HomeMy WebLinkAbout01251995 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JANUARY 25, 1995 - 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.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - No One Available
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND]OR DELETIONSk -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
95. 015
95.016
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. MARCH 14, 1995 ELECTION MATTERS
Proclamation - Calling March 14, 1995 General
Election
RESOLUTION NO. R-95-01 - 3/14/95 General
Election (city Clerk Transmittal dated
1/13/95, R-95-01)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL
POLLING PLACES FOR A GENERAL ELECTION TO BE HELD
ON MARCH 14, 1995, FOR THE PURPOSE OF ELECTING
THREE (3) CITY COUNCIL MEMBERS FOR TERMS OF TWO
(2) YEARS; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
Formal Request for Supervisor of Elections
for Indian River County to Conduct Election
(City Clerk Transmittal dated 1/13/95)
Appointment of Canvassing Board Members by
City Clerk (city clerk Transmittal dated 1/13/95)
PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
RESOLUTION NO.. R-95-02 - Golf Course Rate
Amendment - Decrease Non-Member Nine Hole Walking
Rate (City Clerk Transmittal dated 1/19/95,
R-95-02)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-94-46
PERTAINING TO GREENS FEES AT THE MUNICIPAL GOLF
COURSE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
2
94.248
95.017
8. QUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows
(in accordance with R-94-54):
- Mayor Opens Hearing
- Clerk Administers Oath
- Staff Presentation
- Affected Parties May Question Staff
- Applicant's Presentation - 15 Minutes
- Proponents' Presentation - 3 Minutes*
- Inquiry of Applicants
- Opponents' Presentation - Affected 15 Minutes -
Other 3 Minutes*
- Inquiry of Opponents
- Informational Testimony - 3 Minutes*
- Inquiry of Informational Witnesses
- Mayor Closes Public Information Period
- Staff Response and Summary
- Applicant's Rebuttal - 10 Minutes
- Board and Staff Inquiry
*If representing group of 5 or more - may take up to
10 minutes
ORDINANCE NO. O-94-13 ~ Airport Rezoning
Public Hearing Rescheduled from 12/7/94 (Director
of Community Development Transmittal dated
11/29/94, o-94-13)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY LOCATED AT THE SEBASTIAN MUNICIPAL
AIRPORT FROM IN (INDUSTRIAL DISTRICT) TO AI (AIRPORT
AND INDUSTRIAL FACILITIES DISTRICT); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Richard Fey - Request for Special Use Permit -
Sandmining (Director of Community Development
Transmittal dated 1/17/95, Application, Kerr
Letter dated 10/18/94, Westerman Letter dated
10/27/94, Rushnell Letter dated 12/5/94, P & Z
Memo dated 12/16/94, Plans Under Separate Cover)
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
3
94.260
95.014
95.018
95.019
10. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 1/4/95 Special Meeting,
1/4/95 Workshop, 1/11/95 Regular Meeting
RESOLUTION NO. R-95-03 - Henry A. Fischer & Sons
- Indian River Tree Recycling and Mulch - Special
Use Permit (City Manager Transmittal dated
1/18/95, R-95-03)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE
PERMIT TO HENRY FISCHER AND SONS, INC. FOR A TREE
RECYCLING AND MULCH FACILITY ON APPROXIMATELY 22
ACRES OF LAND; FINDING THE USE IS NOT DETRIMENTAL
TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS
CONSISTENT WITH THE PURPOSE AND INTENT OF THE
iNDUSTRiAL DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
RESOLUTION NO. R-95-04 - Authorizing Expenditure
Not to Exceed $5,000.00 - Riverfront Planning
Project (R-95-04)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING AN EXPENDITURE
NOT TO EXCEED $5,000.00 FOR A RIVERFRONT PLANNING
PROJECT, TO BE ADMINISTERED BY THE CITY MANAGER;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
Easy Street Bikepath Bids - Reject Ail Bids and
Rebid Project (Engineering/Public Works
Transmittal dated 1/13/95, Bid Tabulation, Bid
Documents)
Bid Waiver - Concrete Pipe Installation - Side
Culvert Ditch - Southern Culvert - $8,824.24
(Engineering/Public Works Transmittal dated
1/10/95, R-93-35, Application and Agreement
Forms)
95.020
95.021
95.022
95.024
95.025
94.292
93.196
94.029
95.010/
94.200
11.
12.
Sebastian River High School Athletic Department -
Request Use of Sebastian Municipal Golf Course as
"Home Course" - Practice and Match Play - 2-3
Times Per Week After 2:30 p.m. Through May 5,
1995 (City Manager Transmittal dated 1/18/95,
SRHS Letter dated 12/16/94)
Craft Club - Request Use of Riverview Park -
4/1/95 (4/2/95 Raindate) and 5/6/95 (5/7/95
Raindate) - Standard Conditions (City Clerk
Transmittal dated 1/10/95, Deyter Letter)
Sebastian Lions Club - Request Use of Riverview
Park - Spring Steak Dinner ~ 4/8/95 - 3:30 p.m.
to 6:30 p.m. - Standard Conditions (Director of
Community Development Transmittal dated 1/17/95,
Anderson Letter dated 1/11/95)
PRESENTATIONS - None
COMMITTEE REPORTS/RECOMMENDATIONS
Handicapped Self-Evaluation Committee (Human
Resources Transmittal dated 1/17/95, Nalepa
Resignation Letter, Schum Application)
1. Accept Resignation of Susan Nalepa
Appoint George Schum to Fill Unexpired Term
to June 1996
13. OLD BUSINESS
Consider Amendment to Schedule "B" of Airport
Lease Between Charles Clay Price and City of
Sebastian (City Manager Transmittal dated
12/1/94, Second Amendment to Lease)
Charles Clay Price Request to Enter Into New
Sublease with Skydive Sebastian, Inc./Andrew J.
Grimwade (City Manager Transmittal dated
11/20/94, 11/28/94 Price Letter, Proposed
Sublease, 10/3/94 Van Antwerp Letter, 1/26/94
Minutes Excerpt)
Approve Payment of Additional Asphalt Tonnage -
Barber Street RR Crossing - Dickerson of Florida,
Inc. - $3,782.00 - Postponed from 1/11/95 (Public
Works/Engineering Transmittal dated 1/19/95, FEC
Agreement, Specs, FEC Letters dated 6/17/94,
1/16/89, Cost Estimates)
5
95.026
14.
15.
16.
17.
18.
~EW BUSINESS - None
CITY COUNCIL MATTERS
A. Vice-Mayor Carolyn Corum
1. Abolish Motor-Voter Bill (Corum Transmittal
dated 1/19/95)
B. Mrs. Norma Damp
C. Mr. Robert Freeland
D. Mr. Frank Oberbeck
E. Mayor Arthur Firtion
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
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.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
6
PUBLIC INPUT ON AGENDA iTEMS SIGNUP SHEET
JANUARY 25, 1995 REGULAR MEETING
Use this form ONLY for in~ut on items on the ~re~ agenda
K~CEPTFORPUBLICHEARINGSwhich have their own signup sheets...
Speakers will address City Council immediately prior to the
deliberation of the item by the City Council (R-93-19)
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
PUBLIC HEARING SIGN-UP SHEET
JANUARY 25, 1995 REGULAR MEETING
95.016
RESOLUTION NQ, RU.95-02 - GOlf Course Rake
Amendment -Decrease Non-Member...NineH~e. Walking
Rate (City Clerk Transmittal dated 1/19/95,
R-95-02)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-94-46
PERTAINING TO GREENS FEES AT THE MUNICIPAL GOLF
COURSE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Please use this form only for input on the above public hearing
item.
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
',SS:
(Use
prepared agenda.
SUBJECT: ~ ,'~/ ~ ~ ~/~ ~ ~'~
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGNUP SHEET
JANUARY 25, 1995 REGULAR CITY COUNCIL MEETING
this form OI~Y for presentation of NEW matters ~0~ on the
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JANUARY 25, 1995 ~ 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.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
Mayor Firtion called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
3. No Invocation.
4. ROLL CALL
City Council
Present:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Mr. Frank Oberbeck
Staff Present:
City Manager, Joel L. Koford
City Attorney, Clifton A. McClelland, Jr.
Director of Community Development,
Bruce Cooper
Deputy city Clerk, Sally Maio
Administrative Secretary, Joanne Sandberg
Regular City Council Meeting
January 25, 1995
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
95.015
A. MARCH 14, 1995 ELECTION MATTERS
Proclamation - Calling March 14, 1995 General
Election
Mayor Firtion read the proclamation calling the March
14, 1995 General Election.
RESOLUTION NO___=. R-95-01 - 3/14/95 General
Election (City Clerk Transmittal dated
1/13/95, R-95-01)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL
POLLING PLACES FOR A GENERAL ELECTION TO BE HELD
ON MARCH 14, 1995, FOR THE PURPOSE OF ELECTING
THREE (3) CITY COUNCIL MEMBERS FOR TERMS OF TWO
(2) YEARS; 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-95-01 by
title only.
MOTION by Damp/Freeland
I move to adopt Resolution No. R-95-01.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Regular City Council Meeting
January 25, 1995
Page Three
Formal Request fo__r Supervisor of Elections
for Indian River Countl t_9o Conduct Election
~cit¥ Clerk Transmittal dated 1/13/95)
MOTION by Freeland/Oberbeck
I move to formally request the Supervisor of
Elections of Indian River County to administer the
March 14, 1995 general election.
ROLL CALL:
Mrs. Damp ~ aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Appointment of Canvassing Board Members by
City Clerk (City Clerk Transmittal dated 1/13/95)
Mayor Firtion accepted the appointment as member of
the Canvassing Board.
7. PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
95.016
RESOLUTION NO. R-95-02 - Golf Course Rate
Amendment - Decrease Non-Member Nine Hole Walking
Rate (City Clerk Transmittal dated 1/19/95,
R-95-02)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-94-46
PERTAINING TO GREENS FEES AT THE MUNICIPAL GOLF
COURSE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Regular City Council Meeting
January 25, 1995
Page Four
Mayor Firtion opened the public hearing at 7:05 p.m.
and the City Attorney read Resolution No. R-95-02 by
title only.
Mayor Firtion closed the public hearing at 7:06 p.m.
MOTION by Oberbeck/Damp
I'll move for the approval of Resolution No.
R-95-02.
Mayor Firtion requested a staff report on the results
of the decrease.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - nay
MOTION CARRIED 4-1 (Damp - nay)
8. QUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows
(in accordance with R-94-54):
- Mayor Opens Hearing
- Clerk Administers Oath
- Staff Presentation
- Affected Parties May Question Staff
- Applicant's Presentation - 15 Minutes
- Proponents' Presentation - 3 Minutes*
- Inquiry of Applicants
- Opponents' Presentation - Affected 15 Minutes -
Other 3 Minutes*
- Inquiry of Opponents
- Informational Testimony - 3 Minutes*
- Inquiry of Informational Witnesses
- Mayor Closes Public Information Period
- Staff Response and Summary
- Applicant's Rebuttal - 10 Minutes
- Board and Staff Inquiry
*If representing group of 5 or more - may take up to
10 minutes
4
Regular City Council Meeting
January 25, 1995
Page Five
94.248 A.
ORDINANCE NO. 0-94-13 ~ Airport Rezoning
Public Hearing Rescheduled from 12/7/94 (Director
of Community Development Transmittal dated
11/29/94, O-94-13)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY LOCATED AT THE SEBASTIAN MUNICIPAL
AIRPORT FROM IN (INDUSTRIAL DISTRICT) TO Ai (AIRPORT
AND INDUSTRIAL FACILITIES DISTRICT); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Firtion opened the quasi-judicial hearing at
7:08 p.m., the City Attorney read Ordinance No.
O-94-13 by title only, and the Deputy city Clerk
administered an oath to the Director of Community
Development, who gave a brief presentation.
Mayor Firtion closed the quasi-judicial hearing at
7:10 p.m.
MOTION by Oberbeck/Freeland
I would move for the adoption of Ordinance No.
O-94-13.
Vice Mayor Corum inquired about the description of
the subject strip of land.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Regular City Council Meeting
January 25, 1995
Page
95.017 B.
Richard Fey - Request for Special Use Permit -
Sandmining (Director o__f Community Development
Transmittal dated 1~17/95, Application, Kerr
Letter dated 10/18/94, Westerman Letter dated
10/27/94, Rushnell Letter dated 12/5/94, P & Z
Memo dated 12/16/94~ Plans Under Separate Cover)
Mayor Firtion opened the quasi-judicial hearing at
7:12 p.m., and the Deputy City Clerk administered an
oath to the Director of Community Development who
presented the application for a sandmining special
use permit on an overhead display.
The Director of Community Development explained that
this subject property had been previously denied by
City Council for a mulching permit, was subsequently
overturned on appeal, which in effect results in
a standing approval for mulching with certain
required conditions. He said one of the conditions
was that there be no burning or sandmining unless a
permit was requested to do so.
The City Attorney advised that a sandmining
application is before city Council, that there is, by
virtue of a court decision, approval for a mulching
special use permit for this property, and that the
interconnection of those two uses has to be viewed in
contemplating a decision. He said the applicant has
the option of withdrawing the mulching permit or
requesting a waiver of the condition relative to
sandmining (condition 8).
City Council discussion followed on procedures
for sandmining approval.
The Deputy City Clerk swore in Wayne Westerman,
engineer for applicant Richard Fey. Mr. Westerman
offered testimony relative to design of the property.
The City Attorney said the City needs to take notice
of the court order and letters from Attorney Torpy
dated July 11 and 15, 1994 and requested that Mr.
Westerman clarify the applicants position with
respect to condition #8 regarding the prohibition
against burning and sandmining. Mr. Westerman
stated it was his understanding that in order to
develop the site for the mulching operation,
sandmining is required to excavate more than 5,000
cubic yards from the site.
6
Regular City Council Meeting
January 25, 1995
Page Seven
TAPE I - SIDE II (7:47 p.m.)
Mr. Westerman requested a waiver of condition #8 in
the court order to permit the sandmining, said the
project will take approximately one year, and said
improvements will be made to Old Dixie Highway.
The City Attorney advised that all conditions must be
met prior to establishment of the mulching operation.
Mr. Oberbeck noted that the applicant is requesting
sandmining approval at this time to prepare the site
for mulching and at the time he intends to begin the
mulching operation he will be required to meet the
conditions of the court order.
The Director of Community Development recommended
that the City Council impose a condition that the
applicant comply with Indian River County
requirements for the road.
Mayor Firtion stated the proposal was incorrect due
to the fact that there is no site plan.
The City Attorney reiterated that there is an
outstanding mulch approval that has to be considered,
however, the sandmining and mulching have to be
considered separately as to their impact and the
application of the code on them, and that approval
for sandmining can't be inconsistent with the current
mulch permit.
Mrs. corum requested a fifty foot wide eight foot
high berm on the west side of the property and
establishment of a height limitation for piles. Mr.
Westerman concurred with the conditions.
Mayor Firtion inquired whether any sand had recently
been removed from this site in the past three to
four months. The Director of Community Development
responded that sand was brought in to level out the
area and removed to another location but no fresh
excavation had been done.
7
Regular City Council Meeting
January 25, 1995
Page Eight
Mayor Firtion called recess at 8:25 p.m. and
reconvened the meeting at 8:32 p.m. Ail members were
present.
Mayor Firtion closed the quasi-judicial hearing at
8:33 p.m.
The Director of Community Development recommended
approval based on P & Z conditions and statements
made by the applicant's engineer.
TAPE II - SIDE I (8:42 p.m.)
The City Attorney advised that the record include the
application, court order, and July llth and 15th
letters from Attorney Torpy.
Mayor Firtion recommended certain conditions and
Mr. Freeland noted that another sandmining project
was in operation adjacent to the subject site.
MOTION by Oberbeck/Freeland
I move that we approve to have the City Attorney
draft a resolution approving the sandmining permit
subject to the conditions outlined by the Planning
and Zoning Commission, stipulating that any
stockpiling will not exceed the current highest point
on the topo submitted with this request (elevation
32'), and the applicant is to establish an agreement
with Indian River County regarding any special
conditions which may be required for the use of Old
Dixie Highway, the applicant is to meet the
requirements as outlined in the letter of October 27,
1995 by Wayne Westerman and we waive item #9 as
requested.
MOTION was seconded at this point.
Mrs. Corum noted that the applicant's engineer had
concurred with adding a 50' wide by 8' high berm on
the west side.
The City Attorney inquired whether the waiver of the
condition in the court order relative to sandmining
(condition #8) was included in the motion and Mr.
Oberbeck and Mr. Freeland concurred.
Mr. Oberbeck then added establishing Saturday hours 9
a.m. to 4 p.m. Mr. Freeland concurred.
8
Regular City Council Meeting
January 25, 1995
Page Nine
10.
Mrs. Damp recommended that the applicant either apply
for a mulching permit or withdraw the mulching
request. The City Attorney said the applicant is not
obligated to withdraw the mulching approval,
therefore, the City must act upon the current request
by waiving the condition or denying the permit.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Keith Miller, 961 Riviera Avenue, Sebastian, spoke on
certain problems in the City he has brought to staff
for correction.
John Kanfoush, 1437 Seahouse Street, Sebastian,
said the Creative Playground is not in compliance
with ADA rules.
Sal Neglia, 461 Georgia Boulevard, Sebastian, discussed
the "carnival" atmosphere of Council meetings.
CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 1/4/95 Special Meeting,
1/4/95 Workshop, 1/11/95 Regular Meeting
Regular City Council Meeting
January 25, 1995
Page Ten
94.260 B.
95.014 C.
95.018 D.
95.019 E.
95.020 F.
RESOLUTION NO. R-95-03 - Henry A. Fischer & Sons
- Indian River Tree Recycling and Mulch - Special
Use Permit (City Manager Transmittal dated
1/18/95, R-95-03)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE
PERMIT TO HENRY FISCHER AND SONS, INC. FOR A TREE
RECYCLING AND MULCH FACILITY ON APPROXIMATELY 22
ACRES OF LAND; FINDING THE USE IS NOT DETRIMENTAL
TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS
CONSISTENT WITH THE PURPOSE AND INTENT OF THE
INDUSTRIAL DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
RESOLUTION NO. R-95-04 - Authorizing Expenditure
Not to Exceed $5,000.00 - Riverfront Planning
Project (R-95-04)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING AN EXPENDITURE
NOT TO EXCEED $5,000.00 FOR A RIVERFRONT PLANNING
PROJECT, TO BE ADMINISTERED BY THE CITY MANAGER;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
Easy Street Bikepath Bids - Reject Ail Bids and
Rebid Project (Engineering/Public Works
Transmittal dated 1/13/95, Bid Tabulation, Bid
Documents)
Bid Waiver - Concrete Pipe Installation - side
Culvert Ditch - Southern Culvert - $8,824.24
(Engineering/Public Works Transmittal dated
1/10/95, R-93-35, Application and Agreement
Forms)
Sebastian River High School Athletic Department -
Request Use of Sebastian Municipal Golf Course as
"Home Course" - Practice and Match Play - 2-3
Times Per Week After 2:30 p.m. Through May 5,
1995 (City Manager Transmittal dated 1/18/95,
SRHS Letter dated 12/16/94)
10
Regular City Council Meeting
January 25, 1995
Page Eleven
95.021 G.
95.022 H.
Craft Club - Request Use of Riverview Park -
4/1/95 (4/2/95 Raindate) and 5/6/95 (5/7/95
Raindate) - Standard Conditions (City Clerk
Transmittal dated 1/10/95, Deyter Letter)
Sebastian Lions Club - Request Use of Riverview
Park - spring Steak Dinner - 4/8/95 - 3:30 p.m.
to 6:30 p.m. - Standard Conditions (Director of
Community Development Transmittal dated 1/17/95,
Anderson Letter dated 1/11/95)
The City Manager read the consent agenda.
Mr. Freeland and Vice Mayor Corum removed items E and
F.
MOTION by Corum/Oberbeck
I move to approve items A, By C, D, G and H.
The City Attorney read titles for Resolution Nos.
R-95-03 and R-95-04.
Mayor Firtion then removed item B (R-95-03) due to a
name on the public input signup sheet.
Vice Mayor Corum changed her motion to delete item B.
Mr. Oberbeck concurred.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Item B
Randy Mosby, engineer for applicant Henry A. Fischer,
requested reconsideration of item 9 of Resolution No.
R-95-03 requiring site plan approval before Planning
and Zoning.
Mr. Oberbeck recommended that if conditions have been
met there should be no delay in allowing the
applicant to proceed.
11
Regular City Council Meeting
January 25, 1995
Page Eleven
The City Attorney advised City Council that affected
parties will have to be noticed if the approval is
amended, and the city Manager recommended the site
plan go before the Planning and Zoning chairman for
signature.
Mr. Oberbeck suggested that the city Manager be
requested to place the site plan on the February 2,
1995 Planning and Zoning agenda, city Council
concurred.
MOTION by Oberbeck/Freeland
I would move that we approve item B of the
consent agenda.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Item E
Mr. Freeland expressed concern for bid waivers.
TAPE II - SIDE II (9:30 p.m.)
Vice Mayor Corum expressed concern for the City's
costs for side swale culvert pipe installations.
Mr. Oberbeck concurred that this needs further
clarification. The city Manager explained that this
is a policy previously established by Council,
however, City Council members discussed a need to
look into the costs further.
MOTION by Corum/Freeland
I make a motion that we approve item E of the
consent agenda.
ROLL CALL:
Mrs. Damp - nay
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 4-1 (Damp - nay)
12
Regular City Council Meeting
January 25, 1995
Page Thirteen
95.024
95.025
ll.
12.
Item F
Mr. Freeland stated that the bond covenant stipulates
no free service, expressed concern for the time
frame and suggested they discuss their request with
Sandridge. The City Manager responded that the Golf
Course Manager intended to treat it the same as
Junior Golf which is considered promotion.
MOTION by Freeland/Oberbeck
I'd move to have the Golf Course Manager go back
to the folks at the High School and see if he can't
negotiate with them to try that (Sandridge) and then
come back to us if they don't have any luck with
Sandridge and the County.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - nay
Mrs. Corum - aye
Mrs. Damp - nay
MOTION CARRIED 3-2 (Firtion, Damp - nay)
PRESENTATIONS - None
COMMITTEE REPORTS/RECOMMENDATIONS
Handicapped Self-Evaluation Committee (Human
Resources Transmittal dated 1/17/95, Nalepa
Resignation Letter, Schum Application)
1. Accept Resiqnation of Susan Nalepa
Appoint George Schum to Fill Unexpired Term
to June 1996
MOTION by Corum/Freeland
I make a motion to that effect (see titles
above).
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
13
Regular City Council Meeting
January 25, 1995
Page Fourteen
Other Committee Reports
Vice Mayor Corum reported on today's Land Acquisition
Advisory Meeting, stated they had voted to recommend
purchase of the 66 acre industrial property rather
than the Unit 17 single lots and requested
concurrence to send a letter to Indian River County
objecting to that decision.
MOTION by Corum/Oberbeck
I make a motion to put the LAC meeting report on
tonight's agenda.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. oberbeck - aye
MOTION CARRIED 5-0
Mr. Oberbeck reiterated Vice Mayor Corum's concern.
Mayor Firtion noted the County is applying for a grant
to purchase those properties.
MOTION by Oberbeck/Freeland
I would move to direct the City Manager to submit
a letter to the County Commission requesting that
they consider in lieu of purchasing the land to the
north of City Hall formerly referred to the Julian
Property or the Atlantic Gulf whatever its referred
to as now and consider the purchase of the
residential lots in down in Unit 17.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
14
Regular City Council Meeting
January 25, 1995
Page Fifteen
13. OLD BUSINESS
94.292 A.
93.196
94.029
Consider Amendment to Schedule "B" of Airport
Lease Between Charles Clay Price and City of
Sebastian (City Manager Transmittal dated
12/1/94, Second Amendment ko Lease)
Mr. Oberbeck excused from 9:55 p.m. to 9:57 p.m.
The City Manager corrected dates in Schedule "B" of
the amendment to lease (February 7, 1995 changed to
March 25, 1995 and April 8, 1995 changed to May 25,
1995)
MOTION by Freeland/Damp
I would move to approve the amendment Schedule
"B" airport lease with the new dates of March 25 to
May 25 and on the hangar and also the same dates on
the modular office.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Charles Clay Price Request t__o Enter Into New
Sublease with Skydive Sebastian~ Inc.JAndrew J~
Grimwade (City Manager Transmittal dated
11/20/94, 11/28/94 Price Letter, Proposed
Sublease, 10/3/94 Van Antwerp Letter, 1/26/94
Minutes Excerpt)
The City Attorney advised amendment to the sublease
as follows: change typo "tis" to "its".
The City Manager advised amendment to the sublease as
follows: change "Skydive Sebastian" to "Skydive
Sebastian of South Florida, Inc." and change
"December 1994" to "January 1995".
MOTION by Yreeland/Oberbeck
I'd move to approve the business sub-lease
for Charles Clay Price the agreement to be entered on
January 1995 by Charles Clay Price of Skydive
Sebastian of South Florida, Inc. and in the first
paragraph to change "fifty percent of tis
outstanding" to "its outstanding".
15
Regular City Council Meeting
January 25, 1995
Page sixteen
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
95.010/ C.
94.200
95.026
Approve Payment of Additional Asphalt Tonnage -
Barber Street RR Crossing - Dickerson of Florida,
Inc. - $3,782.00_- Postponed from 1/11/95 (Public
Works/Engineering Transmittal dated 1/19/95, FEC
Agreement~ Specs, FEC Letters dated 6/17/94,
1/16/89, Cost Estimates)
Mr. Oberbeck stated that he had spoken with Dickerson
with the concurrence of the City Manager, and had
reduced the price by $567.00 for a total cost of
$5,827.70.
MOTION by Freeland/Oberbeck
I would move to approve the payment of the
additional asphalt tonnage not to exceed $5,827.70
and thank Mr. oberbeck for negotiating on behalf of
the City.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
14. NEW BUSINESS
None.
15. CITY COUNCIL MATTERS
A. Vice-Mayor Carolyn Corum
Abolish Motor-Voter Bill (Corum Transmittal
dated 1/19/95)
Mr. Freeland excused from 10:04 p.m. to 10:06 p.m.
16
Regular City Council Meeting
January 25, 1995
Page Seventeen
16.
17.
18.
Vice Mayor Corum expressed concern for the motor
voter bill and asked City Council concurrence to
direct the staff to draft a resolution opposing.
City Council concurred.
B. Mrs. Norma Damp
None.
C. Mr. Robert Freeland
None.
D. Mr. Frank Oberbeck
None.
E. Mayor Arthur Firtion
None.
CITY ATTORNEY MATTERS
None.
CITY MANAGER MATTERS
None.
Being no further business, Mayor Firtion adjourned
the Regular Meeting at 10:04 p.m.
Approved at the
1995, city Council
Meeting.
· loran, CMC/AAE
city Clerk
Arthur L. Firtion, Mayor
17