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Home My WebLink About10241990 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 90.243 90.244 90.244 A G ~. N D A SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 24, 1990 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - None 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation - Red Ribbon Week - Just Say No Council of Indian River County - 10/20/90 through 10/28/90 - (John M. Dobis Accepting) 7. PUBLIC HEARING, FINAL ACTION - None 8. PUBLIC INPUT A. Non-Agenda Items 1. Peter Vallone - Questions Concerning Telephone Log for 1989 (City Telephone Logs) 2. Leonard Bassi - Questions Concerning Telephone Log for 1989 (City Telephone Logs) 1 90.245 90.246 90.028 90.133 90.247 90.248 90.227 George Metcalf - Road Paving Requirements in the City of Sebastian (Letter dated 10/18/90, Memo from IRC PW Director dated 10/15/90) B. Agenda Items 9. CONSENT AGENDA A. Approval of Minutes - 10/10/90 Regular Meeting Bid Award - Golf Course - Ryegrass Seed - Sunbelt Seeds, Inc. - Norcross, GA - $3,900 (Staff Recommendation dated 10/16/90, Bid Tabulation Form) Request for Use of Yacht Club - Pelican Island Jaycees - Club Membership Night - 10/27/90 - 8 p.m. to Midnight - A/B - Permittee Stan Dillahay DOB 4/16/63 - Security on File (Application) 10. PRESENTATIONS Architects' Design Group - Design Development Report for Police Station (City Manager Recommendation dated 10/17/90, Report from ADG, Inc. under separate cover, Petty Memo dated 10/18/09) 11. COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING & ZONING COMMISSION Reappointment of Shirley Kilkelly - Three Year Term - 11/90 to 11/93 (P & Z Memo dated 10/5/90, Letter from Kllkelly dated 10/4/90) Report on Chesser's Gap Preliminary Planned Unit Development (Staff Recommendation dated 9/18/90, P & Z Memo dated 10/15/90, P & Z Minutes dated 10/9/90, Sequence of Events Re: Chesser's Gap PUD) 12. OLD BUSINESS City Manager Contract Extension (City Manager Recommendation dated 10/17/90, City Manager Memo dated 10/18/90, Vincent Resignation dated 4/26/90, Vincent Resume, Airport Manager Employment Agreement 10/20/82, Section 481.229 FS, Lewis Engagement Letter 5/10/89, Standard Fee Schedule for Architectural Services, Letter from Rondeau dated 10/17/90 - Placed at His Request) 2 90.250 90.251 90.252 90.016 ORDINANCE NO. 0-90-11 - Rezoning Tract A - Unit 14 - S/H - RS-lO to C 512 (East of Chesser's Gap on CR 512 - Approximately 10 Acres)(Staff Recommendation dated 9/19/90, P & Z Memo dated 10-5- 90, 0-90-11, Map) FIRST READING, SET PUBLIC HEARING 11/28/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE CENTRAL AREA OF THE CITY, DESCRIBED AS TRACT A OF SEBASTIAN HIGHLANDS SUBDIVISION PLAT UNIT 14, APPROXIMATELY 10 ACRES MORE OR LESS LOCATED SOUTH OF COUNTY ROAD 512, EAST OF STRAIT AVENUE, AND WEST OF SOUTH WIMBROW DRIVE, FROM RS-10 (RESIDENTIAL SINGLE FAMILY) ZONING DISTRICT TO C-512 (COMMERCIAL 512) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-90-42 - Little League Lease (City Manager Recommendation dated 10/16/90, R-90-42, Proposed Lease, Location Plan Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A LEASE AGREEMENT WITH SEBASTIAN RIVER AREA LITTLE LEAGUE, INC., IN A FORM IDENTICAL TO THE LEASE AGREEMENT ATTACHED TO THIS RESOLUTION AS "EXHIBIT A"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Utilization of Main Street Field Lighting - Approve City Manager Recommendation (City Manager Recommendation dated 10/17/90, City Manager Letter dated 10/17/90) RESOLUTION NO. R-90-43 - Golf Course Concession Agreement (City Manager Recommendation dated 10/17/90, R-90-43, Concession Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A CONCESSION AGREEMENT WITH DTF, INC., DENNIS R. FINK AND THERESA L. FINK, IN A FORM IDENTICAL TO THE CONCESSION AGREEMENT ATTACHED TO THIS RESOLUTION AS EXHIBIT "A", WHEREBY DTF, iNCa, WOULD OPERATE THE RESTAURANT AND SNACK BAR IN CONNECTION WITH THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 4 90.253 90.254 14. 15. 16. 17. 18. G. Approve Yacht Club Parking Lot Resurfaclng and Stripping Plan (City Manager Recommendation dated 10/16/90, Mosby Plan dated 10/11/90 Under Separate Cover) MAYOR'S MATTERS COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau CITY ATTORNEY MATTERS CITY MANAGER MATTERS A. Report on Chesser's Gap Water Service (City Manager Recommendation dated 10/16/90, IRC Pinto Letter dated 9/11/90, GDU Betschart Letter dated 10/4/90, Mosby Letter to IRC dated 10/10/90, Mosby Letter to City dated 10/10/90) 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 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, OCTOBER 24, 1990 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Conyers called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. The City Manager gave the invocation. 4. ROLL CALL Present: Mayor W.E. Conyers Councilman Robert McCollum Vice Mayor Frank Oberbeck Councilman Lonnie Powell Absent: Councilman Lloyd Rondeau (excused) Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper Chief of Police, Earle Petty City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting October 24, 1990 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Mayor Conyers suggested that the City of Sebastian follow guidelines, as recommended by State and Local Health Departments, for children to celebrate Halloween on Saturday, October 27, 1990 from 3:00 p.m. to 5:00 p.m. due to the encephalitis problem. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 90.243 Proclamation - Red Ribbon Week - Just Say No Council of Indian River County - 10/20/90 through 10/28/90 - (John M. Dobis Accepting) Mayor Conyers read and presented the proclamation to John M. Dobis. Officer Dobis commended Council and Police Department members for their support for Just Say No programs. 7. PUBLIC HEARING, FINAL ACTION None. 8. PUBLIC INPUT A. Non-Agenda Items 90.244 Peter Vallone - Questions Concerning Telephone Log ~or 1989 (City Telephone Logs) Peter Vallone, 171 Delaware Avenue, Sebastian, requested that Council look into City phone bills from 1989 including calls from a hospital in Brookline, Massachusetts. 90.244 Leonard Bassi - Questions Concerning Telephone Log for 1989 (City Telephone Logs) Leonard Bassi, 573 Browning Terrace, Sebastian, questioned prerequisites established by a previous Council in the hiring of the Building Official. 90.245 George Metcalf - Road Pavin~ Requirements in the Cit~ of Sebastian (Letter dated 10/18/90, Memo from IRC PW Director dated 10/15/90) George Metcalf, 425 Pine Street, Sebastian, expressed concern for City road paving design and construction methods. 2 Regular City Council Meeting October 24, 1990 Page Three B. Agenda Items Tom Wojokowski, Sebastian, commended Council for recent City and Golf Course improvements, urged approval of the Golf Course concession agreement, and urged appointment of Jim DeLarme as Golf Course Pro/Manager. Chuck Neuberger, 357 Melrose Lane, Sebastian, urged approval of the City Manager's contract extension. Vice Mayor Oberbeck was excused from 7:35 p.m. to 7:36 p.m. A1Vilardi, Georgia Boulevard, Sebastian, expressed concern for time frame for reimbursement for the Main Street realigment, requested funding for drainage, and expressed concern for the rezoning of Tract A, the use of the Barber Street concession, and use of Main Street field lights. Randy Mosby, Mosby & Associates, explained design methods for City road paving. Ruth Paasch, 219 Cedar Street, Sebastian, urged approval of the City Manager's contract extension. 9. CONSENT AGENDA A. Approval of Minutes - 10/10/90 Regular Meeting 90.246 Bid Award - Golf Course - Ryegrass Seed - Sunbelt Seeds, Inc. - Norcross, GA - $3,900 (Staff Recommendation dated 10/16/90, Bid Tabulation Form) 90.028 Request for Use of Yacht Club - Pelican Island Jaycees - Club Membership Night - 10/27/90 - 8 p.m. to Midnight - A/B - Permittee Stan Dillahay DOB 4/16/63 - Security on File (Application) MOTION by McCollum/Oberbeck I move we approve the Consent Agenda. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. 3 Regular City Council Meeting October 24, 1990 Page Four 10. PRESENTATIONS 90.133 A. Architects' Design Group ~ Design Development Report for Police Station (City Manager Recommendation dated 10/17/90, Report from ADG, Inc. under separate cover, Petty Memo dated 10/18/09) Vice Mayor Oberbeck presented a revised plan of the police facility including a supply room, relocation of doors and a change in the front entrance to allow seating in the lobby. Bill Hegert, Architects' Design Group, presented the proposed site plan for the facility which included a secured parking area for police vehicles. Discussion took place on whether it was necessary to utilize the existing driveway and City Council and the City Manager requested that Architects' Design Group provide them with alternative site plans which give the building higher visibility. MOTION by Oberbeck/Powell I move we go ahead and give Architects' Design Group the approval to go ahead with the finished architectural drawings including the changes that we submitted tonight. ROLL CALL: Councilman McCollum Vice Mayor Oberbeck Councilman Powell Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. Mayor Conyers called recess at 8:15 p.m. and reconvened the meeting at 8:30 p.m. Ail Council members present at the call of the meeting were present. Regular City Council Meeting October 24, 1990 Page Five 11. COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING & ZONING COMMISSION 90.247 1. Reappointment of Shirley Kilkelly - Three Year Term - 11/90 to 11/93 (P & Z Memo dated 10/5/90, Letter from Kilkelly dated 10/4/90) MOTION by Oberbeck/McCollum I move we reappoint Shirley Kilkelly to a three year term on the Planning and Zoning Commission. VOICE VOTE on the motion carried 4-0. 90.248 e Report on Chesser's Gap Preliminary Planned Unit Development (Staff Recommendation dated 9/18/90, P & Z Memo dated 10/15/90, P & Z Minutes dated 10/9/90, Sequence o~f Events Re: Chesser's ~ PUD) The City Manager recommended that this item be deferred to the November 7, 1990 workshop. MOTION by Oberbeck/McCollum I move we postpone action on Chesser's Gap preliminary planned unit development until the November 7, 1990 meeting. VOICE VOTE on the motion carried 4-0. 12. OLD BUSINESS 90.227 City Manager Contract Extension (City Manager Recommendation dated 10/17/90, ~ Manager Memo dated 10/18/90, Vincent Resignation dated 4/26/90, Vincent Resume, Airport Manager Employment Agreement 10/20/82, Section 481.229 Fs, Lewis Engagement Letter 5/10/89, Standard Fee Schedule for Architectural Services, Letter from Rondeau dated 10/17/90 ~ Placed at His Request) The City Manager responded to questions regarding the City Manager's actions submitted by Vice Mayor Oberbeck and questions addressed by Peter Vallone regarding phone bills. A lengthy discussion ensued as each Councilman critiqued the City Manager's performance. 5 Regular City Council Meeting October 24, 1990 Page Six 90.240 90.198 MOTION by McCollum/Powell I move we extend the City Manager's contract for the additional year. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Mayor Conyers Councilman McCollum aye aye aye aye MOTION CARRIED 4-0. Bid Award - Barber Street Sports Complex Dugouts and Scorekeeper Booths_- Capp Custom BuildersL Inc. - $38,741.06 (City Manager Recommendation dated 10/14/90, City Manager MemO dated 10/15/90, Bid Tabulation Form) MOTION by Powell/Oberbeck I move we award the bid for the Barber Street Sports Complex scorekeeper booths and dugouts to Mr. Capp. ROLL CALL: Councilman Powell Mayor Conyers Councilman McCollum Vice Mayor Oberbeck aye aye aye aye MOTION CARRIED 4-0. 13. NEW BUSINESS ORDINANCE NO. 0-90-10 - Alcoholic Beverages - Hours of Sales (City Manager Recommendation dated 10/16/90, 0-90-10) FIRST READING, SET PUBLIC HEARING 11/14/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ALCOHOLIC BEVERAGES; AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 4-2 TO EXPAND THE HOURS OF SALES OF ALCOHOLIC BEVERAGES PERMITTED ON SUNDAYS; AMENDING SECTION 4-2 TO PROVIDE FOR THE CITY COUNCIL OF THE CITY OF SEBASTIAN TO HAVE THE AUTHORITY TO EXTEND THE HOURS FOR THE SALE OF ALCOHOLIC BEVERAGES ON NEW YEAR'S DAY; 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. Regular City Council Meeting October 24, 1990 Page Seven The City Attorney read Ordinance No. 0-90-10 by title only. MOTION by McCollum/Oberbeck I move we set the public hearing for November 14, 1990 for Ordinance No. O-90-10. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. 90.249 ORDINANCE NO. O-90-14 - Convenience Store Security (City Manager Recommendation dated 10/17/90, Attorney Letter dated 10/15/90, 0-90- 14) FIRST READING, SET PUBLIC HEARING 11/14/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A CONVENIENCE STORE SECURITY ORDINANCE; AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OR THE CITY OF SEBASTIAN; PROVIDING FOR DEFINITION; PROVIDING FOR REQUIREMENTS OF CONVENIENCE STORE SECURITY MEASURES; PROVIDING FOR THE TRAINING OF EMPLOYEES IN CONVENIENCE STORES; PROVIDING FOR FINES AND PENALTIES VIOLATION; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; 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. O-90-14 by title only. MOTION by Oberbeck/Powell I move we set public hearing on November 14, 1990 for Ordinance No. O-90-14. The City Attorney suggested minor modifications in concurrence with the recommendation of the Chief of Police to add the words "and window tinting" and "or tinting" after the words "tenting" on page three paragraph eight. Regular City Council Meeting October 24, 1990 Page Eight 90.250 MOTION by Oberbeck/Powell I move we amend the main motion to include a modification to paragraph eight of 22-2 "Convenience Store Security" to add the words "and window tinting" and "or tinting" in the two locations in paragraph eight after "tenting" so we're covered on both bases. ROLL CALL: (amendment) Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. Discussion took place on what party will be responsible for conducting training programs as mandated by the ordinance. The City Attorney said the Police Department is not mandated by state statute to be the responsible party but Council concurred, with the concurrence of the Chief,that the Police Department could implement such a program. ROLL CALL: (main motion) Councilman McCollum Vice Mayor Oberbeck Councilman Powell Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. ORDINANCE NO. O-90-11 - Rezoning Tract A - Unit 14 - S/H - RS-lO to C 512 (East of Chesser's Gap on CR 512 - Approximately 10 Acres)(Staff Recommendation dated 9/19/90, P & Z Memo dated 10-5- 90, O-90-11, Map) FIRST READING, SET PUBLIC HEARING 11/28/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE CENTRAL AREA OF THE CITY, DESCRIBED AS TRACT A OF SEBASTIAN HIGHLANDS SUBDIVISION PLAT UNIT 14, APPROXIMATELY 10 ACRES MORE OR LESS LOCATED SOUTH OF COUNTY ROAD 512, EAST OF STRAIT AVENUE, AND WEST OF SOUTH WIMBROW DRIVE, FROM RS-10 (RESIDENTIAL SINGLE FAMILY) ZONING DISTRICT TO C-512 (COMMERCIAL 512) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 8 Regular City Council Meeting October 24, 1990 Page Nine The City Attorney read Ordinance No. O-90-11 by title only. MOTION by Oberbeck/McCollum I move we accept the first reading of Ordinance No. 0-90-11 and set it for public hearing on November 28, 1990. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Mayor Conyers Councilman McCollum aye aye aye aye MOTION CARRIED 4-0. Mayor Conyers called recess at 9:22 p.m. and reconvened the meeting at 9:30 p.m. Ail Council members present at the call of the meeting were present. 90.251 RESOLUTION NO. R-90-42 - Little League Lease (City Manager Recommendation dated 10/16/90, R-90-42, Proposed Lease, Location Plan Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CiTY CLERK TO SIGN, ON BEHALF OF THE CITY, A LEASE AGREEMENT WITH SEBASTIAN RIVER AREA LITTLE LEAGUE, INC., IN A FORM IDENTICAL TO THE LEASE AGREEMENT ATTACHED TO THIS RESOLUTION AS "EXHIBIT A"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-90-42 by title only. The City Manager noted that one addition had been made to the agreement that states the Little League will not be held responsible for natural disasters or other acts of God that may do damage to the facility. Subsequent to a brief discussion, motion was made as follows. MOTION by Oberbeck/Powell I move we adopt Resolution No. R-90-42 and authorize the Mayor and City Clerk to sign the lease agreement between the City of Sebastian and the Sebastian River Area Little League. Regular City Council Meeting October 24, 1990 Page Ten 90.252 90.016 ROLL CALL: Councilman Powell Mayor Conyers Councilman McCollum Vice Mayor Oberbeck aye aye aye aye MOTION CARRIED 4-0. Utilization of Main Street Field Lighting L Approve ~ Manager Recommendation (City Manager Recommendation dated 10/17/90, City Manager Letter dated 10/17/90) MOTION by Oberbeck/McCollum I move we accept the recommendation of the City Manager as outlined in his memo dated October 17, 1990 (see attached). ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. RESOLUTION NO. R-90-43 - Golf Course Concession Agreement (City Manager Recommendation dated 10/17/90, R-90-43, Concession Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A CONCESSION AGREEMENT WITH DENNIS R. FINK AND THERESA L. FINK, IN A FORM iDENTICAL TO THE CONCESSION AGREEMENT ATTACHED TO THIS RESOLUTION AS "EXHIBIT A"; WHEREBY DENNIS R. FINK AND THERESA L. FINK WOULD OPERATE THE RESTAURANT AND SNACK BAR IN CONNECTION WITH THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-90-43 by title only. MOTION by Oberbeck/McCollum i move we approve Resolution No. R-90-43 the concession agreement for Sebastian Municipal Golf Course. 10 Regular City Council Meeting October 24, 1990 Page Eleven 90.253 The City Manager recommended an effective date of November 16, 1990 and reported that the fire inspector had discovered today that the main hood fire extinguishing equipment over the main stove was not in compliance and also found a lack of an extinguisher over a residential type stove. He recommended that the city correct the main hood extinguisher at a price range of $500 to $1300 and that the Fink's be responsible for any additional extinguishers. Vice Mayor Oberbeck and Councilman McCollum added to the motion "that we go ahead and make the mandatory repairs to the fire hood" ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Rondeau aye aye aye aye MOTION CARRIED 4-0. The City Manager introduced Dennis and Theresa Fink. Approve Yacht Club Parking Lot Resurfacing and Striping Plan (City Manager Recommendation dated 10/16/90, Mosby Plan dated 10/11/90 Under Separate Cover) The City Manager explained the plan and stated that the cost would not exceed $12,000. MOTION by McCollum/Oberbeck I move we approve the yacht club parking lot resurfacing and striping plan. ROLL CALL: Councilman MCCollum Vice Mayor Oberbeck Councilman Powell Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. 14. MAYOR'S MATTERS Mayor Conyers said he had been requested to act as King Neptune for a March of Dimes being November 11, 1990 and inquired as to whether Councilmembers or staff could assist him and discussed future road paving. 11 Regular City Council Meeting October 24, 1990 Page Twelve 15. COUNCIL MATTERS A. Vice Mayor Oberbeck Vice Mayor Oberbeck reported on his attendance at the Indian River County Transportation Planning Committee meeting and suggested that Council look into establishing a special tax district for drainage and building recharge basins to return water to the aquifer. B. Councilman McCollum Councilman McCollum discussed access for drainage ditch clearing; reported on his attendance at the Indian River County Land Acquisition Meeting and questioned staff on new airport zoning restrictions. C. Councilman Powell Councilman Powell reported on his attendance at the Indian River County Ad Hoc Fire Committee meeting; questioned whether the alley south of CR 512 could be closed to traffic; questioned whether the City Manager had looked into the problem for children on bicycles ad3acent to Sebastian Elementary; and questioned the progress of pine tree removal on Indian River Drive and Mr. Figg's drainage problem. Vice Mayor Oberbeck recommended that Council investigate securing Indian River Drive from the County to begin development of the Riverfront District. D. Councilman Rondeau Absent. 16. CITY ATTORNEY MATTERS The City Attorney said certain municipalities are creating stormwater utilities to deal with drainage problems and gave progress reports on the politicial sign ordinance, accessory building ordinance, fence ordinance, DER consent order, nudity ordinance and the opinion letter regarding the fiscal 89 audit. 12 Regular City Council Meeting October 24, 1990 Page Thirteen 17. CITY MANAGER MATTERS 90.254 A. Report on Chesser's Gap Water Service (City Manager Recommendation dated 10/16/90, IRC Pinto Letter dated 9/11/90, GDU Betschart Letter dated 10/4/90, Mosby Letter to IRC dated 10/10/90, Mosby Letter to City dated 10/10/90) The City Manager recommended that City Council authorize the City Attorney to draft the proper documents to amend franchises to exclude Chesser's Gap PUD from the Indian River County water franchise and include it in the General Development Utilities water franchise. MOTION by Oberbeck/McCollum I move to that effect. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. The City Manager responded to Leonard Bassi's concerns by stating Bruce Cooper has met all conditions of his employment. 18. Being no further business, Mayor Conyers ad3ourned the meeting at 10:29 p.m. Approved at the ~L,~f~~/~, / Kathryn ~. O'Halloran, City Clerk 1990 "7 ?c/..~-~.' Council Meeting. 13 City of Sebastian POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 October 17, 1990 Mrs. Joan Brock President Sebastian River Area Little League Association C/O Rene G. Van DeVoorde, Esq. 1327 North Central Avenue Sebastian, FL 32958 Re: Main Street Field Lighting Dear Joan: The proposed lease agreement between the Sebastian River Area Little League Association and the City of Sebastian did not contain a provision relating to the disposition of the field lights located at the existing Main Street little league field. These lights were purchased and installed exclusively at the expense of the Little League Association. As we have discussed, it is our intent to disassemble the field lighting and poles at the existing facilities and to reuse the lighting fixtures at the football/soccer field at the Barber Street Sports Complex. In the event the City does not use these fixtures at that location, then it would be our intent to sell them at public auction, in which case the proceeds would go directly to the Little League Association, or to use them at another public recreation facility provided you would agree in writing at the time. I must add a disclaimer that I do not have the authority under current City Code to commit the City to this arrangement. Therefore, I am requesting ratification by the City Council at their upcoming meeting of October 24, 1990. It has been a real pleasure to work with the Little League Association during the development of the Barber Street Sports Complex and we look forward to working with you in the future. Sincerely, RSM/jmt Robert S. McClary City Manager