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Home My WebLink About07241996 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, JULY 24, 1996- 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a workshop, unless provided in the meeting call (in accordance with R-95-33) 1. CALL TO ORDER 2. PI~DGE OF ALLEGIANCE 3. ROLL CALL 4. WORKSHOP ITEMS 96.129 A. Resolution No. R-95-33 - City Council Procedures (Excerpt ofR-95-33) 96.150/ 95.125 Resolution No. R-95-39 - Quasi-Judicial Procedures (Excerpt ofR-95-39, F.S. 286.0115) 96.151 C. Telecommunications Act Overview (Feld Letter 7/17/96) 4. ADJOUR4N ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE B Y THE CITY COUNCIL WITH RESPECT TO ANYMATTER 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 WITIt DIS'ABILITIES 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. City of SebaStian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, JULY 24, 1996- 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a workshop, unless provided in the meeting call (in with R-95-33) 1. Mayor Cartwright called the workshop to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL. CALL City. Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka accordance StaffPresent: City Manager, Thomas Frame City Attorney, Valerie Settles Deputy City Clerk, Sally Maio Information Specialist, Ann Rousseau City Council Workshop July 24, 1996 Page Two 96.129 96.150/ 95.125 WORKSHOP ITEMS A. Resolution l~o, R-95-33 - City Council Procedures (Excerpt ofR-95-3;3) Mayor Cartwright recommended, at the suggestion of Harry Thomas, moving quasi-judicial hearings from regular meetings to the first or third Wednesdays of the month when needed and recommended this going into effect by October 1. It was decided that a first reading of a rezoning or land use would be held at a regular meeting. Following a brief City Council discussion, the City Manager said he would report back on the advertising time requirements for different types of quasi-judicial matters. Mayor Cartwright recommended moving workshop start times to 6:00 p.m. Mr. Halloran suggested changing the time of meetings to 5:30 to 9:00 p.m. City Council discussion followed and it was decided that a 6:00 p.m. start time was more appropriate. Mayor Cartwright suggested setting a regular meeting stop time of 10:00 p.m. with one automatic half hour extension if approved as required. Following City Council discussion, it was decided to set the regular stop time to 9:30 p.m. if regular meetings start at 6:00 p.m. and 10:30 if regular meetings start at 7:00 p.m. due to a workshop being held at 6:00 p.m. Mr. Halloran suggesting adding that all unfinished agenda items are carded to the beginning of the next regular meeting agenda. City Council concurred. It was the consensus of City Council to keep public input at ten minutes. It was the consensus of City Council that a majority rather than unanimous vote be required for extension of regular meetings. Resolution/qQ, R-95-39 - Quasi-Judicial Proce~lures (Excerpt ofR-95-39, 286.0115) Mayor Cartwright noted that the City Attorney and City Planner prefer quasi- judicial procedures to be in the form of an ordinance and suggested that the procedures be relative to all boards. The City Attorney gave a brief presentation on an amendment to FS 286 relative to testimony on land use matters by people who are not parties or party intervenors. 2 City Council Workshop July 24, 1996 Page Three She said those people are not required to be sworn in or subject to cross examination. She also explained that the legislature also passed a provision that in quasi-judicial proceedings on land use matters, a person may not be precluded fi.om communicating directly with a member of a decision making body by application of ex-pane communications prohibitions. She recommended that Council members continue to disclose ex-parte communication at this time and that all people testifying be sworn in although not be subject to cross examination. Mayor Cartwright suggested that the information testimony section of the procedures be at the front of the hearing procedures. The City Attorney and City Council concurred. City Council directed the City Attorney to draft a new ordinance relative to quasi- judicial proceedings for land use matters and to redraft the current procedures into ordinance form. The City Attorney said she could make ex-parte communication a subject of a future workshop and will provide further information. 96.151 C. Telecommunications Act Overview ffel.ql Letter 7/17/96) The City Attorney discussed the procedures for informal and formal proceedings in determining whether or not the City wants to establish or renew a franchise. She said in formal proceedings technical and financial audits are conducted and consumer evaluations are prepared, but in informal proceedings, the authority negotiates a franchise agreement with the company. She said she and the City Manager had reviewed a draft franchise agreement from Falcon in light of the pending expiration of the franchise with the City and that she was drafting a revised agreement and ordinance to send back to Falcon. TAPE I - S~DE II (6:48 p.m.) She requested input from City Council on which route it wished to take, noting that formal procedures would require hiring an outside firm, and, whether City Council wants to grant an extension of the current franchise while it reviews its options. City Council Workshop July 24, 1996 Page Four The City Manager noted that he will be requesting addition to the agenda of an item to schedule workshops, two of which will be public forums on cable. The City Attorney said the City Manager had received a rate increase notice from Falcon and that the second issue to be addressed was whether or not the City wanted to be active in the rate regulation process, noting that the City does have the ability since it has been certified. Vice Mayor Barnes asked if other companies had ever been solicited and the City Manager noted that the current franchise is non-exclusive. Vice Mayor Barnes said it might be worth a try to ascertain whether anyone else might want to come in. The City Attorney said these issues are time critical and following City Council discussion, it was decided that the issues of formal or informal proceedings and rate regulation would be added to the regular meeting agenda at that time. Approved at the/~~ Being no further business, Mayor Cartwright adjourned the workshop at 7:13 City Clerk ,1996, Regular City Council Meeting. Louise R. Cartwright Mayor 4 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 24, 1996 7:00 P.M. OR SOON THEREAFTER CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK - 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-DS-33) 1. 2. 3. 4. 5. 96.152 96.153 96.154 96.155 CALL TO ORDER PLEDGE OF ALI~I~GIANCE INVOCATION - No One Available RQLL CALL AGENDA MODIFICATIONS (ADDIT]ON_S AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-3 3) PROCLAMATIONS A~P/OR ANNOUNCEMENT.~ Fellsmere Mayor Bob Baker Presentation of Election Plaque Presentation of Certificate - Employee of the 2nd Quarter 1996 Presentation of Certificate- Sergeant Scott Sherbrooke Presentation of Plaque - Louis Nicolini - Code Enforcement Board 6/90 through 6/96 7. QUASI-,IiJD!CIAi.~ I~].i_BJ~!C HEARING. FINAL ACTION 96.145 Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39): Mayor Opens Hearing-Outlines Rules City Attorney reads Ordinance or Resolution (if Applicable) Clerk Administers Oath Disclosure of Ex-Parte Communication Staff Presentation Applicant Presentation - 15 Minutes Inquiry of Applicant Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Proponents Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Opponents Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More Closing of Public Informational Period Staff Response and Summary - 10 Minutes Applicant's Rebuttal Presentation - 10 Minutes Board and Staff Inquiry Hyatt Rezoning - CL to IN - Conduct Public Hearing.aM Adopt Ordinance No. O-96-13 {Community Development Transmittal 7/2/96, 0-96-13, Application for Rezoning, Area Map, StaffReport, P & Z Recomrnendatiot0 ORDINANCE NO. 0-96-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY DESCRIBED AS THAT PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING WEST OF THE WEST RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILRO~, LESS AND EXCEPT THE FOLLOWING TWO PARCELS: THE NORTH 6.5 ACRES OF THE NE 1/4 OF THE SE 1/4 AND THE SOUTH 150 FEET THEREOF, COMPRISED OF 8.23 ACRES, MORE OR LESS, FROM CL (COMMERCIAL LIMITED) TO IN (INDUSTRIAL), PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (lst Reading 6/26/96, Advertised 6/29/96, Readvertised 7/13/96, PH 7/24/96) 2 96.045 PUBLIC HEARING, F~L ACTION The normal order of business for public hearings' (R-95-33) 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 City Council Ceatro, lized Pr.clcurement System for Acquisition of Goods and Services - Conduct Public Hearing and Adopt Ordinance No. 0-96-10 With Revised l~ffgctive Date l~Cily Manager Transmittal 7/18/96. Q-9(3-10 w/l~e,.vi~ion_to Page 25 - Effective Date 10 Days Rather than 30) ORDINAL'qCE NO. O-96-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING AND PROVIDING FOR A CENTRALIZED PROCUREMENT SYSTEM FOR THE ACQUISITION OF GOODS AND SERVICES FOR THE CITY OF SEBASTIAN; ESTABLISHING A PURCHASING AND BIDDING POLICY; PROVIDING FOR SEALED COMPETITIVE BIDDING ON PROCUREMENT IN EXCESS OF $5,000.00; PROVIDING FOR OTHER METHODS OF COMPETITIVE BIDDING ON PURCHASES UNDER $5,000.00; PROVIDING EXCEPTIONS; PROVIDING FOR THE LIMITS AND DELEGATION OF PURCHASING AUTHORITY; PROVIDING FOR THE ESTABLISHMENT OF ADMINISTRATIVE GUIDELINES FOR PURCHASING PROCEDURES KNOWN AS THE "PURCHASING MANUAL"; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES, RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN CITY OF SEBASTIAN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 6/26/96, Advertised 7/10/96, PH 7/24/96) 96.148 96.049 96.156 96.025 96.157 96.158 96.159 CONSENT AGENDA All 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 - 6/19/96 Special Meeting, 6/26/96 Regular Meeting B. Approval of Minutes - 4/10/96 Board of Adjustment Meeting Co Bid Waiver - Approve Purchase of Two Computers for Finance and PW/Engineering Gateway 2000 - Piggyback Florida State University Computer Contract - $4,346 (Finance Department Transmittal 7/2/96, Gateway 2000 Quotes) Bid Waiver - Contractor to Provide Shoreline Vegetation Plan - Stabilization Project - Ecoshores, Inc. - $4,000 Funded by SWIM (City Manager Transmittal 7/11/96, Smithson Letter 7/1/96, Contract Budget, Project Description) Bid Waiver - Renewal of Annual Golf Software Maintenance and Support Service - Computer Golf Software - $2,100.00 (Purchasing Transmittal 7/17/96, Cerjan Memo 7/16/96, Agreement) Bid/Contract Award Glentry-Concha Basin Improvement Bids - Lowest Complying Bidder - C.R. McLellan, Inc. - With Bid Alternate #2 (Reinforced Concrete Pipe) - $84,069.00 (City Manager Transmittal 7/18/96, Craven Thompson Recommendation, Bid Tabulation) Go Interdepartmental Transfer Request - Undistributed Non-Departmental to Legal - $11,640 to Cover 95/96 Fiscal Year Expenditures (City Manager Transmittal 7/18/96, Finance Director Memo 7/18/96) GFWC Sebastian River Junior Woman's Club - 4th Annual "Arts & Crafts in the Park" - Request Use of Riverview Park - 11/30/96 (12/1/96 Raindate) - 7:00 am to 5:30 pm - Use of Electricity (City Clerk Transmittal 7/9/96, Ihnen Letter 7/2/96) Smith Wedding Reception - Request Community Center - 8/10/96 - 4:30 p.m. to 8:30 p.m. - A/B - Security Paid (City Clerk Transmittal 7/16/96, Application) 4 10. PRESENTATIONS - None 96.160 96.149 11. COMMITTEE R, EPORTS/RECO MMENDA~IONS A. CONSTRUCTION BOARI~ 1. Accept Resignation of Harold Smith (Community Development Transmittal 7/16/96, Smith Letter 6/24/96) TREE ADVISORYBOARD 1. Direct Tree Advisory Board to Proceed with Proposed Work Plan for FY 96/97 (Community Development Transmittal 7/2/96, Sec. 20A-14.16 LDC, Proposed Work Plan for FY 96/97) 96.161 96.079 12. OLD BUSINESS Complaints Regarding ATV's and Orange Grove Traffic (City Manager Transmittal 7/18/96, Votapka Memo 7/17/96) Amend 1996/97 Fiscal Year Budget Calendar - Move First Public Hearing Date to September 5, 1996 and Determine Times for Workshops (City Manager Transmittal 7/17/96, Amended Calendar) 96.126 13. NEW BUSLNF~; First Reading - Set Public Hearing on 8/28/96 for Ordinance No. 0-96-14 - Standard Cod~ of Southern Building Cod~ Congre~ Ir~ternafio~at, !o~, aM2'tatiQnal Fire Protection Association Community Development Transmittal 7/2/96, O-96-14) ORDINANCE NO. O-96-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 26 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "BUILDINGS AND BUILDING REGULATIONS" BY ADOPTING AND AMENDING CERTAIN STANDARD CODES OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL. INC. AND OF THE NATIONAL FIRE PROTECTION ASSOCIATION; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 96.126 96.098 96.110 First Reading - Set Publi~ I-ICarJllg on 8/28/96 for Ordinance No. O-96-15 - Fir~ Prevention and Protection - Standard Fire Protection and Life Safety Codes (Community Developmerll Transmittal 7/2/96, 0-96-15) ORDINANCE NO. O-96-15 AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 42 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "FIRE PREVENTION AND PROTECTION" BY SUBSTITUTING LATER EDITIONS OF THE FIRE PROTECTION CODE OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. AND THE LIFE SAFETY CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION FOR THE EDITIONS PREVIOUSLY ADOPTED BY THE CITY COUNCIL; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Adopt Resolution No. R-96-50 Authorizirlg_Iho Mayor To Execute the Conceptual Approval Agreement and Sign the Confidentiality Agreement. (City Manager Transmittal 7/1/96, R~[at~d DeBlois Letter, Conceptual Approval Agreement, ~9rlfi~tentiality Agreement, R-96-50, Locaticm Map) RESOLUTIOS ixJO, R-96-50 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND THE CITY ATTORNEY TO ACCEPT AS TO FORM AND LEGAL SUFFICIENCY, ON BEHALF OF THE CITY, AN AGREEMENT AMONG, FLORIDA COMMUNITIES TRUST, THE CITY OF SEBASTIAN, AND INDIAN RIVER COUNTY, THAT AGREEMENT BEING A CONCEPTUAL APPROVAL AGREEMENT AND A CONFIDENTIALITY AGREEMENT ON REAL PROPERTY KNOWN AS "AGC INDUSTRIAL TRACT SCRUB" PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt Resolution No. R-96-52 ~9rizing Mayor to Execute and City Clerk~ 3tte~t Master Professional Services Agreement with CRA Engineering, Inc. - (CommuniLv Development Transmittal 7/2/96, Agre{:met~t Under Separate Cover, R-96-52) RESOLUTION NO. R-96-52 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHOR/ZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST ON BEHALF OF THE CITY, A MASTER PROFESSIONAL SERVICES AGREEMENT BETWEEN CRA ENGINEERING, INC. AND THE CITY OF SEBASTIAN, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 6 14. INTRODUCTION OF NEW BUSINESS FROM TH];.I'UBLIC Which is not otherwise on the agenda - limit often minutes for each speaker 15. CITY COUNCIL MATTERS Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka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yatt Rezoning - CL to IN AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY DESCRIBED AS THAT PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING WEST OF THE WEST RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILROAD, LESS AND EXCEPT THE FOLLOWING TWO PARCELS: THE NORTH 6.5 ACRES OF THE NE 1/4 OF THE SE 1/4 AND THE SOUTH 150 FEET THEREOF, COMPRISED OF 8.23 ACRES, MORE OR LESS, FROM CL (COMMERCIAL LIMITED) TO IN (INDUSTRIAL), PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (lst Reading 6/26/96, Advertised 6/29/96, Readvertised 7/13/96, PH 7/24/96)) : ' ..... ,., ,, :.j:,:,,; Name Address For Agio,~ / Information ................................................ .-...~ ..................................................... ~/~ss Against Information Name Address For Against Information PUBLIC HEARING SIGN-UP SHEET JULY 24, 1996 REGULAR MEETING 96.045 ORDINANCE NO. O-96-10 Procurement System for Acquisition of Goods and Servic~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING AND PROVIDING FOR A CENTRALIZED PROCUREMENT SYSTEM FOR THE ACQUISITION OF GOODS AND SERVICES FOR TIlE CITY OF SEBASTIAN; ESTABLISHING A PURCHASING AND BIDDING POLICY; PROVIDING FOR SEALED COMPETiTiVE BIDDING ON PROCUREMENT IN EXCESS OF $5,000.00; PROVIDiNG FOR OTHER METHODS OF COMPETITIVE BIDDING ON PURCHASES UNDER $5,000.00; PROVIDING EXCEPTIONS; PROVIDiNG FOR THE LIMITS AND DELEGATION OF PURCHASING AUTHORITY; PROVIDING FOR THE ESTABLISHMENT OF ADMINISTRATIVE GUIDELINES FOR PURCHASING PROCEDURES KNOWN AS THE "PURCHASING MANUAL"; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES, RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN CITY OF SEBASTIAN CODE;..AND PROVIDING FOR AN EFFECTIVE DATE. 6/26/96, Advertised 7/10/96, 7/24/96) Name Address For Information Name Address For Against Information Name Address For Against Information PUBLIC INPUT ON AGENDA ITEMS SIGN-UP SHEET JULY 24, 1996 REGULAR MEETING USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT FOR PUBLIC HEARINGS WHICH HA VE THEIR OWN SHEETS-TIME LIMIT OF 10 MINUTES PER SPEAKER Address: C ::~. \~ ~ ~,/~ Ag~e~mNo. andTitle: f6',/~6 '(~~ /~e_~ pT-6/ Agenda Item No. and Titl;: '7.' ' ;".'"' (" ,:`~ /Address: L// Agenda Item No. and Title:,/~, 0 2.~ Name: AddrleSs: ...... Agerida Item No. and Title: Salne: xJ Address: N~-~e: Ad&ess: Agenda Item No. and Title: INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET JULY 24, 1996 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEIK BUSINESS NOT OTHER iKISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Name: Address: ":' Subject: /Name: L r%0, P. ~ ii'5 ,/iadre~: 9 ~' a C ~%-e.-i Subject: Name; Subject: Name: / e"~' Address: Subject: dress: Subject: Name: Address: Subject: Address. Subject: 2 Name: Address: Subject: Name: Address: Subject: Name: Address: Subject: Same~ Address: Subject: Name~ Address: Subject: Name ~ Address: Subject: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MINUTES SEBASTiAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 24, 1996 CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK - 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 (~-95-~S) 1. Mayor Cartwright called the Regular Meeting to order at 7:28 p.m. 2. The Pledge of Allegiance was recited. 3. Mayor Cartwright requested a moment of silence for the victims of TWA Flight 800. 4. ROLL CALL City Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka Staff Present: City Manager, Thomas Frame City Attorney, Valerie Settles Deputy City Clerk, Sally Maio Information Specialist, Ann Rousseau City Council Meeting July 24, 1996 Page Two AGENDA MODIFICATIONS (ADDITIOI~.AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-33) Mayor Cartwright noted that the City Manager had an addition to the agenda relative to scheduling of workshops (see memo attached). MOTION by Cartwright/Halloran I move to add item 13E to tonight's agenda. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Mayor Cartwright said that an item had to be added regarding the cable franchise renewal. MOTION by Cartwright/Halloran I so move, 13 F. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 2 ORegular City Council Meeting July 24, 1996 Page Three 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 96.152 A. Fellsmcre Mayor Bob Baker Presentation of ElectionPlagu~ Mayor Bob Baker presented the election plaque to Mayor Cartwright in recognition of thc high voter turnout in Sebastian for the March 1996 election. 96.153 B. Presentation of Certificate - Employee of the 2nd Quarter 1996 Mr. Taracka presented the Employee of the Quarter Certificate to Chuck Geisz. 96.155 D. Presentation o£Plil~lU~ - Louis Ni~:olini - (2Qd~ Enforcement Board 6/90 through 6/96 Mayor Cartwright presented a plaque to Louis Nicolini for his six years on Code Enforcement. 96.154 C. Presentation of Certificate - Sergeant Scott Sherbrooke Acting Chief of Police Dave Puscher read a letter of commendation and Mayor Cartwright presented a Certificate of Appreciation to Sergeant Scott Sherbrooke for rescuing a baby from a locked vehicle on July 4, 1996. 3 _~juegular City Council Meeting ly 24, 1996 Page Three 96.145 QuAsi-JUDICIAL PUI~LIC HI~ARI~Gi FINAL ACTION Procedures for Quasi-Judicial Hearings as Follows ('In accordance with R-95-39): Mayor Opens Hearing-Outlines Rules · City Attorney reads Ordinance or Resolution (ifApplicable) ° Clerk Administers Oath ° Disclosure of Ex-Parte Communication ° Staff Presentation ° Applicant Presentation - 15 Minutes Inquiry of Applicant ° Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or More · Inquiry of Proponents · Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if Representing 5 or More ° Inquiry of Opponents · Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More Closing of Public Informational Period ° Staff Response and Summary - 10 Minutes ° Applicant's Rebuttal Presentation - 10 Minutes ° Board and Staff Inquiry [-tyalt.~riing - GL to IN - Conduct Public Hearing and Adopt Ordinance No. O-96-13 (Community Development Transmittal 7/2/96, 0-96-13, Appli~aljon foi l~e.g_Qrling. Area Map, StaffRepon, P & Z Recommendation) QgI)INANCE NO. O-96-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY DESCRIBED AS THAT PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYiNG WEST OF THE WEST RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILROAD, LESS AND EXCEPT THE FOLLOWING TWO PARCELS: THE NORTH 6.5 ACRES OF THE NE 1/4 OF THE SE 1/4 AND THE SOUTH 150 FEET THEREOF, COMPRISED OF 8.23 ACRES, MORE OR LESS, FROM CL (COMMERCIAL LIMITED) TO IN (INDUSTRIAL), PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDiNG AN EFFECTIVE DATE. (lst Reading 6/26/96, Advertised 6/29/96, Readvertised 7/13/96, PH 7/24/96) 4 Regular City Council Meeting 24, 1996 Page Four Mayor Cartwright opened the quasi-judicial public hearing at 7:38 p.m.; the City Attorney read Ordinance No. 0-96-13 by title only; and the Deputy City Clerk administered an oath to everyone who intended to offer testimony. There was no disclosure of ex-parte communication. The City Planner presented his report (see attached) and recommended approval. Joseph Shulke, 1249 Larkspur Street, Sebastian, representative for Nelson Hyatt, submitted one copy of zoning maps depicting other IN zoned areas on U.S. 1 and demonstrating that this proposed rezoning would be consistent with other industrial uses. The City Planner reiterated his recommendation for approval. Being no further testimony, Mayor Cartwright closed the hearing at 7:56 p.m. MOTION by Halloran/Taracka I move to adopt Ordinance 0-96-13. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 ]~UBLIC ~IEARING, FINAL ACTION The normal order of business for public hear#~gs (R-95-33) 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 City Council. [Regular City Council Meeting July 24, 1996 Page Six 96.045 A. Centralized Procurement System for Acquisition_ of G_og~ arg} ~,;erv_jq~ - ~9nduct Public Hearing and Adopt Ordinance No. 0-96-10 With Revised Effective Date (City Manager Transmittal 7/18/96, 0-96-10 w/Revision to Page 25 -£ffe tiYe Date !0 Days Rather than 30) ORDINANCE NO. 0-96-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING AND PROVIDING FOR A CENTRALIZED PROCUREMENT SYSTEM FOR THE ACQUISITION OF GOODS AND SERVICES FOR THE CITY OF SEBASTIAN; ESTABLISHING A PURCHASING AND BIDDING POLICY; PROVIDING FOR SEALED COMPETITIVE BIDDING ON PROCUREMENT IN EXCESS OF $5,000.00; PROVIDING FOR OTHER METHODS OF COMPETITIVE BIDDING ON PURCHASES UNDER $5,000.00; PROVIDING EXCEPTIONS; PROVIDING FOR THE LIMITS AND DELEGATION OF PURCHASING AUTHORITY; PROVIDING FOR THE ESTABLISHMENT OF ADMiNiSTRATIVE GUIDELINES FOR PURCHASING PROCEDURES KNOWN AS THE "PURCHASING MANUAL"; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES, RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN CITY OF SEBASTIAN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 6/26/96, Advertised 7/10/96, PH 7/24/96) Mayor Cartwright opened the public hearing at 7:57 p.m. and the City Attorney read Ordinance No. 0-96-10 by title only. The City Manager gave a brief presentation on the proposed procurement ordinance. Being no further input, Mayor Cartwright closed the hearing at 8:07 p.m. MOTION by Barnes/Halloran I'll make a motion to adopt Ordinance 0-96-10 with the revised effective date, the date would be ten days rather than thirty. Mayor Cartwright noted a typo on the amended page. The word "adoption" was missing. ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran MOTION CARRIED 5-0 - aye - aye - aye - aye 6 Regular City Council Meeting r 24, 1996 Page Seven 96.148 96.049 96.156 96.025 96.157 96.158 96.159 CONSENT AGEND& All 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 - 6/19/96 Special Meeting, 6/26/96 Regular Meeting B. Approval of Minutes - 4/10/96 Board of Adjustment Meeting Co Bid Waiver - Approve Purchase of Two Computers for Finance and PW/Engineering Gateway 2000 - Piggyback Florida State University Computer Contract - $4,346 (Finance Department Transmittal 7/2/96, Gateway 2000 Quotes) Bid Waiver - Contractor to Provide Shoreline Vegetation Plan - Stabilization Project - Ecoshores, Inc. - $4,000 Funded by SWIM (City Manager Transmittal 7/11/96, Smithson Letter 7/1/96, Contract Budget, Project Description) Eo Bid Waiver - Renewal of Annual Golf Software Maintenance and Support Service - Computer Golf Software - $2,100.00 (Purchasing Transmittal 7/17/96, Cerjan Memo 7/16/96, Agreement) Fo Bid/Contract Award Glentry-Concha Basin Improvement Bids - Lowest Complying Bidder - C.R. McLellan, Inc. - With Bid Alternate #2 (Reinforced Concrete Pipe) - $84,069.00 (City Manager Transmittal 7/18/96, Craven Thompson Recommendation, Bid Tabulation) Go Interdepartmental Transfer Request - Undistributed Non-Departmental to Legal - $11,640 to Cover 95/96 Fiscal Year Expenditures (City Manager Transmittal 7/18/96, Finance Director Memo 7/18/96) GFWC Sebastian River Junior Woman's Club - 4th Annual "Arts & Crafts in the Park" - Request Use of Riverview Park - 11/30/96 (12/1/96 Raindate) - 7:00 am to 5:30 pm - Use of Electricity (City Clerk Transmittal 7/9/96, Ihnen Letter 7/2/96) Smith Wedding Reception - Request Community Center - 8/10/96 - 4:30 p.m. to 8:30 p.m. - A/B ~ Security Paid (City Clerk Transmittal 7/16/96, Application) The City Manager read the consent agenda. ORegular City Council Meeting July 24, 1996 Page Eight Mayor Cartwright removed item F for Herbert Sturm and item G for the City Manager. Mrs. Damp also removed item F. MOTION by Halloran/Taracka I move to approve items A, B, C, D, E, H and I of the consent agenda. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 Item F - Gl~r~try-Corlcha Herbert Sturm, 549 Saunders Street, Sebastian, said it was his understanding that the driveways in the subject area do not have culverts, which he said is in violation of Article VI Drainage. TAPE I - SIDE II (8:13 p.m.) Mrs. Damp inquired why the second lowest bidder was recommended. John Hill, Craven Thompson, addressed City Council on the project and advised that it was the Dewatering Plan submitted by C.R. McLellan that influenced the decision. MOTION by Damp/Car[wright I move to accept number F from the consent agenda. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Regular City Council Meeting July 24, 1996 Page Nine Item O - Legal Funds The City Manager stated that on May 22, 1996 City Council authorized purchase ora laptop computer for the City Attorney from Vanstar in the amount of $2,798 through a state contract, however, the City had been unable to obtain the computer and had found a similar laptop at Computer City in Melbourne for a few dollars less. It was the consensus of City Council to authorize the City Manager to purchase the laptop from Computer City. MOTION by Cartwright/Halloran I move to approve item G off the consent agenda. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 10. pRESENTATIONS None 11. COMMITTEE REPORTS/RECOMMI~I~IDATIONS A. CONSTRUCTION BOARD 96.160 Accept Resignation of Harold Smith £ggmmunity Development Transmittal 7/16/96, Smith Letter 6/24/96) MOTION by Cartwright/Barnes I move to accept his resignation, extend our thanks and wish him well in his new job. Regular City Council Meeting 24, 1996 Page Ten 96.149 96.161 ROLL CALL: Mr. Halloran Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp - aye - aye - aye - aye - aye MOTION CARRIED 5-0 B. TREE ADVISORY BOARD Direct Tree Advisory Board to Procee~l ~it_lxPrQpoaecl Worg Plan for FY 96/97 (Community Development Transmittal 7/2/96, Sec. 20A-14.16 LDC, Proposed Work Plan for FY 96/97) Shirley Kilkelly, 950 Franciscan Avenue, Sebastian, member of the Tree Advisory Board, presented further information on the work plan, specifically its intent to start a tree bank behind the police station and recommended approval of the plan. It was the consensus of City Council to direct the Tree Advisory Board to proceed with its proposed Work Plan for FY 96/97. 12. OLD BUSINESS ComplaintsRegardingA.T¥'~ alacl Orange Grove Traffic (City Manager Transmittal 2/!8/96, Votapka Memo 7/17/96) The City Manager gave a presentation on complaints received and possible solutions for use of the 75' wide FPL easement by 18 wheelers and ATVs. He displayed the subject area on an overhead. The staff solutions presented were construction of lock gates at several points of access. Harry Thomas, 654 Balboa Street, Sebastian, spoke on behalf of the Sebastian Property Owners Association and citizens concerned with the matter. Richard Brown, 11099 Old Dixie Highway, Sebastian, owner of property in the subject unincorporated area objected to the closing of the FPL right-of-way. 10 Regular City Council Meeting July 24, 1996 Page Eleven TAPE II - SIDE I (9:00 p.m.) Vice Mayor Barnes said he had contacted FPL and they had informed him they do not want 18 wheelers on the road. The City Attorney advised that more information needs to be obtained relative to the length of time the grove has been there and the access has been used. She said she had advised the City Manager that the sooner the property owner is notified that use of the access is prohibited and are requested to cease the better. The City Manager suggested the matter be deferred to the August 14 meeting to allow time for further research of the property owners, and legalities of closing off access. Mayor Cartwright suggested the property owners be notified as soon as possible and Mr. Halloran suggested rather than putting up gates, police patrols be increased. Julio Carosi, Police Community volunteer, said the road is used as a shortcut to Kildare by police when needed. The City Manager said he will try to have the review and report complete by August 14 or soon at, er. 96.079 Amend 1996~97 Fiscal Y~or Budget Calendar - Move First Public Hearing ~eptember 5, 1996 and Determine Times for Work~hopa (City Manager Transmittal 7/17/96, Amended Calendar,] it was the consensus of City Council to amend the budget calendar to change the first hearing to September 5, 1996 at 7 pm and to conduct both budget workshops at 7 pm. Mayor Cartwright called recess at 9:10 p.m. and reconvened the meeting at 9:25 p.m. All members were present. 11 oRegular City Council Meeting July 24, 1996 Page Twelve 13. NEW BUSINESS 96.126 A. First P,,eo,~lir~g - [;et Public Hearing on 8/28/96 for Ordinance No, O-96-14 -$titlldarcl Codes of Southern Building Code C9~gres~ I~terna~tional, Inc. and National Fire Protection Association Community D~¥dol>ment Transmittal 7/2/96, 0-96-14) ORDINANCE NO. O-96-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 26 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "BUILDINGS AND BUILDING REGULATIONS" BY ADOPTING AND AMENDING CERTAIN STANDARD CODES OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL. INC. AND OF THE NATIONAL FIRE PROTECTION ASSOCIATION; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-96-14 by title only. The City Planner gave a brief presentation and recommended approval. Mayor Cartwright suggested adding a provision to require that City Council automatically adopt the latest edition of the current code immediately and that appeals to Construction Board decisions can be made to the City Council. City Council concurred with the amendments. MOTION by Cartwright/Halloran I move to accept the first reading of Ordinance 96-14 as amended and set the public hearing and second reading for August 28. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 12 Regular City Council Meeting July 24, 1996 Page Thirteen 96.126 B. First Reading - Set Public Hearing on 8/28/96 for Ordinance No. O-96-15 - Fire Prevention and Protection - Standard Fire Prote~tio.tl ago Life Safety Codes (Community D~YelQpme~t Transmittal 7/2/96, 0-96-15) ORDINANCE NO. O-96-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 42 OF TIlE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "FIRE PREVENTION AND PROTECTION" BY SUBSTITUTING LATER EDITIONS OF THE FIRE PROTECTION CODE OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. AND THE LIFE SAFETY CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION FOR THE EDITIONS PREVIOUSLY ADOPTED BY THE CITY COUNCIL; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-96-15 by title only. MOTION by Halloran/Damp I move to approve first reading of Ordinance 0-96-15 and set second reading and public hearing for August 28, 1996. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 13 Regular City Council Meeting 24, 1996 Page Fourteen 96.098 C. Adopt Resolution No. R-96-50 Authorizing the Mayor i..o ~?ieCut~ the Conceptual Approval Agreemeot i~mt Sign the Confidentiality Agreement. (City Manager Transmittal 7/1[96,, Rolan~t l)eBlQi~ Letter, Cot~ceptual Approval Agreement, Confidentiality Agreement, R-96-50, Lo.catioa3/Iap) RESOLUTION_NO. i~-96-50 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND THE CITY ATTORNEY TO ACCEPT AS TO FORM AND LEGAL SUFFICIENCY, ON BEHALF OF THE CITY, AN AGREEMENT AMONG, FLORIDA COMMUNITIES TRUST, THE CITY OF SEBASTIAN, AND INDIAN RIVER COUNTY, THAT AGREEMENT BEING A CONCEPTUAL APPROVAL AGREEMENT AND A CONFIDENTIALITY AGREEMENT ON REAL PROPERTY KNOWN AS "AGC INDUSTRIAL TRACT SCRUB" PROVIDING FOR RECORDING; 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-96-50 by title only. The City Manager gave a brief presentation on the proposed agreement for purchase of the industrial scrub property by Indian River County with assistance of Florida Communities Trust. MOTION by Barnes/Cartwright I'll make a motion to adopt Resolution R-96-50 authorizing Mayor to execute the conceptual approval agreement and sign the confidentiality agreement. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 14 Regular City Council Meeting July 24, 1996 Page Fifteen 96.110 D. A~topt Resolution No. R-96-52 Authorizing Mayor to Execute and City Clerk to ~ Master Prg. f~igr~al,,%rvices Agreement with CRA Engineering. Inc. - (Community Development Transmittal 7/2/96, Agreeme~ UnCer_~eparat~ q:over, g-96-~2) KESOLUTIO2~LNO, g-96-52 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST ON BEHALF OF THE CITY, A MASTER PROFESSIONAL SERVICES AGREEMENT BETWEEN CRA ENGINEERING, INC. AND THE CITY OF SEBASTIAN, 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-96-52 by title only. The City Planner gave a brief presentation, stating that the agreement does not spell out any specific work at this time, however, staffwill bring back to Council individual supplemental agreements and costs as they are prepared. He recommended approval of the agreement. The City Manager said the agreement was drafted by former City Attorney, Clifton McClelland. MOTION by Taracka/Barnes I make a motion to authorize the Mayor to sign and the City Clerk to attest the Master Professional Services Agreement with CRA Engineering, Inc. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 15 Regular City Council Meeting July 24, 1996 Page Sixteen E. Schedule City Council_Workshop~ City Council Workshops were scheduled as follows: 8/8/96 - 7:00 p.m. 8/14/96 - 6:00 p.m. 8/21/96 - 7:00 p.m. 8/29/96 - 7:00 p.m. Stormwater Conceptual Master Plan Presentation Burn Ordinance Workshop Falcon Cable TV Franchise Renewal - Public Forum Falcon Cable TV Franchise Renewal - Public Forum F. Falcon Cable The City Attorney said she could have Attorney Feld give a presentation on rate regulation at a workshop. She explained the procedures for rate review, which would require the hiring of outside counsel. The City Manager said the very technical review would probably require the services of a rate analyst. The City Manager advised that further information and costs be obtained and that two issues be addressed at the next meeting; 1) rate regulation - minimum cost of rate regulation process versus the increased customer cost of a rate increase; 2) a decision whether to go with the formal or informal process for franchise renewal and extension of the current agreement. It was decided to also consider outside counsel costs at the next meeting. 14. INTRO_I)UCTIQ~ O_F NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit of ten minutes for each speaker TAPE II - SIDE II (10:05 p.m.) Sal Neglia, 461 Georgia Boulevard, Sebastian, recommended tearing down the old utility building (700 Main) rather than renovating and making a small park out of it; asked when the outside City Hall restrooms would be repaired; suggested the City proceed cautiously with the Riverfront; objected to use of grant funds for Cavcorp; objected to a proposed fudge shop/U-haul rental/citrus shipping business on U.S. 1 and recommended zoning be looked at. Don Smith, 208 Poinciana Street, Sebastian, thanked Council for preserving the ten minute public input time. 16 Regular City Council Meeting July 24, 1996 Page Seventeen Bob Freeland, 733 Wentworth Street, Sebastian, spoke on the removal of the former Airport Manager; inquired who wanted him removed and discussed quotes by three members of Council in the Today paper relative to conflict of interest by Mr. Van Antwerp serving as manager as a fixed base operator; further discussed conflicts of interest filed by P & Z member, Carl Fischer and alleged that there is conflict on Council relative to campaign contributions. Al Vilardi, 445 Georgia Boulevard, Sebastian, inquired where the twenty five foot height limit on the east side of Indian River Drive starts and recommended the city not give away the old utility building, but if it did, to give it to all organizations. At 10:28 p.m. motion was made. MOTION by Barnes/Taracka I move to extend 15 minutes. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 Julio Carosi, 589 Michael Street, Sebastian, said Police Department Community Volunteers are needed and can apply at the Police station. Herbert Sturm, 549 Saunders Street, Sebastian, distributed photos depicting code deficiencies on city properties, however, commended City staff for fixing some of the areas he had brought to the City's attention previously. 17 Regular City Council Meeting July 24, 1996 Page Eighteen 15. CITY COUNCIL MATTERS A. Mayor Louise Cartwright Mayor Cartwright said Council as the Board of Adjustment, had requested that P & Z look into parking requirements for mixed uses. The City Manager said he could have staff look into it. Mayor Cartwright recommended that P & Z look at the code relative to monitoring renewal of home occupational licenses and that weight be given to adjacent property owner objections. There were no objections to her request. B. YJce2Vloyor Walter 13~rrle~ None. C. Mr~.~rma D~ml~ Mrs. Damp suggested that a policy be established to ban helium balloons from City events or parks. At 10:45 p.m. Mayor Cartwright adjourned the meeting when no motion for further extension was made. D. Mr. Raymond Halloran E. Mr. Richard Taracka 16. CITY &TTORNEY MATTERS 17. CITY blP3~AGI~R MATTERS 18 Regular City Council Meeting July 24, 1996 Page Nineteen Approved at the ~~o ,2e'' /fi// ,1996, Regular City Council Meeting. Kathryn/d. O'Ha~lorar4, CMC/A. AE City Clerk L~uise R. Cartwright Mayor 19 City of Sebastian 'STREET [] SEBASTIAN, FLORIDA 32958 IE (407) 388-8200 Fl FAX (407) 589-5570 MEMORANDUM DATE: July 24, 1996 TO: Honorable City Council Members of Sebastian FROM: Thomas W. Frame, City Manager SUBJECT: Addition to the Agenda Under New Business - Workshop Dates In order for the Council to move forward with a number of future legislative issues, the Council needs to conduct a couple of public forums associated with the Falcon Franchise Renewal and it needs to consider a Workshop for the Buming Ordinance and for the presentation on the Stormwater Conceptual Master Plan. I will schedule on the Agenda of August 14th, at 6:00 p.m., a workshop to discuss the proposed Burning Ordinance unless there is objection by the Council. Relative to the public forums associated with the Falcon Cable Franchise Renewal, two forums are being suggested approximately one week apart. It is recommended that the Council select one of two days for August 21 st and 22nd and one of two days for August 27th and 29th, on which to conduct the two public forums. The purpose of the forum would be to take public comment on the issue of Falcon Cable T.V.'s Franchise Renewal. Relating to the presentation from Craven, Thompson & Associates, Inc., on the Stormwater Conceptual Master Plan, I would recommend that the Council select either August 8th or August 13th as the date on which to conduct that workshop. Inasmuch as this is a complex issue, public input during that Workshop will be solicited. I would appreciate very much if the Council would give direction to the staff on the selected recommended dates for the listed Workshops. /jmt