HomeMy WebLinkAbout09291993 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, SEPTEMBER 29, 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.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - No One Available
4. ROLL CALL
&GENDA MODIFICATIONS (ADDITIONS AIqD/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. PROCL~%MATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HE]%RING, FINAL ~CTION
The normal order of busings for public hearings
(Resolution No. R-88-32) 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 the Council.
93.263
93.289
93.249
93.196
10.
11.
12.
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14.
A. Chapter 1S0 FS Public Hearing Re: General
Development Utilities Water and Wastewater
Facility Acquisition (Finance Director
Transmittal dated 9/16/93, Revised Agreement)
CONSENT AGENDA - None
PRESENTATIONS
A. RESOLUTION NO. R-93-51 - Florida City Government
Week - October 3 - 9, 1993 - Requested by
Councilmember Corum (R-93-51)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK,
OCTOBER 3-9, 1993, AND ENCOURAGING ALL CITIZENS TO
SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
B. John Malek, Chamber of Commerce - Santa Sail-In
and Winter Wonderland (City Clerk Transmittal
dated 9/16/93, King Letter dated 9/16/93)
MAYOR AND CITY COUNCIL ~ATTERS
A. Mrs. Carolyn Corum
B. Mrs. Norma Damp
C. Mr. Robert Freeland
D. Mayor Lonnie R. Powell
E. Vice-Mayor Frank Oberbeck
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
COMMITTEE REPORTSjRECOMMENDATIONS
OLD BUSINESS
A. RESOLUTION NO. R-93-50 - Revised Price Airport
Lease Agreement (City Clerk Transmittal dated
9/16/93, R-93-50, Revised Lease Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AIRPORT
LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND
CHARLES CLAY PRICE; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
93.284
Receive Code Enforcement Order - Patton (93-8038)
(Amended Order)
93.285
Burgoon Berger - Specimen Tree Removal Request -
One Pine - Lots 24 & 25, Block 333, SH Unit 13
(Director of Community Development Transmittal
dated 9/9/93, Application, Survey)
15. NEW BUSINESS
93.263
Purchase of the General Development Utilities -
Sebastian Highlands Water and Wastewater
Facilities - Contracts with Consultants to
Accomplish Bond Financing and Purchase (Finance
Director Transmittal dated 9/16/93)
16.
INTRODUCTION OF 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)
93.290 A.
Joan Gerardi, 917 Franciscan Avenue, Sebastian -
Senior Recreation Programs (Letter dated 9/7/93)
93.291 B.
Lawrence Hardison - Fraternal Order of Police -
Request to Use Riverview Park North - Carnival -
10/17/93 - 10/24/93 (Director of Community
Development Transmittal dated 9/7/93, Hardison
Letter dated 9/22/93)
93.292 C.
Cindy Tirro, Indian River Recyclers - Request to
Use Riverview Park - Swap Meets 9/26/93,
10/31/93, 11/28/93 and 12/26/93 with Alternate
Dates (Director of Community Development
Transmittal dated 9/10/93, Tirro Letter dated
8/26/93)
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.)
3
PUBLIC HEARING SIGN-UP SHEET
SEPTEMBER 199.3. REGULAR MEETING
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PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
SEPTEMBER 29, 1993 SPECIAL CITY COUNCIL
e this form .ONLY f. or input on items o.n the prepared agenda
reco~ized by the Mayor.)
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INTRODUCTION OF NEW BUSINESS
-FROM THE PUBLIC
SIGNUP SHEET
SEPTEMBER 29, 1993 REGULAR CITY COUNCIL MEETING
(Use this form ONLY for presentation of matters NO~ on the
prepared agenda. Introduction of Business from the Public is the
last item on the agenda)
NAME:
ADDRESS:
SUBJECT:
93.290 - Joan Girardio 917 Franciscan Avenue, Sebastian
917 Franciscan Avenue
Senior Recreation Program~
NAME:
ADDRESS:
SUBJECT:
93.291 - Lawrence Hardison - Fraternal Order of Police
Request to Use Riverview Park - Carnival
NAME:
ADDRESS:
SUBJECT:
93.292 Cindx Tirro - Indian River Recyclers
Request to Use Riverview Park - Swap Meets
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETiNG
WEDNESDAY, SEFrEMBER 29, 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 Special Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
3. No Invocation was given.
4. ~ 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
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
Airport Manager, John Van Antwerp
Deputy City Clerk, Sally Maio
Special City Council Meeting
September 29, 1993
Page Two
93.263
e
AGENDA MODIFICATIONS (ADDITIONS AND/OR DSL~TIONS) -
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 ~ND/OR ~NNOUNCEMENTS
Mayor Powell announced that Planning and Zoning
Commissioner, J.W. Thompson's wife has passed on and
expressed sympathy.
7. PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) 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 the Council.
Chapter 180 FS Public Hearing Re~ General
Development Utilities Water and Wastewater
Faoillty Acquisition (Finance Director
Transmittal dated 9/16/93, Revised Agreement)
Mayor Powell opened the public hearing at 7:02 p.m.
The Finance Director recommended that City Council
direct the Mayor and City Clerk to execute a purchase
agreement based on substantive issues being worked
out and brought back to City Council in final form.
George Metcalf, 425 Pine Street; John Revello, 429
Georgia Boulevard (presented additional
documentation); Louise Cartwright, 785 Bay Harbor
Terrace; all of Sebastian, objected to the proposed
acquisition.
2
Special City Council Meeting
September 29, 1993
Page Three
The Finance Director and Utilities Director responded
to citizen concerns and noted that the deadline for
the General Development Utilities, Inc. water and
sewer rate increase is October 1, 1993.
Mayor Powell closed the public hearing at 7:30 p.m.
Each City Council member offered his/her opinion on
the proposed acquisition, staff members responded to
City Council concerns and discussion took place
relative to costs for improvements to the facility,
bonding practices, duration of the GDU franchise, the
need to attract industry,
TAPE I - SIDE II (7:45 p.m.)
and assurance that connection to water is not
mandatory, although sewer connection is required.
MOTION by Corum/Oberbeck
I make a motion for Council to let the Mayor and
City Clerk execute the purchase and sales agreement -
to the substance and wait for the finer points at a
later date.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 4-1 (Damp - nay)
8. CONSENT AGENDA
None.
93.289
9. ~RESENTATIONS
RESOLUTION NO. R-93-51 - Florida City Government
Week - October 3 - 9, 1993 - Requested by
Councilmember Corum (R-93-51)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK,
OCTOBER 3-9, 1993, AND ENCOURAGING ALL CITIZENS TO
SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
Special City Council Meeting
September 29, 1993
Page Four
The City Attorney read Resolution No. R-93-51 by
title only.
Mrs. Corum read the body of the resolution for the
public, gave a brief explanation of Florida City
Government Week and recommended a volunteer city
board registration committee, voters registration
drive, recognition of volunteers, said she would be
available to meet with the public and inquired
whether other Council members can make themselves
available to hear citizen concerns.
MOTION by Oberbeck/Freeland
I would move to adopt Resolution No. R-93-51,
Florida City Government Week October 3-9, 1993.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
93.249
John Malek~ Chamber of Commer¢9 - Santa Sail-In
and Winter Wonderland (City Clerk Transmittal
dated 9/16/93, King Letter dated 9/16/93)
John Malek, Chamber of Commerce, updated city Council
on the proposed Santa Sail-In and Winter Wonderland
festivities in Riverview Park between December 3rd
and the holidays.
Mayor Powell called recess at 8:07 p.m. and
reconvened the meeting at 8:24 p.m. Ail members were
present.
10. MAYOR AND CiT~ COUNCIL MATTERS
A. Mrs. Carolyn Corum
Mrs. Corum reported that any new applications for
land acquisition funds must be in by September 30,
1993 and inquired whether City Council wants her to
apply for funding for the St. Sebastian PUD (Julian)
tract. It was the consensus of City Council that
Mrs. Corum can work with the Acting city Manager and
staff to complete and submit the applications; said
she had received a phone call from Burgoon Berger
regarding tonight's specimen tree request and
4
Special City Council Meeting
September 29, 1993
Page Five
inquired whether the city has the ability to use six
and eight inch oak trees. The Director of Community
Development responded that he will look into
feasibility of relocating these trees. Mrs. Corum
recommended an update on lightning protection to which
the Acting City Manager responded that a report will
be submitted by the City Engineer.
B. Mrs. Norma Damp
Mrs. Damp inquired whether a policy can be
established to disconnect city hall computers in the
evening, to which the Finance Director responded that
certain computers must remain operational at all
times, surge protectors will be purchased, and the
strike that city hall took could not have been
protected against completely; spoke on the letter
from Mr. Maggard (dated June 29, 1993) and direction
to staff to respond to it; and responded to citizen
concerns regarding cable.
C. Mr. Robert Freeland
Mr. Freeland reiterated concerns on computer damage
and suggested that a basketball court be included in
the Barber Street Sports Complex plans.
D. Mayor Lonnie R. powell
Mayor Powell stated that Hardee Park looks better
since being cut; inquired about grants available for
water and sewer, to which the Utilities Director
responded that the application should be submitted by
next week; and inquired about Ameriquatic not
spraying canals recently, to which the Acting City
Manager responded that this is due to heavy rains.
TAPE II - SIDE I (8:47 p.m.)
E. Vice-Mayor Frank Oberbeck
Mr. Oberbeck noted that the cost to taxpayers for
computer damage will be only $1000; discussed grants
available for water and sewer and inquired why
Hartman and Associates was paid for work not yet
completed, to which the Utilities Director responded
that billing was for 180 hearings and not grant
application.
Special City Council Meeting
September 29, 1993
Page Six
93. 196
ll.
12.
13.
~~TTORNEY HATTERS
The City Attorney said he would not attend the
October workshop but that Attorney Torpy would be in
attendance; spoke on the recently distributed
contract for the proposed Julian property purchase to
which Mayor Powell responded that if it was the City
Attorney's intention to place this item on the agenda
for approval he would vote against it. The City
Attorney reported that First Union wants to close by
October 29, 1993, reiterated that water quality on
the property is excellent, and recommended that if
the city wants to pursue the purchase it should make
a decision tonight to give staff sufficient time for
review. The city Attorney reported that the cable
franchise is for thirty years and began in 1981.
CITY M.~,N~GER HATTERS
The Acting City Manager noted that all correspondence
is available for City Council inspection and asked
direction for placement of the Julian property
contract. Mayor Powell called a special meeting
prior to the October workshop at 6:30 p.m. to review
the proposed contract distributed tonight and make a
decision.
COMI~ITTE~ REPORTS/RECOI~ND~TIONS
None.
14. OLD BUSINESS
RESOLUTION NO___~.R-93-50 - Revised Price Airport
Lease Agreement (City Clerk Transmittal dated
9/16/93, R-93-50, Revised Lease Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AIRPORT
LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND
CHARLES CLAY PRICE; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The Airport Manager addressed concerns expressed by
Mrs. Corum on the procedure for rental
implementation.
#
6
Special City Council Meeting
September 29, 1993
Page Seven
93.284
93.285
The City Attorney read Resolution No. R-93-50 by
title only.
Mrs. Corum reiterated her suggestion to keep rent in
line with a yearly consumer price index. The City
Attorney noted that the starting rent for Mr. Price
will be higher than for other tenants. The Finance
Director recommended annual rental increases based on
annual CPI, although it is standard practice of the
city to use five year CPI for airport leases.
The Airport Director said all land leases at the
airport are based on five years.
MOTION by Freeland/Oberbeck
I make a motion that we adopt Resolution No.
R-93-50.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Receive Code ~nforcement Order - Patton (93-8038)
(Amended Order}
Mrs. Corum stated that she had removed this from the
last agenda and that her question had been answered.
No further action.
Burgoon Berger_- Specimen Tree Removal Request
Q~e Pine - ~ 24 ! 25~ Block ~ SH Unit 13
(Director of Community Development Transmittal
dated 9/9/93, Application, Survey)
Mrs. Corum requested said that staff's attempt to
move the oaks was previously discussed.
MOTION by Oberbeck/Freeland
I would move that we approve the request of
Burgoon Berger to remove the specimen tree located on
lots 24 and 25, Block 333, Sebastian Highlands Unit
13.
VOICE VOTE on the motion carried 5-0.
7
Special city Council Meeting
September 29, 1993
Page Nine
TAPE II - SIDE II (9:40 p.m.)
Discussion continued on need for recreation programs.
Mrs. Gerardi was advised to meet with Indian River
County Recreation Committee member George Schum.
Mr. Oberbeck requested that staff obtain a financial
statement from Indian River County Recreation
Director, Pat Callahan.
93.291
Lawrence Hardison - ~raternal Order of Police
Request to use Riverview Park North - Carnival
10/17/93 - 10/24/93 (Director of Community
Development Transmittal dated 9/7/93. Hardison
Lette~ dated 9/22/93}
MOTION by Oberbeck/Corum
I would move to approve the request of the FOP
Lodge 139 to utilize Riverview Park north, October
17-24, 1993 subject to standard conditions as
outlined by this Council.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
93.292
Cindy Tirro. Indian River Recyclers ~ Request to
US.9 ~iverview Par~ - Swap Meets 9/26/93.
10/31/93. 11/28/93 and 12/26/93 with Alternate
Dates (Director of Community Development
Transmittal dated 9/10193, Tirro Letter dated
8/26/93)
The Director of Community Development said he had
advised the applicant against this type of use, but
that she had stated her intent to pursue approval.
MOTION by Oberbeck/Freeland
I'm going to move to deny the request of Indian
River Recyclers to utilize Riverview Park.
The Director of Community Development explained
conditions established by City Council to ban the
sale of pre-manufactured goods in Riverview Park.
Special City Council Meeting
September 29, 1993
Page Ten
17.
The City Attorney advised that City Council obtain
input from the public and staff and further workshop
park policy.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-1 (Damp - nay)
Being no further business, Mayor Powell adjourned the
Special Meeting at 10:00 p.m.
Approved at the
Meeting.
thr¥~/M. O'Halloran, CMC\AAE
City CIerk
10