HomeMy WebLinkAbout11281990 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 28, 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 Terri Hill, Roseland United
Methodist Church
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARING, FINAL ACTION
90.250
ORDINANCE NO. 0-90-11 - Tract A, Unit 14 Rezoning
- RS-10 to C 512 - Location in Title)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING
CERTAIN PROPERTY IN THE CENTRAL AREA OF THE CITY,
DESCRIBED AS TRACT A OF SEBASTIAN HIGHLANDS
SUBDIVISION PLAT UNIT 14, APPROXIMATELY 10 ACRES MORE
OR LESS LOCATED SOUTH OF COUNTY ROAD 512, EAST OF
STRAIT AVENUE, AND WEST OF SOUTH WIMBROW DRIVE, FROM
RS-10 (RESIDENTIAL SINGLE FAMILY) ZONING DISTRICT TO
C-512 (COMMERCIAL 512) ZONING DISTRICT; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
90.273
90.274
90.275
90.276
90.224
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
10/24/90, Advertised 11/14/90, PH 11/28/90)
8. PUBLIC iNPUT
Non-A~enda Items
1. Name Roadway Between American Legion and VFW
Posts "Veterans Memorial Drive" (Letter from
Post Commanders dated 11/11/90)
Roger Skillman Appeal - Alleged Code
Violation (Staff Recommendation dated
11/20/90, Skillman Letter dated 11/8/90,
Cooper Letter dated 7/30/90, Nicholson Letter
dated 11/2/90)
Earl Witherb¥ - Discuss CR 512 Twin Pairs
(Letter from Witherb¥ dated 11/20/90, R-88-77)
B. Agenda Items
CONSENT AGENDA
Approval of Minutes - 11/14/90 Regular Meeting,
11/15/90 Special Meeting w/ P & Z
RESOLUTION NO. R-90-48 - Endorsing Grant
Application - McClarty Museum (Staff
Recommendation dated 11/20/90, R-90-48)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, ENDORSING A GRANT
APPLICATION FILED BY THE McLARTY MUSEUM;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING
FOR AN EFFECTIVE DATE.
C. RESOLUTION NO. R-90-49 - FOP Contract
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, RATIFYING AMENDMENTS TO
THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY OF SEBASTIAN AND THE FLORIDA STATE LODGE,
FRATERNAL ORDER OF POLICE FOR THE PERIOD FROM
OCTOBER 1, 1990 THROUGH AND INCLUDING SEPTEMBER
30, 1991; PROVIDING AN EFFECTIVE DATE.
90.223
90.254
90.254
10.
11.
12.
D. RESOLUTION NO. R-90-50 - PBA Contract
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, RATIFYING AMENDMENTS TO
THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY OF SEBASTIAN AND THE COASTAL FLORIDA POLICE
BENEVOLENT ASSOCIATION, INC. FOR THE PERIOD FROM
OCTOBER 1, 1990 THROUGH AND INCLUDING SEPTEMBER
30, 1991; PROVIDING AN EFFECTIVE DATE.
PRESENTATIONS - None
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
ORDINANCE NO. 0-90-16 - Amend GDU Water
Franchise to Include Chesser's Gap (City Manager
Recommendation dated 11/20/90)
FIRST READING, SET PUBLIC HEARING 12/12/90
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO WATER DISTRIBUTION;
AMENDING ORDINANCE NO. 0-81-8 OF THE CODE OF
ORDINANCES TO EXPAND THE EXCLUSIVE FRANCHISE GRANTED
TO GENERAL DEVELOPMENT UTILITIES, INC., A FLORIDA
CORPORATION, TO OPERATE AND MAINTAIN A WATER
DISTRIBUTION SYSTEM WITHIN A PORTION OF THE CITY OF
SEBASTIAN, FLORIDA, TO INCLUDE A PARCEL OF LAND
APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF
COUNTY ROAD 512, NORTH 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 ROAD 5, AND EAST OF STRAIT AVENUE; PROVIDING
FOR 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.
RESOLUTION NO. R-90-51 - Amend IRC Franchise to
Exclude Chesser's Gap) (City Manager
Recommendation dated 11/20/90)
FIRST READING, SET PUBLIC HEARING 12/12/90
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, EXCLUDING CERTAIN TERRITORY FROM THE
WATER AND SEWER FRANCHISE GRANTED TO INDIAN RIVER
COUNTY, FLORIDA, ITS SUCCESSORS AND ASSIGNS;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
3
13. NEW BUSINESS
90.277
F-91 Street Improvement Program (Staff
Recommendation dated 11/19/90, Kinchen Memo dated
11/19/90, IRC Commodity Service Contract, Maps
Under Separate Cover)
90.278
Barber Street Sports Complex Project Manager
(City Manager Recommendation dated 11/20/90,
Mosby Letter dated 11/20/90)
89.003
Terminate 1986 (Post-Buckley) Airport Master Plan
(FAA Letter dated 11/7/90, City Manager Letter
dated 11/18/90 w/ backup)
90.279
J & S Aviation Airport Lease (City Manager
Recommendation dated 11/16/90, J & S Letter dated
11/16/90)
14. MAYOR'S MATTERS
90.199
A. Discuss Drainage Concerns (no backup)
15. COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
16. CITY ATTORNEY MATTERS
17. CiTY MANAGER MATTERS
90.280 A.
City Manager Personnel - Part-Time Administrative
Secretary (City Manager Recommendation dated
11/20/90, Outline of Projects, Administrative
Secretary Job Description)
90.281 B.
Report on Recreation Programming (City Manager
Letter dated 11/20/90, Mead Outline dated
11/20/90)
18. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
4
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 28, 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 7:00
p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend Terri Hill, Roseland
United Methodist Church.
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Robert McCollum
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Absent:
Councilman Lloyd Rondeau (excused)
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Upon requests by Councilman McCollum and the City
Manager, motion was made as follows:
Regular Ci%y Council Meeting
November 28, 1990
Page Two
MOTION by Oberbeck/Powell
I move %hat under new business we add items E
Annexation Le%ter and F Site Plan for Police Station.
VOICE VOTE on the motion carried 4-0.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
None.
7. PUBLIC HEARING, FINAL ACTION
90.250
ORDINANCE NO. O-90-11 - Tract A, Unit 14 Rezoning
- RS-10 to C 512 - Location in Title)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING
CERTAIN PROPERTY IN THE CENTRAL AREA OF THE CITY,
DESCRIBED AS TRACT A OF SEBASTIAN HIGHLANDS
SUBDIVISION PLAT UNIT 14, APPROXIMATELY 10 ACRES MORE
OR LESS LOCATED SOUTH OF COUNTY ROAD 512, EAST OF
STRAIT AVENUE, AND WEST OF SOUTH WIMBROW DRIVE, FROM
RS-10 (RESIDENTIAL SINGLE FAMILY) ZONING DISTRICT TO
C-512 (COMMERCIAL 512) ZONING DISTRICT; 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 11/14/90, PH 11/28/90)
The Ci%y Attorney read Ordinance No. 0-90-11 by title
only.
Mayor Conyers opened the public hearing at 7:08,
however, there was no input and he closed the public
hearing immediately.
MOTION by McCollum/Powell
I move we adopt Ordinance No. O-90-11.
ROLL CALL:
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
MOTION CARRIED 4-0.
2
Regular City Council Meeting
November 28, 1990
Page Three
8. PUBLIC INPUT
A. Non-Agenda Items
90.273 1.
Name Roadway Between American Legion and VFW
Posts "Veterans Memorial Drive" (Letter from
Post Commanders dated 11/11/90)
Eldon Loud, Commander of the American Legion Post 189
addressed Council.
Vice Mayor Oberbeck suggested "Drive" be changed to
"Way".
MOTION by Oberbeck/McCollum
I move we name the roadway between the American
Legion and VFW Posts to "Veteran's Memorial Way" .
The City Attorney advised Council to direct staff to
check with the County 911 system to be certain there
is no conflict with the naming of the street.
Vice Mayor Oberbeck and Councilman McCollum added to
the motion "subject to verification by city staff
that it does not create any conflict with the
County's 911 emergency system".
VOICE VOTE on the motion carried 4-0.
At this time, Mayor Conyers recognized Neal McHugh,
owner of Pelican Pub, who requested that Sunday
evening alcoholic beverage sales be moved to Monday
1:00 a.m. rather than midnight to be in line with the
County. Council did not act on the request.
90.274
Roger Skillman Appeal - Alleged Code
Violation (Staff Recommendation dated
11/20/90, Skillman Letter dated 11/8/90,
Cooper Letter dated 7/30/90, Nicholson Letter
dated 11/2/90)
The City Manager noted that Mr. Skillman was
allegedly in violation of city code, section 16-2,
regarding mowing vegetation and that since proposed
language was forthcoming which would amend the code,
perhaps Council could continue this item until such
time as it reviews the proposed ordinance.
Roger Skillman addressed Council and a brief
discussion ensued.
3
Regular City Council Meeting
November 28, 1990
Page Four
90.275
MOTION by Oberbeck/Powell
I move to continue Mr. Skillman's request until
such time as we have further information.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Mayor Conyers
Councilman McCollum
aye
aye
aye
aye
MOTION CARRIED 4-0.
Earl Witherby - Discuss CR 512 Twin Pairs
(Letter from W~therby dated 11/20/90, R-88-77)
Earl Witherby, 766 134th Street, presented a petition
consisting of approximately 240 signatures requesting
that City Council reconsider Resolution No. R-88-77,
which a previous Council adopted and which endorsed
the CR 512 twin pairs concept.
(Vice Mayor Oberbeck was excused from 7:55 to 7:57
p.m.)
Following a lengthy discussion and suggestion for
alternatives, Council concurred that it would address
this item at the December 5, 1990 joint special
meeting with the Indian River County Commission.
George Reid was recognized by Council and stated that
there were new concerns regarding the concept that
need to be addressed.
Mayor Conyers called recess at 8:13 p.m. and
reconvened the meeting at 8:25 p.m. Ail members
present at roll call were present.
B. Agenda Items
Addressed under non-agenda items.
9. CONSENT AGENDA
Approval of Minutes - 11/14/90 Regular Meeting,
11/15/90 Special Meeting w/ P & Z
4
Regular City Council Meeting
November 28, 1990
Page Five
90.276 B.
RESOLUTION NO. R-90-48 - Endorsing Grant
Application - McLarty Museum (Staff
Recommendation dated 11/20/90, R-90-48)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, ENDORSING A GRANT
APPLICATION FILED BY THE McLARTY MUSEUM;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING
FOR AN EFFECTIVE DATE.
90.224
C. RESOLUTION NO. R-90-49 - FOP Contract
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, RATIFYING AMENDMENTS TO
THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY OF SEBASTIAN AND THE FLORIDA STATE LODGE,
FRATERNAL ORDER OF POLICE FOR THE PERIOD FROM
OCTOBER 1, 1990 THROUGH AND INCLUDING SEPTEMBER
30, 1991; PROVIDING AN EFFECTIVE DATE.
90.223
D. RESOLUTION NO. R-90-50 - PBA Contract
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, RATIFYING AMENDMENTS TO
THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY OF SEBASTIAN AND THE COASTAL FLORIDA POLICE
BENEVOLENT ASSOCIATION, INC. FOR THE PERIOD FROM
OCTOBER 1, 1990 THROUGH AND INCLUDING SEPTEMBER
30, 1991; PROVIDING AN EFFECTIVE DATE.
MOTION by Oberbeck/McCollum
I move to approve the consent agenda.
The City Attorney read Resolution Nos. R-90-48, R-90-
49 and R-90-50 by title only.
ROLL CALL:
Councilman Powell
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
MOTION CARRIED 4-0.
aye
aye
aye
aye
10. PRESENTATIONS
None.
11. COMMITTEE REPORTS/RECOMMENDATIONS
None.
Regular City Council Meeting
November 28, 1990
Page Six
12. OLD BUSINESS
90.254 A.
ORDINANCE NO. O-90-16 - Amend GDU Water
Franchise to Include Chesser's Gap (City Manager
Recommendation dated 11/20/90)
FIRST READING, SET PUBLIC HEARING 12/12/90
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO WATER DISTRIBUTION;
AMENDING ORDINANCE NO. O-81-8 OF THE CODE OF
ORDINANCES TO EXPAND THE EXCLUSIVE FRANCHISE GRANTED
TO GENERAL DEVELOPMENT UTILITIES, INC., A FLORIDA
CORPORATION, TO OPERATE AND MAINTAIN A WATER
DISTRIBUTION SYSTEM WITHIN A PORTION OF THE CITY OF
SEBASTIAN, FLORIDA, TO INCLUDE A PARCEL OF LAND
APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF
COUNTY ROAD 512, NSRTH 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 ROAD 5, AND EAST OF STRAIT AVENUE;
PROVIDING FOR 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.
The City Attorney noted corrections in the title and
body of the Ordinance as follows: change "north" to
"south" as shown above in the title and change "onto"
to "unto" in the first whereas clause. He then read
Ordinance No. 0-90-16 by title only.
MOTION by Oberbeck/Powell
I move we approve Ordinance No. O-90-16 amending
the GDU water franchise to include Chesser's Gap and
set the public hearing for 12/12/90 with corrections
as stated by the City Attorney.
ROLL CALL:
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
MOTION CARRIED 4-0.
Regular City Council Meeting
November 28, 1990
Page Seven
90.254 B.
90.277
RESOLUTION NO. R-90-51 - Amend IRC Franchise to
Exclude Chesser's Gap) (City Manager
Recommendation dated 11/20/90)
FIRST READING, SET PUBLIC HEARING 12/12/90
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, EXCLUDING CERTAIN TERRITORY FROM THE
WATER AND SEWER FRANCHISE GRANTED TO INDIAN RIVER
COUNTY, FLORIDA, ITS SUCCESSORS AND ASSIGNS;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney noted corrections in the body of
the Ordinance as follows: change "north" to "south"
in section one, line four and change "onto" to "unto"
in the first whereas clause. He then read Resolution
No. R-90-51 by title only. The City Manager stated
that although not required, he felt a public hearing
was in the best interest of the city.
MOTION by McCollum/Oberbeck
I move we adopt Resolution No. R-90-51 with
corrections as noted and set public hearing for
12/12/90.
ROLL CALL:
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
MOTION CARRIED 4-0.
13. NEW BUSINESS
F-91 Street Improvement Program (Staff
Recommendation dated 11/19/90, Kinchen Memo dated
11/19/90, IRC Commodity Service Contract, Maps
Under Separate Cover)
The City Manager briefly reiterated staff's
recommendation for street improvements for fiscal
year 1991, requested general approval of the plan and
waiver of bid to use Martin Paving Company, the
Indian River County Commodity Service Contractor, in
the amount of approximately $200,090.
7
Regular City Council Meeting
November 28, 1990
Page Eight
At the suggestion of Vice Mayor Oberbeck, Council
concurred to include in the plan a bikepath on the
east side of Fleming from Vocelle to Lake, look into
establishing a school crossing at the intersection of
Lake and Fleming, continue the bikepath on the north
side of Lake to Easy Street and look into
constructing a pedestrian bridge on Fleming.
The City Manager said he would ask the Police
Department to do an evaluation and said the cost for
excavations and base work would be brought back to
Council.
MOTION by Oberbeck/McCollum
I move that we approve the proposed street
improvement program for fiscal year 91, approve the
bid waiver and award the contract to Martin Paving
Company under the Indian River County Commodities
Service Contract for approximately $200,090 and that
we add the additional bicycle path as discussed out
to Vocelle.
ROLL CALL:
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
Mayor Conyers
aye
aye
aye
aye
MOTION CARRIED 4-0.
90.278
Barber Street Sports Complex Project Manager
(City Manager Recommendation dated 11/20/90,
Mosby Letter dated 11/20/90)
MOTION by McCollum/Powell
I move we approve the letter of engagement
between the City and Mosby & Associates of Vero Beach
for construction management of the Barber Street
Sports Complex for fiscal year 1991 for $2,600.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Mayor Conyers
Councilman McCollum
aye
aye
aye
aye
MOTION CARRIED 4-0.
8
Regular City Council Meeting
November 28, 1990
Page Nine
89.003 C.
Terminate 1986 (Post-Buckley) Airport Master Plan
(FAA Letter dated 11/7/90, City Manager Letter
dated 11/18/90 w/ backup)
MOTION by Oberbeck/Powell
I move to ratify the City Manager's letter to FAA
dated November 28, 1990 requesting termination of the
master planning grant which was undertaken by the
City in 1986.
ROLL CALL:
Councilman Powell
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
aye
aye
aye
aye
MOTION CARRIED 4-0.
90.279
J & S Aviation Airport Lease (City Manager
Recommendation dated 11/16/90, J & S Letter dated
11/16/90)
The City Manager explained that in accordance with
EPA regulations, fuel tanks at J & S Aviation, a
property leased from the city, must be removed and
replaced. He said that lessee John Van Antwerp
proposes to replace the tanks and negotiate an
agreement with the city to develop an appreciation
schedule on the tanks so that if the lease is not
renewed in the year 1999, the city would buy the
remaining value of the improvements.
John Van Antwerp presented his request to Council.
The City Attorney said FAA approval is required and
the City Manager said he would like to review
possible city financial liability with the city's
auditors.
Following further discussion, motion was made.
MOTION by McCollum/Powell
I move we direct the City Attorney to prepare an
addendum to the Airport Lease for J & S Aviation to
address fuel tanks.
The City Manager noted that the addendum to the lease
will come back to Council for approval.
John Van Antwerp said he would inform EPA tomorrow
that he was negotiating with the city in good faith.
9
Regular City Council Meeting
November 28, 1990
Page Ten
ROLL CALL:
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
MOTION CARRIED 4-0.
(Vice Mayor Oberbeck was excused from 9:29 p.m. to
9:30 p.m.)
90.133
F. Site Plan - Police Station
The City Manager requested Council approval of the
preliminary site plan with minor recommended changes
for preparation of final site plan by Mosby and
Associates and said he would be coming back to
Council with a change order for the current Main
Street contractor for removal of old asphalt and
existing driveway.
MOTION by Powell/Oberbeck
I move we approve the approval of preliminary
site plan for the new police station.
ROLL CALL:
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
MOTION CARRIED 4-0.
89.159
90.019
E. Annexation Letter - Enclaves
The City Attorney said this item came about due to a
concern of Councilman McCollum as to how to approach
the annexation of certain enclaves of unincorporated
county property in the city limits. He said he had
received a letter on Monday of this week from
Representative Sembler stating that the Indian River
County Legislative Delegation meeting was scheduled
for December 13, 1990 and that any suggested special
acts had to be submitted to his office before that
time. He said that as a result he had prepared the
necessary documents and public notices to request a
special act.
Mayor Conyers and Councilman Powell said they were
unprepared to make a decision on the matter.
Mayor Conyers said Council had decided it will not
accept new items at Council meetings.
10
Regular City Council Meeting
November 28, 1990
Page Eleven
MOTION by Powell/Oberbeck
I move we take no action.
ROLL CALL:
Councilman McCollum
Vice Mayor Oberbeck
Councilman Powell
Mayor Conyers
aye
aye
aye
aye
MOTION CARRIED 4-0.
Councilman McCollum resigned from the Annexation
Committee.
14. MAYOR'S MATTERS
90.199
A. Discuss Drainage Concerns and Other Matters
Mayor Conyers requested the City Manager to formulate
a direction on drainage for a future workshop;
announced the 12/8/90 Riverfront Study Committee walk
through the waterfront area; said he had requested 2
parking spaces at City Hall for Councilmembers; and
said he would deliver the McClarty resolution to its
recipient tomorrow.
15. COUNCIL MATTERS
A. Vice Mayor Oberbeck
89.221
Vice Mayor Oberbeck questioned the validity of
Stanley Krulikowski being Chairman of the Riverfront
District Study Committee and the Planning and Zoning
Commission. The City Attorney said if the Riverfront
Committee recommends directly to the Planning and
Zoning Commission, Mr. Krulikowski should not be on
the Riverfront Committee.
The City Clerk said she had contacted Shirley Taylor,
Commission on Ethics, and had been informed that
since this committee has a say in land planning they
should fill out financial disclosure forms.
MOTION by Powell/Oberbeck
I move we withdraw Stanley Krulikowski as member/
chairman for the Riverfront Study Committee with deep
regret.
11
Regular City Council Meeting
November 28, 1990
Page Twelve
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Mayor Conyers
Councilman McCollum
aye
aye
aye
aye
MOTION CARRIED 4-0.
It was decided to request a recommendation for
appointment of a new member and Chairman from the
committee.
B. Councilman McCollum
None.
C. Councilman Powell
Councilman Powell questioned the status of the Hardee
Park Trail and whether the city had a noise
ordinance.
D. Councilman Rondeau
Absent.
16. CITY ATTORNEY MATTERS
The City Attorney said he had submitted resolutions
regarding the proposed County wide emergency services
district to the City Manager for review.
17. CITY MANAGER MATTERS
90.280
~ Manager Personnel - Part-Time Administrative
Secretary (City Manager Recommendation dated
11/20/90, Outline of Projects, Administrative
Secretary Job Description)
MOTION by McCollum/Powell
I move we authorize a part-time administrative
secretary for the City Manager's office not to exceed
1040 hours.
ROLL CALL:
Councilman Powell
Mayor Conyers
Councilman McCollum
Vice Mayor Oberbeck
aye
nay
aye
aye
MOTION CARRIED 3-1 (Conyers - nay)
12
Regular City Council Meeting
November 28, 1990
Page Thirteen
90.281 B.
18.
Report__°n Recreation Pro~rammin~ (City Manager
Letter dated 11/20/90, Mead Outline dated
11/20/90)
The City Manager reviewed the proposed recreation
program with Council.
No action was necessary.
C. Other Matters
The City Manager suggested the addition of a
discussion of new airport zoning regulations to the
December 5, 1990 joint meeting with the Indian River
County Commission.
Being no further business, Mayor Conyers adjourned
the meeting at 10:30 p.m.
Kathr~ M. O'Halloran, City Clerk
Council Meeting.
W.E. Conye~/~¥or
13