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HomeMy WebLinkAbout03111992 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 11, 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 Chet Tokar, Sebastian Christian 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 92.072 Proclamation - Girl Scout Week - March 8 - 14, 1992 7. PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action 92.063 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. A. ORDINANCE NO. 0-92-03 - Police Pension Plan AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VI OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO THE POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING A DEFINITION OF FULL TiME FOR THE PURPOSES OF DETERMINING ELIGIBILITY; PROVIDING A NEW DEFINITION OF MEMBERS' CONTRIBUTIONS; PROVIDING THAT DISTRIBUTIONS TO EACH MEMBER SHALL NOT COMMENCE LATER THAN THE MEMBER'S REQUIRED BEGINNING DATE; PROVIDING REGULATIONS GOVERNING DISTRIBUTIONS UPON THE DEATH OF A MEMBER; PROVIDING LIMITATIONS WITH RESPECT TO INCIDENTAL DEATH BENEFITS PAYABLE UNDER THE SYSTEM; PROVIDING LIMITATIONS ON ANNUAL BENEFITS PAYABLE UNDER THE SYSTEM; CLARIFYING WHAT CONSTITUTES MEMBER CONTRIBUTIONS UNDER THE SYSTEM; PROVIDING THAT NO PART OF THE CORPUS OR INCOME OF THE FUND MAINTAINED UNDER THE SYSTEM MAY BE USED FOR OR DIVERTED TO PURPOSES OTHER THAN FOR THE EXCLUSIVE BENEFIT OF MEMBERS AND THEIR BENEFICIARIES; PROVIDING LIMITATIONS ON BENEFITS PAYABLE UNDER THE SYSTEM ON EARLY TERMINATION OF THE SYSTEM; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 2/12/92, Advertised Legal Notices 2/26/92, Public Hearing and Adoption 3/11/92) 8. PUBLIC INPUT ON AGENDA ITEMS CONSENT AGENDA - Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 2/26/92 Regular Meeting 2 92.073 92.074 92.055 92.075 92.076 92.077 RESOLUTION NO. R-92-13 - Abandonment of Easement (City Engineer Memo Dated 2/13/92, R-92-13, Application, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLiSHiNG, ABANDONING AND DISCONTINUING THE EASEMENT OF THE WEST 6 FEET OF LOT 1, AND THE WEST 6 FEET OF LOT 2, BLOCK 139, UNIT 139, SEBASTIAN HIGHLANDS ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-99, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AND EFFECTIVE DATE. RESOLUTION NO. R-92-16 - Support for SWIM Program (Staff Recommendation dated 3/5/92, R-92-16) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE SURFACE WATER IMPROVEMENT AND MANAGEMENT (SWIM) PROGRAM. RESOLUTION NO. R-92-18 - Support for Shooting Range on Coraci Property (R-92-18) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE PROPOSED LOCATION OF A SHOOTING RANGE FACILITY LOCATED ON THE CORACI RANCH LOCATED IMMEDIATELY WEST OF THE CITY LIMITS; PROVIDING THE SUPPORT BY THE SEBASTIAN CITY COUNCIL TO LOCATE THIS RECREATIONAL FACILITY IN THE NORTH COUNTY. Treasure Coast Builders Association - Request Special Events Off-Premise Signs (Staff Recommendation dated 3/4/92, Kavanagh Letter dated 3/3/92) Award Bid for Community Center Flooring - Jerry Smith Tile of Sebastian - $6,150 (Staff Recommendation dated 2/24/92, Bid Tabulation) Waive Bidding Procedure - Copy Machine Purchase - Mira #5585 - EGP, Inc. - $8,810 (Staff Recommendation dated 3/3/92) 92.078 92.079 92.080 92.081/ 91.003 92.082 92.083 92.084 91.325 10. 11. 12. 13. Old Police Station Buildings Removal - Waive Bidding Procedure for Sale or Abandonment of City Property - Authorize Transfer to Brevard Correctional Institution (City Manager Recommendation dated 3/3/92, BCI Letter dated 2/27/92) Bid Award - Police Station Metal Lockers - Craft Equipment Co. of Orlando - $3,755 (Staff Recommendation dated 3/4/92, Bid Tabulation) Sebastian Junior Women's Club - Request to Plant Trees (Staff Recommendation dated 3/4/92, Burtrem Letter dated 2/18/92) Florida Department of Transportation - Offer to Compensate City for Replacement Trees - U.S. 1 Median Strip (Staff Recommendation dated 3/5/92, Webb Letter dated 2/28/92) Request to Remove Specimen Tree - MGB Homes, Inc. - One Pine Lot 18, Block 440, SH, Unit 17 (Staff Recommendation dated 3/5/92, Application) Request for Community Center - Caldwell Wedding - 3/21/92 - Noon to 6 p.m. - A/B - Permittee James Caldwell DOB 8/6/25 - Security Paid (Application) Request for Community Center - Rodriguez Wedding - 4/25/92 - 3 p.m. to 9 p.m. - A/B, Decorations and Use of Kitchen Requested - Isabel Herrera Rodriguez Permittee DOB 11-13-53 - Security Paid (Application, City Clerk Letter dated 3/2/92) PRESENTATIONS MAYOR'S MATTERS COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman Holyk C. Councilman Powell D. Councilman Reid CITY ATTORNEY MATTERS Report on Elkcam Dam (City Manager Letter dated 3/2/92, Ballard Letter dated 2/15/92, Fallace Letters dated 2/14/92 and 2/25/92) 4 92.085 92.024 92.044 92.086 14. 15. 16. CITY MANAGER MATTERS COMMITTEE REPORTS/RECOMMENDATIONS BOARD OF ADJUSTMENT Appoint John R. Price and Fred Beuchling as Alternate Members - Three Year Terms to Expire 3/11/95 (Staff Recommendation dated 3/5/92, Three Applications, Warrant Checks) OLD BUSINESS RESOLUTION NO. R-92-17 - Sebastian Lakes Agreement (Staff Recommendation dated 3/4/92, R-92-17, Agreement, Plans Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP, iN A FORM IDENTICAL TO THE AGREEMENT ATTACHED TO THIS RESOLUTION AS EXHIBIT "A", WHEREBY SEBASTIAN LAKES ASSOCIATES WOULD DEDICATE CERTAIN STREET RIGHTS-OF-WAY TO THE CITY AND PROVIDE FUNDS NECESSARY TO EFFECT CERTAIN ROAD IMPROVEMENTS IN EXCHANGE FOR AN 18-MONTH EXTENSION OF THE CONCEPTUAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT KNOWN AS SEBASTIAN LAKES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Golf Course Clubhouse Expansion (Staff Recommendation dated 3/4/92, Jones "Development Program" dated 3/3/92, Conceptual Plan Under Separate Cover) 17. NEW BUSINESS RESOLUTION NO. R-92-14 - Chessers Gap Final Plat (Staff Recommendation dated 3/4/92, R-92-14, Final Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF CHESSERS GAP SUBDIVISION, PHASE I, CONSISTING OF 15.02 ACRES, MORE OR LESS, LYING IN SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT AND ANY OTHER SUPPLEMENTAL DOCUMENTS 5 92.009/ 91.194 18. AND AGREEMENTS ON BEHALF OF THE CITY; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 0-92-09 - Solid Waste Franchise Agreement with St. Lucie Waste Services Reading, Set Public Hearing for 3/25/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO ST. LUCIE WASTE SERVICES, INC.; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO BE PERFORMED; PROVIDING FOR RESIDENTIAL COLLECTION; PROVIDING SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES; PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEE AND PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 19. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 6 NAME: ADDRESS: SUBJECT: MARCH 11, 1992 REGULAR COUNCIL MEETING PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 11, 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. Vice Mayor Oberbeck called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Invocation was given by Reverend Chet Tokar, Sebastian Christian Church. 4. ROLL CALL Present: Absent: Also Present: Councilman Peter Holyk Vice Mayor Frank Oberbeck Councilman Lonnie Powell Councilman George Reid Mayor W.E. Conyers (excused) City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper Finance Director, Mike Hudkins Golf Course Manager, Jim DeLarme Assistant Finance Director, Larry Napier City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting March 11, 1992 Page Two 92.072 92.063 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). None. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS Proclamation - Girl Scout Week - March 8 - 14, 1992 Vice Mayor Oberbeck read and presented the proclamation to Leader Joann Miller and members of Troop Nos. 260 and 216. PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action Please Note: Anyone wishing to speak Ks asked to go to the podium and state his/her name and address for the record prior to addressing the Council. A. ORDINANCE NO. 0-92-03 - Police Pension Plan AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VI OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO THE POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING A DEFINITION OF FULL TIME FOR THE PURPOSES OF DETERMINING ELIGIBILITY; PROVIDING A NEW DEFINITION OF MEMBERS' CONTRIBUTIONS; PROVIDING THAT DISTRIBUTIONS TO EACH MEMBER SHALL NOT COMMENCE LATER THAN THE MEMBER'S REQUIRED BEGINNING DATE; PROVIDING REGULATIONS GOVERNING DISTRIBUTIONS UPON THE DEATH OF A MEMBER; PROVIDING LIMITATIONS WITH RESPECT TO INCIDENTAL DEATH BENEFITS PAYABLE UNDER THE SYSTEM; 2 Regular City Council Meeting March 11, 1992 Page Three PROVIDING LIMITATIONS ON ANNUAL BENEFITS PAYABLE UNDER THE SYSTEM; CLARIFYING WHAT CONSTITUTES MEMBER CONTRIBUTIONS UNDER THE SYSTEM; PROVIDING THAT NO PART OF THE CORPUS OR INCOME OF THE FUND MAINTAINED UNDER THE SYSTEM MAY BE USED FOR OR DIVERTED TO PURPOSES OTHER THAN FOR THE EXCLUSIVE BENEFIT OF MEMBERS AND THEIR BENEFICIARIES; PROVIDING LIMITATIONS ON BENEFITS PAYABLE UNDER THE SYSTEM ON EARLY TERMINATION OF THE SYSTEM; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 2/12/92, Advertised Legal Notices 2/26/92, Public Hearing and Adoption 3/11/92) The City Attorney read Ordinance No. 0-92-03 by title only. Vice Mayor Oberbeck opened the public hearing at 7:06 and being no input, closed it. MOTION by Holyk/Reid I move that we adopt Ordinance No. 0-92-03 Police Pension Plan. ROLL CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid absent aye aye aye aye MOTION CARRIED 4-0 (Conyers absent). PUBLIC INPUT ON AGENDA ITEMS Peter Vallone urged support for donation of the old Police Station buildings to Brevard Correctional Institute. Tom Wojciechowski, urged approval for the Golf Course clubhouse expansion. Chet Tokar, 111Hinchman Avenue, urged Council to give others the opportunity to bid on the removal of the old Police Station buildings. 3 Regular City Council Meeting March 11, 1992 Page Four 92.073 92.074 92.055 92.075 CONSENT AGENDA - Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 2/26/92 Regular Meeting RESOLUTION NO. R-92-13 - Abandonment of Easement (City Engineer Memo Dated 2/13/92, R-92-13, Application, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE WEST 6 FEET OF LOT 1, AND THE WEST 6 FEET OF LOT 2, BLOCK 139, UNIT 3, SEBASTIAN HIGHLANDS ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-99, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. R-92-16 - Support for SWIM Program (Staff Recommendation dated 3/5/92, R-92-16) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE SURFACE WATER IMPROVEMENT AND MANAGEMENT (SWIM) PROGRAM. RESOLUTION NO. R-92-18 - Support for Shooting Range on Coraci Property (R-92-18) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE PROPOSED LOCATION OF A SHOOTING RANGE FACILITY LOCATED ON THE CORACI RANCH LOCATED IMMEDIATELY WEST OF THE CITY LIMITS; PROVIDING THE SUPPORT BY THE SEBASTIAN CITY COUNCIL TO LOCATE THIS RECREATIONAL FACILITY IN THE NORTH COUNTY. Treasure Coast Builders Association - Request Special Events Off-Premise Signs (Staff Recommendation dated 3/4/92, Kavanagh Letter dated 3/3/92) 4 Regular City Council Meeting March 11, 1992 Page Five 92.076 F. 92.077 G. 92.078 H. 92.079 I. 92.080 j. 92.081/ K. 91.003 92.082 L. 92.083 M. 92.084 N. Award Bid for Community Center Flooring - Jerry Smith Tile of Sebastian - 86,150 (Staff Recommendation dated 2/24/92, Bid Tabulation) Waive Bidding Procedure - Copy Machine Purchase - Mita #5585 - EGP, Inc. - 88,810 (Staff Recommendation dated 3/3/92) Old Police Station Buildings Removal - Waive Bidding Procedure for Sale or Abandonment of City Property - Authorize Transfer to Brevard Correctional Institution (City Manager Recommendation dated 3/3/92, BCI Letter dated 2/27/92) Bid Award - Police Station Metal Lockers - Craft Equipment Co. of Orlando - $3,755 (Staff Recommendation dated 3/4/92, Bid Tabulation) Sebastian Junior Women's Club - Request to Plant Trees (Staff Recommendation dated 3/4/92, Burtrem Letter dated 2/18/92) Florida Department of Transportation - Offer to Compensate City for Replacement Trees - U.S. 1 Median Strip (Staff Recommendation dated 3/5/92, Webb Letter dated 2/28/92) Request to Remove Specimen Tree - MGB Homes, Inc. - One Pine Lot 18, Block 440, SH, Unit 17 (Staff Recommendation dated 3/5/92, Application) Request for Community Center - Caldwell Wedding - 3/21/92 - Noon to 6 p.m. - A/B - Permittee James Caldwell DOB 8/6/25 - Security Paid (Application) Request for Community Center - Rodriguez Wedding - 4/25/92 - 3 p.m. to 9 p.m. - A/B, Decorations and Use of Kitchen Requested - Isabel Herrera Rodriguez Permittee DOB 11-13-53 - Security Paid (Application, City Clerk Letter dated 3/2/92) The City Manager read the consent agenda in its entirety. Councilman Holyk removed items B and H. Regular City Council Meeting March 11, 1992 Page Six Vice Mayor Oberbeck removed items F, G, J and N. MOTION by Holyk/Powell i move to approve items A, C, D, E, I, K, L and M. VOICE VOTE on the motion carried 4-0. (Conyers absent) Item B Councilman Holyk noted a typo in the legal description in R-92-13, changing "Unit 139" to "Unit MOTION by Holyk/Reid I would move that item B Resolution No. R-92-13 be passed with that correction in it. Vice Mayor Oberbeck inquired as to whether there was a unity of title on the property. The Director of Community Development said there will be one. ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye aye aye aye absent MOTION CARRIED 4-0 (Conyers absent). Item H The City Attorney and City Manager responded to concerns expressed by Councilman Holyk relative to proper procedures. MOTION by Holyk/Oberbeck I would move that item H of the consent agenda "Old Police Station Building Removal and Waive Bidding Procedure for Sale or Abandonment of City Property and Authorize the Transfer to Brevard Correctional Institution" be passed as written. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye absent aye MOTION CARRIED 4-0 (Conyers absent). 6 Regular City Council Meeting March 11, 1992 Page Seven The City Manager was excused during this portion of the meeting. Item F The Assistant Finance Director addressed Council at the request of Vice Mayor Oberbeck with a recommendation to repair the floor at the Community Center rather than replace it at a cost of approximately $400 to $500. Council concurred. MOTION by Oberbeck/Holyk I would make the motion that we remove item F from the consent agenda. Councilman Powell requested that staff look at the P.A. system in the Community Center. ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck aye aye absent aye aye MOTION CARRIED 4-0 (Conyers absent). Item G The Assistant Finance Director explained the placement of the copy machines in question initiated by a need for a copy machine by the Police Department. MOTION by Oberbeck/Holyk I'd move to put that item back on the agenda and I'd move to approve it. (Waive Bidding Procedure - Copy Machine Purchase - Mita #5585 - EGP, Inc. - $8,810) ROLL CALL: Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell aye absent aye aye aye MOTION CARRIED 4-0 (Conyers absent). 7 Regular City Council Meeting March 11, 1992 Page Eight 10. 11. 12. Item J Vice Mayor Oberbeck commended the Sebastian Junior Women's Club for their contribution. MOTION by Oberbeck/Holyk I would move that we approve it. (Sebastian Junior Women's Club - Request to Plant Trees) VOICE VOTE on the motion carried 4-0 (Conyers absent) Item N Vice Mayor Oberbeck requested a check of the rental figures for Rodriguez. MOTION by Oberbeck/Holyk I'd move to approve item N. (Request for Community Center - Rodriguez Wedding - 4/25/92 - 3 p.m. to 9 p.m. - A/B, Decorations and Use of Kitchen Requested - Isabel Herrera Rodriguez Permittee DOB 11-13-53 - Security Paid) VOICE VOTE on the motion carried 4-0 (Conyers absent) PRESENTATIONS None. MAYOR'S MATTERS Absent. COUNCIL MATTERS A. Vice Mayor Oberbeck None. B. Councilman Holy~ Councilman Holyk recommended that the city go forward with establishing regulations for the riverfront area before it is too late and clarified his sense of responsibility to residents to express his support for certain candidates. 8 Regular City Council Meeting March 11, 1992 Page Nine 91.325 13. C. Councilman Powell Councilman Powell inquired as to whether the city is complying with safety regulations. The Director of Community Development said he'd relay the message to the City Manager. TAPE I - SIDE II Councilman Powell inquired as to placement of reflectors at the intersection of Easy and Lake. D. Councilman Reid Councilman Reid recommended staff look into the duck problem in the vicinity of the Swim Lake. CITY ATTORNEY MATTERS Vice Mayor Oberbeck inquired as to the status of the EEOC complaint filed by an employee. The City Attorney responded that the EEOC complaint is being handled by the City's labor counsel and that it was not probable that the city could recover costs for attorney fees in the event the person is unsuccessful in the complaint. Report o__n Elkcam Dam (City Manager Letter dated 3/2/92, Ballard Letter dated 2/15/92, Fallace Letters dated 2/14/92 and 2/25/92) The City Attorney gave an update on the Elkcam Waterway Dam situation. 14. CITY MANAGER MATTERS The City Manager returned at this time and responded to Councilman Powell's question relative to Easy and Lake, reporting the work order has been filed. Vice Mayor Oberbeck reiterated Councilman Reid's suggestion regarding the Swim Lake. Vice Mayor Oberbeck called recess at 7:55 p.m. and reconvened the meeting at 8:11 p.m. Ail members were present. Regular City Council Meeting March 11, 1992 Page Ten 15. COMMITTEE REPORTS/RECOMMENDATIONS BOARD OF ADJUSTMENT 92.085 A. 16. 92.024 Appoint John R. Price and Fred Beuchling as Alternate Members_- Three Year Terms to Expire 3/11/95 (Staff Recommendation dated 3/5/92, Three Applications, Warrant Checks) The Director of Community Development responded to Vice Mayor Oberbeck's question relative to selection procedures and a brief discussion ensued. MOTION by Holyk/Powell I would move to appoint John Price and Fred Beuchling as alternate members for three year terms to expire 3/11/95 to the Board of Adjustment. VOICE VOTE on the motion carried 4-0 (Conyers absent) OLD BUSINESS RESOLUTION NO. R-92-17 - Sebastian Lakes Agreement (Staff Recommendation dated 3/4/92, R-92-17, Agreement, Plans Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP, IN A FORM iDENTICAL TO THE AGREEMENT ATTACHED TO THIS RESOLUTION AS EXHIBIT "A", WHEREBY SEBASTIAN LAKES ASSOCIATES WOULD DEDICATE CERTAIN STREET RIGHTS-OF-WAY TO THE CITY AND PROVIDE FUNDS NECESSARY TO EFFECT CERTAIN ROAD IMPROVEMENTS IN EXCHANGE FOR AN 18-MONTH EXTENSION OF THE CONCEPTUAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT KNOWN AS SEBASTIAN LAKES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager read Resolution No. R-92-17 by title only and commended the Director of Community Development for the manner in which he handled negotiations. 10 Regular City Council Meeting March 11, 1992 Page Eleven 92.044 The Director of Community Development noted two minor corrections in the agreement and stated the agreement is with the bank and will be submitted to the City the first of next week. Vice Mayor Oberbeck suggested the City look at placement of a walkway or bikepath adjacent to the library. MOTION by Holyk/Powell I would move for adoption of R-92-17 Sebastian Lakes agreement. VOICE VOTE on the motion carried 4-0 (Conyers absent) Golf Course Clubhouse Expansion (Staff Recommendation dated 3/4/92, Jones "Development Program" dated 3/3/92, Conceptual Plan Under Separate Cover) The City Manager presented the request for expansion of the Golf Course clubhouse. TAPE II - SIDE I Peter Jones gave an overview of the conceptual plan. Discussion ensued relative to the effect of the proposed expansion on the restaurant lease and as to the source of additional funds needed should costs exceed the Golf Course bond refunding proceeds as predicted. The City Manager said the next step in this procedure, in accordance with state law, is the hiring of an architect, however, it was the consensus of Council to direct the City Manager to'bring back additional financing information. He said he would report at the March 25, 1992 regular meeting. 11 Regular City Council Meeting March 11, 1992 Page Twelve 17. NEW BUSINESS 92.086 A. RESOLUTION NO. R-92-14 - Chessers Gap Final Plat (Staff Recommendation dated 3/4/92, R-92-14, Final Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF CHESSERS GAP SUBDIVISION, PHASE I, CONSISTING OF 15.02 ACRES, MORE OR LESS, LYING IN SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT AND ANY OTHER SUPPLEMENTAL DOCUMENTS AND AGREEMENTS ON BEHALF OF THE CITY; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-92-14 by title only. MOTION by Holyk/Powell I would move for acceptance of Resolution No. R- 92-14 Chessers Gap final plat. 92.009/ 91.194 VOICE VOTE on the motion carried 4-0 (Conyers absent) B. ORDINANCE NO. 0-92-09 - Solid Waste Franchise Agreement with St. Lucte Waste Services 1st Reading, Set Public Hearing for 3/25/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO ST. LUCIE WASTE SERVICES, INC.; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO BE PERFORMED; PROVIDING FOR RESIDENTIAL COLLECTION; PROVIDING SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES; PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILiTY; PROVIDING FOR ATTORNEYS' FEE AND PROVIDING FOR AN EFFECTIVE DATE. 12 Regular City Council Meeting March 11, 1992 Page Thirteen 18. 19. The City Attorney read Ordinance No. 0-92-09 by title only. Pete Jones, St. Lucie Waste Services, responded to questions addressed to him by Council. In response to Councilman Powell, the Finance Director said he had received a satisfactory response to a phone survey and had reported to Council at its direction. He submitted a copy of the report to Councilman Powell. (see attached) MOTION by Holyk/Reid I would move that we accept the first reading of Ordinance NO. 0-92-09 regarding solid waste franchise agreement with St. Lucie Waste Services and set public hearing for 3/25/92. ROLL CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid absent aye aye aye aye MOTION CARRIED 4-0 (Conyers absent). INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) Councilman Reid stated that Mr. and Mrs. Olberman were in attendance and could respond to any questions in regard to the proposed shooting range. Being no further business, Vice Mayor Oberbeck ad3ourned the meeting at 9:27 p.m. Kathry~ M. O'Halloran, City Clerk 13 UPDATE LETTER Exclusive Trash Hauling Franchise The following information is presented for your review and to apprise you of the status of the Franchise: 1) I have carefully reviewed the articles submitted by Harris Sanitation, Inc. to the Vice Mayor. It should be noted that both Longwood and Oveido are not serviced by St. Lucie Waste Services, Inc., but instead serviced by other subsidiary management teams to the Attwoods Co. The Longwood article seemed to generally support an $.89 increase in monthly fees in order to double the number of trash pickups per week. The article, in fact, quoted the City Administrator as "At the present collection fee of only $10.85 per month per household we have one of the lowest cost garbage pickups in the area; several dollars a month less than the amount charged by the County". Commissioner Pearl was quoted "As much as I don't like it, $.89 is in line..." and Commissioner Perry noted that other cities are increasing rates as a result of the new yard waste separation law that went into effect January 1, 1992. "I don't think $.89 is excessive" Perry said. The article concerning the City of Oveido addresses state imposed recycling. IWS proposed a rate increase to cover costs of increased services or, in the alternative, would hold their fee to the existing costs, provide the added services in exchange for the City to extend the life of the contract. 2) Finance has called several residential customers of St. Lucie Waste Services, Inc. on a random basis, and to the customer all described the level of service as adequate, and in some circumstances exemplary. The Finance Director has personally called the City Manager of Port St. Lucie and received a very favorable reference from Port St. Lucie with the caveat "St. Lucie Waste people are good businessmen and drive a hard bargain", although said that statement was not meant in a derogatory manner. Recent articles given me by the Vice Mayor indicate Sebastian has effected rates less than one third of the surrounding areas. Most of the concerns address mandatory recycling which will be offered soon by the Indian River county, however our rates are still far less than half of those described in the news articles even discounting recycling done "out of house". 3) Our timetable appears adequate for St. Lucie Waste Services, Inc. to begin trash pickup as of April 1, 1992 in time to effect an orderly changeover of service providers. Both Treasure Coast Refuse and Harris Sanitation have graciously agreed to cooperate with the City and the new franchisee to assist the Sebastian Consumer in this changeover. Michael L. Hudkins, CPA Finance Director