HomeMy WebLinkAbout12021998 City of Sebastian
1225 Main 5treat 51 Sebastian, Florida 329§8
Telephone (561) §89-5330 o Fax (361) 389-5370
E-Mail: cityseb~iu.net
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, DECEMBER 2, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CiTY CLERK
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council -
limit often minutes per speaker (R-97-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATIONfMOMENT OF SILENCE
4. ROLL CALL
AGENDA MODIFICATIONS ~,D])[TIONS AND/OR DELETIOI~)
Items not on the written agenda may be added on~ upon a majori~, vote of CiO~ Council members (R-97-21)
6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS
98.036 A.
lares~l~tation of Plaques
Herbert Munsart - Planning and Zoning Commission
Shirley Kilkelly - Planning and Zoning Commission
William Brognano - Tr~e Advisory Board
98.206
B. Proclamation Honoring J.W. "Tommy" Thompson
7. CITY ATTOR4NEY MATTERS
8. CI'l~Y MANAGER MATTERS
98.095
98.093B
98.207
10.
11.
12.
13.
14.
15.
CITY COUNCIL MATTERS
Ao
B.
C.
D.
E.
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Larry Paul
Mayor Ruth Sullivan
Vice Mayor Mart]ha Wininger
CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of
consent agenda items unless a member of CiO~ Council so requests; in which event, the item will be removed and acted upon separately.
A. Approval of Minutes ~ 11/12/98 Workshop, 11/18/98 Workshop, 11/18/98 Regular Meeting
I~UBLIC~-~I~ARING
Procedares for public hearings: (R-97-21)
o Mayor Opens Hearing
o Attorney Reads Ordinance or Resolution
° StaffPresentation
· Public Input - Limit ofTen Minutes Per Speaker
° StaffSummation
° Mayor Closes Hearing
· CouncilAction
Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for
the Record
INTRODUCTION OF NEW BUSI~I~S$ FROM THE PUBLIC
Item that tuts occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit
often minutes for each speaker
COMMITTEE REPORTS/RECOMMENDATIONS
Ao
Tr~e Advisory Board (City Clerk Transmittal 11/24/98. One Appli~tiom Me_mOor List. Ad)
1. Interview and Appoint One Alternate Member Term to Expire 11/1/200
OLD BUSINESS
Approve Change Order 2 with Ranger Construction in the Amount of $4,788.56 - Community
Development Block Grant Project - Tabled from 11/18/98 (Public Works Transmittal 11/5/98, CRA
Letter 11/3/98, Change Order)
BUSINESS
Resolution No~ K-98-51 - Sffate, gic pla~ as Appendix to Comprehensive Plan (City Attom~ Transmittal
11/24/98oR-98-51)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REAFFIRM~O RESOLUTION
NO. R-97-70, ADOPTIN(} THE STRATEGIC PLAN FOR THE CITY OF SEBASTIAN AS LEGISLATIVE HISTORY FOR
THE COMPREHENSIVE LAND USE PLAN, PROVIDING FOR USE OF SAME IN INTERPRETING AND
IMPLEMENTING COMPREHENSIVE PLAN, REQUIR~G PUBLICATION AS APPENDIX TO COMPREHENSIVE
PLAN, PROVIDING FOR RESOLUTION OF CONFLICTS, PROVIDING FOR EFFECTIVE DATE.
98.088
98.139
98.001
98.209
98.210
98.211
98.212
Co
D°
Resolution No. R-98-52 - Abanqloning Airp~r~ Propq:l'o' (City Manager Transmittal 11/24/98, R-98-5~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING SURPLUS
AIRPORT PROPERTY; AUTHORIZING EXECUTION OF LETTER AGREEMENT WITH AND ACCEPTANCE OF
Dgk-~ OF RELEASE FROM FEDERAL AVIATION ADMINISTRA'IION; DIRIiCTING CITY MANAGER TO OFFER
SAID PROPERTY FOR SALE BY BID; SETTING CONDITIONS AND MINIMUM PRICE; PROVIDING FOR
EFFECTIVE DATE.
Resolution No. R-98-53 - Airport ioint Parti~;ipation ~t3greemell[ Betw¢en FDOT and City of
Sebastian for a Fuel Farm - Authorize City Mallpger tO l~xecute (City Manager Transmittal
11/24/[}8., ~.ttomqy Memo, Manager Memo, Proposed Agreemen0
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECLrI~ AND THE CITY CLERK TO ATTEST A JOINT PARTICIPATION AGREEMENT (GRANT)
WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR AN AIRPORT FUEL FACILITY;
PROVIDING FOR REPEAL OF RESOLWrlONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
First g~0~ling of Revised Ordinance No. O-98-21 - Falcon Cable Franchise Agreement - Set Public
H~tariag for 12/I 6/98 (City Manager Transmittal, Revised 0-98-2 II
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING TO FALCON CABLE MEDIA, A
CALIFORNIA LIMITED PARTNERSHIP, THE PERMISSION TO OCCUPY MUNICIPAL STREETS AND RIGHTS-OF-
WAY IN THE CITY OF SEBASTIAN, FLORIDA, AS A MEANS OF PROVIDING CABLE TELEVISION SERVICES;
PRESCRIBING THE TERMS AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF 1TS PROVISIONS; PROVIDING FOR SEVERABILITY OF
PROVISIONS; PROVIDING FOR PUBLICATION IN ACCORDANCE WITH LAW; AND PROVIDING FOR AN
EFFECTIVE DATE.
First Reading of Qrdina~e~ No. 0-98-20 - Material s for Drainage Pipes Under Drivew~ S~ales -
~;~t Public Hearing for 12/16/98 (City Engineer Transmittal 11/51~8, 0-98-20)
AN ORDINANCE OF THE CiTY OF SEBAST!AN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 90-87
(a) OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN RELATIVE TO DRAINS UNDER DRIVEWAYS
FOR SWALE DITCHES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
First R~afljl~g of Ordinance No. O-98-23 - Rezoning - Set Quasi-Judicial Public Hearing for
12/16/98 (Growth Management Transmittal 1 L/24198, 0-98-23. Ayy.[i~tion..Mop, Staff Re, pon,
P& Z Recommendatior0
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN
PROPERTY LOCATED AT 10900 U.S. HIGHWAY 1 CONTAINING 1.85 ACRES MORE OR LESS, FROM COR
(COMMERCIAL OFFICE RESIDENTIAL) TO IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Discussion of City Clerk Evaluation (City Clerk Memo 11/16/98)
Establish Policy for Charter Officer Evaluations (No Backup)
Adopt Fiscal Year 1999 Priority List Side Yard Culvert Installation (City Engineer Transmittal
11/20/98, Priority List)
98.214 J.
Authorize City Manager to Purchase Three Hand-Held Radios from Applied Concepts, Inc. for
Police Department - $6,330 - Sole Source (Police Transmittal 11/16/98, Quote, Sole-Source
Statement)
98.215 K.
Authorize City Manager to Hire Civil Engineer on Temporaw Basis for One Year (City Engineer
Transmittal w/Attachment)
98,161 L.
Approve Change Order with Applied Aquatic Management Inc. in the Amount of $6,000 (Public
Works Transmittal 11/24/98, Change Order 1)
98.216
M. Release Lien - Nancy Lee Sanders (Slavens) (City Manager Transmittal 11/24/98, Releases of Lien)
98.204 N.
Sebastian River Area Chamber of Commerce - Request to Allow Vendors in Riverview Park During
Santa Sail-in on December 4, 1998 (Chamber Letter)
16.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Council)
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 PRYINGS IS MADE, WttlCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WttlCH THE APPEAL iS TO BE
o;F~oMPLI/i. (286,0105F, S,)
NCE I97TH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE VgttO NEEDS A SPECIAL ACCOMMODATION FOR THIS
MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LFMST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Upcoming Mtetings:
Regular Meeting. Wednesday, 12/16/98 - 7 pm
Regular Meeting - Wednesday, 1/13/99 - 7pm
Regular Meeting- Wednesday, 1/27/99- 7pm
4
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
"New Business" as used herein, is defined as an item that has occurred
or was discovered within the previous six months
DECEMBER 2, 1998 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE
PREPARED AGENDA - LIMIT OF 10 347N~ES PER SPEAKER
Name:
Address:
Subject:
............................................. .aa ..... ....................
Address:
. ~ ._ ~ ,, .//)~ ::" , ,~ '~,
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, DECEMBER 2, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTiAN, FLORIDA
2.
3.
4.
Mayor Sullivan called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
There was a moment of silence.
BOi.~]~ CALL
City Council. Present:
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mr. Chuck Neuberger
Mr. Larry Paul
~itY Council Abseni;
Mrs. Louise Cartwright (excused)
S_taff present:
City Manager, Thomas Frame
City Attorney, Rich Stringer
City Clerk, Kathryn O'Halloran
Chief of Police, Randy White
Growth Management Director, Tracy Hass
Deputy City Clerk, Sally Maio
_Re~lm_~xCity Council Meeting
2, 1998
Page Two
3,GENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added on~ upon a majoriO, vote of CiO~ Council members (J~-97-21)
At the request of the City Manager, presentation of a plaque to the employee of the quarter was added to the
agenda, and item 15.K. 98.215 Request for a temporary civil engineer was withdrawn from the agenda.
6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRI~,SENTATIONS
98.036
A. PreseIl[iltion of Plaques
Mayor Sullivan read and presented a plaque to Herbert Munsart - Planning and Zoning Commission.
Shirley Kilkelly - Planning and Zoning Commission and William Brognano - Tree Advisory Board were not
present to receive plaques.
98.217
B. Presentation of P~gtuC tO Cliff Jamison - Employee of bbc Third Quarter
Mayor Sullivan read and presented a plaque to CliffJamison.
98.206
C. Proclamation Honoring J.W. "Toulllly" Thompson
Mayor Sullivan read a proclamation in memory of J.W. "Tommy" Thompson and presented it to his
two sons.
7. CITy ATTORNEY MATIEI~
The City Attorney:
· Was authorized to bring back an interim overlay zoning ordinance for the Riverfront due to the fact
that the citywide rezoning would be adopted approximately May 1999.
· Discussed the Board of Adjustment matter regarding constructing in-law quarters within a house in
single family residential districts and the fact that the city codes require that dwelling unit be defined
by use and design. The City Manager said he would have staffreview other areas to determine how
they regulate this.
· Was authorized to prepare a release of lien on a Louisiana Avenue property, but to hold executed lien
in escrow
8. ~'ITY MANAGER MATTj~RS
The City Manager:
° Discussed the possibility of removal of FPL street lights along Indian River Drive and it was
suggested he poll residents of the area. It was also the consensus of Council that the new lights
should not be placed on timers and should remain on during night time hours.
° Said he had received a request from CRA to allow minor grading in the Cavcorp property and
Council concurred. Council also expressed a need to have trees on the west side moved and to keep
vegetation low on the property so as not to obstruct river view.
2
~RegUlmbear City Council Meeting
r 2,
I~Page Three 1998
TAPE I - SIDE II (7:49 p.m.)
Said he would bring an item to the 12/16/98 agenda to consider a property swap with a property
owner adjacent to a city compound on Louisiana Avenue
9. CITY COUNCIL MATTER~
A. Mrs. Louise Cartwdght
Absent.
B. Mt', Chuck Neuberger
Requested an update on downtime on Public Works mowers, to which the City Manager
responded the City Attorney will have to address the issue
Requested an update on the police department air quality matter
Noted the City Manager has submitted an ad for skateboard task team members
Requested an update on a question on extended warranties
Expressed continuing concern for method of protection of city workers on U.S. I
C. Mr, Larry Paul
Questioned how old pending items can be cleared up, to which the City Manager he will
review the list and provide a written report
D. Mayor Ruth Sullivan
Discussed her concerns about the proposed six laning of U.S. 1 and announced a fact fmding
meeting in Council Chambers on 12/7/98 at 10 am. It was suggeswxl that staff research the
rejection of the proposal to 4 lane A 1A in Vero Beach. Metropolitan Planning Organization
Citizen Committee member Harry Thomas addressed Council.
Requested staff to proceed with taking adult entertainment out of Commercial General
zoning and putting it in Industrial zoning. The Growth Management Director stated this was
scheduled to be instituted in the zoning regulations. It was noted that the Comprehensive
Plan already addresses that issue
TAPE II - SIDE I (8:35 p.m.)
and there was a consensus to leave it as it is in the Comprehensive Plan for now.
aegeg~tlar City Council Meeting
mber 2, 1998
Four
98.095
10.
11.
12.
13.
E. Vice May_or Maj'tha Wjninger
Requested that policy on use of city stationary be placed on an agenda
Thanked all who had offered help when her husband had a medical emergency
Complimented the Public Works Director for solving a problem her husband had brought to his
attention
CONSENT AGJ~rkrl)A
,411 items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of
cons~t agenda items unless a member of CiO, Council so requests; in which eveng the item will be removed and acted upon separately.
A. Approval of Minutes - 11/12/98 Workshop, 11/18/98 Workshop, 11/18/98 Regular Meeting
The City Manager read the consent agenda.
MOTION by Paul/Neuberger
I move to approve the minutes as presented.
VOICE VOTE on the motion carried 4-0.
PUBLIC HEARING - None
iNT, RQI)I[JCTION OF NEW BUSINESS FRQM THE PUBLIC
Item that has occurred or wa~ discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit
often minutes for each speaker
The following individuals addressed City Council:
· Sal Neglia, 461 Georgia Boulevard, Sebastian
· Louise Kautenberg, 973 Oswego Avenue, Sebastian
· Leonard Bassi, 573 Browning Terrace, Sebastian
Chief White responded to Mr. Neglia's concerns that parking codes arc inconsistent and unenforceable. It
was suggested the City Attorney review them.
Mayor Sullivan called recess at 9:12 p.m. and reconvened the meeting at 9:28 p.m. All members present at
roll call were present when the meeting reconvened.
COMMITTEE REPORTS/RECOMMI~NDATIONS
Ao
Tree Advisory Board (City Clerk Transmittal 11/24/98, One Application, Member List, Ad)
1. Interview and Appoint One Alternate Member Term to Expire 11/1/2000
City Council interviewed Charles Roth.
4
_Re~mbar City Council Meeting
er 2, 1998
Page Five
MOTION by Paul/Sullivan
I'd like to move that we go ahead and accept Roth as the alternate member position which
will expire November 1, 2000.
VOICE VOTE on the motion carried 4-0.
14. OJ~D BUSINESS
98.093B
gl>prove Change Order 2 with Ranger Construction in the Amoqrtt of $4,788.56 - Conmlulaily
Development BIQck Grant Project - Tal~led from 11/18/98 (Public Works Transmittal 11/5/98, CRA
Letter 11/3/98, Change Order)
Thc City Manager gave a brief presentation on the deferred item; and thc City Attorney opined that
based on the contract documents, the City could legally defend itself if it chose to deny the change
order item Add-1, but that it is ultimately a policy decision of Council.
TAPE II - SIDE II (9:40 p.m.)
MOTION by Paul/Neuberger
I'll make a motion to approve change order//2 with deletion of Add item 1 but keeping and
maintaining number 6 and 19 which are delineators and catch basin.
ROLL CALL:
Mrs. Cartwright - absent
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
MOTION CARRIED 4-0
15. NEW BUSINES~
98.207
Resolution No. R-~8-51 - Strategic Plan o~ Appendix to Comp.r¢bensive Plan (City Attorney Transmittal
11/24/98, R-95-51)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. REAFFIRMING RESOLUTION
NO. R-97-70, ADOPIlNG THE STRATEGIC PLAN FOR THE CITY OF SEBASTIAN AS LEGiSLATIVE HISTORY FOR
THE COMPREHENSIVE LAND USE PLAN, PROVIDING FOR USE OF SAME IN INTERPRETING AND
IMPLEMENTINO COMPREItENSIVE PlJdq, REQUIRINO PUBLICATION AS APPENDIX TO COMPREHENSIVE
PLAN, PROVIDING FOR RESOLUTION OF CONFLICTS, PROVIDING FOR EFFECTIVE DATE.
The City Attorney read Resolution No. R-98-51 by title.
MOTION by Sullivan/Neuberger
I would move approval of Resolution R-98-51 including the strategic plan as part of the
Comprehensive Land Use Plan and adding the priority list.
5
ar City Council Meeting
mber 2, 1998
Page Six
ROLLCALL:
Mr. Neuberger - aye
Mr. Paul - nay
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - absent
MOTION CARRIED 3-1 (Paul - nay)
98.208/
98.088
Resolution No. R-98-52 -Abandoning Airport Property (City Manager Transmittal 1.1/24/98, R-~98-52)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING SURPLUS
AIRPORT PROPERTY; AUTHORIZING EXECUTION OF LETTER AGREEMENT WITH AND ACCEPTANCE OF
DEF~ OF RELEASE FROM FEDERAL AVIATION ADMINISTRATION; DIRECTING CITY MANAGER TO OFFER
SAID PROPERTY FOR SALE BY BID; SETTING CONDITIONS AND MINIMUM PRICE; PROVIDING FOR
EFFECTIVE DATE.
The City Manager explained the process for abandonment of the subject property.
MOTION by Neuberger/Paul
I move to approve Resolution No. R-98-52 declaring surplus airport property; authorizing
execution of letter agreement with acceptance of deed of release from FAA and directing the City
Manager to offer the property for sale by bid with minimum bid to be $1000.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - nay
Mrs. Cartwright - absent
Mr. Neuberger - aye
MOTION CARRIED 3-1 (Wininger - nay)
The City Attomey read Resolution No. R-98-52 by title,
98.139
Resolution NO. R-98-53 - Airport Joint Partjcipation Grant Agreement Bet_ween FDOT and Ci[v of
$~bastian for a Fuel Farm - Authorize City Manager to Execute (City Manager Transmittal
11/24/98, Attom~ Memo. Manager Memo, Proposed Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECLrTE AND THE CITY CI.~RK TO ATTEST A JOINT PARTICIPATION AGREEMENT (GRANT)
WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR AN AIRPORT FUEL FACILITY;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-98-53 by title.
6
_~~_a~ City Council Meeting
er 2, 1998
Page Seven
MOTION by Paul/Wininger
I move to adopt Resolution No. R-98-53 approving the Joint Participation Agreement with
the Florida Department of Transportation and authorizing the City Manager to execute the
agreement.
ROLL CALL:
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - absent
Mr. Neuberger - aye
Mr. Paul - aye
MOTION CARRIED 4-0
98.001
First R~0dJl~g of Revised Ordinance No. O-98-21 - Falcon Cabl~ Frt~nchi~ Agr?ement - Set Public
Hearing for 12/16/98 (City Manager Transll~il;t~l, ~¥ised 0-98-21)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING TO FALCON CABLE MEDIA, A
CALIFORNIA LIMrIED PARTNERSHIP, THE PERMISSION TO OCCUPY MUNICIPAL STREETS AND RIGHTS-OF-
WAY IN THE CITY OF SEBASTIAN, FLORIDA, AS A MEANS OF PROVIDING CABLE TELEVISION SERVICES;
PRESCRIBING THE TERMS AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING FOR SEVERABILITY OF
PROVISIONS; PROVIDING FOR PUBLICATION IN ACCORDANCE WITH LAW; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Ordinance No. O-98-21 by title.
Ken Vickers, Falcon Cable, addressed City Council, noting suggested revisions that had been
submitted by Falcon. Discussion took place on Falcon providing equipment and a suggestion to look
to the high school to provide some services. The City Attorney reviewed revisions made at the last
meeting.
TAPE III - SIDE I (10:25 p.m.)
It was the consensus of Council to delete the list of equipment on Appendix pages 2 and 3 and to
change "Grantor" to "Indian River County Emergency Services" on line 9 of Appendix page 3.
MOTION by Sullivan/Paul
I'll move to extend.
ROLL CALL:
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
-absent
-aye
MOTION CARRIED 4-0
7
.~.Regular City Council Meeting
~.ember 2, 1998
Page Eight
MOTION by Patfl/Neuberger
I move to accept the first reading of Ordinance No. 0-98-21 and set the second reading and
public hearing for December 16, 1998 as amended.
ROLL CALL:
Mrs. Wininger - aye
Mrs. Cartwright - absent
Mr. Neuberger - aye
Mr. Patti - aye
Mrs. Sullivan - aye
MOTION CARRIED 4-0
98.209
First Reading of Ordinance No. 0-98-20 - Matexial s for Drainage PipesUnder Drivew0y Swales -
Set Public Heari~ for 12/16/98 (City Engineer Trmsrnil~al 1_1/5/98, 0-98-20)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 90-87
(a)OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN RELATIVE TO DRAINS LrlqDER DRIVEWAYS
FOR SWALE DITCHES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; ARD PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-98-20 by title.
MOTION by Paul/Wininger
I move to approve the first reading of Ordinance 0-98-20 and schedule public hearing and
second reading for 12/16/98.
ROLL CALL:
Mrs. Cartwright - absent
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
MOTION CARRIED 4-0
MOTION by ?aulfWininger
If we could possibly move that (item N) up.
VOICE VOTE on the motion carried 4-0.
98.204
;Sebastian River Area Chamber of Commerce - Roqu~t to Allow Vondors in Riverview Park Durfllg
~;anta Sail-in on December 4, 1998 (Chamber Letter)
MOTION by Sullivan/Paul
I would move approval of the Sebastian River Area Chamber of Commerce request to allow
vendors in Riverview Park during the Santa Sail-in on December 4, 1998.
VOICE VOTE on the motion carded 4-0.
PageRegular City Council Meeting
mber 2, 1998
Nine
98.210 F.
Eirst ~,~ding of Ordinance No. 0-98-23 - Rezoning - Set Quasi-.Judicial Publi~; Hearing for
12/16/98 (Growth Management Transrfljttal 11/24/98, 0-98-23, Application, Map, Staff Report,
P& Z Recommendatio~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN
PROPERTY LOCATED AT 10900 U.S. HIGHWAY 1 CONTAINING 1.85 ACRES MORE OR LESS, FROM COR
(COMMERCIAL OFFICE RESIDENTIAL) TO IN 0NDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-98-23 by title only.
Discussion took place on industrial zoning on U.S. 1.
Randy Mosby, Mosby and Associates, addressed Council.
MOTION by Paul/Neuberger
I move to hold the public hearing and fu-st reading of Ordinance 0-98-23 and schedule
second reading and adoption hearing on December 16, 1998.
ROLL CALL:
Mrs. Sullivan - nay
Mrs. Wininger - nay
Mrs. Cartwright - absent
Mr. Neuberger - aye
Mr. Paul - aye
MOTION TIED 2-2 (No Vote)
When asked the result of the tie vote, the City Attorney said it is no approval and that he would have
to research procedures.
Mayor Sullivan moved item M up on the agenda.
98.216
M. Release Lie, - Nancy Lee Sanders (Slaven~ (fJty Manager Transmittal 11/24/98, Releaa~s of LiaR)
MOTION by Wininger/Neuberger
I move to approve the release of liens of two code enforcement liens on Lot 11, Block 146,
Sebastian Highlands, Unit 3, subject to payment of all required amounts including interest if
applicable.
ROLL CALL: Mrs. Wininger - aye
Mrs. Cartwright - absent
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 4-0
9
:gular City Council Meeting
December 2, 1998
Page Ten
The_f. olJ0~ing items were not addressed and will be c.arrjed to.13~ p~c~mber 16, 1998 meeting.
98.211
G. Discussion of City Clerk Evaluation (City Clerk Memo 11/16/98)
98.212
H. Establish Policy for Charter Officer Evaluations (No Backup)
98.213 I.
Adopt Fiscal Year 1999 Priority List Side Yard Culvert Installation (City Engineer Transmittal
11/20/98, Priority List)
98.214 J.
Authorize City Manager to Purchase Three Hand-Held Radia~ Radar Units from Applied Concepts,
Inc. for Police Department - $6,330 - Sole Source (Police Transmittal 11/16/98, Quote, Sole-Source
Statement)
98.161 L.
Approve Change Order with Applied Aquatic Management Inc. in the Amount of $6,000 (Public
Works Transmittal 11/24/98, Change Order 1)
16.
Approved at the
Mayor Sullivan adjourned the Regular Meeting at 10:58 p.m.
e~ 1998, Regular City Council Meeting. z
Mayor -~
Kathryn M. O'ti611oran, CMC/AA~
City Clerk
10