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HomeMy WebLinkAbout04141993 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 14, 1993 - 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. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Donald Swope, Sebastian Presbyterian Church 4. ROLL CALL 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-89-59). 93. 126 PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation - St. Sebastian River Appreciation Day - April 24, 1993 93.127 93.109 7. PRESENTATIONS A. RESOLUTION NO. R-93-13 - Bottle-Nose Dolphin Protection - Presented to Joe Roberts, President, Dolphin Alliance (City Clerk Recommendation dated 4/8/93, R-93-13) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA REQUESTING THAT DOLPHINS BE DECLARED A NATIONAL TREASURE AND PROVIDED PROTECTION FROM CAPTURE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 8. 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. 0-93-07 - Reimbursement of City Council Expenses (City Manager Recommendation dated 4/8/93, 0-93-07 Revised Draft) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADMINISTRATION; AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN BY ADDING NEW SECTION 2-34 TO PROVIDE FOR REIMBURSEMENT OF EXPENSES OF COUNCIL MEMBERS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 3/24/93, Advertised Legal Notices 3/31/93, Public Hearing and Adoption 4/14/93) 9. PUBLIC INPUT O__NAGENDA ITEMS 2 10. CONSENT AGENDA 93.128 93.129 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 - 3/24/93 Regular Meeting, 4/7/93 Workshop RESOLUTION NO. R-93-12 - Vacation of Easement - Lot 12 & 13, Block 82, Unit 2, Sebastian Highlands (R-93-12, City Engineer Memo dated 3/23/93, Application and Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE PUBLIC UTILITY AND DRAINAGE EASEMENTS ON NORTH FIVE FEET OF LOT 12, AND THE SOUTH FIVE FEET OF LOT 13, BLOCK 82, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-34, 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-93-15 - Treasure Coast Council of Local Governments (City Manager Recommendation dated 4/8/93, R-93-15) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING COMBINING WITH CERTAIN OTHER GOVERNMENTAL UNITS TO FORM A COUNCIL OF LOCAL GOVERNMENTS PURSUANT TO SECTION 163.02 OF THE FLORIDA STATUTES; AUTHORIZING THE MAYOR, CITY CLERK AND CITY ATTORNEY TO SIGN, ON BEHALF. OF THE CITY, A JOINT RESOLUTION, ALONG WITH EIGHT OTHER GOVERNMENTAL UNITS, ESTABLISHING THE NAME OF THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS AND PROVIDING FOR MEMBERSHIP, POWERS AND ADMINISTRATION OF THE TREAURE COAST COUNCIL OF LOCAL GOVERNMENTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 93. 130 93.131 93.132 93.133 93.134 93. 135 93. 136 93.137 93.138 Appoint Wendy Widmann as city's Americans with Disabilities Act (ADA) Coordinator (Staff Recommendation dated 4/1/93, Personnel Director Memo dated 3/26/93) Receive Code Enforcement Orders - Miller Case No. 93-7680, Kozdra Case No. 92-7475, Garvey Case No. 93-7618 (Orders) Bid Award - Seed and Mulch - Nail Farm, Inc. - $ 0.18 Per SY (Staff Recommendation dated 4/6/93, Bid Tabulation) Bid Award - Golf Course - Crusade Insecticide Harrell's Inc. of Lakeland - $7,200.00 (Staff Recommendation dated 4/8/93, Bid Tabulation) Formal Acceptance of Norma Damp Resignation from Planning and Zoning Commission (Damp Letter dated 3/10/93, P & Z Memo dated 4/7/93) Ando Building Corporation - Specimen Tree Removal - One Pine - Lot 2, Block 84, Unit 2, SH (Staff Recommendation dated 4/7/93, Application, Survey) Tozzolo Bros. - Specimen Tree Removal - One Pine - Lot 18, Block 393, Unit 11, SH (Staff Recommendation dated 4/7/93, Application, Survey) Request for Community Center - Deonna Stevens - Wedding Reception - 5/1/93 - 5 p.m. to 10 p.m. - A/B - Security Paid - Permittee DOB 9/13/70 (City Clerk Recommendation dated 3/22/93, Application) Request for Fee Waiver - Community Center - Century 21 Realty Easter Seal Society - Golf Awards Banquet - 5/29/93 - 6 p.m. to Midnight - A/B - Security Paid - Permittee DOB 10/30/36 (City Clerk Recommendation dated 3/24/93, Morgan Letter dated 3/19/93, Application) 11. MAYOR AND CITY COUNCIL MATTERS A. Mrs. Carolyn Corum B. Mrs. Norma Damp C. Mr. Robert Freeland 4 93. 139 93.140/ 92.101 93. 141 93.142/ 92.216 93.143 93.144 D. Mayor Lonnie R. Powell E. Vice-Mayor Frank Oberbeck 12. CITY ATTORNEY MATTERS RESOLUTION NO. R-93-11 - Third Amendment to City Attorney Contract (City Attorney Letter dated 3/22/93, R-93-11, Third Amendment) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CITY ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO AN AMENDMENT TO THE EXISTING CONTRACTUAL SERVICE AGREEMENT WITH CHARLES IAN NASH FOR THE PURPOSES OF PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR THE EXTENSION OF THE EXISTING CONTRACTUAL SERVICE AGREEMENT BETWEEN THE CITY AND CHARLES IAN NASH; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. 13. CITY MANAGER MATTERS Contamination Assessment Report Addendum - Central Garage (Staff Recommendation dated 4/8/93, Transamerican Environmental (Envirx) Letters dated 3/17/93, Addendum) Discharge Report - Washington Street Right-of-Way - 1200 Indian River Drive (Staff Recommendation dated 4/8/93, City Engineer Letter dated 4/6/93, HRS Letter dated 3/23/93, Discharge Report) Wentworth Ditch - Electrical Line Relocation (Staff Recommendation dated 4/8/93, Davis Letter dated 4/2/93, FPL Cost Estimate) MPO Transportation Enhancement Project (Staff Recommendation dated 4/8/93, Keating Memo dated 4/5/93 w/Attachment) 14. COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING AND ZONING COMMISSION Recommend Amendment to Land Development Code - Accessory Structures (Staff Recommendation dated 4/1/93, P & Z Memo dated 3/18/93) 15. 93.119 16. 93.001/ 92.181 93.064 93. 145 17. OLD BUSINESS Yacht Club Dock Project (city Manager Recommendation dated 4/8/93, Fey Letter dated 1/18/93, Agenda Transmittal dated 4/9/92, City Engineer Letter dated 3/18/92, Davis Memo dated 4/6/92, Riomar Plan dated 2/22/93) NEW BUSINESS ORDINANCE NO. 0-93-08 - Airport Manager - Fixed Base Operator (city Manager Recommendation dated 4/8/93, 0-93-08) 1st Reading, Set Public Hearing for 5/12/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 22-29(a) OF THE CODE OF ORDINANCES TO PROVIDE THAT THE CURRENT AIRPORT MANAGER SHALL BE A FIXED BASE OPERATOR; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Review Alternatives for Proposed Tree Protection Ordinance No. 0-93-06 (Staff Recommendation, 0-93-06) Award Bid - Community Development Records Room - Randy Hines Construction, Inc. - $18,975 (Staff Recommendation dated 4/8/93, Bid Tabululation) INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 18. 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~ODUCTiON OF BUSINESS FROM THE PUBLIC SIGNUP SHEET APRIL 14, 1993 REGULAR CITY COUNCIL MEETING (Use this for~ ONLY for presentation of matters NOT on the prepared agenda. Introduction of Business from the Public is the last item NAME: ADDRESS: the agenda) SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAMEI ADDRESS: SUBJECT: NAME= ADDRESS= SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT= NAME= ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ~DDRESS: SUBJECT: NAME: ADDRESS= 2 PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET APRIL 14, 1993 CITY COUNCIL REGULAR MEETiNG (Use this form ONLF for input on items on the prepared agenda except for public hearings which have their own signup sheets. If you wish to speak during the actual discussion of the matter rather than during "Public Input on Agenda Items" please note.) NAME: AD, ESS: ~/~UBJECT: SUBJECT: UBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME = ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT= NAME: ADDRESS: SUBJECT: NAME= ADDRESS: SUBJECT: NAME = ADDRESS: SUBJECT: PUBLIC HEARING SiGN-UP SHEET APRIL 14, 1993 REGULAR MEETING ORDINANCE NO. 0-93-07 - REIMBURSEMENT OF CITY COUNCIL EXPENSES AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADMINISTRATION; AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN BY ADDING NEW SECTION 2-34 TO PROVIDE FOR REIMBURSEMENT OF EPENSES OF COUNCIL MEMBERS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 3/24/93, Advertised Legal Notices 3/31/93, Publlc Hearing and Adoption 4/14/93} NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS= NAME = ADDRESS= NAME = ADDRESS= NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 14, 1993 - 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. 1. Mayor Powell Called the meeting to order at 7:05 p.m. 2. The Pledge of Allegiance was recited. 3. No invocation was given. 4. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting April 14, 1993 Page Two 93.126 93.127 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONSk - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). The City Manager presented backup from Debra Curbow and the City Engineer relative to Blossom Park for placement under Introduction of Business from the Public. City Council concurred. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS Proclamation - St. Sebastian River Appreciation D~y - April 24, 1993 Mayor Powell read and presented the proclamation to Wally Kramer and Mr. Kramer gave a brief presentation. PRESENTATIONS ae RESOLUTION NO. R-93-13 - Bottle-Nose Dolphin Protection - Presented to Joe Roberts, President, Dolphin Alliance (City Clerk Recommendation dated 4/8/93, R-93-13) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA REQUESTING THAT DOLPHINS BE DECLARED A NATIONAL TREASURE AND PROVIDED PROTECTION FROM CAPTURE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The city Manager read Resolution No. R-93-13 by title only. MOTION by Oberbeck/Corum I would move that we approve Resolution No. R-93-13. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 2 Regular City Council Meeting April 14, 1993 Page Three Joe Roberts, Dolphin Alliance, accepted the resolution and gave a brief presentation. 8. 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. 93.109 ORDINANCE NO~.. 0-93-07 - Reimbursement of City Council Expenses (City Manager Recommendation dated 4/8/93, 0-93-07 Revised Draft) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADMINISTRATION; AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN BY ADDING NEW SECTION 2-34 TO PROVIDE FOR REIMBURSEMENT OF EXPENSES OF COUNCIL MEMBERS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 3/24/93, Advertised Legal Notices 3/31/93, Public Hearing and Adoption 4/14/93) Mayor Powell opened the public hearing at 7:12 p.m. and the City Attorney read Ordinance No. 0-93-07 by title only. The city Manager briefly explained the revision in the body of the ordinance for approval of travel prior to the event. Mayor Powell closed the public hearing at 7:15 p.m. Regular City Council Meeting April 14, 1993 Page Four 93.128 MOTION by Freeland/Oberbeck I make a motion that we accept Ordinance No. 0-93-07. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 9. PUBLIC INPUT ON AGENDA ITEMS Charles Stachel, 1698 Coral Reef Street, Sebastian, distributed documentation relative to the proposed tree ordinance (see attached). Herbert Sturm, 549 Saunders Street, Sebastian, spoke on item 93.131 - Code Enforcement Orders. 10. 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 - 3/24/93 Regular Meeting, 4/7/93 Workshop RESOLUTION NO__=. R-93-12 - Vacation of Easement - Lot 12 & 13, Block 82, Unit 2, Sebastian Highlands (R-93-12, City Engineer Memo dated 3/23/93, Application and Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTiNUiNG THE PUBLIC UTILITY AND DRAINAGE EASEMENTS ON NORTH FIVE FEET OF LOT 12, AND THE SOUTH FIVE FEET OF LOT 13, BLOCK 82, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-34, 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. .Regular City Council Meeting April 14, 1993 Page Five 93.129 C. RESOLUTION NO. R-93-15 - Treasure Coast Council of Local Governments (City Manager Recommendation dated 4/8/93, R-93-15) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING COMBINING WITH CERTAIN OTHER GOVERNMENTAL UNITS TO FORM A COUNCIL OF LOCAL GOVERNMENTS PURSUANT TO SECTION 163.02 OF THE FLORIDA STATUTES; AUTHORIZING THE MAYOR, CITY CLERK AND CITY ATTORNEY TO SIGN, ON BEHALF OF THE CITY, A JOINT RESOLUTION, ALONG WITH EIGHT OTHER GOVERNMENTAL UNITS, ESTABLISHING THE NAME OF THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS AND PROVIDING FOR MEMBERSHIP, POWERS AND ADMINISTRATION OF THE TREAURE COAST COUNCIL OF LOCAL GOVERNMENTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 93. 130 D. Appoint Wendy Widmann as City's Americans with Disabilities Act (ADA) Coordinator (Staff Recommendation dated 4/1/93, Personnel Director Memo dated 3/26/93) 93.131 E. Receive Code Enforcement Orders - Miller Case No. 93-7680, Kozdra Case No. 92-7475, Garvey Case No. 93-7618 (Orders) 93.132 F. Bid Award - Seed and Mulch - Nail Farm, Inc. - $ 0.18 Per SY (Staff Recommendation dated 4/6/93, Bid Tabulation) 93.133 G. Bid Award - Golf Course - Crusade Insecticide Harrell's Inc. of Lakeland - $7,200.00 (Staff Recommendation dated 4/8/93, Bid Tabulation) 93.134 H. Formal Acceptance of Norma Damp Resignation from Planning and Zoning Commission (Damp Letter dated 3/10/93, P & Z Memo dated 4/7/93) 93.135 i. Ando Building Corporation - Specimen Tree Removal - One Pine - Lot 2, Block 84, Unit 2, SH (Staff Recommendation dated 4/7/93, Application, Survey) 93. 136 J. Tozzolo Bros. - Specimen Tree Removal - One Pine - Lot 18, Block 393, Unit 11, SH (Staff Recommendation dated 4/7/93, Application, Survey) · Regular City Council Meeting April 14, 1993 Page Six 93.137 K. 93.138 L. Request for Community Center - Deonna Stevens - Wedding Reception - 5/1/93 - 5 p.m. to 10 p.m. - A/B - Security Paid - Permittee DOB 9/13/70 (City Clerk Recommendation dated 3/22/93, Application) Request for Fee Waiver - Community Center - Century 21 Realty Easter Seal Society - Golf Awards Banquet - 5/29/93 - 6 p.m. to Midnight - A/B - Security Paid - Permittee DOB 10/30/36 (city Clerk Recommendation dated 3/24/93, Morgan Letter dated 3/19/93, Application) The City Manager read the consent agenda in its entirety, including title for Resolution Nos. R-93-12 and R-93-15. Mrs. Damp removed items C and E; Mrs. Corum removed item E; Mr. Oberbeck removed items I and J; and Mr. Freeland removed item L. MOTION by Oberbeck/Damp I would move that we approve A, B, D, F, G, H and K of consent agenda. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 Item C - RESOLUTION NO. R-93-15 - Treasure Coast Council of Local Governments Mrs. Damp requested a report from representative, Mayor Powell, as to what is gained from membership. Mayor Powell said he had not attended a meeting as yet since they meet in Port St. Lucie and asked Mr. Freeland to become the city's representative. Mr. Freeland concurred. Mr. Freeland said he would attend the next meeting and report back to city Council. 6 · Regular City Council Meeting April 14, 1993 Page Seven MOTION by Corum/Oberbeck I make a motion to approve Resolution No. R-93-15. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Item E - Receive Code Enforcement Orders Mrs. Damp questioned the Kozdra case. Community Development responded. Director of The city Manager said staff is looking into alleged Code Enforcement Board problems and will report back to City Council. Mayor Powell said he had distributed a citizen's statement to city Council submitted by Mr. Sturm. The City Attorney said the statement is not properly notarized and responded further relative to the content of the statement. He recommended that the city Council conduct a joint workshop with the Code Enforcement Board. The Director of Community Development said the next Code Enforcement Board meeting will be a workshop to look at any existing problems. MOTION by Oberbeck/Freeland I'm going to move that we receive item E of the consent agenda. ROLL CALL: Mayor Powell - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 7 Regular City Council Meeting April 14, 1993 Page Eight Item I - ~ndo Buildin~ Corporation - Specimen Tree Removal Andre Dorawa, Ando Building Corp., responded to question by Mr. Oberbeck on the location of the tree. MOTION by Oberbeck/Corum I'll move for approval of item I of the consent agenda. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Item J - Tozzolo Bros. - Specimen Tree Removal Wayne Tozzolo responded to Mr. Oberbeck's inquiry about the location of the subject tree. (survey copy was illegible) TAPE I - SIDE II (7:52 p.m.) MOTION by Oberbeck/Freeland I would move to approve item J specimen tree removal for Tozzolo Bros. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Item L - Easter Seal Society Golf Awards Banquet A brief discussion of fee waiver requests took place. The City Manager said that since this will be a future workshop item, a review of revenues derived from rentals can be conducted. Regular City Council Meeting April 14, 1993 Page Nine MOTION by Oberbeck/Powell I would move that we approve the request for fee waiver for the community Center for Century 21 Realty Easter Seal Society Golf Awards banquet on5/29/93. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 11. MAYOR AND CITY COUNCIL MATTERS A. Mrs. carolyn Corum None. B. Mrs. Norma Damp Mrs. Damp asked the public to include an address in letters so that Council members may respond, and commended staff on the employee newsletter. C. Mr. Robert Freeland Mr. Freeland inquired about future plans for bikepaths, to which the City Manager responded with an update on the current street improvement master plan. D. Mayor Lonnie R. Powell Mayor Powell discussed the letter received relative to streets. E. Vice-Mayor Frank Oberbeck Mr. Oberbeck reported on his attendance at today's MPO meeting; suggested that the Police Department cease delivery of agenda packets; inquired about the junior golf program; suggested staff look more thoroughly at the source of street light requests; read from magazine articles received by Council relative to matters relevant to the city. Regular City Council Meeting April 14, 1993 Page Ten The City Manager said staff will use its disretion in packet deliveries. Mayor Powell called recess at 8:18 p.m. and reconvened the meeting at 8:35 p.m. Ail members were present. 12. CITY ATTORNEY MATTERS 93.139 RESOLUTION NO. R-93-11 - Third Amendment to City Attorney Contract (City Attorney Letter dated 3/22/93, R-93-11, Third Amendment) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CITY ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO AN AMENDMENT TO THE EXISTING CONTRACTUAL SERVICE AGREEMENT WITH CHARLES IAN NASH FOR THE PURPOSES OF PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR THE EXTENSION OF THE EXISTING CONTRACTUAL SERVICE AGREEMENT BETWEEN THE CITY AND CHARLES IAN NASH; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-93-11 by title only. Mr. Freeland recommended that a comparative rate study be conducted prior to action on this item. Mrs. Damp noted salaries for Attorneys for Vero and Indian River County and said a review of the City Attorney's bills she had conducted indicated $57,260 for last year and $26,802 so far this year. The City Attorney responded to concerns and recommended that the item be continued to the next regular meeting if there are concerns so that a survey can be conducted. MOTION by Oberbeck/Damp I would move to postpone R-93-11 to a time certain. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye MOTION CARRIED 4-1. (Corum - nay) 10 Regular city Council Meeting April 14, 1993 Page Eleven 13. CITY MANAGER MATTERS 93.140/ A. 92.101 Contamination Assessment Report Addendum - Central Garage (Staff Recommendation dated 4/8/93, Transamerican Environmental (Envirx) Letters dated 3~17/93, Addendum) The City Engineer gave a brief update on the report and no action was required. 93.141 Discharge Report_- Washington Street Right-of-Way - 1200 Indian River Drive (Staff Recommendation dated 4/8/93, city Engineer Letter dated 4/6/93, HRS Letter dated 3/23/93, Discharge Report) The City Engineer gave a brief report on the required Contamination Assessment Report to ascertain the content and source of contamination. A brief discussion took place. MOTION by Oberbeck/Freeland I would move that we direct staff to seek bids from Contaminated Soil Specialists to prepare a limited CAR (Contaminated Assessment Report). ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 93.142/ 92.216 Wentworth Ditch - Electrical Line Relocation (Staff Recommendation dated 4/8/93, Davis Letter dated 4/2/93, FPL Cost Estimate) The City Engineer gave a brief report on indian River County's denial to fund the relocation of electric lines due to the question of lack of public purpose. TAPE II - SIDE I (8:55 p.m.) Mr. Freeland suggested that the city set up a meeting with Wentworth residents. 11 Regular City Council Meeting April 14, 1993 Page Twelve City Council discussion took place and it was the consensus of CoUncil that staff schedule a meeting with residents, FPL, IRC staff and city staff. 93.143 MPO Transportation Enhancement Project (Staff Recommendation dated 4/8~93~ Keating Memo dated 4/5/93 w/Attachmentj The City Engineer requested direction from City Council for staff to make application to include Indian River Drive on the list of projects. City Council concurred with the request. The City Manager requested direction on curb replacement or removal on Washington and Coolidge Streets. With the concurrence of Council, he said he will work with FDOT and bring back a report to Council on April 28, 1993.. 14. COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING AND ZONING COMMISSION 93.144 Recommend Amendment to Land Development Code - Accessory Structures (Staff Recommendation dated 4/1/93, R & Z Memo dated 3/18/93) MOTION by Damp/Corum I make a motion for the City Attorney to amend section 49 of Ordinance O-93-01 to add an exception to this section. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 15. OL__D BUSINESS 93.119 Yacht Club Dock Project (City Manager Recommendation dated 4/8/93, F_~ Letter dated 1/18/93, Agenda Transmittal dated 4/9/92, City Engineer Letter dated 3/18/92, Davis Memo dated 4/6/92, Riomar Plan dated 2/22/93) 12 Regular City Council Meeting April 14, 1993 Page Thirteen The City Manager gave a brief explanation of the proposed improvement and 230 foot proposed extension funded by Richard Fey, owner, Marker 68 Marina. City Council discussion followed. The City Manager recommended that if the city wants to allow the extension, it execute an agreement to make Mr. Fey responsible for any additional cost or future maintenance. The City Engineer said he will obtain comments from Riomar to address City Council concerns. It was the consensus of city Council to postpone this matter until it receives further information. 16. NEW BUSINESS 93.001/ 92.181 ae ORDINANCE NO. 0-93-08 - Airport Manager - Fixed Base Operator (City Manager Recommendation dated 4/8/93, 0-93-08) 1st Reading, Set Public Hearing for 5/12/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 22-29(a) OF THE CODE OF ORDINANCES TO PROVIDE THAT THE CURRENT AIRPORT MANAGER SHALL BE A FIXED BASE OPERATOR; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-93-08 by title only. TAPE II - SIDE I (9:45 p.m.) MOTION by Oberbeck/Freeland I would move that we approve the first reading of Ordinance No. 0-93-08 and set the public hearing for May 12, 1993. ROLL CALL: Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (Corum - nay) 13 Regular City Council Meeting April 14, 1993 Page Fourteen Mr. Oberbeck was excused from 9:46 p.m. to 9:48 p.m. 93.064 B. 93.145 Review Alternatives for Proposed Tree Protection Ordinance No. 0-93-06 (Staff Recommendation, 0-93-06) Patty Stachel, 1698 Coral Reef Street; Ralph Gruye, 238 Cedar Street; Gail Boardman, 650 Capon Terrace; Ann Manfred, 1750 Starfish Lane; Shirley Kilkelly, 950 Franciscan Avenue; all of Sebastian, addressed City Council. The City Attorney requested input from City Council on the options presented and then suggested he could meet with concerned citizens and other staff to draft the ordinance. Mr. Oberbeck chose options 7 and 3; Mr. Freeland said he didn't know enough about the matter or the alternative presented tonight; Mrs. Damp chose options 4, 5, 6 and 7, Mrs. Corum chose option 4 combined with 8; and Mayor Powell said he would like to set up a special meeting. Mr. Oberbeck suggested that the Brevard County ordinance be reviewed. It was the consensus of City Council to dedicate the first part of the May 5, 1993 workshop to the tree ordinance. Award Bid - Community Development Records Room - Randy Hines Construction, Inc. - $18,975 (Staff Recommendation dated 4/8/93, Bid Tabululation) MOTION by Oberbeck/Damp I would move that we approve the bid for Randy Hines Construction, Inc. in the amount of $18,975.00 for the addition to the Community Development Department. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 14 Regular city Council Meeting April 14, 1993 Page Fifteen 17. 18. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) Although there were people signed to speak and due to no motion to continue, Mayor Powell adjourned the meeting at 10:30 p.m. Approved at the ~ , 1993, City Council ~~~ ~J ~4~'~.~eeting· ! Kathry~ M. 0 f[~lloran, CMC/AAE City Clerk 15 0 0 0 0 0 i-~. I ~ n. 0 O0 O0 0 0 c~ 0 0 0 0 0 0 0 0 0 Visual Survey for Lot BK Sub Caliper of existing trees over 4 inches 8"-11" 12"-15" 16"-19" 20"-25" 26"-30" Over 30" Subtotal by Columns 5x = 9x = 13x = 17x = 22x = 28x = *To be accomplished by eyeball measurement - this is not intended to require a site survey with exact tree locations.