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HomeMy WebLinkAbout03081995 City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 8, 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 INVOCATION - Reverend Dr. Donald E. Swope - First Presbyterian Church 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 95.014 95. 014 95. 014 10. PUBLIC HEARING, FINAL ACTION - None COMMUNITY DEVELOPMENT BLOCK GRANT ISSUES ORDINANCE NO. 0-95-08 - Redevelopment Trust Fund (0-95-08) 1st Reading, Set Public Hearing for 3/22/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF A COMMUNITY REDEVELOPMENT TRUST FUND; PROVIDING FOR THE DESIGNATION OF THE COMMUNITY REDEVELOPMENT TRUST FUND AS THE RECIPIENT OF FUNDS PURSUANT TO SECTION 163.387, FLORIDA STATUTES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. R-95-15 - citizen Participation Plan (R-95-15, Plan) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A CITIZEN PARTICIPATION PLAN TO PROVIDE CITIZENS WITH INFORMATION CONCERNING THE COMMUNITY DEVELOPMENT BLOCK GRANT; PROVIDING AN EFFECTIVE DATE. C. Appoint citizen Advisory Task Force Members (List) - George Reid - Anthony Donini - Ruth Sullivan - David Dabrowski - Stanley Krulikowski 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) 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 - 2/22/95 Regular Meeting, 3/1/95 Workshop 95.011 95.035 95.045 RESOLUTION NO. R-95-11 - Bank Financing and Required Bank Accounts - Water Line Assessment (City Manager Transmittal dated 3/2/95, Barnett Letter dated 12/21/94, Indian River National dated 2/23/95, Sun Bank/Treasure Coast Letter dated 2/16/95, R-95-11) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN COUNTY, FLORIDA, ESTABLISHING THE NECESSARY REVENUE AND EXPENDITURE ACCOUNTS FOR THE WATER DISTRIBUTION ASSESSMENT; APPROVING THE FINANCING AGREEMENT FOR $750,000; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO__~. R-95-16 - Vickers Grove Preliminary Plat - Amending Commencement Date (city Manager Transmittal dated 2/27/95, R-95-16) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY SUBDIVISION PLAT FOR AN AREA KNOWN AS VICKERS GROVE SUBDIVISION; PROVIDING CONDITIONS FOR SUCH APPROVAL; PROVIDING AN EXPIRATION DATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF THE RESOLUTION. RESOLUTION NO__~. R-95-18 - Vacation of Easement (City Clerk Transmittal dated 2/28/95, R-95-18, Application, Survey, No Objection Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH THREE FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT 2, BLOCK 364, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-56A, 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. 3 95.046 95.047 95.048 95.049 95.050 95.051 RESOLUTION NO. R-95-19 - Vacation of Easement (City Clerk Transmittal dated 2/28/95, R-95-19, Application, Survey, No Objection Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH EIGHT FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT 7, BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-82F, 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. Award Refuse Collection Franchise to Browning- Ferris Industries of Ft. Pierce - $6.49 Per Residential Customer (City Manager Transmittal dated 2/28/95, Proposal Form Clarifications and Exceptions/Capital Sanitation, Proposed Ordinance) Bid Waiver - City Clerk Computer Software Upgrade - AT&T Global Information Solutions (Formerly NCR) - $2,769.00 (City Clerk Transmittal dated 2/22/95, Proposal) Bid Waiver - Pine Street Paving - Dickerson of Florida, inc. - Approximately $7,270.00 (Engineering/Public Works Transmittal dated 2/28/95, IRC Commodities Contract Award) L.I. Tree Service/Walter Smith - Specimen Tree Removal Request - Lot 19, Block 120, Unit 4 - One 21 1/2" Oak (Director of Community Development Transmittal dated 2/17/95, Application, Plot Plan) Sebastian Jaycees - Request Use of Community Center - Charge Admission Fee for Fundraiser Teen Dance - 3/24/95 - Security Paid (City Clerk Transmittal dated 2/28/95, Application, Page 5 of R-94-50) 4 95.052 95.053 95.054 95.055 95.056/ 94.220 11. 12. 13. Rodney Dyke - Request Use of Community Center - A/B Use - Wedding - 6/17/95 - Security Paid - Permittee DOB 6/1/65 (City Clerk Transmittal dated 2/22/95, Application) Emma H. Trevino - Request Use of Community Center - Wedding - A/B Use - 3/25/95 - Security Paid - Permittee DOB 2/9/69 (city Clerk Transmittal dated 2/28/95, Application) Learning Nest Child Development Center - Request Use of Yacht Club - A/B Use - PTA St. Patrick's Day Party - 3/18/95 - Security Paid - Permittee DOB 12/23/58 (City Clerk Transmittal dated 3/1/95, Application) Indian River Lightning Speed Skating Club - Request Use of Riverview Park - 3/25/95 - 8 am to 4:30 pm - Use of Electricity - Fundraiser Craft Show and Swap Meet - Standard Conditions (Director of Community Development Transmittal dated 2/27/95, Coburn Letter dated 2/22/95) COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS NE___W.W BUSINESS ISS Landscape Management Service, Inc. (City Manager Transmittal dated 3/3/95, Pgs of Current Agreement, Letter dated 3/1/95, Exhibits A, B, C from ISS) 14. CITY COUNCIL MATTERS A. Vice-Mayor Carolyn Corum B. Mrs. Norma Damp C. Mr. Robert Freeland D. Mr. Frank Oberbeck E. Mayor Arthur Firtion 15. CITY ATTORNEY MATTERS 5 16. CITY MANAGER MATTERS 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 INPUT ON COMMUNITY DEVELOPMENT BLOCK GRANT ITEMS SIGNUP SHEET MARCH 8, 1995 REGULAR MEETING Use this form ONLY for input on Community Development Block Grant items Speakers will address City Council immediately prior to the deliberation of the item by the city Council (R-93-19) NAME : ADDRESS : ITEM : NAME ADDRESS ITEM NAME : ADDRESS : ITEM : NAME : ADDRESS : ITEM : INTRODUCTION OF NEW BUSINESS (Use prepared agenda. SUBJECT: FROM THE PUBLIC SIGNUP SHEET MARCH 8, 1995 REGULAR CITY COUNCIL MEETING this form ONLY for presentation of NEW matters ~OT on the ADDRESS:fi/ NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: City of Sebastian 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 8, 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. Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Reverend Dr. Donald E. Swope - First Presbyterian Church. 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 Clerk, Kathryn M. O'Halloran City Attorney, Clifton A. McClelland, Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Jr. Also Present: Robert Johnson, Clark, Roumelis & Assoc. Regular City Council Meeting March 8, 1995 Page Two 95.014 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 Manager requested removal of consent item F, for rejection of bids, rewrite and rebid within thirty days and to continue with the current contract at its proposed rate of $6.49; and to table consent item I until March 22, 1995. The Director of Community Development requested addition of an item to the agenda regarding a large proposed sandmining operation outside the city limits but adjacent to Sebastian Highlands. It was the consensus of City Council to add the item to the consent agenda as item O. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS None. PUBLIC HEARING, FINAL ACTION - None COMMUNITY DEVELOPMENT BLOCK GRANT ISSUES ORDINANCE NO. 0-95-08 - Redevelopment Trust Fund (0-95-08) 1st Reading, Set Public Hearing for 3/22/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF A COMMUNITY REDEVELOPMENT TRUST FUND; PROVIDING FOR THE DESIGNATION OF THE COMMUNITY REDEVELOPMENT TRUST FUND AS THE RECIPIENT OF FUNDS PURSUANT TO SECTION 163.387, FLORIDA STATUTES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-95-08 and Resolution No. R-95-15 by title only. MOTION by Oberbeck/Freeland I move that we approve Ordinance No. 0-95-08 for the redevelopment trust fund and set the public hearing for 3/22/95. Regular City Council Meeting March 8, 1995 Page Three 95.014 95.014 ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 RESOLUTION NO. R-95-15 - citizen Participation Plan (R-95-15, Plan) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A CiTiZEN PARTICIPATION PLAN TO PROVIDE CITIZENS WITH INFORMATION CONCERNING THE COMMUNITY DEVELOPMENT BLOCK GRANT; PROVIDING AN EFFECTIVE DATE. MOTION by Oberbeck/Freeland i move that we adopt Resolution No. R-95-15. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 Appoint citizen Advisory Task Force Members (List) - George Reid - Anthony Donini - Ruth Sullivan - David Dabrowski - Stanley Krulikowski MOTION by Oberbeck/Freeland I would move to appoint Citizen Advisory Task Force members for the Community Development Block Grant, George Reid, Anthony Donini, Ruth Sullivan, David Dabrowski, and Stanley Krulikowski. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Regular City Council Meeting March 8, 1995 Page Four 95.011 10. 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) Joseph Morozowski, 3426 Heatherway Lane, Sebastian, reiterated his questions to City Council as originally submitted in a February 20, 1995 letter relative to the surcharge for Park Place. Sal Neglia, 461 Georgia Boulevard, Sebastian, requested that City Council members make fair and equitable decisions in the best interest of the city. Herbert Sturm, 549 Saunders Street, Sebastian, reported on a torn flag at the Police Station; and suggested that answers to peoples' questions about Pine Street be addressed at a public meeting. 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 - 2/22/95 Regular Meeting, 3/1/95 Workshop RESOLUTION NO. R-95-11 - Bank Financing and Required Bank Accounts - Water Line Assessment (City Manager Transmittal dated 3/2/95, Barnett Letter dated 12/21/94, Indian River National dated 2/23/95, Sun Bank/Treasure Coast Letter dated 2/16/95, R-95-11) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN COUNTY, FLORIDA, ESTABLISHING THE NECESSARY REVENUE AND EXPENDITURE ACCOUNTS FOR THE WATER DISTRIBUTION ASSESSMENT; APPROVING THE FINANCING AGREEMENT FOR $750,000; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Regular city Council Meeting March 8, 1995 Page Five 95.035 C. 95.045 D. 95.046 E. RESOLUTION NO. R-95-16 - Vickers Grove Preliminary Plat - Amending Commencement Date (City Manager Transmittal dated 2/27/95, R-95-16) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY SUBDIVISION PLAT FOR AN AREA KNOWN AS VICKERS GROVE SUBDIVISION; PROVIDING CONDITIONS FOR SUCH APPROVAL; PROVIDING AN EXPIRATION DATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF THE RESOLUTION. RESOLUTION NO. R-95-18 - Vacation of Easement (City Clerk Transmittal dated 2/28/95, R-95-18, Application, Survey, No Objection Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH THREE FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT 2, BLOCK 364, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-56A, 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. RESOLUTION NO. R-95-19 - Vacation of Easement (City Clerk Transmittal dated 2/28/95, R-95-19, Application, Survey, No Objection Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH EIGHT FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT 7, BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-82F, 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. 5 Regular City Council Meeting March 8, 1995 Page Six 95.047 F. 95.048 G. 95.049 H. 95.05O I. 95.051 J. 95.052 K. 95.053 L. 95.054 M. 95.055 N. Award Refuse Collection Franchise to Browning- Ferris Industries of Ft. Pierce - $6.49 Per Residential Customer (city Manager Transmittal dated 2/28/95, Proposal Form Clarifications and Exceptions/Capital Sanitation, Proposed Ordinance) Bid Waiver - City Clerk Computer Software Upgrade - AT&T Global Information Solutions (Formerly NCR) - $2,769.00 (City Clerk Transmittal dated 2/22/95, Proposal) Bid Waiver ~ Pine Street Paving - Dickerson of Florida, Inc. - Approximately $7,270.00 (Engineering/Public Works Transmittal dated 2/28/95, IRC Commodities Contract Award) L.I. Tree Service/Walter Smith - Specimen Tree Removal Request - Lot 19, Block 120, Unit 4 - One 21 1/2" Oak (Director of Community Development Transmittal dated 2/17/95, Application, Plot Plan) Sebastian Jaycees - Request Use of Community Center - Charge Admission Fee for Fundraiser Teen Dance - 3/24/95 - Security Paid (city Clerk Transmittal dated 2/28/95, Application, Page 5 of R-94-50) Rodney Dyke - Request Use of Community Center - A/B Use - Wedding - 6/17/95 - Security Paid - Permittee DOB 6/1/65 (City Clerk Transmittal dated 2/22/95, Application) Emma H. Trevino - Request Use of Community Center - Wedding - A/B Use - 3/25/95 - Security Paid - Permittee DOB 2/9/69 (City Clerk Transmittal dated 2/28/95, Application) Learning Nest Child Development Center - Request Use of Yacht Club - A/B Use - PTA St. Patrick's Day Party - 3/18/95 - Security Paid - Permittee DOB 12/23/58 (city Clerk Transmittal dated 3/1/95, Application) Indian River Lightning Speed Skating Club - Request Use of Riverview Park - 3/25/95 - 8 am to 4:30 pm - Use of Electricity - Fundraiser Craft Show and Swap Meet - Standard Conditions (Director of Community Development Transmittal dated 2/27/95, Coburn Letter dated 2/22/95) 6 Regular city Council Meeting March 8, 1995 Page Seven Director of Community Development - Sandmining Operation (Added to Agenda) The City Manager read the consent agenda, reiterating his comments relative to items F and I. Mr. Oberbeck removed items B, H, N. Vice Mayor Corum removed items C, D, and E. MOTION by Freeland/Corum I move to approve items A, G, J, K, L, and M. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Item B - Resolution No. R-95-11 The City Manager explained assessment options in response to Mr. Oberbeck. The City Attorney read Resolution No. R-95-11 by title only. MOTION by Oberbeck/Damp I move to approve item B of the consent agenda. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Item C - Resolution No. R-95-16 MOTION by Corum I move not to approve Resolution No. R-95-16. 7 Regular City Council Meeting March 8, 1995 Page Eight The city Attorney read Resolution No. R-95-16 by title only and Mrs. Damp seconded the motion. ROLL CALL: Mrs. Corum - aye Mrs. Damp - nay Mr. Yreeland - nay Mr. Oberbeck - nay Mayor Firtion - nay MOTION FAILED 1-4 (Damp, Freeland, Oberbeck, Firtion - nay) The City Manager noted the preliminary plat had already been approved and that this resolution merely amended the commencement date for submittal of final plat. MOTION by Oberbeck/Damp ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - nay MOTION CARRIED 4-1 Item D - Resolution No. R-95-18 Vice Mayor Corum expressed concern due to the property's proximity to the Elkcam Dam and for vacations of easement adjacent to waterways. The city Attorney read Resolution No. R-95-18 by title only. MOTION was made by Vice Mayor Corum to disapprove the resolution, but no second was made. MOTION by Oberbeck/Freeland I move for approval of Resolution No. R-95-18. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - nay Mrs. Damp - aye MOTION CARRIED 5-0 Regular City Council Meeting March 8, 1995 Page Nine Item E - Resolution No. R-95-19 The City Attorney read Resolution No. R-95-19 by title only. MOTION was made by Vice Mayor Corum to disapprove the resolution, but no second was made. MOTION by Freeland/Oberbeck I move to approve. Discussion took place as to the reason for the twenty foot easement along the waterway. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - nay MOTION CARRIED 3-2 Item F - Bid Award for Refuse Collection The City Manager explained the reasons for rejection of bids, rewriting and rebidding and reported the current contractor is willing to continue collection at its proposed price of $6.49 for ninety days. Nathan McCollum, Sebastian, expressed concern for the lack of refuse collection on holidays for those for whom Monday is a regular collection day. The City Manager said that item would be addressed along with others. Ron Rigby, Capitol Sanitation, briefly addressed City Council and was advised to meet with the City Manager. MOTION by Oberbeck/Damp I move to remove and deny all bids with regard to the refuse collection franchise and continue with the existing carrier not to exceed ninety days. 9 Regular City Council Meeting March 8, 1995 Page Ten ROLL CALL: Mayor Firtion ~ aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Item H - Bid Waiver - Pine Street Paving Mr. Oberbeck inquired about the source of calculations for this item. MOTION by Oberbeck/Corum I'm going to move for approval of item H. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 Item I MOTION by Oberbeck/Corum I move to remove item I from the agenda and table to 3/22/95. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 Item N ~ Indian River Liqhtning Speed Skaters Mr. Oberbeck noted that the City's rules do not allow swap meets as requested. The Director of Community Development stated that the applicant has no problem with removing that part of the request. TAPE I - SIDE II (7:48 p.m.) 10 Regular City Council Meeting March 8, 1995 Page Eleven 11. 12. 13. 95.056/ 94.220 MOTION by Oberbeck/Freeland I move to approve item N of the consent agenda to allow Indian River Lightning Speed Skaters for a fundraising craft show. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Item N - Sandmining Operation Adjacent t__o Sebastian Highlands The Director of Community Development requested City Council concurrence for his attendance at a meeting to object to approval of use of Delmonte for access to a sandmining operation which is proposed to be located outside the city limits. Following some discussion, it was the consensus of city Council to authorize the Director of Community Development to attend the meeting on behalf of the City. Mayor Firtion called recess at 8:02 p.m. and reconvened the meeting at 8:14 p.m. Ail members were present. COMMITTEE REPORTS/RECOMMENDATIONS None. OLD BUSINESS None. NEW BUSINESS ISS Landscape Management Service, Inc. (City Manager Transmittal dated .3/3/95, Pqs of Current Agreement, Letter dated 3/1/95, Exhibits A, ~ ~ from ISS) The City Manager explained the confusion existing in the ISS Golf Course maintenance agreement regarding purchase or lease of equipment (see transmittal attached). 11 Regular City Council Meeting March 8, 1995 Page Twelve City Council discussion followed, each member expressing his/her opinion and recollections of previous statements. The city Manager said the city has maintained a position during negotiations that ISS was to have provided for the equipment. Further discussion of City Council took place. Oberbeck suggested a rebid. Mr. The City Manager suggested City Council re-examine options he outlined and each member restated his/her position. MOTION by Oberbeck/Freeland I move to hold ISS to the existing contract as signed. Mayor Firtion inquired whether anyone had an objection to the ISS representative addressing City Council. Mr. Oberbeck objected. ROLL CALL: Mr. oberbeck - aye Mayor Firtion - nay Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland - aye MOTION CARRIED 3-2 (Firtion, Damp - nay) 14. CITY COUNCIL MATTERS A. Vice-Mayor Carolyn Corum TAPE II - SIDE I (8:45 p.m.) Vice Mayor Corum reported that strip mining is taking away a valuable resource; discussed loss of property rights; discussed speeding refuse collection trucks on yard debris day; and urged that the City move ahead with stormwater drainage. 12 Regular City Council Meeting March 8, 1995 Page Thirteen B. Mrs. Norma Damp None. C. Mr. Robert Freeland Mr. Freeland inquired, on behalf of John Kanfoush, about the status of the paths at Barber Street Sports complex; and inquired about the Park Place surcharge, to which the City Manager responded that he understands the dilemma, however, the agreement between Nelson Hyatt and indian River County transferred to the City along with enforcement of the $10 surcharge. Mr. Freeland read an article regarding congressional action on Endangered Species as it relates to property; expressed concern for statements by Mrs. Damp that the Airport Manager should be replaced; discussed politics and special interests in Sebastian; commended City staff, former Mayor Lonnie Powell, Vice Mayor Corum and Mr. Oberbeck; and said he would continue to be involved in the City. D. Mr. Frank Oberbeck Mr. oberbeck recommended that an answer be given to Herbert Sturm relative to Pine Street drainage; requested time certain language for special use permits; questioned the utility increase, to which the City Manager responded there is an escalator clause in the latest rate resolution; and reported that employee Tony Clopein has been hospitalized at Holmes with heart problem. E. Mayor Arthur Firtion Mayor Firtion said the scrub jay issue has been taken over by Indian River County saving taxpayer dollars. Mr. Oberbeck and Mr. Freeland were excused from 9:15 p.m. to 9:17 p.m. Mayor Firtion reported that the purchase of the GDU system was a mistake, and stated that it was prudent to go with Indian River County; discussed the need to alleviate drainage problems; recommended that purchase of the Julian property not be considered; 13 Regular City Council Meeting March 8, 1995 Page Fourteen discussed the Police Station sick building problem; and said he takes insults from members of city Council from where they come. 15. CITY ATTORNEY MATTERS None. 16. CITY MANAGER MATTERS 17, The city Manager said the THM permit has been received from FDEP, however, he is holding off until a decision is reached relative to the utility system purchase; and reported he is severing the electrical connection to the Police station. Mr. Freeland offered to assist with city computers. Vice Mayor Corum inquired about utility negotiations. Being no further business, Mayor Firtion adjourned the Regular Meeting at 9:25 p.m. Approved at the ~~/~~/c_~~ Meeting. 'Halloran, City Clerk , 1995, City Council Arthur L. Firtion, Mayor 14