HomeMy WebLinkAbout11131991 City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
91.305
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 13, 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 - Reverend Donald Swope - Presbyterian
Church
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - Great American Smokeout Day -
11/21/91
7. PUBLIC HEARING, FINAL ACTION - None
8. PUBLIC INPUT ON AGENDA ITEMS
9. CONSENT AGENDA
A. Approval of Minutes - 10/23/91 Regular Meeting,
11/6/91 Workshop
91.303
91.302
91.306
91.307
91.308
91.309
Waive Bid Procedure - Purchase 25 Golf Carts -
Club Car - $48,025 (Staff Recommendation dated
11/7/91)
Indian River Drive Sewer Study - Direct Staff to
Forward Letter to Indian River County - Proceed
with Construction Documents for Gravity Only
System (Staff Recommendation dated 11/7/91, City
Engineer Memo dated 10/18/91)
Direct Staff to Authorize Public Works to Resume
Pickup of Government Surplus Food Commodities and
Deliver to St. Sebastian Church (Staff
Recommendation dated 11/7/91, Toussaint Memo
dated 11/5/91)
RESOLUTION NO. R-91-42 - Abandonment of Easement
(R-91-42, City Engineer Memo dated 10/22/91,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE
WEST SIX FEET OF THE EAST TWENTY FOOT EASEMENT OF
LOT 12, BLOCK 346, UNiT 11, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
7/56A, 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.
RESOLUTION NO. R-91-44 - Support for Existence of
Acute Care Facility - Humana Hospital (R-91-44 -
Requested by Councilman Holyk)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, SUPPORTING THE EXISTENCE
OF A STATE-OF-THE ART, ACUTE CARE HOSPITAL;
SUPPORTING EFFORTS BY THE HOSPITAL OWNER TO
MAINTAIN A COMPETITIVE HOSPITAL, SERVING THE
COMMUNITY AT COMPETITIVE PRICES; SUPPORTING THE
EFFORTS OF THE HOSPITAL'S MEDICAL STAFF TO
ASSIST THE OWNER IN DETECTING THE NEEDS OF THE
COMMUNITY; PROVIDING FOR THE REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Waive Bid Procedure - Police Department -
Purchase Dictaphone Telephone/Radio Logging
Recorder - $17,315.59, Petty Memo dated 10/28/91,
Dictaphone Quote dated 9/17/91)
2
91.310
91.311
91.312
91.313
91.314
91.315
91.316
91.317
91.318
91.319
91.320
Waive Bid Procedure - City Clerk's Office -
Purchase Laptop Computer - $2,802 - GSA Price -
Dell Marketing Corporation (Staff Recommendation
dated 10/29/91, Specifications)
Bid Award - Golf Course - Alarm System - Southern
Security Systems of Fort Pierce, Inc. - Exercise
Lease Option - $571.00 Per Year - $2,855 Five
Years (Staff Recommendation dated 11/4/91, Bid
Tabulation Form)
Bid Award - Golf Course - Cart Batteries (366) -
Jeffrey Allen, Inc. of Bradenton - $14,091 (Staff
Recommendation dated 11/4/91, Bid Tabulation
Form)
Bid Award - Golf Course & Parks Department - Two
Fairway Mowers - Hector Turf of Deerfield Beach -
$37,296 Total (Staff Recommendation dated
11/6/91, Bid Tabulation Form)
Bid Award - Golf Course - Mataway Verti Cutter -
DeBra Turf & Industrial Equipment Co. of Ft.
Lauderdale - $2,783 (Staff Recommendation dated
11/6/91, Bid Tabulation Form)
Bid Award - Golf Course - Kubota Tractor w/
Loader & Backhoe - Sunrise Ford Tractor Co., Inc.
of Ft. Pierce - $15,500 (Staff Recommendation
dated 11/6/91, Bid Tabulation Form)
Bid Award - Golf Course - Greensmower - Hector
Turf of Deerfield Beach - $12,164 (Staff
Recommendation dated 11/6/91, Bid Tabulation
Form)
Bid Award - Golf Course - Sod Cutter - Pifer,
Inc. of Jupiter - $2,740 (Staff Recommendation
dated 11/6/91, Bid Tabulation Form)
Reject Bids for Five Golf Course Mower Reels
(Staff Recommendation dated 11/7/91, Bid
Tabulation Form, GC Superintendent Memo dated
11/7/91)
Receive Code Enforcement Orders - Case No. 91-
5777 (Order)
St. Elizabeth's Episcopal Church - Approve Fee
Waiver for Sign Permit (Staff Recommendation
dated 10/18/91, Holzman Letter dated 10/7/91)
3
91.321
91.322
91.323
91.324
91.325
10.
11.
12.
13.
14.
15.
16.
Ameron Homes - Request Removal of Specimen Tree -
One Pine - Lot 30, Block 379, Unit 11, SH (Staff
Recommendation dated 11/4/91, Application, Survey)
Sebastian River Shrine Club - Request Use of
Community Center - Charter Night Party - A/B -
4/10/92 - 6:30 p.m. to 10:30 p.m. - Permittee -
John Zaricky, Jr. DOB 1/7/22 - Security on Hold
(Application)
Sebastian Area Civic Association - Request Use of
Yacht Club - Check Presentations - 12/6/91 - 9
a.m. to 11:30 a.m. - Waive Rental Fee - Security
on Hold (City Clerk Recommendation dated 11/7/91,
Application, Phelan Letter dated 11/4/91)
Authorize City Manager to Appoint an Owner's
Project Representative for the Police Station
(Staff Recommendation dated 11/7/91)
PRESENTATIONS - None
MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
Report on Elkcam Waterway Dam Claims (City
Attorney Letter dated 11/7/91)
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS - None
4
91.199
91.151
17. NEW BUSINESS
A. ORDINANCE NO. O-91-28 - Garage Sale Regulation
1ST READING, SET PUBLIC HEARING 12/11/91
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 32 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO THE
REGULATION OF GARAGE SALES; PROVIDING DEFINITIONS;
SPECIFYING PERSONS EXEMPTED FROM PROVISIONS OF CHAPTER
32; REQUIRING PERMIT; PROVIDING PERMIT APPLICATION
PROCEDURES AND FEE THEREFORE; PROVIDING PERMIT CONDITIONS
AND RESTRICTIONS; REQUIRING DISPLAY OF PERMIT; REGULATING
PROPERTY PERMITTED TO BE SOLD; REGULATING HOURS OF OPERA-
TION; REGULATING WHERE PROPERTY MAY BE DISPLAYED AND
SOLD; REQUIRING CONTROL OF PARKING; IMPOSING RESPON-
SIBILITY FOR CONDUCT OF SALE; PROVIDING REGULATIONS
GOVERNING THE NUMBER, LOCATION, SIZE AND DURATION OF
SIGNS ADVERTISING SALE; PROVIDING FOR ENFORCEMENT;
PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF OR-
DINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Discussed 4/24/91, 7/24/91, 8/7/91, 8/14/91, and
10/23/91)
ORDINANCE NO. O-91-13 - Adult Entertainment
Regulations - Amending Code of Ordinances (Staff
Recommendation dated 11/7/91, O-91-13)
FIRST READING, SET PUBLIC HEARING 1/8/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 10 OF THE
SEBASTIAN CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN, REGULATING ADULT BUSINESSES WITHIN THE
CITY OF SEBASTIAN, FLORIDA; PROVIDING SCOPE AND
CONSTRUCTION; SETTING FORTH PURPOSE AND FINDINGS OF
FACT; PROVIDING DEFINITIONS; PROVIDING BUSINESS
LICENSE APPLICATION REQUIREMENTS AND FEE THEREFOR;
PROVIDING LICENSING PROCEDURES AND ADMINISTRATION;
PROVIDING REGULATIONS GOVERNING GRANT, DENIAL AND
APPEAL OF DENIAL OF LICENSE; PROVIDING FOR TERM OF
LICENSE; PROVIDING REGULATIONS GOVERNING RENEWAL,
EXPIRATION AND CANCELLATION OF LICENSE; REQUIRING
MAINTENANCE OF RECORDS AND REPORTS BY LICENSEE;
PROVIDING REGULATIONS GOVERNING SUSPENSION AND
REVOCATION OF LICENSE; PROVIDING REGULATIONS
GOVERNING TRANSFER OF LICENSE; PROVIDING GENERAL
REQUIREMENTS FOR ALL LICENSED PREMISES; PROVIDING
ADDITIONAL REQUIREMENTS FOR ADULT THEATERS AND ADULT
91.151
91.304
91.163
91.300
DANCING ESTABLISHMENTS; MAKING CERTAIN ACTS AND
OMISSIONS RELATING TO THE OPERATION OF LICENSED
PREMISES UNLAWFUL; PROHIBITING THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES ON LICENSED
PREMISES; PROVIDING PENALTIES FOR VIOLATION; VESTING
RESIDUAL POWER IN CITY COUNCIL; PROVIDING FOR THE
REPEAL OF SECTION 4-3 OF THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Discussion 10/10/90 & 6/5/91)
ORDINANCE NO. 0-91-14 - Adult Entertainment -
Conditional Use Criteria - Amending LDC (Staff
Recommendation dated 11/7/91 [see above],
O-91-14)
FIRST READING, SET PUBLIC HEARING 1/8/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; PROVIDING FOR
THE AMENDMENT OF THE LAND DEVELOPMENT CODE TO
REGULATE THE LOCATION OF ADULT ENTERTAINMENT
ESTABLISHMENTS; PROVIDING CONDITIONAL USE CRITERIA
FOR ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING
DEFINITIONS; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILiTY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Discussion 10/10/90
& 6/5/91)
Approve Nabors, Giblin & Nickerson, P.A. as Bond
Counsel to Represent City of Sebastian in
Refunding of Golf Course Revenue Bonds - $18,500
(Staff Recommendation dated 11/7/91, Mustian
Letter dated 9/25/91)
Traffic Circulation Study - Approve Contract with
Kimley-Horn & Associates, Inc. - $49,800 (Staff
Recommendation dated 11/7/91, Contract)
Waive Bid Procedure - Purchase Finance Department
Computer Hardware, Systems and Operations
Software (Staff Recommendation dated 11/7/91,
Hardware & Software Data, Auditor Letter dated
11/6/91)
6
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 Sgeaker)
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.)
NOVEMBER 13, 1991 REGULAR MEETING
PUBLIC INPUT ON AGENDA ITEMS
SIGNUP SHEET
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City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 13, 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 Reverend Donald Swope,
Presbyterian Church.
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Peter Holyk
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman George Reid
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
Chief of Police, Earle Petty
Golf Course Manager, Jim
DeLarme
Golf Course Superintendent, Chris
McCarthy
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Clerk, Linda Lohsl
Regular City Council Meeting
November 13, 1991
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
91.305 A.
91.303
91.302
91.306
Proclamation L Great American Smokeout Day -
11/21/91
Mayor Conyers read the proclamation, however, being
no recipient, he presented it to the City Clerk for
forwarding.
7. PUBLIC HEARING, FINAL ACTION
None.
8. PUBLIC INPUT ON AGENDA ITEMS
None.
9. CONSENT AGENDA
Approval of Minutes - 10/23/91 Regular Meeting,
11/6/91 Workshop
Waive Bid Procedure - Purchase 25 Golf Carts -
Club Car - $48,025 (Staff Recommendation dated
11/7/91)
Indian River Drive Sewer Study - Direct Staff to
Forward Letter to Indian River County - Proceed
with Construction Documents for Gravity Only
System (Staff Recommendation dated 11/7/91, City
Engineer Memo dated 10/18/91)
Direct Staff to Authorize Public Works to Resume
Pickup of Government Surplus Food Commodities and
Deliver to St. Sebastian Church (Staff
Recommendation dated 11/7/91, Toussaint Memo
dated 11/5/91)
2
Regular City Council Meeting
November 13, 1991
Page Three
91.307 E.
91.308 F.
91.309 G.
91.310 H.
91.311 I.
RESOLUTION NO. R-91-42 - Abandonment of Easement
(R-91-42, City Engineer Memo dated 10/22/91,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE
WEST SIX FEET OF THE EAST TWENTY FOOT EASEMENT OF
LOT 12, BLOCK 346, UNIT 11, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
7/56A, 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.
RESOLUTION NO. R-91-44 - Support for Existence of
Acute Care Facility - Humana Hospital (R-91-44 -
Requested by Councilman Holyk)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, SUPPORTING THE EXISTENCE
OF A STATE-OF-THE ART, ACUTE CARE HOSPITAL;
SUPPORTING EFFORTS BY THE HOSPITAL OWNER TO
MAINTAIN A COMPETITIVE HOSPITAL, SERVING THE
COMMUNITY AT COMPETITIVE PRICES; SUPPORTING THE
EFFORTS OF THE HOSPITAL'S MEDICAL STAFF TO
ASSIST THE OWNER IN DETECTING THE NEEDS OF THE
COMMUNITY; PROVIDING FOR THE REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Waive Bid Procedure - Police Department -
Purchase Dictaphone Telephone/Radio Logging
Recorder - $17,315.59 (Petty Memo dated 10/28/91,
Dictaphone Quote dated 9/17/91)
Waive Bid Procedure - City Clerk's Office -
Purchase Laptop Computer - $2,802 - GSA Price -
Dell Marketing Corporation (Staff Recommendation
dated 10/29/91, Specifications)
Bid Award - Golf Course - Alarm System - Southern
Security Systems of Fort Pierce, inc. - Exercise
Lease Option - $571.00 Per Year - $2,855 Five
Years (Staff Recommendation dated 11/4/91, Bid
Tabulation Form)
3
Regular City Council Meeting
November 13, 1991
Page Four
91.312 J.
91.313 K.
91.314 L.
91.315 M.
91.316 N.
91.317 O.
91.318 P.
91.319 Q.
91.320 R.
91.321 S.
Bid Award - Golf Course - Cart Batteries (366) -
Jeffrey Allen, inc. of Bradenton - $14,091 (Staff
Recommendation dated 11/4/91, Bid Tabulation
Form)
Bid Award - Golf Course & Parks Department - Two
Fairway Mowers - Mector Turf of Deerfield Beach -
$37,296 Total (Staff Recommendation dated
11/6/91, Bid Tabulation Form)
Bid Award - Golf Course - Mataway Verti Cutter -
DeBra Turf & Industrial Equipment Co. of Ft.
Lauderdale - 82,783 (Staff Recommendation dated
11/6/91, Bid Tabulation Form)
Bid Award - Golf Course - Kubota Tractor w/
Loader & Backhoe - Sunrise Ford Tractor Co., Inc.
of Ft. Pierce - $15,500 (Staff Recommendation
dated 11/6/91, Bid Tabulation Form)
Bid Award - Golf Course - Greensmower - Hector
Turf of Deerfield Beach - $12,164 (Staff
Recommendation dated 11/6/91, Bid Tabulation
Form)
Bid Award - Golf Course - Sod Cutter - Pifer,
Inc. of Jupiter - $2,740 (Staff Recommendation
dated 11/6/91, Bid Tabulation Form)
Reject Bids for Five Golf Course Mower Reels
(Staff Recommendation dated 11/7/91, Bid
Tabulation Form, GC Superintendent Memo dated
11/7/91)
Receive Code Enforcement Orders - Case No. 91-
5777 (Order)
St. Elizabeth's Episcopal Church - Approve Fee
Waiver for Sign Permit (Staff Recommendation
dated 10/18/91, Holzman Letter dated 10/7/91)
Ameron Homes - Request Removal of Specimen Tree -
One Pine - Lot 30, Block 379, Unit 11, SH (Staff
Recommendation dated 11/4/91, Application, Survey)
4
Regular City Council Meeting
November 13, 1991
Page Five
91.322 T.
91.323 U.
91.324 V.
Sebastian River Shrine Club - Request Use of
Community Center - Charter Night Party - A/B -
4/10/92 - 6:30 p.m. to 10:30 p.m. - Permittee -
John Zaricky, Jr. DOB 1/7/22 - Security on Hold
(Application)
Sebastian Area Civic Association - Request Use of
Yacht Club - Check Presentations - 12/6/91 - 9
a.m. to 11:30 a.m. - Waive Rental Fee - Security
on Hold (City Clerk Recommendation dated 11/7/91,
Application, Phelan Letter dated 11/4/91)
Authorize City Manager to Appoint an Owner's
Project Representative for the Police Station
(Staff Recommendation dated 11/7/91)
Mayor Conyers read the consent agenda in its
entirety.
Vice Mayor Oberbeck noted a typo in the November 6,
1991 minutes on page 7, Councilman Reid's matters;
"CAV" should read "CAB" (Civil Aeronautics Board).
Councilman Holyk withdrew item O.
MOTION by Oberbeck/Powell
I move that we approve all items other than item
O which was withdrawn by Councilman Holyk.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Item 0
Councilman Holyk questioned the overage of the
purchase amount from what was budgeted. The Golf
Course Superintendent stated that the budgeted amount
of $2,500 was the amount quoted by a vendor during
the budget request process.
5
Regular City Council Meeting
November 13, 1991
Page Six
10.
11.
12.
MOTION by Holyk/Oberbeck
I move we approve item O, bid award for the Golf
Course Sod Cutter from Pifer, Inc. of Jupiter in the
amount of $2,740.
ROLL CALL:
Councilman HOlyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
PRESENTATIONS
None.
MAYOR'S MATTERS
Mayor Conyers inquired as to the status of a letter
from Edna Willey; and expressed concern regarding
state funding cutbacks for Animal Control which
resulted in a resident of the city suffering through
rabies shots because the dog could not be properly
tested.
The City Manager said staff would report on the
Willey letter by memo to Council and the Chief of
Police said he would contact Animal Control and
report back to Council.
Mayor Conyers requested enlightenment on the City
Attorney's letter relative to engaging a consultant
expert in waterways and dams. This being the next
agenda item, discussion was withheld until such time.
(See letter attached)
COUNCIL MATTERS
A. Vice Mayor Oberbeck
When Mayor Oberbeck inquired as to the cause of the
last fiscal year not being closed out, the Finance
Director responded that equipment failure was the
cause.
Regular City Council Meeting
November 13, 1991
Page Seven
91.325
13.
The City Manager responded to questions by Vice
Mayor Oberbeck, that there were no budget amendments
last fiscal year, that he had not yet advertised for
a pro3ect manager for the police facility since
approval was given only this evening, and that he
expects the Laconia Street issue to be resolved prior
to the first of the year.
B. Councilman Holyk
Councilman Holyk requested that Resolution No. R-91-
44 be forwarded to Humana Hospital Chief of Staff,
Dr. Nasir Rizwi; Humana Hospital Administrator,
Mitchell Smith and the press; and urged people to
attend scheduled public meetings relative to the
airport study to express the facts as they perceive
them.
C. Councilman Powell
Councilman Powell expressed his opposition relative
to the government giving $20 million for turtle
refuges while cutting back on funding for people.
D. Councilman Reid
Councilman Reid stated that he had been approached by
a resident who requested to attend Land Acquisition
meetings on behalf of the city, however, Councilman
Reid said he would continue to attend in Councilman
Powell's absence for the time being; and urged
residents to remain unemotional, address facts only
and do not ridicule when addressing Council.
CITY ATTORNEY MATTERS
The City Attorney said a resolution and other
documents relative to the purchase of the CAVCorp
property will be placed on the November 20, 1991
agenda for Council approval.
Report on Elkcam Waterway Dam Claims (City
Attorney Letter dated 11/7/91)
A lengthy discussion took place in regard to the City
Attorney's request to take immediate action to engage
a civil engineer, while physical evidence is fresh, to
determine causation of damage, if the City Council
7
Regular City Council Meeting
November 13, 1991
Page Eight
91.199
14.
15.
16.
17.
desires the City Attorney's office to represent them
in the event any claims are filed against the city.
It was the consensus of Council that the City
Attorney obtain a cost proposal and report back to
Council at the next meeting.
The City Attorney advised that the issue not be
discussed any further by anyone affiliated with the
city.
CITY MANAGER MATTERS
The City Manager advised that he had prepared the
list of people interviewed by Pat Bidol on November
12th, however, Ms. Bidol did contact all those who
expressed interest and were not included on the list.
Mayor Conyers called recess at 8:00 p.m. and
reconvened the meeting at 8:12 p.m. Ail members
were present.
COMMITTEE REPORTS/RECOMMENDATIONS
Councilman Powell reported on the Land Acquisition
meeting.
OLD BUSINESS
None.
NEW BUSINESS
A. ORDINANCE NO. 0-91-28 - Garage Sale Regulation
1ST READING, SET PUBLIC HEARING 12/11/91
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 32 OF THE CODE OF
ORDINANCES OF THE CiTY OF SEBASTIAN, PERTAINING TO THE
REGULATION OF GARAGE SALES; PROVIDING DEFINiTiONS;
SPECIFYING PERSONS EXEMPTED FROM PROVISIONS OF CHAPTER
32; REQUIRING PERMIT; PROVIDING PERMIT APPLICATION
PROCEDURES AND FEE THEREFORE; PROVIDING PERMIT CONDITIONS
AND RESTRICTIONS; REQUIRING DISPLAY OF PERMIT; REGULATING
PROPERTY PERMITTED TO BE SOLD; REGULATING HOURS OF OPERA-
Regular City Council Meeting
November 13, 1991
Page Nine
91.151
TION; REGULATING WHERE PROPERTY MAY BE DISPLAYED AND
SOLD; REQUIRING CONTROL OF PARKING; IMPOSING RESPON-
SIBILITY FOR CONDUCT OF SALE; PROVIDING REGULATIONS
GOVERNING THE NUMBER, LOCATION, SIZE AND DURATION OF
SIGNS ADVERTISING SALE; PROVIDING FOR ENFORCEMENT;
PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF OR-
DINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Discussed 4/24/91, 7/24/91, 8/7/91, 8/14/91, and
10/23/91)
The City Attorney read Ordinance No. O-91-28 by title
only.
MOTION by Holyk/Oberbeck
I move that we accept the first reading of
Ordinance No. O-91-28 garage sale regulation and set
the public hearing for December 11, 1991.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
MOTION CARRIED 5-0.
aye
aye
aye
aye
aye
Carolyn Corum, 881 Dolores Street, Sebastian, opposed
the proposed ordinance.
ORDINANCE NO. O-91-13 - Adult Entertainment
Regulations - Amending Code of Ordinances (Staff
Recommendation dated 11/7/91, O-91-13)
FIRST READING, SET PUBLIC HEARING 1/8/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 10 OF THE
SEBASTIAN CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN, REGULATING ADULT BUSINESSES WITHIN THE
CITY OF SEBASTIAN, FLORIDA; PROVIDING SCOPE AND
CONSTRUCTION; SETTING FORTH PURPOSE AND FINDINGS OF
FACT; PROVIDING DEFINITIONS; PROVIDING BUSINESS
LICENSE APPLICATION REQUIREMENTS AND FEE THEREFOR;
PROVIDING LICENSING PROCEDURES AND ADMINISTRATION;
9
Regular City Council Meeting
November 13, 1991
Page Ten
PROVIDING REGULATIONS GOVERNING GRANT, DENIAL AND
APPEAL OF DENIAL OF LICENSE; PROVIDING FOR TERM OF
LICENSE; PROVIDING REGULATIONS GOVERNING RENEWAL,
EXPIRATION AND CANCELLATION OF LICENSE; REQUIRING
MAINTENANCE OF RECORDS AND REPORTS BY LICENSEE;
PROVIDING REGULATIONS GOVERNING SUSPENSION AND
REVOCATION OF LICENSE; PROVIDING REGULATIONS
GOVERNING TRANSFER OF LICENSE; PROVIDING GENERAL
REQUIREMENTS FOR ALL LICENSED PREMISES; PROVIDING
ADDITIONAL REQUIREMENTS FOR ADULT THEATERS AND ADULT
DANCING ESTABLISHMENTS; MAKING CERTAIN ACTS AND
OMISSIONS RELATING TO THE OPERATION OF LICENSED
PREMISES UNLAWFUL; PROHIBITING THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES ON LICENSED
PREMISES; PROVIDING PENALTIES FOR VIOLATION; VESTING
RESIDUAL POWER IN CITY COUNCIL; PROVIDING FOR THE
REPEAL OF SECTION 4-3 OF THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Discussion 10/10/90 & 6/5/91)
The City Attorney read Ordinance No. O-91-13 by title
only.
MOTION by Holyk/Oberbeck
I move we accept the first reading of Ordinance
No. O-91-13 adult entertainment regulations amending
the Code of Ordinances and set the public hearing for
January 8, 1992.
The City Attorney advised that if the "United States
Attorney General's Commission on Pornography (1986)"
as cited in Section 10-4 of the ordinance cannot be
obtained before final passage, that reference will
have to be stricken from the ordinance.
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
10
ReGular City Council MeetinG
November 13, 1991
Page Eleven
Carolyn Corum advised that there is a lingerie show
being conducted in town on a weekly basis.
91.151 C.
91.304
ORDINANCE NO. O-91-14 - Adult Entertainment -
Conditional Use Criteria - AmendinG LDC (Staff
Recommendation dated 11/7/91 [see above],
O-91-14)
FIRST READING, SET PUBLIC HEARING 1/8/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; PROVIDING FOR
THE AMENDMENT OF THE LAND DEVELOPMENT CODE TO
REGULATE THE LOCATION OF ADULT ENTERTAINMENT
ESTABLISHMENTS; PROVIDING CONDITIONAL USE CRITERIA
FOR ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING
DEFINITIONS; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION iN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Discussion 10/10/90
& 6/5/91)
The City Attorney read Ordinance No. O-91-14 by title
only.
MOTION by Powell/Oberbeck
I move we approve the first readinG of Ordinance
No. 0-91-14 adult entertainment, conditional use
criteria and set public hearing for January 8, 1992.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Approve Nabors, Giblin & Nickersonz P.A. as Bond
Counsel__to Represent ~ of Sebastian in
RefundinG of Golf Course Revenue Bonds - $18,500
(Staff Recommendation dated 11/7/91, Mustian
Letter dated 9/25/91)
The City ManaGer said the costs for bond counsel and
underwriting fee will come out of the savings in the
refunding.
11
Regular City Council Meeting
November 13, 1991
Page Twelve
91.163
The City Attorney said there will be some time spent
on this by his firm.
MOTION by Oberbeck/Powell
I move to approve Nabors, Giblin and Nickerson,
P.A., to represent the City of Sebastian in refunding
of Golf Course revenue bonds.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Traffic Circulation Study - Approve Contract with
Kimley-Horn & Associates, Inc. - $49,800 (Staff
Recommendation dated 11/7/91, Contract)
The City Manager commended the City Engineer for
time spent negotiating the scope of services down to
fit the budget.
The City Engineer reported on contract negotiations.
The City Attorney noted the summary statement
reference to his review of the contract documents
reflected his review subsequent to revisions.
MOTION by Holyk/Oberbeck
i move that we approve the traffic circulation
study and approve the contract with the Kimley-Horn &
Associates, inc. for the amount of $49,800.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
12
Regular City Council Meeting
November 13, 1991
Page Thirteen
91.300 F.
18.
19.
Waive Bid Procedure - Purchase Finance Department
Computer Hardware, Systems and Operations
Software (Staff Recommendation dated 11/7/91,
Hardware & Software Data, Auditor Letter dated
11/6/91)
MOTION by Holyk/Oberbeck
I move that we waive bid procedure and authorize
purchase by the Finance Department of computer
hardware, systems and operations as well as software
in the amount of $75,535 and authorize the Mayor and
City Clerk to sign any license agreements and support
agreements in connection with that.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
None.
Being no further business, Mayor Conyers adjourned
the meeting at 8:31 p.m.
* 6pproved at the
(As Amended)
(See page 7)
Kathr~'M. O'Halloran, City Clerk
W.~. Conyers, ~-~
Wm~t~ A~
01~ OOUNSEL
Fr ESE. AL AC . TommY. P. m
ATTO12_NEYS AT LAW
VIA TELECOPIER AND U.S. MAIL
Telecopier # 589-5570
Robert S. McClary, City Manager
City of Sebastian
P.O. Box 780127
Sebastian, FL 32958-0127
Elkcam Dam Matter
Our File No. 91-7581
Re:
November 7, 1991
930 S. tL~RBOR CITY BLvI).
SUITE 505
MELBOURNE. F~ORIDA 32901
(407) 984-3300
FAX (407) 951-3741
t BO~ C~RTIrI~D IN
Dear Robb:
This letter will serve to confirm our telephone conference of today
wherein I advised you that it is my opinion and direction that no
person affiliated with the City of Sebastian, including employees,
independent contractors and elected officials, should make any
comment concerning the incident involving the Elkcam waterway dam.
In addition, I will be engaging an expert in dam and waterway
engineering to provide my office with advice and technical
information concerning the incident. Obviously, the expense
incurred by our law firm shall be passed through to the City as
part of our legal services.
If you or any o~her City official has any questions concerning this
matter, please be advised that James H. Fallace of our law firm
will be the primary attorney involved in representing the City with
respect to this matter. It is my understanding that Michael G.
Hudkins, Finance Director, is our primary person of contact on
behalf of the City in this regard.
Very truly yours,
N/niz
: Michael G.
FRES~FALLACE, NASH & TORPY, P.A.
Charles Ian Nash
City Attorney
Hudkins, Finance Director