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Home My WebLink About01111995 122.5 MAIN RIDA 32958 TELEPHONE (407) 589-5330 ~ F (407) 589-5570 AGENDA SEBASTIAN'CITY COUNCH WEDNESDAY, JANUARY 11, 1995 - 7.00- P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND iNFORMATION ON ITEMS BEI~)W MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council wi~h respect w agenda items, i.rnme.&ately prior w deliberation of the i~em by the City Council if they have signea ~ne s~g shee~ provided prior w the meeting - limit often minu~es per speaker (R-93-]9) [. C/LLT. TO ORDER 2. PLEDGE OF ~LLEG~[~CE . 3. [I~OCATTOIq - Deacon Henk Tou$$a~n~ - S~. Sebas~xan Cal;ho[±c Church 4. ROLL CALL 5. ~argO~ ~O~XrZq~ZO~S ~ ~/O~ ~ 2~e~s no~ on ~J~e ~rz~en-- a~enda ]nay be added onTy upon unan.~r~ous con$en~ (.Re$o7tl~..~or~ Nc). ]~-93-7 9) . 009 A. Presentation o~ P~Laque - Plar~or~e Poo[e - Po[~ce O~2±cer$' Re~remen~ Board o~ Trustees PGS X-26 95.010/ 94.200 PGS 27-3 10. ll. 12. 7. ~ ~EARIN;~ ~ ACTION - None 8. INTRODUCT~I..0N OF NEW BUSINES~ ~y T~E ~ (Which is N~ Otherwise on the Agenda - By Resolution No. R-93-19 ~imit of Ten Minutes for ~ach Speaker) 9. ~ ~Ai1 items ' on the consent agenda are con, sldered to be routine and will be en. acted 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 12/21/94 Regular Meeting of Minutes - 12/7/94 Regular Meeting, I Approve Payment of Additional Asphalt Tonage for Barber Street Railroad Crossing - Dickerson of Florida, Inc. - $3,782.00 (Engineering/Public Works Transmittal dated 12/18/94, Invoice, Purchase Order, Requisition, 7/27/94 Minutes) PRESENTATIONS - None COMM~TEE REPORTS/RECOMMENDATIONS ~LD BUSINESS - None 13. 95.0il/ 94.180 PGS 33-36 14. NEW BUSINESS ae Interlocal Agreement Between Indian River County and City of Sebastian Re: Construction of Riverfront Water Project (City Manager Transmittal dated 1/6/95, Agreement) CITY COUNCIL .MATTERS A. MAyor Arthu[ Firtion B. Vice-Mayor C_C_~ ~ C. ~rs. Norm____~aDamD D. Mr. Robert Freel. and 2 ~.. Mr. Frank .Oberbeck 95.012 1. Special Use Permits (No Backup) 95. 013 2. Accessory BUildings- (No Backup) 15. CITY ~%TTORN~.~ MATT~S 16. ~ NANAGER 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. -' City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-,5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCTL WED~DAY, DECEMBER 7, 1994 - 6:00 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 TEE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLOR/DA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the ~ty 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. Moment of silence for Pearl Harbor Day. 4. ROLL CALL city Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum (6:25 Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck (6:12 p.m.)- 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 7, 1994 Page Two 5. AGENDA MODIFICATIONS ~ ~ND~R ~ - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-I9). The City Manager requested tabling item 9C to the December 21, 1994 regular meeting. City Council concurred. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 94.284 94.285 Presentation of ~ -_ ~ Gilcher - Past ~ _- ~]Lg_gD_q~ ~ ~- 7/91 t__o 11/94 Mayor Firtion presented a plaque to Edwin Gilcher and Mr. Gilcher addressed City Council. B. Proclama%ion - Arbor D_~y - 1/20/~,,5 Mayor Firtion said he had intended to have Vice Mayor Corum read the proclamation but since she had not yet arrived he placed the proclamation into the record. Mayor Firtion opened the quasi-judicial hearing on Indian River Tree Recycling and Mulch at 6:05 p.m and closed it immediately based on City Attorney advise that, since two City Council members were not as yet present, both quasi-judicial matters be passed over until their arrival. INTRODUCTION OF NEW ~ B__Y ~ ~ (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) David Costa, 499 Concha Drive, Sebastian, requested City assistance with piping his side culvert to enable him to maintain his yard. The City Manager responded that the side culvert referred to is actually frontage on a corner lot and due to a narrow width the incline is steep. He said the codes have no provision for pipe in a swale abutting a street and that he had advised Mr. Costa to contact his contractor to redesign the slope. It was the consensus if City Council that the slope be regraded and Mr. Costa was advised to meet with the Director of Community Development. 2 Regular City Council Meeting December 7, 1994 Page Three 94.260 Wally Kramer, Micco, urged City Council to address the scrub jays issue; and urged taxpayers to attend Indian River County Commission meetings. Walter Barnes, 402 Azine Terrace, Sebastian, urged adoption of new codes relative to building conditions. OUASI-~UDICIALHEARING 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 Ind..ian River Tree Re~yclin~ and Mulch ~ Request ~ ~e. cial Use Permit (Director of Community Development Transmittal dated 11/29/94, Application, 10/10/94 P & Z Memo, 8/30/94 Dietz Memo, 8/5/94 Boling Memo, 8/3/94 Petty Memo, 8/2/94 Johns Memo, Plans Under Separate Cover) Mayor Firtion opened the quasi-judicial hearing at 6:25 p.m. 3 Regular city Council Meeting December 7, 1994 Page Four The City Attorney advised City Council on its role in ~ the quasi-judicial hearing and in response to Mr. Freeland questions. The City Cler~ administered an oath to all those who intended to give testimony. The Director of Community Development presented staff's recommendation for the requested special use permit for a mulch facility in the industrial zoning district in Vickers Grove Subdivision; read from Section 20A-2.6 of the Land Development Code criteria for special use permit approval; stated that, subsequent to its hearing,.Planning and.Zoning recommended ~pproval for five years subDect to · meeting requirements of the noise ordinance, Fire Department and submission of a site plan pursuant to Article X of the Land Development Code; reiterated recommendations from other staff members, other governmental agencies and consulting engineer ~orry Johns as submitted in the agenda packet; recommended an emergency access be provided to the north onto Concord Avenue with a vegetative buffer or crash gate and that an additional .earth berm be installed on the north side adjacent to the Sebastian ~ighlands. Theresa Adams, 382 Concord Avenue, Sebastian, inquired whether staff had requested an EPA package and the Director of Community Development responded he had spoken with Mr. Sembler's office but had been advised that there was nothing specific that he could obtain from them. Mr. Oberbeck expressed concern for the difference in dates on plans submitted to various agencies during the review process. The Director of Community Development said there are no substantive revisions on any later plans. TAPE I - SIDE II (6:47 p.m.) Victor Williams, 358 Concord Avenue, Sebastian, inquired about the proposed location of the operation and mulch piles. The Director of Community Development pointed to the locations on the overhead, and said the distance from the stockpile area to Concord Avenue was approximately 200 feet. Regular city Council Meeting Dece~er 7, 1994 Page Five Attorney Warren Dill, representing applicant Henry A. Fischer and Sons, Inc. and Indian River Tree Recycling and Mul.ch, requested more than 15 minutes for his presentation. The city Attorney advised that the resolution requires the applicant to make his request for additional time to City Council. it was the consensus of City Council to extend ~he applicant's time to 45 minutes at this tlme. Mr. Dill presented the applicant's request for ~ special use Dermit to operate a temporary mulching f~cility for-five years on a site zoned industrial; said the use is not intended as permanent;.presented the site plan; reiterated Planning and Zoning recommended approval, said the proposed use meets .applicable technical requirements of the Land Developmen~ Code as well as requirements of a special use permit, objected, for the record, to the type of requ%rements found in Section 20A-2.6 because the section contains undefined standards; said that the facility ~ill meet and be below the city's noise standards, ~aid Fire and Police Department concerns will be met, and.explained the function and benefit of the mulch facility. . Randy Mosby, Mosby and A~sociates, testified to his background and education, further identified the site location and the function of the proposed facility; stated that debris piles are approximately 600 feet from C~ncord Avenue although there is a topsoil pile at a distance of 400 feet; read industrial zoning distric~ criteria from the Land Development Code and said this use is compatible with other uses allowed in the industrial district and meets the intent and purpose of the industrial district. Mr. Dill submitted Land Development Code Sections 20A-3.14 and 20A-2.5 to the City Clerk as Exhibit #1, and page 2 of 2 of the site plan dated 12/7/94 as Exhibit #2. The city Attorney advised that all . exhibits be submitted to the City Clerk and said that all documents submitted to City Council in its agenda packet will also be a part of the record. ¢ Regular City Council Meeting December 7, 1994 Page Six Mr. Mosby continued his testimony commenting on Fire Depar~ent letters dated August 9, 1994 and November 21, 1994, Horry Johns memo dated August 2, 1994, Chief Petty memo dated August 2, 1994, Bruce Cooper memo dated August 1, 1994 and letter dated August 10, 1994, Randy Mosby letters dated August 24, 1994 and November 25, 1994, and Stan Boling letter dated August 5, 1994. Mr. Mosby stated the nearest home within the City of Sebastian to the mulching equipment is approximately 600 feet, however, there are homes in Whispering Palms which are approximately 350 feet from the mulch debris piles .and another 50 feet to the equipment. Mr. Mosby said no state or county permits are required for this type of facility and reviewed the traffic study his firm conducted. Mr. Dill presented sheet I of 2 of the site plan as Exhibit #3. The City Attorney advised Mayor Firtion that he must rule on whether exhibits can be entered into evidence and, if applicable, City Council members may overrule that decision. Mayor Firtion received the documents into evidence and there was no objection. Mr. Mosby presented a cross section exhibiting the view from east to west, and stated, in his opinion, residents from Whispering Palms will not see the debris piles. Mr. Dill submitted the letters previously referred to by Mr. Mosby into evidence collectively as Exhibit ~4 (see previous page for list). Mayor Firtion received the documents into evidence and there was no objection. Mr. Mosby stated, in his opinion, the facility will have no detrimental effect on the public health, safety and welfare nor will it be detrimental or injurious to other property or improvements in the immediate vicinity, nor are there any technical reasons why the permit for five years should not be granted. Vice Mayor Corum inquired whether graphics were prepared exhibiting views from areas of Sebastian. Mr. Mosby said there were not and that no berm is planned between the lake and debris piles. 6 Regular City Council Meeting December 7, 1994 Page Seven TAPE II - SIDE I (7:36 p.m.) Mr. Oberbeck expressed concern about ~he lack of separation between mulch piles and use of mulching product for construction of the berm. victor Williams, 358 Concord Avenue, Sebastian, inquired about the location and consistency of the berm. Mr. Mosby responded that the berm will not be sodded. Mayor Firtion called recess at 7:40 p.m. and reconvened the meeting at 7:48 p.m. All members were present. Mayor Firtion called for a 15 minute extension for the applicant's presentation. City Council concurred. Robert Walker, Indian Lane, Veto Beach, Empire Engineering and Testing, Vero Beach, testified to his background and qualifications for sound measurements. Mr. Walker reviewed the results of a noise study he had conducted from four separate locations at the proposed facility and stated that the decibel levels were below the maximum allowed by City Code at each site and will be lower still once the berm is installed. Mr. Walker read from his letter to and response from Department of Environmental Protection (DEP) relative to any required permitting for this type of facility and said he had received a fax today from DEP stating that the equipment does not require an air pollution' permit. He then read from Florida Administrative Code for the DEP Sections 17-709.100, 17-709.200 (15) and 17-709.300 '(10). Mr. Dill introduced into evidence letters and fax referred to, noise report and sections of the Florida Administrative Code collectively as Exhibit ~5. Mayor Firtion received the documents into evidence and there were no objections. The Director of Community Development inquired as to specific test results. Mr. Walker said the result was 62.64 dba for Whispering Palms and 62.49 dba for Concord Avenue. 7 RegularDecemberCitY7, 1994C°uncil Meeting ' Page Zight The Director of Community Development said~he Land Development Code requires a ~aximum~hreshold of 50 dba for residential zoning dlstricts. He read from Section 20A-7.4 regarding maximum permitted sound levels and commented that adjacent residential zoning maximum is 50 dba from 7:00 a.m. to 7:00 p.m. Mr. Walker stated that the level at.the Concord location without the eguipment.runnlng was 53.65 dba and at the Gils~n Avenue locatlon i~ was 55.39 dba. He stated, in h~s opinion, the machine in operation exceeds 50 dba. . At 8:13 p.m. Mayor Firtion extended the applicant's presentation time another 15 ~inutes. Mr. Walker continued his ~estlmony. A lengthy d%scUSSlOn contlnued on noise levels and interpretatxo~ of the Land Development Code relative to allowed no~se levels. . . Mr. Walker said he was not certified in sound readings. Mayor Firtion called recess at 8:30 P.m. and reconvened the meeting at 8:35 p.m. All members were present. TAPE II - SIDE II (8:35 p.m.) Victor Williams, 358 Concord.Avenue, Sebastian, addressed City Council on no~se levels. Mr. Walker's testimony continued. Charles Cramer, 10729 U.$ 1, ~ebastian, employee of Henry A. Fischer & Sons, submitted photographs of two locations of the site and one off-site. The. photographs wer~ entered into the record as Exhibit f6. Mayor Firtlon allowed them into the record. Mr. Cramer continued his testimony relative to construction of berms and condition of the mulching equipment. city Council inquiries followed. .~gular. City Council Meeting i , ember 7, 1994 Nine victor Williams, 358 Concord Avenue, Sebastian, inquired whether the equipment produces dust and Mr. Cramer said it did not produce much. Mr. Dill submitted excerpts of minutes of a previous City Council hearing relative to the Fey request for special use permit for a mulching facility. Mayor Firtion accepted the submittal. MOTION by Oberbeck/Corum I'm going to move to the fact that that is irrelevant to this particular case, what happened in Mr. Fey's case I don't feel should be presented as the evidence tonight in this case, I think we should weigh our decision on the evidence presented to us in this particular case. Discussion followed. E III ROLL CALL: Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 4-1 (Damp - nay) Theresa Adams, 328 Concord Avenue, Sebastian, expressed concern for lack of fence around the site, and the process used for curing and drying, and traffic. Victor Williams, 358 Concord Avenue, Sebastian, expressed concern for his property value. - SIDE I (9:23 p.m.) Harry Thomas, 654 Balboa Street, Sebastian, commented negatively on the project. Mayor Firtion called recess at 9:28 p.m. and reconvened the meeting at 9:33 p.m. Ail members were present. A1 Vilardi, 445 Georgia Boulevard, Sebastian, commented negatively on the project. Walter Barnes, 402 Azine Terrace, Sebastian, objected based on noise concerns and the similarity of the facility to a junkyard as defined in the LDC. Regular City Council Meeting December 7, 1994 Page Ten Mr. Dill cross-examined Mr. Thomas, Mr. Vilardi and Mr. Barnes. Mr. Freeland inquired whether Mr. Barnes discussed this matter with any City Council and Mr. Barnes .responded in the affirmative. The City Attorney advised that it is Mr. Barnes' decision whether to disclose the name because he is not under subpoena and Mr. Barnes said he had spoken to Mrs. Damp. Sa1 Neglia, 461 Georgia Boulevard, Sebastian, commented negatively on the project. Mr. Freeland inquired whether Mrs. Damp gave Sa1 Neglia, Harry Thomas and Mayor Firtion a memo damaging to Mr. Fey during the Fey mulch hearings and recommended that Mrs. Damp be removed from this matter. The City Attorney advised that if a substantially affected.party believes that a member has been prejudicial they can move to have the member removed or ask the member to excuse themselves from voting. Mr. Dill cross-examined Mr. Neglia. Mayor Firtion closed the hearing at 10:07 p.m. The Director of Community Development reiterated Planning and Zoning Commission recommendation. Mr. Dill readdressed the noise issue inquiring whether there is anyprovision in the LDC requiring, in the case of a special use, compliance with required noise levels in advance of the use. Mayor Firtion ruled that Mrs. Damp need not' disqualify herself. TAPE III - SIDE II (10:15 p.m.) Mr. Freeland reiterated his request for Mrs. Damp' to step down. Mr. Barnes stated he did not believe Mrs. Damp tried to change his mind. Mayor Firtion called recess at 10:20 p.m. and reconvened the meeting at 10:26 p.m. Ail members were present. 10 Regular city Council Meeting December 7, 1994 Page Ten Mr. Dill cross-examined Mr. Thomas, Mr. Vilardi and Mr. Barnes. Mr. Freeland inquired whether Mr. Barnes discussed ~his matter wi~h any city Council and Mr. Barnes .responded in ~he .affirmative. The City Attorney advised ~hat it is Mr. Barnes' decision whether to disclose the name because he is not under subpoena and Mr. Barnes said he had spoken to Mrs. Damp. Sa1 Neglia, 461 Georgia Boulevard, Sebastian, commented negatively on the pro3ect. Mr. Freeland inquired whether Mrs. Damp gave Sal Neglia, Harry Thomas and Mayor Firtion a memo damaging to Mr. Fey during the Fey mulch hearings and recommended that Mrs. Damp be removed from this matter. The City Attorney advised that if a substantially affected party believes that a member has been prejudicial they can move to have the member removed or ask the member to excuse themselves from voting. Mr. Dill cross-examined Mr. Neglia. Mayor Firtion closed the hearing at 10:07 p.m. The Director of Community Development reiterated Planning and Zoning Commission recommendation. Mr. Dill readdressed the noise issue inquiring whether there is any provision in the LDC requiring, in the case of a special use, compliance with required noise levels in advance of the use. Mayor Firtion ruled that Mrs. Damp need not disqualify herself. TAPE III - SIDE II (10:15 p.m.) Mr. Freeland reiterated his request for Mrs. Damp to step down. Mr. Barnes stated he did not believe Mrs. Damp tried to change his mind. Mayor Firtion called recess at 10:20 p.m. and reconvened the meeting at 10:26 p.m. Ail members were present. 10 Regular city Council Meeting December 7, 1994 Page Eleven Mayor Firtion called for an extension of the meeting. MOTION by Corum/Oberbeck I'd like to make a motion for this item before us to be tabled, have the city bring in a noise expert at the applicant's expense. The City Clerk began the roll call and Mr. Dill strenuously objected to the motion. The City Clerk and City Attorney recommended tabling to a time certain. Vice Mayor Corum and Mr. Oberbeck changed the motion rather than "table". to "postpone" ROLL CALL: Mrs. Damp - nay Mr. Freeland - nay Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - nay MOTION FAILED 2-3 (Damp, Freeland, Corum - nay) MOTION by Corum/Damp I make a motion to extend the meeting 30 minutes. ROLL CALL: Mr. Freeland - nay Roll call was discontinued for lack of unanimous vote and the meeting was adjourned at 10:30 p.m. No other items on the agenda were addressed. Approved at the Council Meeting. , 1994, city Arthur L. Firtioh, Mayor. Kathryn M. O'Halloran, CMC/AAE city Clerk 11 City of Sebastian 1225 MAIN STREET ~3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCrl. 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-J g) 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. ~ MODIFI..CATIONS ~ADDITIONS AND/OR DET~ - 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. ~ROCL~.TIQN$ ~ND;OR ANNOUN~EME~.S 94.293 94.285 Presentation of Plaque ~ Mickev ~aDD - Construction ~oard - ~ ~987 ---Se t~ 1994) Mayor Firtion read and presented the plaque to Mickey Capp. ~~ Proc.~amati~n - Vic___~e~ Coru____~m AcceDtinq 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 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. O-94-~4 -- Comprehensive Land Use Plan Amendment - Altier/Flood/Danner (0-94-14, 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.$C, 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. 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. 0-94-14 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 4 Regular City Council Meeting December 21, 1994 Page Five 94.203 94.294 94.295 INTR.~DUCTION OF NEW ~USINES..~ B~ 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. ~ ~GENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. ae Approval of Minutes - 11/9/94 Regular Meeting, 11/16/94 Regular Meeting, 11/21/94 Special Meeting, 12/9/94 Special Meeting B. 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) 94.286 94.287 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 Decen~ber 21, 1994 Page Six 94.296 G. 94.297 H. 94.123 I. 94.184 J. 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) Reject All 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 i (City Clerk Transmittal dated 12/8/94, Grant of Easement) ~ NO. ~ - 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 K. 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. 94.3 00 94.301 ~UTION 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 ~0. 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. Regular city Council Meeting December 21, 1994 Page Eight 94.302 O. 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 P. 94.304 Q. 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 ~he 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 - ~ 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 0 - ~ ~ yeh~cles 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 Dids 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. ROLL CALL: 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 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 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 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 i: ........ ~ ................ '--.":~10 PRESET T N ---- N-A-IO--S''I.~''' ...... None. 10 Regular city Council Meeting December 21, 1994 Page Eleven 94.291 11. 12. 13. ~RE~ORTS~RECOMMEND~TIONS None. OLD ~USIN~SS None. Mayor Firtion called recess at 8:05 p.m. and reconvened the meeting at 8:10 p.m. Ail members were present. SOL_R_~ NO. - 4~ - 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. A. ~r. Frank ~ Mr. Oberbeck inquired about U.S. i 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. ~Arthur ~ 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 CarDlyn g0rum 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 $9O.O0. 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 15. 16. 17. 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 DamR 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. CIT~ ATTORNEY MATTERS None. CITY MANAGER MATTERS 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 Approved at the Meeting. Kathryn M. O'Halloran, CMC/AAE City Clerk 14 , 1995, City Council Arthur L. Firtion, Mayor City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: Bid award Asphalt ) placement Barber ) St railroad crossing ) ) ) Approved for Sutxnittal By: City Manager ~%~J Agenda No. Dept. Origin Date Submitted For Agenda of Exhibits: Invoice ENG/PW 12-18-94 1-11-95 Purchase Order Requisition 7/27/9& Minutes EXPENDITURE REQUIRED: 3,782.00 AMOUNT APPROPRiATION BUDGETED: REQUIRED: 0 SUMMARY STATEMENT The actual work done on the refurbishment of the Barber Street railroad crossing required a considerable amount of asphalt over and above the estimated tonage specified in the original bid package. It is our responsibility to place the asphalt based on the specifications of the FEC railroad. Unfortunately they removed a great deal more asphalt then anticipated resulting in a bill for $6,395 rather than the $2,613 we were expecting based on the bid. We therefore, request authorization to pay the remaining $3,782 to Dickerson of Florida based on actual tonage used and required by the FEC on this crossing. RECOMMENDED ACTION Move to approve the payment of the additional asphalt tonage in the amount of $3,782. to Dickerson of Florida Inc. 1-407-567-6141 (Veto Beach) ': / L CITY OF SEBASTIAN- D P 13 -BOX '127 p .'.-.:-~-.., SEBASTIAN '. - " FL oL . ' _=1. oL-: '- 0020344 CONTRACT BZLL NGS '~. :'(407 =~ 589-4304 FL 257000 00000 I iNVOIOE.'--'JDA~ 112219 0/00/00 TIOKE~'N02 ..... ' ........... DE$CRiP ON,. :7_; : ':" '.QUANTITY" .-'.~ PRICE AMOUNT RAILROAD CROSSING ON FOTAL ~3. ~500 { , 30 DAY PAY '1 HIS !CE NO b'TAT~ ~/Th- - PLEASE RETURN ONE COPY AND FIEM;T TO:. " ..... P.O. BOX 71g ' STUART, FLORIDA 349;15 Wl.lrfi~ CO~Y,.ORI(tlNAL INVOICE Y~LLOW COPY, FILE COPY PINK COPY-CUSTOMER COPY GOLD COPY-FILE COPY SENT I Post Office Box 17.7 TO b CITY OF SEBASTIAN Engineering Department Sebastian, Florida 32958 -~ Fort Pivrce Tel. (305) .589.5330.'..-' _._ pl~c~me~,t for ~sr~r St. railroad crossing. 52, ,~13. OO WHITE - VENDOR ' CANARY - RNANCE DEPAR'rMENT PINK - ISSUER'S COPY GOLDENROD ' ATTACH TO Sl'ATEMENT ITEM EMERGENCY PURCHASE ~ DATE REQUIRED 7-28-94 DATE SUBMITTED: 7-26-94 · 1. Department P~J b [ !c Work~ . · ~_ Individual ReQuesting 3e_--r"c- q'h~..~.~_~ 7. Acct. No. C)0]."'5'a3-53]~ ... OF SEBASTIAN ' 1225 Main Street Sebastian, FL 32~78-0127 I Fun;is Not-Avlilabt~ 6. Work/job # ASphal= Placement for Barber.Street Railroad crossing · . DE~RII~I'ION QUANTITYi 4. Final Approval 5. Disapprove~ (return to re~uestor) ..... "~'~",, ~-~-1~-- ~ Dickerson - .. ~ .~ '- NAME, ADDRc~ ...... . .- .=. _- _,., . . 'iierc .... .---o ........... /.~ ,. . ,, 9. Stock Item tO. immediate Use .,::.~: ,.- -,.,,:..~,, ,,.,,.~ SUGGESTED VENDOR ....... ~ ~,'~ Regular City Council Meeting July 27, 1994 Page Three 94.181 B. R ~0~ N0. R-9~-40 - Health Insurance Contract - Blue Cross/Blue Shield (City Manager Transmittal dated 7/21/94, R-94-40, Contract Application) ~ A RESOLUTION OF TH~ CITY OF SEBASTIAN, INDIANRiVZR COUNTY, FLORIDA, PROVIDING FOR PARTICIPATION IN BLU~ CROSS/BLUE SHI~ HEALTH INSURANCE BENEFITS; AUT~0RIZING THE CITY MANAGER TO SIGN, ON BEHALF OF TH~ CITY OF SEBASTIAN, THE CONTRACT APPLICATION; PROVIDING FOR REPF2tL OF RESOLUTIONS OR PARTS OF R~SOL~IONS IN CONFLICT H]~REWITH; PROVIDING FOR SEVERABI~.TTY; AND PROVIDING FOR AN ~FFECTIVE DAT~. i 94.198 C. Community Center Air Conditioner - Reject A~i Bids and Reb~d Project (~ngineering/Public Works Transmittal dated 7/19/94, Notice and Bid Specs) I 94.199 D. Bid Award - Vibratory Roller - Low Bid - L.B. Smith, Inc. - $23,S00.00 (~ngineering/Public Works Transmittal dated 7/18/94, Bid Tabulation, Bid Notice, Photo) 94.200 E. Bid Award - Asphalt Placement and Compaction - Barber Street Railroad Crossing - Dickerson Florida, Inc. - $2,613.00 (Engineering/Public Works Transmittal dated 7/21/94, Bid Tabulation, Bid Notice, FEC Letter dated 7/1/94) 94.201 F. MGB Construction, Inc. - Specimen Tree Removal Request - Lots 30 & 31, Block 297, Unit 11, Sebastian Highlands - One 21" Pine (Director of' Community Development Transmittal dated 7/15/94, Application and Survey) The City Manager read the consent agenda in its entirety. Mr. Oberbeck removed item B as requested by the City Manager, and Mr. Freeland removed item A. MOTION by Freeland/Oberbeck I move that we approve items C, D, E, and F. ROLL CALL: MrS. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. 0berbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 3 City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ;3 FAX (407) 589-5570 AGENDA, TRANSM]3~AL s cr: ) Cr ASO. ) ) Approval For Submittal By: ) Dept. Origin: CM ) Joel L. Koford City Manager ~_/V~J ) ) Date Submitted: 01/06/95 ) For Agenda Of: 01/11/95 ) i ) Exhibits: ) - Interloeal Agreement Between the ) Indian River County and the City of Sebastian Re: Construction of the Riverfront Water Project AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIIIED: N/A SUMMARY The proposed "Agreement" is to provide the authority for the County to construct a water main on behalf of the City. Without this construction agreement the City would have the additional expense of advertising, selecting a consulting engineer for the project, advertise and select a construction firm and provide the appropriate inspection and permitting. Under this proposed arrangement, the City will be utilizing an existing County contract which saves the City the costs associated w/th project mobilization and the selection costs previously outlined. RECOMMENDATION Approve the attached Inteflocal Agreement between Indian River County and the City of Sebastian for the construction of the Riverfront Water Project. between INDIAN RI~ER COUNTY, ~R~A ~Y OF S~A~T~N, ~RXDA Re: C~ms~ueti~ of 'Jm Rtverfront Water Project INDIAN RIVER COUNTY, FLORIDA, s political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Be~oh, FL 329~0 (hereafter COUNT~), and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, the address of which is Main Street, Sebastian, FL 3~958, (he~fter CITY), ~ITNES'S~TH TI~AT : WHEREAS, the COUNTY is eonstructinE an extension of its public water system to the CITY limits; and .. WHEREAS, the CITY proposes to build e public water pro,eot known as the "Rtvarfront Water ProJeet,, hereinafter referred to as 'Pro~et,.; and WHEREAS, the CITY finds it is in the public interest and will effectuate cost sevin~s to have the COUNTY construct such Project; NOW, THEREFORE, for end in consideration of the premises end other ~ood and valuable consideration, the receipt of which is hereby acknowiedl~ed, the COUNTY and the CITY a~ee as follows: 1. Description of Work. The COUNTY shall contract to have the Pre,eot built in accordance with the contract documents, as attached as Exhibit "A,~ by issuin[~ ehen~e orders to its existing enk,4ncering and construction contracts for work in the vicirdty of the CITY's project. The CITT must approve the' coUNTy's chan~e orders for the 'Project prior to the COUNTY executing them and shall also approve any subse- quent Prelect ohan~e orders which increase the CiTY's cost. '" Pa_~msnts. The CITY e~,~ees to reimburse the COUNTY for the Project in the amount which the COUNTY is char~ed by tts engineer end its ~enerel contractor, pursuant to the contract. 3. Progress Payments. The CITY slmli reimburse the County w~thin 30 days on the basis OF applications which are submitted to the CITY and the COUNTY by the COUNTYts engineer. The COUNTYts prefeealonal engineer on the Project shall oertlfy as s condition of payment that the wot~k has been completed ~n accordance with the plans .and speeffioations. 4. Certifiers of Completion and Final Payment. The COUNTY shall notify the CITY in writing when the work is c~mrpleted. The COUNTYts notification shall be accompanied by a oertfficste of the COUNTY's professional en~neer certifying completion of the work in accordance with the plans and speo:ifleutions for the Projeot. 5. Ins1~uments of Title. AFter final payment the COUNTY shall execute appropl*hte instruments of title to reflect the pM'ty*s interests in the Starting and Comsletion Dates. The COUNTY shall p~x~eed with due dlli~enoe on the Project. In the event'the COUNTY charles the contractor any liquidated damales for delay on the Project, the COUNTY will pay the CITY any liquidated dama~s less any ~osts which may have accrued to the COUNTY. 7. ContF~tet Dooumsnts. The Project contract documents are as follows: A. Plans and spec~lc~tions prepared by Mastelier & Meier, Inc. B. The contraot between the COUNTY and its leneral contractor, including the change order specifically issued for the Project. C. The c-ontrect between the COUNTY and Masteller & Meier, including the shanks order. 8. DsslLmation of Enl~ineer. The COUNTY designated Mastelier & Meier, Inc. as its professional enL~lneer on this Project for the purpose of design and parrot*ming Inspection services on the Project, 9. Beneficiaries. The COUNTY acknowledges that the CITY is to be the beneficiary and owner of the ProJeot. 10. CITY Duty to P~. If for any reason the CITY is unable to use special assessments to colle~t the cost of the Project from the beneficiaries of the Project, then the CITY shall nonetheless pay the COUNTY from any legal source of revenue, including the CITY*s general fund. 11. Sever~bll~ty. If any provision of this eL~resment is held to ~ in~d or une~ble by a ~ of ~tent ~s~eflon, ~e o~r p~i~ ~ ~s ~nt sh~l ~n ~ fu~ fo~ ~d ~. 1~. ~~. T~s ~t ~n~ ~ ~nfl~ ~d~~ and ~t ~t~ ~e ~ ~d no otb~ ~n~, ~ o~1 or written, ~et '~ the iN ~TITNESS WHEREOF, COUNTY .and a~reement on the date flret ebo~e written. Attest: ~leffrey K. Barton, Clerk CITY have entered into this INDIA~ RIVER COUNTY By John e/. Tippin, Chairman Attest: CITY OF SEBASTIAN ~S~ Clerk A~proved ~ to form and content: By c!ltfton A. City Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 199__, by , as Chairman, a'~d'Jeffrey K. Ba~'ton, as Ciet-k, of the Indian River County Board of County Commissioners, on behalf of asid COUNTY. They are personally known to Notar~y Public: printed name: Commission # STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this ~ day of , 199__, by _, as Mayor, and Kathryn O'Hallomn, as Clerk, of the City of Sebastian, Florida, on behalf of said CITY. They are pe~'sonally known to me. Notary Public: printed name: Commission # Attachment: Exhibit ~A~ - Contract Documents