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HomeMy WebLinkAbout03231994 City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 23, 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?peaker (R-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Henk Toussaint - St. Sebastian Catholic Church 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/.0R DELETIONSI - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7. PUBLIC HEARINg, FINAL ACTION None. PGS 1-21 94. 088 PGS 23-26 94.089 PGS 27-29 94.090 PGS 31-32 94.091 PGS 33-35 94.092 94.093 10. 11. 8. CONSEI~ 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 - 3/9/94 Regular Meeting, 3/14/94 Special Meeting, 3/16/94 special Meeting Dan Morgan/Century 21/Realty King - Request Use of Community Center - 2nd Annual Easter Seals Golf Tournament Awards Banquet - 4/16/94 - 6 pm to Midnight - A/B and Rental Fee Waiver - Permittee DOB 10/30/36 (City Clerk Transmittal dated 3/7/94, Application, 2 Letters dated 1/4/94, Old Application) Treasure Coast Builders Association - "Parade of Homes" - Approve Special Events Signs with Staff Conditions (Director of Community Development Transmittal dated 3/17/94, TCBA Letter dated 3/11/94) United Methodist Church - Sunrise Service - Easter Sunday - Riverview Park - 6:00 a.m. to 7:30 a.m. - Approve with Conditions (Director of Community Development Transmittal dated 3/17/94, Hill Letter dated 3/4/94) G.F.W.C. Sebastian River Junior Women's Club - Harvest Craft Fair - 11/27/94 - Approve with Conditions (Director of Community Development Transmittal dated 3/9/94, Harle Letter dated 3/9/94) ~RESENTATIONS A. Present Plaque to Former Mayor Lonnie R. Powell Chamber of Commerce - Continued Efforts for Chamber and City to Work Together (No Backup) CITY ATTORNEY~ATTERS CITy ~ MATTERS 2 94.094 PGS 37-38 94.095 PGS 39-42 13. 94.081 PGS 43-44 94.096/ 93.337/ 89.003 PG 45 94.097 PGS 47-55 12. COMMITTEE ~EPORTS~REC01~ENDATIONS A. CONSTRUCTION DOARD Accept Resignation of Nyra Enlow Effective Immediately (Director of Community Development Transmittal dated 3/9/94, Enlow Letter dated 3/1/94) B. COD~ ~FORCEMENT ~ Appoint Salvatore Neglia to Member Position - Three Year Term to Expire March 1997 (Director of Community Development Transmittal dated 3/16/94, Application) OLD BUSINESS Street Improvement Program - 1993/94 Fiscal Year - Updated List - $162,500.00 (City Engineer Transmittal dated 3/10/94, Updated List and Cost Estimate) 14. NEW BUSINESS 15. Authorization to Proceed with implementation of the Airport Master Plan - Apply for Federal Funding - Advertise Request for Proposal (City Manager Transmittal dated 3/15/94) St. Johns River Water Management District Consumptive Use Permit Renewal for Filbert Street Water Treatment Plant - Hartman & Associates Engineering Services - $19,700 (Utilities Director Transmittal dated 3/16/94, Hartman Proposal) MAYOR AND ~ITY COUNCIL A. Mayor Arthur Firtion B. Vice Mayor CarolYn Corum C. Mrs. Norma Damp D. Mr. Robert Free~and E. Mr. Frank Oberbeck 16. INTRODUCT~QN O__F N~'W ~ B~ THE ~ (Which is NOt Otherwise on the Agenda - By Resolution No. R-95-19 Limit of Ten Minutes for Each Speaker) 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 TESTIMONYAND 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 INADVANCE OF THIS MEETING. 4 City Sebastian 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 ! I MINUTES SEBASTIAN CITY COUNCIL I REGULAR MEETiNG WEDNESDAY, MARCH 9, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS I 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS I BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. Mayor Powell called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Invocation was given by Reverend Vert Matts, Assembly of God. 4. ROLL CALL Present: Also Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland City'Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran Assistant City Attorney, Richard Torpy City Engineer/PW Director, Dan Eckis Golf Course Manager, Joseph O"Rourke Deputy City Clerk, Sally Maio Regular City Council Meeting March 9, 1994 Page Two 5. AGENDA MODIFICATIONS f&DDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). Vice Mayor Oberbeck was excused briefly at 7:00 p.m. 6. ~ROCLAMATIONS ~ ANNOUNCEMENTS Vice Mayor Oberbeck announced that the Sebastian Area Civic Association was celebrating its 15th anniversary at its March 14th bingo at the Community Center; and said Rodney Kroegel, the oldest original resident in the tri-county area, is celebrating his 91st birthday and suggested the City send him a card. Mrs. Corum said the Pelican Island Preservation Society is celebrating its 91st birthday at Sebastian Elementary School on March 12, 1994 and hope that Mr. Kroegel will attend. 7. PUBLIC HEARING~ FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. 94.069 ORDINANCE NO. 0-94-02 - Repeal GDU Water Franchise (City Clerk Transmittal dated 3/1/94, 0-94-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-81-8; REPEALING THE GENERAL DEVELOPMENT UTILITIES, iNC. WATER FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting March 9, 1994 Page Three 94. 070 Mayor Powell opened the public hearing at 7:05 p.m., the Assistant City Attorney read Ordinance No. 0-94- 02 by title only, and, being no input, Mayor Powell closed the public hearing. MOTION by Oberbeck/Damp I would move that we approve Ordinance No. 0-94-02 to repeal the GDU water franchise. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 ORDINANCE pO. 0-94-03 - Repeal GDU Sewer Franchise (City Clerk Transmittal dated 3/1/94, 0-94-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-81-9; REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC. SEWER FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Powell opened the public hearing at 7:07 p.m., the Assistant City Attorney read Ordinance No. 0-94- 03 by title only, and, being no input, Mayor Powell closed the public hearing. MOTION by Oberbeck/Freeland I would move we approve Ordinance No. 0-94-03 repealing the GDU water/sewer franchise. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 3 Regular City Council Meeting March 9, 1994 Page Four 94.071 C. QRDINAN~ NQ~ 0-9~-04 - Repeal sebastian Lakes UtilitY Franchise (City Clerk Transmittal dated 3/1/94, O-94-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-85-16; REPEALING THE SEBASTIAN I2tKES UTILITY COMPANY WATER AND SEWER FRANCHISE, PROVIDING'FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN.CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Powell op~ned the public hearing at 7:09 p.m., the Assistant City Attorney read Ordinance No. 0-94- 04 by title only, and, being no input, Mayor Powell closed the public hearing. MOTION by Oberbeck/Corum I would move that we approve Ordinance No. 0-94- 04 the repeal of Sebastian Lakes Utility franchise. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye ~ Mayor Powell - aye Mr. Oberbeck - aye Mrs. corum - aye MOTION CARRIED 5-0 8. CONSEN______~TAGEND_____~A Ail items on ~he consent agenda are considered to be r~utine and will be e~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. A. Approval of Minutes - 2/23/94 Regular Meeting, 2/24/94 Special Meeting, 3/2/94 Workshop 94.083 B. Receive Code Enforcement Order No. 93-8963 (Dernbach) 94.084 C. Bid Award - U.S. #1 Median Shallow Well Installation - Heidikruger Shallow Wells, Inc. - $1,700 (City Engineer Transmittal dated 2/28/94, Bid Tabulation Form) Regular City Council Meeting March 9, 1994 Page Five 94.085 D. 94.003 E. 94.086 F. Ameron Homes - Specimen Tree Removal Request - Lot 2, Block 304, Unit 10 Sebastian Highlands - One Oak (Director of Community Development Transmittal dated 2/28/94, Application and Survey) Equity Study Commission - Appoint Carl Fischer (City Clerk Transmittal dated 3/3/94) Lion's Club Request for Use of Riverview Park - Spring Steak Fry - $7.95 Donation - 4/16/94 - 3:30 p.m. to 6:30 p.m. with Conditions (Director of Community Development Transmittal dated 3/2/94, Anderson Letter dated 2/18/94) The City Clerk read the consent agenda in its entirety. Vice Mayor Oberbeck removed item F, Mayor Powell removed item B for public input. MOTION by Corum/Oberbeck I move to approve items A, C, D, and F of the consent agenda. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Item B - Receive Code Enforcement Order No. 93-8963 ~Dernbach~ Herbert Sturm, 549 Saunders Street, Sebastian, spoke on Code Enforcement matters. Mrs. Corum inquired whether the alleged violator was properly notified. The Assistant City Attorney responded that he does not initially allow mention of repeat violations to the board, so as not to prejudice the board and stated that proper notice was served in this case. MOTION by Corum/Freeland I move the approval of item B of the consent agenda. 5 Regular City Council Meeting March 9, 1994 Page Six 10. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Item ~ - Lion's Club Request for ~se Of Rive~view Park Vice Mayor Oberbeck said he had been asked by the Lion's Club if there was a conflict and was informed by the City Clerk that there was none. (Upon review of the schedule it was noted that a resident had informed the City Clerk's office that a wedding party for approximately 50 people would be held in the park that day and that they were made aware of the Lion's Club special event request. No other special event is scheduled in the park that day.) Mr. Freeland said he had a complaint about the Craft Club selling premanufactured and flea market items and requested that a letter be sent.to the Club. MOTION by Oberbeck/Freeland I would move for the approval of item F for the consent agenda. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 PRESENTATIONS None. CITY ATTORNEY MATTERS The Assistant City Attorney reported on the proposed acquisition of the Julian property, citing the possibility of a small savings to the City if the City purchases, after the foreclosure sale, the bank's right to acquire title, for a nominal sum, to alleviate the City paying twice for deeds and doc stamps. Regular City Council Meeting March 9, 1994 Page Seven 94.072 94.087 Following some discussion, it was the consensus of City Council to direct the city Attorney to proceed with the matter. 11. CITY MANAGER MATTERS None. 12. COHMITT,~E REPORTS/RECOMMENDATIONS None. 13. OL.__D.D BUS~N,~SS A® Golf Course Request One ~dditional mart-Time Cartman for a Total Df Four (Golf course Manaeg~ Transm$..~al dated 2/1/94. page 7--0 93/94 BudGet) The Golf Course Manager reiterated his request for an additional part-time cart attendant. MOTION by Damp/Freeland I make a motion we approve the additional permanent part-time cartman at the Golf Course. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 14. NEW BUSINESS RESOI~TION NO. R-94-20 - Request Florida Boat Improvements Program Funds for Yacht Club Pier Improvements (City Engineer Transmittal dated 3/3/94, R-94-20, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING ASSISTANCE FROM INDIAN RIVER COUNTY IN SOLICITING FUNDS, ON BEHALF OF THE CITY OF SEBASTIAN, FROM THE FLORIDA BOAT IMPROVEMENTS PROGRAM (FBIP) FOR YACHT CLUB PIER IMPROVEMENTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 7 Regular City Council Meeting March 9, 1994 Page Eight The City Engineer gave a brief presentation and the Assistant city Attorney read Resolution No. R-94-20 by title only. MOTION by Corum/Oberbeck I make a motion to approve the Resolution R-94- 20. The City Engineer responded to Mrs. Corum's inquiry as to the status of previously approved funding, noting that the policy for disbursement has changed to this method. TAPE I - SIDE II (7:47 p.m.) City Council discussion continued. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 Mayor Powell called recess at 7:50 p.m. and reconvened the meeting at 7:58 p.m. Ail members were present. 15. MAYOR AND CITY COUNCIL MATTERS A. Mrs. carolyn corum Mrs. Corum expressed pride in the city for the 44% voter turnout for yesterday's election; suggested that staff look into reopening Stonecrop Park; asked for the Attorney's opinion on the Park Place surcharge in writing to City Council and to Park Place residents; and reiterated her suggestion for reflectors on Easy Street and Wave Street. B. Mrs. Norma Damp Mrs. Damp noted that Sebastian outvoted Veto Beach in yesterday's election and congratulated the people of Sebastian. Regular City Council Meeting March 9, 1994 Page Nine C. Mr. Robert ~ Mr. Freeland congratulated Arthur Firtion and Carolyn Corum, commended outgoing Mayor Powell and wished him luck. D. M_~yor Lonnie R, Powell Mayor Powell spoke about the campaign. E. ~ice-Ma_~_ay_9~ Frank 9berbeck Vice Mayor Oberbeck reported that he had gone out with the City Engineer to evaluate the 93/94 Street Improvement program and Pine Street. The City Engineer addressed City Council on Pine Street, said three streets have been eliminated from the approved program and said he will come back with a revised list. in response to Vice Mayor Oberbeck, relative to use of the Teen Center for the Utility Department, the City Manager said he had directed the Utility Director and Finance Director to come up with a plan by April to consolidate Utility accounting, and discussed the concept of renovating the second floor of City Hall to free up space on the first floor to accommodate Utility accounting, therefore, he said, he has not moved forward on expenditure of funds for the Teen Center building until all issues are resolved. Vice Mayor Oberbeck congratulated all candidates, commended the outgoing Mayor and urged everyone to work together. Mayor Powell expressed concern relative to special events in Riverview Park. City Council concurred that use of the park needs to be looked at. Vice Mayor Oberbeck said he had received a letter from Commissioner Eggert asking for a representative on the Bicycle Path Committee and he suggested the City Manager to inquire whether the Chief of Police is interested. 9 Regular City Council Meeting March 9, 1994 Page Ten ' 16. INTRODUCT~ION OF NEW BUSINESS BY THE ~UBLIC (Which is Not Othe~i~ on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) Herbert Sturm, 549 Saunders Street, Sebastian, spoke relative to Code Enforcement matters. 17. Being no further business, Mayor Powell adjourned the meeting at 8:22 p.m. Approved at the .... , 1994, City Council ..... Meeting. City Clerk City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETiNG MONDAY, MARCH 14, 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. PURPOSE: Adoption of Resolutlon No. R-94-19 Electlon Results and Receipt of Canvassing Board Minutes by Current City Council Members, Investiture of New City Council Members, and Election of Mayor and Vice-Mayor Mayor Powell called the Special Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also: Mr. Arthur Firtion, City Council Member Elect Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Charles Nash ~ Deputy City Clerk, Sally Maio Special city Council Meeting March 14, 1994 Page Two 94.027 4. MARCH S, 1994 ELECTION MATTERS (City Clerk Transmittal dated 3/9/94, R-94-19, Certificate of Canvassing Board) RESOLUTION NO. R-94-19 - Election Results - Certificate cf Canvassing Board (City Clerk Transmittal dated 3/9/94, R-94-19, Certificate) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO MUNICIPAL ELECTION; PROVIDING FOR CANVASSING OF ELECTION RETURNS; PROVIDING FOR DECLARATION OF RESULTS; DIRECTING THE CLERK TO ENTER THE RESULTS OF THE ELECTION IN THE OFFICIAL MINUTES OF THE MEETING OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-94-19 by title only. MOTION by Oberbeck/Freeland I would move that we approve and adopt Resolution No. R-94-19 election results and certificate of Canvassing Board. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 B. Receipt of 3/8/94 Canvassinq Board Minutes (City Clerk Transmittal dated 3/9/94. Minutes) MOTION by Oberbeck/Freeland I would move that we accept and receive the Canvassing Board minutes of 3/8/94. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 2 Special City Council Meeting March 14, 1994 Page Three 5. NEW C~TY COUNQ.i~ BUSINESS Investiture of New city Council Members {City glerk Transm~t~.a.ldated ~ The City Clerk swore in newly elected City Council member Carolyn Corum. Mayor Powell expressed gratitude to staff and the public and welcomed new City Council members. The City Clerk swore in newly elected City Council member Arthur Firtion. Election of Mayor ~ ~lerk Transmittal dated 3/9/94) Vice Mayor Oberbeck called for nominations for the office of Mayor. Mrs. Damp nominated Mr. Firtion, Mrs. Corum seconded the nomination. Mrs. Corum nominated Mrs. Damp and Mrs. Damp declined the nomination. Mr. Firtion made no nomination. Mr. Freeland nominated Mrs. Corum, Mr. Oberbeck seconded the nomination and Mrs. Corum declined the nomination. Mr. Oberbeck closed nominations. Mr. Firtion was elected Mayor by virtue of no other nominations. Ca ~ 9f Vice-Mayor (city Clerk Transmittal dated 319/94) Mr. Oberbeck called for nominations for the office of Vice Mayor. Mr. Freeland nominated Mr. Oberbeck, and there was no second. Mr. Firtion nominated Mrs. Corum, and Mrs° Damp seconded the nomination. Mrs. Damp and Mrs. Corum made no nominations. 3 Special City Council Meeting March 14, 1994 Page Four Mrs. Corum was elected Vice Mayor by virtue of no other nominations. Mayor Firtion congratulated the voters of Sebastian for the great turnout, extended his hand to better the City of Sebastian and congratulated the former City Council on its selection of Joel Koford as City Manager. Being no further business, newly Mayor Firtion adjourned the Special Meeting at 7:15 p.m. Approved at the Meeting. , 1994, City Council Arthur L. Firt~, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk 4 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, MARCH 16, 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. PURPOSE: Public Hearing - Vickers Grove Subdivision Sandmining Special Use Permit Request and Major Modification to Preliminary Subdivision Mayor Firtion called the Special Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CAL~ City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: Acting City Manager, Kathryn M. O'Halloran City Attorney, Charles Nash Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Special City Council Meeting March 16, 1994 Page Two 4. ~U~LIC HEARIN~ 94.073 A. vickers Grove Subdivision - 1~ Sandminin~ Specia~ Use Permit ~ D..nd 2) Ma4or Modification t__o Preliminary Subdivision ~ of ~ Dev_~ment Transmittal dated 3/4/94. ADDlication. Plans Under Separate Cover) Mayor Firtion announced that the portion of the hearing on major modification to preliminary subdivision has been continued to April 20, 1994. (see staff memo attached) Mayor Firtion opened the public hearing at 7:05 p.m. The city Attorney advised on procedures for the quasi-judicial hearing, and then asked all parties interested in testifying to stand and proceeded to swear them in. (see sign-up sheet attached) Warren Dill, legal counsel for applicant Dr. Henry Fischer addressed City Council, stating that the application for special use permit had been filed under protest, reasons for which were detailed in a letter to the Director of Community Development dated March 14, 1994 (see attached), said the .applicant agrees, if the permit is approved, that he is forever bound to the City's regulations on mining and excavation, however, if the use is denied he reserves the right to challenge the City's requirement for compliance with those regulations. The Director of Community Development said staff was comfortable bringing this application to City Council. The City Attorney further explained that the applicant's position was based on the fact that the sandmining operation was in effect prior to annexation, recommended that City Council accept the applicant's offer in the best interest of the City and inquired whether the city Council is amenable to the offer. MOTION by Oberbeck/Freeland I would move that we accept the offer of Mr. Fischer with regard to the sandmining operation at the Vickers Grove Subdivision, the offer pertaining to our Land Development Code and land use. Special City Council Meeting March 16, 1994 Page Three ROLL CALL: Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 4-1 (Corum - nay) Mr. Dill offered his letter to Mr. Cooper for City Council review. The City Clerk noted that staff had been unable to submit it to City Council prior to the hearing due to the hearing's quasi-judicial nature. Mr. Dill made an opening statement on behalf of the applicant, urging approval of the application. Randy Mosby, Mosby and Associates, Vero Beach, testified on behalf of the applicant. TAPE I - SIDE II (7:33 p.m.) Mr. Mosby's testimony continued. He submitted the following exhibits: construction drawings (Exhibit 1); findings of fact from Resolution No. R-88-19 (Exhibit 2); findings of fact from R-90-19 (Exhibit 3); and St. John's River Water Management District permit dated November 9, 1993 (Exhibit 4). Mr. Oberbeck was excused from 7:45 p.m. to 7:46 p.m. Mr. Mosby's testimony continued. He stated that this was the last time a request for a sandmining extension for this area will come before City Council. Mr. Mosby submitted further exhibits as follows: 20A-3.5 of the Land Development Code regarding RM-8 conditional uses (Exhibit 5); Section 20A-3.14 regarding Industrial permitted uses (Exhibit 6); Section 20A-5.20 regarding excavation and mining, Section 20A-5.29 water management standards, Section 20A-5.30 regarding operating conditions of mining, Section 20A-5.36 regarding duration and completion of permits (Exhibit 7). 3 Special City Council Meeting March 16, 1994 Page Four Mr. Mosby's testimony continued. Mayor Firtion called recess at 8:04 p.m. and reconvened the meeting at 8:15 p.m. All members were present. . The City Attorney inquired Whether anyone sworn in intended to cross-examine Mr. Mosby at this time. Ail but Mr. Metcalf declined. TAPE II - SIDE I (8:17 p.m.). . Mr. M~sby testified an response to George Metcalf relative to water quality tests. Mr. Mosby testified in response to Mrs. Corum stating that the ex%sting lake is 65.2 acres, and the operation will Increase by 45%; discussed the lake depth; and said for the record, the hours of operation ate stated on the drawings and are the same as for previous mining permits. Charles Cramer testified on behalf of the applicant, stating that only four new building-permits have been issued since May 1990 in a 1/4 mile radius of the subject property, read a letter dated March 5, %994' from John Sykes, 222 Caprol Lane and submitted it to the City Clerk (Exhibit 8). The city Attorney inquired whether anyone wished to ask any questions of Mr.~Kramer. . In response to Mrs. Corum, Mr. Kramer testified that he was a Supervisor for Henry Fischer and Sons. · Abe Kreitman{ 1417 Alpha Court, West Palm Beach, Florida, registered professional hydrologist, testified on behalf of the applicant, citing satisfactory results and conclusions of study of the possible adverse ~mpacts on groundwater. MT. Kreitman testified in response to Victor Williams. TAPE ii - SIDE II (8:50 p.m.) Special City Council Meeting March 16, 1994 Page Five Ail others in the audience declined the opportunity to ask questions of Mr. Kreitman. Mr. Kreitman testified in response to Mr. Freeland and Mrs. Corum, relative to monitoring for groundwater saltwater intrusion; in response to Mayor Firtion as to how the sandmine operation will add to the groundwater level; in response to Mrs. Corum relative to insignificant run-off into the lake and discussed a principle known as the Hygben-Gertzberg relationship pertaining to water density. Mr. Oberbeck was excused from 9:13 p.m. to 9:15 p.m. Mr. Kreitman's testimony continued. Mayor Firtion called recess at 9:15 p.m. and reconvened the meeting at 9:25 p.m. Ail members were present. victor Williams, 358 Concord Avenue, Sebastian, testified relative to lack of traffic on Concord and extension of the sandmine east and west. TAPE III - SIDE I (9:33 p.m.) George Metcalf, 425 Pine Street, Sebastian, testified relative to decrease of tax base due to elimination of acreage and alleged violation of FS 163 Part Two by the elimination of all multi-family and some industrial. Mr. Metcalf testified in response to Mr. Dill, stating he had no written documentation regarding assessments, and quoting from a Press Journal article dated November 2nd relative to a comment by James Frazee, Chief Hydrogolist for St. John's. Mr. Metcalf submitted two photographs dated 1991 and December 7, 1993. Mr. Dill objected to submittal of the photographs as evidence without further information. Bruce Cooper, Director of Community Development submitted a memo from Planning and Zoning dated March 4, 1994 recommending approval of the special use permit (Exhibit 9); said he had been in contact with 5 Special City Council Meeting March 16, 1994 Page Six the state relative to the Comprehensive Land Use Plan and stated that city is in compliance, submitting the computations for multi-family (Exhibits 10 and 11); and distributed a recommendation from him dated March 16, 1994 (see attached). The Director of Community Development said staff has no objection to Saturday operation 7 a.m. to 5 p.m. as the applicant has requested. Mr. Cooper testified in response to Victor Williams, 358 Concord Avenue, Sebastian, relative to Concord Avenue right-of-way. TAPE Iii - SIDE II (10:02 p.m.) Mr. Cooper testified in response to Fred Mensing, about how the 7 to 5 operation deadline can be amended in case of emergency need for sand. Mr. Cooper testified in response to Mrs. Corum regarding to reduction of the tax base, not a relevant issue in accordance with"the City Attorney's opinion. Mr. Cooper provided three original letters of no objection received in response to letters sent to surrounding property owners (see attached). Dr. Henry Fischer gave closing comments relative to reduced need for multi-family housing and urged approval of the special use permit. Mrs. Corum inquired what will happen to the lake when the subdivision is completed. Dr. Fischer said he had no objections to staff conditions. Mayor Firtion closed the hearing at 10:15 p.m. 6 Special City Council Meeting March 16, 1994 Page Seven MOTION by Oberbeck/Corum i would move that we approve the special use permit for Vickers Grove sandmining subject to the applicant meeting the requirements in Mr. Cooper's letter of 3/16/94 and continue the public hearing on the portion regarding the major modification to the preliminary subdivision until April 20, 1994 and to allow Saturday operations until such time as the City Council in sole discretion determines that Saturday operations constitutes a nuisance to the neighborhood. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - nay MOTION CARRIED 4-1 (Corum - nay) The City Attorney advised that a resolution to issue the special use permit will be drafted and brought back to City Council. Being no further business, Mayor Firtion adjourned the Special Meeting at 10:20 p.m. Approved at the Meeting. , 1994, City Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA FOR~ SUBJECT: Use of Community Center 2nd Annual Easter Seal Awards Banquet APPROVED FOR SUBMITTAL BY: Agenda NO. Dept. Origin Date Submitted 03/07/94 For Agenda of 03/23/94 Exhibits: Application 2 Letters dated 1/4/94 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from Dan Morgan, Tournament Chairman of the 2nd Annual Easter Seals Golf Tournament sponsored by Century 21 Realty King. He is requesting use of the Community Center on April 16, 1994, from 6:00 AM to 12:00 Midnight for the awards banquet. He is also requesting a waiver of rental fees as all proceeds will be donated to the Easter Seal Society of East Central Florida and permission to serve alcoholic beverages at this event. Historically, the 1st annual event was approved for waiver of rental fees and use of alcohol on April 14, 1993. RECOMMENDED ACTIO_.~ Review the above request and act accordingly. CITY OF SEBASTIAN . RENTAL PERMIT APPLICATION Nm of Renter / 0rg~izatiou CENTURY 21 Realty King/ Easter Seals N~r of Pe~o~ ~nstituti~g ~up or or~zatiun: 150 Reason for ~tal Fund raisinR for Easter Seal Soc, of East Central Red.ted Bate April 16, 1994 Time of Day: F~ 6pm To ALL FUNCTZOW~ ~ LIMZT~D TO 6 ~) P1e~e ~ ~ or ~: 1) be kitchen faciliti~ r~irH? yes 2) ~e ~ a residet of Sebuti~? yes 3) Will d~ratious ~ ~t up? no 4) Will there be ~ a~ssion or ~r ~ar{el no 5) Will ~coho~ic ~ ~ se~? yes (a) If ~r to 15 is yu- pe~tt~'s p~f of (bi. If alcohol City Council. Amount of Rental Security Deposit: Name of Pemittee: Address of Penmittee: 12:00am is to be served, ~ermissiun isrequired' the Your request will be presented to 'CouncilbY 7% Ts: 250.00 Total Rental:$ CENTURY 21 Realty King Dan Morgan/ Tournament Chairman 1676 US 1. Sebastian Telephone No.: 3 8 8- 5 5 01 Date of Application Make checks payable to: APPROVED / DISAPPROVED or Cash initial Rental Fee paid on (date) in the amount of ~ c~ , or Cash initial Alcoholic Beverage Request heard at the Council Meeting on (date). Request APPROVED / DENIED. Fee Waiver Request heard at the Council Meetinq on (date). Request APPROVED / DENIED. Key Pickup Date Key Return Date Security _Deposit returned by City Check { amount ot on ~mm~e*~M: k~,p~: for dsmmm~ (1{ *m{mlml~¢etmt~*}. (date) in the amount of in the '(date) Realty King 1676 North US ~1 Sebastian, Florida 32958 (407) 388-5501 City of Sebastian, P.O. Box 780127, Sebastian, FL. 32958 Jan 4/94 Members of Council; This letter is our request for permission of Council to serve alcoholic beverages at our awards banquet to be held at the Sebastian Community Center on the 16th of April 1994. The awards banquet runs in conjustion with our 2nd Annual Easter Seals Golf Tournament held the same day at the Sebastian Municipal GolfCourse. Ail proceeds will donated to the Easter Seal Society of East Central Florida Thank you for your anticipated approval of our request. Yours respectfully ................... Cha~irman Each Office Is Independently Owned And Operated Realty King 1676 North US Sebastian, Florida 32958 (407) 388-5501 City of Sebastian, P.O. Box 780127, Sebastian, FL. 32958 Jan 4/94 Members of Council; Please accept this letter as our request for the Waiver of Fees for the use of the Sebastian Community Center on the 16th of April 1994. At that time it is our intention to hold our awards banquet in conjustion with our 2nd Annual Easters Seals Golf Tounament sponsored by Century 21 Realty King. Ail proceeds will be donated to the Easter Seal Society of East Central Florida. Thanking you in advance, i remain, yours respectfully ........... Each Office Is Independently Owned And Operated City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST FROM TREASURE COAST BUILDERS ASSOCIATION FOR SPECIAL EVENT SIGNS Approved For Submittal By: City manager Agenda Number: Dept. Origin: Community Development (BC~ Date Submitted: 03/17/94 For Agenda Of: 03/23/93 Exhibits: 1. Letter from Treasure Coast Builders Association dated 3-11-94. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Treasure Coast Builders Association is again this year coordinating a "Parade of Homes" in the Sebastian area from March 18 through March 27, 1994. The TCBA is requesting the following pursuant to Section 20A-15.5(F)(3) of the Land Development Code: Three models located within the Sebastian Highlands will each display one sign approximately 6 square feet in size indicating the TCBA "Parade of Homes" logo and entry number. The TCBA is also requesting directional signs to be placed within the right-of-way. On February 24, 1993, City Council approved a similar request from TCBA subject to the following conditions: The proposed signs on private property will be the same size as real estate signs within the residential area (6 square feet). Page 2 The directional signs will be similar in nature to an open house sign that is already permitted within the right-of-way pursuant to Section 20A-15.5(A)(2). RECOMMENDED ACTION Move to approve the request from Treasure Coast Builders Association with the above noted conditions and provided the off-premise signs shall not exceed 4 square feet in area, shall be located at least 5 feet from the 'adjacent road, and shall not exceed a height of 3 feet above the crown of the road. (407) 464-8222 (TCBA) I ' 336-8222 (TCBA) 287-7795 N,~,.%j_:~ ,~,~'/ uan ,.avanagn (Fax) 46~-4054 · TREASURE COAST BUILDERS ASSOCIATION I 6560 South Federal Highway, Port St. Lucie, Florida 34952 I " '"'"' March 11, 1994 /~ '~.';!~ -.~ ::" I Mr. Bruce Cooper City of Sebastian ~,~%[~ 7~ .,'..'./ P.O. Box 780127 I Sebastian, FL 32978 RE: Waiver pursuant to Section 20A-15.6 F3 I of Land Development Code · Dear Bruce, . . I .Association is again this year putting The Treasure Coast Builders together a Parade of Homes in the Sebastian area for March 18-27, 1994, a total of nine days. I We have sxgns that we would 1.~ke to put up for ~ach model entered _ (approximately three).. The s~gns are the same size as real estate "for sale" signs and w~ll have the TCBA "Parade of Homes" logo on I them. They would also have the entry numb.er. Is this possible if we guarantee to place the signs only during the Parade and pick them up as soon as the Parade ends? i We also have small directional signs that say "Parade of Homes". Are they possible also? . I This is our effort to help the economy and .the industry ~n this area. Any help you and/or the City of. Sebastian could give us for this endeavor would be greatly appreciated. I Thank you for your help. I Sincerely, ~ I Cindy Tre)ffelner 1994 Parade of Homes Co-ordinator i Treasure Coast Builders Association President /~~ Ken Ringe {[/~//~..]~x~l[J First yiee President Second Vice President Treasurer Secretary ~ll · I x~~ T,m Zorc Jack Monroe, Jr. Jeff Bowers Russ Sobczak City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: REQUEST FROM SEBASTIAN UNITED METHODIST CHURCH TO USE RIVERVIEW PARK Approved For submittal By: City q~anager Agenda Number: Dept. Origin: Community Development Date Submitted: For Agenda Of: Exhibits: 1. 03/17/94 03/23/93 (BC~' Letter dated 3-4-94 from Rev. John B. Hill EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian United Methodist Church is requesting permission from the City Council to utilize Riverview Park on Sunday, April 3, 1994 for the city-wide Sunrise Services. The Craft Club of Sebastian has received permission to use the park on April 2, 1994, with a raindate of April 3, 1994. This should not present a problem, since the Sebastian United Methodist Church would be using the park from approximately 6:00 a.m. to 7:30 a.m. Staff would recommend approval of this request subject to the following conditions: 1. $100.00 Security Deposit 2. No vehicles in the park. 3 No alcoholic beverages are permitted within the park. RECOMMENDED ACTION Move to approve the request from Sebastian United Methodist Church to use Riverview Park on April 3, 1994, with conditions. . i ~ Main & Loui~i~'m ~ Sebastian, Florida I P.O. Box 328 388-0405 '..?  '. '? ' "" I Bruce Cooper Director of Community Development ''-' i City Hall 1225 Main Street Sebastian, Fl. 32958 I Dear Mr. Cooper, ' I This is to follow up my conversation with your office this morning regarding the use of the Riverview Park on I Easter morning, April 3, for the city-wide Sunrise Services. We would be using the park from approximately 6:00 A.M. I to 7:30 A.M. Please let me know as soon as possible if there is any I conflict with the use of the park. Thank You. i ! S~astian United Methodist Church 589-5230 JBH/mo City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST FROM G.F.W.C. SEBASTIAN RIVER JR. WOMAN'S CLUB TO USE RiVERVIEW PARK Approved For Submittal By: City Manager Agenda Number: ~' ~/ Dept. Origin: Community Development Date Submitted: For Agenda Of: Exhibits: 1. 03/17/94 03/23/93 Letter received 3-9-94 from Susie Harle of Sebastian River Jr. Woman's Club EXPENDITURE REQUIRED: AMOUNT APPROPRIATION BUDGETED: REQUIRED: SUMMARY STATEMENT The G.F.W.C. Sebastian River Jr. Woman's Club is requesting permission from the City Council to utilize Riverview Park on Sunday, November 27, 1994 to hold a harvest craft fair. Arts and crafts will be displayed and offered for sale, along with some food items. Onless otherwise applied for to City Council, the following are established rules for use of Riverview Park: 1. $100.00 Security Deposit 2. No vehicles in the park. 3. Applicant to provide sufficient waste receptacles and clean up after event. 4. No alcoholic beverages are permitted within the park. 5. All displays must be clear of the sidewalks and entranceways. 6. Any goods for sale must be handmade by members of the organization. 7. Applicant must contact and receive approval from the Health Department regarding the sale of food. Staff has no objections to this request. Page 2 RECOMMENDED ACTION Move to approve the request from G.F.W.C. Sebastian River Jr. Woman's Club to use Riverview Park on November 27, 1994 1994, with standard conditions. DEAR CITY COUNCIL~ THE G.F.W. C. SEBASTIAN RIVER JR. WOMAN'S CLUB WOULD LIKE TO REQUEST RIVERVIEW PARK FOR NOVEMBER ~TTH i994. WE WILL AGAIN SPONSOR OUR HARVEST CRAFT FAIR FOR THE CITY SEBASTIAN. LAST YEAR WE HAD A GREAT TURN OUT AND EXPECT EVEN A GREATER ONE THIS YEAR. WITH THE MONEY WE RAISE WE PUT IT BACK INTO THE COMMUNITY FOR VARIOUS PROJECTS. THIS ¥'EAR WE WOULD LIKE TO INCLUDE SOME FOOD ITENS SUCH AS BA~ED GOODS, SOFT DRINKS AND SANDWICHES° WE WILL BE LOO~ING INTO THIS FURTHER TO MAKE SURE ALL NECCESSARY HEALTH CODES AND PRECAUTIONS WILL ~E TAKEN TO MA~E SURE THE'CRAFT F~IR WILL BE A GREAT SUCCESS FOR THE CITY OF SEBASTIAN. OUR GOAL IS TO MAKE A ENJOYABLE EVENT FOR THE COMMUNZTY TO BE PROUD OF AND TO ~ENEFZT FROM. THANK YOU FOR ALL OF YOUR HELP' AND CONSIDERATION IN THIS MATTER. G. F. W.C. SEBASTIAN RIVER JR. WOMAN' S CLUB. FOR FURTHER INFORMATION PLEASE CALL: SUSIE HARLE AT City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: RECOMMENDATION FROM THE CONSTRUCTION BOARD REGARDING ) Agenda Number: THE RESIGNATION OF NYRA ENLOW ) I Dept. Origin: Community Deyelopme~ Approval for Submittal By: ) Date Submitted: 3/0~./94 (B~)~ City. Manager ) ) For Agenda Of: 3/23/94 ) ) Exhibits: ) 1. Letter of resignation from ) Nyra Enlow ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At their meeting held 3/8/94, the Sebastian Construction Board regretfully accepted the resignation of Nyra Enlow. RECOMMENDED ACTIQN Move to accept the resignation of Nyra Enlow to be effective immediately. March 1, 1994 TO: FROM: RE: City of Sebastian Construction Board Nyra M. Enlow Membership Resignation Construction Board Members: Please accept my resignation from the Sebastian Construction Board. It has been both a pleasure and an enlightening experience to be an alternate board member and a regular board member. I will be moving to South Indian River County and will no longer be eligible for the position I now hold. Sincerely, Nyra Enlow City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: MEMBERSHIP APPOINTMENT TO THE CODE ENFORCEMENT BOARD Approval for Submittal By: City Manager ) Agenda Number: ~,O~ ) ) Dept. Origin: Community .D.e.~elopment ) ) Date Submitted: 0.3..J. 16/94 ) ) For Agenda Of: 03123/94 ) ) Exhibits: ) 1. ) Application for Salvatore F. Neglia EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the Code Enforcement Board meeting of March 16, 1994 the following motion was made: A motion was made by Louis Nicolini, seconded by Joseph recommend to City Council the appointment of Salvatore F. Member position. Generazio to Neglia to the E~COMMENDED ACTION Move to recommend to City Council the appointment of Salvatore F. Neglia to fill the Member position, term expiring 3/97. 9_. 3. 4. 5. 7. 8. 9. APPLICATION TO SERVE ON CITY BOARD HOME ADDRESS: BUSINESS: BUSINESS ADDRESS: BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: ~7/-~-~/ ~ DRIVERS LICENSE NUMBER:~0- 7~ -~. ~--/~ RESUME OF EDUCATION AND EXPERZENCE: /~r ,.,~ (use additional sheets if necessary or submit resume if available) 10. 11. 12. 13. 14. 15. Are you a resident of the City? Length of Residency Do you hold a public office? Do you serve on a City Board at present? Yes ~/No Yes No Z Yes-- No~ PLEASE' CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: · (Please number in order of preferehCe with first'choice being "!" ) *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD*PLANNING AND ZONING HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? 17. What reasons do you ha~ for washing to serve on an advisory board? .'.:: ~-~i~:.~.~ --.----- DATE : ~ 04, 1994 ~ 10 : ~athrYn-O'Halloran, City Clerk _ · inwstlOstor ~~ ............. ~ a c~ck tot wants/warrants for th~ above ~ ~r reveal that: ~ - (x) ~ active want or warrant for.s~3ect ls . ~4/~~: . Sebastian Police De,arrant ' i ~. ~L~ ~ ~ .g ~ID ~RiDA D~ LI~E. i , TO: FROM: SUBJECT: DATE: City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 M E M 0 Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk Investigation - Board Application Salvatore F. Neglia March 2, 1994 Attached please find board application of Salvatore F. Neglia for investigation, in accordance with Resolution No. R-91-38, to serve on a City Board. /js Enclosure City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: Street Improvement Program FY 93/94 Approved for Submittal By: City Manager ~J~3~ ~/ Agenda No. Dept. Origin Date Submitted ENG / P~ 03-10-94 For Agenda of 03-23-94 Exhibits: Cost Estimate and Updated list of streets EXPENDITURE REQUIRED: $162,500 AMOUNT APPROPRIATION BUDGETED: $162,500 REQUIRED: SUMMARY STATEMENT An updated list of streets to be overlayed as part of the street improvement program for FY 93/94 is enclosed for your review. This list was updated due to recent requests because of a newspaper article describing the improvement program. In order to stay within the budgeted amount not all of the streets can be done. Therefore, I am requesting that the City Council determine a priority list based on the attached cost estimates. For all the streets on the attached list to be overlayed in this fiscal budget the City would need to allocate an additional $62,051. Otherwise, the suggested list of streets, 1 thru 15 would be within the budgeted amount. The City would not engage any street overlays unless funds were available. I request your direction on which streets should be completed. RECOMMENDED ACTION Move to approve the proposed street improvement program for the streets identified for a. total expenditure of $162,500. I City of Sebastian I 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5,330 D FAX (407) 589-5570 SUBJECT: Authorization ~o Proceed - Airpor~ Master Plan Approved for Su~m/ttal By: tit, Manager ~~ ...... Dept. of Origin: City Manager (JLK) Date Submitted: 03/15/94 · or Agenda of= 03/23/94 Exhibits= EXPENDI~-I~E REQUIRED: AMOUNT BUDGETED STATEMENT The next step in our :quest for funding is to apply for federal assistance from the Department of Transportation (Federal Aviation Administration). We have received the Finding of No Significant Impact (FONSI) for the reactivation of Runway 9-27. The FONSI is available at the City Clerk's office for inspection by the public and a notice in ~he local newspaper attesting to the FONSI has been accomplished. I Staff requests approval, to proceed %ith the implementation of ~he Airpor~ Master Plan. The next step is to advertise (Request for i Proposal) for a qualified consulting engineering firm to file the pre-application and provide engineering assistance when we are funded. RECOMMENDED ~CTI~N I Recommend Approval. I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: St. Johns River Water Manage- ment District Consumptive Use Permit for the Filbert Street Water Treatment Plant Approval for Submittal By, city Manager: ) Agenda No. ) ) Dept. of Origin Utilities ) ) Utilities Director~. /~ ) ) Date Submitted: March 16, 1994 ) ) For Agenda Of: March 23, 1994 ) ) Exhibits: Martman & Associates, Inc. Proposal EXPENDITURE REQUIRED: $19,700 AMOUNT BUDGETED: APPROPRIATION REQUIRED: $19,700 (Au~o~z~ Use of B~dPr~e~s) SUMMARY STATEMENT The St. Johns River Water Management District Consumptive Use Permit for both potable water wells at the Filbert Street Water Treatment Plant expires on June 30, 1994. This particular permit renewal was identified by Nartman & Associates, Inc. in the Engineering Report for the Utilities System Revenue Bonds. Attached is the Hartman and Associates, Inc. proposal to prepare the necessary documentation for the permit renewal. In lieu of a lump sum contract based on a set fee, I have requested that the project be billed on an hourly basis with a cost not-to-exceed total. The reason for this is that Hartman & Associates can not anticipate the extent to which the St. Johns River Water Management District will require additional information during the permit process. Requests for additional information by the District may result in several thousands of dollars in consulting fees to satisfactorily address the District's concerns. During the application process, the Sebastian Utilities Department will assist in any manner possible to help control costs. RECOMMENDED ACTION Since time is of the essence, I recommend that the City council appropriate the funds in %he amount of $19,700 and approve the Hartman & Associates proposal to provide engineering services for preparation of the Consumptive Use Permit. H 4 TM 4 N? & ASSOCL&TES, INC. engineers, hydrogeologists, surveyors & management consultants March 14, 1994 I-IAI ig02-023.14 . I ~PRiN'CIPI .lames E. Christopher, Charles W. Drake, P.G. Gerald C. Hartman, F~E. Mark 1. Luke, EL.S, Mark A, Rynning. 1 Mar,old E. ,'4Chmidt, Jr,, ASSOCIATES: Rober~ J Or, MAI Scott C. Qujrllan, Timolhy A. Mr. Richard B. Votapka, P.E. Utilities Director City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: City of Sebastian St. Johns River Water Management District Water Use Permit Renewal Dear Mr. Votapka: This letter constitutes Hartman & Associates, Inc.'s (HAD engineering and hydrological proposal to prepare the necessary documentation to renew the City's St. Johns River Water Management District (SJRWMD) water use pexmit (WUP). The SJRWMD WUP expires on June 30, 1994. Generally, should be submitted within 60- to 90-days of the permit expiration date to provide for sufficient review time by the SJRWMD. The WUP renewal package will need to include, but not limited to, projected withdrawal and potable water demands, impacts on groundwater, surface waters and wetlands, a safe yield analysis and a water conservation plan. The cost for the WUP were funded in the $5,000,000 City of Sebastian, Florida, Utilities System Revenue Bonds, Series 1993. The proposed scope of services for preparing the necessary documentation to support the WUP renewal to SJRWMD will include the following: Data collection. The necessa~ data for the permit renewal will be collected, to supplement the data previously collected for the City's Water and Wastewater Master Plan. This data will include, but not limited to, well drawdown information, well pumping tests, historical groundwater levels and quality, etc. Pre-application conference. A pre-application conference with the SJRWMD is proposed to discuss the project with the District. In addition, at this meeting a draft permit application will be provided to the District for review and discussion. This meeting will enable the District to fully understand the potable water needs of the City in relation to the overall area of the County. 201 EAST PINE STREET · SUITE 1000 · ORLANDO, FL 32801 TELEPHONE (407) 839-3955 · FAX (407) 839-3790 ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE Mr. Richard B. Votapka, P.E. March 15, 1994 Page 2 3. Final ~ atyolication and submittal. Based on the results of the pre- application c°~i~erence the final WUP would be prepared, complete with the necessary documentation (e.g., modeling, water conservation plan, etc.,) to support this permit application to the SYRWMD. 4. Rea_uest for Additional Information. HAl will respond to all requests for additional information (RAI's) from the SYRWMD and provide any additional supporting documentation necessary in a timely manner. The total estimated not-to-exceed cost, or upset limit, for this project is $19,700.00, and as we discussed all work on this project will be billed on an hourly basis to the City. The proposed schedule for this assignment is 45-days from authorization to submit the initial permit application, followed by the necessary time to respond to any RAI's. In addition, our General Provisions for permit renewal and study services are pwvided in Attachment "A" and made part of this Agreement with the City. I will be the Principal-in-Charge of this project throughout its duration. I will be assisted by -Mr. Gary ReVolt, II, P.E., Mr. W. Bruce Lafrenz, P.G., Mr. Douglas Dufrense, P.G., and Mr. William Wasson for the duration of the project. As with all our projects with the City, we are committed to provide quality and cost effective services. If this proposal is satisfactoryto you, please sign both copies, an~ return one (1) copy to our If, however, you office for our records, should have any questions, please do not hesitate to call me. Very truly yours, Harold E. $chn~l'~t, Jr., P.E. Vice President Accepted by: Date: Attachment: HES/clh/P16/votapka.hea ATTACI~ViENT A GENERAL PROVISIONS Attached to and made a part of LETTBR AGREEMENT, dated March 14, 1994, between the City of Sebastian (OWNER) and Hartman & Associates, Inc. (ENGINEER) in respect of the Project described therein. 3.1. Provide aH criteria and full information as to OWNER's requir~nents for the Assignment and designate in writing a person with authority to act on OWNER's behalf on all matters concerning the Assignment; SECTION 1 - BASIC SERVICES OF ENGINEER 1.1 After written authorization to ENGINEBR shall perform the professional services: following 1.1.1. Consult with OWNER to clari~ aud define OWNER's requirements for the Assignment and review available data; 1.1.2. Advise OWNER as to the necessity of OWNER's providing or obt~ialng from others special services and data required in connection with the Assignment and assist OWNER in obtaining such data and services; 3.2. furnish to ENGINEER aH existing studies, reports and other available data pertinent to the Assignment, obtain or authorize ENGINEER to obtain or provide additional reports and data as required, and furnish to ENGINEER services of others required for the performance of ENGI]qEER's services hereunder, aud ENGINEER shall be entitled to use and rely upon all such information and services provided by OWNER or others in performing ENGINEER's services under this Agreement; 3.3. arrange for access to and make nll provisions for ENG]2qEER to enter upon public and private property as required for ENGINEER to perform services hereunder; 1.1.3. Provide analyses of OWNER's needs with evaluations and comparative studies of prospective solutions; 1.1.4. Prepare a Report of ENGINEER's findings and recommendations and furnish five copies of the Report and review it in person with OWNER. 1.2.1 The duties and responsibilities of ENGINEER described above are supplemented and amended as indicated in the cover letter which is attached to and made a part of the Agreement. ,,,S ,~CTION 2 - ADDITIONAL SERVICES 2.1. If authorized in writing by OWNER, Additional Services related to the Assignment will be performed by ENGINEER for au additional professional fee. SECTION 3 - OWNER'S RESPONS1BIL1TIF, S OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: HES/ch/P 13/Sebast. AtA -l- 3.4 perform such other functions as are indicated in the cover letter; and 3.5. bear all costs incident to compliance with the requirements of this Section 3. SECTION 4 - PERIOD OF SERVICN 4.1. ENGINEER's Basic Services will be performed and the Report submitted within the time period or by the date stipul-__t~ in the cover letter. 4.2. ENGINEER's Basic Services under this Agreement will be considered complete at the earlier of (1) the date when the Re~ort is accepted by OWNER or (2) thirty days after the date when the Report is submitted for final acceptance, plus in each case, if applicable, such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the Report. 4.3 ENGiNEER's Add/t/onal Services will be performed and completed within the time period agreed to in writing by the parties st the time such services a~ authorized. SECTION 5 - PAYMENTS TO ~N~[NtEER 5.1. Methods of Payment for Services of ENGINEER. 5.1.1 For Basic Serviaes. OWNER shall pay ENGINEER for all Basic Services rendered under Section 1 as follows: 5.1.1.1. On the basis set forth in Exhibit A "Hourly Rate Schedule", respectively 5.1.2. For Additional $~r~ic~. OWNER shall pay ENGINEER for all Additional Services rendered under Section 2 on the basis agreed to in writing by the parties at the time such services are authorized. 5.1.3. Reimbursable Expenses. In addition to the payments provided for in paragraphs 5.1.1. and 5.1.2, OWNER shall pay ENGINEER the actual costs (except where specific~y provided otherwise) of all Reimbursable Expenses incurred in connection with all Basic Services and Additional Services. Reimbursable expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professioual associates or consultants directly or indirectly in connection with the Project, such as expao~ for:. transportation, and subsistence ineideatal there.to., reproduction of r~xnts, toll telephone calls and postage~ ~o~eJc ~ -t~ h',n;hat'~$ 5.2. ENGINEER shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expeoses incurred. OWNER shall make prompt monthly payments in response to ENGINEER's monthly atatementa. 5.3. ENGINEER's above charges are on the basis of prompt paymeat of bills mudered and continuous progress of the work on the Assignment until submission of the Report. 5.4. If OWNER fails to make any payment due ENGINEER for services and expense* within thirty days after receipt of ENGINEER's statement HES/ch/P 16/Sebast. AtA -2- ,~. _,-,~. _t_~, __ .__ .,-, ENGINEER may, ~ giving seve~ dsy's written notice to OWNER, suspend services under this Agreement until ENGINF~R has bee~ paid in full sll smounts due for services, expaases and charges. $~CTiON 6 - COST CONTROL ,,, 6.1. OWNER's budgetary requirements and considerations in respect of the Assignment are set forth in Exhibit-A 'Scope of Services and Schedule". 6.2. Opinions of probable construction cost, fimmcial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations aud maintenauce costs prepared by ENGINEER hereunder will be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experimced and qualified design professional. It is recognized, however, that ENGINEER does not have control over the cost of labor, material, equipmeut or services furnished by others or over market conditions or OWNERs' methods of determining their prices, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of *he Report must of necessity be speculative until completion of its detailed design. Accordingly, ENGINEER does not guarantee that proposals, bkts or actual costs will not vary from opinions, evaluations or studies submi~e-J by ENGINEER to OWNER hereunder. SECTION 7 - GENERAL CONSIDERATIONS 7.1. All documeots prepared or furnished by ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to this Agn'~ement are instmmeats of service and ENGINEER shall retain an ownership and property interest therein. OWNER may make and retain copies for information and reference; however, such documents ar~ not inttmded or represmted to be suitable for reuse by OWNI~R or others. Any reuse without writtea verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or the ENGINEER's independent professional associates or consultant, ~ I ~..~.~ ~ .I ll& & J~- -11 I .1 Any such verification or -a,ptation will cufifle ENGINEER to further compensation at rntes to be agre~l upon by OWNER and ENOINEttR, 7.2 The obligation to provide further services under this Agreement may be t~rmlnntegl by either party upon thirty days' written notice ia the eveat of substantial failm by the other party to perform ia ac~rdance with the terms thereof through no fault of thc terminating pa~t~. In the event of any termination, ENGINEER will be pa/d for all services rendered and Reimbursable Expenses incurred to the date of term/nation and, in sddition, all Reimbursable Expens~ directly attributable to termination. 7.3.1. OWNER and ENGINEER each is here. by bound and the partners, successors, executors, administrators and legal repreoe~tafive8 of OWNER and ENGINEER (and to the extent pea'miRed by paragraph 7.3.2 the assigns of OWNER and ENGINEER) aze hereby bound to the other patty to this Agreement and to the partners, successors, executors, administrators and legal representatives HES/ch/P 16/Sebast. AtA -3- (and said agsigns) of each party, ia respect of all covenants, agreements and obligations of the Agreemmt. 7.3.2. Neither OWNER nor ENGINEER shall assign, sublet or mmsfer any rights under or interest ia (ia¢luding, but without limitation, moneys that may become due or moneys that are due) this Agrecmmt without the wriuzn consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary ia any writte~ conseut to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained ia this paragraph shall prevent ENGINEER from employing such independent professional associated and consultants ss ENGINEER may deem appropriate to assist ia the performance of services hereunder. 7.4 Nothing under the Agreement shall be construed to give any rights or benefits ia the Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertakea pursuant 'W this Agreemeat will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 'EXHIBIT A' HARTMAN AND ASSOCIATES, INC. HOURLY RATE SCHEDULE (S/HR} EFFECTIVE 7/1193 HOURLY EMPLOYEE CLASSIFICATION I~,T; G. C. Hartman Principal, P.E. $108.00 H. E. Schmidt Principal, Project Manager, P.E. $108.00 J. E. Christopher Principal, Project Manager, P.E. $108.00 C. W. Drake Principal, Project Manager, P.G. $92.83 M. A. Rynning Principal, Project Manager, P.E. $92.83 M. I. Luke Principal, Project Manager, P.L.S. $92.83 R.J. Ori Financial Manager, CPA, MBA $85.67 J.W. Vogt Engineer VIII, P.E. $70.09 W.D. Musser Engineer VIII, P.E. $70.09 T.A. Hochuli Engineer VIII, P.E. $70.09 S. C. Quinlan Engineer VI, P.E. $61.67 W. B. Lafrenz Hydrogeologist VI, P.G. $61.02 M. Alawi Engineer rill P,E. $58.40 G.J. Revoir Engineer V, P.E.. $54.68 A.T. Woodcock Engineer V, P.E. $53.33 D. P. Dufresne Hydrogeologist V, P.G. $53.22 R. K. Cashe Engineer V, P.E. $51.30 T. J. Sievers Hydrogeologist IV $51.27 J. J. Burgiel Senior Rate Analyst $49.98 C. L. Harrouff Administrative Assistant $49.95 R. C. Copeland Senior Rate Analyst, MBA $48.68 J. D. Fox Engineer iV $47.12 at-excel/HHyratel2-?ExhA.Sch Updated 1/4/94 'EXHIBIT A' HARTMAN AND ASSOCIATES, INC. HOURLY RATE SCHEDULE (S/HR) EFFECTIVE 711193 HOURLY EMPLOYEE CLASSIFICATION RAI~E A. T. Gawad Engineer IV $46.98 T,E, Layton Engineer IV $46.74 K. Wulff Engineering Design III $45.23 .i A.K. Gay Engineer IV $44.90 G,R, Crawford Engineer IV, P.L.S. $42.53 C.E. Canada Engineering Technician III $40.50 F.A. Brinson Engineer Ill $38.07 S. G. Neumeyer Engineering Technician III $38.07 R. H. Nelson Engineering Technician III $35.91 M. J. Hudkins Engineer III $35.69 W. Wesson Hydrogeologist II $35,69 C. M. Gaylord Senior Word Processor $35.64 T. A. Calzaretta Engineering Technician III $35.10 L.W. Mitchell Engineer ii $35.10 D. Jiskoot Engineering Technician III $34.70 K. R. Liebknecht Survey Crew Chief/Survey Technician II $33.48 S.M. Fensterer Survey Crew Chief/Survey Technician II $32.81 J.A. Manning Engineer Ii $32.40 ? J. Warner Engineering Technician II $32.40 J,A. Epaves Engineering Technician II $32,40 E, Jenkins Survey Technician II $32.40 et*excel/Hdyrata/2-7ExhA.Sch Updated 1/4/94 'EXHIBIT A' HARTMAN AND ASSOCIATES, INC. HOURLY RATE SCHEDULE (S/HR) EFFECTIVE 711/93 HOURLY EMPLOYEE CLASSIFICATION J.A. Baker Senior Word Processor $31.32 A. R. Terrero Word Processor $29.97 L. M. Looney Word Processor $29.16 F. Gidus Hydro Technician II $28.35 C. C. Tomlinson Assistant Rate Analyst $27.81 P.N. Williamson Survey Technician II $27.68 C.A. Lauretta Word Processor $27.14 H. A. Cox Engineer II $27.00 P.D. Teeters Word Processor · $27.00 C.W. Hardin Engineering Technician II $27.00 C.W. Sacher Word Processor $24.30 S.D. Clatchey Survey Technician I $23.63 D. Trussell Word Processor $21.60 L,E. Bennett Survey Technician I $20,93 M. Taylor Reproduction/Courier Support $20.52 S. Simon Reproduction/Courier Support $20.25 S. C. Cobert Engineer I $19.44 T.A. Eggerton Secretarial Support $18.90 C. Cuevas Secretarial Support $17.69 E. Cuevas Reproduction/Courier Support $17.55 at-excel/HHyrate/2-TExhA.Sch Updated 1/4/94 I I [ I i I I I I I I I ¥[ I ~ I I I I