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