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Home My WebLink About10261994 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 26, 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 qf 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 - Reverend C. Robert Merola, Jr. - St. Elizabeth's 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 (Resolution No. R-93-19). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 94.251 Proclamation - Veterans of 10210 - Buddy Poppy Days - John O'Neill Accepting present Foreign Wars - Post November 4 and 5, 1994 94.021 94.252 94.210 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. ORDINANCE NO. O-94-10 - Trinity Lutheran Church - Abandonment of Right-of-Way (Director of Community Development Transmittal dated 10/20/94, O-94-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, ABANDONING A PORTION OF THE ROAD RIGHT-OF-WAY FOR SCHUMANN DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 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) 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. A. Approval of Minutes - 10/12/94 Regular Meeting Traffic Signal Maintenance Agreement with Indian River County (City Manager Transmittal dated 10/17/94, Proposed Agreement) Seahouse Ditch - JoBear, Inc. - Approve Change Order #1 - Authorize Payment of $1,416 (Engineering/Public Works Transmittal dated 10/19/94, JoBear Letter) 94.253 94.254 94.255 94.256 94.257 94.258 94.259 94.239 10. 11. Purchase Two Dump Trucks F700 and BBC Tandem - State Contract 070-700-450 Price - Atlantic Ford Truck Sales - $78,276.00 (Engineering/Public Works Transmittal dated 10/18/94, Atlantic Quote) Barbara Schardt - Request Use of Community Center - Scott Family Benefit Fish Fry - 11/5/94 - Noon to 6:00 p.m. - $5.00 Donation - A/B - Permittee DOB 9/30/53 - Security Pd. (City Clerk Transmittal dated 10/17/94, Application) PRESENTATIONS - None COMMITTEE REPORTS/RECOMMENDATIONS CONSTRUCTION BOARD (Director of Community Development Transmittal dated 10/17/94, city Clerk Memo dated 10/18/94, Applications) Reappoint Truman Smith as Regular Member - Three Year HARV Position - Expires 9/30/97 Reappoint Randy Mosby as Regular Member - Three Year Engineer Position - Expires 9/30/97 Reappoint Keith Miller as Regular Concerned citizen Position - Expires 9/30/97 Appoint Thomas Cecrle as Regular Member to Replace Michael Capp - Three Year Regular Position - Expires 9/30/97 Appoint Nicholas Messina as Alternate Member - Concerned citizen - New Position - Expires 9/30/97 12. OLD BUSINESS RESOLUTION NO. R-94-50 - Use of Community Center, Yacht Club, Council Chambers (City Clerk Transmittal dated 10/20/94, R-94-50) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR THE USE OF SUCH FACILITIES; PROVIDING FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATING ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 94.227 94.248 94.260 94.261 Craft Club of Sebastian - Riverview Park Use (City Clerk Transmittal dated 10/18/94, Deyter Letters dated 10/5/94 and 9/1/94, 9/14/94 Minutes, Donations List) 13. NEW BUSINESS 14. 15. 16. ORDINANCE NO. O-94-11 - Airport Rezoning (Director of Community Development Transmittal dated 10/20/94, O-94-11) 1st Reading, Set Public Hearing for 12/7/94 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY LOCATED AT THE SEBASTIAN MUNICIPAL AIRPORT FORM iN (INDUSTRIAL DISTRICT) TO AI (AIRPORT AND INDUSTRIAL FACILITIES DISTRICT); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Schedule Quasi-Judicial Hearing for Indian River Tree Recycling and Mulch - Special Use Permit Request (Director of Community Development Transmittal dated 10/10/94, Application) CITY COUNCIL MATTERS A. Mayor Arthur Firtion B. Vice Mayor Carolyn Corum Combating Brazilian Peppers in Sebastian (corum Transmittal dated 10/18/94, Eradication Techniques, Applicator's Guide, Homeowner's Guide) C. Mrs. Norma Damp D. Mr. Robert Freeland E. Mr. Frank Oberbeck CITY ATTORNEY MATTERS CITY 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. 5 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGNUP SHEET OCTOBER 26, 1994 REGULAR CITY COUNCIL MEETING (Use this form ONLY for presentation of NEW matters ~OT on the prepared agenda. ADDRESS: SUBJECT: NAME: D ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: 2 PUBLIC INP~ ON AGENDA ITEMS SIGNUP SHEET OCTOBER 26, 1994 REGULAR MEETING Use 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 SUBJECT : NAME ADDRESS ITEM NO : SUBJECT : NAME : ADDRESS : iTEM NO : SUBJECT : 94.021 PUBLIC HEARiNG SIGN-UP SHEET OCTOBER 26, 1994 A. ORDINANCE ~NO. O-94-10 - Trinity Lutheran Church - Abandonment of Right-of-Way AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, ABANDONING A PORTION OF THE ROAD RIGHT-OF-WAY FOR SCHUMANN DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Please use this form on~ for input on the above public hearing item. NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 26, 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 ~ ten minutes per speaker (R-93-19) 1. Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. No invocation was given. 4. ROLL CALL City Council Present: Mayor Arthur Firtion 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, Deputy City Clerk, Sally Maio Jr. Regular City Council Meeting October 26, 1994 Page Two 94.251 94.021 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). MOTION by Damp/Firtion I move to add to the agenda to review the Cancer Society walk-a-thon and closure of Indian River Drive. Mr. Freeland inquired whether this was an emergency. Mrs. Damp said time was of the essence for planning. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 The item was placed as Old Business item C. 6. PROCLAMATIONS AND]OR ANNOUNCEMENTS Proclamation_- Veterans of Foreign Wars - Post 10210 - Buddy ~ Days - November 4 and 5, 1994 - John O'Neill Acceptinq Mayor Firtion read and presented the proclamation to John O'Neill. Mr. O'Neill introduced members Gladys Fluch and Charlie Long and invited all to attend a Sebastian River High School dedication on October 30. 7. PUBLIC HEARING, FINAL ACTION ORDINANCE NO. O-94-10 - Trinity Lutheran Church - Abandonment of Right-of-Way (Director of Community Development Transmittal dated 10/20/94, O-94-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, ABANDONING A PORTION OF THE ROAD RIGHT-OF-WAY FOR SCHUMANN DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting October 26, 1994 Page Three 94.252 The City Attorney read Ordinance No. O-94-10 by title only, Mayor Firtion opened the public hearing at 7:10 p.m. and, being no input, he closed it. MOTION by Freeland/Oberbeck I move to approve Ordinance No. O-94-10. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 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) A1 Goelz, 1618 Seahouse Street, Sebastian, presented photographs to City Council and Public Works Director, Jerry Thomas in honor of the October 19, 1994 completion of the Seahouse ditch project. Wally Kramer, Micco, reported on a meeting held at the North County library relative to the Riverfront. Virgina King, John Malek, Daisy Knowles, Dot Judah, and Carlene Allen requested to speak on the item for the American Cancer Society. Thomas Wojciekowski, 425 Peterson Street, Sebastian, discussed water and sewer, Golf Course costs, and invited all to attend a golf course tournament. 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. A. Approval of Minutes - 10/12/94 Regular Meeting Traffic Signal Maintenance Agreement with Indian River County (City Manager Transmittal dated 10/17/94, Proposed Agreement) 3 Regular City Council Meeting October 26, 1994 Page Four 94.210 C. 94.253 D. 94.254 E. Seahouse Ditch - JoBear, Inc. - Approve Change Order #1 - Authorize Payment of $1,416 (Engineering/Public Works Transmittal dated 10/19/94, JoBear Letter) Purchase Two Dump Trucks F700 and BBC Tandem - State Contract 070-700-450 Price - Atlantic Ford Truck Sales - $78,276.00 (Engineering/Public Works Transmittal dated 10/18/94, Atlantic Quote) Barbara Schardt - Request Use of community Center - Scott Family Benefit Fish Fry - 11/5/94 - Noon to 6:00 p.m. - $5.00 Donation - A/B - Permittee DOB 9/30/53 - Security Pd. (City Clerk Transmittal dated 10/17/94, Application) The City Manager read the consent agenda in its entirety. Mr. Oberbeck removed item A. MOTION by Corum/Freeland I move the approval of B, C, D and E 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 A. Approval of Minutes Mr. Oberbeck inquired what the plaque that Mrs. Damp will send to the former City Manager will say. Mrs. Damp said it has not been sent. MOTION by Oberbeck/Freeland I'd move for the approval of item A. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Regular city Council Meeting October 26, 1994 Page Five 94.255 94.256 10. 11. PRESENTATIONS None. COMMITTEE REPORTS/RECOMMENDATIONS CONSTRUCTION BOARD (Director of Community Development Transmittal dated 10/17/94, City Clerk Memo dated 10/18/94, Applications) Reappoint Truman Smith a__s Regular Member - Three Year HARV Position L Ex~ires 9/30/97 MOTION by Oberbeck/Freeland I would move for the reappointment of Truman Smith as a regular member to serve three years in the HARV position to expire 9/30/97. The city Clerk said no other applications were received for these positions. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Reappoint Randy Mosby as Regular Member Three Year Engineer Position ~ Expires 9/30/97 MOTION by Oberbeck/Freeland I would move to reappoint Randy Mosby as a regular member representing the engineering position to expire 9/30/97. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 Regular City Council Meeting October 26, 1994 Page Six 94.257 3. 94.258 94.259 Reappoint Keith Miller a__s Regular Concerned Citizen Position ~ Expires 9/30/97 MOTION by Oberbeck/Damp I would move to reappoint Keith Miller as regular concerned citizen position to expire 9/30/97. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 Appoint Thomas Cecrle as Regular Member t__qo Replace Michael Capp - Three Year Reqular Position ~ Expires 9/30f97 MOTION by Oberbeck/Corum I would move to appoint Thomas Cecrle to regular member to replace Michael Capp, three year regular position to .expire 9/30/97. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Appoint Nicholas Messina a__s Alternate Member - Concerned citizen - New Position m Expires 9/30/97 MOTION by Corum/Oberbeck I move to appoint Nicholas Messina as alternate member in the concerned citizen position to expire 9/30/97. Mr. Oberbeck expressed concern for the lack of Florida drivers license. 6 Regular City Council Meeting October 26, 1994 Page Seven ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 12. OLD BUSINESS 94.239 A. RESOLUTION NO. R-94-50 - Use of Community Center, Yacht Club, Council Chambers (city Clerk Transmittal dated 10/20/94, R-94-50) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR THE USE OF SUCH FACILITIES; PROVIDING FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATING ACTIVITIES; 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-94-50 by title only. Sal Neglia, 461 Georgia Boulevard, Sebastian, requested the use of the Council Chambers for the property owners next meeting. Harry Thomas, 654 Balboa Street, Sebastian, said the property owners sought legal counsel and, in counsel's opinion, the land sales document is binding and requested that the item be removed from the agenda. The City Attorney said the final order contains fairly ambiguous language and does not pertain to use of the Council Chambers, said that minutes from the time of transfer of the Yacht Club offer very little clarification, advised that cities are prohibited from entering into agreements that exist in perpetuity, said the 6/4/86 minutes reflect a decision not to charge the property owners a rental fee at the Yacht Club, and suggested that a reasonable interpretation of the order, although the document can't bind the city forever, would be to permit the property owners association to use the Yacht Club as in the past for its meetings for a reasonable period. 7 Regular City Council Meeting October 26, 1994 Page Eight MOTION by Freeland/Oberbeck I'd move to adopt Resolution No. R-94-50 effective November 8, 1994 with modification to Section 4 on the Sebastian Yacht Club rates to read "the exemption to the Sebastian Property Owners Association to continue as it has in the past" Mrs. Corum asked "Which is once a month?", and Mr. Freeland said yes. Mr. Oberbeck suggested allowing the property owners to use the Community Center due its size and representation of the citizens of Sebastian. Following some discussion, Mrs. Corum said the motion was open ended and inquired how many times they would be allowed to use the facility. Mr. Oberbeck suggested the motion be withdrawn and suggested giving the property owners use of the Yacht Club once per month and the Community Center once per month. The City Attorney said interpretation of "prior use as in the past" should be determined by the City Clerk, and the City Clerk said the group used the Yacht Club twice per month until such time as the group became too large for membership meetings, therefore, her interpretation is "twice per month". ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 94.227 B. Craft Club of Sebastian - Riverview Park Use (City Clerk Transmittal dated 10/18/94, Deyter Letters dated 10J5J94 and 9/1/94, 9/14/94 Minutes, Donations List) Velita Brooks, 1671 Seahouse Street, Sebastian; and TAPE I - SIDE II (7:47 p.m.) Kathy Staab, 1350 28th Avenue, Vero Beach, each representing the Craft Club, addressed City Council. Regular City Council Meeting October 26, 1994 Page Nine MOTION by Damp/Freeland I make a motion that we grant the extra day of December 4, 1994 and also grant the three dates for 1995 with raindates. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 old Mayor Firtion called recess at 7:57 p.m. and reconvened the meeting at 8:03 p.m. Ail members were present. American Cancer Society - Request Use of Riverview Park - Move Along-A-Thon - 11/5/94 Close Indian River Drive Virginia King, 375 Manley Avenue, Sebastian, Chamber of Commerce; John Malek, 343 Concord Avenue, Sebastian, representing March of Dimes and 4th of July Committee; Daisy Knowles, Board Member of American Cancer Society; and Dot Judah, Sebastian, American Cancer Society, urged approval. MOTION by Damp/Firtion I make a motion that we grant the walk-a-thon for the Cancer Society, the request as given on 10/12/94. A lengthy City Council discussion followed. ROLL CALL: Mrs. Damp - aye Mr. Freeland - nay Mr. Oberbeck - nay Mayor Firtion - aye Mrs. Corum - nay MOTION FAILED 3-2 (Freeland, Oberbeck, Corum - nay) 13. NEW BUSINESS Regular city Council Meeting October 26, 1994 Page Ten 94.248 A. ORDINANCE NO. O-94-~ 13 - Airport Rezoning (Director of Community Development Transmittal dated 10/20/94, O-94-~13) 1st Reading, Set Public Hearing for 12/7/94 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY LOCATED AT THE SEBASTIAN MUNICIPAL AIRPORT FORM IN (INDUSTRIAL DISTRICT) TO AI (AIRPORT AND INDUSTRIAL FACILITIES DISTRICT); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read ordinance No. O-94-~13 by title only. MOTION by Corum/Oberbeck I make a motion to set the first reading and set public hearing for December 7, 1994 for Ordinance No. O-94-~13. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 94.260 Schedule Ouasi-Judicial Hearing for Indian River Tree Recycling and Mulch - Special Use Permit Request /Director o__f Community Development Transmittal dated 10/10/94. Application) MOTION by Oberbeck/Freeland I move that we meet the 7th of December at 6 p.m. for Indian River Tree Recycling and Mulch's special use permit. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 ("O-94-11" previously assigned to another ordinance - number changed to "O-94-13" prior to public hearing notice - see attached memo) 10 Regular City Council Meeting October 26, 1994 Page Eleven 14. CITY COUNCIL MATTERS A. Mayor Arthur Firtion Mayor Firtion expressed dismay at turning down the American Cancer Society. B. Vice Mayor Carolyn Corum 94.261 1. combatinq Brazilian Peppers i__n Sebastian (Corum Transmittal dated 10/18/94, Eradication Techniques, Applicator's Guide~ Homeowner's Guide) Vice Mayor Corum reiterated her report as submitted in the agenda packet, and urged Council approval to direct the City Clerk to obtain brochures from manufacturers for residents to pick up at City Hall. MOTION by Oberbeck/Firtion I'd move to the effect that we request you (City Clerk) write to chemical manufacturers and get their brochures as requested by Mrs. Corum. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Vice Mayor Corum further requested approval for the Friends of the Saint Sebastian River to eradicate pepper trees October 29, 1994 on Blossom Lake Park and to have staff pick up debris. MOTION by Oberbeck/Firtion I would move that we have the city Manager direct staff to pick up piles of debris left at Blossom Lake Park as soon as possible after the pepper tree bashing day and dispose of them if necessary. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 11 Regular City Council Meeting October 26, 1994 Page Twelve Other Matters Vice Mayor Corum discussed formation of controls for parking in Riverview Park at a future workshop; expressed concerns for safety of the Sembler platform, whereby Mayor Firtion suggested the City Manager look into it; TAPE I - SIDE II (8:45 p.m.) and inquired about performance reviews. C. Mrs. Norma Damp None. D. Mr. Robert Freeland Mr. Freeland discussed a ditch on Main Street. E. Mr. Frank Oberbeck None. 15. CITY ATTORNEY MATTERS The City Attorney reported that the St. John Surface Water and Congressman Bacchus' office will respond to him relative to designating the Sebastian River as a "wild and scenic river", as requested by Vice Mayor Corum. Mr. Freeland requested copies of City Attorney billing. 16. CITY MANAGER MATTERS None. 17. Mayor Firtion adjourned the Regular Meeting at 8:50 p.mo A~ed at the Meeting. ~~ Arthur L. Firtion, Mayor Kathry~M. O Halloran, CMC/AAE City Clerk 12