HomeMy WebLinkAbout11141990 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 14, 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
INVOCATION - Reverend Richard Ratts, Emmanual Baptist
Church, Veto Beach
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARING, FINAL ACTION
90.198
ORDINANCE NO. 0-90-10 - Alcoholic Beverages -
HOURS of Sales
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
90.225
90.260
90.261
90.230
90.230
90.262
90.263
90.264
RESOLUTION NO. R-90-45 - Communications Workers
of America Contract (City Manager Recommendation
dated 11/7/90, R-90-45, Contract)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, RATIFYING THE AGREEMENT
WITH THE COMMUNICATIONS WORKERS OF AMERICA FOR
THE PERIOD FROM OCTOBER 1, 1990 THROUGH AND
INCLUDING SEPTEMBER 30, 1993; PROVIDING AN
EFFECTIVE DATE.
Approve Purchase of Airport Security Lighting
(Staff Recommendation dated 11/8/90)
Cancel December 5, 1990 City Council Workshop and
December 26, 1990 Regular Meeting (no backup)
Board of Adjustment - Accept Resignation of Louis
Pr,ore (Staff Recommendation dated 10/29/90,
Pr,ore Letter dated 10/12/90)
Reappointment of Board of Adjustment Members
(Staff Recommendation dated 10/29/90, City Clerk
Memo dated 10/15/90)
1. Reappoint Gale Matthews to 11/91 (Matthews
Letter dated 8/2/90)
2. Reappoint Joseph Stephenson to 10/91
(Stephenson Letter dated 8/2/90)
3. Reappoint Walter Shields to 5/92 (Shields
Letter dated 8/2/90)
4. Reappoint Mary Heinicke to 4/92 (Heinicke
Letter dated 8/2/90)
5. Reappoint James Husk as Regular Member to
5/91 (Husk Letter dated 8/2/90)
Waiver of Bidding Procedure - Authorize City
Manager to Sign Open Purchase Orders for Purchase
of Electricity, Telephone, Fuel and Golf Course
Handicap Computer Lease (Staff Recommendation
dated 10/25/90)
Waiver of Bidding Procedure - City Clerk Purchase
of Two Workstations - Datum Filing Systems, Inc.
of Ft. Pierce (GSA Contract) - 84,519.68 (Staff
Recommendation dated 10/24/90)
Waiver of Bidding Procedure - City Clerk Purchase
of One Workstation - Datum Filing Systems, Inc.
of Ft. Pierce (GSA Contract) - $2,468.31 (Staff
Recommendation dated 11/7/90)
3
90.265
90.266
90.253
90.267
90.207
90.268
90.011
90.248
10.
11.
12.
Bid Award - Golf Ball Diving Concession -
Treasure Coast Golf Co. - $.25 Per Used Ball
(Staff Recommendation dated 10/25/90, Bid
Tabulation Form, Interim GC Manager Memo dated
10/25/90)
Bid Award - Golf Course - 5-Gang Mower - Hector
Turf, Deerfield Beach - 918,895 (Staff
Recommendation dated 10/26/90, Bid Tabulation
Form)
Waiver of Bidding Procedure - Yacht Club
Resurfacing - Indian River County Commodity
Service Contract - Martin Paving - Approximately
$3000 (Staff Recommendation dated 11/7/90, iRC
Memo dated 9/28/90, IRC Bid Tabulation Form)
Teens Against Boredom - Request Fee Waiver for
Use of Community Center (Dances) and Yacht Club
(Board Meetings) - (See Backup for Requested 1991
Dates) (Staff Recommendation dated 10/29/90,
Reservation Forms for Community Center and Yacht
Club, Letter from Jenkins dated 10/17/90)
The Craft Club of Sebastian - Request Additional
Date for Show in Riverview Park - 12/2/90 (Staff
Recommendation dated 10/29/90, Letter from Wise
dated 10/25/90)
Oe
Request for Community Center - Judah Benefit -
11/18/90 - Noon to 6 p.m. - A/B - Permittee
Grover Gibson DOB 9/13/62 - Security Paid
(Application)
PRESENTATIONS - None
COMMITTEE REPORTS/RECOMMENDATIONS - None
OLD BUSINESS
Department of Environmental Regulation - Consent
Order - Alleged Asbestos Violation (Staff
Recommendation dated 11/6/90, Consent Order)
RESOLUTION NO. R-90-46 - Chess.rs Gap PUD
Preliminary Plat Approval
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE APPROVAL OF A
PRELIMINARY DEVELOPMENT PLAN (PLAT) FOR A PUD(C)
COMMERCIAL PLANNED UNIT DEVELOPMENT FOR A PARCEL OF
LAND APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH
OF COUNTY ROAD 512, SOUTH OF THE INTERSECTION OF
COUNTY ROAD 512 AND FLEMING STREET, APPROXIMATELY
THREE AND ONE-HALF MILES WEST OF U.S. HIGHWAY 1, ALSO
4
90.270
90.271
90.272
14.
15.
16.
17.
18.
D. Establish Salary Level for Starter/Ranger, Head
Starter and Head Ranger (Staff Recommendation
dated 11/8/90, DeLarme Memo dated 11/8/90)
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. Concur with City Manager Appointment of James F.
DeLarme as Golf Course Pro-Manager (City Manager
Recommendation dated 11/6/90, City Manager Letter
dated 11/6/90, DeLarme Resume)
B. Point-O-Woods Subdivision - Streets and Drainage
(City Manager Recommendation dated 11/5/90, Mosby
Letter dated 10/11/90, McClary Letter dated
8/1/90)
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.)
6
City of Sebastian
POST OFFICE BOX 780127 [:3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 14, 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 7:02
p.m.
2. PLEDGE OF ALLEGIANCE was recited.
INVOCATION - Reverend Richard Ratts, Immanual Baptist
Church, Vero Beach
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Robert McCollum
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman Lloyd Rondeau
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
interim Golf Course Manager, Jim
DeLarme
Secretary, Eunice Mercier
City Clerk, Kathryn M. O'Halloran
Regular City Council Meeting
November 14, 1990
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
The City Manager requested that Item 17A (90.271) be
withdrawn from this agenda. Concur with City Manager
Appointment of James F. DeLarme as Golf Course Pro-
Manager. The Council was in agreement. He stated
that he would advise the Council when, in fact, he
makes the appointment.
Mayor Conyers recognized the fact that there were
many teens and their parents in the audience and at
this time the City Council addressed the fact of the
old Library being used as a teen center. Concern
was expressed relative to the location on a busy
intersection. Mayor Conyers noted that the City
Manager stated there may be some money available
to use at the proposed Teen Center.
Vice Mayor Oberbeck stated that he had been
approached by a property owner in the community who
may be willing to furnish the land for a teen center
to be built on. This person would like to know
the particulars of the programs the teens have in
mind.
Mayor Conyers recognized Becky Snyder who thanked the
Council for their help and consideration and agreed
to have a meeting with the City Manager in the near
future.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Vice Mayor Oberbeck announced that the Brevard County
Youth Football Association will hold a "Super Bowl"
on Saturday, November 17, 1990 at the Barber Street
Sports Complex starting at 9 a.m. and the last game
commencing by 3 p.m.
2
Regular City Council Meeting
November 14, 1990
Page Three
7. PUBLIC HEARING, FINAL ACTION
90.198 A.
ORDINANCE NO. 0-90-10 - Alcoholic Beverages -
Hours of Sales
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. (lst Reading 10/24/90,
Advertised 10/31/90, Public Hearing 11/14/90)
The City Attorney read the Ordinance by title only.
The Mayor opened the Public Hearing at 7:20 p.m.
The following citizens spoke in favor of the
Ordinance:
Ron Harsh, 986 Montrose; George Reid, 202 Delmonte;
Jim Hoffman, 117 Landover.
The following citizens spoke in opposition of the
Ordinance:
Harold Lee (Rev.), 733 Schumann; Doris Troup
representing MADD.
Mayor Conyers closed the Public Hearing at at 7:32
p.m.
After discussion among the Council members:
MOTION by McCollum/Rondeau
Move to adopt Ordinance O-90-10.
ROLL CALL:
Mayor Conyers aye
Councilman McCollum aye
Vice Mayor Oberbeck no
Councilman Powell no
Councilman Rondeau aye
MOTION CARRIED 3-2 (Oberbeck, Powell - no)
3
Regular City Council Meeting
November 14, 1990
Page Four
90.249 B.
ORDINANCE NO. O-90-14 - Convenience Store
Security (Letter from City Manager dated
10/29/90)
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 FOR 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. (lst Reading 10/24/90, Advertised 10/31/90,
Public Hearing 11/14/90)
The City Attorney read the Ordinance by title only.
Mayor Conyers opened the Public Hearing at 8:45 p.m.
The City Attorney explained the intent of the
Ordinance.
Mayor Conyers closed the Public Hearing at 8:46 p.m.
MOTION by Oberbeck/Powell
I move we adopt Ordinance O-90-14 - Convenience
Store Security.
ROLL CALL:
Councilman McCollum aye
Vice Mayor Oberbeck aye
Councilman Powell aye
Councilman Rondeau aye
Mayor Conyers aye
MOTION CARRIED UNANIMOUSLY.
4
Regular City Council Meeting
November 14, 1990
Page Five
90.257 C.
RESOLUTION NO. R-90-44 - Golf Course Rates - 2nd
Draft (Staff Recommendation dated 11/8/90, R-90-
44)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO GREENS FEES AND GOLF
CART FEES AT THE MUNICIPAL GOLF COURSE; PROMULGATING
A NEW SCHEDULE OF GREENS FEES AND GOLF CART FEES;
PROMULGATING A NEW SCHEDULE OF ANNUAL MEMBERSHIP
FEES; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE
ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER CERTAIN
CIRCUMSTANCES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE. (PH advertised 11/3/90)
Resolution No. R-90-44 was read by title only by the
City Attorney.
Mayor Conyers opened the Public Hearing at 8:48 p.m.
A1Vilardi, 445 Georgia Boulevard questioned the
increase in rates and was informed by the City
Manager there were no increases.
Sal Neglia, 461 Georgia Boulevard questioned the
title of the Resolution. The City Attorney replied.
The Mayor closed the Public Hearing at 8:50 p.m.
MOTION by Oberbeck/Rondeau
I move we approve Resolution R-90-44 - Golf
Course Rates.
ROLL CALL:
Vice Mayor Oberbeck aye
Councilman Powell aye
Councilman Rondeau aye
Mayor Conyers aye
Councilman McCollum aye
MOTION CARRIED UNANIMOUSLY.
8. PUBLIC iNPUT
A. Non-Agenda Items - None
B. Agenda Items
Doris Heard and Dolores Lepere stated that they
wished to be heard on Item 17A which was withdrawn
this evening. Mrs. Heard presented the City Manager
5
Regular City Council Meeting
November 14, 1990
Page Six
with a petition from the Golf Course in favor of
hiring Jim DeLarme.
The Mayor called a recess at 7:55 p.m. The meeting
reconvened at 8:10 p.m. will all members present.
9. CONSENT AGENDA
Approval of Minutes - 10/24/90 Regular Meeting,
11/7/90 Workshop
90.225
RESOLUTION NO. R-90-45 - Communications Workers
of America Contract (City Manager Recommendation
dated 11/7/90, R-90-45, Contract)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, RATIFYING THE AGREEMENT
WITH THE COMMUNICATIONS WORKERS OF AMERICA FOR
THE PERIOD FROM OCTOBER 1, 1990 THROUGH AND
INCLUDING SEPTEMBER 30, 1993; PROVIDING AN
EFFECTIVE DATE.
90.260
Ce
Approve Purchase of Airport Security Lighting
(Staff Recommendation dated 11/8/90)
90.261
90.230
Cancel December 5, 1990 City Council Workshop and
December 26, 1990 Regular Meeting (no backup)
Board of Adjustment - Accept Resignation of Louis
Priore (Staff Recommendation dated 10/29/90,
Priore Letter dated 10/12/90)
90.230
Reappointment of Board of Adjustment Members
(Staff Recommendation dated 10/29/90, City Clerk
Memo dated 10/15/90)
1. Reappoint Gale Matthews to 11/91 (Matthews
Letter dated 8/2/90)
2. Reappoint Joseph Stephenson to 10/91
(Stephenson Letter dated 8/2/90)
3. Reappoint Walter Shields to 5/92 (Shields
Letter dated 8/2/90)
4. Reappoint Mary Heinicke to 4/92 (Heinicke
Letter dated 8/2/90)
5. Reappoint James Husk.as Regular Member to
5/91 (Husk Letter dated 8/2/90)
6
Regular City Council Meeting
November 14, 1990
Page Seven
90.262 G.
Waiver of Bidding Procedure - Authorize City
Manager to Sign Open Purchase Orders for Purchase
of Electricity, Telephone, Fuel and Golf Course
Handicap Computer Lease (Staff Recommendation
dated 10/25/90)
90.263 H.
Waiver of Bidding Procedure - City Clerk Purchase
of Two Workstations - Datum Filing Systems, Inc.
of Ft. Pierce (GSA Contract) - $4,519.68 (Staff
Recommendation dated 10/24/90)
90.264 I.
Waiver of Bidding Procedure - City Clerk Purchase
of One Workstation - Datum Filing Systems, Inc.
of Ft. Pierce (GSA Contract) - $2,468.31 (Staff
Recommendation dated 11/7/90)
90.265 J.
Bid Award - Golf Ball Diving Concession -
Treasure Coast Golf Co. - $.25 Per Used Ball
(Staff Recommendation dated 10/25/90, Bid
Tabulation Form, Interim DC Manager Memo dated
10/25/90)
90.266 K.
Bid Award - Golf Course - 5-Gang Mower - Hector
Turf, Deerfield Beach - $18,895 (Staff
Recommendation dated 10/26/90, Bid Tabulation
Form)
90.253 L.
Waiver of Bidding Procedure - Yacht Club
Resurfacing - Indian River County Commodity
Service Contract - Martin Paving - Approximately
83000 (Staff Recommendation dated 11/7/90, IRC
Memo dated 9/28/90, IRC Bid Tabulation Form)
90.267 M.
Teens Against Boredom - Request Fee Waiver for
Use of Community Center (Dances) and Yacht Club
(Board Meetings) - (See Backup for Requested 1991
Dates) (Staff Recommendation dated 10/29/90,
Reservation Forms for Community Center and Yacht
Club, Letter from Jenkins dated 10/17/90)
90.207 N.
The Craft Club of Sebastian - Request Additional
Date for Show in Riverview Park - 12/2/90 (Staff
Recommendation dated 10/29/90, Letter from Wise
dated 10/25/90)
90.268 O.
Request for Community Center - Judah Benefit -
11/18/90 - Noon to 6 p.m. - A/B - Permittee
Grover Gibson DOB 9/13/62 - Security Paid
(Application)
7
Regular City Council Meeting
November 14, 1990
Page Eight
Vice Mayor Oberbeck requested that Item 90.267 be
removed from the Consent Agenda for further
discussion. Teens Against Boredom use of the
Community Center and Yacht Club - fee waiver.
MOTION by Oberbeck/Rondeau
I would move to approve the remaining items on
the Consent Agenda withdrawing Item M (90.267).
The City Attorney read Resolution No. R-90-45 by
title only.
ROLL CALL:
Councilman Powell aye
Councilman Rondeau aye
Mayor Conyers aye
Councilman McCollum aye
Vice Mayor Oberbeck aye
MOTION CARRIED UNANIMOUSLY.
Vice Mayor Oberbeck questioned the request of the
Teens against Boredom for 14 rental requests for the
Community Center and 4 rental requests for the Yacht
Club. Deborah Jenkins explained that the requests
are in advance due to the fact that each approval for
fee waiver must go before council. Discussion
followed for a blanket fee waiver by Council and a
monthly advanced request by TAB. Ardith Hale also
was recognized.
MOTION by Oberbeck/Powell
I move to approve a fee waiver for the use of the
Community Center and they be limited to booking the
facility one month in advance.
ROLL CALL:
Councilman Rondeau
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
aye
MOTION CARRIED UNANIMOUSLY.
8
City Council Regular Meeting
November 14, 1990
Page Nine
90.011
90.248
10.
11.
12.
PRESENTATIONS - None
COMMITTEE REPORTS/RECOMMENDATIONS - None
OLD BUSINESS
Department of Environmental Regulation - Consent
Order - Alleged Asbestos Violation (Staff
Recommendation dated 11/6/90, Consent Order)
The City Manager stated that the City Attorney
reviewed the consent order.
MOTION by McCollum/Oberbeck
Move to authorize the Mayor and City Clerk to
sign proposed consent order.
ROLL CALL:
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
Councilman Rondeau
aye
aye
aye
aye
aye
MOTION CARRIED UNANIMOUSLY.
RESOLUTION NO. R-90-46 - Chessers Gap PUD
Preliminary Plat Approval
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE APPROVAL OF A
PRELIMINARY DEVELOPMENT PLAN (PLAT) FOR A PUD(C)
COMMERCIAL PLANNED UNIT DEVELOPMENT FOR A PARCEL OF
LAND APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH
OF COUNTY ROAD 512, SOUTH OF THE INTERSECTION OF
COUNTY ROAD 512 AND FLEMING STREET, APPROXIMATELY
THREE AND ONE-HALF MILES WEST OF U.S. HIGHWAY 1, ALSO
KNOWN AS STATE ROUTE 5, AND EAST OF STRAIT AVENUE,
SUBJECT TO CERTAIN CONDITIONS; WAIVING SINGLE SITE
PLAN SUBMISSION; WAIVING CERTAIN SIDEWALK
REQUIREMENTS; PROVIDING FOR BINDING EFFECT; PROVIDING
FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
9
City Council Regular Meeting
November 14, 1990
Page Ten
13.
90.149
The Resolution was read by title only by the City
Attorney.
MOTION by Powell/McCollum
Move to adopt Resolution R-90-46 approving the
Preliminary Development Plan for Chesser's Gap
Planned Unit Development.
The Vice Mayor questioned a legal opinion that was
requested and Bruce Cooper replied that it had been
received verbally. A written opinion is forthcoming
and will be distributed to the Council.
ROLL CALL:
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
Councilman Rondeau
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS
ORDINANCE NO. 0-90-13 - Subdivision Access (Staff
Recommendation dated 10/24/90, O-09-13)
FIRST READING, SET PUBLIC HEARING 12/12/90
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REGARDING ACCESS TO SUBDIVISIONS;
AMENDING SECTION 20A-17.2 OF THE LAND DEVELOPMENT
CODE; PROVIDING FOR TWO PUBLIC MEANS OF INGRESS AND
EGRESS TO MAJOR SUBDIVISIONS; 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.
The City Attorney read the Ordinance by title only.
MOTION by Oberbeck/Powell
Move to approve first reading of Ordinance 0-90-
13 and set the Public Hearing on December 12, 1990.
10
City Council Regular Meeting
November 14, 1990
Page Eleven
9O.O58
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Rondeau
Mayor Conyers
Councilman McCollum
aye
aye
aye
aye
aye
MOTION CARRIED UNANIMOUSLY.
IB.
ORDINANCE NO. O-90-15 - Accessory Buildings
(Staff Recommendation dated 9/19/90, O-90-15)
FIRST READING, SET PUBLIC HEARING 12/12/90
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ACCESSORY BUILDINGS;
AMENDING SECTION 20A-5.7 OF THE LAND DEVELOPMENT CODE
TO REGULATE THE LOCATION OF ACCESSORY BUILDINGS;
PROVIDING HEIGHT RESTRICTIONS FOR ACCESSORY
STRUCTURES; PROVIDING AREA LIMITATIONS FOR ACCESSORY
STRUCTURES; PROVIDING FOR REPEAL OF ORDINANCES OF
PARTS OR 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.
The City Attorney read the Ordinance by title only
for First Reading.
MOTION by Oberbeck/Powell
Move to approve the First Reading of Ordinance O-
90-15 and set the Public Hearing for December 12,
1990.
The Vice Mayor questioned Item 5 of the Ordinance and
asked if the height limit referred to should not be
in feet. It was the consensus of all that the
ordinance not be changed.
ROLL CALL:
Councilman Powell
Councilman Rondeau
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED UNANIMOUSLY.
11
City Council Regular Meeting
November 14, 1990
Page Twelve
90.269 C.
RESOLUTION NO. R-90-47 - Golf Course Starters and
Rangers Job Description (Staff Recommendation
dated 11/8/90, R-90-47, Job DescriDtion)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF GOLF COURSE STARTER/RANGER; PROVIDING
FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF
SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the Resolution by title only.
MOTION by McCollum/Rondeau
Move to adopt Resolution R-90-47 aDproving a job
description for Golf Course Starters and Rangers.
ROLL CALL:
Councilman Rondeau
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
aye
MOTION CARRIED UNANIMOUSLY.
90.270
Establish Salary Level for Starter/Ranger, Head
Starter and Head Ranger (Staff Recommendation
dated 11/8/90, DeLarme Memo dated 11/8/90) ~
Vice Mayor Oberbeck noted that an hourly rate of
$5.50 was proposed for Starter/Rangers and $6.25/hr.
for Head Ranger or Head Starter. He asked if both
categories were part time employees? The City
Manager replied An the affirmative. He noted these
position would have to be bargained with CWA. Full
time benefits would not apply, however there would be
some part time benefits.
MOTION by McCollum/Powell
I move to establish salary levels for
Starter/Ranger, Head Starter and Head Ranger.
ROLL CALL:
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
Councilman Rondeau
MOTION CARRIED UNANIMOUSLY.
aye
aye
aye
aye
aye
12
City Council Regular Meeting
November 14, 1990
Page Fourteen
MOTION by Oberbeck/Powell
as stated above.
Voice Vote on the MOTION carried UNANIMOUSLY.
The City Manager was in receipt of a letter dated
November 11, 1990 from the Veterans of Foreign
Wars and the American Legion requesting that the
roadway between the two posts be named "Veterans
Memorial Drive". This item was placed on the
November 27, 1990 agenda.
Councilman Powell questioned the grass on the
path at Hardee Park, pavement broken on Main
Street and he was assured these items are now
under advisement.
City Manager reported briefly about the parking
lots on City Hall property. He then went on to
say that there is $95,000 budgeted for the
erection of a garage building and he is working
with Mosby and Associates to work on this. He
met with George Kulczycki of General
Development to discuss the City's ongo±ng street
and drainage maintenance in Units 16 and 17,
which have not yet been accepted by the City.
He noted that there were tracts of land that were
platted residential in Unit 17 but converted to
stormwater retention and his concern is that
these would be listed as single family dwelling
lots as far as land records and they could be
sold at tax auction. He is working on getting
the property deeds to these properties and also
Airport Drive, East. Mosby and Associates are
compiling a list of assets as an addendum to the
City's claim in Federal Bankruptcy Court by
December lOth.
18.
Approved on the ~'~-'
Being no further business to come before the
Council the meeting ADJOURNED at 8:48 p.m.
Council Meeting.
nryn ~. O Halloran, City Clerk
14
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
SUBJECT: Point - O - Woods
Subdivision
Agenda No. ~;2(J)~ ,~-72
Dept. of Or~gin= City ~anager
Date Bubm~tted~ 1L/05J90
Approved For Bubmittal By~ ) For Agenda Of~ 1L/14/90
~"--) Exhibits:
City Manager ) - Hosb¥ I~tter Dated, 10/il/90
)
) - McCiar~ Letter Dated, 08/01/88
EXPENDITURE
REQUIRED=
AMOUNT
BUDGETED
~PPROPRIATION
REQUIRED~
SUMMARY STATEMENT
Point - O - Woods subdivision was developed under the City's Land
Development Code with street and drainage facilities to be
privately owned and maintained. Consequently, the infrastructure
improvements did not meet the City's requirements for perpetual
maintenance by the City. I originally reviewed this matter in
1988 and indicated to the developer that the City would consider
accepting the streets and drainage improvements for City
maintenance provided they are brought into compliance with the
city's requirements for publicly maintained facilities. I see
little problem in the City accepting these improvements. To my
knowledge, there are no drainage problems within the subdivision
and the one (1) street, Robin Lane, has no indication of pavement
failure since its original construction. Given the
circumstances, the only major item to be corrected would be the
width of the street right-of-way from fifty (50) feet to sixty
(60) feet and this could be accomplished by a modification to an
existing fifteen (15) foot front utility easement to include
drainage. On August 1, 1988 I wrote to the developer and
outlined areas which needed to be addressed for the City to
accept this subdivision. Recently, the developer met with me to
review the status of these items. Subsequently, I asked our
consulting engineer, Mosby & Associates, inc., to again review
this matter and report to me. On October 11, 1990, Mosby &
Associates, Inc., responded by letter outlining recommendations
for the city to accept the streets and drainage for maintenance.
Review the request of Point-O-Woods developer for the City to
accept maintenance responsibility for the streets and drainage
within Point-O-Woods subdivision.
Mr. Rob McClary
~0ctober 11, 1990
Page 2
A detailed inspection of the roadways and drainage systems
is recommended. Any deficiency found should be repaired by
the contractor prior to acceptance by the City.
We recommend that the developer post a once a year maintenance
bond beginning the date of acceptance by the City.
e
To insure that the roadways have been constructed to the City's
standards we recommend the pavement cores be taken. The fre-
quency and location of these roadway cores should be left to
the discretion of the certified testing lab.
The recorded final plat shall be modified indicating the City
of Sebastian shall have access to all drainage easements and
Tract A for maintenance.
The developer shall bear the cost of all engineering, survey,
testing and recording fees accociated with the acceptance of
the Pointe-O-Woods Subdivision.
We are available to meet with you at your earliest convenience
regarding this project.
Should you require further information, please call.
Ve~~~urs,.~~p.E.~l
R~hdy Lt Mosby,
RLM:bes
cc
Mr. Rene Van De Voorde
Attorney At Law
August 1, 1988
Page 2
2. Drainage System. In 1982, when the subdivision was
developed drainage systems were regulated by DER rather than the
st. John's Nater Management District. In order to accept the
drainage improvements we would need the following documentation:
A. Verification that the subdivisioh received a permit
from DER for construction of the drainage improvements.
B. Verification that DER approved the drainage plan
for the subdivision.
C. Verification that the project engineer certified
the completion of the drainage improvements to DER and that DER
received and approved this certification.
3. Drainage Easements - Tract "A". The subdivision plat
indicates a Tract "A" as'a drainage area for the subdivision.
The final plat, as recorded in the land records of Indian River
County, must be modified to indicate that the City has access to
Tract "A", that the drainage easement on Tract "A" allows the
City to maintain the drainage system as constructed and that
Tract" A" is maintainable as a legal positive outfall.
4. Street and Drainage Improvements. We will require
certification by a registered professional engineer that the
improvements constructed within the subdivision { which are to be
accepted by the City for perpetual maintenance) were constructed
in accordance with City and FDOT standards as were in existence
in 1982 and' that said improvements are constructed within
generally accepted engineering standards.
5. Final Plat. Eight {8) prints and two {2) reproducible
mylars of the final plat must be submitted to the City Clerk and
be accompanied by the following:
A. A check.made payable to the Clerk of the Circuit
Court of Indian River County, in the amount established by that
office, for recording the plat.
B. A copy of the homeowner's association bylaws if
applicable.
Once the above outlined documentation has been received and the
final plat has been modified as requested in thks letter, the
grass and weeds within the subdivision must be trimmed so ti]at a
site inspection can be made by the City. Any deficiencies found'
· during the site inspection must be corrected prior to final
acceptance by the City.