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HomeMy WebLinkAbout05221994 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 22, 1994 - 7:00 EM. 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 3. INVOCATION - No One Available 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 94. 174 94. 175 94.119/ 93.245 94.176 94.177 7. PUBLIC HEARING~ FINAL ACTION None. 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) 9. 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. A. Approval of Minutes - 6/8/94 Regular Meeting RESOLUTION NO. R-94-35 - Vacation of Easement (city Clerk Transmittal dated 6/15/94, R-94-35, Application, Survey, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH FIVE FEET OF LOT 4 AND THE SOUTH FIVE FEET OF LOT 5, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 16, SEBASTIAN HIGHLANDS UNIT 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-14, 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. Waive Building Permit Fees for Saint Sebastian Catholic Church (Director of Community Development Transmittal dated 6/10/94, SanGiovanni Letter dated 6/3/94) Bid Award - City Hall Window Replacement - Capp Custom Builders - $70,063.75 (Director of Community Development Transmittal dated 6/15/94, Bid Tabulation, Bid Specifications) Receive Code Enforcement Affidavits and Orders - Sturm, Malone, Holland Request Use of Community Center - Hullen Wedding Reception - 7/16/94 - 4 p.m. to 8 p.m. - A/B - Permittee DOB 12/30/45 - Security Paid (city Clerk Transmittal dated 6/13/94, Application) 94.140 94.178 10. 11. 12. PRESENTATIONS - None COMMITTEE REPORTS~RECOMMENDATIONS OLD BUSINESS ORDINANCE NO. 0-94-07 - Chapter 94 - Public Service Tax - 2nd Draft (City Manager Transmittal dated 6/16/94, Revised 0-94-07) 1st Reading, Set Public Hearing for 7/27/94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE PUBLIC SERVICE TAX LEVIED PURSUANT TO CHAPTER 94, ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 94-26 PERTAINING TO THE LEVY OF THE PUBLIC SERVICE TAX; AMENDING SECTION 94-28 PERTAINING TO COLLECTION BY SELLER; MONTHLY REPORTS; DELINQUENCIES; AMENDING SECTION 94-29 PERTAINING TO RECORD OF SALES BY SELLER; EXAMINATION BY CITY; AMENDING SECTION 94-30 PERTAINING TO TAX APPLICABLE FOR LOCAL TELEPHONE SERVICE; METERED SALES OF GAS, ETC.; AMENDING SECTION 94-31 PERTAINING TO COMPUTATION OF TAX; 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. 13. NEW BUSINESS Shortlist city Attorney Proposals (City Clerk Transmittal dated 6/16/94, Proposals Previously Distributed) 14. MAYOR AND CITY COUNCIL MATTERS A. Mayor Arthur Firtion B. Vice-Mayor Carolyn Corum C. Mrs. Norma Damp D. Mr. Robert Freeland E. Mr. Frank Oberbeck 3 15. 16. 17. CITY ATTORNEY MATTERS CITY MANAGER MATTERS 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. 4 PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET JUNE 22, 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. Speakers will address City Council immediately prior to the deliberation of the item by the City Council (R-93-19) ITEM NO.: SUBJECT : ~-~ Lu2~ NAME : ADDRESS : ITEM NO.: SUBJECT : ~i-~P /~ NAME : ADDRESS : ITEM NO.: SUBJECT: NAME : ADDRESS : NAME ADDRESS ITEM NO.: NAME : ADDRESS : ITEM NO.: SUBJECT : ADDRESS : ? ~ if iT~.~, NO.~ ?¢,/~ SUBJECT : /~Z~ ? NAME : ADDRESS : ITEM NO.: SUBJECT : ITEM 8. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SiGNUP SHEET JUNE 22, 1994 REGULAR CITY COUNCIL MEETING (Use this form ONLY for presentation of NEW matters NOT on the prepared agenda. NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 22, 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) Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. No one was available for 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 Deputy City Clerk, Sally Maio Regular City Council Meeting June 22, 1994 Page Two 94.174 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. 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) Wally Kramer, 9606 Mockingbird Lane, Micco, discussed the proposed tax cap petition and legislation, 9. 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. A. Approval of Minutes - 6/8/94 Regular Meeting RESOLUTION NO. R-94-35 - Vacation of Easement (City Clerk Transmittal dated 6/15/94, R-94-35, Application, Survey, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH FIVE FEET OF LOT 4 AND THE SOUTH FIVE FEET OF LOT 5, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 16, SEBASTIAN HIGHLANDS UNIT 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-14, 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 June 22, 1994 Page Three 94.175 C. 94.119/ D. 93.245 94.176 E. 94.177 F. Waive Building Permit Fees for Saint Sebastian Catholic Church (Director of Community Development Transmittal dated 6/10/94, SanGiovanni Letter dated 6/3/94) Bid Award - City Hall Window Replacement - Capp Custom Builders - $70,063.75 (Director of Community Development Transmittal dated 6/15/94, Bid Tabulation, Bid Specifications) Receive Code Enforcement Affidavits and Orders - Sturm, Malone, Holland Request Use of Community Center - Hullen Wedding Reception - 7/16/94 - 4 p.m. to 8 p.m. - A/B - Permittee DOB 12/30/45 - Security Paid (City Clerk Transmittal dated 6/13/94, Application) The City Manager read the Consent Agenda in its entirety. The City Attorney read Resolution No. R-94-35 by title only. The City Manager reported relative to item D, that the low bidder has withdrawn his bid for city Hall window replacement and recommended that the bid be rejected and the project readvertised. MOTION by Oberbeck/Damp I would move for the withdrawal of item D 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 The city Attorney recommended the removal of item C relative to waiver of building permit fees for the St. Sebastian Church stating it is not appropriate to waive fees for a particular type of organization. Mr. oberbeck recommended a fifty percent reduction of building permit fee waivers for all non-profit organizations starting October 1, 1994. Regular City Council Meeting June 22, 1994 Page Four MOTION by Corum I make a motion that we deny waiving the building permit fees for St. Sebastian Catholic Church and all others from now on. MOTION died for lack of a second. The city Attorney directed City Council on correct procedures for the Consent Agenda. Mrs. Corum removed item C for discussion. MOTION by Corum/Oberbeck I make a motion Council approves A, B, E and F 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 MOTION by Corum/Damp i make a motion that Council denies the waiving of the building permit fees for the St. Sebastian Church in the amount of $5,733.38. 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/Freeland I would move that we approve item C of the consent agenda waiving the building permit fee for St. Sebastian Catholic Church. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-1 (Corum - nay) 4 Regular City Council Meeting June 22, 1994 Page Five Sal Neglia, 461 Georgia Boulevard, Sebastian, asked why the 4th of July Committee receives free use of city facilities while other groups will be required to pay. 10. PRESENTATIONS None. 11. COMMITTEE REPORTS/RECOMMENDATIONS None. 12. OLD BUSINESS 94. 140 ORDINANCE NO. 0-94-07 - Chapter 94 - Public Service Tax - 2nd Draft (City Manager Transmittal dated 6/16/94, Revised 0-94-07) 1st Reading, Set Public Hearing for 7/27/94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE PUBLIC SERVICE TAX LEVIED PURSUANT TO CHAPTER 94, ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 94-26 PERTAINING TO THE LEVY OF THE PUBLIC SERVICE TAX; AMENDING SECTION 94-28 PERTAINING TO COLLECTION BY SELLER; MONTHLY REPORTS; DELINQUENCIES; AMENDING SECTION 94-29 PERTAINING TO RECORD OF SALES BY SELLER; EXAMINATION BY CITY; AMENDING SECTION 94-30 PERTAINING TO TAX APPLICABLE FOR LOCAL TELEPHONE SERVICE; METERED SALES OF GAS, ETC.; AMENDING SECTION 94-31 PERTAINING TO COMPUTATION OF TAX; 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. 0-94-07 by title only. Sal Neglia, 461 Georgia Boulevard; Richard Meikeljohn, 1042 West Lake View Drive; Harry Thomas, 654 Balboa Street; Thomas Wojciekowski, 425 Peterson Street; Ruth Sullivan, 1215 Indian River Drive; Herbert Munsart, 1464 Seahouse Street; Keith Miller, 961 Riviera Avenue; all of Sebastian, addressed City Council. 5 Regular City Council Meeting June 22, 1994 Page six TAPE I - SIDE II (7:48 p.m.) The City Attorney explained that this ordinance was brought to City Council because it was determined by staff that the $2.50 cap is in conflict with the Golf Course bond covenant. He recommended that an opinion be obtained from bond counsel to ascertain what options are available. The City Manager further explained the requirements of the bond covenant, said utilities have been contacted to ascertain revenues to determine an appropriate percentage, and recommended levying a tax of 4.5 percent. A lengthy City Council discussion followed. Mr. Oberbeck was excused from 8:05 p.m. to 8:07 p.m. City Council discussion continued. MOTION by Damp I move that we approve Ordinance No. 0-94-07 for a 3.5% charge and to set public hearing for 7/27/94. MOTION died for lack of a second. MOTION by Oberbeck/Freeland I'm going to move to defer this item until such time as we are approached by the bond holders. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (Damp - nay) Mayor Firtion called recess at 8:15 p.m. and reconvened the meeting at 8:30 p.m. Ail members were present. Mr. Oberbeck recommended that the dead pine tree behind City Hall be removed. Regular City Council Meeting June 22, 1994 Page Seven 13. NEW BUSINESS 94.178 A. Shortlist city Attorney Proposals (City Clerk Transmittal dated 6/16/94. Proposals Previously DistributedJ Following a brief discussion, three of the five law firms were selected for interview: - Frese, Nash & Torpy, P.A. -Gould, Cooksey, Fennell, Barkett, O'Neill & Marine, P.A. - Potter, McClelland, Marks & Healy, P.A. Mayor Firtion recommended interviews be scheduled for a Special Meeting on Saturday, July 9, 1994 at 9:00 a.m., with a decision to be made at the July 13, 1994 Regular Meeting. City Council concurred. 14. MAYOR AND CITY COUNCIL MATTERS A. Mayor Arthur Firtion Mayor Firtion requested volunteers for the pothole committee on behalf of its members; and reported that the first primary is Thursday, September 8, 1994 and urged people to come out and vote this year on behalf of the Supervisor of Elections. B. Vice-Mayor Carolyn Corum Mrs. Corum inquired about the Food Lion parking lot delivery trucks, to which the City Manager responded that he had distributed a memo to City Council stating there is no conflict with the LDC by parking in front although not in fire lanes; TAPE II - SIDE I (8:49 p.m.) and recommended revision of the city property map showing only park properties. C. Mrs. Norma Damp Mrs. Damp spoke on petitions and a resolution circulating relative to casino gambling. Mrs. Corum requested the resolution distributed to City Council be placed on the next agenda. 7 Regular city Council Meeting June 22, 1994 Page Eight D. Mr. Robert Freeland Mr. Freeland requested that saleable city properties be identified. E. Mr. Frank Oberbeck None. 15. CITY ATTORNEY MATTERS 16. The City Attorney reported on the decision in the Shuping vs. City of Sebastian case and sought direction on whether to appeal the decision. It was the consensus of City Council to direct the City Attorney to appeal. The City Attorney reported that a decision on the Fey/Gilliams case will be received any day and the Fischer case should come down within a couple of months. CITY MANAGER MATTERS The City Manager reported that Chief Petty had won another Police Olympics gold medal. The City Manager reported on his discussions with Indian River County regarding contracting for water connections and installation of meters to allow the city to provide service to the Riverfront area. He said the funding can be achieved by special assessment in the amount of $ .08 per square foot for an amount of $250,000.00 for properties abutting Indian River Drive. The City Attorney said, in his opinion, that mandatory water connection can be required for anyone who is a sewer customer. It was the consensus of City Council to direct the City Manager to pursue negotiations with the County. 8 Regular City Council Meeting June 22, 1994 Page Nine 17. Being no further business, Mayor Firtion adjourned the Regular Meeting at 9:30 p.m. Approved at the ~~ / ~ , 1994, City Council ~t~ /~ ~~.~ Arthur L. F irt ion, Mayor \ Kathry~ M. O'Hallor~, CMC/AAE City Clerk