mr. Taracka - aye
MOTION CARRIED 4-0
11
~Regular City Council Meeting
uly 23, 1997
t~Pag¢ Twelve
97.190
Ao
Planning and Zoning ~mmission
I~lterview and Appoint Regular M~mber - Term to Expire 6/1/00 - Boar~l~ecommends
Horry Johns (ConllllllltiB, Development Director Translllittal 7/15/97, Applications, P & Z
Minutes 6/19/97)
The City Council interviewed applicants Horry Johns, 559 Cross Creek Circle; Harry Thomas, 654
Balboa Street; Chuck Neuberger, 257 Melrose Lane; Alan Shisgal, 122 Filbert Street. David Cox
was not present.
MOTION by Sullivan
I move appointment of Harry Thomas.
ROLL CALL:
Mr. Paul - nay
Mrs. Sullivan - aye
Mr. Barnes - absent
Mr. Taracka - aye
Mrs. Cartwright - nay
TIE VOTE (no vote)
MOTION by Cartwright
I move to reappoint Harry Johns to a full term to expire in 6/1/2000.
ROLL CALL:
TIE VOTE (no vote)
Mrs. Sullivan - nay
Mr. Barnes - absent
Mr. Taracka - nay
Mrs. Cartwright - aye
Mr. Paul - aye
Mr. Taracka nominated Chuck Neuberger
ROLL CALL:
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
absent
aye
nay
nay
aye
TIE VOTE (no vote)
This item was deferred to August 13, 1997.
12
ulegular City Council Meeting
y 23, 1997
Page Thirteen
97.191
97.192
Handicapped Self-Evaluation Cornmitt~?
Interview and Appoint Regular Member - Unexpired Term to Expire 6/99 - Otlly One
Application Received - Committee Recommends Catherine Ackerman £12it7 Clerk
Transmittal ]_]J 0/97, Application)
The City Council interviewed Mrs. Ackerman.
MOTION by Taracka/Cartwright
I make a motion to appoint Catherine Ackerman to the unexpired regular member position
on the Handicapped Self-Evaluation Committee with term to expire in June 1999.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - absent
MOTION CARRIED 4-0
Riverfront Committee
Accept Resignotjorl of Edward Moore Effective InmaCdiately_(Director of Community
Development Transmittal 7/16/97, Moore L~[tcr 7/14/97)
MOTION by Sullivan/Taracka
I would move to accept with regret Mr. Moore's resignation from the Riverfront Committee.
ROLL CALL:
Mrs. Cartwright - nay
Mr. Paul - nay
Mrs. Sullivan - aye
Mr. Barnes - absent
Mr. Taracka - aye
TIE VOTE (no vote)
This item was deferred to August 13, 1997.
13
{~tuegular City Council Meeting
ly 23, 1997
Page Fourteen
97.157
97.179
97.175
14.
E. Tree Advisory Board
Appoint Alternate_Member - Unexpired Term to Expire 11/98 - Only One Application
Received - Com,'vittee Recommends William Brogn~ (.Director of Community
Development Transmittal 7/16/97, Application, Minutes)
This item was deferred to August 13, 1997 under Agenda Modifications.
OLD BUSINESS
Approve the Proposed Leas~_Agree_ment with Primeco Personal Com~nic0tions and Authorize the
City Manage[ I~ l~cute Said Lease (City Manage[ Transmittal 7/1/97; Primeco Perpetual
Comm~ications Lease Agreement)
The City Manager briefly explained the contract and addendum. The City Attorney said she had
reviewed the lease and noted that changes made were in the addendum. She said the business aspects
of the lease were negotiated by the Chief of Police.
MOTION by Cartwright/Taracka
I move to approve the proposed Lease Agreement with Primeco Personal Communications
and authorize the City Manager to execute and the City Clerk to attest and the City Attorney to sign
approving form and content.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 4-0
B. [~eview Pending List (7/10~97 List)
Mayor Cartwright suggested that the item be deferred to the August 6, 1997 workshop. City Council
concurred.
14
City Council Meeting
July 23, 1997
Page Fifteen
15. blEW BUSINESS
97.193 B.
~7.076 C.
Release $2.900 Code Enforcemelg bi,Il for ProperB' in Rivers Edge Subdiyiaion for Value of
Properly Deeded to City in May 1997 (City Manager Tr~smittal 7/17/97. County _Al[orney Letters
7/7/97 and ?/15/97. Deed 5/13/97. Lien)
MOTION by Cartwright/Taracka
I move to release the $2,900 lien in exchange for the value of the property deeded to the City
in May of 1997.
ROLLCALL:
Mrs. Sullivan - aye
Mr. Barnes - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 4-0
Propg~gd_Scttlement in the Case ~f Richard Fey vs City of Sebl~stiaI~ (City Manager/City Attorney
Ironsmittal 7/17/97, Propm~d l~elease)
MOTION by Cartwright/Paul
I move to authorize the City Manager to extend the $8,000 settlement offer made and
accepted by Richard Fey and accept the draft general release and appropriate $8,000 from
undesignated non-departmental funds.
ROLLCALL:
Mr. Barnes - absent
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 4-0
15
City Council Meeting
July 23, 1997
Page Sixteen
97.194 D.
Approved at the
LOW bevel Dam vs Maintenanq¢ Dredging in Joy Haven Waterway
The City Manager reiterated his recommendation for a Iow level dam for the Joy Haven waterway as
explained in his July 23, 1997 memo (see attached).
MOTION by Sullivan/Taracka
I would move the recommendation of Mr. Frame.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - absent
MOTION CARRIED 4-0
Vice Mayor Taracka adjourned the Regular Meeting at 11:03 p.m.
,1997, Regular City Council Meeting.
Halloran, CM,~. AAE
C~y'LC,[erk .~ : .:
Walter W. Barnes
Mayor
16