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Home My WebLink About11231991 City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING MONDAY, DECEMBER 30, 199~ - ?: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. PURPOSE: 1) RESOLUTION NO. R-91-48 - Settlement Agreement Between City and General Development Corporation 2) Ron Harsh Request for Use of Riverview Park & Barber Street Sports Complex - Sebastian River Classic & 5-K Run 3) RESOLUTION NO. R-91-49 - Alcoholic Beverage Sales - New Year's Day 4) Architects' Design Group - Police Facility Facade Design 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC iNPUT ON AGENDA ITEMS 91.342/ 90.290 91.341 91.343 5. AGENDA ITEMS. RESOLUTION NO. R-91-48 - Settlement Agreement Between City ~nd General Development Corporation (R-91-48, Agreement and Exhibits A and B) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A SETTLEMENT AGREEMENT WITH GENERAL DEVELOPMENT CORPORATION, ("GDC") CONVEYING CERTAIN ASSETS FROM GDC TO THE CITY OF SEBASTIAN AS DESCRIBED IN EXHIBIT "A"; RELEASING GDC FROM CERTAIN OBLIGATIONS TO THE CITY OF SEBASTIAN AS DESCRIBED IN EXHIBIT "B"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ron Harsh - Request for Use of Riverview Park & Barber Street Sports Complex - Sebastian River Classic & 5-K Run (Staff Recommendation dated 12/12/91, Harsh Letter dated 12/10/91, TAB Letter dated 12/23/91) RESOLUTION NO. R-91-49 - Alcoholic Beverage Sales - New Year's Day (Staff Recommendation dated 12/20/91, Letter from Fraternal Order of Eagles dated 12/23/91) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROHIBITING THE SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AT ANY LOCATION WHERE ALCOHOLIC BEVERAGES ARE PERMITTED TO BE SOLD OR CONSUMED PURSUANT TO A LICENSE OR PERMIT ISSUED BY THE STATE OF FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, BETWEEN THE HOURS OF 3:00 A.M. AND 7:00 A.M. ON NEW YEAR'S DAY; PROVIDING FOR AN EFFECTIVE DATE. 90.133/ D. 91.144 Architects' Design Group - Police Facility Facade (Staff Recommendation dated 12/27/91, ADG Letter dated 12/26/91, Cooper Letter dated 12/13/91, Cooper Letter dated 12/20/91) 6. 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.) City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING MONDAY, DECEMBER 30, 199~ - 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. PURPOSE: 1) RESOLUTION NO. R-91-48 - Settlement Agreement Between City and General Development Corporation 2) Ron Harsh Request for Use of Riverview Park & Barber Street Sports Complex - Sebastian River Classic & 5-K Run 3) RESOLUTION NO. R-91-49 - Alcoholic Beverage Sales - New Year's Day 4) Architects' Design Group - Police Facility Facade Design Mayor Conyers called the special meeting to order at 7:00 p.m. and stated its purposes. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor W. E. Conyers Councilman Peter Holyk Vice Mayor Frank Oberbeck Councilman Lonnie Powell Councilman George Reid Special City Council Meeting December 30, 1991 Page Two Also Present: City Manager, Robert McClary Asst. City Attorney, Rick Torpy Director of Community Development Bruce Cooper Chief of Police, Earle Petty City Clerk, Kathryn M. O'Halloran Clerk, Linda Lohsl PUBLIC INPUT ON AGENDA ITEMS None. Before the following items were considered a lengthy discussion took place relating to placement of additional items on an agenda that was called specifically to consider a single item. The Assistant City Attorney explained the rationale for the additional items on the agenda as long as the Council is willing to include them. He noted that it was the Councils' prerogative to dismiss the incremental items. The Mayor requested that items 2, 3, and 4 be heard before Item 1. (91.341, 92.343 and 90.133/91.144 be heard before 91.342/90.290) MOTION by Oberbeck/Holyk I would move to hold off the Resolution on No. R-91-48 until later in the meeting and proceed with item number 2, the Ron Harsh Request for use of Riverview Park and Resolution No. R-91-49 - Alcoholic Beverage and Architects' Design Group - Police Facility Facade Design. VOICE VOTE CARRIED 5-0. 5. AGENDA ITEMS 91.341 Ron Harsh - Request for Use of Riverview Park & Barber Street Sports Complex - Sebastian River Classic & 5-K Run (Staff Recommendation dated 12/12/91, Harsh Letter dated 12/10/91, TAB Letter dated 12/23/91) MOTION by Oberbeck/Powell I would move that we approve the request and I will bring up my items under discussion. Special City Council Meeting December 30, 1991 Page Three 91.343 The letter submitted by Sebastian River Classic and the letter from Teens Against Boredom was discussed. it was noted that any food to be served should have the approval of the County Health Department. it was also brought to the attention of all that no alcoholic beverages should be a served and/or available. The sign permit should comply with the permission issued last year. It was noted that a band shell in the park was premature at this time. ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye aye aye aye aye MOTION CARRIED 5-0. RESOLUTION NO. R-91-49 - Alcoholic Beverage Sales - New Year's Day (Staff Recommendation dated 12/20/91, Letter from Fraternal Order of Eagles dated 12/23/91) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROHIBITING THE SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AT ANY LOCATION WHERE ALCOHOLIC BEVERAGES ARE PERMITTED TO BE SOLD OR CONSUMED PURSUANT TO A LICENSE OR PERMIT ISSUED BY THE STATE OF FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, BETWEEN THE HOURS OF 3:00 A.M. AND 7:00 A.M. ON NEW YEAR'S DAY; PROVIDING FOR AN EFFECTIVE DATE. MOTION by Oberbeck/Powell I would move that we adopt Resolution NO. R-91-49 permitting the hours of operation for local taverns and restaurants closed between the hours of 3:00 a.m. and 7:00 a.m. on Wednesday, January 1st. Discussion followed relating to amending the code of ordinances of the City to make this permanent. The City Manager said an ordinance is required and that he could ask the City Attorney to draft it. Councilman Holyk requested a report on any potential problems from the Chief of Police before a permanent ordinance is adopted. Special City Council Meeting December 30, 1991 Page Four 90.133/ 91.144 ReSolution No. R-91-49 was read by title only by the Mayor. He noted that this item was requested in writing by the Fraternal Order of Eagles. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye aye MOTION CARRIED 5-0. Architects' Design Group - Police Facility Facade (Staff Recommendation dated 12/27/91~ ADG Letter dated 12/26/91, Cooper Letter dated 12/13/91, Cooper Letter dated 12/20/91) The Mayor quoted from a letter received by the City from Architects' Design Group. In essence ADG will not do the design work as submitted and requested by the City. There were a great many questions presented to the Assistant City Attorney. He noted that this item can be negotiated with the architect and anything that the City does with regard to the new Police Facility should have the written consent of the architect. The City Manager gave a history of requests relating to this subject. He noted that in light of the architect's letter to the Council dated December 26, 1991 the council should decide if it wanted to change its mind or did it want to stick with the Mediterranean type design. The City Manager asked if the consensus of the City Council was: "You'd like to proceed with the alternative that you chose a week and one half ago and attempt to negotiate with the architect to accomplish that even if it means him taking his name off the exterior of the building?" The Vice Mayor suggested that the City Manager reverse the order. He stated he would prefer the City Manager negotiate with the architect first and then proceed. The City Manager stated that he had the direction that he needed. Special City Council Meeting December 30, 1991 Page Five 91.342/ A. 90.290 RESOLUTION NO. R-91-48 - Settlement Agreement Between City and General Development Corporation (R-91-48, Agreement and Exhibits A and B) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A SETTLEMENT AGREEMENT WITH GENERAL DEVELOPMENT CORPORATION, ("GDC") CONVEYING CERTAIN ASSETS FROM GDC TO THE CITY OF SEBASTIAN AS DESCRIBED IN EXHIBIT "A"; RELEASING GDC FROM CERTAIN OBLIGATIONS TO THE CITY OF SEBASTIAN AS DESCRIBED IN EXHIBIT "B"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-91-48 was read by title only by the Mayor. Tape 1 Side 2 The City Manager gave the City Council a great deal of background information relating to this matter. (Please see a copy of the City Manager's notes on file in the office of the City Clerk). The City Manager complemented Rick Torpy, Assistant City Attorney for his work in this matter and recognized George Kulczycki, Director of Community Operations for GDC. Mr. Torpy stated that this agreement is not unlike other agreements which have been struck with other communities in the state of Florida, however, it does vary in size in the amount of land at stake. He concurred with the City Manager that this was a very good agreement. Various questions from the Council were answered by the City Manager and the Assistant City Attorney. Vice Mayor Oberbeck was excused from 8:59 p.m. to 9:01 p.m. MOTION by Holyk/Reid We accept and adopt Resolution No. R-91-48, Settlement Agreement between City of Sebastian and General Development Corporation including Exhibits A and B. Special City Council Meeting December 30, 1991 Page Six ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck aye aye aye aye aye MOTION CARRIED 5-0. Being no further business to come before the City Council the Special Meeting ADJOURNED at 8:03 p.m. Kathrs~n M Halloran, City Clerk Council Meeting/h~ Conyer~ayor 6