HomeMy WebLinkAbout12211994 City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 21, 1994 - 7:00 P.M.
crI'Y 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.
lndividuaL~ shall addres.¥ [he City CoLmcil with resl)ect to agenda items immediately
prior m deliberation qf ~he item by tl/e City Council ~f they have signed the sign-up
sheet provided prior to the meeting - limit ~¢'ten minutes per speaker (R-93-19)
1. CALL TO ORDER
94.293
94.285
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Police Chaplain Robert Vollmar
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).
PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Presentation of Plaque - Mickey Capp -
Construction Board - (December 1987 - September
1994)
present
Arbor Day Proclamation - Vice Mayor Corum
Accepting
94.282
7. QUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows
(In accordance with R-94-54):
- Mayor Opens Hearing
- Clerk Administers Oath
- Staff Presentation
- Affected Parties May Question Staff
- Applicant's Presentation - 15 Minutes
- Proponents' Presentation - 3 Minutes*
- Inquiry of Applicants
- Opponents' Presentation - Affected 15 Minutes -
Other 3 Minutes*
- Inquiry of Opponents
- Informational Testimony - 3 Minutes*
- Inquiry of Informational Witnesses
- Mayor Closes Public Information Period
- Staff Response and Summary
- Applicant's Rebuttal - 10 Minutes
- Board and Staff Inquiry
*If representing group of 5 or more - may take up to
10 minutes
ORDINANCE NO. O-94-14 - Comprehensive Land Use
Plan Amendment - Altier/Flood/Danner (O-94-14,
Map, Application for Land Use, P & Z
Recommendation dated 10/21/94, CLUP 1-1.2,
Boling Letter 11/1/94, Asher Letter 10/28/94,
LDC 20A-11.8C, LDC 20A-11.6C, CG District
Regulations, CLUP 1-2.2.3)
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING ORDINANCE NO.
O-91-17; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP
FROM INDIAN RIVER COUNTY M-2 DISTRICT (MULTI-FAMILY,
10 UNITS PER ACRE) TO CITY CG DISTRICT (COMMERCIAL
GENERAL) FOR LAND LOCATED IN THE NORTH CENTRAL
SECTION OF THE CITY. SUBJECT LAND IS COMPRISED OF
THREE PARCELS WHICH TOTAL 4.0 ACRES, MORE OR LESS,
LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERN
MOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE
WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING
GRANT LINE, AND IS APPROXIMATELY 288 FEET NORTH OF
THE SEBASTIAN CEMETERY.
2
94.203
94.294
94.295
94.286
94.287
94.296
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.
Approval of Minutes - 11/9/94 Regular Meeting,
11/16/94 Regular Meeting, 11/21/94 Special
Meeting, 12/9/94 Special Meeting
Bid Award - Annual Contract for Utility Sites
Mowing and Grounds Maintenance - Palm Bay Lawn
Service and Landscaping - $11,988 (Utilities
Director Transmittal dated 11/21/94, Bid
Tabulation, Proposed Contract w/Attachments)
Bid Award - Annual Contracts - General Material
(Engineering/Public Works Transmittal dated
12/12/94, Bid Tabulation, Bid Documents)
1. General Fill - Henry Fischer & Sons - $2.98 Yd
2. Road Stabilization - Henry Fischer & Sons -
$3.00 Ton
3. Yellow Sand - L.I. Tree Service - $4.49 Yd
4. Coquina Rock - L.I. Tree Service - $6.95 Ton
5. Clay - Melbourne Sand/Trans Agg - $14.90 CY
Bid Award - Annual Contract - Trash Hauling -
city Vegetation - Henry Fischer and Sons, Inc. -
$4.80 CY (Engineering/Public Works Transmittal
dated 12/13/94, Bid Tabulation, Bid Documents)
Fleming Street Bridge Reconstruction Bids - Sieg
& Sons, Inc. - $69,900.00 (City Manager
Transmittal dated)
Fe
Bid Waiver - Purchase Ten 1995 DS Electric Club
Cars - $23,600 (Golf Course Transmittal dated
11/28/94, Chandler Letter, Quote, Budget)
Bid Waiver - Police Vehicles - Purchase Five (5)
1995 Chevrolet Caprice - Four Door Sedans - Jerry
Hamm Chevrolet, Inc. - $78,695.00 (City Manager
Transmittal dated 12/7/94, Chief of Police Memo
dated 12/5/94)
94.297
94. 123
94.184
94.298
Reject Ail Bids for Asphalt Patch Material
(Engineering/Public Works Transmittal dated
12/13/94, Bid Tabulation)
Grant of Easement to Bellsouth Communications,
Inc. - Lot 2, Block 12, Sebastian Highlands Unit
1 (City Clerk Transmittal dated 12/8/94, Grant of
Easement)
RESOLUTION NO. R-94-65 - Modification #1 to
Statewide Mutual Aid Agreement (City Manager
Transmittal dated 11/14/94, Modification #1)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE STATEWIDE MUTUAL AID
AGREEMENT FOR CATASTROPHIC DISASTER RECOVERY AND
RESPONSE BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT,
INDIAN RIVER COUNTY AND ITS MUNICIPALITIES;
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN,
ON BEHALF OF THE CITY, MODIFICATION #1 TO THE
STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC
DISASTER RESPONSE AND RECOVERY; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-94-67 - Vacation of Easement
(City Clerk Transmittal dated 12/13/94, R-94-67,
Application, Survey, Letters of No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE WEST FIVE FEET OF THE EAST TWENTY
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT 8,
BLOCK 574, SEBASTIAN HIGHLANDS UNIT 17, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PBI 8-46 TO 46P, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND
PROVIDING AN EFFECTIVE DATE.
4
94.299
94.300
94.301
94.302
RESOLUTION NO. R-94-68 - Vacation of Easement
(City Clerk Transmittal dated 12/13/94, R-94-67,
Application, Survey, Letters of No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE NORTH FIVE FEET OF THE SOUTH TWENTY
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT 30,
BLOCK 494, SEBASTIAN HIGHLANDS UNIT 15, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PBI 8-44B, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND
PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. R-94-69 - Vacation of Easement
(City Clerk Transmittal dated 12/13/94, R-94-67,
Application, Survey, Letters of No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE SOUTH FIVE FOOT PUBLIC UTILITY AND
DRAINAGE EASEMENT OF LOT 15, BLOCK 114, SEBASTIAN
HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 6-87, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE
DATE.
RESOLUTION NO. R-94-70 - Vacation of Easement
(city Clerk Transmittal dated 12/13/94, R-94-67,
Application, Survey, Letters of No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE NORTH FIVE FOOT PUBLIC UTILITY AND
DRAINAGE EASEMENT OF LOT 16, THE SOUTH FIVE FOOT
PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 16, AND
THE NORTH FIVE FOOT PUBLIC UTILITY AND DRAINAGE
EASEMENT OF LOT 17, BLOCK 114, SEBASTIAN HIGHLANDS
UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 5-35, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
Jeanne M. Gagnon - Request Removal of Specimen
Tree - Lot 8, Block 44, Unit 2, Sebastian
Highlands - One 21" Oak (Director of Community
Development Transmittal dated 11/29/94,
Application, Plot Plan)
94.303
94.304
94.291
10.
11.
12.
13.
14.
Pelican Island Preservation Society - Request Use
of Riverview Park - Pelican Island National
Wildlife Refuge - 92nd Anniversary Celebration -
3/12/95 - 9 am to 4 pm - Electricity and Standard
Conditions (Director of Community Development
Transmittal dated 12/8/94, Davies Letter dated
12/6/94)
Sebastian River Art Club - Request Use of
Riverview Park - 2/18/95 and 2/19/95 - Standard
Conditions (City Clerk Transmittal dated
12/13/94, Rousseau Memo dated 12/13/94, City
Clerk Letter dated 11/23/94, McAllister Letter
dated 11/21/94)
PRESENTATIONS - None
COM~MITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS - None
NEW BUSINESS
RESOLUTION NO. R-94-66 - Designate Hardee Oak
an Historic Tree (City Clerk Transmittal dated
11/30/94, R-94-66)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DESIGNATING THE "HARDEE OAK TREE"
(QUERCUS VIRGINIANA) LOCATED ON MAIN STREET BETWEEN
U.S. HIGHWAY ONE AND INDIAN RIVER DRIVE AS AN
HISTORIC TREE IN ACCORDANCE WITH SECTION 20A-14.4 OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
CITY COUNCIL MATTERS
A. Mr. Frank Oberbeck
B. Mayor Arthur Firtion
C. Vice-Mayor Carolyn Corum
D. Mrs. Norma Damp
E. Mr. Robert Freeland
15. CITY ATTORNEY MATTERS
16. 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.
PUBLIC iNPUT ON AGENDA ITEMS SiGNI~ SHEET
DECEMBER 21, 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)
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
INTRODUCTION OF NEW BUSINESS
FROM'. THE PUBLIC
SIGN~ SHEET
DECEMBER 21., 1994 REGULAR CITY COUNCIL MEETING
(Use this form ONLY for presentation of NEW matters NOT on the
prepared agenda.
NAME: ~ ~ /~ //
ADDRESS: '/,,
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
QUASI-JUDICiAL HEARING SIGN-UP SHEET
DECEMBER 21, 1994 REGULAR MEETING
94.282 A.
ORDINANCE NO. O-94-14 - Comprehensive Land Use
Plan Amendment - Altier/Flood/Danner
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA; PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE
PLAN; AMENDING ORDINANCE NO. O-91-17; AMENDING THE COMPREHENSIVE
LAND USE PLAN MAP FROM INDIAN RIVER COUNTY M-2 DISTRICT (MULTI-
FAMILY, 10 UNITS PER ACRE) TO CITY CG DISTRICT (COMMERCIAL
GENERAL) FOR LAND LOCATED IN THE NORTH CENTRAL SECTION OF THE
CITY. SUBJECT LAND IS COMPRISED OF THREE PARCELS WHICH TOTAL 4.D
ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE
NORTHERN MOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE
WEST BY U.S. l, BORDERED ON THE EAST BY THE FLEMING GRANT LINE,
AND IS APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY.
Please use this form only for input on the above public hearing
item.
NAME:
ADDRESS' /
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 21, 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)
Mayor Firtion called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Police Chaplain, Robert
Vollmar.
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,
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
Jr.
Regular City Council Meeting
December 21, 1994
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONSk -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
The City Manager requested that items D and E be
deleted from the consent agenda, that the bids be
rejected and rebid; and that the exact location of
the grant of easement be inserted in consent agenda
item I. City Council concurred.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
94.293
Presentation of Plaque ~ Mickey Capp ~
Construction Board - (December 1987 - September
1994)
Mayor Firtion read and presented the plaque to Mickey
Capp.
94.285
Arbor Day Proclamation - Vice Mayor Corum
Accepting
Mayor Firtion read and presented the proclamation to
Vice Mayor Corum. Vice Mayor Corum urged citizens to
plant trees on Arbor Day and recognized the Sebastian
Junior Women's Club, Friends of the St. Sebastian
River, and Pelican Island Garden Club.
7. QUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows
(In accordance with R-94-54):
- Mayor Opens Hearing
- Clerk Administers Oath
- Staff Presentation
- Affected Parties May Question Staff
- Applicant's Presentation - 15 Minutes
- Proponents' Presentation - 3 Minutes*
- Inquiry of Applicants
- Opponents' Presentation - Affected 15 Minutes -
Other 3 Minutes*
- Inquiry of Opponents
- Informational Testimony - 3 Minutes*
- Inquiry of Informational Witnesses
- Mayor Closes Public Information Period
- Staff Response and Summary
- Applicant's Rebuttal - 10 Minutes
- Board and Staff Inquiry
2
Regular City Council Meeting
December 21, 1994
Page Three
*If representing group of 5 or more - may take up to
10 minutes
94.282 A.
ORDINANCE NO. 0-94-14 - Comprehensive Land Use
Plan Amendment - Altier/Flood/Danner (O-94-14,
Map, Application for Land Use, P & Z
Recommendation dated 10/21/94, CLUP 1-1.2,
Boling Letter 11/1/94, Asher Letter 10/28/94,
LDC 20A-11.8C, LDC 20A-11.6C, CG District
Regulations, CLUP 1-2.2.3)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING ORDINANCE NO.
O-91-17; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP
FROM INDIAN RIVER COUNTY M-2 DISTRICT (MULTI-FAMILY,
10 UNITS PER ACRE) TO CITY CG DISTRICT (COMMERCIAL
GENERAL) FOR LAND LOCATED IN THE NORTH CENTRAL
SECTION OF THE CITY. SUBJECT LAND IS COMPRISED OF
THREE PARCELS WHICH TOTAL 4.0 ACRES, MORE OR LESS,
LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERN
MOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE
WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING
GRANT LINE, AND IS APPROXIMATELY 288 FEET NORTH OF
THE SEBASTIAN CEMETERY.
Mayor Firtion opened the quasi-judicial hearing at
7:10 p.m. The city Clerk placed under oath all those
who intended to present testimony.
The Director of Community Development gave a brief
presentation on the application for amendment to the
comprehensive land use plan to commercial general,
advised that there is also an application for
annexation and rezoning, noted Planning and Zoning
recommendation for approval, and that the purpose of
this hearing is for transmittal to Department of
Community Affairs for review and comment.
Evelyn Davis, 12985 74th Court, Indian River County,
objected to the proposed amendment, suggested a
barrier to the adjacent residential areas and an
alleyway for a Florida Panther sighted in the area,
if ultimately approved.
Rene Van de Voorde, legal counsel and representative
of the applicants, addressed City Council on the
proposed comprehensive land use plan amendment.
3
Regular City Council Meeting
December 21, 1994
Page Four
The City Attorney submitted a letter from St.
Sebastian Catholic Church. The letter was accepted
as Exhibit A.
Mayor Firtion closed the public hearing at 7:28 p.m.
The City Attorney read the letter from St. Sebastian
Catholic Church into the record.
The Director of Community Development reiterated
staff recommendation.
TAPE I - SIDE II (7:32 p.m.)
Mr. Oberbeck inquired about the location of the
subject property.
Mr. Van de Voorde said the property owners have no
plans for adult entertainment or alcoholic beverages
nor are there any other plans as yet.
MOTION by Oberbeck/*Freeland
I would move to approve the transmittal of
Ordinance No. O-94-14 to the Department of Community
Affairs and establish the intention to hold a second
public hearing after we receive the DCA's comments.
The City Attorney read Ordinance No. O-94-14 by title
only.
* Mr. Freeland seconded the motion.
Vice Mayor Corum requested that an overhead be
available for the public's benefit for all quasi-
judicial hearings, expressed concern for utility
needs, and said she had discussed notice procedures
with Mrs. Davis.
Mr. Freeland inquired about Stan Boling's statement
relative to utilities.
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
December 21, 1994
Page Five
94.203
94.294
94.295
94.286
94.287
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)
John Kanfoush, 1437 Seahouse Street, Sebastian, said
City workers fixed one pothole on his street but
missed others.
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 - 11/9/94 Regular Meeting,
11/16/94 Regular Meeting, 11/21/94 Special
Meeting, 12/9/94 Special Meeting
Bid Award - Annual Contract for Utility Sites
Mowing and Grounds Maintenance - Palm Bay Lawn
Service and Landscaping - $11,988 (Utilities
Director Transmittal dated 11/21/94, Bid
Tabulation, Proposed Contract w/Attachments)
Bid Award - Annual Contracts - General Material
(Engineering/Public Works Transmittal dated
12/12/94, Bid Tabulation, Bid Documents)
1. General Fill - Henry Fischer & Sons - $2.98 Yd
2. Road Stabilization - Henry Fischer & Sons -
$3.00 Ton
3. Yellow Sand - L.I. Tree Service - $4.49 Yd
4. Coquina Rock - L.I. Tree Service - $6.95 Ton
5. Clay - Melbourne Sand/Trans Agg - $14.90 CY
Bid Award - Annual Contract - Trash Hauling -
City Vegetation - Henry Fischer and Sons, Inc. -
$4.80 CY (Engineering/Public Works Transmittal
dated 12/13/94, Bid Tabulation, Bid Documents)
Bid Award - Fleming Street Bridge Reconstruction
- Sieg & Sons, Inc. - $69,900.00 (City Manager
Transmittal dated )
Bid Waiver - Purchase Ten 1995 DS Electric Club
Cars - $23,600 (Golf Course Transmittal dated
11/28/94, Chandler Letter, Quote, Budget)
Regular City Council Meeting
December 21, 1994
Page Six
94.296 G.
Bid Waiver - Police Vehicles - Purchase Five (5)
1995 Chevrolet Caprice - Four Door Sedans - Jerry
Hamm Chevrolet, Inc. - $78,695.00 (City Manager
Transmittal dated 12/7/94, Chief of Police Memo
dated 12/5/94)
94.297 H.
Reject Ail Bids for Asphalt Patch Material
(Engineering/Public Works Transmittal dated
12/13/94, Bid Tabulation)
94.123 I.
Grant of Easement to Bellsouth Communications,
Inc. - Lot 2, Block 12, Sebastian Highlands Unit
1 (City Clerk Transmittal dated 12/8/94, Grant of
Easement)
94.184 J.
RESOLUTION NO. R-94-65 - Modification ~1 to
Statewide Mutual Aid Agreement (city Manager
Transmittal dated 11/14/94, Modification #1)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE STATEWIDE MUTUAL AID
AGREEMENT FOR CATASTROPHIC DISASTER RECOVERY AND
RESPONSE BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT,
INDIAN RIVER COUNTY AND ITS MUNICIPALITIES;
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN,
ON BEHALF OF THE CITY, MODIFICATION #1 TO THE
STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC
DISASTER RESPONSE AND RECOVERY; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
94.298
RESOLUTION NO. R-94-67 - Vacation of Easement
(City Clerk Transmittal dated 12/13/94, R-94-67,
Application, Survey, Letters of No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE WEST FIVE FEET OF THE EAST TWENTY
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT 8,
BLOCK 574, SEBASTIAN HIGHLANDS UNIT 17, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PBI 8-46 TO 46P, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND
PROVIDING AN EFFECTIVE DATE.
6
Regular City Council Meeting
December 21, 1994
Page Seven
94.299 L.
94.300
94.301
RESOLUTION NO. R-94-68 - Vacation of Easement
(City Clerk Transmittal dated 12/13/94, R-94-68,
Application, Survey, Letters of No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE NORTH FIVE FEET OF THE SOUTH TWENTY
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT 30,
BLOCK 494, SEBASTIAN HIGHLANDS UNIT 15, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PBI 8-44B, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND
PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. R-94-69 - Vacation of Easement
(City Clerk Transmittal dated 12/13/94, R-94-69,
Application, Survey, Letters of No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE SOUTH FIVE FOOT PUBLIC UTILITY AND
DRAINAGE EASEMENT OF LOT 15, BLOCK 114, SEBASTIAN
HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 6-87, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE
DATE.
RESOLUTION NO. R-94-70 - Vacation of Easement
(City Clerk Transmittal dated 12/13/94, R-94-70,
Application, Survey, Letters of No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE NORTH FiVE FOOT PUBLIC UTILITY AND
DRAINAGE EASEMENT OF LOT 16, THE SOUTH FiVE FOOT
PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 16, AND
THE NORTH FiVE FOOT PUBLIC UTILITY AND DRAINAGE
EASEMENT OF LOT 17, BLOCK 114, SEBASTIAN HIGHLANDS
UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 5-35, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
7
Regular City Council Meeting
December 21, 1994
Page Eight
94.302 O.
94.303 P.
94.304 Q.
Jeanne M. Gagnon - Request Removal of Specimen
Tree - Lot 8, Block 44, Unit 2, Sebastian
Highlands - One 21" Oak (Director of Community
Development Transmittal dated 11/29/94,
Application, P10t Plan)
Pelican island Preservation Society - Request Use
of Riverview Park - Pelican Island National
Wildlife Refuge - 92nd Anniversary Celebration -
3/12/95 - 9 am to 4 pm - Electricity and Standard
Conditions (Director of .Community Development
Transmittal dated 12/8/94, Davies Letter dated
12/6/94)
Sebastian River Art Club - Request Use of
Riverview Park - 2/18/95 and 2/19/95 - Standard
Conditions (city Clerk Transmittal dated
12/13/94, Rousseau Memo dated 12/13/94, City
Clerk Letter dated 11/23/94, McAllister Letter
dated 11/21/94)
The city Manager read the consent agenda in its
entirety with the exception of items D, E and I,
which had been previously removed from the consent
agenda. Items D and E were deleted for rebid.
The City Attorney read titles for Resolutions No.
R-94-65, R-94-67, R-94-68, R-94-69 and R-94-70.
Mr. Oberbeck said he would vote on items L, M and N,
(vacation of easement) however, he would file a
voting conflict form since they are his properties.
(Only items M and N were Mr. Oberbeck's property)
Mrs. Damp withdrew A and O; Mr. Freeland withdrew H;
Vice Mayor Corum removed G.
MOTION by Corum/Oberbeck
I move Council approves items B, C, F, J, K, L,
M, N, P and Q of the consent agenda.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Regular City Council Meeting
December 21, 1994
Page Nine
Item A - Minutes
Mrs. Damp verified her phone call to the City Clerk
regarding the $500.00 donation from the Craft Club
for Riverview Park restroom "doors" in the 11/9/94
minutes. The city Clerk said it would be corrected.
MOTION by Damp/Oberbeck
I move for approval of 11/9/94 minutes and
approve item A.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Item G - Police Department Vehicles
Vice Mayor Corum suggested the City go out to bid for
a lesser price. The city Manager responded.
MOTION by Corum/Oberbeck
I move the approval of item G of the consent
agenda.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
item H ~ Reject Asphalt Patch Bids
Mr. Freeland noted that pothole repairs are
insufficient in the vicinity of Wentworth and Vocelle.
MOTION by Freeland/Oberbeck
I move to approve item H.
ROLLCALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
9
Regular City Council Meeting
December 21, 1994
Page Ten
Item I - Grant of Easement to Southern Bell
The City Manager requested that the exact location of
the grant of easement be indicated on the drawing and
the City Attorney concurred.
MOTION by Oberbeck/Freeland
I would move for the approval of item I subject
to the corrections as requested by the City Manager
and Attorney.
Mr. Freeland inquired when the landscaping will be
completed. It was the consensus of City Council that
the timeframe for landscaping can be an
administrative decision.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Item O
Mrs. Damp questioned whether there were two specimen
trees to be removed and the City Manager noted that
the oak next to the garage is a non-specimen tree and
was already removed.
TAPE II - SIDE I (8:02 p.m.)
MOTION by Damp/Oberbeck
I move that we approve item O, request for
removal of specimen tree.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
10. PRESENTATIONS
None.
10
Regular city Council Meeting
December 21, 1994
Page Eleven
94.291
11. COMMITTEE REPORTS/RECOMMENDATIONS
None.
12. OLD BUSINESS
None.
Mayor Firtion called recess at 8:05 p.m. and
reconvened the meeting at 8:10 p.m. Ail members were
present.
13. NEW BUSINESS
RESOLUTION NO. R-94-66 - Designate Hardee Oak
an Historic Tree (City Clerk Transmittal dated
11/30/94, R-94-66)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DESIGNATING THE "HARDEE OAK TREE"
(QUERCUS VIRGINIANA) LOCATED ON MAIN STREET BETWEEN
U.S. HIGHWAY ONE AND INDIAN RIVER DRIVE AS AN
HISTORIC TREE IN ACCORDANCE WITH SECTION 20A-14.4 OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Resolution No. R-94-66 by
title only.
MOTION by Oberbeck/Corum
I move for the approval of R-94-66.
Vice Mayor Corum inquired whether this was the first
specifically designated historical tree and the city
Clerk responded it was.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
11
Regular City Council Meeting
December 21, 1994
Page Twelve
14. CITY COUNCIL MATTERS
A. Mr. Frank Oberbeck
Mr. Oberbeck inquired about U.S. 1 median
landscaping, to which the city Manager responded the
work would begin in January and planting in March;
inquired whether the Cavcorp property site plan has
been reviewed, to which the City Manager responded
staff has reviewed options, needs to collect more
data, and suggested a sticker system for parking;
expressed concern about use of the entire Riverview
Park for events, to which the City Manager responded
staff is considering designating the eastern part as
strictly for family use; stated that a former Council
had budgeted funds for a stormwater master plan and
suggested a program be implemented soon, to which the
City Manager stated that monies lose their identity
if not appropriated and proposed that a consulting
engineer firm be hired to establish a plan to be
funded with user fees; and suggested that staff look
at overgrowth at Riviera and Roseland Road.
B. Mayor Arthur Firtion
Mayor Firtion reported on the Santa Sail-In and
commended John Malek and the Chamber of Commerce.
He then wished all a Merry Christmas and Happy New
Year.
C. Vice-Mayor Carolyn Corum
Vice Mayor Corum commended all involved with the
Winter Wonderland; suggested that the City order
seedlings for the two public schools within the City
limits in celebration of Arbor Day at a cost of
$90.00.
MOTION by Oberbeck/Freeland
I would move the request from Mrs. Corum with
regard to Arbor Day seedlings on the agenda.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
12
Regular City Council Meeting
December 21, 1994
Page Thirteen
MOTION by Corum/Freeland
I make a motion for Council to approve the cost
around $90.00 for 2000 seedlings through the
Department of Agriculture.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Vice Mayor Corum inquired about the proliferation of
signs in Riverview Park and Creative Playground and
suggested signs be combined; and suggested that golf
cart paths be installed.
D. Mrs. Norma Damp
Mrs. Damp inquired about lightning protection at the
Police Station and telephone system at City Hall, to
which the City Manager responded he received a report
on lightning protection today and will copy it to
City Council and that staff is ready to go out for an
RFP for a system.
E. Mr. Robert Freeland
Mr. Freeland wished everyone a Merry Christmas.
15. CITY ATTORNEY MATTERS
None.
16. CITY MANAGER MATTERS
17.
The City Manager reiterated he will be out on
December 22, 28 and 29 and wished all a Merry
Christmas.
Being no further business, Mayor Firtion adjourned
the Regular Meeting at 8:35 p.m.
13
Regular city Council Meeting
December 21, 1994
Page Fourteen
Appr~ed at the
Arthur L. Firtion, Mayor
O/~'Halloran, CMC/AAE
City Clerk
14
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
CITY
DATE ON W.H~ICH VOTE OCCURRED
COUNTY
NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE
THE BOARD, COUNCIL, COMMISS~N, AUTHORITY OR COMMI~EE ON
ERVE IS A UNIT OF:
~ COUNTY ~ OTHER LOCAL AGENCY
NAME OF ~LITIC~ SUB,~IS~N:
~IVE ~ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent
organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special
private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and
officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-inqaw, mother-in-
law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the
corporation are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However,
you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and
whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
'HE VOTE WLL BE TAKEN:
must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
* A copy of the form must be provided immediately to the other members of the agency.
o The form must be read publicly at the next meeting after the form is filed.
CE FORM 8B - 10-91 PAGE I