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92.245
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 9, 1992 - 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.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Donald Swope - Sebastian
Presbyterian Church
4. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - Federal Constitution -
September 17 - 23, 1992 - Constitution Week
(Betty B~ock Will Accept
Proclamation)
B. Proclamation - Prostate Cancer Awareness Program
September 29 - October 11, 1992
(Dr. Joseph Crawford & Mrs. Verona Moseley
Will Accept Proclamation)
92.246
92.247
10.
11.
12.
13.
PUBLIC HEARING, FINAL ACTION
A. CWA Impasse Hearing (8:00 P.M.)
(City Manager Recommendation Dated 9/3/92, Linn
Letter Dated 8/27/92, Impasse Hearing Procedure,
Section 447.403 (4) (c), FL Statutes, McClary
Memo Dated 09/01/92)
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.
PUBLIC INPUT ON AGENDA iTEMS
CONSENT AGENDA - Ail items on the consent agenda are
considered to be routine an__~dwill be enacted by one
motion. There will be no ~ discussion of
consent agenda items unless a member of City Council
so requests; i__n which event, the item will be removed
and acted upon separately.
A. Approval of Minutes - 8/26/92 Regular Meeting,
PRESENTATIONS
MAYOR AND CITY COUNCIL MATTERS
A. Mayor Lonnie R. Powell
B. Mr. Frank Oberbeck
C. Mrs. Carolyn Corum
D. Dr. Peter R. Holyk ~
E. Mr. George G. ReAd ./_~ 1~ ~
COMMITTEE REPORTS/RECOMME~NS
A. Planning & Zoni~ C~m~ission - Fischer Island
Subdivision Pi~ ~dification (City Manager
Recommendation ~(ted 9/1/92, Memo from P & Z
Dated 8/31/92, Letter from Dr. Henry A. Fischer
Dated 7/22/92 With Backup Material)
14. OLD BUSINESS
92.248
92.249
92.250
92.251
15. NEW BUSINESS
A. ORDINANCE NO. 0-92-16 - Amending Sections of
Chapter 27 of Code of Ordinances - Utilities
(City Manager Recommendation Dated 9/3/92,
Staff Analysis of Amendments TO Utility
Ordinance, Ordinance 0-92-16)
1ST READING - SET PUBLIC HEARING FOR 9/23/92
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
VARIOUS SECTIONS OF CHAPTER 27 OF THE CODE OF
ORDINANCES, RELATING TO "UTILITIES" BY AMENDING
DEFINITIONS; AMENDING SECTION 27-5 RELATING TO
OPERATING AND TESTING; CREATING REQUIREMENT FOR
SERVICE AVAILABILITY POLICY; CREATING GUIDELINES
FOR DESIGNING SERVICE AVAILABILITY POLICY; CREATING
PROCEDURE FOR IMPUTING CONTRiBUTIONS-IN-AID-0F-
CONSTRUCTION; CREATING SECTION 27-10 RELATED TO
APPLICATIONS; PROVIDING SEVERABILITY CLAUSE;
PROVIDING FOR CONFLICTS; PROVIDING FOR ATTORNEYS'
FEES; PROVIDING FOR CODIFICATION AND PROVIDING AN
EFFECTIVE DATE.
B. RESOLUTION R-92-39 - Job Description for Building
Inspector I and Building Inspector II
(City Manager Recommendation Dated 9/3/92,
Resolution R-92-39 With Exhibits A & B, Job
Description For Building Inspector II, Step Plan)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING NEW JOB DESCRIPTIONS FOR
THE POSITIONS OF BUILDING INSPECTOR I AND BUILDING
INSPECTOR II; PROVIDING FOR INCLUSION OF SUCH JOB
DESCRIPTIONS IN THE CITY OF SEBASTIAN STANDARD
OPERATING PROCEDURES; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PART OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
C. Waive Bidding Procedure - Approve Contracting the
Verti-Cutting of the Golf Course to the Barrar
Verti Cutting Service in the amount of $5,500.00.
(City Manager Recommendation Dated 9/3/92, Memo of
Jim DeLarme, Pro-Manager & Chris McCarthy, Greens
Supt.)
D. Bid Award - Golf Pro-Shop Renovations - Lowest
and Best Bidder - Art Krieger Construction of
Veto Beach - $27,457.60 (City Manager
Recommendation Dated 9/3/93, Bid Tabulation,
Memo From Pro/Manager)
16.
17.
CITY MANAGER MATTERS
A. Amendments To Beauty Shod OccuDational Licenses
(City Manager Recommendation Dated 9/3/92, Excerpt
of Minutes of 12/4/91 Meeting)
B. "Pending" List Status
(City Manager Recommendation Dated 9/3/92,
"Pending" List With Comments & Recommendations)
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise o__n th__~e A_~enda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Spea. ker)
18. AD JOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISIONMADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WiLL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE. WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.$.)
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
SUBJECT: CWA Impasse Hearing
'~.~.. _
Approved for Submittal By:
City~~
Dept. of Origin= city Manager
Date Submitted 09/03/92
For Agenda Of= 09/09/92
Exhibits= - Linn Letter Dated 8/27/92
- Impasse Hearing Procedure
- Section 447.403 (4) (c), FL Statutes
- McClary Memo Dated 09/01/92
EXPENDITURE
REQUIRED=
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED=
SUMMARY STATEMENT
The Communications Workers of America ("CWA") and the City have
agreed to bypass a special master hearing and proceed with a
hearing before the legislative body (the city Council) in order
to resolve the current impasse. This hearing is scheduled for
8:00 p.m., on September 9, 1992. For your information, I have
enclosed a proposed hearing procedure drafted by the City's
special labor counsel, James W. Linn, Esquire. Also attached is
my recommendation to resolve the impasse.
RECOMMENDED ACTION
Conduct the impasse hearing pursuant to relevant State law.
LEONARD A. CARSON
jil, f i~ $ W.
JA,~IES C, ADKIRS
CARSON, LIN'N & ADKiNS
LAWYERS
l~AItA.lff STATION
1711- D I~AI-L~
(904) 878 -~O~7
=iA FAX
Rodney W. Smith, Esquire
Smith & Fletcher, P.A.
409 Northeast First Street
Post Office Box 628
Alachua, FL 32615
August 27, 1992
Re:
City of Sebastian--CWA Impasse
PERC Case No. SM-92-97
Dear Rod:
In response to your letter of August 19, 1992, the City of
Sebastian concurs that the impasse between the City and the CWA
should go directly to the legislative body for resolution.
Accordingly, the City joins the union in waiving the special master
process.
Pursuant to Section 447.403(4) (c), Florida Statutes, the
Sebastian City Council has scheduled a hearing to resolve the
impasse for 8:00 p.m. Wednesday, September g, 1992. The hearing
will be held at the Sebastian City Hall (City Council Chambers),
1225 Main Street, Sebastian, Florida.
Sincerely,
JWL/csc
cc:
CARSON, LINN & ADKINS
inn
Robert S. McClary, City Manager
Michael L. Grieco
9e~.'1-'92 13:il
0000 C~R$ON LINN ADK
TEL 904-8~-1000
P. 2
X. Purpose: The purpose of this hearing is to resolve the
impasse in negotiations between the City of Sebastian and the
Communications WorKers of America, Local 3180. In accordance with
Section 447.403, Florida Statutes, the City Council, sitting as the
legislative body, is required Co resolve all disputed impasse
issues by taking "such action as it deems to be in the public
interest, including the interest of the public employees involved."
2. Issues in Dispute: This impasse arose out of limited
"reopener" negotiations for the 1991-92 contract year. - The city
and the tWA are parties to a three year contract that expires in
September 1993. The 1991-92 bargaining issues were limited to
wages and one other issue selected by each par~¥, it is my
understanding that all of the issues have been resolved through the
bargaining process, except for the health insurance "buy-out" as
it pertains to part-time employees. Representatives of both
parties will have an opportunity to clarify and address the issues
in a moment.
3. COndUCt o~ the Hearing: This is a public hearing held
pursuant to Section 447.403, Florida Statutes. In order =o give
both par~ies and Cbs public a meaningful opportunity to address
issues at impasse, the hearing will be conducted as follows:
A. Each pa~y will have 20 minutes to explain its position.
This time can be allocated however the party chooses; but
neither par~y will be allowed ~ exceed 20 minutes, unless
questions from the Council prevent a party from completing its
presentation within the allotted 20 minutes. The C~ty Clerk
will keep trao~ of each party's ti~e., and advise when the
party has 5 minutes remaining and 1 minute remaining.
B. City Council members will have ample opportunity to ask
questions of the parties &f~= the presentations are
concluded. Therefore, I ask that Council members refrain from
asking questions during the parties' presentations, unless
there is something that cannot wait until the parties'
conclude.
c. Members of the public will have an opportunity to comment
following the parties' presentations. Public comment should
be directed to the issues involved in this impasse hearing,
and not to any other issues. In view of the late hour and ~he
other matters the City Council will be considering this
evening, public commen~ will be limited to a total of 10
minutes. Ail persons who desire ~o speak during the public
comment portion of the meeting will be asked Co identi~y
themselves. The time for each speaker will be allocated
accordingly.
D. Following the parties' presentations and public comment,
the City Council will have an oppor~unity to discuss =he
issues, and then vote to resolve the impasse. The Council may
vote tO adopt the position of ~/%e City, ~he union, or some
position between ~he two. The Councilfs vote will be final
and binding.
2
447.403 Resolution of impasses.
(1) If, after a reasonable period of negotiation concerning
the terms and conditions of employment to be incorporated in a
collective bargaining agreement, a dispute exists between a public
employer and a bargaining agent, an impasse shall be deemed to have
occurred when one of the parties so declares in writing to the
other party and to the commission. When an impasse occurs, the
public employer or the bargaining agent, or both parties acting
jointly, may appoint, or secure the appointment of, a mediator to
assist in the resolution of the impasse.
(2) If no mediator is appointed, or upon the request of either
party, the commission shall appoint, and submit all u/%resolved
issues to, a special master acceptable to both parties. If the
parties are unable to agree on the appointment of a special master,
the commission shall appoint, in its discretion, a qualified
~tspecial master. However, if the par~ies agree in writing to waive
he-appointment of a special master, the parties may proceed
d~rectly to resolution of the impasse ~y the legislative body
pursuant to paragraph (4) (d) . Nothing in this section precludes
the parties from using the services of a mediator at a~.y time
during the conduct of collective bargaining.
(3) The special master shall hold hearings in order to define
the area or areas of dispute, to determine facts relating to the
dispute, and to render.a decision on any and all unresolved
contract issues. The hearings shall be held at times, dates, and
places to be established by the special master in accordance with
rules promulgated b~the commission. The special master shall be
empowered to administer oaths and issue subpoenas on behalf of the
parties to the dispute or on his own behalf. Within 15 calendar
days after the close of the final hearing, the special master shall
transmit his recommended decision to the commission and to the
representatives of both par~ies by registered mail, return receipt
requested. Such recommended decision shall be discussed by the
parties, and each recommendation of the s~eciaI master shall be
deemed approved h~ both parties unless specifically rejected by
either part~bywritten notice filed with the commission within 20
calendar days after the date the par~F received the special
master's recommended decision. The written notice shall include a
statement of the cause for each re~ection and shall be served upon
the other part~.
(4) In the event that either the public employer or the
employee organization does not accept, in whole or in p~z~c, the
recommended decision of the special master:
(a) The chief executive officer of the governmental entity/
involved shall, within i0 days after rejection of a recommendation
of the special master, submit to the legislative body of the
.governmental entit-/ involved a copy of the findings of fact and
recommended decision of the special master, together with the chief
executive officer's recommendations for settling the d~sputed
impasse issues. The chief executive officer shall also transmit
his recommendations to the employee organization. If the dispute.
involves employees for whom the Board of Regents is the public
employer, the Governor may also submit recommendations to the
legislative body for settling the disputed impasse issues;
(b) The employee organization shall submit its recommendations
for settling the disputed impasse issues to such legislative body
and to the chief executive officer;
(c) The legislative body or a duly authorized committee
thereof shall forthwith conduct a public hearing at which the
parties shall be required to explain their positions with respect
to the rejected recommendations of the special master;
(d) Thereafter, the legislative body shall take such action as
it deems to be in the public interest, including the interest of
the public employees involved, to resolve all disputed impasse
issues; and
(e) Following the resolution of the disputed impasse issues by
the legislative body, the par~ies shall reduce to writing an
agreement which includes those issues agreed to by the parties and
those disputed impasse issues resolved by the legislative body's
action taken pursuant to paragraph (d) . The agreement shall be
signed by the chief executive officer and the bargaining agent and
shall be submitted to the public employer and to the public
employees who are members of the bargaining unit for ratification.
If such agreement is not ratified by all parties, pursuant to the
provisions of s. 447.309, the legislative body's action taken
pursuant to the provisions of paragraph (d) shall take effect as of
~the date of such legislative body's action for the remainder of the
~irst fiscal year which was the subject of negotiations; however,
the legislative body's action shall not take effect with respect to
those disputed impasse issues which establish the lan.guage of
contractual provisions which could have no effect in the absence of
a ratified agreement, including, but not limited to, preambles,
recognition clauses, and duration clauses. History. s. 3, ch.
74-100; s. 15, ch. 77-343; s. 192, oh. 79-400; s. 1, ch.
80-367; s. 1, ch. 84-228.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
ME M 0 ]~A N D 0 M
~ATE':
TO:
FROM:
RE:
September 1, 1992
Lonnie R. Powell, Mayor & Sebastian City Council
Robert S. McClary ~2. ~ i ~
CWA Negotiations - Recommendation for Resolving Impasse
The CWA has rejected the City's most recent proposal for settling
the remaining issues in the 1991-92 reopener negotiations. The
City had proposed the same terms as contained in the tentative
agreement reached on June 12, 1992, except that the dependent
health insurance "buy-out" would apply only to full-time
employees. Part-time employees do not receive City-paid
dependent health insurance benefits.
On August 19, 1992, CWA attorney Rod Smith asked that the union
be allowed to appear before the Mayor and City Council "for the
purpose of resolving all outstanding bargaining issues." Mr.
Smith also advised that the union had decided to bypass the
special master process and proceed directly to the legislative
body. The union's request is in accord with Chapter 447, Florida
Statutes (Florida's collective bargaining law for government
employees). The law provides that, if a public employer and
employee union are unable to reach agreement at the bargaining
table, the dispute is finally resolved by the legislative body.
The legislative body is required to hold a public hearing at
which employer and union representatives explain their positions.
At the conclusion of the hearing, the legislative body "shall
take such action as it deems to be in the public interest,
including the interest of the public employees involved, to
resolve all disputed impasse issues." The action of the
legislative body is final, and is effective for the remainder of
the fiscal year which was the subject of negotiations (i.e.,
through September 30, 1992). The section of the collective
bargaining statute dealing with resolution of impasses is
attached.
In accordance with the statute, my recommendation for resolving
the impasse is as follows:
Re: CWA Negotiations - Page #2
Recommendation for Resolving Impasse
I~ECOMMEND~TION
Ail provisions of the June 12, 1992 tentative agreement be
implemented (including the 5% across the board increase for all
~argaining unit employees effective April 1, 1992), except: the
dependent health insurance buy-out shall apply only to full-time
employees.
A summary of the overall agreement,
recommendation is attached.
including ~y above
Attachment
City of Sebastian - C.W.A. Negotiations
Summary of City Manager's Recommendations for Resolving Impasse
September 1, 1992
1. Starters and Rangers classifications will be added to positions covered by bargaining
unit.
2. Annual leave may be accrued up to a maximum of twice the employee's annual
vacation entitlement.
3. Reclassifications will be retroactive to April 1, 1992. The following positions will be
reclassified or upgraded, or receive a step adjustment effective April 1, 1992:
A. Desk Clerk, Cartman, Clerical Assistant I- steps increased to 33 cents per step.
B. Clerical Assistant II and Communications Technician- steps increased to. 33 cents
per step.
C. Mechanic- upgraded
D. Chief Communications Technician- upgraded
E. Computer Operator- upgraded
F. Maintenance Worker III- reclassified
G. El~gineering Technician- mathematical error corrected
H. Clerical Assistant I (Central Garage)- upgraded
I. Building Maintenance Technician (currently vacant)- downgraded to the same rate
as Maintenance Worker II.
4. Wages- after effect of step increases, reclassifications and upgrades, a 5% across the
board increase for all bargaining unit employees will be paid in one check retroactive to
April 1, 1992. All Starters and Rangers will be included in the step plan at rate 6, $5.90
per hour, effective April 1, 1992.
5. Group Insurance The City will continue to pay the full cost of single employee group
health insurance coverage during the term of the contract, up to a maximum of $3,900 per
year. Any cost for single coverage in excess of $3,900 per year shall be paid by the
employee through payroll deduction. Effective June i, 1992, the City will "buy out" the
cost of dependent health insurance for all regular full-time employees as follows: All
regular full-time employees who were eligible for City-paid dependent health insurance
coverage on or after June 1, 1992, but who did not elect such coverage shall receive a pay
increase of $1.56 per hour effective June 1, 1992 or the date on which they elected not to
receive dependent coverage, whichever is later. The City will pay the full cost of
dependent health insurance coverage for those employees who have continued to elect
such coverage, through September 30, 1992. Employees who receive City-paid
dependent coverage through September 30, 1992 shall receive a pay increase of $1.56 per
hour effective October 1, 1992. The City shall not pay any portion of the cost of
dependent coverage after September 30, 1992.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: REQUEST FROM DR. FISCHER )
FOR MODIFICATIONS TO HIS PREVIOUSLY)
APPROVED PRELIMINARY SUBDIVISION )
PLAT FOR FISCHER ISLAND
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community Development
(BC)?~
Date Submitted: O9/01/92
For Agenda Of:
09/09/92
Exhibits:
1. Memo dated 8/31/9h from P & Z
2. Letter dated 7/22/92 from Dr.
Henry A. Fischer with backup
material
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED,
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Pursuant to Section 20A-16.1(B) of the Land Development Code, Dr. Henry A.
Fischer is requesting the City Council to modify Section 2OA-17.2,
Paragraph J 5 which requires local streets to provide a minimum right-of-
way of 50 feet to accommodate two 12 foot lanes where curb and gutter is
used or 60 feet of right-of-way to accommodate two 12 foot lanes where
swales are proposed. Specifically, Dr. Fischer is requesting permission
to construct a roadway bridge with a 15 foot wide paved roadway over two
separate small creeks. This proposal is regarding Dr. Fischer's
previously approved preliminary subdivision plat for Fischer Island
Subdivision.
At its regular meeting of August 20, 1992, the Planning & Zoning
Commission reviewed Dr. Fischer's request and recommended to the City
Council the approval of two bridges consisting of a 15 foot wide paved
lane subject to the following:
Ail lots that are sold within the affected area shall have a deed
restriction advising the property owners of the single lane facility
and that if the subdivision is ever turned over to the City of
Sebastian, the property owners will be responsible to bring the road
up to the minimum code at that time.
RECOMMENDED ACTION
Review the request of Dr. Fischer.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
DATE:
August 31, 1992
TO: Mayor and City Council.,~/~,~.
FROM:~ Planning and ZoningS'
RE: Fischer Island Bridge Waiver Request
Please be advised that the Planning and Zoning Commission
at their regular meeting on August 20, 1992 discussed t~e
above request. The commission voted 5-0 to approve the
request for two one lane bridges in Fischer Island.
Mr. Thompson made the motion to recommend approval based on
Dr. Fischer°s presentation, staff comments and the fact that
lots will be sold with deed restrictions advising the
property owners of the single lane facility and that if the
subdivision is ever turned over to the City of Sebastian, the
property owners will be responsible to bring the road up to
code at that time.
Should you have any questions or need additional information,
please feel free to contact me.
July 22,
1992
,,JUl. 2 3 1992
P. O. Box 780068
Sebastian, Florida 32978
Telephone (407) 589-5337
Mr. Bruce Cooper
CITY OF SEBASTIAN
P.O. Box 780127
Sebastian, FL 32978-0127
RE: Fisch~_r island Suspension Bridges
Dear Bru~-e:
On November I, 1989, the City of Sebastian s£artcd the
Fischer Island site p.~an.
On April 15, 1990, five months £ater, we received
final approval. On July 21, 1992, we received the final
D.N.R. approval subject to modification of the North
and South cree~ crossings.
Rather than placing culverts and fill on the creeks,
we must place a bridge over these two crossings. The
easements are fifteen (15') feet wide and a single
lane is necessary.
lots.
lots.
The North crossing serves six (6) single-family
The South ~ross~ng serves thirteen (13) individual
I feel that the single lane bridge serving nineteen
(19) of the forty-four (44) lots wi£1 be environmentally
and aesthetically correct, as well as adequate for the
amount of traffic on these large single-family lots.
HAF:sf
File
Sincerely,
San Sebastian Springs, Inc.
SHEET 2 OF 8
FISCHER ISLAND
SUBDIVISION PLAN
o~
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ct FAX (407) 589-5570
MEMORANDUM
[,ATE:
FROM:
AL~g~.~st 1, 1992
Bruce Cooper
Director of C~,nmuni~velop,nent
Daniel C. Eckzs, P.~_~
City Engineer/Public-l~6rks Director
RE:
Fischer Island Suspension Bridges
It is my understanding that San Sebastian Springs Inc. wishes
to cortstruct two suspension bridges within the proposed
subdivsion Fischer Island. The bridges are to support a 15
foot wide, single lane bridge which is required by St. John's
River Water Management District. The bridges were proposed
in lieu of culvert pipes, that are not permittable because
the creeks were navigable waterways. According to Section
20A-17.2 Design Standards paragraph J-5 local streets are to
provide access to adjacent property which requires a minimum
right of way of fifty feet. to accomodate two 12 foot lanes
where a curb and gutter is used or sixty feet of
right of way to accomodate two 12 foot lanes where swales are.
proposed. Therefore, based on the Land Development Code, I
will require two lanes for the bridge crossings over the
waterways.
i 'believe the width of fifteen foot was not required by
STJRWMD but was considered to be more economical as compared
to a 24 foot wide bridge section.
Fischis.doc
City of Sebastian
POST OFFICE BOX 780127 rJ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 cl FAX (407) 589-5570
August 4, 1992
~D-r. Henry A. Fischer
P.O. Box 780068
Sebastian, FL 32978
Reference:
Fischer Island Suspension Bridges
Dear Henry:
The City Engineer has reviewed your request
your letter dated July 22, 1992 and his
addressed in his memo dated August 1, 1992.
as outlined in
comments are
if you still wish to pursue this matter and request relief
from the Land Development Code, please review Section 20A-
16.1(D) of the Land Development Code which allows
adjustments to be made by the City Council. Enclosed is a
copy of this section for your review.
If you have any further questions, please do not hesitate to
give me a call.
Sincerely,
B"r. ttce'
Director of Community Development
BC/gk
fish.wp
Enclosure
P. O. Box 780068
Sebastian, Flodda 32978
Telephone (407) 589-5337
A~gust 6, 1992
Mr. Bruce Cooper
CITY OF SEBASTIAN
P.O. Box 780127
Sebastian, Florida
32978-0127
RE: Fischer Island
Dear Bruce=
The Departmznt of Natural Rzsources and th~ Florida
Cabine£ hav~ granted m~ a fi~t~n f~t by fifteen feet
~ascment only for the Fischer Island ~r¢~k crossings.
However, they require that a single l~ne crossing be
provided to maintain a private road subdivision.
Under S~ction 20A-16.1(D) of thc Land Devzlopment
Code, I am hereby requesting that I be plac~d on the
agenda for th~ next Zoning Board and City Council me,tings
to obtain a variance for this project.
As yo~ ~now, this is still'in the permitting process.
HAF:sf
File
Sincerely,
Henry A Fischer,
San Sebastian Springs, Inc.
FLORIDA DEPARTMENT OF NATURAL
Marjory Stoneman 'Douglas Building
3900 Commonwealth Boulevard
~laha,ssee, Florida 32399
STATE OF FLORIDA
COUNTY OF LEON
CERTIEIGATION
RESOURCES
Lawton Chiles
Go,ernor
Jim Smith
Secre~vy of State
Bob Bo~rwonh
Attorney 6ene~
Ge~d Lewis
State ~ompr~'oller
Tom G,lla~her
State 1~easurer
Bob Cnwford
Commissioner of AgicuJtm~
BoRy ~stor
Comnti~nner of Edue~Uon
I, Judy A. Brooks, do hereby certify that the Governor and Cabinet, sitting as the Board of
Trustees of the Internal Improvement Trust Fund, met on July 21, 1992, and approved the following
Item 18 with an amendment to reduce the enhanced value of the easement to $i3,500.thereby changing
Item 18
LAND~
AND
PRESERVES
i~QUEsT: Issuance of a 20-year sovereignty, submerged land private easement contauung mreel
s~parate parcels with a total of 1,830 square feet, mom or less, for two proposed roadway crossovers
and a suspension bridge.
COUNTY:
Indian River
Application Nos. 310171224 and 310166004-
Easement No. 00264 (4121-31)
-APPLICANT: Henry Aathony Fischer
LOCATION: Section 14, Township 31 South, Range 38 East, in the Sebastian River, Class III waters,
in the Indian River - Malabar to Vero Beach Aquatic Preserve, Resource Protection Area 3, within the
local jurisdiction of the City of Sebastian.
CONSIDERATION: $29,000, representing a one-time fee including (1)(a) $1,500 for the easement
value; and Co) $27,500 as ten percent of the enhanced value of the easement.
STAFF REMARKS: The applicant is proposing to construct a suspension bridge (1.380 souare feet)
and two roadway crossovers (450square feet) to be used in conjunction with a proposed 4a-lot
residemial subdivision. The suspension bridge will span the south fork of the Sebastian River and will
accommodate pedestrian and golf cart traffic between an existing subdivision on the east side of the
fiver and the proposed subdivision on the west side of the fiver. The bridge will provide a clearance of
approximately 7.5 feet above the mean high water line of the fiver which is adequate for the small
vessels (primarily canoes) which use this portion of the waterbody.
Administration l~eaches and Shores Law Enforcement M~rine Resources Recreation and Parks Resource Management State Lands
Certification ~lUly 21,
for Agenda Item 18
Page Two
1992
The roadway crossovers will span the two small creeks that connect to the south fork of the Sebastian
River. There is an existing dirt road which has corrugated metal culverts which seem to be
approximately ten years old; one of the culverts has collapsed. The applicant proposes to remove the
existing culverts and construct roadway crossovers.
The proposed project is located in the Indian River - Malabar to Veto Beach Aquatic Preserve. As
such, thc~roJect should only be approved if determined by the Board of Trustees to be in the public
interest consistent with section 258.42(1), F.S., and section 15-20.004,(2) F.A.C. Staff is of the
opinion that the project is in the public interest since removal of the collapsed culvert and fill will
improve the water flow and water quality and the applicant has established a conservation easement over
approximately 30 acres along the Sebastian River as requested by the St. Johns River Water.
Management District.
An appraisal submitted by the applicant and approved by the Bureau of Appraisal indicates that the
value of the easement is $1,500. It has also accepted the appraiser's estimate of $275,000 for the
enhanced value. Staff recommends ten percent of the enhanced value be assessed ($27,500) since the
bridge will allow continued public use of the fiver and the two crossovers will span waters which
previously had been filled.
A local government comprehensive plan has been adopted for this area pursuant to section 163.3167,
F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in
compliance. In accordance with the compliance agreement between the DCA and the local government,
an amendment has been adopted which brought the plan into compliance. The proposed action is
consistent with the adopted plan as amended according to a letter received from City of Sebastian.
RECOMMEND P ME N I N AND PA T 2 0
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Board of
Trustees of the Internal Improvement Trust Fund this 21st day of ~Iuly, A.D. 1992.
Division of State Lands
Department of Natural Resources
SEAL
~ S. WeUmeeU
l~mm~ Dt~etor
FLORIDA DEPARTMENT OF NATURAL RESOURCES
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
T'dllaha.~see, Florida 32399
June 24, 1992
Dr. Henry A. Fischer
San Sebastian Properties, Inc.
P.O. Box 780068
Sebastian, Florida 32978-0068
Lavnon Chiles .
Governor
Jim Smith
Se~retav~ of Stat-
BOb Butten~orth
Attorney General
Gerald Lewis
Stat~ Comptroller
Tom Ga]la~er
$hta ~llmr
Bob Cra~ord
¢ommi~oner of Agrkuiture
Betty Castor
Commia~ner of Education
2ear Dr. Fischer:
Application Nos. 310171224 and 310166004
Applicant: Henry A. Fischer
This letter will confirm that the enclosed document (agenda item) has been
tentatively placed on the agenda of the Governor and Cabinet, sitting as the
Board of Trustees of the Internal Improvement Trust Fund (Board). The
recommendations shown on the agenda item will be made to the Board by the
Department of Natural Resources. If there are any inaccuracies in the item,
please call me immediately.
The request will be reviewed by the Cabinet Aides at or after 9 a.m.,
Wednesday, July 1, 1992, and will then be heard by the Board at or after 9 a.m.,
~k)Ec~,Tuesday,'July 8, 1992. Both meetings will be held in Room LL03 (Cabinet Meeting
Room), The Capitol, Tallahassee. You are welcome to attend these meetings if
necessary.
Within approximately a week following Board action, the Bureau of Submerged
Lands and Preserves' Contract Preparation Unit (904/488-2297), will transmit to
you a copy of the certification of Board action and will be responsible for
.preparing and transmitting to you the appropriate legal instruments for your
signature, if these documents are required. An invoice detailing all
fees/charges, if applicable, will also be prepared and mailed to you separately
by Fred Henriksen, Accountant in the Division of State Lands, Office of the
Deputy Director (904/488-6242).
If i can be of further assistance prior to Board action, please feel free
to contact me at the letterhead address, or by calling 904/488-2297.
Enclosure
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Administration Boadtee and Shores Law Enforcement
Sincerely, ~
Pam Gerard
Bureau of Submerged Lands and Preserves
Division of State Lands
Mmne Resources Recreation tnd P~ Resource Management State I~nds
CABINET MEETING
July 21, 1992
i'NVOCATI ON:
Ross Fleetwood
Department of Business Regulation
PLEDGE OF ALLEGIANCE TO THE FLAG:
RECOGNIZE:
SECRETARY OF STATE SMITH to recognize
Edward Fernald, Florida State University,
author of the Florida Atlas
VOTE:
Parole Commissioners
AGENDA ORDER :
~.~e Board of
Administration
~ 'sion of Bond Finance
~/~.~formation Resource Commission
~partment of Revenue
~e Board of Education
~stratio~
Florida Land & Water Adjudic~r~ Co~iss~S~
~-~uthori~ -
~rustees of Internal Improv~ent Trust Fund
Depar~en= of Natural Resources
next meeting will be Wednesday, Sept. 2
1991
CONTACTS FOR CABINET AFFAIRS
GOVERNOR LAWTON CHILES
210 cap%~ol
OFFICE PHONE FAX
* {%~ (all agendas, DOR, DOE)
---~Danny Fuchs (SBA,DNR B~__.~.MFC,Canal)
~athi Mehr (GEN.INFO.,Vet.,IRC,HSMV,FDLR,DGS
~-David M~lo~e~ (AdCom,LWAC,DER)
SECR~AR~ OF STATE JIM SMITH LL-10, Capitol
* James T. ~lack (all agendas, Vet, DGS,DNR)
FTecia Braswell (SBE, SBVE, HSMV, FDLE,
DOR,MFC,AdCom.,IRC)
----~ Pat'~mith ~ DER;Cana't,LWAC)
ATTORNEY GENERAL BOB BUTTERWORTH
'-~ * Lauren Sewell (all agendas)
--~ Patricia__j~avenport (HSMV,DOR,DER,FDLE,DGS,Canal,
DNR, O~q~
Diana Sawaya-Crane (IRC,LWAC, Selected AdmCom,
Selected BOT, Selected DNR)
PL-01, Capitol
COMPTROLLE~ GERALD LEWIS 2001, Cauito!.
_. * Mark ives (all agencies, SBA)
~.,. ..... Jimmy Henry ~ -~
~-~2~ Robert Tornill~,o> (Vez,IRC,HSMV, FDLE,&
SBE.SBVE.DOR)
~'~ Lisa Walters & --.> (AdC~,Canal,MFC,&
, Ann Jolley Proctor ~'DNR)
TREASURER TOM GAL~AG.~ER LL-27, Capitol
· Eva Armstrong (all agendas) ext.2820
--~ Anne Claussen (DNR, C~ DER, LWAC,AdCOm)
Colleen Castille (DOR,MFC,Canal,IRC,DGS,FDLE)
Alvin Bur'ney (SBE,' SBVE,DGS,AdCom,Vet,HSMV)
488-5152
488-9578
488-3684 487-2214
487-1963' 487-2564
487-0780 922-2442
922-3106
ext. 2826
ext. 2830
ext. 2828
AGRICULTURE COMRiSSIONER BOB CRAWFORD plaza Level, Capitol
488-6581
* Greg Krasovsky (all agendas)
Lisa George (DNR, ~(Tentative)
John McNeely (SBE, SBV~, AdmCom, IRC)(Tenta=ive)
EDUCATION COMR, ISSIONER BETTY CASTOR LL-24, Capitol
922-3075 488-7585
488-9780
-* Mary Lou Rajchel (all agendas)
~.~,g-a~ (MFC,CanaltDNR~MFC,LWAC)
David Rodriguez (SBE,SBVE,FDL--~-, AdCom,
DOR,HSMV,IRC,DGS, Veterans)
* Chief Cabinet Aides
"~- NOTHING IS TO BE SENT TO CABINET AIDES
·~ CABINET AFFAIRS OFFICE!
)'YL~; I ._~.i~',~
WITHOUT
488-0080 488-!492
Rev 8/29/91
GOING THROUGH THE
JUN ~ 319§2
92.SL056
REQUEST: Issuance of a 20-year sovereignty, submerged land private easement containing
three separate parcels with a total of 1,830 square feet, more or less, for two proposed
roadway crossovers and a suspension bridge.
COUNTY:
Indian River
Application Nos. 310171224 and 310166004
Easement No. 00264 (4121-31)
APPLICANT: Henry Anthony F[scher
LOCATION: Section 14, Township 31 South, Range 38 East, in the Sebastian River, Class
III waters, in the Indian River -- Malabar to Vero Beach Aquatic Preserve, Resource
Protection Area 3, within the local jurisdiction of the City of Sebastian.
CONSIDERATION: $29,000, representing a one-time fee including (1)(a) $1,500 for the
easement value; and (b) $27,500 as ten percent of the enhanced value of the easement.
STAFF REMARKS: The applicant is proposing to construct a suspension bridge and two
roadway crossovers to be t~sed in conjunction with a proposed 44-1ot residential subdivision.
The suspension bridge will span the south fork of the Sebastian River and will accommodate
pedestrian and golf cart traffic between an existing subdivision on the east side of the river
and the proposed subdivision on the west side of the river. The bridge will provide a
clearance of approximately 7.5 feet above the mean high water line of the river which is
adequate for the small vessels (primarily canoes) which use this portion of the waterbody.
The roadway crossovers will span the two small creeks that connect to the south fork of the
Sebastian River, There is an existing dirt road which has corrugated metal culverts which
seem to be approximately ten years old; one of the culverts has collapsed. The applicant
proposes to remove the existing culverts and construct roadway crossovers,
The proposed project is located in the Indian River -- Malabar to Vero Beach Aquatic
Preserve. ~.s such, the project should only be approved if determined by the Board of
Trustees to be in the public interest consistent with seetlon 258.42(1), F.S., and section 18-
20.004,(2) F.A.C. Staff is of the opinion that the project is in the public interest since
removal of the collapsed culvert and fill will improve the water flow and water quality and
the applicant has established a conservation easement over appr. oximately 30 acres along the
Sebastian River as requested b~. the St. Johns River Water Mana'g~nent District.
An appraisal st~hmitted by the applicant and apprm,ed by the Bur'~au of Appraisal indicates
that the valt~e of the easement is $1,500. It has also accepted the appraiser's estimate of
$275,000 for the enhanced value. Staff recommends ten percent of the enhanced value be
assessed ($27,500) since the bridge will allow continued public use of the river and the two
crossovers will span waters which previously had been filled.
A local government comprehensive plan has been adopted for this area pursuant to section
163.3167, F.S.; however, tbe Department of Community Affairs (DCA) determined that the
plan was not in compliance. In accordance with the compliance agreement between the
DCA and the local government, an amendment has been adopted which brought the plan
into compliance. The proposed action is consistent with the adopted plan as amended
according to a letter received from City of Sebastian.
RECOMMEND
APPROVALs.SUBJECT TO THE SPECIAL APPROVAL CONDITION
AND THESPF~CIAL EASEMENT CONDITIONS AND PAY'MENT OF
310171224. Indian River County
Henry Anthony Fischer
July 8. 1992 Aeenda
PROJECT' DESCR IP'TIC)N
Construction of a su~ension bridge over the Sebastian River and construction of two
roadway crossovers over two small creeks that connect to the south fork of the Sebastian
River.
ASSESSMENT/COMMENTS
Based
1.
on review of the project design and analyses by other agencies:
The proposed project is designed and located so as to have a minimum adverse
impact on sovereignty, submerged land resources based on anticipated minimal
impact on the ambient water quality in the subject area. The St. Johns River Water
Management District issued a permit [~or the proposed project on November 13, 1990.
The proposed project as designed and located will have no significant impact on
navigation in the area. The U.S. Army Corps of Engineers issued a permit on
February 7, 1991.
The Division of Marine Resources stated no objection to the project on May 14, 1992
provided that the standard manatee protection construction conditions are applied if
any in water construction occurs with the su~ension bridge.
The proposed project is located within an unclassified and not approved shellfish
harvesting area. The Bureau of Marine Resource Regulation and Development
stated no objection to the proposed project on October 9, 1990.
The requested easement was advertised pursuant to section 253.115 F.S. One
property owner was specifically noticed and no objection was received.
~~TEREST ASSESSMENT
Pursuant to section 18-20.004(2), F.A.C., and section 258.42(1), F.S., public interest is
determined by a balancing test, used to establish whether the social, economic and/or
environmental benefits clearly e_xceed costs.
The proposed projedt is consistent with the provisions of the Indian River -* Malabar
to Vero Beach Aquatic Preserve Management Plan adopted by the Board of Trustees
on January 21, 1986.
The Bureau of Submerged Lands and Preserves indicated on September 3, 1991 no
objection to the proposed suspension bridge and creek bridge crossovers.
Staff review of the proposed project in its entirety has revealed that the following
costs and benefits should accrue if authorized:
Costs Ben¢fi[~
The bridge will impact a.
aesthetics; however, it will
be constructed of wood
and will serve as an
observation point for b,
viewing the river.
No costs are associated
with the roadway
crossovers since they will
improve the existing
conditions.
Improving water quality by
removing a collapsed culvert and
fill from one of the creeks.
Preservation of approximately 30
acres along the Sebastian River
(through a conservation easement
to the St. Johns Water
Management District).
,JUN 1 ~3 lYYZ
31017122~4, Indian River Coun~
Henry Amhonv Fischer
July 8. 1992 A~enda
Upon analysis of the project, staff is of the op!nion that the project is in the public
interest.
~_~'EC[AL APPROVAL CO, ND[TION
The grantee shall provide a revised survey and legal description for the two small
stream roadway crossovers.
SPECIAL EASEMENT CONDITIONS
The grantee shall remove the collapsed culvert and fill prior to completion of the
roadway crossovers.
Fourteen days prior to construction of work authorized by this easement, the grantee
shall provide written notification of the date of commencement of construction to the
Planning Manager of Division of State Lands East Central Florida District Office,
3319 Magulre Bcndevard, Suite 136, Orlando, Florida 32803. Ali correspondence
should include the grantee's name and file number.
If any in-water construction occurs with the suspension bridge over the Sebastian
River, the grantee shall comply with the following conditions for the protection of the
endangered manatee:
The grantee shall instruct all personnel associated with the project of the
potential presence of manatees and the need to avoid collisions with manatees.
The grantee shall advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are
protected under the Marine Mammal Protection Act of 1972, the Endangered
Species Act of 1973, and the Florida Manatee Sanctuary Act.
The grantee shall ensure that siltation barriers are made of material in which
manatees cannot become entangled, are properly secured, and are regularly
monitored to avoid manatee entrapment. Barriers'tqm. st not block manatee
entry to or exit fr~m essential habitat. '
The grantee shall ensure that all vessels associated with the construction
project operate at "no wake/idle" speeds at all times while in water where the
draft of the vessel provides less than a four foot clearance from the bottom
and that vessels will follow routes of deep water whenever possible.
Construction activities in open water shall cease upon the sighting of a
manatee(s) within 10(1 yards of the project area. Construction activities will
not resume until the manatee(s) has departed the project area.
Any collision with and/or injury to a manatee shall be reported immediately to
the "Florida Marine Patrol" (I-800-DIAL-FMP) and to the U.S. Fish and
Wildlife Service, Jacksonville Office (904-791-2580) for North Florida and to
the Vero Beach Field Office (407,562-3909) for South Florida.
Prior to commencement of construction each vessel involved in the
construction shall display in a prominent location, visible to the operator an 8
1/2" X t1" temporary placard reading, "Manatee Habitat/Idle Speed in
Construction Area". A second temporary 8 1/2" X ]1" placard reading,
"Warning Manate~ Area" will be posted in a location prominently visible to.
water related construction crews.
115
47'3O"
32'30'
,
0
27' 26
ROAO CIJ~SIFICATION,
· Madtum-~u~.~ .... U~lh/41uty
Unlmpmwd dirt
~ ) I.lers4&te Route (-) Slate Route
/ ~7-D
FELLS~.RE, FLA.
N 274 S--WSO3OJ7I 5
1949
27'45'
OVERALL PI_AN
City of Sebastian
POST OFFICE BOX 780127 c3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Amendments to Utility Ordinance
Approved for Submittal By:
City Manager
) Agenda No.
)
) Dept. Origin
)
) Date Submitted:
)
) For Agenda Of
)
) Exhibits:
)
)
Finance (MLH)
September 3, 1992
September ~, 1992
Ordinance 0-92-16
Staff analysis of amend-
ments to utility ordinance
Expenditure Amount Appropriation
Required: -0- Budgeted: -0- Required: -0-
SUMMARY STATEMENT
Chapter 27 of the Code of Ordinances of the City of Sebastian as currently enacted and
amended, does not address issues which have been discovered and analyzed since its
adoption. The City finds that the current Chapter 27 of the Code lacks any sufficient
mechanisms or guidelines for the approval of adequate service availability policies as well
as other pertinent findings. These amendments to the utility ordinance will require all
franchised utilities to develop a service availability policy, how contribution in aid of
construction (CIAC) is to be computed and a method to impute CIAC where such
computation has been omitted, places the burden of costs of filing rate cases on the utility,
and sets forth what approval is required for increasing rates.
RECOMMENDED ACTION
Approve Ordinance O-92-16 on first reading and set public hearing and final adoption for
September 23, 1992.
ANALYSIS OF AMENDMENTS TO
UTILITY ORDINANCE
Prepared by: Michael L. Hudkins, CPA, Finance Director
September 2, 1992
Executive Summary
These amendments to the Utility Ordinance will to require all franchised utilities to
develop a service availability policy, how Contribution in Aid of Construction (CIAC) is to
be computed and a method to impute CIAC where such computation has been omitted,
places the burden of costs of filing rate cases on the utility, and sets forth what support
and approval is required for increasing rates.
Authority Pages 1 and 2 cite authority for Sebastian to regulate franchised water and
sewer utilities within the City.
Service Availability Policy Pages 3 and 4 support adopting guidelines for the approval
of service availability policies and to regulate levels of CIAC during future rate cases and
proceedings by utilities regulated by the City.
To encourage the proper balance of rates of return on utilities invested capital and
compelled CIAC, prior determinations of rate base or CIAC will not be binding on future
rate case decisions of the City.
The City will adopt an application fee not to exceed $50,000, to recoup the costs
to review and process rate case applications. These costs would then be borne by the
utility, not the City, and would be allowed as an operations expense to be recovered in
their rate base over a 10 year period.
Page 6 defines "service availability policy" as a policy to set forth a uniform
method of determining charges and conditions to obtain water and sewer service. Page 7
technically defines a "utility".
Operations and Testing Section 3, page 7 amends Section 27-5 of the Code of
Ordinances such that upon completion of the initial portion of a utility plant, the applicant
must comply with rules and regulations of all agencies of jurisdiction including Sebastian,
pertaining to operations and testing.
Application for Rate Changes Section 27-7 is added to the Code of Ordinances
which requires all utilities to develop a service availability policy, and any change in rates
or charges must be supported by a showing of cause proceeding, if required by City
Council.
Section 27-8 sets guidelines for designing a service availability policy. The
maximum CIAC net of amortization is limited to 75% of the original facilities (at designed
capacity) costs less accumulated depreciation, nor less than the percentage of facilities
represented by transmission and distribution and sewage collection systems. Council may
waive compliance of this if shown to be in the best interest of the customers of the utility.
Section 2%9 defines the imputation of CIAC when CIAC has not been recorded
on the books of the utility or the utility did not submit substantial evidence as to the
amount of CIAC. As above, Council may waive this requirement when shown to be in the
best interest of the utilities customers.
Section 27-10 sets forthe the procedure to apply for a rate increase, the payment
of the application fee, and procedures for waiver of specific data as required by the Florida
Administrative Code.
O~.DXNJ~ICE NO.
]~T OIP,.i~:ZNANCE OF TI~ CTTy COUMC'rL Or T~ CZTY OF
BBB~TZ~ ~~ R~R COU~Y; F~R~DA~ ~ND~NO V~OUB
SECTIONS OF C~BR 27 OF THR CODE O~ O~N~CR8,
8~CT~OM 27-5 RE~TXNG ~ O~B~TZMG ~ TEBTXMG; ~ATXMG
~QUZ~~ FOR 8ERVXCR XV~ZLXTY ~LZ~;
~UXDELXNE8 FOR DKSZG~NO BBRVXCR AVAZ~XLXTY ~LXCY;
C~ATXN~ PROCEDU~ FOR XM~XNG CO~RXBOTZONB-ZH-AZD-
OF-COMSTRUCTXON; C~TZNG SB~ZOM 27-~0 RB~TZD
FOR ~MFL~CTS; ~ROVIDIN~ FOR ATTO~RY0* FEES;
FOR CODiFICATiON ~ P~V~DINg ~ EFFECTIVE DATE.
WHEREAS, the~ity Counc~ of the Ci.~.--Of Sebastian, ..t-nd-[-~-n
River county, has determined that ................
WHEREAS, the ~ity Council/des£res to . ~,..---~ ...............
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN; INDI]dIRIVBR CO~Y; F~RIDA, as follows:
~. The City Council of ~he City of Sebastian
hereby ma~es the following findings of fact and makes ~he following
declarations of intent:
(1) The Florida Constitution in Article VIII,
Section 2(b), grants unto cities all governmental,
corporate and proprieta~ powers ~o enable =hem ~o
conduc~ municipal government, perfo~m~icipal functions
and render municipal semites, and authorizes cities to
exercise any power for municipal pu~oses exoep~ as
othe~ise provided by law.
(2) ~rsuant to Chapter 166, Florida Statutes (~he
"Municipal Home Rule Powers ACC"), 2he Florida
~gisla~ure in turn ex~ended =o ci~ie~ ~he exerci~e of
powers for municipal governmental, corporate, or
I
proprietary purposes not expressly prohibited by the
Constitution, general or special law, or county charter
and removed any limitations, Judicially imposed or
otherwise, on the exercise of home rule powers other than
those expressly prohibited.
(3) The City has previously invoked the Municipal
Home Rule Powers Act through the adoption of its Home
Rule Charter and numerous ordinance~-
(4) The City's Home/dharter grants it all
governmental, corporate, and proprietary powers to enable
it to conduct municipal government, perform municipal
functions and render municipal services, and may exercise
any power for municipal purposes except as otherwise
provided by law.
(5) Pursuant to its Home Rule Powers, the City has
previously adopted Chapter 27'of the code of Ordinances
~of the City of Sebastian for the regulation
of franchised water and sewer utilities within the City.
(6) As currently enacted and amended, Chapter 27
of the Code has become outdated and doe~ not address
issues which have been discovered and analyzed since its
adoption.
(7) The City finds that the current chapter 27 of
the Code lacks any sufficient mechanism or guidelines for
the approval of adequate service availability policies.
- 2 -
(8) Adopting guidelines for the approval of service
availability policies can accomplish many beneficial
objectives, including preserving reasonable rates for
utility services, preventing cash-flow crisis resulting
from insufficient income to cover expenses, creating
incentive for the owners to efficiently and effectively
manage =he utility company, and properly allocating the
risk of potential nondevelopment of new service areas.
(9) Utilities with excessive amounts of
contributions-in-aid-of-construction ("CIAC") can
experience a cash-flow crisis with no income to cover
increased expenses, leading to inadequate and unsafe
operation and maintenance.
(10) Utilities controlled by development companies
can also manipulate lot sales contracts and developer
agreements to unreasonably and unfairly inflate the rate
base, thereby causing rates to be unjust, unfair, and
inequitable.
(11) since CIAC is. by its nature compelled to be
contributed by the customers, there is a substantial
public interest in providing guidelines for the approval
of just, fair, and equitable service availability
policies justifying substantial public scrutiny.
(12) Since service availability policies are
intertwined with all rates of a given utility, the City
finds it to be in the best interests of the public
-- 3 --
health, safety, and welfare to address and regulate
appropriate levels of CiAC during all future rate cases
or proceedings of any utility regulated by the City.
(13) The City also finds it to be in the best
interests of the public health, safety, and welfare to
encourage a fair and proper balance between the utility
owner'~ invested capital and compelled CIAC so that all
rates are just, fair, and equitable.
(14) Prior determinations or reported levels of the
rate base or CIAC are hereby found to be non-binding on
future rate case decisions of the City.
(15) The City also declares its intent to implement
this ordinance in a manner such that a utility's rate of
return is not impaired.
(16) Because of the additional work effort: which
will be involved for the City in order to review and
process rate applications for utilities, the City has
determined to adopt an application fee to defray the
estimated costs of said review and processing.
(17) The City has scheduled and conducted the
necessary public hearings and received testimony and
other competent and substantial evidence to support its
actions and the findings set forth herein.
(18) The City hereby declares its intent that this
ordinance be liberally construed to effecu its purposes
- 4 -
and to provide for Just, fair, and equitable rates to
consumers.
(19) In the franchises it has previously granted,
the City has reserved the right to fix utility rates
which are just, reasonable, compensatory, and not
unfairly discriminatory.
;:-.~. _(20) Section 27-20(b) of the Code also provides that
the issuance of any franchise shall be further subject
to all applicable City regulations.
sectio~ 2. T~at Section 27-1 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 27-1. Definitions.
[As used herein, the following words and phrases shall
have the meanings respectively ascribed to them:]
City refers to the City of Sebastian, Florida.
Franchise-means a contract with the City by which
the utility is licensed to conduct a particular business
within a particular area for a given period of time.
Service Availability Policy refers to a policy which
sets forth a uniform method of determining the system
capacity charge or other charges to be paid and
conditions to be met by applicants for service in order
to obtain water and sewer service.
Utility means water or sewer utilities serving
subdivision, apartment and housing
condominium, mobile home or trailer parks,
complexes,
industrial
complexes, shopping center and similar systems.
"Utility" includes wells, pumps, tanks, treatment
facilities, distribution systems, water meters, disposal
facilities, force mains, pump stations, collection
systems, service lanes and pipes, real estate and
easements necessary to such systems and includes every
person, corporation, lessee, trustee, or receiver owning,
operating, managing or controlling a utility systems or
proposing construction of a system or who is providing
or proposes to provide water or sewer service to the
public.~/
~~_~. That Section 27-5 of the Code of Ordinances,
City of Sebastian, Florida, is amended ko read as follows:
~ Section 27-5. Operating and testing in accordance
with agency rules and regulations.
Upon completion of the initial portion of the
utility plant, the applicant shall be responsible for the
operation and regular testing of the utility in
accordance with therules and regulations of all agencies
having Jurisdiction, including without limitation the
city of Sebastian.//
Section 4. That the Code of ordinances, City of Sebastian,
Florida,. is hereby amended by adding a section to be numbered
Section 27-7, which said section shall read as follows:
~ Sec. 27-7. Applicability.
- 6 -
(a) Ail utilities within the jurisdiction of the
city of Sebastian must develop a service availability
policy.
(b) The provisions of Section 27-7 through 27-9
shall apply to any utility that on or after September 2,
1992, (i) files or applies for a change to any of its
~.. _ rates or charges or (ii) when the Council of the City of
Sebastian, Florida, initiates a show cause proceeding to
require the utility to adopt or change a service
availability policy or charges.//
$~t~on 5. That the Code of Ordinances, City of Sebastian,
Florida, is hereby amended by adding a section to be numbered
Section 27-8, which said section shall read am follows:
~Sec. 27-8. Guidelines for designing service
availability policy.
(a) A utility's service availability policy shall
be designed in accordance with the following guidelines:
(1) The maximum amount of contribution-
in-aid-of-construction, net of amortization,
should not exceed seventy-five percent (7S%)
of the total original cost, net of accumulate
depreciation, of the.utility's facilities and
plan when the facilities and plant are at
their designed capacity; and
(2) The minimum amount of contributions-
in-aid-of-construction should not be less than
the percentage of such facilities and plant
that is represented by the water transmission
and distribution and sewage collection
systems.
(b) In any case where compliance with the
guidelines of subsection (a) introduces unusual hardship
or unreasonable difficulty, and the Council of the city
of Sebastian, Florida, utility, or interested party shows
that it is not in the best interest of the customers of
the utility to require compliance, the Council may exemp=
the u=illty from the guidelines.//
~g_~_~. That the Code of Ordinance, City of Sebastian,
Florida, is hereby amended by adding a section to be numbered
Section 27-9, which said section shall read as follows:
~ Sec. Z7-9. Imputation of Contributions-in-aid-of-
construction.
(a) If the amount of Contributions-in-aid-
of-construction ("CIAC") has not been recorded on
the utility's books and the utility does not submit
competent substantial evidence as to the amount of
CIAC, the amount of CIAC shall be imputed to,the
amount of plant cost charged to the cost of land
sales for tax purposes if available, or the
proportion of the cost of the facilities and plant
attributable to water transmission and distribution
system and the sewage collection system.
(b) In any case where the provisions of
subsection (a) introduce unusual hardship or
unreasonable difficulty, and the Council,
utility or interested party shows it is not in
the best interest of the customer~ of the
utility, the Council may waive the
applicability of this Section to the utility ~
~_gg=~R_Z. That the Code of Ordinances, City of Sebastian,
Florida, is hereby amended by adding a section to be numbered
Section 27-10, which said section shall read as follows:
~Sec. 27-10. Application for Rate Increase.
(a) Each applicant for a rate increase
shall file with the City clerk a written
application containing information
substantially the same as that information
required by Florida Administrative Code Rules
25-30.436, 25-30.437, 25-30.438, and 25-30.440
in effect on the effective date of this
ordinance.
(b) Notwithstanding any previoue
ordinance to the contrary, the applicant's
application for rate relief will not be deemed
filed and the applicant shall not have the
right to collect any increased rates until the
appropriate filing fee has been paid and all
minimum filing requirements have been met,
including prepared testimony where
appropriate.
(c) Each applicant shall pay an
application fee as determined by the City
based upon the City's estimate of the City's
fees and costs to review and render a decision
on the requested rates; provided, however,
that the application fee shall not exceed
$50,000.00. Said fee may be recovered in
rates as an expense of the utility over a ten
(10) year period. The City shall notify the
applicant of the application fee due to the
City within seven (7) business days after the
City receives the applicant's initial
application.
(d) The City may grant a waiver with
respect to specific data required by this rule
upon a showing that the production of the data
would be impractical or impose an excessive
economic burden upon the applicant. All
requests for waiver shall be made with the
submittal of the initial application.
(e) This section shall apply to all
applications filed on or after September 2,
- 10 -
~~_D_~.~ 8EV~BILITY. In the event a court of
competent Jurisdiction shall hold or determine that any part of
this Ordinance ~not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
~~L_~. CONFLICT. All Ordinance~ or parts of
Ordinances in conflict herewith are hereby repealed.
S--~&~l-/~. &TTOHN~YSe FZES. Should it become necessary
for the City ~o initiate legal or other proceedings to enforce the
terms of this Ordinance, the prevailing party shall be entitled to
recovery of reasonable costs and attorneys~ fees.
~~/~-/~. ~ODZFZC~TZON. It is the intention of the City
Council of~he City of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this Ordinance may be.
renumbered or relettered to accomplish such intention; and the word
"Ordinance" may be changed to "Section,- "Article" or other
appropriate designations.
~~/1_~. EFFZCTIV~ D&TN. This Ordinance shall take
effect immediately upon passage and adoption, but the requirements
set forth in Sections 4 through 7 hereof shall be applied to all
rate applications received on o= after September 2, 1992.
- 11 -
The foregoing Ordinance was moved for adoption by Council
member
Council member
vote, the vote was as follows~
The motion was seconded by
and, upon being put to a
Mayor Lonnie R.
Vice-Mayor Fran~ Oberbeck
Councilman Peter R. Holyk
councilman George G. Reid
Councilwoman Carolyn Corum
The Mayor thereupon declared this ordinance duly passed and
adopted thi~ day of ......... , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
- 12 -
I H~R~BY CERTIFY that notice of public hearing on this
Ordi~ance was published in the Veto Beach Prese Journal as required
by State Statute. that one public hearing was held on this
Ordinance at 7.00 p.m. on the day of __ ,~ , 1992
and tha= following said public'he,ring this O~dinan~e ~as passe~
by the City Council.
Kathryn M. O' Hall~oran, CM'C/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City ~tto'~ney
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: BUILDING INSPECTOR I &
BUILDING INSPECTOR II JOB
DESCRIPTIONS
Approved For Submittal
City Manager
Dept. Origin: Community Development
Date Submitted:
For Agenda Of:
Exhibits:
09/03/92
09/09/92
(BC)~
1. Resolution R-92-39
2. Job description for Building
Inspector II
3. Step Plan
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Currently, the Building Department is utilizing a temporary person to fill
the Building Inspector II position vacated by Jerry Converse. Prior to
filling this position with a permanent employee, staff recommends that
this job description be re-evaluated and an additional job description be
written for the Building Department. The classification of Building
Inspector II is the highest category within the step plan except for
Street & Drainage Superintendent. We recommend a classification of
Building Inspector I be added and placed within the step plan along with
the Engineering Technican category. We are not asking for any additional
funds but, having a lower position within the ranks might enable the City
in hiring an individual with certain talents and having the pay more
commensurate with the individual's experience. The final salary level
within the step plan would have to be approved by the collective
bargaining unit.
Since the current job description of the Building Inspector II does not
require any certain amount of years of experience, I am recommending that
the Building Inspector I position require a minimum of 5 years of
experience as a Inspector or Contractor and the Building Inspector
would require 10 years experience. Both job descriptions have been
written to require any individual hired as a Building Inspector to be
certified by S.B.C.C.I. within one (1) year from date of hire.
RECOMMENDED ACTION
Move to approve Resolution R-92-39.
RESOLUTION NO. R-92-39
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING NEW JOB DESCRIPTIONS FOR
THE POSITIONS OF BUILDING INSPECTOR I AND BUILDING
INSPECTOR II; PROVIDING FOR INCLUSION OF SUCH
JOB DESCRIPTIONS IN THE CITY OF SEBASTIAN STANDARD
OPERATING PROCEDURES; PROVIDING FOR REPEAL
RESOLUTIONS OR PART OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
W H E R E A $, The current job descriptions for the
Building Inspector I classification does not adequately
require sufficient experience; and
W H E R E A S, The City Council hereby approve§ the new
job descriptions entitled Building inspector I and Building
Inspector II, as recommended by the City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CiTY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
SECTION I. The job descriptions for the classifications
of Building Inspector I and Building Inspector II, attached
hereto as Exhibit "A" and Exhibit "B" respectively, are
hereby adopted.
SECTION II. The City Clerk is hereby directed to supply
copies of the new job descriptions to the Mayor and members
the City Council and all department heads for inclusion in.
the Standard Operating Procedures for the City. The City
Clerk shall note the number and date of this Resolution on
said job descriptions.
SECTION III. All Resolutions.or parts of Resolutions
in conflict herewith are repealed.
SECTION IV. This resolution shall take effective
immediately upon its adoption.
,,
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly
passed and adopted by the City Council of the City of Sebastian,
Florida, this day of , 1992.
Kathryn M. O'Halloran, CMC/AAE
( S E A L )
(STATE OF FLORIDA)
(COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in Indian River County, Florida, to take
acknowledgements, personally appeared
and to me known as the persons
described herein and who executed the foregoing instrument and
they acknowledged before me that they executed the same.
* * . . .
WITNESS my hand and seal in Indian River County,
day of , 1992.
Florida, this
Linda M. Lohsl
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires
Approved as to Form and Content:
Charles I. Nash, City Attorney
EXHIBIT "A"
BUILDING INSPECTOR I
MAJOR FUNCTION
This is skilled inspectional
compliance with the building code
construction, alterations and repairs.
work in securing
covering building
ILLUSTRATIVE DUTIES
Inspects buildings in the process of construction for
compliance with building and technical code requirements.
~'tnspects sites before construction for practicability of
plans. Checks construction in process for compliance with
the building, plumbing, electrical and mechanical codes and
ordinances.
Checks new construction to ascertain if permits
been secured. Inspects alteration and repair jobs.
have
Answers inquiries concerning code requirements and
assumes duties as a Code Enforcement Officer when assigned
by the Building Official. Performs related work as required
and as directed by the Building Official.
MINIMUM QUALIFICATIONS
Knowledge, Abilities and Skills: Knowledge of all
types of building construction materials and methods and of
stages in construction when possible violations and defects
may most easily be observed and corrected. Knowledge of
building and zoning codes and related laws and ordinances.
Ability to detect structural and other faults and to
appraise for quality of construction and physical
depreciation. Ability to read and interpret plans,
specifications and blueprints quickly and accurately, and to
compare them with construction in process. Ability to
consult with building owners, contractors and the general
public and ability to enforce regulations with firmness and
tact. Ability to establish and maintain effective working
relationships with contractors, the general public and other
employees.
Training and Experience: Graduation from high school
or equivalent certification. A minimum of 5 years as an
Inspector or Building/General Contractor with a considerable
amount of experience in building construction work. Any
equivalent combination of training and/or experience.
Must obtain certification as a Building
S.B.C.C.I. within one year from date of hire.
inspector by
EXHIBIT "B"
BUILDING INSPECTOR II
MAJOR FUNCTION
This is skilled inspectional
compliance with the building code
construction, alterations and repairs.
work in securing
covering building
ILLUSTRATIVE DUTIES
Inspects buildings in the process of construction for
compliance with building and technical code requirements.
Inspects sites before construction for practicability of
plans. Checks construction in process for compliance with
the building, plumbing, electrical and mechanical codes and
ordinances.
Checks new construction to ascertain if permits
been secured. Inspects alteration and repair jobs.
have
Answers inquiries concerning code requirements and
assumes duties as a Code Enforcement Officer when assigned
by the Building Official. Performs related work as required
and as directed by the Building Official.
MINIMUM OUALIFICATIONS
KDowledge, Abilities and Skills: Knowledge of all
types of building construction materials and methods and of
stages in construction when possible violations and defects
may most easily be observed and corrected. Knowledge of
building and zoning codes and related laws and ordinances.
Ability to detect structural and other faults and to
appraise for quality of construction and physical
depreciation. Ability to read and interpret plans,
specifications and blueprints quickly and accurately, and to
compare them with construction in process. Ability to
consult with building owners, contractors and the general
public and ability to enforce regulations with firmness and
tact. Ability to establish and maintain effective working
relationships with contractors, the general public and other
employees.
Training and Experience= Graduation from high school
or equivalent certification. A minimum of 10 years as an
Inspector or Building/General Contractor with a considerable
amount of experience in building construction work. Any
equivalent combination of training and/or experience.
Must obtain certification as a Building Inspector by
S.B.C.C.I. within one year from date of hire.
skilled lnepectton&l uor~ in securing compliance
ILLUS ?RA'PT~.E DU'PI E-q
compliance with building code rsquirsmentl, lnapeatm mite~
mites b~form footings ar& poured, Checkl construction tn
inspect& &l~er~tgn and ~epsi~. lobs, '
........... ~n'§~SY-~-idqbl-~'Y~2 abncernzng c'oae requiremen~s.-and-assumes duties
nS--~"-'C~de-Enrorc~ment-O~f±¢er--'~hen assigned by ~u~ldlng OfFicial and
Mayor, Performs ~eln~ed work ns required ~nd as directed by ~he Building
.................... O.gC~¢ial. _.
MINIMUM qUALIFICATIONS
Knowl~dqe...~btl~cSe~ and ~klll~l Knowledg& o~ all tYPiC
of building-cone tr~ct/enrac ~er i~le~&n~
mos~ easily bm observed and corrected, Knowledg~ Of
and zoning code~ and related laws and ordin&ncem.
~bility to dot#et at=uctural &nd other faults and to
appraise for quality 0£ construction and physical
Ability Co read and interpret plane, ~pecification$ and blue-
print~ quickly and accurately, and to compare them w£th Con-
st~uccton l~ precede. Ability to aona~lt with bulZd£ng owne~
contractors and the general public and abLl£ty Co enforce
maintain'el:actiVe working relationships with
or equ£valOnt corL[E£cagio~ Considerable experience tn
buXld£nq coflstr¼ctlon work. Any equtveXant combination ag
t~nlng ~nd/og e~pe~ionce.
"This job description ~as approved by Resolution #R~85-58
dated the 2?'th Day
CWA CURRENT STEP PLAN
1991
FLAIl JOg CLASlIII
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City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SUB/ECT:
Verti cutting the golf course
Approved for Submittal By:
City Manager
) Agenda No. ?~, ~5~
)
) Dept. Origin Golf Course (JD)
)
) Da~ Sub~t~: 09~3-92
)
) For Agen~ Of ~9-92
)
) E~bi~: Memomdum of:
) Jim De~e- Pro-~ager
) ~s McCa~hy- G~ Supt.
Expendituro Amount
Required: $5,500 Budgcteat:
Appropriation
-0- Required: $5,500
SUMMARY STATEMENT
Maintenance staff has been unable to verti cut the golf course and verti cutting is desirable
to maintain a healthy stand of turf. Due to the necessity of completing this task prior to
the inception of the busy season, and because unforeseen circumstances prevents
maintenance staff from completing verti cutting themselves, contracting this task to a
company with specialized equipment appears most expedient. The "double direction
verticutter" is patented equipment and as such few companies offer this service. The
Barrard Verti Cutting Service has offered a price of $5,500 to verti cut the golf course.
Pursuant to City Code Section 264(j), "The City Council may waive the bidding
procedure as bids should not be required for items that are available as a matter of
commercial reasonableness from one source only". Funds are not budgeted but adequate
funds are available.
RECOMMENDED ACTiO .N
Waive bidding procedure and approve contracting the verti cutting of the golf course to
the Ban'ar Verti Cutting Service in the amount of $5,500.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
M S MO RA~,.,,,D UK
DATE:
TO:
FROM:
RE:
September 1, 1992
Robert S. McClary, City Manager /..~/~.~'X~[~,~
Jim DeLarme, Golf Course Pro-Manag~
Verti Cutting
Due to unforeseeable circumstances, our maintenance staff has
been unable to verti cut our golf course. In response to my
request, the Greens Superintendent investigated the possibility
of contracting this work. His memo is enclosed. The verti
cutting of the golf course, exclusive of the greens, is a
necessary procedure to help maintain a healthy stand of turf. I
would also like to continue the contracting out of this work in
future years. The price of the work ($5,500) dictates that we
bid the work. I believe, because of the patented equipment, as
stated in the Greens Superintendent's memo, that we can sole
source this work.
I hope this meets with your approval.
/jmt
Enclosure
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
AUGUST 31,1992
TO: JIM DELARME G.C.P.M.
FROM: CHRIS MCCARTHY G.C.S. ~k~
RE: VERTI CUITING OF FAIRWAYS
I recieved a price of $5,500.00 to verti cut all 18
fairways. This price includes clean up also. The equip-
ment the company uses is a double direction verticutter.
We could sole source this contract because the company
has a patent on this piece of equipment. The golf course
must be closed when this operation takes place. The name
of the company is Barrard Verti Cutting Service. Please
let me know howyou feel about this. The company is very
busy and I need to book them in advance.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Bid Award for Golf
Pro Shop Renovation
Approved for Submittal By.'
city Manager~~
Dept. of Origin: Finance (LWN)
Date Submitted 09/03/92
For Agenda Of: 09/09/9a
Exhibits: Bid Tabulation - Memo
From Pro/Manager
EXPENDITURE
REQUIRED= $27,457.60
[~[OUNT
BUDGETED** - 0 -
APPROPRIATION
REQUIRED: $24,457.60
SUMMARY,$TATE~E.,~
Three (3) bids were reviewed for the golf course pro shop
renovations. All were in accordance with plans, specifications
and drawings prepared by the architect. The golf course fund
does not have funds budgeted for this purpose but adequate funds
are available upon appropriation.
RECOMMENDED ACTION
Move to award the bid for the pro shop renovations to the lowest
and best bidder, Art Krieger Construction of Vero Beach, in the
amount of $27,457.60.
'- 0
. . ~
City of Sebastian
POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
RE:
September 3, 1992
Robb McClary, City Manag~er /~
Jim DeLarme, Pro/Mana~
Pro Shop Renovation
Three (3) bids were received on September 1, 1992 for the Pro Shop
renovation project.
The three (3) bidders, prices and the time of completion for each are
as follow~:
PRICE
DAI~
1. Art Krieger Construction $27,457.60
5070 ~rth A1A Suite 210
Vero Beach, Florida 32960
407-234-8442
35-40
2. Capp Custom Builders Inc. $32,620.00
424 BTwood Avenue
Sebastian, Florida 32958
407-589-3452
60
3. Shoreline Construction $34,800.00
1831Sandlewood Road Eas%
Vero Beach, Florida 32963
407-589-8229
60
My reconm~ndation is for Art Krieger Construction to receive the bid for the
project. His Companies price is the lowest and has the fastest completion
date.
I hope this meets with your approval.
c: Larry ~pier
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [; FAX (407) 589-5570
SUBJECTt Occupational Licenses)
,~pproved' ~or Submittal
City Mana~
Agenda No.
Dept. of Origin= city Manager
Date Submitted 09/03/92
For Agenda Of: 09/09/92
Exhibits: - 12/4/91 Workshop Minutes
( Page #4)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED =
SUMMARY STATEMENT
At the Workshop Meeting of 9/2/92 Mayor Lonnie Powell questioned
why the City Manager had not yet taken care of his request to
reduce the Occupational License Fees paid by beauty shops. For
the information of City Council, I enclose a copy of the minutes
of the December 4, 1991 City Council Workshop Meeting where the
City Attorney was directed to draft an ordinance to amend the
code. I have spoken with the City Attorney and asked him to
conclude this matter.
RECOMMENDED ACTION
Review the status of the amendments to the Occupational Licenses
Ordinance.
City Council Workshop
December 4, 1991
Page Four
Other members of the public who had signed to speak
said they would await the meeting results.
8. MAYOR'S MATTERS
Mayor Conyers appealed to the City Manager to take
advantage of community service laborers to alleviate
drainage problems.
COUNCIL MATTERS
A. Vice Mayor 0berbeck
None.
B. Councilman~
Councilman Holyk recommended that Sebastian's past be
left behind. He strongly objected to a speaker's
remarks made at the joint meeting with Indian River County
relative to CR 512 and requested a public apology.
He said he had studied the CR 512 issue in depth.
C.. Councilman Powell
1. Occupat%.onal Licenses (Section I4-28 Code of
Ordinances)
Councilman Powell objected to occupational license
fees placed on Beauty Shops/Barber Shops, wherein
each operator must pay S10. Re said, in his opinion,
the. business operator is the shop owner and that shop
employees should not have to pay the fee.
Council concurred to direct the City Attorney to
draft an ordinance to amend the code to reflect a fee
of S10 for each owner and each non-employee barber or
cosmetologist and S1.85 per chair.
D. Councilman Reid
Councilman Reid concurred with remarks made by
Councilman Holyk relative to bashing rank and file
employees.
10. CITY ATTORNEY MATTER~
None.
4
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SUBJECT: "Pending" List
Approved For Submittal By: )
city Manager )
Dept. of Origin= City Manager
Date Submitted: 09Z03/92
For &genda Of: 09/09/92
Exhibits
- "Pending" List with C/M Comments
& Recommendations
REQUIRED
EXPENDITURE=
BUDGETED
AMOUNT:
APPROPRIATION
REQUIRED~
SUMMARY STATEMENT
At the Regular Meeting of August 26, 1992, Mayor Lonnie Powell
presented me with the "Pending" List and requested that I review
the list and respond back to City Council. I have attached
comments and recommendations on the attached list. The "Pending"
List is a file catalog of active files. The overwhelming number
of items on this list are inactive due to influences outside of
City Hall e.g., revised plat from Point -0- Woods developer,
response to staff comments on Sebastian Lakes rate increase,
response to staff comments on right-of-way acceptance for
Stratton Avenue, response from DCA on annexation, written
proposal from petitioner for youth gym, revised request from
Historical Society for historic house, request of marine owner
for property survey, etc. Additionally, some project files will
remain active for a very long time, such as golf course
development, water and waste water, river front district,
Wentworth ditch, airport study, traffic study, etc. city Council
may wish to develop a more accurate identification of this list
since it is essentially a catalog of active files. Lastly, I
point out that these active files do not necessarily reflect the
work load.
RECOMMENDED ACTION
Review the "Pending" List.
1992 PEND'rN~ ITEMS
92.006
92.020
92.024
92.025
Edra Young - Federal Records Depository - 1/8/92 agenda
- staff to work w/ Mrs. Young to start process of
locating FRD in Sebastian
city Manager Comment & Recommendation: There is nothing
else that staff can or should do on this item -
Recommend that it be stricken.
Teens Against Boredom - Request Six Month Time
Extension to Utilize Old Library Building and Share with
Senior Citizens - 1/22/92 Agenda - approved - see 91.035
city Manager Comment & Reoommendatlon: Item is complete,
should be stricken.
Sebastian Lakes Agreement Re: Laconia Street
Improvements - 1/22/92 Agenda - Sebastian Lakes given 15
days to concur with proposal 1 or 3 or acceptable
alternative and to coordinate with County Engineering -
2/5/92 agenda discussion - deferred to 2/12/92 for
verbal report - Director of Community Development
announced verbal agreement reached - report at 2/26/92
meeting - 3/11/92 agenda - agreement - Resolution No. R-
92-17 adopted - awaiting signed agreement - see 90.285,
88.183, 89.023, 89.210
City Manager Comment & Recommendation: On going
project, improvements currently being engineered.
Assigned to Community Development Director.
Preservation of Option of City for Non-Ad Valorem
Assessment to Fund Stormwater Drainage Project -
Authorize Advertisement of Notice of Intent Resolution
No. R-92-06 for Public Hearing on 2/26/92 - 1/22/92
agenda - ph set for 2/24/92 - advertise 1/29/92, 2/5/92,
2/12/92, 2/19/92 - legal notices - adopted - see 91.070
City Manager Comment & Recommendation: Strike, this item
died when we failed to enter into contract with
consulting engineer.
- 1 -
92.040
92.041
92.043
92.044
Stratton Avenue - Review Possible City Acceptance
Between U.S. 1 and Unit 17, Sebastian Highlands -
Council concurred w/ acceptance - Attorney to draft
documents to bring back to Council - change name to
Barber Street
city Manager Comment & Recommendation= Pending - Staff
concerns sent to developer for response since
improvement was not in center line of right-of-way.
Assigned to Community Development Director.
Gibson Street - Review Request for City Jurisdiction -
2/5/92 agenda - Council concurred to direct staff to
negotiate for jurisdiction - discussed possibility of
putting Gibson all the way through
City Manager Comment & Recommendation: Pending, City
Manager needs to set up negotiations with IRC. Assigned
to City Engineer.
Sebastian Grove Holdings, Ltd. Application for
Annexation, Comprehensive Land Use Plan Amendment
and Rezoning - Review P & Z Recommendation and Direct
City Attorney to Draft Ordinances - 2/5/92 agenda - City
Attorney directed to draft - no time certain - staff
directed to look into 3/4 acre property adjacent to
subject - Ordinance Nos. 0-92-06, 0-92-07 and 0-92-08
1st readings 3/25/92 - phs on 0-92-06 and 0-92-07
5/13/92 - Ordinance No. 0-92-06 adopted - 0-92-07
1st ph and transmitted to DCA
city Manager Comment & Recommendation~ Pending,
currently with DCA. Assigned to Community Development
Director.
Review Use of Proceeds of Golf Course Refunding -
Approximately $230,000 - 2/5/92 agenda - staff directed
to draw up conceptual plans for GC clubhouse
improvements and bring back to Council - 3/11/92 - P.
Jones presented conceptual and development program -
staff directed to bring back cost analysis - 3/25/92 -
approved - 5/27/92 agenda - rank order approved - staff
to begin negotiations with Peter Jones - 6/17/92 agenda
contract approved - $19,600
City Manager Comment & Recommendation: Pending, project
currently under design by contract architect. Assigned
to Golf Course Pro-Manager.
- 2 -
92.045
92.059
92.069
92.071
92.111
Proposed Gift of Real Estate to City of Sebastian
- Pappas - Discuss Public Benefit and Direct Staff -
2/5/92 - staff directed to pursue donation
City Manager Comment & Recommendation: Pending -
currently being finalized by Finance Director.
Golf Course Pro Shop Renovation Design Services -
2/12/92 agenda - Village Architects approved - contract
terminated per staff recommendation 3/25/92 - staff to
re-evaluate its renovation needs come back to Council
city Manager Comment & Recommendation: Pending - Bids
to be reviewed by City Council on 9/9/92. Assigned to
Golf Course Pro Manager.
Kimley-Horn - Traffic Circulation Study
Presentation - 2/26/92 agenda - presented - see 91.163
city Manager Comment & Recommendation: Pending -
Assigned to City Engineer/Public Works Director.
Point-O-Woods Subdivision - Acceptance of
Perpetual Maintenance of Streets and Drainage -
Direct City Attorney to Draft Resolution - 2/26/92
agenda - Attorney directed provided all conditions are
met - see 90.272
City Manager Comment & Recommendation: Pending - But
inactive - developer to present documents to City.
Assigned to Community Development Director.
Water and Wastewater - presentation for Council review
and recommendation - 4/1/92 agenda - Council concurrence
with staff recommendation re: proposed utility franchise
agreement, engagement of Cloud and Hartman to prepare
180.301 hearing, resolution re: use of funds, and
creation of Utilities Department all scheduled for
4/22/92 agenda - R-92-23 adopted - Cloud and Hartman
engaged to prepare for 180.301 FS hearing - R-92-10
adopted - Hiring Utilities Director and Clerical
Assistant approved
city Manager Comment & Recommendation: Pending,
Attorney and consulting engineer are presently preparing
'for 180.301 FS Hearing, City Manager currently
negotiating with Utilities Director applicants. Assigned
to City Manager.
- 3 -
92.148
9.2 L 149
92.151
92.155
92.162
Macedonia Baptist Church - Request to Use Yacht Club or
Teen Center for Temporary Worship Services
5/6/92 agenda - using Teen Center with TAB approval - no
Council action - - 5/13/92 agenda - motion to
reject Macedonia Baptist Church use of teen center for
religious services - staff to bring back policy
statement on use of city facilities for religious
services and proposed lease for teen center
City Manager Comment & Recommendation:
Assigned to Community Development Director.
Pending -
Richard Holbrook - Request to Lease City Owned Building
at Tulip & Barber - Youth Center/Gym - 5/6/92 agenda -
staff to review building integrity city liability -
6/3/92 agenda - Council consensus to request written
proposal for lease from organization
city Manager Comment & Recommendation: Pending,
applicant to present written proposal. Assigned to
Community Development Director.
Review Prepared Charter Changes - 5/6/92 agenda -
Council input on election laws and Mayor selection -
staff to draft - no time certain
City Manger Comment & Recommendation: City Attorney has
drafted ordinances and will be presenting to City
Council in near future. Assigned to City Clerk.
Approve 1992/93 Fiscal Year Budget Calendar - 5/13/92
agenda - approved - 7/22/92 - Revise Budget Calendar-
Set Final Public Hearing for September 10, 1992 - set
for 9/16/92
City Manager Comment &Re¢ommendation: Item can be
stricken.
Reid - Discuss Teens Against Boredom (TAB) Use of City
Building (TAB Profile) 5/13/92 agenda - motion to
religious services - staff to bring back policy
statement on use of city facilities for religious
services and proposed lease for teen center
City Manager Comment & Recommendation: Pending - See
92.149 above - assigned to Community Development
Director.
- 4 -
92.167
92.169
92.180
91.136
92. 196
92.213
92.216/
91.168
Review
Request ~ Rene Van De Voorde to Locate Laura
Jackson House on City Property - 5/13/92 agenda - staff
to review placing house on sw corner of Main Street and
IR drive (south of Candy Cane) - 5/6/92 review staff
recommendation - Council consensus to offer Schumann
site and direct staff to look at High Street site.
City Manager Comment & Recommendation: Strike,
Petitioner has not filed a new request with the city.
Ron Harsh - Chairman - Community Bandstand Committee -
Request Permission to Proceed with Project to Fund
Bandstand on Park Property - 5/13/92 agenda - staff to
review proposal - consider master plan - bring back to
Council - 6/17/92 agenda - withdrawn
City Manager Comment & Reoommenation: Strike, petitioner
has withdrawn request.
Riverfront District Status Report - 6/3/92 agenda
- deferred to July 1, 1992 workshop - only subject -
five motions made relating to staff recommendation on
page nine of the report - see 7/1/92 minutes
city Manager Comment & Recommendation: Pending
Assigned to Community Development Director.
RESOLUTION NO. R-92-32 - CWA Contract Ratification
6/24/92 agenda - deferred for EEOC complaint
City Manager Comment a Recommendation: Pending - but
should be resolved on 9/9/92.
Enact Policy Re: Scrub Jay Habitat - 7/22/92 agenda
City Attorney to draft ordinance
City Manager Comment & Reocmmendatlon: Assigned to City
Attorney.
Discuss Wentworth Ditch Realignment - 7/22/92 agenda
- IRC to conduct public meeting on August 6 at 2 p.m.
'City Manager Comment & Recommendation: Pending -
another public meeting set for 9/10/92 at 7:00 p.m. in
City Council Chambers. Assigned to City Engineer.
- 5 -
92.217
92.219
92.220
92.221
92.222
Land Trade Between Paul and Hazel Stevenson and City of
Sebastian - 7/22/92 agenda - withdrawn from agenda -
8/12/92 agenda - tacitly approved - Attorney to draft
docuanents - come back to City Council
city Manager Comment & Recommendation:
Assigned to City Attorney.
Pending -
Request of Fraternal Order of Police for Fundraising
Carnival on City Property - 7/22/92 agenda - tentatively
approved subject to working out conditions with staff
City Manager Comment & Recommen4ation: Pending -
petitioner to submit conditions to staff. Assigned to
Chief of Police.
Richard Fey - Request Placement of Pilings
Adjacent to Yacht Club - 8/5/92 agenda
city Manager Comment & Recommendation= Pending
Petitioner requested to perform survey and submit
staff. Assigned to Community Development Director.
Review Proposed Amendments to Update and Adopt
the 1991 Technical Codes - 8/5/92 agenda - City Attorney
to draft ordinance
City Manager Comment & Recommendation: Pending - City
Attorney is drafting ordinances. Assigned to Community
Development Director.
Review Proposed Amendments to the Land Development Code
- 8/5/92 agenda - slight modifications made - city
Attorney to draft ordinances - two options for home
occupational licenses
City Manager Comment a Recommendation:
Assigned to City Attorney.
Pending -
- 6 -
91.061
91.063
91.101
91.119
L991 PENDIN~ ITEI~
Engineering Consultant - Louisiana and Schumann
Projects - 2/27/91 agenda - approved staff to negotiate
with Masteller, Moler & Mayfield, Associates - 5/8/91
agenda - motion to hold off on contract until Oberbeck
meets with staff to have questions answered and review
with consultants - 5/22/91 agenda - award contract -
contract revise4 $/ZZ/91 and awarded - 8/26/92
discussion
City Manager Comment & Recommendation: This phase of
project near completion - expect presentation at 10/7/92
Workshop Meeting. Assigned to City Engineer.
Riverview Park - Stephenson Tract - 2/27/91 agenda -
staff authorized to take Mosby concept plan to
Riverfront Committee for recommendation - file remains
open per 9/4/91 Council action on pending list
City Manager Comment & Recommendation:
development will be per City Council
budget.
Strike - future
priorities per
Clay Price & Roger Moore - Request Permission to
Conduct Skydiving Operations at Sebastian Municipal
Airport - 4/3/91 agenda - staff to send letter to
Eisengrein (FAA) see if use is in compliance with
standstill agreement - 5/1/91 workshop agenda - Council
request for more info - direct Moore and Price to meet
with staff - file remains open per 9/4/91 Council
action on pending list
City Manager Comment & Recommendation:
Petitioner requested to file documents
Assigned to Airport Manager.
Pending -
with FAA.
Airport FBO Minimum Standards - 4/24/91 agenda - JVA to
continue draft - survey other airports - work with
staff - file remains open per 9/4/91 Council action on
pending list
city Manager Comment a Recommendation: Pending -
Assigned to Airport Manager.
- 7 -
91.122
91. 146
91.162
91.163
91. 197
Review Jurisdictional Transfer of Indian River Drive
w/in City Limits from Indian River County to City of
Sebastian - 5/1/91 agenda - discussion and placed on
5/8/91 consent agenda for approval - Attorney directed
to prepare documents - file remains open per 9/4/91
Council action on pending list - 2/5/92 agenda - review
preliminary interlocal agreement - staff to renegotiate
with IRC
City Manager Comment & Recommendation: Pending - city
Manager to set negotiating session with IRC. Assigned
to City Engineer.
Ameron Homes, Inc. - Request to Remove Specimen Tree -
5/22/91 agenda - tree removal approved - staff to draft
amendments to code - take to P & Z then to Council -
file remains open per 9/4/91 Council action on pending
list
City Manager Comment & Recommendation: Strike
Historic Preservation Grant-in-Aid Application -
Sebastian City Hall - 6/12/91 agenda - 9/11/91 report
presented did not receive grant - request to resubmit -
advertise for RFP for registered architect, secure
endorsements, pursue registration of building on
National Trust Registry - no time certain - taken out
of 92/92 budget during 8/12/92 workshop
City Manager Comment & Recommendation: strike
Traffic Circulation Plan - Direct Staff to
Proceed with Engagement of Consulting Engineer -
6/12/91 agenda - staff to advertise RFPs - Consultant
Selection - Traffic Circulation Plan -
Direct Staff to Begin Negotiation with Kimley-
Horn - 8/28/91 agenda - approved - file remains open
per 9/4/91 Council action on pending list - 11/13/91
approve contract with Kimley-Horn - $49,800 - approved
- see 92.069 for assessment resolution
City Manager Comment & Recommendation:
Assigned to City Engineer - See 92.069.
Pending -
Review Home Occupational License Code (Oberbeck & Reid
Request) - 8/7/91 agenda - staff directed to clear up
code language - present to P & Z and then back to
Council - no time certain - file remains open per
9/4/91 Council action on pending list
City Manager Comment & Recommendation: Pending -
Assigned to Community Development Director
- 8 -
91. 198
91.202
91.235
91.254
Review Established Criteria for Use of City Public
Parks - Sale of Goods (Reid) - 8/7/91 agenda - staff to
add additional conditions to recommended action -
handmade goods only - file remains open per 9/4/91
Council action on pending list
city Manager Comment & Recommendation: Strike - action
completed.
Mayor's Matters - Discuss Handicapped Self-Evaluation
Committee Concerns - 8/7/91 agenda - not addressed -
carried to 8/14/91 - staff to obtain input from
committee - file remains open per 9/4/91 Council action
on pending list
city Manager Comment & Recommendation:
completed.
Strike - action
Golf Course Consultant Selection - Approve Proposal
from Professional Golfers' Association (PGA) - $6,000 -
8/28/91 agenda - approved - 9/25/91 extend contract to
include feasibility study for additional 18 hole course
- $13,500 - deferred to 10/2/91 workshop - Council
consensus - request contract on notice to proceed basis
by task - place on 10/9/91 agenda - approved on task by
task basis - Ankrom contract to come back at later date
- 11/20/91 agenda - PGA report presented - 12/11/91
Golf Course expansion report presented - 2/12/92 Task 2
report presented by Rossi - motion to proceed with Task
3
city Manager Comment & Recommendation: Strike - PGA
Report Completed.
North County Coordinator Request to Convert Senior
League Field to Foot Softball Field - 9/11/91 agenda -
deferred - no time certain
City Manager Comment & Recommendation: Strike
91.291
Powell Matters - Occupational Licenses (Section 14-28
Code of ordinances) - 10/23/91 agenda - deferred to
12/4/91 workshop - Attorney directed to draft ordinance
to amend fees for Beauty Shop operator to $10 for owner
or non-employee cosmetologist or barber and $1.85 per
chair
City Manager Comment & Recommendation:
assigned to City Attorney
Pending -
- 9 -
91.325
Report on Elkcam Waterway Dam Claims - 11/13/91 agenda
- City Attorney to present proposal for civil engineer
at 11/20/91 meeting - Civil Engineer hired - not to
exceed $300 - 3/11/92 Attorney report
City Manager Comment & Recommendation: Pending - Draft
Settlement Agreement Completed but city Manager and
select staff to perform due diligence inspection.
90.150
90. 158
90. 186
~99o PENDrN~ ~
Set Public Hearing for Rate Increase - Sebastian
Lakes Utility Company - 6/13/90 agenda - deferred to
8/1/90 workshop - also ph scheduled for 8/8/90 - 6/27/90
agenda - Council cancelled 8/8/90 ph - 8/1/90 workshop
discussion - staff to get with reps to follow procedures
and come back to future workshop - open file per 9/4/91
Council action on pending list
City Manager Comment & Recommendation: Strike - file can
be reopened if petitioner refiles.
Report On Airport Leasing - 6/13/90 agenda - staff to
establish procedures for Council approval - no time
certain - open file per 9/4/91 Council action on pending
list
city Manager Comment & Recommendation: Strike - Matter
will be resolved with Airport Master Plan.
RESOLUTION NO. R-90-28 - Grant Easement to Indian River
County - 8/8/90 agenda - adopted - easement has not yet
been sent to County Attorney for recording since FAA
approval has not been obtained - open file per 9/4/91
Council action on pending list
City Manger
Application
Manager.
Comment & Recommendation: Pending -
on file with FAA. Assigned to Airport
89.003
1989 PENDING LIST
Airport Compatibility Study - open file per 9/4/91
Council action on pending list - file in vault
City Manager Comment & Recommendation: Pending - Work in
progress. Assigned to City Manager (per Standstill
Agreement) .
- 10 -
89.023
88.063
Sebastian Lakes Utility Rate Increase - 2/8/89 agenda -
deferred to 2/22/89 agenda - not addressed - carried to
3/1/89 - staff to do rate analysis study - Kreuzkamp
provide finance with state formula - 5/10/89 - Sebastian
Lakes with4rawal of request accepte4 - MAY BE FUTURE
AGENDA ITEM - RECEIVED REQUEST 10/89 - FINANCE WILL
ADDRESS - open file - per 9/4/91 Council action on pending
list
City Manager Comment & Reoommendation:
item 90.150
Strike - See
1988 ~ ITEMS
Request from Attorney Lulich - amendment to
italian/American Club lease - 3/2/88 - carried'over to
3/9/88 amended lease approved - lease and amendment
sent to be recorded 3/2/88 - returned - move location of
club - consideration of Airport property 6/8/88 - club
drafting lease for council consideration - back to
10/5/88 for discussion - 3/7/90 discussion - 3/14/90 -
R-90-15 lease - adopted contingent upon FAA approval -
FAA letter dated 7/18/90 - cannot consent to lease until
certain conditions are met - 1/14/91 memo from Clerk to
Manager requesting status - his response - file remains
active until IA Club resubmits requested FAA required
information
City Manager Comment & Recommendation: Strike - File can
be reactivated by new petition of applicant.
- 11 -