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HomeMy WebLinkAbout03231994 City of Sebastian 1225 MAIN STREET [:] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 23, 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) CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Henk Toussaint - St. Sebastian Catholic Church 4. ROLL CALL 5. AGENDA MODIFICATIONS {ADDITIONS Items not on the written agenda upon unanimous consent of the Council (Resolution No. R-93-19). A~D/OR DELETIONS) - may be added only members present None. PROCLAMATIONS AND/OR ANNOUNCEMENTS PUBLIC HEARING, FINAL ACTION 94.088 94.089 94.090 94.091 94.092 94.093 8. CONSENT AGENDA 10. 11. 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 - 3/9/94 Regular Meeting, 3/14/94 Special Meeting, 3/16/94 Special Meeting Dan Morgan/Century 21/Realty King - Request Use of Community Center - 2nd Annual Easter Seals Golf Tournament Awards Banquet - 4/16/94 - 6 pm to Midnight - A/B and Rental Fee Waiver - Permittee DOB 10/30/36 (City Clerk Transmittal dated 3/7/94, Application, 2 Letters dated 1/4/94, Old Application) Treasure Coast Builders Association - "Parade of Homes" - Approve Special Events Signs with Staff Conditions (Director of Community Development Transmittal dated 3/17/94, TCBA Letter dated 3/11/94) United Methodist Church - Sunrise Service - Easter Sunday - Riverview Park - 6:00 a.m. to 7:30 a.m. - Approve with Conditions (Director of Community Development Transmittal dated 3/17/94, Hill Letter dated 3/4/94) G.F.W.C. Sebastian River Junior Women's Club - Harvest Craft Fair - 11/27/94 - Approve with conditions (Director of Community Development Transmittal dated 3/9/94, Harle Letter dated 3/9/94) PRESENTATIONS A. Present Plaque to Former Mayor Lonnie R. Powell Chamber of Commerce - Continued Efforts for Chamber and City to Work Together CITY ATTORNEY MATTERS CITY MANAGER MATTERS 2 12. COMMITTEE REPORTS/RECOMMENDATIONS 94.094 94.095 94.081 94.096/ 93.337/ 89.003 94.097 13. A. CONSTRUCTION BOARD Accept Resignation of Nyra Enlow Effective Immediately (Director of Community Development Transmittal dated 3/9/94, Enlow Letter dated 3/1/94) B. CODE ENFORCEMENT BOARD Appoint Salvatore Neglia to Member Position - Three Year Term to Expire March 1997 (Director of Community Development Transmittal dated 3/16/94, Application) OLD BUSINESS Az Street Improvement Program - 1993/94 Fiscal Year - Updated List - $162,500.00 (City Engineer Transmittal dated 3/10/94, Updated List and Cost Estimate) 14. NEW BUSINESS Authorization to Proceed with Implementation of the Airport Master Plan - Apply for Federal Funding - Advertise Request for Proposal (City Manager Transmittal dated 3/15/94) St. Johns River Water Management District Consumptive Use Permit Renewal for Filbert Street Water Treatment Plant - Hartman & Associates Engineering Services - $19,700 (Utilities Director Transmittal dated 3/16/94, Hartman Proposal) 15. MAYOR AND CITY COUNCIL MATTERS A. Mayor Arthur Firtion B. Vice Mayor Carolyn Corum C. Mrs. Norma ~ D. Mr. Robert Freeland E. Mr. Frank Oberbeck 16. INTRODUCTION O__FNEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) 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. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGNUP SHEET MARCH 23' 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 o~the ~enda) SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 23, 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 Firtion called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Henk Toussaint - St. Sebastian Catholic 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 Clerk/Acting City Manager, Kathryn M. O'Halloran city Attorney, Charles Nash city Engineer/PW Director, Dan Eckis Utilities Director, Richard Votapka Airport Manager, John Van Antwerp Deputy City Clerk, Sally Maio Regular city Council Meeting March 23, 1994 Page Two 94.088 94.089 94.090 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 None. 7. PUBLIC HEARING, FINAL ACTION None. 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 - 3/9/94 Regular Meeting, 3/14/94 Special Meeting, 3/16/94 Special Meeting Dan Morgan/Century 21/Realty King - Request Use of Community Center - 2nd Annual Easter Seals Golf Tournament Awards Banquet - 4/16/94 - 6 pm to Midnight - A/B and Rental Fee Waiver - Permittee DOB 10/30/36 (City Clerk Transmittal dated 3/7/94, Application, 2 Letters dated 1/4/94, Old Application) Treasure Coast Builders Association - "Parade of Homes" - Approve Special Events Signs with Staff Conditions (Director of Community Development Transmittal dated 3/17/94, TCBA Letter dated 3/11/94) United Methodist Church - Sunrise Service - Easter Sunday - Riverview Park - 6:00 a.m. to 7:30 a.m. - Approve with Conditions (Director of Community Development Transmittal dated 3/17/94, Hill Letter dated 3/4/94) Regular City Council Meeting March 23, 1994 Page Three 94.091 E. 94.092 G.F.W.C. Sebastian River Junior Women's Club - Harvest Craft Fair - 11/27/94 - Approve with Conditions (Director of Community Development Transmittal dated 3/9/94, Harle Letter dated 3/9/94) The City Attorney read the consent agenda in its entirety. Mr. Oberbeck removed item A. MOTION by Oberbeck/Freeland I would move that we approve items B, C, D, and E of the consent agenda. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 Item A - Approval of Minutes Mr. oberbeck corrected the motion for the consent agenda for the March 9, 1994 meeting, changing F to E. MOTION by Oberbeck/Corum I would then move that we approve item A 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 9. PRESENTATIONS A. Present Plaque to Former Mayor Lonnie R. Powell Mayor Firtion presented a plaque to former Mayor Lonnie R. Powell and commended him for a great job. Regular City Council Meeting March 23, 1994 Page Four 94.093 B. Chamber o__~f Commerce - Continued Efforts for Chamber and City to Work Together Kevin Crowe, President, Chamber of Commerce, requested the appointment of a non-voting City representative to the Chamber Board of Directors, thanked councilmembers Damp and Freeland for their attendance at the real estate expo on March 12, and cited upcoming projects that will require cooperation with the city. Mayor Firtion volunteered to be the alternate representative and Mr. Freeland volunteered to be the regular representative. 10. CITY ATTORNEY MATTERS The City Attorney read a letter from Charles Sembler disputing an annexation from 1957, and sought direction from city Council. (see attached) MOTION by Damp/Corum I make a motion that we authorize Mr. Nash to look into the Sembler matter. Mr. Oberbeck suggested that staff look into it first and then contact the city Attorney if needed. Motion and second were withdrawn. MOTION by Damp/Corum I make a motion that Mr. Cooper will then take over and with his authority do the recommendation as he sees fit. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 The City Attorney briefly reported on the Julian property and said he would prepare an update for the next meeting. Regular City Council Meeting March 23, 1994 Page Five 11. CITY MANAGER MATTERS The City Clerk/Acting City Manager reported on the city Manager's progress. 12. COMMITTEE REPORTS]RECOMMENDATIONS A. CONSTRUCTION BOARD 94.094 1. 94.095 Accept Resiqnation o__f Nvra Enlow Effective Immediately (Director of Community Development Transmittal dated 3/9/94, Enlow Letter dated 3~1/94~ MOTION by Oberbeck/Freeland I would move that we accept the resignation of Nyra Enlow effective immediately with regrets. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 B. CODE ENFORCEMENT BOARD Appoint Salvatore Neglia t__o Member Position Three Year Term to Expire March 1997 (Director o__f Communit~ Development Transmittal dated 3/16194~ Application) MOTION by Oberbeck/Damp I would move that we appoint Salvatore Neglia to the member position three year term to expire March 1997 on the Code Enforcement Board. Mrs. Damp inquired as to the date of the application. Mrs. Corum urged people to volunteer and suggested that a press release be placed noting the need for members and meeting dates and times. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Regular City Council Meeting March 23, 1994 Page Six 13. OLD BUSINESS 94.081 A. Street Improvement Program ~ 1993/94 Fiscal Year ~ Updated List - $162,500.00 (City Engineer Transmittal dated 3/10/94, Updated List and Cost Estimate) The City Engineer explained that a further evaluation had been conducted (see list attached). MOTION by Freeland/Damp I move to approve the proposed street improvement program for the streets identified by Dan, the 15 streets, in the amount of $162,500. City Council discussion followed. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 14. NEW BUSINESS 94.o96/ 93.337/ 89.003 Authorization t__o Proceed with Implementation o__f the Airport Master Plan - Apply for Federal Funding - Advertise Request for Proposal (City Manager Transmittal dated 3/15/94) MOTION by Damp/Freeland I move that we give authority to proceed with the Airport Master Plan. The Airport Manager explained the need for consultants to apply for funding and that, in accordance with normal procedure, the consultant's fees are part of the grant. TAPE I - SIDE Ii (7:48 p.m.) ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 Regular City Council Meeting March 23, 1994 Page Seven 94.097 B. St. Johns River Water Manaqement District Consumptive Use Permit Renewal for Filbert Street Water Treatment Plant - Hartman ! Associates Engineering Services - $19,700 (Utilities Director Transmittal dated 3/16/94. Hartman Proposal) MOTION by Corum/Damp I make a motion that City Council denies the use of Hartman and Associates for engineering services for the transmittal dated 3/16/94. Mrs. Corum suggested using someone other than Hartman and Associates. The Utilities Director noted the June 9, 1994 deadline, further explained the need for haste in submitting the application for permit and outlined the permitting process. ROLL CALL: Mr. Freeland - nay Mr. Oberbeck - nay Mayor Firtion - nay Mrs. Corum - aye Mrs. Damp - nay MOTION FAILED 1-4 (Freeland, Oberbeck, Firtion, Damp - nay) MOTION by Oberbeck/Corum I would move that we approve the engagement of Hartman and Associates to secure the permitting required for the Filbert Street water treatment plan in the amount not to exceed $19,700. Mrs. Corum inquired about the cost for wells to test for salt water intrusion from a current sandmine operation, and whether the cost can legally be passed on. The City Attorney responded that if it is a lawful operation the city could probably not obtain redress. Regular City Council Meeting March 23, 1994 Page Eight The Utilities Director responded to Mayor Firtion on actual costs of the permitting process. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-1 (Corum - nay) Mayor Firtion called recess at 8:10 p.m. and reconvened the meeting at 8:18 p.m. Ail members were present. 15. MAYOR AND CITY COUNCIL MATTERS A. Mayor Arthur Firtion Mayor Firtion said he had a very positive meeting with the Director of Community Development, Brian Tolland and Roland DeBlois regarding the scrub jay issue, and suggested a two hour Special City Council Workshop on April 12 or 14, 1994 at 10:00 a.m. to further discuss the matter. It was the consensus of city Council to hold the workshop on either April 12 or 14, 1994, 10:00 a.m. to noon, depending on U.S. Fish and Wildlife. The City Attorney was excused from that meeting. Mayor Firtion asked for resident volunteers to form a task force to review the condition of all City streets and drainage to assist the City Engineer/Public Works Director; and suggested an annual challenge to all Indian River County municipalities for the highest voter turnout, stating that he would supply the plaque for the first year. city Council concurred. Mayor Firtion said he would contact the other Mayors. B. Vice Mayor Carolyn Corum Vice Mayor Corum thanked the City Engineer for reflectors on Wave Street and inquired about Easy; stated that she had been informed by staff that they will present a report on the question of reopening of Stonecrop Park; and said she had heard numerous complaints about drainage. Regular City Council Meeting March 23, 1994 Page Nine C. Mrs. Norma Damp Mrs. Damp urged that something be done about the air quality problem at the Police station; and expressed concern about the poor audio broadcast quality and suggested that the budget may have to be increased to purchase what is needed. D. Mr. Robert Freeland Mr. Freeland said credit goes to the Acting city Manager for closing out many matters before Council during her tenure. TAPE II - SIDE I (8:45 p.m.) E. Mr. Frank Oberbeck Mr. oberbeck suggested that Indian River County be requested to install a bikepath on the south side of CR 512 adjacent to the library. The City Engineer responded to Mrs. Damp's inquiry relative to alignment of Laconia Street. Vice Mayor Corum suggested that the Director of Community Development be taken off the police station problem and direct the city Manager to take it over and arrange a meeting with all parties involved. Mayor Firtion said he intended to contact the city Manager regarding a meeting. Mr. Oberbeck reiterated his request for a bikepath starting at Barber and ending at the library. 16. INTRODUCTION OF ~EW 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, 461 Georgia Boulevard, Sebastian, asked what is being done about the poor condition of the south city limit sign, placement of fish cleaning tables at city ramps, and reported the Delaware and Fellsmere Road street sign is missing. The city Engineer responded that he will look into the matters. 9 Regular City Council Meeting March 23, 1994 Page Ten George Hertling, 517 Breakwater Terrace, Sebastian, recommended the reopening of Stonecrop Park. Ben Limbeek, 320 Valencia Street, Sebastian, inquired about a rumor he heard that an easement adjacent to his property in Orange Heights is for sale. The City Engineer said he had heard something about a right-of-way on the north property line of Orange Heights, however, staff assured Mr. Hertling they were unaware of any sale. 17. Being no further business, Mayor Firtion adjourned the Regular Meeting at 9:04 p.m. /2 /gf~ , 1994, city Council Meeting. ~rthur B. Firgion, ~ayor Kathry M. O'Halloran CMC/AAE 10