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HomeMy WebLinkAbout01261994 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 26, 1994 - 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 - Reverend Ed Eby - First Church of the Nazarene 4. ROLL CALL 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). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 93.020 94.024 7. PUBLIC HEARINGL 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. ORDINANCE NO___=. O-93-14 - Animal Regulations (Director of Community Development Transmittal dated 1/20/94, O-93-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO ANIMALS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 12/15/93, Advertised Legal Notices 1/12/94, PH and Final Adoption 1/26/94) 8. 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 - 1/12/94 Regular Meeting, 1/13/94 Special Meeting Approve Purchase of Flail Axe Cutter Head Assembly for Unit 17 John Deere 2550 Tractor - Berggren Equipment Co. - $2,800.00 (City Engineer Transmittal dated 1/12/94, Vehicle Maintenance Foreman Memo dated 12/16/93) 2 94.005 94.020 94.003 94.005 10. 11. 12. RESOLUTION NO. R-94-08 - Approving Interlocal Agreement -Establishing Council of Public Officials - Repealing R-94-03 (city Clerk Transmittal dated 1/17/94, R-94-08, Revised Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY; AN INTERLOCAL AGREEMENT AMONG INDIAN RIVER COUNTY, ITS MUNICIPALITIES AND SCHOOL BOARD; ESTABLISHING A "COUNCIL OF PUBLIC OFFICIALS" IN ACCORDANCE WITH SECTION 163.02 OF THE FLORIDA STATUTES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, INCLUDING RESOLUTION NO. R-94-03; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-94-09 - Delete Assistant Golf Professional Job Description (City Clerk Transmittal dated 1/18/94, R-94-09) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DELETING THE JOB DESCRIPTION FOR THE ASSISTANT GOLF PROFESSIONAL; DIRECTING THE CITY CLERK TO DELETE THE JOB DESCRIPTION FOR ASSISTANT GOLF PROFESSIONAL FROM THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH, INCLUDING RESOLUTION NO. R-93-22; AND PROVIDING FOR AN EFFECTIVE DATE. PRESENTATIONS - None CITY ATTORNEY MATTERS CITY MANAGER MATTERS COMMITTEE REPORTS/RECOMMENDATIONS Appoint Five Members to Occupational License Equity Study Commission (City Clerk Transmittal dated 1/17/94) Sa Appoint city Council Member to Council of Public officials (City Clerk Transmittal dated 1/19/94) 94.025 94.026 94.027 13. 14. Construction Board -.AcCept Resignation of James Haney, HARV Contractor (Director of Community Development Transmittal dated 1/18/94, Haney Letter dated 12/17/93) Code Enforcement Board - Accept Resignation of Wayne Tozzolo (Director of Community Development Transmittal dated 1/19/94, Tozzolo Letter dated 1/12/94) OLD BUSINESS - None NEW BUSINESS A. ELECTION MATTERS Election Proclamation - Calling March 8, 1994 General Election (City Clerk Transmittal dated 1/18/94, Proclamation) RESOLUTION NO. R-94-04 - March 8, 1994 Election - Designating Polling Places, Offices to Be Filled, Question to Be Decided (City Clerk Transmittal dated 1/18/94, R-94-04) 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 8, 1994, FOR THE PURPOSE OF ELECTING TWO (2) CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING A CERTAIN REFERENDUM QUESTION ON THE BALLOT; 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 1/18/94, SOE Memo dated 1/17/94) Appoint One City Councilmember to Canvassing Board (City Clerk Transmittal dated 1/18/94) 94.028/ 93.209 94.029/ 93. 017 94.030 94.031 ORDINANCE NO. O-94-01 - Cable Regulation (Finance - Staff Account Transmittal dated 1/20/94, O-94-01, FCC Form 328) 1st Reading, Set Publlc Hearing 2/9/94 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO CABLE TELEVISION REGULATION; CREATING CHAPTER 105 OF THE CODE OF ORDINANCES; PROVIDING FOR A TITLE; PROVIDING FOR AUTHORITY; PROVIDING FOR DEFINITIONS; RESERVING AUTHORITY TO THE CITY; PROVIDING FOR RATE REGULATION; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Skydive Sebastian, Inc. Sub-Lease from Clay Price (City Clerk Transmittal dated 1/19/94, Proposed Sub-Lease, Airport Manager Letter dated 1/13/94, Price Letter dated 1/7/94, Articles of Incorporation) RESOLUTION NO. R-94-10 - Abatement of Existing Church on Bob Circle (Director of Community Development Transmittal dated 1/19/94, Director of Community Development Letter dated 11/9/93, Fischer Letters dated 1/7/94 and 1/12/94, R-94-10) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUIRING THE ABATEMENT AND DEMOLITION OF AN UNSAFE STRUCTURE, PURSUANT TO SECTION 26-34 OF THE CODE OF ORDINANCES AND SECTION 102.5 OF THE STANDARD BUILDING CODE AND THE STANDARD UNSAFE BUILDING ABATEMENT CODE, CONSISTING OF TWO STRUCTURES WITH APPROXIMATELY 1,196 SQUARE FEET, LOCATED ON THE EAST SiDE OF BOB CIRCLE, NORTH OF COLUMBUS STREET, SOUTHEAST OF MAIN STREET, WEST OF THE FLORIDA POWER AND LIGHT 100 FOOT POWERLINE EASEMENT, LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Schumann Drive Drainage Improvements - Stormwater Discharge Permit - H.F. Lenz Co. - Not to Exceed $3,000.00 (city Engineer Transmittal dated 1/12/94, H.F. Lenz Proposal) 5 94.032 94.033 94.034 94.035 94.036 Park Place/Palm Lake Club Interconnection with City Water Distribution System - Engage Hartman and Associates, Inc. ~ Engineering Services - $6,950.00 (Utilities Director Transmittal dated 1/19/94, Proposal) Park Place/Palm Lake Club Interconnection with City Wastewater System - Engage Hartman and Associates, Inc. - Engineering Services - $21,260.00 (Utilities Director Transmittal dated 1/19/94, Proposal) Ammoniation System for Trihalomethane (THM) Control - Engage Hartman and Associates, Inc. - Engineering Services - $6,500.00 (Utilities Director Transmittal dated 1/19/94, Proposal) 15. MAYOR AND CITY COUNCIL MATTERS 16. A. Mrs. Norma Damp B. Mr. Robert Freeland C. Mayor Lonnie R. Powell D. Vice-Mayor Frank Oberbeck E. Mrs. Carolyn Corum 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) Sal Neglia, President - Sebastian Highlands Property Owners Association - Request Monthly Agenda Item (City Clerk Transmittal dated 1/19/94, Neglia Letter dated 1/16/94) Richard Rosenkranz - Jim Caldwell - Request Monthly Breakfast at Community Center - Senior citizens - Last Saturday of Each Month - 8 am to Noon - Waiver of Rental Fee and Security Deposit - Sponsored by Treasure Coast Senior Services, SHARE, Kashi Church Foundation, and Sebastian Junior Women's Club (City Clerk Transmittal dated 1/19/94, Rosenkranz Letter dated 1/12/94, Application) 17. 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. PUBLIC HEARING SIGN-UP SHEET JANUARY 26, 1994 REGULAR MEETING 93.020 A. ORDINANCE NO. O-93-14 - Animal Regulations (Directorof Community Development Transmittal dated 1/20/94, O-93-14) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO ANIMALS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 12/15/93, Advertised Legal Notices 1/12/94, PH and Final Adoption 1/26/94) Use this form ONLY for public input on the above referenced public ,hearing item / NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET JANUARY 26, 1994 REGULAR MEETING (Use~i's~- form ONLY for input on items on the prepared agenda EXCE/T for public hearing, s which h. ave their own signup sheets. Yo~wil, 1 now speak immediately prlor to the subject after being r~ognized by the Mayor.) /-- N E : ~ ~ · ~~ ITEM NO.: ~.q~,~ D  NO.: 9~. O~z/- SUBJECT : NAME ~D~.s~: ~BJECT ~c~: ITEM NO : ~3~. '>~'J./ ~J ~ SUBJECT : NAME : ADDRESS : ITEM NO.: SUBJECT : NAME : ADDRESS : ITEM NO.: SUBJECT : INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC ~ ;.,~I~GNUP SHEET JANUARY 26, 1994'REGULAR CITY COUNCIL MEETING (Use this form ONLY for presentation of matters NOT on the prepared agenda. Introduction of Business from the Public is the last item on the agenda) NAME: ADDRESS: SUBJECT: Pr~r9 0~. ADDRESS: 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 26, 1994 - 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 Powell called the regular meeting to order at 7:05 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Reverend Ed Eby, First Church of the Nazarene. 4. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Marilyn Swichkow Utilities Director, Richard Votapka Personnel Director, Wendy Widmann Golf Course Pro/Manager, Joseph O'Rourke Airport Manager, John Van Antwerp Deputy City Clerk, Sally Maio Regular City Council Meeting ~ary 26, 1994 Pa~e 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). The City Attorney added a request for approval to extend the time limit for signing of the sebastian Lakes Development Agreement. MOTION by Oberbeck/Freeland I would move that we add the item with regard to Sebastian Lakes to the agenda under city Attorney's matters. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Vice Mayor oberbeck requested that item F and H under New Business be reversed. MOTION by Oberbeck/Freeland I would move that we reverse the order under New Business of item H and item F. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 PROCLAMATIONS AND/OR ANNOUNCEMENTS Vice Mayor Oberbeck announced that the city of Fellsmere will be celebrating its 83rd birthday on March 5, 1994. Regular City Council Meeting .~anuary 26, 1994 P~ Three 93.020 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. ORDINANCE NO. O-93-14 - Animal Regulations (Director of Community Development Transmittal dated 1/20/94, O-93-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO ANIMALS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (let Reading 12/15/93, Advertised Legal Notices 1/12/94, PH and Final Adoption 1/26/94) Mayor Powell opened the public hearing at 7:10 p.m., and the City Attorney read Ordinance No. O-93-14 by title only. The Director of Community Development gave a brief explanation of the ordinance. Richard Saliba, counsel, and Linda Jackson, 998 Flamingo Avenue, Sebastian, addressed City Council on ownership of a pot-belly pig. Joan Carlson, Executive Director of Humane Society, Vero Beach, spoke on behalf of Linda Jackson, and suggested that regulations for the ownership and sales of pot-belly pigs be established. Ms. Carlson gave her credentials at the request of the city Attorney. 3 Regular city Council Meeting Janl~.~ary 26, 1994 Four Mayor Powell closed the public hearing at 7:20 p.m. The Director of Community Development requested that if city Council amends the ordinance, a condition be established that the pig be housed inside and the City Attorney suggested that the type of swine allowed be established. MOTION by Damp/Oberbeck I move that we approve Ordinance No. O-93-14. A lengthy City Council discussion followed on allowing pot-belly pigs, it was decided that the City Attorney would attempt to draft language for approval at this meeting, and the motion was withdrawn by Damp/Oberbeck. Mr. Oberbeck expressed concern for section 18-28 (a) relative to keeping ten or more small animals, city Council concurred. MOTION by Oberbeck/Freeland I would move that we come back to Ordinance No. 0-93-14 later in the meeting after the attorney has advised us of proper verbiage. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 8. 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 - 1/12/94 Regular Meeting, 1/13/94 Special Meeting Regular City Council Meeting ,~.~n~ary 26, 1994 Pa~e Seven 94.003 94.005 ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 11. CITY ,MANAGER MATTERS None. 12. COMMITTEE REPORTS/RECOMMENDATIONS Appoint Five Members tq Occupational License Equity Study Commission ~ Clerk Transmittal dated 1/17/94~ Mr. Freeland appointed Chuck Neuberger, Mrs. Damp appointed Wayne Tozzolo, Mrs. Corum said she had not received approval as yet, Vice Mayor Oberbeck appointed Burt Snell, and Mayor Powell appointed Jerry Clark tentatively. MOTION by Oberbeck/Freeland i would make one fell swoop motion that we go ahead and accept the people who have come forward to serve or who have been suggested to serve on the Committee establishing the occupational license equity study. Mrs. Corum suggested that any business person interested contact her or the City Clerk. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 Appoint ~ Council Member t_9o Council o__f Public Officials ~ Clerk Transmittal dated 1/19/94.1 MOTION by Oberbeck/Corum I would move to appoint Bob Freeland to the Council of Public Officials. 7 Regular City Council Meeting , ~!~uary 26, 1994 Page Eight ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 94.025 Ce Construction Board - Accept Resiqnation of James Haney, HARV Contractor (Director o__f Community Development Transmittal dated 1/18/94, Hane~ Letter dated 12/17/93) MOTION by Oberbeck/Corum I would move to accept the resignation of Mr. James Haney, HARV Contractor, from the Sebastian Construction Board with regret. VOICE VOTE on the motion carried 5-0. 94.026 Code Enforcement Board - Accept Resignation of Wayne Tozzolo /Director of Communit~ Development Transmittal dated 1/19/94, Tozzolo Letter dated /12/94) MOTION by Oberbeck/Corum I would move to accept the resignation of Wayne Tozzolo from the Code Enforcement Board, the reason for this being Mr. Tozzolo has moved on to the Construction Board. VOICE VOTE on the motion carried 5-0. 13. OL__~D BUSINESS None. Mayor Powell called recess at 8:00 p.m. and reconvened the meeting at 8:16 p.m. Ail members were present. Further discussion took place on revised language for Ordinance No. O-93-14. Mrs. Corum reported that Andre Dorawa of Ando Construction had volunteered for the Equity Study Commission and the City Clerk/Acting City Manager said the appointment would be placed on the February 2, 1994 agenda for approval. Regular city Council Meeting J~ary 26, 1994 Page Nine 94.027 14. NEW BUSINESS A. ELECTION MATTERS Election Proclamation_- Calling March ~ 1994 General Election ~City Clerk Transmittal dated 1/18/94, Proclamation) Mayor Powell read the election proclamation. RESOLUTION NO. R-94-04 - March 8, 1994 Election - Designating Polling Places, offices to Be Filled, Question to Be Decided (City Clerk Transmittal dated 1/18/94, R-94-04) 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 8, 1994, FOR THE PURPOSE OF ELECTING TWO (2) CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING A CERTAIN REFERENDUM QUESTION ON THE BALLOT; 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-94-04 by title only. MOTION by Oberbeck/Corum I would move that we adopt Resolution No. R-94-04. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 9 Regular city Council Meeting Ja3~_.%~ary 26, 1994 Page Ten 94.028/ 93.209 Formal Request for Supervisor of Elections for Indian River County to Conduct Election (City Clerk Transmittal dated 1/18/94, SOE Memo dated 1117J94~ MOTION by Oberbeck/Freeland I would move to formally request that Ann Robinson, Supervisor of Elections for Indian River County administer the March 8, 1994 general election for the City of Sebastian. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Appoint One city Councilmember t__o Canvassing Board (city Clerk Transmittal dated 1/18/94) Mrs. Damp volunteered for the canvassing board and the City Clerk made the appointment. ORDINANCE NO. O-94-01 - Cable Regulation (Finance - Staff Account Transmittal dated 1/20/94, O-94-01, FCC Form 328) 1st Reading, Set Public Hearing 2/9/94 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO CABLE TELEVISION REGULATION; CREATING CHAPTER 105 OF THE CODE OF ORDINANCES; PROVIDING FOR A TITLE; PROVIDING FOR AUTHORITY; PROVIDING FOR DEFINITIONS; RESERVING AUTHORITY TO THE CITY; PROVIDING FOR RATE REGULATION; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROViDiNG FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 10 Regular city Council Meeting January 26, 1994 ~a~ Eleven The city Attorney read Ordinance No. O-94-01 by title only. MOTION by Oberbeck/corum I would move to approve Ordinance No. O-94-01 on first reading and schedule the public hearing to adopt same February 9, 1994. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 94.029/ 93.017 Skydive Sebastian, Inc. Sub-Lease from Clay Price (City Clerk Transmittal dated 1/19/94, Proposed Sub-Lease, Airport Manager Letter dated 1/13/94, Price Letter dated 1/7/94, Articles of Incorporation~ The Airport Manager addressed city Council on the request from Clay Price to sub-lease to Skydive Sebastian, recommended that the names of owners of Skydive Sebastian, Inc. be disclosed and that the corporation submit a statement that they agree not to convey the interest to another person without the city's consent. The City Attorney said this was a reasonable request and recommended that the lease be amended to prohibit the transfer of stock with the city's consent. Charles Clay Price, tenant of the airport, stated that Mark Price and Wanda Price were the owners of Skydive Sebastian, Inc., and said the corporation would like the ability to sell no more than 49% of the stock without coming back to the city. Mr. Price also requested that the current Skydive Sebastian, Inc. lease with Sebastian Aero Services be extended for two months. Mr. Price said he will act as agent for Skydive Sebastian, although not as registered agent in accordance with corporate law. A lengthy city Council discussion followed relative to ownership of the leased property, construction on the property, a proposed fuel truck and the question of other commercial activities on the leased premises. 11 Regular city Council Meeting ~_~J~n~ary 26, 1994 Page Two MOTION by Oberbeck/Damp I would move that we approve the proposed two year lease as submitted by Mr. Price with regard to Skydive Sebastian. TAPE II - SIDE I (8:50 p.m.) ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 MOTION by Powell/Oberbeck I'd like to make a motion that we add this to the agenda, the request for extension of Skydive Sebastian lease which expires January 31st. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 The City Attorney recommended that language subsequent to FIRST be stricken and the word RESERVED be added. Mr. Price said the term of six months need to be stricken and changed to two months. MOTION by Oberbeck/Damp I'm going to move to approve a sub-lease between Sebastian Aero Services and Skydive Sebastian for a period of two months beyond their existing lease. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 12 Regular City Council Meeting ~.~D~ary 26, 1994 Page Thirteen 94.030/ D. 93.269 RESOLUTION NO. R-94-10 - Abatement of Existing Church on Bob Circle (Director of Community Development Transmittal dated 1/19/94, Director of Community Development Letter dated 11/9/93, Fischer Letters dated 1/7/94 and 1/12/94, R-94-10) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUIRING.THE ABATEMENT AND DEMOLITION OF AN UNSAFE STRUCTURE, PURSUANT TO SECTION 26-34 OF THE CODE OF ORDINANCES AND SECTION 102.5 OF THE STANDARD BUILDING CODE AND THE STANDARD UNSAFE BUILDING ABATEMENT CODE, CONSISTING OF TWO STRUCTURES WITH APPROXIMATELY 1,196 SQUARE FEET, LOCATED ON THE EAST SIDE OF BOB CIRCLE, NORTH OF COLUMBUS STREET, SOUTHEAST OF MAIN STREET, WEST OF THE FLORIDA POWER AND LIGHT 100 FOOT POWERLINE EASEMENT, LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-94-10 by title only. The Director of Community Development gave City Council a brief history on the church and procedures that have been followed to preserve or demolish it. Indian River County Commissioner, Fran Adams, addressed city Council requesting an extension of thirty days to allow the church to be moved to Gifford as part of a memorial to Martin Luther King, Jr. John Dean, Architect, on behalf of the Faith Baptist Church, owner of the property, urged City Council approval of a six week extension. Ruth Stanbridge, Indian River County Historical Society, urged approval of the extension. Jimmy Anderson, 120 Bob Circle, Sebastian, gave a brief history of the church and expressed concern for an extension. 13 . . . Regular city council Meeting 'o,Jam_1ary 26, 1994 Page Fourteen The city Attorney recommended that the resolution be adopted with an amendment reflecting an alternate effective date. MOTION by Freeland/Oberbeck I'd like to make a motion that we approve Resolution No. R-94-10 with an effective date of March 1, 1994, to destroy the building if its still standing. The city Attorney made a minor language amendment to Section 2. vice Mayor Oberbeck suggested that the septic issue be addressed immediately. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 94.031 E. Schumann Drive Drainaqe Improvements = Stormwater Discharqe Permit = H.F. Lenz Co. = Not to Exceed $3.000.00 (Citv Enqineer Transmittal dated 1/12/94. H.F. Lenz Proposal) The city Engineer gave a brief explanation. MOTION by Oberbeck/Corum I move to approve it (award the contract for engineering services to H.F. Lenz to permit the Schumann Drive drainage improvements not to exceed $3,000.00 and direct the City Attorney to review and approve the enclosed scope of services). The line "unless authorized by you" was stricken from number 4 under REQUIRED SERVICES, and "unless authorized by City Council" added, and "subject to modification" was added to the motion. TAPE II - SIDE II (9:44 p.m.) ROLL CALL: Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (Corum - nay) 14 . . . Regular City Council Meeting .Jqnuary 26, 1994 Page Fifteen The City Attorney read the revised language to Ordinance No. 0-93-14. (see attached) MOTION by Oberbeck/Freeland I would move that we approve Ordinance No. 0-93- 14 subject to the corrections as stated by the attorney. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 94.034 H. Ammoniation Svstem for Trihalomethane (THM) Control = Enqaqe Hartman and Associates. Inc. - Enqineerinq Services = $6.500.00 (utilities Director Transmittal dated 1/19/94, Proposal) The City Attorney made a minor modification to Attachment A provision 5.5. MOTION by Oberbeck/Damp I'm going to move that we appropriate the funds in the amount of $6,500.00 and approve the Hartman proposal to provide engineering services for the trihalomethane control system. Harry Thomas, 654 Balboa street, Sebastian, expressed concern for use of consultants. Mayor Powell read a comparison study for water rates. The utilities Director stated that these funds are derived from the bond. Mrs. Corum suggested using local people. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye MOTION CARRIED 4-1 (Corum - nay) 15 . . . Regular city council Meeting ~~n~ary 26, 1994 Page sixteen 94.033 G. Park Place/Palm Lake Club Interconnection with city Wastewater System = Enqaqe Hartman and Associates. Inc. = Enqineerinq Services = $21.260.00 (utilities Director Transmittal dated 1/19/94. Proposal) The city Attorney recommended the same amendment to 5.5. MOTION by Corum/ I make a motion to deny the use of Hartman and Associates for the cost of $21,260.00 to interconnect the City's wastewater system to Park Place and Palm Lake Club. MOTION DIED for lack of a second. MOTION by Oberbeck/Freeland I would move that we authorize and appropriate the funds in the amount of $21,260.00 and approve the Hartman and Associates proposal with corrections to provide engineering services for the "Interconnection of the Park Place/Palm Lake Club" Wastewater System with the Sebastian Highlands wastewater system. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-1 (Corum - nay) 94.032 F. Park Place/Palm Lake Club Interconnection with citv Water Distribution Svstem = Enqaqe Hartman and Associates. Inc. = Enqineerinq Services = $6.950.00 (utilities Director Transmittal dated 1/19/94. Proposal) Joe Morozowski, 3426 Heather Way, Sebastian, said the Park Place residents are currently negotiating with Nelson Hyatt for purchase of the park, urged city Council not to pursue interconnection at this time and questioned the inter local agreement relative to the surcharge. 16 Regular City Council Meeting ~..~ary 26, 1994 Page Seventeen The City Attorney responded relative to the legal opinion regarding the surcharge. The Utilities Director listed reasons for the interconnection. The city Attorney made the same modification to 5.5. MOTION by Corum/ I make a motion for Council to deny the $6,950.00 to Hartman and Associates to interconnect the water distribution system to Park Place and Palm Lake Club. TAPE III - SIDE I (10:24 p.m.) MOTION died for lack of a second MOTION by Oberbeck/Damp I move that we approve and appropriate the funds in the amount of $6,950.00 to engage Hartman and Associates proposal to provide engineering services for the Park Place/Palm Lake Club water system interconnection system subject to correction as stipulated by the attorney. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 4-1 (Corum - nay) 15. MAYOR AND CITY COUNCIL MATTERS MOTION by Corum/Freeland I would like to postpone Mayor and City Council matters to the end of the meeting. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - nay Mr. Oberbeck - aye MOTION CARRIED 4-1 (Powell - nay) 17 Regular City Council Meeting ~iq~ary 26, 1994 Page Eighteen 94.035 94.036 16. 17. MOTION by Damp/Corum I would like to make a motion that we extend the meeting for 15 minutes. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - nay Mrs. Corum - MOTION FAILED due to lack of unanimous vote, the following items were not addressed, and will be carried to the beginning of the February 2, 1994 workshop. A. Mrs. Norm~ Damp B. Mr. Robert Freeland C. Mayor Lonnie R~ Powell D. Vice-Mayor Frank Oberbeck E. Mrs. Carolyn Corum 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) Sal Neglia, President_- Sebastian Highlands Property Owners Association - Request Monthly Agenda Item ~C~ty Clerk TranSmittal dated 1/19/94, Neglia Letter dated 1/16/94) Richard Rosenkranz - Jim Caldwell_- Request Monthly Breakfast at Community Center_- Senior citizens - Las% Saturday of Each Month - 8 am to Noon - Waiver 9f Rental Fee and Security Deposit - Sponsored b_~ Treasure Coast Senior Services, SHARE~ Kashi Church Foundation, and Sebastian Junior Women's Club ~ clerk Transmittal dated 1/19~94, Rosenkranz Letter dated 1/12/94~ Applicationl Being no further business, Mayor Powell adjourned the regular meeting at 10:30 p.m.. 18 Regular city Council Meeting ~l~ary 26, 1994 Page Nineteen Meeting. City Clerk , 1994, City Council 19 ORDINANCE NO. 0-93-~4 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER lS, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO ANIMALS; PROVIDING FOR REPF2tL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has determined that an amendment to the Animal Control Ordinance of the City of Sebastian is necessary to accommodate the desire of its citizens to keep animals not currently permitted within the .City of Sebastian; and WHEREAS, the City staff has prepared revisions to the Code of Ordinances consistent with the Council's desires; and WHEREAS, the City Council has determined that an amendment to the Code of Ordinances relating to the keeping of certain animals is consistent with the public health, safety and welfare of the City of Sebastian's residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS: Section1. CHAPTER 18 AMENDED. Chapter 18 of the City of Sebastian Code of ordinances is hereby amended in its entirety as follows: "ANIMALS ARTICLE I. IN GENERAL '-'A. -- Sec. 18-1. City designated bird and wildlife sanctuary; . unlawful to shoot or trap birds and certain animals; permit to kill; signs. The City, including all lands now and hereafter within its territorial limits, is hereby established as a sanctuary and a reserve for all birds and fur-bearing animals; and it shall be unlawful for any person to hunt, kill, shoot or trap or in any manner kill or destroy such birds and fur-bearing animals within the City limits unless written permission is expressly granted to an individual or group by the city manager. The city manager is hereby authorized to issue a permit for the killing or destroying of any birds and fur-bearing animals that become obnoxious or destructive. Appropriate signs of a permanent nature approved by the city council may be furnished, placed and maintained at the principal entrances to the city limits. Sees. 18.2--18.25. Reserved. Section 18-26. Definitions. The article, section, meaning: Fowl means all types of chickens, ducks, turkey, geese, . guineas, or similar birds. following words, shall have the except where the terms and phrases, when used in this meanings ascribed to them in this context clearly indicates a different Livestock means all class, including goats, other grazing animals. animals of the equine, bovine or swine sheep, mules, horses, hogs, cattle and Nondomesticated animal means any animal other livestock, fowl or any dog, cat, bird or similar animal. than Danaerous animal 2r reptile means any wild or feral mammal or reptile which by its nature or breeding has the capability of inflicting serious bodily injury to humans. Section 18-27. Animal Enclosure. All pens, cages, coops, lofts or enclosures wherein animals, fowl or birds are kept shall be securely built and maintained, adequate in size for the kind and number of animals, fowl or birds contained therein and maintained in a sanitary condition; such enclosures shall be cleaned and maintained so as to not become offensive to residents or businesses adjacent thereto. The keeping of enclosures under conditions allowing the breeding of flies is specifically prohibited. . 2 Section 18-28. Pens, coops, etc. for small animals. (a) Any person keeping small animals, including but not limited to rabbits, guinea pigs, rats, mice and gerbils shall keep such animals in a pen, cage or enclosure meeting the requirements of Section 18-27. When more than two (2) but less than ten (10) such animals are kept, such pen, cage or enclosure shall be at least twenty (20) feet from any adjacent property line. In no event ~hall the total number of such .animals ~ ~ 9r ~ain~a~ne~ at ~/ky r~side~ce ~r property exce~ ted ~l~. (b) Small animals kept in or by a duly lioense~ or established shelter, veterinary clinic, pet store, zoO, or educational or institutional research facility are exempt from the provisions of this section. Section 18-29. Keeping of fowl. (a) Any person keeping fowl shall keep them in a pen, coop, 'or enclosure meeting the requirements of Section 18-27 of this Article. No more than two (2) such fowl may be kept on any single lot. (b) Fowl kept in or by a duly licensed or established shelter, veterinary clinic, pet store, zoo, or educational or institutional research facility are exempt from the provisions of this section. Section 18-30. Keeping of pigeons prohibited. It shall be unlawful for any person to keep or harbor pigeons within the City of Sebastian. Section 18-31. Keeping of livestock prohibited. (a) It shall be unlawful for any person to keep, maintain, pen or feed livestock or nondomesticated animals within the City of Sebastian. .lb) Notwithstanding She Provisions o__f Section 18-31Ca)..if th___~e following conditions pf this subsection are continuously ~ at all times~ one J~ pure-bred pot-bellied pig (hereinafter "th__e Pi~") Day b9 ~ept. maintained~ penned .or fed at a residence which is utilized primarily as a residence by a__t least ~ (~) person: ~ The ~i~ shall b__e maintained Qr kep~ within the interior o_~ ~h9 primary structure o~r dwelling located o__n ~.he residential property for a_it least te__n (10} hours du~ing each calendar da_~y_[ - 3 - .... . 1Zl 1bg area outside Qf the residential structure 2L dwellinc where the 12ig ~ .fi:QJ!! ~ ~ time. maintained. ketlt. tlenned 2L fed shall be enclosed 12Y 2 fence havinc 2 heicht Qf not less than four .L.il feet: ~ At least annuallY. the 12ig shall be vaccinated for tlseudorabies. .L.il b!o least annuallY. the 12ig shall ~ tested-~ 2 licensed veterinarian for brucellosis and tlseudorabies. ~ 1bg 12ig shall not be infected with brucellosis 2L tlseudorabies. .Lll 1bg 12ig shall not ~ used in 2DY commercial venture: it shall be keot and maintained solelv as a tlet for tlersonal tlleasure. ..ua Livestock 2L nondomesticated animals ~ in 2L 12Y 2 ~ licensed animal shelter. veterinarY clinic. tlet store. ~ ~ educational ~ institutional research facility are exemtlt.fi:QJ!! . ~ tlrovisions Qf this section. Section 18-32. Dangerous animals or reptiles. (a) It shall be unlawful for any person to keep, raise, harbor, use, possess or have on his premises or under his control or attempted control any dangerous animals within the City of Sebastian. (b) Dangerous animals kept in or by a duly licensed or established shelter, veterinary clinic, pet store, zoo, or educational or institutional research facility are exempt from the provisions of this section. (c) In addition, it shall be unlawful for any person to keep, raise, harbor, use, possess or have under his control or attempted control any animals commonly know as rati tes, which include, but are not limited to ostrich, rhea, emu and cassowary." . 4 r . . . , , .r .. ,-. ..... Section 2. CONFLICTS. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 4.. SEVERAIlILITY. In the event a court of competent juriSdiction shall hold or determine that any part- of this ordinance is invalid or unconstitutional, the remaining provisions of this ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This ordinance shall become effective.immediately upon its adoption. The fore9~nance was member 01 Councilmember .I DJ ~ vote, the vote was as follows: moved for adoption by Council- The motion was seconded by and, upon being put to a Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this adopted this ~ day of ~"(.LbJ ordinance duly passed and , 199~. ATTES:r: ~~vil1 f),It~__ KathrynUM. O'Halloran, CMC/AAE City Clerk / By:! 5 -- I HEREBY CERTIFY that notice of public hearing on this ordinance was published in the Vero Beach Press Journal as required by State Statute, that one pub1lc hearin was held on this ordinance at 7:00 p.m. on the 7Jn_day of , 1991, and the following said public hearing this ordinance was passed by the City Council. - / f) '-J;./~ / '\..v-' )11>/ . / / JUjA,~~..! /f J ~P..'(L~ KathrynOM. O'Halloran, CMC/AAE City Clerk and content: Charles Ian Nash,City Attorney 6 \ , . 0, . . .