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Home My WebLink About04131994 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 13, 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 q£ 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 Robert Merola - St. Elizabeth's Episcopal 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 ~ND/OR ANNOUNCEMENTS 94.109 Proclamation - "Fair Housing Opens Doors in Indian River County" Month - Board of Realtors 94.110 Proclamation - Girl Scout Leader's Day - April 22, 1994 94.111 94.112 94.113 10. 11. 12. 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 - 3/23/94 Regular Meeting, 4/6/94 Special Meeting, 4/6/94 Workshop RESOLUTION NO. R-94-22 - Vacation of Easement (City Clerk Transmittal dated 4/6/94, R-94-22, Application, Survey, Staff and Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTHEAST SIX FEET OF LOT 13 AND THE NORTHWEST SIX FEET OF LOT 14, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 234, SEBASTIAN HIGHLANDS UNIT 6, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-94, 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. Cz Bid Award - Lightning System Protection for Police Department - Premier Lightning Protection Co. of Altamonte Springs - $7,160.00 (City Engineer Transmittal dated 4/13/94, Bid Tabulation) Burgoon Berger - Specimen Tree Removal - One Oak and One Pine - Lots 35 & 36, Block 280, Sebastian Highlands Unit 10 (Director of Community Development Transmittal dated 4/7/94, Application and Survey) PRESENTATIONS CITY ATTORNEY MATTERS CITY MANAGER MATTERS COMMITTEE REPORTS/RECOMMENDATIONS 2 13. OLD BUSINESS 14. NEW BUSINESS 15. M~YOR AND CITY COUNCIL MATTERS A. Mrs. Norma Damp B. Mr. Robert Freeland 94.114 1. Consider Sale of Surplus Land Owned by city to Help Finance Julian Purchase (No Backup) C. ~r. Frank Oberbeck D. Mayor Arthur Firtion E. Vice-Mayor Carolyn Corum 16. 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) 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 AGENDA ITEMS SIGNUP SHEET APRIL 13, 1994 REGULAR MEETING (Use this form ONLY for input on items on the prepared agenda EXCEPT for public hearings which have their own signup sheets. You will now speak immediately prior to the subject after being recognized by the Mayor.) NAME : ADDRESS : ITEM NO.: SUBJECT : NAME : ADDRESS : ITEM NO.: SUBJECT : NAME : ADDRESS : ITEM NO.: SUBJECT : NAME : ADDRESS : ITEM NO.: SUBJECT : INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGNUP SHEET APRIL 13, 1994 REGULAR CITY COUNCIL MEETING (Use this form ONLY for presentation of matters NO~ on the prepared agenda, introduction of Business from the Public last item on the~nda) SUBJECT: is the NAME: ADDRESS: SUBJECT: ....................... RSL _IZf N~E: ADDRESS: SUBJECT: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 13, 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. 2. The Pledge of Allegiance was recited. Louisa Walsh and members of Brownie Troop #003 gave the invocation. 4. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Charles Nash Chief of Police, Earle Petty Deputy City Clerk, Sally Maio Regular City Council Meeting April 13, 1994 Page Two 94.109 94.110 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). Mrs. Corum suggested that the seating arrangement be addressed. Mayor Firtion said he had rearranged the seating at the last meeting as, he believed, was his prerogative and asked the city Attorney to give a decision on procedure. MOTION by Corum/Damp I make a motion to put this item on the agenda. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - nay Mr. Oberbeck - nay Mayor Firtion - aye MOTION FAILED due to requirement for unanimous vote. The City Attorney advised that any City Council member can bring up discussion under his or her matters, however, unanimous vote is required for addition of action items to the agenda. 6. PROCLAMATIONS AND]OR ANNOUNCEMENTS Mrs. Corum announced that there will be a children's health fair at the Sebastian River Medical Center on April 16. Proclamation - "Fair Housing Opens Doors in Indian River County" Month - Board of Realtors Mayor Firtion read and presented the proclamation to Dan Preuss, who addressed the audience regarding fair housing. Proclamation - Girl Scout Leader's Day - April 22. 1994 Mayor Firtion read and presented the proclamation to Tammi Talles-Eriksen and Brownie Troop #003. The troop read a poem regarding Girl Scouts. 2 Regular City Council Meeting April 13, 1994 Page Three 94.111 94.112 94.113 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 - 3/23/94 Regular Meeting, 4/6/94 Special Meeting, 4/6/94 Workshop RESOLUTION NO. R-94-22 - Vacation of Easement (City Clerk Transmittal dated 4/6/94, R-94-22, Application, Survey, Staff and Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTHEAST SIX FEET OF LOT 13 AND THE NORTHWEST SIX FEET OF LOT 14, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 234, SEBASTIAN HIGHLANDS UNIT 6, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-94, 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. Bid Award - Lightning System Protection for Police Department - Premier Lightning Protection Co. of Altamonte Springs - $7,160.00 (City Engineer Transmittal dated 4/13/94, Bid Tabulation) Burgoon Berger - Specimen Tree Removal - One Oak and One Pine - Lots 35 & 36, Block 280, Sebastian Highlands Unit 10 (Director of Community Development Transmittal dated 4/7/94, Application and Survey) The City Clerk read the consent agenda in its entirety, including title for Resolution No. R-94-22. Mrs. Corum and Mr. Oberbeck removed item A, Mrs. Damp removed item C, and Mayor Firtion removed items C and D for public input. Regular City Council Meeting April 13, 1994 Page Four MOTION by Corum/Freeland I move the approval of item B of the consent agenda. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 Item A - Minutes Mrs. Corum noted a typo in the 3/23/94 minutes regarding the correct spelling of the name Toland (was Tolland). Mr. Oberbeck questioned several aspects of the minutes regarding, in his opinion, improper procedures by Council members. MOTION by Oberbeck/Corum I would move to that effect, item A, approval of minutes. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Item C - Lightning Protection George Reid, 202 DelMonte Road, Sebastian, stated he contends the Police Department radio tower was not properly grounded, suggested that City Council carefully examine what has been proposed tonight, and suggested a letter to Engineering be reviewed. MOTION by Freeland/Corum I move to award the lightning system protection installation at the Police Department to Premier Lightning Protection Co. of Altamonte Springs - for $7,160.00. Regular City Council Meeting April 13, 1994 Page Five City Council discussion followed regarding need for further information. ROLL CALL: Mr. Oberbeck - nay Mayor Firtion - nay Mrs. Corum - nay Mrs. Damp - nay Mr. Freeland - nay MOTION FAILED 5-0 MOTION by Oberbeck/Freeland I would move that we postpone this item to a later date until such time as we can be afforded additional information on the method of grounding, the type of grounding, and this Council is comfortable with the type of information prepared for us and staff approves. The City Attorney advised that denial of the motion to award rejects the bids. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Item D - Specimen Tree Shirley Kilkelly, 950 Franciscan Terrace, Sebastian, suggested the subject house be repositioned to save the trees and inquired about the progress of the specimen tree ordinance. MOTION by Corum/Damp I make a motion to deny item D of the consent agenda. city Council discussion followed on the need for further information. Mrs. Damp withdrew her second, Mayor Firtion called for a second and there was no response. MOTION DIED for lack of a second. 5 Regular City Council Meeting April 13, 1994 Page Six MOTION by Freeland/Oberbeck I would move that we postpone acting on this application until we get additional information, and the applicant being Burgoon Berger Construction Corporation re: Lots 35, 36, Block 280, Unit 10. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 Mayor Firtion called recess at 7:49 p.m. and reconvened the meeting at 8:00 p.m. All members were present. 9. PRESENTATIONS None. 10. CITY ATTORNEY MATTERS None. 11. CITY MANAGER MATTERS The City Manager requested reconsideration of previous action on rejection of the lightning bid and letting stand the action of tabling the action for additional information until next Wednesday. TAPE I - SIDE II (8:03 p.m.) MOTION by Oberbeck/Corum I would move then to readdress item c of the consent agenda with regard to the bid award, lightning system protection for the Police Department, and table awarding or denial of this bid until next Wednesday's meeting. Mayor Firtion stated the reason for this action is the fact that lightning season is approaching. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 6 Regular City Council Meeting April 13, 1994 Page Seven 12. COMMITTEE REPORTS/RECOMMENDATIONS Mr. Oberbeck reported that this month's MPO meeting was canceled. 13. OLD BUSINESS None. 14. NEW BUSINESS None. 15. MAYOR AND CITY COUNCIL MATTERS A. Mrs. Norma Damp None. B. Mr. Robert Freeland 94.114 Consider Sale of Surplus Land Owned b__y Ci~ to HelR Finance Julian Purchase (No Backup) Keith Miller, 961 Riviera Avenue, Sebastian, suggested selling the Cavcorp property. MOTION by Freeland/Oberbeck I move that we ask the City Manager to have staff identify the parcels we own and come before the staff (Council?) with the recommendation of whatever may be saleable. City Council discussion followed regarding city properties. The City Manager said he and the Director of Community Development are attempting to identify on a map those properties that are not being used for a governmental function to ascertain what properties can be released as surplus. MOTION AND SECOND were withdrawn. In response to Mr. Freeland, the City Manager said the annual audit would be presented at the April 27, 1994 regular meeting. Mr. Freeland objected to the manner in which the seating arrangement and other matters were handled by Mayor Firtion. Regular city Council Meeting April 13, 1994 Page Eight C. Mr. Frank Oberbeck Mr. Oberbeck inquired about workers compensation for Council members, to which the City Manager responded that workers comp and general liability were combined at this time and will be broken out in the next budget; requested a progress report on the Riverview Park North property; inquired about the progress on the possibility of a bicycle path on the south side of CR 512, and was informed a letter was sent to Indian River County by the City Engineer; and discussed the manner in which the seating arrangement and other matters were handled by Mayor Firtion. D. Mayor Arthur Firtion Mayor Firtion said he had received advice from staff on procedures and believed that what he does on Council is for the good of the city. E. Vice-Mayor Carolyn Corum Mrs. Corum recommended the City Attorney be seated at the dais with City Council and suggested an alternate seating arrangement, at which time Mayor Firtion said to place the item on the next agenda; discussed the possibility of reopening Stonecrop Park; expressed the need for a median cut on U.S. 1 adjacent to Park Place, to which Mr. Oberbeck stated that the former City Manager had expressed this to FDOT and there should be correspondence on file; warned that dogs and cats can both be picked up by Animal Control; and expressed concern for litter on the streets. 16. 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) George Reid, 202 DelMonte Road, Sebastian, cited seating changes that have been made in the past, and suggested that city staff work with the new Mayor. Mr. Freeland excused himself from the meeting at 8:31 p.m. Herbert Sturm, 549 Saunders Street, Sebastian, discussed his code Enforcement case. Mr. Oberbeck was excused from 8:35 p.m. to 8:38 p.m. 8 Regular City Council Meeting April 13, 1994 Page Nine Thomas Wojciechowski, Petersen Street, inquired about City liability relative to the bridge being constructed near the Golf Course. The City Clerk said she would meet with the City Manager and City Engineer to review the matter. Mr. Wojciechowski recommended that the Cavcorp property not be sold; and suggested alternate Council seating. Mayor Firtion announced the Volunteer Fire Department is holding a car wash on April 16 at Food Lion. 17. Ap~ed at the Being no further business, Mayor Firtion adjourned the Regular Meeting at 8:45 p.m. ~ ~ , 1994, City Council Meeting. ~~~ Kathryh M. O'Halloran, CMC/AAE City Clerk 9