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Home My WebLink About07241991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 s FAX (407) 589-5570 91.186 91.187 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 24, 1991 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON iTEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Henk Toussaint - St. Sebastian Catholic Church 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation - "National Night Out 1991" - 8/6/91 B. Proclamation - National Organization on Disabilities - "Calling On America" Campaign - 7/26/91 7. PUBLIC HEARING, FINAL ACTION - None 8. PUBLIC INPUT ON AGENDA ITEMS 1 91.188 91.085 91.~89 90.290 91.190 91.191 91.192 91.045 10. 11. 12. 9. CONSENT AGENDA Approval of Minutes - 7/10/91 Regular Meeting, 7/17/91 Workshop w/P & Z Sebastian Panther Youth Sports Association - Request for Community Center - Fund RaisinG Spaghetti Dinner - 7/27/91 - 3 p.m. to 10 p.m. - Waive or Reduce Security Deposit to $100 and Waive Rental Fee (Staff Recommendation dated 7/17/91, Panthers Letter dated 6/24/91, Application) Teens AGainst Boredom Use of Old Library BuildinG (City Manager Recommendation dated 7/16/91) Direct City Attorney to Draft Ordinance to Amend Land Development Code Section 20A-10.2.B.1 Re: Appearance of Buildings (Staff Recommendation dated 7/18/91, P & Z Minutes 3/7/91) PRESENTA?IONS - None COMMITTEE REPORTS/RECOMMENDA?IONS OLD BUSINESS GDC Chapter 11 Bankruptcy (City Manager Recommendation dated 7/15/91, GDC Letter dated 7/10/91, Draft Letter dated 7/24/91 to GDC w/ Attachments) 13. NEW BUSINESS 14. City Clerk Request for Waiver of Bid Procedure for Purchase of NCR Novelle Network Software to Upgrade System - $6500 (Staff Recommendation dated 7/17/91, City Clerk Memos dated 6/27/91 and 6/17/91, NCR [MourinG] Letters dated 6/14/91 and 5/28/91) Golf Course Alarm System Upgrade - $25.00 Monthly Maintenance Increase - Approve Five Year Contract with National Guardian - $4,800 (Staff Recommendation dated 7/16/91, GC Manager Memo dated 7/9/91, National Guardian Proposal, Sebastian Alarm Proposal) MAYOR'S MATTERS A. CR 512 Signs (No Backup) B. CR 512 Twin Pairs (No Backup) 2 91.193 15. COUNCIL MATTERS A. Councilman Reid B. Councilman Powell C. Councilman Holyk D. Vice Mayor Oberbeck 1. RESOLUTION NO. R-91-25 - Designating First Sunday in July as POW-MIA Day (R-91-25) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE FIRST SUNDAY IN JULY OF EACH YEAR AS POW-MIA DAY. 16. CITY ATTORNEY MATTERS 17. CITY MANAGER MATTERS 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) 19. 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.) NAME: ADDRESS: SUBJECT: JULY 24, 1991 REGULAR CITY COUNCIL MEETING PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: 2 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, JULY 24, 1991 - 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 Conyers called the meetinG to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Henk Toussaint, St. Sebastian Catholic Church. 4. ROLL CALL Present: Mayor W.E. Conyers Councilman Peter Holyk Vice Mayor Frank Oberbeck Councilman George Reid Absent: Councilman Lonnie Powell (excused) Also Present: City Manager, Robert McClary Attorney Patrick Anderson City EnGineer/PW Director, Dan Eckls Chief of Police, Earle Petty Golf Course Manager, Jim DeLarme City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting July 24, 1991 Page Two 91.186 91.187 91.188 91.035 91.189 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. 6. PR0CLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation L "National Night Out 1991" L 8/6/91 Mayor Conyers read the proclamation and presented it to Julio, Pauline and Terry Carosi, active members of Neighborhood Watch and Police Department Community Service volunteers. Proclamation ~ National Organization o__n Disabilities Z "Calling O__n America" Campaign 7/26/91 Mayor Conyers read the proclamation and stated he would transmit it to the appropriate parties. 7. PUBLIC HEARING, FINAL ACTION None. 8. PUBLIC INPUT ON AGENDA ITEMS Ron Harsh requested and was authorized to address item 91.191 during its discussion. 9. CONSENT AGENDA Approval of Minutes - 7/10/91 Regular Meeting, 7/17/91 Workshop w/P & Z Sebastian Panther Youth Sports Association - Request for Community Center - Fund Raising Spaghetti Dinner - 7/27/91 - 3 p.m. to 10 p.m. - Waive or Reduce Security Deposit to $100 and Waive Rental Fee (Staff Recommendation dated 7/17/91, Panthers Letter dated 6/24/91, Application) Teens Against Boredom Use of Old Library Building (City Manager Recommendation dated 7/16/91) Direct City Attorney to Draft Ordinance to Amend Land Development Code Section 20A-10.2.B.1 Re: Appearance of Buildings (Staff Recommendation dated 7/18/91, P & Z Minutes 3/7/91) Regular City Council Meeting July 24, 1991 Page Three Mayor Conyers read the consent agenda in its entirety. Councilman Reid removed item D. MOTION by Holyk/Oberbeck i move we approve items A, B and C of the consent agenda. At the request of the City Clerk, it was clarified that approval of item B would reduce the security deposit to $100. ROLL CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Reid aye aye aye aye MOTION CARRIED 4-0. Item D Councilman Reid expressed concern for the length of time needed to draft and adopt an ordinance to amend the Land Development Code and whether the city could possibly declare a moratorium on building design until such time. The City Manager said Council can adopt an emergency ordinance to be in effect for a limited time while the permanent ordinance is being drafted. Discussion followed. J.W. Thompson, 125 Main Street, Sebastian, member of Planning and Zoning Commission, said the commission will address the Marker 68 Marina restaurant at its next meeting. (August 1, 1991) The City Manager said an emergency ordinance can be adopted at a special meeting prior to the August 7, 1991 workshop. Council concurred. 3 Regular City Council Meeting July 24, 1991 Page Four MOTION by Reid/Holyk i move we direct the City Attorney to draft an emergency ordinance to amend the Land Development Code as was discussed and to be presented at the special meeting of August 7, 1991. 90.290 ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Reid Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. 10. PRESENTATIONS None. 11. COMMITTEE REPORTS/RECOMMENDATIONS None. 12. OLD BUSINESS GDC Chapter__11 Bankruptcy (City Manager Recommendation dated 7/15/91, GDC Letter dated 7/10/91, Draft Letter dated 7/24/91 to GDC w/ Attachments) The City Manager reported on his negotiations with General Development Corporation and requested authorization to sign and transmit the July 24, 1991 letter to them. (Letter attached) MOTION by Oberbeck/Reid I move that we go ahead and authorize the City Manager to forward the settlement offer to General Development Corporation. ROLL CALL: Vice Mayor 0berbeck Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye MOTION CARRIED 4-0. 4 Regular City Council Meeting July 24, 1991 Page Five 13. NEW BUSINESS 91.190 A. 91.191 City Clerk Request for Waiver of Bid Procedure for Purchase of NCR Novelle Network Software to Upgrade System - $6500 (Staff Recommendation dated 7/17/91, City Clerk Memos dated 6/27/91 and 6/17/91, NCR [Mouring] Letters dated 6/14/91 and 5/28/91) The City Clerk presented her request and the City Manager stated there were capital improvement funds available if approved. MOTION by Oberbeck/Reid I move we approve the request of the City Clerk with regard to the network software. The City Clerk responded to various City Council members' concerns. Mayor Conyers recognized Edra Young, Pauline Carosi, Dan Katman and Dan Robinson. ROLL CALL: Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck aye aye nay aye MOTION CARRIED 3-1 (Holyk - nay) Golf Course Alarm System Upgrade_- $25.00 Monthly Maintenance Increase - Approve Five Year Contract with National Guardian - $4,800 (Staff Recommendation dated 7/16/91, ~C Manager Memo dated 7/9/91, National Guardian Proposal, Sebastian Alarm Proposal) non Harsh, 550 Bay Harbor Terrace, Sebastian Alarm, gave a revised proposal and recommended that Council purchase two systems rather than lease one alarm system for the Golf Course. Council discussion took place relative to lease vs. purchase and the need for a system which identifies people utilizing it. 5 Regular City Council Meeting July 24, 1991 Page Six 91.192 91.045 MOTION by Holyk/Reid I move not to approve a five year extension with the upgrade as is stated in item B of our agenda. ROLL CALL: Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck aye aye aye aye MOTION CARRIED 4-0. Mayor Conyers called recess at 8:23 p.m. and reconvened the meeting at 8:33 p.m. Ail members were present. 14. MAYOR'S MATTERS Mayor Conyers announced the Sebastian Panthers Youth Sports Association fundraising spaghetti dinner on July 27, 1991 at the Community Center and expressed dismay at Robert Brodie trying to recruit teens at the Teen Center to picket City Hall. A. CR 512 Signs (No Backup) Mayor Conyers inquired whether City Council, as a body, should formally request placement of signs on CR 512 by the County as requested previously by Councilman Reid. Discussion followed, however, no further action was taken. Following a brief discussion, the City Manager encouraged Council to retain the policy whereby each Councilman can express an opinion in a letter on city stationary, however, a disclaimer be included that states it does not express the opinion of the city. B. CR 512 Twin Pairs (No Backup) Mayor Conyers reported on the Indian River County Transportation Planning Committee meeting minutes of July 10, 1991 which he had distributed to Council for review and endorsed the CR 512 twin pairs. He said the County has requested Council's intent in regard to the twin pairs. A lengthy discussion followed. 6 Regular City Council Meeting July 24, 1991 Page Seven Vice Mayor Oberbeck withdrew from the Indian River County Transportation Planning Committee. Mayor Conyers said he'd be glad to volunteer unless another Council member would like to. MOTION by Oberbeck/Holyk I move that this Council take a position of "NO" as far as the twin pairs within the City of Sebastian in particular 512. Councilman Holyk reported on his investigation of records relative to CR 512 alternative studies and prior City Council action on the twin pairs. He said a conclusive study should be conducted and that the City should make absolutely clear to the County that Resolution No. R-88-77 does not support the twin pairs and that the city has reservations about the Keith & Schnars study. In response to Councilman Holyk, the City Attorney said R-88-77 can be amended. ROLL CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Reid nay aye aye aye MOTION CARRIED 3-1 (Conyers - nay). Mayor Conyers said the motion needs to be transmitted to the County and inquired what action Council wants to take on the bridge concept. MOTION by Holyk/Oberbeck I move that any further discussion of the railroad bridge, who is going to fund it, what it is going to look like, what it's going to cost is going to wait until we resolve exactly what that roadway's going to look like since we've just said no to a twin pairs. ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Reid Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. Regular City Council Meeting July 24, 1991 Page Eight 91.193 15. COUNCIL MATTERS A. Councilman Reid Councilman Reid recommended, with Council concurrence, that the City Manager be directed to lay the groundwork for water and sewer in regard to personnel and space requirements well ahead of time to alleviate any "emergency" situations; requested that discussion of stormwater drainage problems be placed on the next workshop and asked for backup from staff relative to establishing a taxing district (this item will be on the August workshop at the request of Vice Mayor Oberbeck from a previous meeting); requested discussion of home occupational licenses at the workshop; inquired when the City Council would address garage sale regulation; and recommended that Council look into public parks being used for sales of merchandise other than handmade goods. B. Councilman Powell Absent. C. Councilman Holyk Councilman Holyk requested that the resolution regulating ad3ournment of meetings be placed on the workshop agenda for possible amendment to allow each member to speak at each meeting; commended the senior league team members for their achievement; and requested that discussion of Resolution No. R-88-77 be placed on the workshop agenda for possible amendment. D. Vice Mayor Oberbeck RESOLUTION NO. R-91-25 - Designating First Sunday in July as POW-MIA Day (R-91-25) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE FIRST SUNDAY IN JULY OF EACH YEAR AS POW-MIA DAY. Vice Mayor Oberbeck requested that the resolution be adopted so that he may forward copies to various veterans groups and proceeded to read the title. 8 Regular City Council Meeting July 24, 1991 Page Nine 16. 17. 18. MOTION by Holyk/Oberbeck I move we adopt Resolution No. R-91-25. ROLL CALL: Vice Mayor Oberbeck Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye MOTION CARRIED 4-0. CITY ATTORNEY MATTERS None. CITY MANAGER MATTERS The City Manager scheduled, with the concurrence of Council, an executive caucus on Tuesday, July 30, 1991 at 9:00 a.m. (Prior to issuance of these minutes, the caucus has been rescheduled to Thursday, August 1, 1991 at 9:00 a.m.) 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. Councilman Reid officially commended the City Planner for the excellent 3ob she has done thus far. 19. Mayor Conyers adjourned the meeting at 9:45 p.m. at th , 199T~,..~/Z~ Council Meeting. · rs, z~ Kathry~..O'HallOran, City Clerk 9