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HomeMy WebLinkAbout09141994 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 14, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Deacon Henk Toussaint - St. Sebastian Catholic church 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. PROCLAMATIONS AND]OR ANNOUNCEMENTS A. Harry Thomas Presentation to Desmond Chambers 94.225 94.226 94.227 94.228 10. 11. 12. PUBLIC HEARING, FINAL ACTION - None INTRODUCTION OF NEW BUSINESS B~Y THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-i9 Limit of Ten Minutes for Each Speaker) 9. CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. ae Approval of Minutes - 8/24/94 Regular Meeting, 9/7/94 Special Meeting, 9/7/94 Workshop Humane society of Vero Beach and Indian River County, Inc./City of Sebastian - Use Agreement - Barber Street Sports Complex (City Manager Transmittal dated 8/19/94, Use Agreement) Sebastian River Area Chamber of Commerce - Request Use of Riverview Park and Yacht Club - Santa's Sail-In (12/9/94/Yacht club) and Christmas Around the World (12/9/94 - 12/31/94 Riverview Park) (city Clerk Transmittal dated 8/23/94, King Letter dated 8/22/94) Dt Craft Club of Sebastian - Request Use of Riverview Park - Annual Shows - 10/1/94, 11/5/94, 12/3/94, 1/7/94, 2/4/94, 3/4/94 w/Raindates - Standard Conditions (City Clerk Transmittal dated 9/1/94, Letter dated 9/1/94) Tammy Cortez - Community Center - Family Reunion - 9/24/94 - 5 pm to 11 pm - A/B Request - DOB 11/27/62 - Security Paid (City Clerk Transmittal dated 8/23/94, Application) PRESENTATIONS COMMITTEE REPORTS]RECOMMENDATIONS OLD BUSINESS 94. 180 94. 180 94.229 13. NEW BUSINESS 14. RESOLUTION NO. R-94-47 - Water Main & Extension Lines - Riverfront Water Project - Special Assessment (Finance Director Transmittal dated 9/9/94, R-94-47) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR WATER MAIN AND EXTENSION LINES FOR THE AREA EAST OF U.S. 1 TO INDIAN RIVER DRIVE RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY SERVED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION ~O. R-94-47 - Special Assessment Hearing Notice - Riverfront Water Project (Finance Director Transmittal dated 9/9/94, R-94-48) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED GENERALLY IN THE AREA EAST OF U.S. 1 TO INDIAN RIVER DRIVE RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE CITY COUNCIL AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING A WATER MAIN, AS TO THE COST THEREOF, AS TO THE MANNER AND PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. CITY COUNCIL MATTERS A. Mrs. Norma Damp B. Mr. Robert Freeland Consider Changing Section 11 of Resolution of R-91-38 Re: Boards (Transmittal dated 9/8/94, R-91-38 w/revised pg 6) 3 C. Mr__~. Frank Oberbeck D. Mayor Arthur Firtion E. Vice-Mayor Carolyn Corum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se this form ONLY for input on items on the prepared agenda EXCEPT for public hearings which have their own signup sheets. Speakers will address City Council immediately prior to the deliberation of the item by the City Council (R-93-19) ADDRESS i '" SUBJECT : NAME ADDRESS · /~'/"":,, ITEM NO.. ADDRESS ITEM 8. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGNUP SHEET SEPTEMBER 14, 1994 REGULAR CITY COUNCIL MEETING (Use this form ONLY for presentation of NEW matters NOT on the prepared agenda. SUBJECT NAME: ADDRESS: SUBJECT: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 14, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1.225 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 o.f ten minutes per speaker (R-93-19) Mayor Firtion called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. There was no invocation given. 4. ROLL CALL City Council Present: Mayor Arthur ¥irtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: City Manager, Joel L. Koford city Clerk, Kathryn M. O'Halloran City Attorney, Clifton A. McClelland, Utilities Director, Richard Votapka Deputy city Clerk, Sally Maio Jr. Regular City Council Meeting September 14, 1994 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). None. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Harry Thomas Presentation t_9o Desmond Chambers Harry Thomas, Balboa Street, Sebastian, read a letter for Desmond Chambers commending him for returning Mr. Thomas' lost wallet. The Utilities Director announced that his department has officially moved to 700 Main Street. 7. PUBLIC HEARINGL FINAL ACTION None. INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) Keith Miller, 961 Riviera Avenue, Sebastian, discussed vegetation overgrowth on bikepaths. Richard Taracka, 1320 Coverbrook Lane, Sebastian, thanked Vice Mayor Corum for attending the hospital budget hearing. Thomas Wojciekowski, 425 Peterson Street, commended Jerry Converse and Desmond Chambers for their set up of the Community Center for elections; and discussed the proposed golf course rates resolution, specifically the due date for membership fees and proposed increased fees. Anna Loudermilk, 1919 U.S. 1, Sebastian, said a neighbor placed a fence on a public right-of-way blocking her driveway and asked for assistance. The City Manager responded to the city Council's concerns for Mrs. Loudermilk's problem. City Council directed the City Attorney to research the matter. Regular city Council Meeting September 14, 1994 Page Three 94.225 94.226 94.227 94.228 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 - 8/24/94 Regular Meeting, 9/7/94 Special Meeting, 9/7/94 Workshop Humane Society of Vero Beach and Indian River County, Inc./City of Sebastian - Use Agreement - Barber Street Sports Complex (City Manager Transmittal dated 8/19/94, Use Agreement) Sebastian River Area Chamber of Commerce - Request Use of Riverview Park and Yacht Club - Santa's Sail-In (12/9/94/Yacht Club) and Christmas Around the World (12/9/94 - 12/31/94 Riverview Park) (City Clerk Transmittal dated 8/23/94, King Letter dated 8/22/94) Craft Club of Sebastian - Request Use of Riverview Park - Annual Shows - 10/1/94, 11/5/94, 12/3/94, 1/7/95, 2/4/95, 3/4/95 w/Raindates - Standard Conditions (city Clerk Transmittal dated 9/1/94, Letter dated 9/1/94) Tammy Cortez - Community Center - Family Reunion - 9/24/94 - 5 pm to 11 pm - A/B Request - DOB 11/27/62 - Security Paid (City Clerk Transmittal dated 8/23/94, Application) The city Manager read the consent agenda. Mr. Freeland removed C; Mrs. Corum removed A and D. MOTION by Oberbeck/Damp I move to approve items D and E of the consent agenda. Regular City Council Meeting September 14, 1994 Page Four ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 ITEM A - Minutes Mrs. Corum requested that her proposals for the tree ordinance be placed in the 9/7/94 workshop minutes. MOTION by Corum/Damp I make a motion to amend the minutes of the workshop of September 7, 1994 to include Vice Mayor Corum's two proposals. Vice Mayor Corum went on to reiterate her proposals "to amend item D of that ordinance that we discussed that night" and "to have staff check on prices of the different caliper trees". ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 MOTION by Corum/Oberbeck I make a motion to approve item A of the consent agenda. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Mr. oberbeck noted his original motion to approve the consent agenda was made in error. Regular City Council Meeting September 14, 1994 Page Five MOTION by Oberbeck/Freeland I would withdraw the motion for the approval of items D and E. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 MOTION by Oberbeck/Freeland I would now move for the approval of items B and E of the consent agenda. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 ITEM C - Santa Sail-In MOTION by Freeland/Corum i would move to approve the use of Riverview Park and the Yacht Club for the Santa Sail-In, however, the half fee should be paid for the use of the Yacht Club. The city Attorney advised that City Council members, as members of the Chamber of Commerce, have no conflict in voting on this matter. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 ITEM D - Craft Club Mrs. Corum expressed concern for the Craft club using the Riverview Park once per month and suggested a limit. She suggested approving two months and then changing park policy. 5 Regular City Council Meeting September 14, 1994 Page Six Mr. Oberbeck suggested limiting the use to local people and that all products be handmade. The City Attorney advised that the City has the right to regulate activities, however, reasonable rules and regulations must be established and uniformly applied. MOTION by Freeland/Oberbeck I would move that we approve the Craft Club of Sebastian's use of Riverview Park for the dates 10/1/94, 11/5/94, and 12/3/94 with raindates. ROLL CALL: Mrs. Damp - nay Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 4-1 (Damp - nay) TAPE I - SiDE II (7:50 p.m.) Mayor Firtion directed that the Craft Club president be contacted to meet with the City Manager to review rules. 10. PRESENTATIONS None. 11. COMMITTEE REPORTS/RECOMMENDATIONS None. 12. OLD BUSINESS None. 6 Regular City Council Meeting September 14, 1994 Page Seven 13. NEW BUSINESS 94.180 A. RESOLUTION NO. R-94-47 - Water Main & Extension Lines - Riverfront Water Project - Special Assessment (Finance Director Transmittal dated 9/9/94, R-94-47) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING SPECIAL ASSESSMENTS, PROVIDING FOR WATER MAIN AND EXTENSION LINES FOR THE AREA EAST OF U.S. 1 TO INDIAN RIVER DRIVE RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY; PROVIDING PUBLIC PURPOSE, THE NATURE OF THE IMPROVEMENTS, PORTIONS OF THE EXPENSE PAID BY ASSESSMENT, THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESIGNATION OF LANDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the revised Resolution No. R-94-47 by title only and briefly described the amendments. MOTION by Corum/Damp I move to adopt Resolution No. R-94-47; authorize publication of this Resolution; set a public hearing for September 28, 1994, to consider construction of the water line project and adoption of an assessment roll and authorize notification to affected property owners. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 7 Regular city Council Meeting September 14, 1994 Page Eight 94. 180 B. 14. RESOLUTION NO. R-94-48 - Special Assessment Hearing Notice - Riverfront Water Project (Finance Director Transmittal dated 9/9/94, R-94-48) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED GENERALLY IN THE AREA EAST OF U.S. 1 TO INDIAN RIVER DRIVE RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE CITY COUNCIL AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING A WATER MAIN, AS TO THE COST THEREOF, AS TO THE MANNER AND PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-94-48 by title only. MOTION by Damp/Freeland I move to adopt Resolution No. R-94-48; and accept the preliminary assessment roll. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Mayor Firtion called recess at 7:55 p.m. and reconvened the meeting at 8:02 p.m. Ail members were present. CITY COUNCIL MATTERS A. Mrs. Norma Damp None. Regular City Council Meeting September 14, 1994 Page Nine B. Mr. Robert Freeland 94.229 1. Consider Changing Section 11 of Resolution of R-91-38 Re: Boards (Transmittal dated 9/8/94, R-91-38 w/revised p_q 6) J.W. "Tommy" Thompson, 125 Main Street, Sebastian, speaking as an individual and not a board member, recommended not approving the recommended change; Sal Neglia, 461 Georgia Boulevard, Sebastian; expressed confusion regarding language providing for appointment of chair and vice-chair on the Code Enforcement Board; Joe Generazio, 1058 Barber Street, Sebastian, speaking as an individual and not a board member, agreed with the amendment; Keith Miller, 961 Riviera Avenue, Sebastian, suggested that Code Enforcement have alternates and disagreed with the amendment. Mr. Freeland explained his reasons for the suggested amendment to designate the City Council as the proper body to interview board applicants. MOTION by Freeland/Oberbeck I move to change Section 11 of Resolution No. R- 91-38 to read that the "City council shall interview each applicant at a public meeting and City council shall vote for their choice for the appointment at a public meeting designated for such purpose.". City Council discussion followed. Keith Miller, 961 Riviera Avenue, Sebastian, addressed City Council on turnover on the Construction Board in response to Vice Mayor Corum's inquiry as to how many board members are appointed each year. Vice Mayor Corum then inquired when the city Council would interview applicants. The City Attorney said City Council can ask for a recommendation from advisory boards and advised that some cities have set up screening committees. Regular city Council Meeting September 14, 1994 Page Ten Mayor Firtion suggested both bodies interview all applicants. TAPE II - SIDE I (8:45 p.m.) ROLL CALL: Mayor Firtion - nay Mrs. Corum - nay Mrs. Damp - nay Mr. Freeland - aye Mr. oberbeck - aye MOTION FAILED 2-3 (Firtion, Corum, Damp - nay) MOTION by oberbeck/Corum I would move that all boards shall continue to interview applicants and recommend to City Council but the City Council shall also interview each applicant. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 Mr. Freeland reported on a metal building erected on Thornhill Lane and recommended such allowable uses be reviewed by staff. C. Mr. Frank Oberbeck None. Mr. Oberbeck excused from 8:49 p.m. to 8:50 p.m. D. Mayor Arthur Firtion None. E. Vice-Mayor Carolyn Corum Vice Mayor Corum suggested that language in item K under the heading of tree credits remain in the tree ordinance, to which Mayor Firtion responded it was being left in; and solicited help for the spoil island clean-up this weekend. 10 Regular City Council Meeting September 14, 1994 Page Eleven 15. 16. 17. CITY ATTORNEY MATTERS The City Attorney advised that he has prepared an ordinance on the Trinity Lutheran Church abandonment of right-of-way and submitted it to the City Clerk. CITY MANAGER MATTERS The City Manager requested that the motion on Resolution No. R-94-48 be revised to include setting the public hearing. MOTION by Freeland/Damp I move that we set the public hearing on Resolution No. R-94-48 for September 28, 1994. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 Being no further business, Mayor Firtion adjourned the Regular Meeting at 8:55 p.m. Approved at the .£.~.~ , 1994, City Council Meeting. Arthur L. Firtion, Mayor Kathry~M. nalloran, CMC/AAE City Clerk 11