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HomeMy WebLinkAbout10281992 City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 REVISED AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 28, 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 Grant McDonald, Sebastian Highlands Baptist 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 92.281 Proclamation - Veterans of Foreign Wars - Buddy Poppy Days - 11/6/92 and 11/7/92 (George Metcalf Accepting) 92.272 92.282 92.283 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. 0-92-23 - Adopting and Enacting New Code of Ordinances AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING THE CODE OF ORDINANCES; AND PROVIDING WHEN THE NEW CODE OF ORDINANCES AND THIS ORDINANCE SHALL BE EFFECTIVE. (lst Reading 10/14/92, Advertised Sebastian Sun 10/16/92, Public Hearing 10/28/92) 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. Approval of Minutes - October 14, 1992 Regular Meeting Waiver of Bidding Procedure - State Contract - Public Works Tractor Purchase - Ford New Holland - $16,545 (Staff Recommendation dated 10/16/92) Receive Code Enforcement Orders - Case Nos. 92- 6531 (DiMaio), 92-6909 (Sturm), and 92-6993 (Slavens) 92.284 92.285 92.286 92.295 92.296 92.297 92.298 10. 11. Rotary Club - Request for Use of Community Center - 11/21/92 - 6 p.m. to Midnight - Thanksgiving Benefit Turkey Raffle and Dance - A/B - Rental Fee Waiver and Impose Admission Fee - Permittee DOB 6/30/49 (City Clerk Recommendation dated 10/21/92, Rotary Letter dated 10/21/92) Miguel Raya - Request to Use Community Center - Wedding Reception - 1/2/93 - 2 p.m. to 8 p.m. - A/B - Security Paid - Permittee DOB 3/1/69 (City Clerk Recommendation dated 10/21/92, Application) U.S. Fish and Wildlife Service - Request to Use Riverview Park - "Pelican island Day" - 3/14/93 (Staff Recommendation dated 10/22/92, Whitmore Letter dated 10/14/92) Lease of Personal Equipment and Software - Engineering Department - Direct City Attorney to Prepare Lease (Staff Recommendation dated 10/14/92) Waiver of Bidding Procedure - Purchase 16.8 Tons of 14-0-4 Scotts Nitrogen/Potassium Fertilizer - Scoffs Fertilizer of Pompano Beach, FL - $13,702.50 (Staff Recommendation dated 10-14-92, GC Superintendent Memo dated 10/8/92, Scotts' Letter dated 9/23/92) Waiver of Bidding Procedure - State Contract Price - Purchase Five 1993 Chevrolet Caprice Classic Police Pursuit Vehicles - $57,888.75 (Staff Recommendation dated 10/14/92, Chief of Police Memo dated 10/9/92) Waiver of Bidding Procedure - GSA Contract Price - Purchase Hewlett-Packard III D Laser Printer - MICROAGE National - $2,174.26 Plus Shipping (Staff Recommendation dated 10/14/92, City Clerk Memo dated 10/14/92, NCR Proposal and Backup) PRESENTATIONS - None MAYOR AND CITY COUNCIL MATTERS A. Mayor Lonnie R. Powell B. Mr. Frank Oberbeck C. Mrs. Carolyn Corum D. Dr. Peter R. Holyk E. Mr. George G. Reid 3 92.299 92.287 92.288 92.289 92.290 92.291 12. 13. CITY ATTORNEY MATTERS CITY MANAGER MATTERS Add Purchase of Public Works 16 Foot Stake Body Dump Truck to 92/93 FY Budget and Proceed with Bidding Procedure (Staff Recommendation dated 10/13/92, City Engineer Memo dated 10/13/92, ASsistant Public Works Director Memo dated 10/13/92) 14. COMMITTEE REPORTS/RECOMMENDATIONS 15. 16. A. CONSTRUCTION BOARD Approve Reappointment of Charles Neuberger to Regular Member Position - Three Year Term to Expire 9/30/95 (Staff Recommendation dated 10/16/92, Six Applications) Approve Appointment of Jerald Smith to Regular Member Position - Unexpired Vacated by Gerald Carey - Term to 9/30/93 (See Above) Approve Appointment of Truman Smith to Alternate Concerned Citizen Position - Three Year Term to Expire 9/30/95 (See Above) Approve Appointment of Nyra Enlow to Alternate Concerned Citizen Position - Three Year Term to Expire 9/30/95 (See Above) OLD BUSINESS - None NEW BUSINESS Bid Waiver - GSA Price - Purchase Computer Software for Utility Billing (Staff Recommendation dated 10/21/92, Mentor Component Detail) 4 92.292 17. RESOLUTION NO. R-92-42 - Acceptance of South Fleming Street Right-of-Way and Improvements (Staff Recommendation dated 10/22/92, R-92-42, Warranty Agreement, Mosby Letter dated 9/29/92, City Engineer Memo dated 9/24/92) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE DEDICATION OF A PORTION OF THAT CERTAIN RIGHT-OF-WAY KNOWN AS THE SOUTH FLEMING STREET LOCATED WITHIN THAT CERTAIN SUBDIVISION KNOWN AS CHESSER'S GAP; ACCEPTING IMPROVEMENTS TO SAID RIGHT-OF-WAY FOR ALL PURPOSES; PROVIDING FOR RECORDING IN THE OFFICIAL RECORDS IN AND FOR INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 92.293 A. 92.294 B. Mack R. Cobb - Manager, Aspen Whispering Palms - Present Petition - Request Indian River County to Remove Signs - Intersection of CR 512 and CR 510 (City Clerk Recommendation dated 10/21/92, Cobb Letter) Fred Stieler - Present Petition - Request City of Sebastian to Cease Plans to Open Wave Street as Thoroughfare (City Clerk Recommendation dated 10/22/92, Stieler Letter) 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.) OCTOBER 28, 1992 REGULAR CITY COUNCIL MEETING PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET (Use this form O~[L~ for input on items on the prepared agenda except for public hearings which have their own signup sheets. If you wish ,to speak during~he actual discussion of the matter SUBJECT: ~ ~J ~'..:~ '"'%~ ~-~.~. ~.~ 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: OCTOBER 28, 1992 REGULAR CiTY COUNCIL MEETING PUBLIC HEARING SIGNUP SHEET 92.272 A. ORDINANCE NO. 0-92-23 - Adopting and Enacting New Code of Ordinances AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING THE CODE OF ORDINANCES; AND PROVIDING WHEN THE NEW CODE OF ORDINANCES AND THIS ORDINANCE SHALL BE EFFECTIVE. (lst Reading 10/14/92, Advertised Sebastian Sun 10/16/92, Public Hearing 10/28/92) NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: OCTOBER 28, 1992 REGULAR CITY COUNCIL MEETING INTRODUCTION OF BUSINESS FROM THE PUBLIC SIGNUP SHEET (Use this form ~Z~ for presentation of matters ~ on the prepared agenda. Introduction of Business from the Public is the last item on the agenda) 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: 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 28, 1992 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. Mayor Powell called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Reverend Grant McDonald, Sebastian Highlands Baptist Church. 4. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Dr. Peter Holyk Mr. George Reid Absent: Mrs. Carolyn Corum (excused) Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Mike Hudkins Golf Course Superintendent, Chris McCarthy Deputy City Clerk, Sally Maio Administrative Secretary, Joanne Sandberg Regular City Council Meeting October 28, 1992 Page Two 92.281 92.272 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). None. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS Proclamation - Veterans o__f Foreign Wars - Buddy Poppy Days - Y1/6/92 and 11/7/92 (George Metcalf Accepting) Mayor Powell read and presented the proclamation to George Metcalf, who in turn introduced members of the VFW Ladies Auxiliary Post 10210. 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. 0-92-23 - Adopting and Enacting New Code of Ordinances AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING THE CODE OF ORDINANCES; AND PROVIDING WHEN THE NEW CODE OF ORDINANCES AND THIS ORDINANCE SHALL BE EFFECTIVE. (lst Reading 10/14/92, Advertised Sebastian Sun 10/16/92, Public Hearing 10/28/92) 2 Regular City Council Meeting October 28, 1992 Page Three Mayor Powell opened the public hearing at 7:07 p.m., the City Attorney read Ordinance No. 0-92-23 by title only and being no input, he closed the public hearing at 7:08 p.m. MOTION by Holyk/Oberbeck I would move that we adopt Ordinance 0-92-23 adopting and enacting the new code of ordinances. ROLL CALL: Mr. Oberbeck aye Mrs. Corum absent Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 4-0 (Corum absent) 8. PUBLIC INPUT ON AGENDA ITEMS All individuals signed up chose to speak prior to deliberation of the agenda item. 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. 92.282 Approval of Minutes - October 14, 1992 Regular Meeting Waiver of Bidding Procedure - State Contract - Public Works Tractor Purchase - Ford New Holland - $16,545 (Staff Recommendation dated 10/16/92) 92.283 Receive Code Enforcement Orders - Case Nos. 92- 6531 (DiMaio), 92-6909 (Sturm), and 92-6993 (Slavens) 92.284 92.285 Rotary Club - Request for Use of Community Center - 11/21/92 - 6 p.m. to Midnight - Thanksgiving Benefit Turkey Raffle and Dance - A/B - Rental Fee Waiver and Impose Admission Fee - Permittee DOB 6/30/49 (City Clerk Recommendation dated 10/21/92, Rotary Letter dated 10/21/92) Miguel Raya - Request to Use Community Center - Wedding Reception - 1/2/93 - 2 p.m. to 8 p.m. - A/B - Security Paid - Permittee DOB 3/1/69 (City Clerk Recommendation dated 10/21/92, Application) 3 Regular City Council Meeting October 28, 1992 Page Four 92.286 F. U.S. Fish and Wildlife Service - Request to Use Riverview Park - "Pelican Island Day" - 3/14/93 (Staff Recommendation dated 10/22/92, Whitmore Letter dated 10/14/92) 92.295 G. Lease of Personal Equipment and Software - Engineering Department - Direct City Attorney to Prepare Lease (Staff Recommendation dated 10/14/92) 92.296 H. Waiver of Bidding Procedure - Purchase 16.8 Tons of 14-0-4 Scoffs Nitrogen/Potassium Fertilizer - Scoffs Fertilizer of Pompano Beach, FL - S13,702.50 (Staff Recommendation dated 10-14-92, GC Superintendent Memo dated 10/8/92, Scotts' Letter dated 9/23/92) 92.297 I. Waiver of Bidding Procedure - State Contract Price - Purchase Five 1993 Chevrolet Caprice Classic Police Pursuit Vehicles - $57,888.75 (Staff Recommendation dated 10/14/92, Chief of Police Memo dated 10/9/92) 92.298 J. Waiver of Bidding Procedure - GSA Contract Price - Purchase Hewlett-Packard III D Laser Printer - MICROAGE National - $2,174.26 Plus Shipping (Staff Recommendation dated 10/14/92, City Clerk Memo dated 10/14/92, NCR Proposal and Backup) The City Manager read the consent agenda in its entirety. Mr. Oberbeck removed items D and G. Mayor Powell inquired whether a security deposit is required for Riverview Park. The City Manager said a deposit is currently being charged to ensure standard conditions that are imposed for special events. MOTION by Oberbeck/Holyk I would move that we approve items A, B, C, E, F, H, I and J. ROLL CALL: Mrs. Corum absent Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye MOTION CARRIED 4-0. 4 Regular City Council Meeting October 28, 1992 Page Five Item D In response to Mr. Oberbeck, the Finance Director responded that security has been paid on this item. MOTION by Oberbeck/Holyk I would move that we approve item D. ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum absent MOTION CARRIED 4-0. (Corum absent) Item G Mr. Oberbeck commended the City Engineer for his offer to lease the city his personal computer equipment. MOTION by Oberbeck/Reid I move that we approve item G of the consent agenda. 10. ROLL CALL: Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum absent Dr. Holyk aye MOTION CARRIED 4-0. (Corum absent) PRESENTATIONS None. 11. MAYOR AND CITY COUNCIL MATTERS A. Mayor Lonnie R. Powell Mayor Powell suggested that staff request Dr. Fischer to avoid using Riviera Street for dump truck traffic to San Sebastian Springs to provide increased safety for children walking on that street; announced that the North County High School groundbreaking will take place on November 2, 1992; said he would be unable to Regular City Council Meeting October 28, 1992 Page Six 12. attend the ribbon cutting of the Environmental Learning Center on November 14, 1992 and Mr. Reid volunteered; asked the City Engineer to look into the sod recently placed on the side of Barber Street; discussed recent newspaper editorials and articles; disagreed with comments that Sebastian is being laughed at; and urged residents to become aware of issues prior to commenting on them and to get involved. B. Mr. Frank Oberbeck The Director of Community Development, in response to Mr. Oberbeck, said a Sebastian Lakes agreement amendment resolution will be on the 11/4/92 agenda; announced that the traffic light will be installed at CR 512 and Fleming Street; announced that a new air-conditioning unit has been installed in the City Council chambers; and expressed disbelief that people are opposing the proposed Sam's store in Vero Beach. C. Mrs. Carolyn Corum Absent. D. Dr. Peter R. Holyk Dr. Holyk encouraged people to vote on Election Day; disagreed with comments that Sebastian is being laughed at; and inquired whether anything had been heard regarding the airport runways to which the City Manager responded that he had requested a list of possible alternatives and a redraft of the proposed master plan from the airport consultants. E. Mr. George G. Reid None. Mayor Powell questioned the city being turned down for grant funds for renovation of City Hall. CITY ATTORNEY MATTERS The City Attorney said a meeting had been held with Skydive Sebastian representatives and that Attorney Rick Torpy will attend the next workshop and present a report on the meeting. Regular City Council Meeting October 28, 1992 Page Seven 92.299 13. Mr. Oberbeck urged residents to obtain a sample ballot. CITY MANAGER MATTERS The City Manager recommended that the city pursue special legislation for enclave annexations as had been done last year and it was the consensus of City Council for staff to proceed. Add Purchase of Public Works 16 Foot Stake Body Dump Truck t~o 92/93 FY Budget and Proceed with Bidding Procedure (Staff Recommendation dated 10/13/92, City Engineer Memo dated 10/13/92, Assistant Public Works Director Memo dated 10/13/92) The City Engineer explained that this item had been left out of the 92/93 fiscal year budget due to an oversight on his part and Justified its need. Mr. Oberbeck suggested that funds saved in the capital improvements budget appropriated for the purchase of police vehicles be used for this purchase rather than use of reserves. MOTION by Holyk/Oberbeck I would go ahead and make a motion that we add the purchase for public works to purchase a sixteen foot stake body dump truck and move the funds saved from the Police Department to the Public Works to buy this truck. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum absent Dr. Holyk aye Mr. Reid aye MOTION CARRIED 4-0. (Corum absent) Regular City Council Meeting October 28, 1992 Page Eight 14. COMMITTEE REPORTS/RECOMMENDATIONS A. CONSTRUCTION BOARD 92.287 1. 92.288 92.289 92.290 Approve Reappointment of Charles Neuberger to Regular Member Position - Three Year Term to Expire 9/30/95 (Staff Recommendation dated 10/16/92, ~x Applications) MOTION by Oberbeck/Holyk I would move that we approve the reappointment of Charles Neuberger as a regular member position. VOICE VOTE on the motion carried 4-0. (Corum absent) Approve Appointment of Jerald Smith to Regular Member Position - Unexpired Term Vacated b_~ Gerald Carey - Term to 9/30/93 (See Above) MOTION by Oberbeck/Reid I would move that we approve the appointment of Jerald Smith to regular member position for the unexpired vacated term by Gerald Carey term to 9/30/93. VOICE VOTE on the motion carried 4-0. (Corum absent) Approve Appointment of Truman Smith to Alternate Concerned Citizen Position - Three Year Term to Expire 9/30/95 (See Above) MOTION by Oberbeck/Reld I would move that we approve the appointment of Truman Smith to alternate concerned citizen position three year term to expire 9/30/95. VOICE VOTE on the motion carried 4-0. (Corum absent) Approve Appointment of Nyra Enlow to Alternate Concerned Citizen Position - Three Year Term to Expire 9/30/95 (See Above) MOTION by Oberbeck/Reid I would move that we approve the appointment of Nyra Enlow to the alternate concerned citizen position for a three year term to expire 9/30/95. VOICE VOTE on the motion carried 4-0. (Corum absent) Regular City Council Meeting October 28, 1992 Page Nine 15. OLD BUSINESS None. 16. NEW BUSINESS 92.291 A. Bid Waiver - GSA Price - Purchase Computer Software for Utility Billing (Staff Recommendation dated 10/21/92, Mentor Component Detail) The Finance Director explained the need for utility billing software. TAPE I - SIDE II MOTION by Oberbeck/Holyk I would move that we approve the request of staff and bid waiver for GSA price purchase computer software for utility billing. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum absent Dr. Holyk aye Mr. Reid aye MOTION CARRIED 4-0. (Corum absent) 92.292 RESOLUTION NO. R-92-42 - Acceptance of South Fleming Street Right-of-Way and Improvements (Staff Recommendation dated 10/22/92, R-92-42, Warranty Agreement, Mosby Letter dated 9/29/92, City Engineer Memo dated 9/24/92) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE DEDICATION OF A PORTION OF THAT CERTAIN RIGHT-OF-WAY KNOWN AS THE SOUTH FLEMING STREET LOCATED WITHIN THAT CERTAIN SUBDIVISION KNOWN AS CHESSER'S GAP; ACCEPTING IMPROVEMENTS TO SAID RIGHT-OF-WAY FOR ALL PURPOSES; PROVIDING FOR RECORDING IN THE OFFICIAL RECORDS iN AND FOR INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-92-42 by title only. 9 Regular City Council Meeting October 28, 1992 Page Ten 17. 92.293 The Director of Community Development reiterated staff recommendation to accept perpetual maintenance of roadway improvements and drainage system. MOTION by Oberbeck/Holyk I would move that we approve Resolution No. R-92-42 the acceptance of South Fleming Street right- of-way and improvements. ROLL CALL: Mr. Oberbeck aye Mrs. Corum absent Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 4-0. (Corum absent) Mayor Powell called recess at 7:55 p.m. and reconvened the meeting at 8:06 p.m. All members present at roll call were present when the meeting reconvened. Mr. Oberbeck presented a copy of the sample ballot. 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) Mack R. Cobb - Manager, Aspen Whispering Palms - Present Petition - Request Indian River County t__o Remove Signs - Intersection of CR 512 and CR 510 (City Clerk Recommendation dated 10/21/92, Cobb Letter) Mack R. Cobb, 229 Bell Allen Circle, Whispering Palms Mobile Home Park, representing approximately 116 local businesses, presented additional signatures. He stated that signs erected at CR 510 and CR 512 diverting traffic away from Sebastian are a detriment to Sebastian businesses and requested that City Council formally request removal of the signs. A lengthy discussion ensued regarding safety and traffic issues, current placement of the signs and whether better posting can be achieved to direct business traffic into Sebastian or whether the signs should simply be removed. 10 Regular City Council Meeting October 28, 1992 Page Eleven It was the consensus of City Council to direct the City Manager to call the county and see what can be done and then bring a report back to the next meeting. 92.294 Fred Stieler - Present Petition - Request City of Sebastian__t° Cease Plans to Open Wave Street as Thoroughfare (City Clerk Recommendation dated 10/22/92, Stieler Letter) Fred Stieler, 1033 George Street, presented a draft of his presentation to City Council, (see attached) and urged City Council to cease plans to open Wave Street. Charles Silva, 414 Tulip, presented a diagram demonstrating, in his opinion, those traffic problems which will be created if Wave Street is opened. TAPE II - SIDE I Rudy Cadziala, 785 George Street, addressed City Council. The City Manager reiterated staff recommendation to open Wave Street since, despite concerns expressed, staff believes it is in the best interest of the community. City Council concurred that this is the best solution to temporarily alleviate traffic problems on CR 512. Following a lengthy discussion, Mr. Stieler requested that if City Council decides to proceed with the opening would it consider conducting a traffic study on George Street, install speed bumps or speed signs. Staff said additional speed limit signs could be posted. Other Matters Bob Freeland, 733 Wentworth Street, requested that the City Manager send a letter to airport consultants asking that they show, in the master plan, alternatives for placement of the llth hole of the Golf Course if no waiver for it can be obtained. The City Manager said he had contacted consultants to see what alternatives are available and asked them to present them in their report. 11 Regular City Council Meeting October 28, 1992 Page Twelve TAPE II - SIDE II The City Manager said he would put his request to the consultants in writing. 18. Being no further business, Mayor Powell adjourned the meeting at 9:39 p.m. , 1992 ~~ Council Meeting. , ~i~ . Powell, Mayor Kathry~ M. O'Halloran, City Clerk 12 Presentation by ~r. Stieler I would like to'speak to the problem, as I view it, of forcing the residents living on George Street to accept undue traffic increase, This I envision to be the effect of allowing Wave Street to be opened as a rear entrance to the Chesser Shopping area. It will certainly not be in the best interest of our specific community, from the standpoint of safety, to divert traffic from main arteries such as Barber Street and CR512