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11151995
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, NOVEMBER 15, 1995 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL ,4 GENDA ITEMS M,4 Y 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 providedprior to the meeting - limit often minutes per speaker (R-95-33) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Paul E. Hauenstein - Christ the King Lutheran Church 4. 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-95-33) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 95.196 Plaque - Gregory Gore - Police Retirement Board of Trustees - October 1989 through October 1995 95.197 Plaque - Howard Goldstein - Planning and Zoning Commission - September 1992 through October 1995 95.198 Co Proclamation -Neighborhood Cleanup Day - 12/9/95 - Sebastian Woman's Club - Alice Russell Accepting PUBLIC HEARING, FINAL ACTION The normal order ofbusiness for public hearings (R-95-33) 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 City Council. 95.043 ~DINANCE NO. O-95-27 - Amending Occupational License Fees for Manicurists and Cosmetologists (City Clerk Transmittal 11/3/95, 0-95-27) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II, SECTIONS 30-51 (11) AND 30-51 (12) OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO OCCUPATIONAL LICENSE FEES, PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/25/95, Advertised 10/30/95, PH and Adoption 11/15/95) 2 QUASI-JUDICIAL HEARING Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39): Mayor Opens Hearing-Outlines Rules - Attorney Reads Ordinance or Resolution (if Applicable) Clerk Administers Oath Disclosure of Ex-Parte Communication Staff Presentation Applicant Presentation - 15 Minutes Inquiry of Applicant Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Proponents Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Opponents Informational Testimony- 3 Minutes or 10 Minutes i/Representing 5 or More Closing of Public Informational Period Staff Response and Summary - 10 Minutes Applicant's Rebuttal Presentation - 10 Minutes Board and Staff lnquiry 95.199 RESOLUTION NO. R-95-63 - Acceptance of Minor Subdivision Plat for Fischer Industrial Park (Community Development Transmittal 11/8/95, R-95-63, Application, Plat Under Separate Cover, LDC Sections, P & Z Memo 10/20/95, Masteller Letter 11/2/95, Williams Memo 11/8/95) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR SUBDIViSION PLAT OF FISCHER INDUSTRIAL PARK, CONSISTING OF 4.53 ACRES, MORE OR LESS, LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. CONSENT AGENDA ,41l items on the consent agenda are considered to be routine and will be enacted by one motion. There will be ho.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 - 10/25/95 Regular Meeting, 11/1/95 Workshop, 11/1/95 Regular Meeting 95.098 Craven Thompson & Associates, Inc. - Supplemental Agreement No. 6 - Conceptual Stormwater Management Master Plan (City Manager Transmittal 11/6/95, Supplemental Agreement) 95.188 Bid and Contract Award - Sod Delivery and Installation - March 2, 1996 through March 2, 1997 - R & R Turf Farms - Postponed from 10/25/95 to 11/1/95 - Placed on 11/15/95 by Request of Staff (Public Works Director Transmittal 11/7/95, Bid and Contract Documents, R & R Turf Letter 10/16/95) 95.200/ 94.249 Approve One-Year Extension of Annual Contracts for General Materials - Henry Fischer & Sons (General Fill and Road Stabilization) and L.I. Tree Service (Yellow Sand and Coquina Rock) (Public Works Director Transmittal 11/7/95, 12/21/95 Minutes Excerpt, LI Tree and Fischer Letters, 1994 Bid Documents, Tabulation and Agenda Transmittal) 10. PRESENTATIONS 95.201 Thomas C. Fritz - Indian River County Council on Aging - Community Coach Public Transportation Update (Fritz Letter) 95.202 James D. Chastain - Manager of Assessment Projects - Indian River County - Expedited Temporary Water Service and Participation in Future Assessment Program (City Clerk Transmittal 11/6/95, Agreements) Agreement - City of Sebastian and MGB Construction, Inc. Agreement Between City of Sebastian and David R. & Bambi L. Simigran Agreement Between City of Sebastian and Jean and Herbert Simigran 11. COMMITTEE REPORTS/RECOMMENDATIONS 95.203 95.204 95.2O5 95.206 12. 95.056/ 94.220 95.179 PLANNING AND ZONING COMMISSION - Interview and App..oilat Members (Community Development Transmittal 11/7/95, Applications, P & Z Memo 11/3/95, Sec. 10 of R-94-51) Interview and Appoint to Regular Member Position - Three Year Term to Expire 11/98 - Board Recommends Reappointment of Herbert Munsart Interview and Appoint to Unexpired Regular Member Position - Vacated by Howard Goldstein - Term to Expire 4/96 - Board Recommends Appointment of Jean Brantmeyer Interview and Appoint to Alternate Member Position - Three Year Term to Expire 11/98 - Board Recommends Reappointment of Shirley Kilkelly With Concurrence of City Attorney - Interview and Appoint Alternate to Replace Jean Brantmeyer - Unexpired Term to Expire 1/96 - Board Recommends Robert Pliska OLD BUSINESS RESOLUTION NO. R-95-62 - ISS Golf Course Maintenance Contract Revision - Tabled From 10/25/95 (City Manager Transmittal 10/19/95, R-95-62, Original Contract w/Revised Pages 2 & 3) - Motion Required to Remove from Table A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE SEPTEMBER 16, 1994 CONTRACT BETWEEN THE CITY OF SEBASTIAN AND ISS LANDSCAPE MANAGEMENT SERVICES, INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS 1N CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Consider Golf Course Equipment Replacement Program for Current Budget Year (City Manager Transmittal 11/6/95) 95.028 RESOLUTION NO. R-95-24 - Native Tree List - Tabled From 10/25/95 for Recommendation from Tree Advisory Board (Community Development Transmittal 11/7/95, R-95-24) - Motion Required to Remove from Table A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE TREES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 95.041 Greiner and Associates - Supplemental Agreement #2 - Postponed from 10/25/95 Agenda to 11/1/95 and then Tabled to 11/15/95 Agenda (City Manager Transmittal 11/6/95, Supplemental Agreement) - Motion Required to Remove from Table 95.186 mo Bid Waiver - Asphalt Recycling, Inc. - Grind and Oil Inject Englar Drive Between Schumann Drive and George Street - Sole Source - Not to Exceed $30,000.00 - Denied Until Staff Reports Back w/ Further Information at 10/25/95 Meeting (Public Works Transmittal 11/8/95, Schueberg Memo 10/31/95, Reland Letter 11/3/95, Votapka Memo 11/8/95, Agenda Transmittals, Pine Street PO, Reference Letters) 95.207/ 95.187/ 95.189 Selection for Bid Procedures - Englar Drive Bikepath, Barber Street Sports Complex, Golf Course Cart Path (City Manager Transmittal 11/6/95, Excerpt of 10/25/95 Minutes) 6 13. 95.180 95.2O8 95.209 95.210 95.211 ~IEW A. Co BUSINESS ORDINANCE NO. O-95-28 - Exchange of Real Property by the City of Sebastian (City Manager Transmittal 11/1/95, O-95-28) 1st Reading, Set Public Hearing 12/6/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 2-93 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA; TO AUTHORIZE THE CITY OF SEBASTIAN EXCHANGE OF REAL PROPERTY WITH OTHER PARTIES; PROVIDING FOR THE REVISION OF THE PROCEDURES ON THE CONVEYANCE OF REAL PROPERTY IN ABANDONMENT OF REAL PROPERTY INTEREST IN CITY OWNED PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Sebastian River Area Little League, Inc. - Request to Change Lease Dates to "December 1 through July 31" - Direct City Attorney (City Manager Transmittal 11/6/95, Lease and 1st Amendment to Lease) Sebastian Soccer Association, Inc. Lease Agreement - Barber Street Sports Complex North (Public Works Director Transmittal 11/8/95, Agreement) Sebastian Panthers, Inc. Lease Agreement - Barber Street Sports Complex South (Public Works Director Transmittal 11/8/95, Agreement) Sebastian Panthers - Barber Street Sports Complex Expansion and Schumann Football Field (City Manager Transmittal 11/6/95, Panthers Agenda Package) 14. 15. 16. 17. 18. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker CITY COUNCIL MATTERS A. Vice Mayor Carolyn Corum B. Mrs. Louise Cartwright C. Mrs. Norma Damp D. Mr. Raymond Halloran E. Mayor Arthur Firtion CITY ATTORNEY M3TTERS CITY MANAGER MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEA~NG) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THATA VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES rile rESr ONY AND EnDENCE UPON WHICH rue APPEAr IS TO BE HEARD. (28O. OLO5 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMJt4ODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS INADVANCE OF THIS MEETING. 8 PUBLIC HEARING SIGN-UP SHEET NOVEMBER 15, 1995 REGULAR MEETING 95.043 A. ORDINANCE NO. 0-95-27 - Amending Occupational License Fees for Manicurists and Cosmetologists (City Clerk Transmittal 11/3/95, 0-95-27) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II, SECTIONS 30-51 (11) AND 30- 51 (12) OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO OCCUPATIONAL LICENSE FEES, PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 10/25/95, Advertised 10/30/95, PH and Adoption 11/15/95) Name Address For Against Information Name Address For Against Information Name Address For Against Information QUASI-JUDICIAL HEARING SIGN-UP SHEET NOVEMBER 15, 1995 95.199 A. RESOLUTION NO~ R-95-63 - Acceptance of Minor Subdivision Plat for Fischer Industrial Park (Community Development Transmittal 11/8/95, R-95-63, Application, Plat Under Separate Cover, LDC Sections, P & Z Memo 10/20/95, Masteller Letter 11/2/95, Williams Memo 11/8/95) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR SUBDIVISION PLAT OF FISCHER INDUSTRIAL PARK, CONSISTING OF 4.53 ACRES, MORE OR LESS, LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Name Address For Against Information Name Address For Against Information Name Address For Against Information PUBLIC INPUT ON AGENDA ITEMS SIGN-UP SHEET NOVEMBER 15, 1995 REGULAR MEETING USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT HEARINGS WHICH HA VE THEIR OWN SIGNUPS SHEETS-TIME LIMIT OF 10 MINUTES PER SPEAKER Name: ~,:'/~A /~ ~ '/~.~ ~J~ ~"~'"~/~ -~ ,S T__~r-~ Address: ~ ~-" 4' /'/''~ Agenda Item No. and Title: ~..~'; Address: ~t. x..,.~ ~,<: Agenda Item No. and Title: Address: / ~":--' /~./~/~:":"..: :" ~.~. Agenda Item No. and Title: ~:.~ ~2/~ ,~ .... .. t ,-'~' C',,.~-q_~ Agenda Item No. and Title: 9 ..C, ~ © ~ Nme: ~'~'I Agenda Item No. ~d Title: ?F, 20 7 ~' : :, ', ;' q,~,, r ;: .... ............... .-y-: .......... ,~--: ............................................................. Nme: Agenda Item No. Address: ,Y't7 d ~/q'~/'/ X ~/~-- Agenda Item No. ~d. Title: ~~ ~ - ~ O~d ~ / 7~ ............. ........................... - .......................................... Ad,ess: ~oO ~~ o, o~ Agenda Item No. ~d Title: ~ ~ ~ z / D S Address: ~C~ t ;,..~t~:'~"~~ 1' ~-,~_~"? ~, ~ Y d~ess: genda Item No. ~d Title: Name: Address: Agenda item No. and Title: Name: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: 2 Name: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: Sarne~ Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: Name~ Address: Agenda Item No. and Title: Name~ Address: Agenda Item No. and Title: Name~ Address: Agenda Item No. and Title: iNTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SiGN-UP SHEET NOVEMBER 15, 1995 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHER WISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Name: Address: Subject: Address'.' Subject: Name: Address: Subject: Address: Subject: , ~'~ Address: /~ 7t~ A/, Ual' / · Subject: /~W~,. Name: Address: Subject: Name: Address: Subject: Name: Address: Subject: Name: Address: Subject: Name: Address: Subject: Name~ Address: Subject: Same~ Address: Subject: Same~ 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: 4 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 15, 1995 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA iTEMS MA Y 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-95-33) Mayor Firtion called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. No one was available for the Invocation. o ROLL CALL City Council Px~m; Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cmtwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel Koford City Attorney, Clifton McClelland, Jr. City Clerk, Kathryn O'Halloran Secretary, Linda Galley Regular City Council Meeting November 15, 1995 Page Two 95.196 95.197 95.198 AGENDA MODIHCATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-33) Mayor Firtion announced an addendum to the agenda "Sovereign Submerged Lands Easements" to be placed under New Business - Item F. MOTION by Corum/Cartwright Mr. Koford asked that we add an agenda item to the agenda under 13 New Business - Item F., Agenda Item No. 95.212 titled Sovereign Submerged Land Easements. ROLL CALL: Vice Mayor Camm - aye Mrs. Cartright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 PROCLAMATIONS AND/OR ANNOUNCEMENTS Plaque - Gregory Gore - Police Regjrement Board of Trustees - October 1989 through October 1995 Mayor Firtion presented a plaque to Gregory Gore. Plaque - Howard Goldst¢in - Planning and Zoning Commission - September 1992 througll October 1995 Mayor Firtion presented a plaque to Howard Goldstein. Co Proclamation - Neighborhood Cleanup Day - 12/9/95 - Sebastian Woman's Club - Alice Russell A~cepting 2 Regular City Council Meeting November 15, 1995 Page Three Mayor Firtion read and presented the proclamation to Alice Russell, Sebastian Woman's Club. 7. PUBLIC HEARINGs FINAL ACTION The normal order of business for public hearings (R-95-33) is as follows: Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · StaffPresentation ° Public Input ° StaffSummation · 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 City Council. 95.043 ORDILq. ANCE NO. 0-9_5-27 - Amending Occupational License Fees for Manicurists and Cosmetologists (City Clerk Transmittal 11/3/95, 0-95-27) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II, SECTIONS 30-51 (11) AND 30-51 (12) OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO OCCUPATIONAL LICENSE FEES, PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILiTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/25/95, Advertised 10/30/95, PH and Adoption 11/15/95) Mayor Firtion opened the public hearing at 7:10 p.m. and the City Attorney read Ordinance No. 0-95-27 by title only. Mr. Koford made a brief presentation for the benefit of all. Being no public input, the Mayor closed that part of the meeting at 7:12 p.m. Regular City Council Meeting November 15, 1995 Page Four MOTION by Cartwright/Halloran Move to adopt Ordinance 95-27. ROLL CALL: MOTION CARRIED 5-0 Mrs. Cartwfight - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye 8. QUASI-JUDICIAL HEARING Procedures for Quasi-dudicial Hearings as Follows (In accordance with R-95-39): Mayor Opens Hearing-Outlines Rules - Attorney Reads Ordinance or Resolution (if Applicable) Clerk Administers Oath Disclosure of Ex-Parte Communication Staff Presentation Applicant Presentation - 15 Minutes Inquiry of Applicant Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Proponents Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Opponents Informational Testimony- 3 Minutes or 10 Minutes if Representing 5 or More Closing of Public informational Period Staff Response and Summary - 10 Minutes Applicant's Rebuttal Presentation - 10 Minutes Board and Staff lnquiry Regular City Council Meeting November 15, 1995 Page Five 95.199 A. RESOLUTION NO. R-95-63 - Acceptance of Minor Subdivision Plat for Fischer Industrial Park (Community Development Transmittal 11/8/95, R-95-63, Application, Plat Under Separate Cover, LDC Sections, P & Z Memo 10/20/95, Masteller Letter 11/2/95, Williams Memo 11/8/95) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR SUBDIVISION PLAT OF FISCHER INDUSTRIAL PARK, CONSISTING OF 4.53 ACRES, MORE OR LESS, LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDiAN RIVER COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Firfion opened the quasi-judicial hearing at 7:15 p.m.; the City Attorney read Resolution No. R-95-63 by title only and the City Clerk swore in all those who intended to offer testimony. Ex-parte communication: Vice Mayor Corum stated she had spoken to the City Manager about this item. Mr. Koford noted that he had handed out a continuance of Page 20 in agenda. Memo dated November 9, 1995 from Timothy M. Williams, Esquire to Jan King pertaining to Fischer Industrial Subdivision. (Memo attached) Applicant Presentation: Randy Mosby, representing the applicant, explained the reason for this Minor Subdivision request and stated he is present to answer any questions. The City Attorney asked Mr. Mosby to confirm that the property is owned by Henry A Fischer that is included in the deed submitted in the agenda package. Mr. Mosby did so. Mr. Mosby spoke to entrance road, when platted will become public right-of-way. Regular City Council Meeting November 15, 1995 Page Six The City Attorney made the suggestion that the adoption of this resolution and the recording be conditioned on the execution of the deed. The Mayor closed the public information portion of the hearing at 7:20 p.m. MOTION by Corum/Cartwfight I move Council adopts Resolution R-95-63 based on the condition of having on record the execution of the deed on Page 21, circle, of the agenda package. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 9. CONSENT AGENDA All 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 - 10/25/95 Regular Meeting, 11/1/95 Workshop, 11/1/95 Regular Meeting 95.098 Craven Thompson & Associates, Inc. - Supplemental Agreement No. 6 - Conceptual Stormwater Management Master Plan (City Manager Transmittal 11/6/95, Supplemental Agreement) 6 Regular City Council Meeting November 15, 1995 Page Seven 95.188 C. Bid and Contract Award - Sod Delivery and Installation - March 2, 1996 through March 2, 1997 - R & R Turf Farms - Postponed from 10/25/95 to 11/1/95 - Placed on 11/15/95 by Request of Staff (Public Works Director Transmittal 11/7/95, Bid and Contract Documents, R & R Turf Letter 10/16/95) 95.200/ D. 94.249 Approve One-Year Extension of Annual Contracts for General Materials - Henry Fischer & Sons (General Fill and Road Stabilization) and L.I. Tree Service (Yellow Sand and Coquina Rock) (Public Works Director Transmittal 11/7/95, 12/21/95 Minutes Excerpt, LI Tree and Fischer Letters, 1994 Bid Documents, Tabulation and Agenda Transmittal) The City Manager read the consent agenda items. Items B and D were removed from the agenda at the request of the Mrs. Cartwright. MOTION by Cartwright/Halloran I move to approve Items A and C of the Consent Agenda. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0. Item B Discussion by Mrs. Cartwright. She asked if the City Attorney had reviewed this item and he replied that he would like to review this item and bring it back at the next meeting (December 6, 1995). MOTION by CartwrighffCorum I move to table Item B until our next meeting which is December 6, 1995. Regular City Council Meeting November 15, 1995 Page Eight ROLL CALL: Mayor Firtion Vice Mayor Corum Mrs. Cam~ght Mrs. Damp Mr. Halloran - aye - aye - aye - aye MOTION CARRIED 5-0. Item D Mayor Firtion recognized Mr. Hm'ry Thomas who questioned contracts and contractors and Sal Neglia who suggested this item should be bid. Mrs. Cartwright suggested that perhaps this item should be rebid. She questioned if the Council would be free to rebid this project. The City Attorney stated that it was his understanding this item was an annual bid and yes the council may rebid, and preferred to look at all the documents before he replied any further. Discussion followed relating to renewal and/or rebid. MOTION by Damp/Halloran I move that we recommend that the City Council move to renew the annual contract for general fill and road stabilization material as supplied by Henry Fischer and Sons and for yellow sand and coquina rock for roadway base course as supplied by L.I. Tree Service, Inc., for the period of December 21, 1995 to December 20, 1996. ROLL CALL: Vice Mayor Corum - nay Mrs. Camvfight - nay Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 3 - 2 (Corum & Cartwright - nay) Regular City Council Meeting November 15, 1995 Page Nine 10. PRESENTATIONS 95.201 A. Thomas C. Fritz - Indian River County Coun..c,i[ o!l Agillg - Community Coach Public Transportation I/la{late (fritz Letter) Ms. Carol Johnson, Community Relations Director spoke and introduced Mr. Thomas C. Fritz, Transportation Director. New schedules were distributed to the Council and it was also noted that an additional day was added to the schedule, also a provision to enable the people of Sebastian transportation to the airport or the shopping areas; among other accomplishments of the last four years. They also requested suggestions on how the area could be better served. TAPE I - SIDE II (7:50 p.m.) 95.202 B. James D. Chastain - Manager..~f Assessment Projects - Indian River County - E:~p~0Jte_{l Temporary Water Service an{l Participation in Future Assessment Program {Ci_ty Clerk Transmittal 11/6/95, Agre~msmt~) James Chastain gave a concise presentation to the City Council relating to water service extension within the City. The City Attorney felt that this is an agreement that the County should be a party to. He stated that there are items that should be worked out. Mr. Chastain stated that the County Attorney would confer with the City Attorney. The City Attorney suggested to Council that this item be tabled until something could be worked out with the County. MOTION by Corum/Cartwright I move that we table agenda item 95.202 until December 6. Regular City Council Meeting November 15, 1995 Page Ten ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - nay Mr. Halloran - aye Mayor Firtion - nay Vice Mayor Corum - nay MOTION FAILED 2 - 3 (Damp, Firtion, Corum - nay) The City Attorney reiterated his recommendation that the City not approve this agreement as stated. He suggested the Council authorize the County to enter into these agreements with the consent of the City and the Council authorize after the language is revised, that the City Manager be authorized to execute a consent on behalf of the City to the entry of these three agreement with the County. MOTION by Cartwright/Damp I'll so move. The City Attorney again stated that his suggestion to the Council that the agreement that is before the Council at this time - that Indian River County and the owners enter into that agreement and it should reflect that indication with the City of Sebastian consenting to the County to enter into the agreement. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye MOTION CARRIED 5-0. The City Manager asked for a point of clarification. He asked if he would be authorized to execute on behalf of the City or if each agreement would be presented to the Council. 10 Regular City Council Meeting November 15, 1995 Page Eleven 11. 95.203 The form will be revised and at that time it will come before the City Council to decide if they should be executed as a matter of course or whether they shall be approved on an individual basis. 1. Agreement - City of Sebastian and MGB Construction, Inc. Agreement - City of Sebastian and David R. & Bambi L. Simigran Agreement Between City of Sebastian and Jean and Herbert Simigran COMMITTI~F.~R~PORT$/RECOMMENDATIONS PLANNING AND ZONiNG COMMISSION - Interview and Appo[m Members (Community Development Transmittal 11/7/95, Applications, P & Z Memo 11/3/95, Sec. 10 ofR-94-51) Interview and Appoint to Regular Member Position - Three Year Term to Expire 11/98 - BQar6R¢commends Reappointme_ut.o£ H~rbert Munsart The City Council chose not to interview the applicants as they had been when they first applied. MOTION by Damp/Cartwright I move to reappoint Mr. Munsart to a three year full term to expire November 1998. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0. 11 Regular City Council Meeting November 15, 1995 Page Twelve 95.204 2. Interview and Aggoint ta Unexpired Regular Member Position - Vacated by Howard Goldsleirt- Teml to Expire 4196 - Board Recommends Appointment o£Jean Brantmeyer MOTION by CartwrightYHalloran I move to appoint Jean Brantmeyer to fill the position of regular member term to expire April 1996. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0. 95.205 Interview and Appoint to Alterga~ Member Position - Three Year Term to Expire 11/98 - Board Rec,.omrnends Reappoint Shirley I~ilkelly MOTION by Damp/Cartwright I move that reappoint Shirley Kilkelly to an alternate position expiring November 1998. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0. Regular City Council Meeting 12 November 15, 1995 Page Thirteen 95.206 4. 12. 95.056/ 94.220 With Concurrence of City Attorney - Interview and Appoitlt_ Alternate to Replace Jean Branrmrffer - Unexpired Term to Expire 1/96- Board Recommends Robert Pljska MOTION by Cartwright/Damp I move to appoint Robert Pliska to the Alternate Position, unexpired term to expire January, 1996. ROLL CALL Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0. Mayor Firtion stated that on December 2nd a planning and zoning expert will be in the City Council Chamber for a seminar for all of the planning and zoning board members. It will commence at 8:00 a.m. and he encourages anyone from the public to participate. OLD BUSINESS RESOLUTION NO. R-95-62 - ISS Golf Course Maintenance Contract Revision - Tabled From 10/25/95 (City Manager Transmittal 10/19/95, R-95-62, Original Contract w/Revised Pages 2 & 3) - Motion Required to Remove from Table A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE SEPTEMBER 16, 1994 CONTRACT BETWEEN THE CiTY OF SEBASTIAN AND ISS LANDSCAPE MANAGEMENT SERVICES, INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 13 Regular City Council Meeting November 15, 1995 Page Fourteen MOTION by Cartwright/Damp I move to remove this from the table. 95.179 VOICE VOTE CARRIED 5-0. The City Attorney read Resolution No. R-95-62 by title only. MOTION by Corem/Damp i move to remove Resolution No. R-95-62 from the agenda. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Firtion - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0. The Mayor noted that there were a number of people signed up to be heard on item A but due to the fact the item was withdrawn there was no need to hear them at this time. Consider_(3911' Cgurse Equipment Replacement Program for Current Bladget Year (City Manager Tjzitll~ittal 11/6/95) Mr. Koford explained the reason for this item and the purchase of new equipment for the golf course. He noted that the continuation of repairs to the existing equipment, as opposed to replacement, with new or better used equipment can not be justified. If this is not accomplished at the end of the five year maintenance contract the golf course would not have the minimum required equipment. Mayor Firtion recognized Frank Oberbeck. Mr. Koford noted that $75,000 was put into the golf course fund to balance the budget. With this Mr. Oberbeck questioned whether the public was being over taxed to generate an enterprise fund. Mr. Koford spoke to the subject of the bond covenant. 14 Regular City Council Meeting November 15, 1995 Page Fifteen There was a great deal of discussion relating to the contract, repair, replacement of equipment. Vice Mayor Corum and Mrs. Cartwright suggested this item be rebid. TAPE ii - SIDE I (8:45 P.M.) MOTION by Damp/Corum I want to move to authorize the staff to proceed with the recommend equipment replacement program for the cun'ent budget year. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - nay Mrs. Cartwright - nay Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 3-2 (Corum, Cartwright - nay) City Council recessed at 8:45 p.m. and resumed at 9:00 p.m. All members were present. 95.028 RESOI,LIIiON biO. R-95-24 - Native Tree List - Tabled From 10/25/95 for Recommendation from Tree Advisory Board (Community Development Transmittal 11/7/95, R-95-24) Motion Required to Retnove from Table A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE TREES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Cartwright/Halloran I move that we remove Resolution R-95-24 from the table. VOICE VOTE CARRIED 5-0. 15 Regular City Council Meeting November 15, 1995 Page Sixteen The City Attorney read the Resolution by title only. MOTION by Cartwright/Corum I move to adopt Resolution 95-24. Vice Mayor Corum noted that a memo was presented to the Council this evening presenting a page that was omitted from the agenda package. She noted that this was a list of trees to be added to the home owners packages. Mrs. Corian requested that her second be amended to state: to include the list of trees native to Florida but not Indian River County likely to adapt to Indian River County, temperate trees native to north Florida not well suited to Indian River County and trees native to south Florida not well suited to Indian River County. Also the deletion of the Royal Palm Tree (Roystonea Elata). Mrs. Cartwright and Vice Mayor Corum both withdrew the motion and the second due to discussion. MOTION by Cartwright/Corum I move to adopt Resolution 95-24. ROLL CALL Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0. 16 Regular City Council Meeting November 15, 1995 Page Seventeen MOTION by Corem/Damp on the recommendation of the City's Tree Advisory Board - add to the tree homeowners package 3 lists: 1. Trees native to Florida but not Indian River County likely to adapt to Indian River County conditions. 2. Temperate trees native to north Florida not well suited to Indian River County. 3. Trees native to south Florida not well suited to Indian River County. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Ivh-s. Cartwright - aye MOTION CARRIED 5-0. 95.041 Do Greiner and Assg~iat~s - Supplemental Agreement#2 - Postponed from 10/25/95 Agenda to 11/1/95 and then Tabled to 11/15/95 Agenda (City Mallager Transmittal 11/6/95, Supl~lcme~ntal Agreement) - Motion ~quired to Remove frotn Table MOTION by Cartwfight~alloran I move to remove D Greiner and Associates Supplemental Agreement #2 from the table. VOICE VOTE CARRIED 5~0. Mr. Koford noted that there had been language changes and explanations to be made. This item deals with Greiner's continuation of up-grading the airport in accordance with the airport master plan and the renovation of runway 4-22. It was noted that the up-grade of the lighting was not included in this supplement. The City Attorney stated that page Circle 186 sets out the services and the Council is asking for execution of the contract. 17 Regular City Council Meeting November 15, 1995 Page Eighteen MOTION by Corum/Damp I move to Deny Supplemental Agreement #2 to Greiner Engineering. The Vice Mayor noted that DOT never signed off on this plan, therefore the City will not be receiving funds from DOT to complete the master plan as is. Until DOT accepts the master plan the City should not start improvements. Mrs. Cartwright agreed and stated that a workshop was to be scheduled with Greiner for clarification. Mr. Koford stated that he did not know why the DOT did not approve the plan. DOT has provided and the City has accepted the offer to reconstruct 4-22. This is why this item appears before the council. He is asking for approval of the agreement and bring back to the council the projects Greiner should proceed. ROLL CALL: Mr. Halloran - nay Mayor Firtion - nay Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - nay MOTION FAILED (Halloran, Firtion, Damp - nay) MOTION by Cartwright/Corum I move we postpone the item until we hem' from Greiner. ROLL CALL: Mayor Firtion - nay Vice Mayor Corum - aye Mrs. Cm'twright - aye Mrs. Damp - nay Mr. Halloran - aye MOTION CARRIED 3 - 2 (Firtion & Damp - nay) 18 Regular City Council Meeting November 15, 1995 Page Nineteen 95.186 E. Bid Waiver - Asphalt Recycling, Inc. - Grind a~_d OiLInj~ct l~nglar Drive Between Schumann Drive and George Street - Sole Source - Not tfl t~7~¢e¢cI $30,000,00 - Denied Until Staff Reports Back w/ Further Irffo~xnation at 10/25/95 Meeting (Public Works Transmitla! 11/8195, ~¢hueberg Memo 10/31/95, Reland Letter 11/3/95, Votal~ka Memo 11/8/95, Agenda Transmittals, Pine Street Letters) Mr. Halloran commended Mr. Votapka on his research. MOTION by Damp/Halloran I move to waive the bidding procedure and award the asphalt and base recycling for 4,000 lineal feet of road for Englar Dr., to Asphalt Recycling. To be added to the Motion - Not to exceed $30,000. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0. 95.207/ 95.187/ 95.189 Sele~ti911 for Bid Procedures - Englar Drive Bil~epa0a, Barber Street Sports Complex, Golf Course Gait Path (City Manager Transmittal 11/6/95, Exce. rl~t.o£ !0/.25/95 Minutes) The Mayor recognized the following: Tom Cullum, and Frank Oberbeck. The City Manager alerted the Council to a change in the law pertaining to the bidding process; due to the change, he has presented two options for the benefit of the council. 19 Regular City Council Meeting November 15, 1995 Page Twenty TAPE II - SIDE II (9:30 p.m.) MOTION by Damp/Halloran I move we reject all bids for the Barber Su'eet Sports Complex. (Halloran added - as previously submitted - Damp agreed.) ROLL CALL: Mrs. Cartwright - nay Mrs. Damp - aye Mr. Halloran - aye Mayor Fi~Xion - aye Vice Mayor Corum - nay MOTION CARRIED 3 - 2 (Cartwright, Corum - nay) There was a lengthy discussion among the Council Members followed relative to a loan to the golf course, additional cost of equipment for the golf course, reserve funds, change of capital improvement projects, specifications for cmxpath bid, drainage problems, cost of project, etc. MOTION by Comm/Cartwright I move to deny the authorization to add the golf cart project to this agenda item 95.207, 95.187 and 95.189. ROLL CALL: Mrs. Damp - nay Mr. Halloran - aye Mayor Firtion - nay Vice Mayor Corum - aye Mrs. Cartwfight - aye MOTION CARRIED 4 - 1 (Firtion - nay) MOTION by CartwrightY I move to direct staff to readvertise as soon as possible for the Englar Street and Barber Street Sports Complexes, separately, as indicated in option 20 Regular City Council Meeting November 15, 1995 Page Twenty One Discussion followed whether Options should be a separate motion. It was decided that a separate motion would be in order. Mrs. Cartwright withdrew reference in motion to Option B and Mr. Halloran seconded the motion at this time. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum o aye Mrs. Cartwfight - aye Mrs. Damp - aye MOTION CARRIED 5-0. MOTION by Cartwright/Corum I move to select option B advertise as two separate projects: the Barber Street Sports Complex remaining to be completed within 30 days after receiving authorization fi'om the City and Item B the Englar Street project. ROLL CALL: Mayor Firtion - nay Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 4 - I (Firtion - nay) 21 Regular City Council Meeting November 15, 1995 Page Twenty Two 13. NEW BU$IN_F~$~ 95.180 A. ORDISANC~E NO. 0-95-28 - Exchange of Real Property by the City of Sebastian (City Manager Transmittal 11/1/95, 0-95-28 1st. Reading, Set Public Hearing 12/6/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 2-93 OF THE CODE OF ORDINANCES OF THE CiTY OF SEBASTIAN, FLORIDA; TO AUTHORIZE THE CITY OF SEBASTIAN EXCHANGE OF REAL PROPERTY WITH OTHER PARTIES; PROVIDING FOR THE REVISION OF THE PROCEDURES ON THE CONVEYANCE OF REAL PROPERTY IN ABANDONMENT OF REAL PROPERTY INTEREST IN CITY OWNED PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Read Ordinance No. 0-95-28 by title only. MOTION by Halloran/Cartwright I move to accept the first reading and set the public heating for 12/6/95 on Ordinance O-95-28. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0. 22 Regular City Council Meeting November 15, 1995 Page Twenty Three 95.208 B. Sebastian River Area Little League, Inc. - Request to Change Lease Dates to "December 1 through July 31" - Direct City Attorney (City Manager Transmittal 11/6/95, Lease and Ist Amendment to Lease) Mayor Firtion recognized Nancy Diamond stated that approximately 600 hundred children are anticipated this season and Little League would like to extend their lease to start December St. A very lengthy discussion followed. Mrs. Corum recommended three changes for the Little League, the Panthers and the Soccer Association, Number 1 is an "escape clause", Number 2 would be for a 5 year each, and Number 3 a rent and concession agreement among the various groups as opposed to verbal agreements. TAPE III - SIDE I (10:15 p.m.) The City Attorney brought to the attention of the Council that the Little League is now asking for a change of dates and they would have to agree to a reduction in time. He recommended that the City have escape clauses in the leases due to the rapid changes taking place in the City. He noted the various reasons for an escape clause. Discussion among the Council Members followed. Mayor Firtion again recognized Nancy Diamond, Rene Van de Voorde, Attorney for the Little League, and Maura Raborn, Panthers representative. MOTION by Cartwright/Comm Motion to extend the meeting to 11:00 p.m. if needed. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Mrs. Cartwright ~ aye MOTION CARRIED 5-0. 23 Regular City Council Meeting November 15, 1995 Page Twenty Four Discussion followed changing the lease, concession stand, equipment, written agreement on use of the concession stand, escape clause, 5 year contract, etc. Mr. Rick Sweeny, President of Sebastian Soccer, asked that this lease be not held up as they have been waiting 8 months for this lease. MOTION by Cartwright/Corum I move that we direct the City Attomey to change paragraph 6A and 1 lB to reflect the proposed or the requested lease change per their request just as it is in the book. (Little League). Mrs. Cartwright noted that this is the existing lease. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - nay Vice Mayor - aye Mrs. Cartwright - aye MOTION CARRIED 4 - 1 (Firtion - nay) 95.209 Sebastian Soccer Association. Inc. Lease Agreement - Barber Street Sports Comgl~?~_North (!_:'[tblJc g/or}is Director Iransmittal 1 !/8/95 Agreement) MOTION by Cartwright/Damp I recommend that the City Council approve the lease for the Sebastian Soccer Association on the condition that the City Attorney bring back an amendment regarding the escape clause. Mrs Cartwright withdrew her motion and Mrs Damp agreed. A lengthy discussion relating to the escape clause followed and no definitive action was taken. 24 Regular City Council Meeting November 15, 1995 Page Twenty Five Item F was addressed at this time. 95.212 F. Sovereign Submerged Lands Easement (Addendum 11/14/95, Letter from Smithson 11/2/95, Notice 11/2/95, 2 Original Easements w/Maps, 22 Pages) MOTION by Corum/Damp Move to authorize the Mayor to execute on behalf of the City and the City Clerk to attest two original easements and return to Department of Environmental Protection on agenda 95.212. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0. The following items were not addressed and will be carried to the December 6, 1995 Regular Meeting agenda along with the Sebastian Soccer Lease. 95.210 Sebastian Panthers, Inc. Lease ~.Agreement - Barber Street Sports Complex South (Public Worlq~ Director Transmittal 11/8/95 Agreement) 95.211 Sebastian_Panthers - Barber Street Sports Complex Expansion anal Schumann Football Field (City Manager Transmittal 11/6/95, Panthers Agenda Package) 14. INTRODUCTION OF NEW BU$IbI]~$S FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker 25 Regular City Council Meeting November 15, 1995 Page Twenty Six 15. 16. 17. 18. CITY COUNCIL MATTERS A. Vice Mayor Carolyn Corem B. Mrs. Louis~ Cartwright C. Mrs L NQrma Damp D. Mr. Raymond Halloran E. Mayor Arthur Firtion CITY ATTORNEY M~'[TI~RS CITY MANAGER MATT. ERS Mayor Firtion adjourned the Regular Meeting at 11:00 p.m. Approved at the ~d~z..~z~, _.---- ~ , 1995, Regular City Council Meeting. Arthur L. Firtion, Mayor Kathryn M~. O Halloran, CMC/AAE City Clerk 26