HomeMy WebLinkAbout08251993 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
93.252
REGULAR MEETING
WEDNESDAY, AUGUST 25, 1993 - 7:00 ~M.
CITY COUNCIL CHAMBERS
1225 MAIN STREE% SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREE% SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Carl Merola, 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/ORANNOUNCEMENTS
7. PUBLIC HEkRING~ FINAL ACTION - None
8. ITEMS CARRIED FORWARD FROM THE 8/11/93 AGENDA
A. Introduction of New Business from the Public -
Rick Giteles - Exchange Club/Creative Club (No
Backup)
93.253
93.254
93.255
93.246
93.256
9. ~ONSENT A~ENDA
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 - 8/7/93 Special Meeting,
8/7/93 Budget Workshop, 8/8/93 Budget Workshop,
8/11/93 Regular Meeting
Be
RESOLUTION NO. R-93-38 - Voluntary Noise
Abatement Rules - Airport (city Clerk/ACM
Transmittal dated 8/19/93, Airport Manager Letter
dated 8/18/93, R-93-38)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE
SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR THE
ADOPTION OF VOLUNTARY AIRPORT NOISE ABATEMENT
RULES; DIRECTING THE CITY MANAGER TO IMPLEMENT
THE PUBLICIZING OF THE VOLUNTARY AIRPORT NOISE
ABATEMENT RULES; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
U.S. 1 Medians - Bore and Jack - Reject B & B
Properties Bid and Direct Staff to Re-advertise
(city Engineer Transmittal dated 8/6/93)
Bid Award - Public Works Broom Tractor w/
Attachments - Berggren Equipment - $20,105.00
(City Engineer Transmittal dated 8/19/93, Bid
Tabulation)
E®
Reschedule Fischer Special Use Permit Request to
October 13, 1993 (City Clerk/Acting City Manager
Transmittal dated 8/19/93, Fischer Letter dated
8/16/93, Director of Community Development Letter
dated 7/30/93)
Fe
schedule Public Hearing for Treasure Coast
Shuttle - Permit and Certificate of Public
Convenience and Necessity for September 8, 1993
(City Clerk/ACM Transmittal dated 8/20/93,
Application)
93.257
93.258
93.141
93. 141
10.
11.
12.
13.
14.
15.
Welcome Wagon Club Christmas Party - Community
Center - 12/10/93 - 6 pm to 12 am - A/B -
Permittee Madeline Thomas - DOB 5/12/33 -
Security Paid (City Clerk Transmittal dated
8/13/93, Application)
Lora Williams - Wedding Reception - Community
Center - 9/25/93 - 7:30 pm to 11:30 pm - A/B -
Permittee DOB 2/12/45 - Security Paid (City
Clerk Transmittal dated 8/17/93, Application)
PRESENTATIONS - None
M~YOR AND CITY COUNCIL MATTERS
A. Mr. Robert Freeland
B. Mayor Lonnie R. Powell
C. Vice-Mayor Frank Oberbeck
E. Mrs. Carolyn Corum
F. Mrs. Norma Damp
CIT~ ATTORN~YMATTERS
CITY M;tNAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
Washington Street Contaminated Soil - Quotation
from Geologic Recovery Systems - Soil Treatment -
$1,000.00 Based on 25 Tons (City Engineer
Transmittal dated 8/19/93, City Engineer Memo
dated 8/19/93, Quotation)
Be
Washington Street Contaminated Soil - Additional
Services for Environmental Consulting - Supervise
Soil Treatment - ViroGroup, Inc. - $927.00 (city
Engineer Transmittal dated 8/19/93, city Engineer
Memo dated 8/19/93, Viro Group Contract)
93.017
93.259
93.260
93.261
93.262
16. NEW BUSINESS
ae
Approve Revised Six Month Sub-Lease Between
Skydive Sebastian, Inc. and Sebastian Aero
Services, Inc. (city Clerk/Acting City Manager
Transmittal dated 8/18/93, Price Letter dated
8/8/93, Original Sub-Lease Approved 1/13/93 (Ex.
A), Lease Approved 7/28/93 (Ex. B), Revised Lease
(Ex. C))
R~$QLUTION NO. R-93-33 - City of Sebastian/
Indian River County Agreement - Airport Zoning
(Director of Community Development Transmittal
dated 8/9/93, R-93-33 w/ Agreement (Ex. A) w/
(Ex. A) Indian River County Airport Zoning
Ordinance and (Ex. B) Sebastian Airport Zoning
Ordinance)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO AIRPORT ZONING;
PROVIDING AUTHORITY TO THE MAYOR AND CITY CLERK TO
SIGN, ON BEHALF OF THE CITY, TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO
EFFECTUATE A COOPERATIVE METHOD TO ADOPT, ADMINISTER
AND ENFORCE AIRPORT ZONING REGULATIONS; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Proposed Ordinance Re: Special Use Permit
Procedures - Direct City Attorney to Draft
Ordinance (Director of Community Development
Transmittal dated 8/11/93, Attorney Letter dated
8/5/93, Proposed Language, Deputy City Clerk Memo
dated 8/17/93)
Report Regarding First Union Bank's Intention to
Foreclose on Carl R. Julian Property Known as St.
Sebastian P.U.D. (Director of Community
Development Transmittal dated 8/19/93, R-90-18
Excerpts, Map w/Sketch)
Set Public Hearing on Request from Richard Fey
for Special Use Permit for Mulching Facility on
9/22/93 (Director of Community Development
Transmittal dated 8/19/93, Application
w/Attachments)
16.
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)
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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGNUP SHEET
AUGUST 25, 1993 REGULAR CITY COUNCiL MEETING
(Use this form Ol~Y for presentation of matters ~0~ on the
prepared agenda. Introduction of Business from the Public is the
last item on the agenda)
NAME: DON BERTEAU
ADDRE S S: ~-~---'~'--~--~-_._~ .........
SUBJECT: _COMP~.R OPERATOR POSITION~
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PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
AUGUST 25, 1993 REGULAR CITY COUNCIL
(Use this form ONLY for input on items on the prepared agenda
except for public hearings which have their own signup sheets.
You will now speak immediately prior to the subject after being
recognized by the Mayor.)
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 25, 1993 - 7:00 P.M.
CITY COUNCiL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDiNANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Mayor Powell called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend Carl Merola, St.
Elizabeth Episcopal Church.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also Present:
city Clerk/Acting City Manager,
Kathryn M. O'Halloran
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
city Engineer/PW Director, Dan Eckis
Finance Director, Marilyn Swichkow
Airport Manager, John Van Antwerp
Deputy City Clerk, Sally Maio
Regular city Council Meeting
August 25, 1993
Page Two
AGENDA MODIFICATION~ {ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
None.
6. PROCL~%MATIONS AND/OR ~%NNOUNCEMENTS
George Schum announced the lstAnnual Sebastian
Volunteer Fire Department Golf Tournament on October
2, 1993.
7. PUBLIC ~EARING, FINAL ACTION
None.
8. ITEMS C~RRIED FORWARD FROM THE 8/11/93 AGENDA
93.252
Introduction of New Business from t_~ ~ublic -
Ric~ Giteles ~ Exchange Club/creative Club (No
Dackupl
Clay Price, 12430 Roseland Road, on behalf of the
Exchange Club, requested permission to seek
assistance from City employees and others to spruce
up the Creative Playground. city Council concurred
and advised them to work with staff and check
liability coverage. The Finance Director advised
that the project would be covered.
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 - 8/7/93 Special Meeting,
8/7/93 Budget Workshop, 8/8/93 Budget Workshop,
8/11/93 Regular Meeting
2
Regular city Council Meeting
August 25, 1993
Page Three
93.253 B.
93.254 C.
93.255 D.
93.246 E.
93.256 F.
93.257 G.
93.258 H.
RESOLUTION NO~ R-93-38 - Voluntary Noise
Abatement Rules - Airport (City Clerk/ACM
Transmittal dated 8/19/93, Airport Manager Letter
dated 8/18/93, R-93-38)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE
SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR THE
ADOPTION OF VOLUNTARY AIRPORT NOISE ABATEMENT
RULES; DIRECTING THE CITY MANAGER TO IMPLEMENT
THE PUBLICIZING OF THE VOLUNTARY AIRPORT NOISE
ABATEMENT RULES; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
U.S. 1 Medians - Bore and Jack - Reject B & B
Properties Bid and Direct Staff to Re-advertise
(City Engineer Transmittal dated 8/6/93)
Bid Award - Public Works Broom Tractor w/
Attachments - Berggren Equipment - $20,105.00
(City Engineer Transmittal dated 8/19/93, Bid
Tabulation)
Reschedule Fischer Special Use Permit Request to
October 13, 1993 (City Clerk/Acting city Manager
Transmittal dated 8/19/93, Fischer Letter dated
8/16/93, Director of Community Development Letter
dated 7/30/93)
Schedule Public Hearing for Treasure Coast
Shuttle - Permit and Certificate of Public
Convenience and Necessity for September 8, 1993
(City Clerk/ACM Transmittal dated 8/20/93,
Application)
Welcome Wagon Club Christmas Party - Community
Center - 12/10/93 - 6 pm to 12 am - A/B -
Permittee Madeline Thomas - DOB 5/12/33 -
Security Paid (city Clerk Transmittal dated
8/13/93, Application)
Lora Williams - Wedding Reception - Community
Center - 9/25/93 - 7:30 pm to 11:30 pm - A/B -
Permittee DOB 2/12/45 - Security Paid (City
Clerk Transmittal dated 8/17/93, Application)
The City Clerk/Acting City Manager read the consent
agenda in its entirety, including title for
Resolution No. R-93-38.
Regular City Council Meeting
August 25, 1993
Page Four
Mrs. Damp removed item B; Mrs. Corum removed items C
and D; and Mr. Oberbeck removed item A.
MOTION by Oberbeck/Corum
I would move that we approve items E, F, G and H
of the consent agenda.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Item A - Approval of MiNutes
Mr. Oberbeck inquired about a reference in the 8/7/93
minutes to funds set out for a drainage study and
the City Engineer said he had submitted a response
memo to all Council members.
Mr. Oberbeck inquired about Skydive Sebastian, Inc.
inability to obtain liability insurance for the
drop zone. The city Attorney responded that Council
could require indemnification and that the lessee
maintain the drop zone.
MOTION by Oberbeck/Freeland
I would move that we approve item A of the
consent agenda.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
93.253
Item B - RESOLUTION NO. R-93-38 - Voluntary Noise
Abatement Rules - Airport
Mrs. Damp inquired why the 1000 ft. altitude is being
added at this time. The Airport Manager responded
that this voluntary rule is being enacted now to
respond to public concerns, in accordance with
previous City Council action.
Mrs. Corum inquired about safety issues which may
arise by enactment of this regulation.
4
Regular City Council Meeting
August 25, 1993
Page Five
93.254
93.255
MOTION by Damp/Freeland
I make a motion that we approve item B Resolution
No. R-93-38 voluntary noise abatement rules.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Item C - U.S. i Median~ - Bore and Jack - Reject ~
~ Properties Bid and Direct Staff to Re-advertise
Mrs. Corum inquired about the agreement with Martin
Paving for installation of irrigation pipes and the
City Engineer responded.
MOTION by Corum/Oberbeck
I move for approval of item C of the consent
agenda.
VOICE VOTE on the motion carried 5-0.
Item ~ - Bid Award ~ Public Works Broom Tractor w/.
Attachments m Berggr~B Equipment - $20,105.00
Mrs. Corum inquired about the cost overage and the
City Engineer responded that there are sufficient
funds available. Mrs. Corum reiterated her request
for funds availability for each purchase item. The
city Engineer explained the uses for this tractor.
MOTION by Oberbeck/Corum
I move we approve item D of the consent agenda.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
In response to Mrs. Corum, the Director of Community
Development said the current Fischer special use
permit for burning/mulching had not expired.
5
Regular city Council Meeting
August 25, 1993
Page Six
10. PRESENTATIONS
None.
11. MAYOR AND CITY COUNCI~ MATTERS
A. Mr. Robert Freeland
Mr. Freeland spoke on the YMCA recommendation to
locate a public swimming pool in the city.
B. Mayor Lonni~ R~ Powe~
Mayor Powell expressed concern about vehicles not
able to make left turns onto CR 512 adjacent to
Sebastian Elementary; asked about citizen donated
trees; discussed the Mosby donation of services to
the city for Barber Street Sports Complex
engineering; and inquired about the Chamber of
Commerce question relative to ownership of the
Chamber parking lot. Staff responded to his
concerns.
C. Vice-Mayor Frank Oberbeck
None.
D. Mrs. Carolyn Coru~
Mr. Oberbeck was excused from 7:40 p.m. to 7:42 p.m.
All members were present.
Mrs. Corum inquired about the Director of Community
Development letter to Architects Design Group
relative to the Police station air quality problem.
The Director of Community Development gave an update.
Mrs. Corum suggested City Council look into the
Building Department not enforcing GDU mandatory hook-
up. The Director of Community Development said he
had done so based on a previous City Attorney
opinion. It was decided not to discuss the matter
further at this time.
E. Mrs. Norma Damp
Mrs. Damp asked the Finance Director if a public
phone can be installed at the Golf Course. The
Finance Director said it could be done.
6
Regular City Council Meeting
August 25, 1993
Page Seven
12. ~~TTORNEY MATTERS
The city Attorney said there may have been a
mistatement in the GDU rate application, whereby they
may have included as capital, three lift stations
that they do not own. He said he had contacted
Attorney Melson and informed him that he would bring
this to City Council tonight, said his recommendation
is that City Council should decide if it had all the
facts to consider the rate increase, and that due to
the fact that negotiations have been reopened for
acquisition, it may not be proper for city Council to
deliberate on the rate increase and suggested a
hearing officer be utilized.
TAPE I - SIDE II (7:51 p.m.)
The Finance Director clarified that Lisa Layne, of
Rachlin & Cohen, has consulted on rate cases for GDU
but has never been an employee of GDU.
The City Attorney stated that Mr. Cloud said it might
be a conflict of interest for Rachlin & Cohen to be
used by the city as consultants for the GDU rate
increase request.
Discussion continued on the GDU matter. It was
decided to address this matter later in the meeting.
13. CITY MANAGER MATTERS
The city Clerk/Acting city Manager read a memo from
the Airport Manager (see attached) relative to the
Airport Master Plan Environmental Assessment and
requested input from City Council on whether it wants
to review the master copy in City Hall or if it wants
individual copies for review. The Airport Manager
said that he had begun to review the lengthy report
and that there are slight differences.
Mrs. Corum said she would like a copy, and suggested
that staff bring a recommendation to City Council.
In response to the Mayor, the Airport Manager
explained that trees were cut at the Airport to
maintain flight path clearance.
Regular City Council Meeting
August 25, 1993
Page Eight
The Director of Community Development said he has met
with Brevard and U.S. Fish and Wildlife officials and
reported that the Golf Course can be used for
habitat and would report more thoroughly at a later
time.
14. CO~ITTEE REPORT$/RECQ~I~END~TIONS
Mrs. Corum reported on the Land Acquisition
Committee's approval of a grant application to
Florida Community Trust to acquire Lost Tree Island
and Prang Island. Mr. Oberbeck requested a copy of
the application.
Mayor Powell called recess at 8:05 p.m. and
reconvened the meeting at 8:20 p.m. Ail members were
present.
Mayor Powell said Herbert Sturm had signed to speak
on item 93.253 Resolution No. R-93-38 airport noise
abatement rules and city Council concurred to let him
speak at this time.
Herbert Sturm, Saunders Street, Sebastian, inquired
who he can contact regarding low-flying aircraft.
The Airport Manager said rules are voluntary and
suggested that Mr. Sturm contact him.
The City Attorney reiterated his concerns regarding
the GDU rate increase, i.e., was the rate increase
application complete if it contained a misstatement
of fact by including the three lift stations located
on property conveyed to the city of Sebastian by GDC.
MOTION by Oberbeck/Freeland
I would move that we make that an agenda item and
put that at item 14 A that we consider discussion of
whether the GDU rate application was accurate should
be considered, provided accurate information.
VOICE VOTE on the motion 4-1 (failed since unanimous
vote is required).
8
Regular City Council Meeting
August 25, 1993
Page Nine
15. O~D BUSINES~
93. 141 A.
Washington Street contaminated Soil - Quotation
from Geologic Recovery Systems - soil Treatment
$1,000.00 Ba~ed on 25 Tons (City Engineer
Transmittal dated 8/19/93~ City Engineer Memo
dated 8/191931QuotatiQn)
The City Engineer gave a brief update on the
Washington Street contaminated soil issue.
Mr. Oberbeck expressed concern for ViroGroup's
inability to ascertain the source of the
contamination. Mayor Powell inquired whether anyone
is overseeing the clearing of right-of-way along CR
512 and tanks being utilized.
Mrs. Corum asked what action is being taken on
contaminated groundwater. The City Engineer
responded that until a full excavation is done, it
can't be ascertained what action will have to be
taken. Mrs. Corum recommended that the city protect
itself by being aware of where the treated soil is
placed.
MOTION by Oberbeck/Corum
I would move to approve the contaminated soil
quotation received from Geologic Services to
thermally treat the contaminated soil at the
Washington Street site for $1000 as based on 25 tons
of contaminated soil.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
The City Attorney recommended minor revisions to
the contract to strike the last paragraph under
II * ' II
"terms of payment" and the indemnification clause.
MOTION by Oberbeck/Freeland
I would move that prior to signing of the
contract that the item under "terms of payment" 3rd
paragraph be stricken and the "indemnification"
clause be stricken from the contract.
9
Regular City Council Meeting
August 25, 1993
Page Ten
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
93.141
Washington Street Contaminated Soil - Additional
Services for Environmental Consultinq ~ Supervise
Soil Treatment_- ViroGroup~ Inc. ~ $927.00 (city
Engineer Transmittal dated 8/19/93. ~ EnGineer
Memo dated 3/19/93. Viro Group Contract)
The city Engineer explained the need for additional
services from ViroGroup, Inc. Mayor Powell expressed
concerned for the price.
TAPE II - SIDE I (8:52 p.m.)
Discussion continued. Mrs. Corum wanted to be
reassured that the city will be informed where the
soil will be placed.
MOTION by Damp/Freeland
I move that we approve the Viro Group, Inc., for
additional contract services to supervise the soil
excavation at Washington Street for $927.
ROLL CALL:
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-1 (Corum - nay)
16. NEW BUSINESS
93.017
A~prove Revise~SixMonth Sub-Lease Between
Skydive Sebastian, Inc,.. and Sebastian Aero
Services, Inc. (City Clerk]Acting city Manager
Transmittal dated 8/18/9~ Price Letter dated
8/8/93= Original Sub-Lease Approved 1/13/93 (Ex.
A), Lease Approved 7/28/93 ~ B_~ Revised Lease
c))
10
Regular City Council Meeting
August 25, 1993
Page Eleven
93.259
Mark Price, 12850 Roseland Road, Sebastian, said the
site being pursued for permanent lease is one and the
same as that being pursued by Clay Price.
Mrs. Corum inquired who is now maintaining the drop
zone. The Airport Manager said the group is
mowing it on occasion at this time. The City
Attorney responded to questions relative to liability
and advised that any responsibility be placed on the
lessee when the permanent lease is addressed.
MOTION by Oberbeck/Damp
I would move to approve the revised six month
sub-lease between Skydive Sebastian, Inc. and
Sebastian Aero Services, Inc.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
RESOLUTION N0. R-9~-33 ~ City of SebastianL
Indian River County ~greemen~ ~ Airport Zoning
(Director of Community Development Transmittal
dated 8/9/93, R-9~-33 w/. Agreement (Ex, ~_~ w/
(Ex. A~... Indian River County Airport Zoning
Ordinance and (Ex. B~ Sebastian Airport Zoninq
Ordinanc~k
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO AIRPORT ZONING;
PROVIDING AUTHORITY TO THE MAYOR AND CITY CLERK TO
SIGN, ON BEHALF OF THE CITY, TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO
EFFECTUATE A COOPERATIVE METHOD TO ADOPT, ADMINISTER
AND ENFORCE AIRPORT ZONING REGULATIONS; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND
PROVIDING FORAN EFFECTIVE DATE.
The City Attorney read Resolution No. R-93-33 by
title only.
MOTION by Oberbeck/Freeland
I would move that we approve Resolution No. R-93-
33 interlocal agreement regarding airport zoning.
ll
Regular City Council Meeting
August 25, 1993
Page Twelve
93.260
93.261
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Ce
Proposed Ordinance ~.e:. Special Use Permit
Procedures_- Direct City Attorney t_go Draft
Ordinance (Director of Community Development
Transmittal dated 8/11/93, Attorney Letter dated
8/5/93, Proposed Language. Deputy city Cler~ Memo
dated 8/17/93)
The Director of Community Development concurred that
additional language be added to require adoption by
resolution. Mrs. Damp inquired why City Council
would need to conduct a public hearing if Planning
and Zoning would also do so and staff responded that
Council action is quasi-judicial.
MOTION by Oberbeck/Freeland
I would move to direct the city Attorney to draft
an ordinance to amend Section 20A-2.6 as outlined by
staff.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Report Regarding First Union Bank's Intention t__o
Foreclose o__n Car% R. Julian Property Known as St.
Sebastian P,U.Q. (Director of Community
Development Transmittal dated 8/19~93z R-90-18
Excerpts, Map w/Sketch)
The Director of Community Development reported
briefly and recommended that staff also negotiate for
an additional 7.3 acre aviation easement. Mrs. Corum
requested a copy of the entire agreement adopted by
Resolution No. R-90-18.
12
Regular City Council Meeting
August 25, 1993
Page Thirteen
Mr. Freeland referred to a previous staff transmittal
stating that the property is worth 3.75 million and
he suggested the city consider taking over the 1.3
million mortgage, selling off a portion of the
land, creating habitat and building the road. It was
the consensus of City Council to direct staff to
investigate the property value.
93.262
Set Public Hearing on Request from Richard Fey
for Special Use Permit for Mulching ~acility on
9/22/93 (Director of Community ~eveloDment
Transmittal dated 8/19/93, Application
wJAttachments}
The Director of Community Development stated that no
zoning district in the city permits a mulching
facility. He said if City Council wants to
incorporate this type of use in Industrial zoning
that can be done which would eliminate need for
a special use permit in this case. The City Attorney
advised that if mulching were made a permittable use
and the operation of the facility is considered
improvement to the property, it may be a violation of
the city's agreement with the Indian River County
Solid Waste District.
MOTION by Oberbeck/Corum
I would move that we set the public hearing for
Mr. Gilliam's special use permit for September 22,
1993.
Mrs. Corum inquired why there is no material to
review, and the City Attorney responded that the
setting of the public hearing is a formality and that
the merits of the application will be addressed at
that time.
Damian Gilliams, 713 Layport Drive said there are two
separate deeds to the property. The City Attorney
said if the applicant wants to amend its application
it should do so for prior to the hearing. Mr.
Gilliams said an as-built survey will be presented
top staff prior to hearing.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
13
Regular City Council Meeting
August 25, 1993
Page Fourteen
16.
~NTRODUCTIONOF NEW BUSINESS BY TH~ PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Herbert Sturm, 549 Saunders Street, Sebastian,
inquired whether funds have been allocated in the
upcoming budget to cover legal costs for his appeal
to the Code Enforcement Board decision on his case.
A1 vilardi, 445 Georgia Boulevard, Sebastian, said
traffic is getting heavy on the alley south of CR
512; and expressed concern about parking in Riverview
Park.
The Director of Community Development said he was
bringing an item to the workshop agenda regarding
park policy.
17. Being no further business, Mayor Powell adjourned the
Regular Meeting at 9:30 p.m.
Approved at the , 1993, City Council
Meeting. ~.. : .....~ ~/%
,:,;. ..... ,:
.... ~ ~ Aonn~e R. P~el~, Mayor
city Clerk
14