HomeMy WebLinkAbout12111991 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
91.331
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 11, 1991 - 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
3. iNVOCATION - Reverend Ed Eby, First Church of the
Nazarene
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARING, FINAL ACTION - None
8. PUBLIC INPUT ON AGENDA ITEMS
9. CONSENT AGENDA
A. Approval of Minutes - 11/20/91 Regular Meeting,
12/4/91 Workshop
B. Receive Code Enforcement Order No. 90-4444 -
Powell's Tire & Battery (Order)
91.332
91.333
91.235
90.290
91.071
RESOLUTION NO. R-91-46 - Abandonment of Easement
- Lot 4, Block 616, Unit 17, Sebastian Highlands
(R-91-46, City Engineer Memo dated 11/22/91,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE NORTH TEN FEET OF
THE SOUTH TWENTY FOOT EASEMENT OF LOT 4, BLOCK 616,
UNIT 17, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 8-46, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
Bid Award - Four Post Surface Lift - Vehicle
Service Equipment Corp., Ft. Lauderdale - $9,185
(Staff Recommendation dated 12/4/91, Bid
Tabulation Form, City Engineer Memo dated
12/2/91)
10. PRESENTATIONS
11.
12.
13.
PGA Report - Golf Course Expansion (City Manager
Recommendation dated 12/5/91, PGA Report
11/21/91)
MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
GDC Bankruptcy Settlement Contract Negotiations
(City Manager Recommendation dated 12/5/91, City
Manager Letter dated 11/13/91, Torpy Letter dated
11/27/91)
Indian River County Water & Sewer Negotiations
(City Manager Recommendation dated 12/5/91,
Chandler Letter dated 12/4/91, Draft Agreements
dated 12/4/91)
2
91.328
91.334
91.335
15.
16.
17.
18.
19.
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS - None
NEW BUSINESS
A. City Manager Contract Renewal (City Manager
Recommendation dated 11/14/91, Employment
Agreement)
B. Finance Department Renovations - Engage Peter
Jones, Architect to Prepare Plans &
Specifications - $1,040 (Staff Recommendation
dated 12/5/91, Jones Proposal dated 12/2/91)
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
A. Damiam Gilliams - Riverfront Property (Gilliams
Letter dated 11/12/91)
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.)
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DECEMBER 11, 1991 REGULAR MEETING
PUBLIC iNPUT ON AGENDA ITEMS
S IGNUP SHEET
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City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 11, 1991 - 7:00 P.M.
CiTY COUNCIL CHAMBERS
1225 MAI~ 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.
The Pledge of Allegiance was recited.
Invocation was given by Reverend Ed Eby, First Church
of the Nazarene.
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Peter Holyk
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman George Reid
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Finance Director, Mike Hudkins
Golf Course Manager, Jim DeLarme
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
December 11, 1991
Page Two
91.331
91.332
91.333
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Vice Mayor Oberbeck said he would bring up the issue
of CR 512 twin pairs under his matters.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Mayor Conyers announced that there would be no Indian
River County Transportation Planning Committee
meeting this month.
7. PUBLIC HEARING, FINAL ACTION
None.
8. PUBLIC INPUT ON AGENDA ITEMS
Ruth Sullivan, 1215 Indian River Drive, Sebastian,
addressed City Council in regard to water and sewer.
9. CONSENT AGENDA
Approval of Minutes - 11/20/91 Regular Meeting,
12/4/91 Workshop
Receive Code Enforcement Order No. 90-4444 -
Powell's Tire & Battery (Order)
RESOLUTION NO. R-91-46 - Abandonment of Easement
- Lot 4, Block 616, Unit 17, Sebastian Highlands
(R-91-46, City Engineer Memo dated 11/22/91,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE NORTH TEN FEET OF
THE SOUTH TWENTY FOOT EASEMENT OF LOT 4, BLOCK 616,
UNIT 17, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 8-46, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
Bid Award - Four Post Surface Lift - Vehicle
Service Equipment Corp., Ft. Lauderdale - $9,185
(Staff Recommendation dated 12/4/91, Bid
Tabulation Form, City Engineer Memo dated
12/2/91)
2
Regular City Council Meeting
December 11, 1991
Page Three
91.235
10.
Mayor Conyers read the consent agenda in its
entirety.
The City Manager responded to Councilman Powell's
inquiry as to the need for a four post lift.
Vice Mayor Oberbeck questioned whether any utility
ob3ections had been received on the abandonment of
easement. The City Clerk responded that if any
ob3ections are received the file would not come
before Council.
MOTION by Holyk/Powell
I move we approve items A, B, C and D of the
consent agenda.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
MOTION CARRIED 5-0.
PRESENTATIONS
PGA Report - Golf Course Expansion (City Manager
Recommendation dated 12/5/91, PGA Report
11/21/91)
John Rossi, PGA, gave a report on Phase I, market
assessment. He concluded his report by stating that
the market would support an additional facility.
MOTION by Holyk/Oberbeck
I move we proceed with the second task of the
study.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
3
Regular City Council Meeting
December 11, 1991
Page FOur
11. MAYOR'S MATTERS
Mayor Conyers reported on his recent tour of the
General Development Utilities water and sewer
facilities, and on the Christmas festivities on
December 6, 1991 sponsored by the Chamber of
Commerce.
Mayor Conyers called recess at 7:58 D.m. and
reconvened the meeting at 8:11 p.m. Ail members were
present.
12. COUNCIL MATTERS
A. Vice Mayor Oberbeck
91.045
Vice Mayor Oberbeck said a motion was made by the
the Sebastian Highlands Property Owners
Association to urge the City Council to present to
the County Commission a recommendation to pass a
resolution to put the issue of the CR 512 twin pairs
project on a referendum in March. He recommended
that the City Council pass a resolution and request
the County's assistance.
MOTION by Oberbeck/Powell
I move that we pass a resolution to put the issue
of the twin pairs on a referendum for citizens of the
North County.
Following some discussion on the proposal, the City
Manager stated that he didn't think that Council's
intent was a binding referendum.
The City Attorney said he didn't know if the City
could put an item on the ballot if it was its intent
to include all people in this impact fee district
since not all of them are residents of the city.
Vice Mayor Oberbeck clarified his motion to have the
resolution be made representative of the people of
the City.
Upon question by the City Clerk, the City Attorney
said he thought this needed to be done by ordinance.
Motion was changed to reflect this.
4
Regular City Council Meeting
December 11, 1991
Page Five
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
nay
aye
MOTION CARRIED 4-1 (Conyers - nay)
B. Councilman
In response to Councilman Holyk's inquiry in regard
to amendments to Day Care Center regulations, the
Director of Community Development responded that
Planning and Zoning would be recommending to the City
Council at the next regular meeting or workshop.
Councilman Holyk commended those responsible for the
Christmas festivities on December 6, 1991 and urged
further city participation in the future.
C. Councilman Powell
None.
D. Councilman Reid
Councilman Reid reported on his attendance at the TAB
open house and recommended further support for the
organization.
13. CITY ATTORNEY MATTERS
The City Attorney said he would be presenting a
report from the engineer on the Elkcam Waterway Dam
in the near future.
14. CITY MANAGER MATTERS
90.290
GDC Bankruptcy Settlement Contract Negotiations
(City Manager Recommendation dated 12/5/91L City
Manager Letter dated 11/13/91, Torpy Letter dated
11/27/91)
The City Manager reported on the latest negotiation
session with GDC and apologized for errors in the
draft agreement he presented to City Council. He
said GDC was anxious to move on the proposed
agreement.
5
Regular City Council Meeting
December 11, 1991
Page Six
91.071 B.
Indian River County Water ~ Sewer Negotiations
(City Manager Recommendation dated 12/5/91,
Chandler Letter dated 12/4/91, Draft Agreements
dated 12/4/91)
The City Manager reported on the success of the
latest negotiations with Indian River County relative
to the proposed water and sewer agreement.
Vice Mayor Oberbeck said this was the most impressive
negotiation he had ever sat in on.
Other Matters
Six sketches representing alternative facades for the
police facility were presented to City Council for a
consensus and sketch number six was chosen. The City
Manager said it was staff's intent to direct the
architect to draft the change order, solicit a price
from the contractor and bring it back to Council. It
was also recommended that mediterranean stucco be
used.
The Director of Community Development reported that
he would bring a report and request to bid on the
police facility generator to the next agenda.
In response to a recommendation by the City Manager,
City Council concurred that a sidewalk should be
constructed alongside U.S. 1 adjacent to Superamerica
using city dollars in an amount under 81500.
The City Manager said he would present a report on
the status of utility poles in the sidewalks east of
U.S. 1.
15. COMMITTEE REPORTS/RECOMMENDATIONS
None.
16. OLD BUSINESS
None.
6
Regular City Council Meeting
December 11, 1991
Page Seven
17. NEW BUSINESS
91.328 A.
91.334
City Manager Contract Renewal (City Manager
Recommendation dated 11/14/91, Employment
Agreement)
Following a lengthy discussion relative to
conditions of the City Manager's contract, i.e.,
deletion of contribution for dependent health
insurance coverage, length of the contract and
majority objection to the Manager's request for a
$340 car allowance, motion was made.
MOTION by Holyk/Reid
I move that we grant the extension of this
contract with the one item change in item 8(a) which
we have, both parties, mutually agreed to.
Vice Mayor Oberbeck and Mayor Conyers said that six
months is a fair contract term.
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Cony,rs
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
nay
aye
nay
MOTION CARRIED 3-2 (Cony.rs - Oberbeck - nay)
Vice Mayor said, for the record, there was no
question as to his confidence in the City Manager and
that his vote reflected his question on the contract
length. Mayor Cony, rs concurred.
Be
Finance Department Renovations - Engage Peter
Jones, Architect to Prepare Plans &
Specifications - $1,040 (Staff Recommendation
dated 12/5/91, Jones Proposal dated 12/2/91)
The Finance Director presented a request to Council
for renovation of the Finance Department. He said
there were funds budgeted for renovations to City
Hall.
Regular City Council Meeting
December 11, 1991
Page Eight
91.335
18.
19.
The City Manager discussed intended uses for the
balance of those budgeted funds, i.e., engagement of
an architect with historic design experience to
design the 2nd floor renovation and the
reconstruction of the wheelchair ramp.
It was the consensus of City Council to direct staff
to proceed.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
Damiam Gilliams - Riverfront Property (Gilliams
Letter dated 11/12/91)
Damian Gilliams, ERA Real Estate, presented a
proposal for purchase of a 6.5 acre riverfront parcel
for 8795,000 north of the city limits.
Councilman Holyk said he had been informed by staff
three or four weeks ago that an update on the
Riverfront district master plan would be forthcoming
"very shortly".
Discussion followed and Mr. Gilliams was advised to
approach the Indian River County Commission or Land
Acquisition Committee.
Being no further business, Mayor Conyers adjourned
the meeting at 10:04 p.m.
Approved at the
'Halloran, City
. E. Conye~r~0r
Council Meeting.
Clerk