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Home My WebLink About07261995 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 26, 1995 7:00 P.M. OR SOON THEREAFTER CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE 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 of ten minutes per speaker (R-95-23) 3. 4. 5. ® CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - No One Available 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 (R-95-23) PROCL~M~TIONS AND/OR ANNOUNCEMENTS 95.029 PAGES 1-6 PAGES 7-34 9. 10. 95.128 PAGES 35-40 95.129 PAGES 41-62 PUBLIC HEARING, FINAL ACTION The order for public hearings in accordance with R-95-23 is as follows: - Mayor Opens Hearing - city Attorney Reads Ordinance or Resolution - Mayor Announces Rules - Staff Presentation and Recommendation (if any) - Public Input - Staff Final Comments and Recommendation (if any) - Mayor Closes Hearing Unless Hearing Continuation Granted by Vote of Three Councilmembers ae ORDINANCE NO.. 0-95-03 - Parking i__n Residential Districts (Director of Community Development Transmittal dated 7/18/95, 0-95-03) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, RESTRICTING PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING DEFINITIONS, SETTING PENALTIES FOR VIOLATIONS, PROVIDING METHODS FOR ENFORCEMENT, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading on Revised 0-95-03 6/28/95, Minor Amendment, Advertised Legal Notices 7/12/95, PH 7/26/95) CONSENT AGENDA Approval of Minutes - 6/28/95 Regular Meeting, 7/12/95 Regular Meeting PRESENTATIONS - None COMMITTEE REPORTS/RECOMMENDATIONS A. HANDICAPPED SELF-EVALUATION COMMITTEE Interview and Consider Reappointment of Harry DiSalvio and Philip Foster to Three Year Terms to Expire June 1998 (Human Resources Transmittal dated 7/18/95, 2 Applications, Pg. of R-94-51 Re: Interview) PLANNING AND ZONING COMMISSION (Director of Community Development Transmittal dated 7/18/95, Applications, P & Z Memo dated 7/7/95, Bosworth Memo dated 6/28/95) Eliminate Designations of "lst" and "2nd" for Alternate Member Positions Interview and Appoint Alternate Member - Unexpired Term to Expire November 1995 2 11. OLD BUSINESS 95.047 PAGES 63-64 95.122 PAGES 65-80 12. 95.130 PAGES 81-96 Discussion an__~d Consideration of Capital Sanitation Franchise (Notification Letter to Capital dated 7/17/95, Requested by Halloran) Consider Vacation of Easement Application - Lot 9, Block 339, Sebastian Highlands ~ 13 - EdR Brenda Thomas_- Postponed from 7/12/95 (City Clerk Transmittal dated 7/18/95, Sec. 90-129 Code of Ord., Craven, Thompson Letter (Objection), DCD Letter, Application, Survey, Letters of No Objection) RESOLUTION NO, R-95-40 - Approving Vacation of Easement TO BE ADOPTED IF APPLICATION IS APPROVED A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH FIVE FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 9, BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-82C, 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. NEW BUSINESS Consider Vacation o__f Easement Application m LOt 3,. Block 574, Sebastian Highlands Unit 17 - Larry ! Barbara Peters (city Clerk Transmittal dated 7/18/95, Sec. 90-129 Code of Ord, Craven, Thompson Letter, DCD Letter, Application, Survey, Letters of No Objection) RESOLUTION NO. R-95-43 - Approving Vacation o__f Easement TO BEADOPTED IF APPLICATION IS APPROVED A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTHWEST SiX FEET OF THE NORTHEAST TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 3, BLOCK 574, SEBASTIAN HIGHLANDS UNIT 17, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 8-46, 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. 95.070 PAGES 97-106 95.131 PAGES 107-110 95.132 PAGES 111-122 95.134 PAGES 123-168 RESOLUTION NO. R-95-33 - cit~ Council Meeting procedures_- Repealing R-95-23 (city Clerk Transmittal dated 7/19/95, Proposed Legislative R-95-33) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DATE AND TIME FOR. CITY COUNCIL MEETINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASi-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. C® RESOLUTION NO... R-95-41 - Signatures on Financial Documents (City Clerk Transmittal dated 7/18/95, R-95-41) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING POLICY REGARDING THE NUMBER AND FORM OF SIGNATURES THAT MUST APPEAR ON CHECKS, DRAFTS, AND OTHER FINANCIAL DOCUMENTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ~equest from Mechanical Research and Design Corporation t__o Lease Airport Property (Director of Community Development Transmittal dated 7/18/95, DCD Memo dated 7/13/95 w/Attachments, Pino Fax dated 6/27/95) Award o__f Contract for Easy Street Bikepath from Hibiscus Avenue to Main Street to Pan American Engineering Company in the amount of $26,578.00 (Public Works Transmittal dated 7/20/95, Summary Sheet of Bids, Bid and Contract Documents) 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC 14. CITY COUNCIL MATTERS Mrs. Norma Da~ Mr. Raymond Halloran Mayor Arthur FirtioR 95.133 PAGES 169-170 Vice MayQ~ Carolyn Corum 1. Golf Course Memorial Trust Fun__d (Corum Transmittal dated 7/19/95, Exhibit One) Mr..~s .~ Louise cartwright 15. C~TY ATTORNEY MATTERS 16. ~I,T~ MANAGER MATTERS 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. PUBLIC HEARING SIGN-UP SHEET JULY 26, 1995 REGULAR MEETING ORDINANCE NO. 0-95-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AME~ING THE CODE OF ORDINANCES, RESTRICTING PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING DEFINITIONS, SETTING PENALTiES FOR VIOLATIONS, PROVIDING METHODS FOR ENFORCEMENT, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading on Revised 0-95-03 6/28/95, Minor Amendment, Advertised Legal Notices) Name ,/~' ~' Address For Against Information "~ ......... 3>:W ...... :7 ............ : .... 7:::~ .................................................. 3;~ .... Name ., J ,',--f ,,. ress For Against Information I/J~ ~7" L ~ ~ ~ 7~>~':: f :'lq For Against I~o~ation Name Address For Against Information PUBLIC INPUT ON AGENDA ITEMS SIGN-UP SHEET JULY 26, 1995 REGULAR MEETING Address: ,~tll Agenda item No. and Title: Nme: // k'~...'¢V i Ad&ess: "~' Agenda Item No. ~d Title: Address: Agenda Item No. and Title: Address: ~ ~ ~ _ ~.~--',..~, Agenda Item No. and Title: Sanle~ Address: Agenda Item No. and Title: Nalne: Address: Agenda Item No. and Title: INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET JULY 26, 1995 REGULAR MEETING USE THIS FORM ON£ Y FOR INTRODUCTION OF NEW BUSINESS NOT OTHER WISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Address: } ' ~:~.~ /~ ~" o ' '~ ~ Subject: C,,n' ~.'" -~ :". .. ~'~:'. .... O:.~."',/~/':,~C'/.~,. ~J"~:J( ,~'~. . ~-/~':'~. Address: Address: Subject: Name: Address: Subject: Name: Address: Subject: City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 26, 1995 7:00 P.M. OR SOON THEREAFTER CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE 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-95-23) Mayor Firtion called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. No one was available for invocation. ROLL CALL City Council, Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwdght Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel Koford City Attorney, Tim Williams City Clerk, Kathryn O'Halloran Director of Community Development, Bruce Cooper PW Director, Richard Votapka Deputy City Clerk, Sally Maio Regular City Council Meeting July 26, 1995 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-23) None. 6. P~OCLAMATIONS AND/OR ANNOUNCEMENTS Mayor Firtion presented plaques to 4th of July Committee members, Virginia Wetherall, Roger Robinson, Wayne Kroegel, Cindy Anderson and Chairman John Malek. PUBLIC HEARING, FINAL ACTION The order for public hearings in accordance with R-95-23 is as follows: - Mayor Opens Hearing - City Attorney Reads Ordinance or Resolution - Mayor Announces Rules - Staff Presentation and Recommendation (if any) - Public Input - StaffFinal Comments and Recommendation (if any) - Mayor Closes Hearing Unless Hearing Continuation Granted by Vote of Three Councilmembers 95.029 ORDINANCE NO. 0-95-03 - Parking in l~t$iclen~ial DBtri~t~ (Director of Community Development Transmittal 7/18/95, 0-95-03) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, RESTRICTING PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING DEFINITIONS, SETTING PENALTIES FOR VIOLATIONS, PROVIDING METHODS FOR ENFORCEMENT, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading on Revised 0-95-03 6/28/95, Advertised Legal Notices 7/12/95, PH 7/26/95) 2 Regular City Council Meeting July 26, 1995 Page Three Mayor Firtion opened the public hearing at 7:05 p.m. The City Attorney read Ordinance No. 0-95-03 by title only. The City Manager gave a brief staff presentation and advised City Council that he would bring a recommended amendment to the next meeting regarding handicapped parking. John Kanfoush, 1437 Seahouse Street; Jean Brantmeyer, 1742 Starfish Lane; and Walter Barnes, 402 Azine Terrace, all of Sebastian, addressed City Council. Mayor Firtion closed the public hearing at 7:11 p.m. The City Clerk stated that Municipal Code Corporation will fill in blank sections when codified. MOTION by Corum/Damp I move the adoption of Ordinance No. 0-95-03. Mrs. Cartwright expressed concern about the inconsistency of parking in fight-of-way for improved and unimproved lots. She suggested parking in improved right-of-way should require permission of the property owner. Following a brief discussion, staff was directed to review the current code relative to the matter. ROLL CALL: Vice Mayor Corem ~ aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 Regular City Council Meeting July 26, 1995 Page Four 8. CONSENT AGENDA Approval of Minutes - 6/28/95 Regular Meeting, 7/12/95 Regular Me~Iillg The City Manager read the consent agenda. MOTION by Cartwright/Halloran I move we approve item A of the consent agenda. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 9. PRESENTATIONS None. 10. COMMITTEE REPORTS/RECOMMENDATIONS 95.128 A. HANDICAPPED SEI. f-EVALUATION COMMITTEE Intendew and Consider Real~pointmer~t of Harry DiSolvio Philip Foster to Three Year Terms to Expire June 1998 (Human Rcsourc~ Transmittal dat¢4 7/11t/9~,. 2 Al>lflicalJont, Pg. ofR-94-51 Re: Interview) City Council interviewed Philip Foster, however, Harry DiSalvio was not in attendance. 4 Regular City Council Meeting July 26, 1995 Page Five MOTION by Comm/Cartwright I move to appoint Philip Foster to the Handicapped Self-Evaluation Committee for a three year term to expire in June of 1998. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 City Council waived the requirement for Mr. DiSalvio's interview. MOTION by Conun/Halloran I move to appoint Harry DiSalvio to the Handicapped Self- Evaluation Committee for a three year term to expire June 1998. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 95.129 PLANNI12IQ AND ZONING COMMISSION (Director of Community Development Transmittal dated 7/18/95, Applications, P & Z Memo dated 7/7/95, Bosworth Memo dated 6/28/95) 5 Regular City Council Meeting July 26, 1995 Page Six Eliminate Designations of "1 st" and "2nd" for Alternate Member Positions MOTION by Cmwdght/Corum I move to eliminate the designations of 1 st and 2nd for the alternate member positions of the Planning and Zoning Commission. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 Interview 0nd Appoint Alternate Member - Unexpired Term to Expire November 1995 City Council interviewed Robert Pliska, Eric Wilsnack, and Shirley Kilkelly. MOTION by Cartwright/Halloran I'd like to move to appoint Mrs. Shirley Kilkelly to an alternate position term expiring November 1995. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 6 Regular CityCouncilMeeting july26, 1995 Page Seven 95.047 A. Discussion and Consideration of Capital Sanitation Franchise P,.cqu¢~tccl by Mr, Hallox~ll (Notification Letter to Capital dated 7/17/95) Nathan McCollum, 1448 Laconia Street and Walter Barnes, 402 Azine Terrace, both of Sebastian, addressed City Council. Ron Rigby, Capital Sanitation, addressed City Council stating he felt that the cause of most of the problem was the approximately 3000 residences that put out trash for pickup due to incorrect press coverage and reassured that problems encountered at starmp were being taken care of. Mr. Halloran cited many violations of the agreement by Capital Sanitation. TAPE I - SIDE II (7:47 p.m.) Concerns were expressed relative to improper equipment, lack of track lettering and backup alarm, insufficient noticing, and pickup schedule. Each City Council member offered input. It was noted that the number of complaints had diminished in the past week and, subsequent to a rather lengthy discussion, it was the consensus of City Council to have the City Manager review and report on Capital's performance in thirty days. Mr. Halloran suggested Mr. Rigby advertise in the press to alleviate any public confusion. Mr. Rigby stated he would work with his customers on holiday credits, said he had received no assistance from BFI except for a handicap list and inquired how to refund people who have BFI stickers and have paid for the next three months. John Fortin, District Manager, BFI, stated he had not been contacted by Capital for a full customer list, and that no BFI customers were being charged for the current period. 7 Regular City Council Meeting July 26, 1995 Page Eight 95.122 B. Consider Vacation of l~asement Application - Lot 9, Block 339, Sebastian Highlall~ Unit 13 - Ed & Brenda Thomas - Postponed frolll 2/12/95 (City Clerk Transmittal dated 7/18/95, Sec. 90-129 Code of Ord., Craven, Thompson Letter, DCD Letter, Application, Survey, Letters of No Objection) I~ESOLUTION NO. R-95-40 - Approving Vacation of Easetuent TO BE ADOPTED IF APPLICATION IS APPROVED A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH FIVE FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 9, BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-82C, 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. The City Attorney read Resolution No. R-95-40 by title only. MOTION by Cartwright/Halloran I move that we grant the request and adopt Resolution No. R-95-40. John Hill, Craven, Thompson & Associates, Inc., reported his findings to Council, suggesting that in the future these types of rear drainage easements be left intact (exhibiting on an overhead) however, he said that for the few applications that are in process, it would probably be acceptable to vacate the easements. He said he intends to meet with staff and the building community in the next few weeks to explain his reasons and ascertain how special circumstances can be accommodated. He suggested that perhaps a hold harmless agreement could be drafted for these situations. 8 Regular City Council Meeting July 26, 1995 Page Nine The City Attorney said there could be potential city liability if, during maintenance, city equipment went beyond the easement and damaged private property or if activity in the easement caused damage to a pool deck. Staff recommended approval for the current applications. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 12. 95.130 NEW BUSINESS Consider Vacation of Easement Application - Lot 3, Block 574, Sebastian Highlands Unit 17 - Larry & Cynthia Peters (City Clerk Transmittal dated 7/18/95, Sec. 90-129 Code of Ord, Craven, Thompson Letter, DCD Letter, Application, Survey, Letters of No Objection) RESOLUTION NO. R-95-43 - Approving Vacation of Easement TO BE ADOPTED iF APPLICATION iS APPROVED A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORiDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTHWEST SIX FEET OF THE NORTHEAST TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 3, BLOCK 574, SEBASTIAN HIGHLANDS UNIT 17, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 8-46, 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. 9 Regular City Council Meeting July 26, 1995 Page Ten The City Attorney read Resolution No. R-95-43 by title only. Cynthia Peters addressed City Council. John Hill stated that this vacation would me more restrictive in that the bank is higher than the ditch and the property has a more significant slope and waterway, however, reiterated his recommendation about applications already in progress. Vice Mayor Corum expressed concern for city liability. MOTION by Halloran/Corum I move to adopt R-95-43. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 95.070 RESOLUTION NO. R-95-33 - City Council Meeting Procedures - Repealing R-95-23 (City Clerk Transmittal dated 7/19/95, Proposed Legislative R-95-33) A RESOLUTION OF THE CITY OF SEBASTiAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DATE AND TIME FOR CiTY COUNCIL MEETINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 10 Regular City Council Meeting July 26, 1995 Page Eleven The City Attorney read Resolution No. R-95-33 by title only. TAPE II - SIDE I (8:35 p.m.) Mrs. Cartwright suggested that language in Section 7 - subheading "Introduction of New Business from the Public" be amended since the language is already in Section 7 under the subheading "Sign-up Sheet". City Council concurred. (See amended page attached) MOTION by Corum/Cartwright I move Council approves Resolution No. R-95-33 with changes recommended tonight on page five of the resolution by Mrs. Cartwright. ROLL CALL: Mr. Halloran - aye Mayor Firtion o aye Vice Mayor Corum ~ aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 95.131 Co RESQLUTION NO, R-95-41 - $i~atures o~a Financial (City Clerk Transmittal dated 7/18/95, R-95-41) A RESOLUTION OF THE CITY OF SEBASTIAN, 1NDIAN RIVER COUNTY, FLOR_IDA, ADOPTING POLICY REGARDING THE NUMBER AND FORM OF SIGNATURES THAT MUST APPEAR ON CHECKS, DRAFTS, AND OTHER FINANCIAL DOCUMENTS; 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-95-41 by title only. 11 Regular City Council Meeting July 26, 1995 Page Twelve MOTION by Damp/Halloran i move that we approve R-95-41. Mrs. Cartwright suggested an amendment to the third paragraph on page 2 regarding required signatures. The City Manager suggested amendments to the first and third paragraphs and Mrs. Damp and Mr. Halloran concurred with the changes. (See amended page attached). ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 95.132 Request from Mechanical Research and Design Corgoration_to [,ease Airport Property (DCD 7/18/95, DCD Memo 7/13/95 w/ Attachments, Pino Fax 6/27/95) The Director of Community Development recommended tentative approval and then the applicant will go to Planning and Zoning for site plan approval and come back to City Council for formal lease approval. Walter Barnes, 402 Azine Terrace, Sebastian, urged approval. MOTION by Halloran/Cartwright I move to give tentative approval to Mr. Pino for Mechanical Research and Design Corporation subject to negotiated lease and rates to be ratified by the City Council, FAA approval and Planning and Zoning approval of the site plan. ROLL CALL: Vice Mayor Corem - aye Mrs. Camvdght - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 12 Regular City Council Meeting July 26, 1995 Page Thirteen 95.018 E. Awarfl~f Contract for Easy Street Bikepath from Hibiscus Avenue to Main Street to Pan Ameri_caa. F,,ngine~r/ng Company - $26,578.00 (Public Works Transmittal dated 7/20/95, Summary Sheet of Bids, Bid and Contract Documents) The Public Works Director explained the difference between the base bid and alternate bid at the request of Mrs. Cartwfight. Mayor Firtion stated it was not in the best interest of the City to award this bid and recommended combining this bid and the Englar bikepath bid. Following a brief discussion of concrete vs. asphalt and combining the two bids, motion was made. MOTION by Cormn/Cartwright I move to award the contract for construction of the Easy Street bikepath from Hibiscus Avenue to Main Street in the amount of $26,578 and for a time of completion of 60 consecutive calendar days following the issuance of notice to proceed. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - nay Vice Mayor Corum - aye MOTION CARRIED 4-1 (Firtion - nay) 13 Regular City Council Meeting July 26, 1995 Page Fourteen 13. INTRODUCTION OF NEW ~BUSIN~.~SS FROM THE PUBLIC TAPE II - SIDE II (9:21 p.m.) Richard Taracka, 1320 Coverbrook Lane, Sebastian, inquired about Barber bridge paving; correction of Police station air-conditioning; and the Riverfront grant. Walter Barnes, 402 Azine Terrace, Sebastian, inquired about cleaning up house construction debris in the event of a hurricane; whether the City follows up on all Code Enforcement complaints; and read a letter his son in North Carolina had received from a real estate agent in Palm Bay which demeaned the City of Sebastian and which, he believed, was a seam to get people to buy "cheap" lots in the City. Paul Szafarz, 145 Capri Avenue, Sebastian, said he had submitted a letter with 150 signatures requesting two soccer fields at Barber Street Sports Complex. 14. CITY COUNCIL MATTERS A. Mrs. Norma Damp Mrs. Damp suggested the Tree Advisory Board review the code relative to tree survey requirements; and, asked staff to look into language relative to the drainage plan and how it relates to trees on single family lots. B. Mr. Raymond Halloran Mr. Halloran noted that the Junior High School sports program was dropped and read from an article regarding increases in numbers of public employees, especially in the school system, over the years. 14 Regular City Council Meeting July 26, 1995 Page Fifteen C. Mayor Arthur Firtion Mayor Firtion reiterated his concerns about the bikepath bid, stating he was not against children; and, directed the City Manager to report to Council on what he is having the engineering consultants work on. D. Vice MayQr Carolyn CQmm 95.133 Golf Cour_,s~ Memg_rial Trust Fund (Corum Transmittal dated 7/19/95, Exhibit One) Vice Mayor Corum suggested establishing a Golf Course Memorial Trust Fund and City Council generally thought it a good idea but not at this time. Vice Mayor Corum asked if the City Manager could come up with a policy and come back to Council. He concurred. Vice Mayor Corum inquired about revisions to fees and when the hurricane shutters on City Hall would come down. E. Mrs. Louj, s~ Cartwright Mrs. Cartwright asked if the City Manager could respond to the letter Mr. Barnes read. He concurred. She asked if he could review the Damp/Cooper matter and see it through to a conclusion. It was the consensus of City Council to direct the City Manager to do so. Mrs. Cartwright suggested looking into the sign ordinance and workshop discussion on it. 15 Regular City Council Meeting July 26, 1995 Page Sixteen 15. CITY ATTORNEY MATTERS None. 16. CITY MANAGER MATTERS The City Manager reported that more information has been requested by the State relative to the Community Development Block Grant application. 17. Being no ftmher business, Mayor Fhlion adjourned the Regular Meeting at 10:00 p.m. Approvedatthe ~ff~d~ /~9 Meeting. ~ , 1995, Regular City Council ~ Arihur L. Firtion, Mayor Kath~n ~ 0 'Halloran, CMC/~E Ci~ Clerk Publj~ Inputon Agenda Items. Individuals who wish to address the City Council on items where public presentations are permitted on the agenda shall address the City Council immediately prior to City Council deliberation of the agenda item. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Individuals shall have the oppommity to address City Council if they have signed the sign- up sheet prior to the commencement of the meeting with respect to an agenda item on a first- come, first heard basis. In addition, individuals shall have the oppommity to address City Council during a public hearing held in accordance with any federal or state law, the City Charter, the Code of Ordinances and the Land Development Code of the City of Sebastian. Lntmduction of New Business fromthe Public. Introduction of New Business from the Public shall be that portion of Regular Meeting agendas at which individuals may introduce new business not otherwise on the prepared agenda. Any individual wishing to introduce new business during the Introduction of New Business from the Public section of Regular City Council meetings shall have the oppommity to address the City Council if they have signed the sign-up sheet prior to the commencement of the meeting on a first come first heard basis. Individuals are encouraged, whenever possible, to meet with staff to attempt to resolve matters. Individuals are also encouraged, whenever possible, to sign up for Introduction of New Business from the public by noon on the Thursday preceding the Regular Meeting and provide documentation for inclusion in the agenda packet. 5