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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.