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HomeMy WebLinkAbout07131944 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 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, FLOR[DA. Individuals shall address the CiO, Council with re.peet 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 meetin.g - limit of ten minutes per .speaker (R-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend C. Robert Merola, Jr. - St. Elizabeth 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 AND/OR ANNOUNCEMENTS 94. 187 94.185 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. Approval of Minutes - 6/22/94 Regular Meeting, 7/6/94 Workshop RESOLUTION NO. R-94-37 - Oppose Casino Gambling (City Clerk Transmittal dated 7/7/94, R-94-37) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, OPPOSING CASINO TYPE GAMBLING IN THE STATE OF FLORIDA; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-94-38 - Bailey Drive Ramp Open Hours (City Clerk Transmittal dated 7/7/94, R-94-38) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR HOURS OF OPERATION FOR THE BAILEY DRIVE BOAT RAMP; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 94.184 94.190/ 93. 145 94. 191 94.192 94.193 94.194 RESOLUTION NO. R-94-39 - Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery (City Clerk Transmittal dated 7/7/94, R-94-39, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PARTICIPATION IN THE STATEWiDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RECOVERY AND RESPONSE AS APPROVED BY THE INDIAN RIVER COUNTY BOARD OF COMMISSIONERS IN ACCORDANCE WITH CHAPTER 252, FLORIDA STATUTES; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, THE STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY; DESIGNATING THE CITY MANAGER AS THE CITY OF SEBASTIAN "AUTHORIZED REPRESENTATIVE"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABiLiTY; AND PROVIDING FOR AN EFFECTIVE DATE. Bid Waiver - Community Development Mobile Shelves - Completion of File Shelf System - Pipp Mobile Systems - International Group Marketing - $4,601.00 (Director of Community Development Transmittal dated 6/13/94, Quote, 4/94 Operating Statement) Bid Waiver - Public Works - Ford F350 Pickup Truck - State Contract Price - Prestige Ford of Eustis - $14,631.00 (City Engineer Transmittal dated 7/7/94, Spec Sheet) Ameron Homes, Inc. - Specimen Tree Removal Request - Lot 3, Block 180, Unit 8, Sebastian Highlands - One Oak (Director of Community Development Transmittal dated 7/6/94, Application and Survey) community Center - Woods Wedding Reception - 7/23/94 - 2 p.m. to 8 p.m. - A/B (City Clerk Transmittal dated 6/29/94, Application) GFWC Sebastian River Junior Woman's Club - Riverview Park - 9/24/94 (w/9/25/94 Raindate) - Community Service Day - Standard Conditions (Director of Community Development Transmittal dated 6/30/94, Derrick Letter dated 5/23/94) 94.195 94.178 94.196 94.197 10. 11. 12. 13. Sebastian First Church of the Nazarene - Riverview Park - 8/20/94 - Family Day - 10 am to 4 pm - Use of Electricity - Use of Bleachers w/ Reimbursement for Employee Time and Equipment - Standard Conditions (Director of Community Development Transmittal dated 6/28/94, Eby Letter dated 6/24/94) PRESENTATIONS COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS NEW BUSINESS A. City Attorney Selection (No Backup) Be City Bid Review Committee Recommendation Re: Consulting Engineers for Airport Runways and Land Acquisition/Tenant Relocation - Approve Ranking and Authorize City Manager to Begin Negotiations (City Manager Recommendation dated 7/7/94) RESOLUTION NO. R-94-36 - Support Downdrift Coalition - Beach Preservation (city Clerk Transmittal dated 7/7/94, R-94-36, Tomasello Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING EFFORTS TO SECURE COMPLIANCE WITH FLORIDA LAW WITH RESPECT TO BEACH PRESERVATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROViDiNG FOR AN EFFECTIVE DATE. 14. CITY COUNCIL MATTERS A. Mrs. Norma Damp B. Mr. Robert Freeland C. Mr. Frank Oberbeck D. Mayor Arthur Firtion E. Vice-Mayor Carolyn Corum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se 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) NAME : ADDRESS : ITEM NO.: SUBJECT : NAME : ADDRESS : ITEM NO.: SUBJECT : NAME : ADDRESS : ITEM NO.: SUBJECT : NAME : ADDRESS : ITEM NO.: SUBJECT : ITEM 8. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGNUP SHEET JULY 13, 1994 REGULAR CITY COUNCIL MEETING (Use this form ONLY for presentation of NEW matters NOT on the prepared agenda. ADDRESS: /.6'/ /r~/~.~, W'~, i-'- NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: BOARD OF ADJUSTMENT PUBLIC INPUT SIGNUP SHEET JULY 13, 1994 James and Nancy Paterson - In Regards to Lot 30~ Block 272L Sebastian Highlands Unit 10 is Requesting ~ Variance from Section 20A-3.4(D) (6) (b) of the Land Development Code to Allow a Nine Foot, Two and Three-Quarter Inch (9.23') Side Yard Setback, Whereas the Code Requires a Ten Foot Side Yard Setback NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : BOARD OF ADJUSTMENT PUBLIC INPUT SIGNUP SHEET JULY 13, 1994 Christ the Kinq Lutheran Church, In Regards to 1301 Fellsmere Road, is Requesting ~ Variance From Section 20A-15.7(A) (3) o__f the Land Development Code to Construct a Siqn Approximately 5--0 Square Feet in Size, Whereas the Code Allows ~ Maximum of 20 Square Feet in Size. NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CiTY COUNCIL REGULAR MEETING WEDNESDAY, JULY 13, 1994 - 7:00 P.M. CITY COUNCIL CItAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED iN Tile OFFICE OF THE CITY CLERK, CITY HALL, 1.225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Ctmncil with respect to agenda items immediately prior to deliberation ~¢' the item by the CiO, Cotmcil if they have signed the sign-up sheet provided prior to the meetin~ - 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. A moment of silence was conducted for Burt and Joy Snell and the invocation was given by Reverend C. Robert Merola, Jr., St. Elizabeth Episcopal 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 Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran Assistant City Attorney, Richard Torpy Director of Community Development, Bruce Cooper Deputy city Clerk, Sally Maio Regular City Council Meeting July 13, 1994 Page Two 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). Mr. Oberbeck requested placement of an item on the agenda relative to a request for use of Riverview Park. MOTION by Freeland/Corum I move to allow Mr. Oberbeck to place that item on the agenda, under his matters. ROLL CALL: Mrs. Corum - nay Roll Call was discontinued and MOTION FAILED since unanimous consent is required. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS None. 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) Ray Halloran, 754 Fischer Circle, Sebastian, spoke on the public service tax. 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 - 6/22/94 Regular Meeting, 7/6/94 Workshop Regular City Council Meeting July 13, 1994 Page Three 94.187 B. 94.185 94.184 94.190/ 93. 145 RESOLUTION NO. R-94-37 - Oppose Casino Gambling (City Clerk Transmittal dated 7/7/94, R-94-37) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, OPPOSING CASINO TYPE GAMBLING IN THE STATE OF FLORIDA; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-94-38 - Bailey Drive Ramp Open Hours (City Clerk Transmittal dated 7/7/94, R-94-38) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR HOURS OF OPERATION FOR THE BAILEY DRIVE BOAT RAMP; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-94-39 - Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery (City Clerk Transmittal dated 7/7/94, R-94-39, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PARTICIPATION IN THE STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RECOVERY AND RESPONSE AS APPROVED BY THE INDIAN RIVER COUNTY BOARD OF COMMISSIONERS IN ACCORDANCE WITH CHAPTER 252, FLORIDA STATUTES; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, THE STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY; DESIGNATING THE CITY MANAGER AS THE CITY OF SEBASTIAN "AUTHORIZED REPRESENTATIVE"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Bid Waiver - Community Development Mobile Shelves - Completion of File Shelf System - Pipp Mobile Systems - International Group Marketing - $4,601.00 (Director of Community Development Transmittal dated 6/13/94, Quote, 4/94 Operating Statement) Regular city Council Meeting July 13, 1994 Page Four 94. 191 F. 94.192 G. 94.193 H. 94.194 I. 94.195 J. Bid Waiver - Public Works - Ford F350 Pickup Truck - State Contract Price - Prestige Ford of Eustis - $14,631.00 (City Engineer Transmittal dated 7/7/94, Spec Sheet) Ameron Homes, Inc. - Specimen Tree Removal Request - Lot 3, Block 180, Unit 8, Sebastian Highlands - One Oak (Director of Community Development Transmittal dated 7/6/94, Application and Survey) Community Center - Woods Wedding Reception - 7/23/94 - 2 p.m. to $ p.m. - A/B (City Clerk Transmittal dated 6/29/94, Application) GFWC Sebastian River Junior Woman's Club - Riverview Park - 9/24/94 (w/9/25/94 Raindate) - Community Service Day - Standard Conditions (Director of Community Development Transmittal dated 6/30/94, Derrick Letter dated 5/23/94) Sebastian First Church of the Nazarene - Riverview Park - 8/20/94 - Family Day - 10 am to 4 pm - Use of Electricity - Use of Bleachers w/ Reimbursement for Employee Time and Equipment - Standard Conditions (Director of Community Development Transmittal dated 6/28/94, Eby Letter dated 6/24/94) The City Manager read the consent agenda in its entirety and the City Attorney read Resolution Nos. R-94-37, R-94-38 and R-94-39, by titles only. Vice Mayor Corum removed item A and Mr. Oberbeck removed item B. MOTION by Corum/Freeland I make a motion to approve items C, D, E, F, G, H, i and J 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 Regular City Council Meeting July 13, 1994 Page Five 10. Item A Mrs. Corum referred to the July 6, 1994 minutes - page 15 of the agenda packet, noting that there are available funds for welcome signs in the Riverfront Line Item. MOTION by Corum/Freeland I move to approve item A of the consent agenda. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Item B - Resolution No. R-94-37 Mr. oberbeck requested a roll call vote on the Resolution. MOTION by Corum/Damp I move that Council approves Item B of the consent agenda Resolution R-94-37 to oppose casino gambling in the state of Florida. ROLL CALL: Mr. Oberbeck - nay Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-1 (Oberbeck - nay) PRESENTATIONS None. 11. COMMITTEE REPORTS~RECOMMENDATIONS None. 12. OLD BUSINESS None. 5 Regular City Council Meeting July 13, 1994 Page six 94.178 94.196 13. NEW BUSINESS A. city Attorney Selection (No Backup) MOTION by Freeland/Oberbeck I move we accept Mr. Torpy as city Attorney, Frese, Nash and Torpy. Mr. Oberbeck explained his reasons for wishing to retain the services of Frese, Nash and Torpy. ROLL CALL: Mayor Firtion - nay Mrs. Corum - nay Mrs. Damp - nay Mr. Freeland - aye Mr. oberbeck - aye MOTION FAILED 2-3 (Firtion, Corum, and Damp - nay) MOTION by Corum/Damp I make a motion for city Council to select Mr. McClelland from Melbourne for Sebastian City Attorney. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - nay Mr. Oberbeck - nay Mayor Firtion - aye MOTION CARRIED 3-2 (Freeland, Oberbeck - nay) city Bid Review Committee Recommendation Re: Consulting Engineers for Airport Runways and Land Acquisition/Tenant Relocation_- Approve Rankinq and Authorize City Manager t__Qo Begin Negotiations ~ Manager Recommendation dated 7/7/94) The City Manager briefly reiterated his recommendation relative to rank for airport engineers. MOTION by Damp/Corum I make a motion that Council requires each responding firm to make presentations and then rank the firms for contract negotiations. Regular City Council Meeting July 13, 1994 Page Seven 94.197 City Council discussion followed on the ranking by the Bid Review Committee. Mrs. Damp inquired why Williams, Hatfield and Stoner was ranked fourth and whether John Van Antwerp sitting on the committee was a conflict of interest. The City Manager explained the consultants' presentations, ranking criteria and negotiation procedures. ROLL CALL: Mrs. Damp - aye Mr. Freeland - nay Mr. Oberbeck - nay Mayor Firtion - nay Mrs. Corum - aye MOTION FAILED 2-3 (Freeland, oberbeck, Firtion - nay) MOTION by Oberbeck/Freeland I move to approve the suggestion as submitted to us by the City Manager with regard to the ranking. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - nay Mrs. Damp - nay MOTION CARRIED 3-2 (Corum, Damp - nay) RESOLUTION NO. R-94-36 - Support Downdrift Coalition - Beach Preservation (city Clerk Transmittal dated 7/7/94, R-94-36, Tomasello Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING EFFORTS TO SECURE COMPLIANCE WITH FLORIDA LAW WITH RESPECT TO BEACH PRESERVATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROViDiNG FOR AN EFFECTIVE DATE. Mr. Oberbeck was excused from 7:38 p.m. to 7:40 p.m. Bob Bruce, Downdrift Coalition, Inc., urged City Council support. 7 Regular City Council Meeting July 13, 1994 Page Eight 14. The Resolution was read by title only by the City Attorney. MOTION by Corum/Damp I move to support Resolution No. R-94-36 with a modification. MOTION amendment by Corum/Damp amend Page 2, Section 1 - 2nd paragraph to read: "The City Council supports efforts to renourish and restore the eroded beaches caused by the Sebastian Inlet". ROLL CALL: (amendment) Mr. Oberbeck - nay Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-1 (Oberbeck - nay) ROLL CALL: (main motion) Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 CITY COUNCIL MATTERS A. Mrs. Norma Damp None. B. Mr. Robert Freeland Mr. Freeland spoke on increased costs with the change of City Attorney. Regular city Council Meeting July 13, 1994 Page Nine C. Mr. Frank oberbeck Mr. Oberbeck suggested Lake Hardee Park refurbishment and possibly lights, and updated the public on the Burt and Joy Snell accident. TAPE I - SIDE II (7:52 p.m.) D. Mavor Arthur Firtion None. E. Vice-Mayor Carolyn Corum Vice Mayor Corum invited people to attend a candidates forum at the North County Library on July 28, 1994; suggested planting wild flower seeds in lieu of paying for certain mowing services, and urged placement of a proposed ordinance regarding an administrative hearing board. 15. CITY ATTORNEY MATTERS The Assistant city Attorney advised that the Nash contract expires August 1, which should give sufficient time for transfer, and inquired about the wishes of City Council relative to ongoing litigation. MOTION by Oberbeck/Freeland I would move to approve the firm of Torpy, Nash and Frese to continue handling the case involving two current Council Members and the former Mayor. ROLL CALL: Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 4-1 (Corum Nay) Discussion took place on the current appeal regarding the Shuping lawsuit. Regular City Council Meeting July 13, 1994 Page Ten MOTION by Freeland/Oberbeck I move that we allow the firm of Frese, Nash and Torpy to finish the litigation that there is currently pending. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 The Assistant City Attorney said he had enjoyed working with city Council and wished them well with Mr. McClelland. 16. CITY MANAGER MATTERS 17. Being no further business, Mayor Firtion adjourned the Regular Meeting at 8:15 p.m. Approved at the ~C~ ~7 , 1994, City Council Arthur L. Firtion, Mayor Kathgyn M.,.~ Halloran,' City Clerk 10