The URL can be used to link to this page

Home My WebLink About04041990 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 90.091 89.003 90.092 90.093 AGENDA SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, APRIL 4, 1990 - 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 3. ROLL CALL 4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 5. PROCLAMATIONS/ANNOUNCEMENTS A. Proclamation - Veto Beach High School Chorus - April 7, 1990 6. PUBLIC INPUT A. Non-Agenda Items A. Harry E. Beller, M.D. - Cutler & Stanfield Fee and Payment (No Backup) B. Agenda Items 7. WORKSHOP ITEMS A. City Department Orientation (City Manager Recommendation dated 3/29/90) B. Discuss Adoption of the 1990 National Electrical Code (Staff Recommendation dated 3/29/90) City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 M I N U T E S SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, APRIL 4, 1990 - 7:00 P.M. CITY COUNCIL CHAM~ERS 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. Mayor Conyers called the meeting to order at 7:02 p.m. The Pledge of Allegiance was recited. ROLL CALL Present: Mayor W.E. Conyers Councilman Robert McCollum Vice Mayor Frank Oberbeck Councilman Lonnie Powell Councilman Lloyd Rondeau Also Present: City Manager, Robert McClary Assistant City Manager, JoAnne Townsend City Attorney, Charles Nash Director of Community Development, Bruce Cooper Finance Director, Carol Carswell Interim City Engineer, David Fisher City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio City Council Workshop April 4, 1990 Page 2 4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) The City Manager requested addition of two emergency items to the agenda and waiver of the twelve hour notice requirement regarding request from Utility Systems of America, Inc. for a burn permit for the north county sewer project and request'for waiver of bid procedure for the installation of sports lighting poles at Barber Street Sports Complex by the Gerald R. Page Corporation. (memo attached) MOTION by Rondeau/Powell I move both items be put on the agenda as emergency action. ROLL CALL: Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye MOTION CARRIED 5-0. The interim City Engineer explained to Council the request for a variance to Section 11-19 (e) of the Code of Ordinances regarding burning and recommended approval. He said Department of Forestry and Indian River County Fire Department approval are required. Frank Monte, Utility Systems of America, Inc., addressed Council. MOTION by McCollum/Rondeau I so move. The City Clerk stated that approval of the motion would permit Utility Systems of America, Inc., sewer contractors on the county sewer project, to burn cleared vegetation next to the FEC railroad tracks just south of Martin Avenue off of U.S. #1. ROLL CALL: Councilman McCollum - aye Vice Mayor Oberbeck - nay Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye MOTION CARRIED 4-1. (Oberbeck - nay) 2 City Council Workshop April 4, 1990 Page Three The interim City Engineer explained the request for waiver of the bid procedure to contract with the Gerald R. Page Corporation to install sports lighting poles at Barber Street Sports Complex. He said if approved the company is prepared to install the light poles next Tuesday and Wednesday. MOTION by Powell/McCollum I move we waive the bid and give Gerald R. Page Corporation the bid with a cost not to exceed the maximum estimate of 89360. ROLL CALL: Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye Councilman McCollum - aye MOTION CARRIED 5-0. 5. PROCLAMATIONS/ANNOUNCEMENTS 90.091 Proclamation - Vero Beach High School Chorus April 7, 1990 Mayor Conyers instructed the City Clerk to mail the proclamation to the appropriate party. 6. PUBLIC INPUT A. Non-Agenda Items 89.003 Harry E. Beller, M.D. - Cutler & Stanfield Fee and Payment (No Backup) Dr. Beller asked Council to request the City Manager to request an explanation from Eliot Cutler with xrespect to his bill. B. Agenda Items Mayor Conyers allowed Peter Vallone to speak to a non-agenda item. Peter Vallone, 171 Delaware Avenue, Sebastian, referred to the Clivus Multrum being removed from Riverview Park. Shirley Kilkelly, 950 Franciscan Avenue, addressed the recommendation from Planning & Zoning on accessory buildings. 3 City Council Workshop April 4, 1990 Page Four 7. WORKSHOP ITEMS 90.092 A. 90.093 90.094 City Department Orientation (City Manager Recommendation dated 3/29/90) The City Manager, City Clerk, City Attorney, Finance Director and interim City Engineer gave brief presentations on each of their departments' functions. Councilman Rondeau was excused from 8:08 p.m. to 8:10 p.m. Mayor Conyers called recess at 8:30 p.m. and reconvened the meeting at 8:40 p.m. Ail Council members were present. Discuss Adoption of the 1990 National Electrical Code (Staff Recommendation dated 3/29/90) The Director of Community Development said his recommendation was self-explanatory and that technical codes are amended every two or three years. MOTION by Oberbeck/Powell I move we direct the City Attorney to draft the ordinance. VOICE VOTE on the motion carried 5-0. Discuss Amendment to Resolution No. R-89-13 - City Boards and Sug-~ested New Application Fo~m (Staff Recommendation dated 3/29/90, ~ Clerk Memo dated 3/29/90, City Clerk Memo dated 4/10/89, Proposed Resolution, Proposed Application Form, Current Application Form) The City Clerk said her request was self-explanatory. MOTION by McCollum/Powell I move we go along with the suggestion of City Clerk and change our procedures on forms to be filled out to the suggested replacement. The City Attorney added language to the application and made minor changes to the resolution. "With changes and additions" was added to the motion. 4 City Council Workshop April 4, 1990 Page Five 90.058 ROLL CALL: Councilman Rondeau - aye Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye MOTION CARRIED 5-0. MOTION by Rondeau/Oberbeck I move we place the amended resolution on the April 11, 1990 agenda. ROLL CALL: Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye MOTION CARRIED 5-0. Discuss Proposed Amendment Concerning Restrictions on Accessory Buildings (P & Z Recommendation dated 3/29/90, Memo from Kinchen dated 3/23/90) Mayor Conyers said he felt there were too many restrictions being placed on citizens. The memo stating Planning and Zoning's recommendation was nearly illegible, therefore, the following motion was made. MOTION by McCollum/Oberbeck I move we put this aside to a future date until we can get something we can read. The City Manager said staff could provide a recommendation on the matter, however, it would not be ready for the April 11, 1990 agenda. ROLL CALL: Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye MOTION CARRIED 5-0. 5 City Council Workshop April 4, 1990 Page Six 8. MAYOR'S MATTERS Mayor Conyers requested the City Manager look into lack of water pressure in fire hydrants in General Development areas; questioned whether the Golf Course Manager had the authority to hire and fire personnel; requested that an abandoned city vehicle be removed from the Golf Course parking lot; and requested that the Golf Course area be spruced up. Vice Mayor Oberbeck questioned the status of the proposal for lease of the Golf Course restaurant; and discussed the possibility of paving the Golf Course parking lot. MOTION by Oberbeck/Powell I move the City Manager be requested to look into the possibility of paving the road that goes into the Golf Course and also the parking lot itself, what it would cost and how to proceed on it and other related improvements. ROLL CALL: Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye Councilman McCollum - aye MOTION CARRIED 5-0. Mayor Conyers questioned the type of airport location sign used in the city and whether a sign depicting a smaller plane could be used; said he had received a call from a citizen who was donating $500 toward renovation of Hardee Park; suggested renegotiating with Stottler Stagg on the police facility and questioned the selection of Chesser Gap over Stottler Stagg's suggested city site; requested that discussion of the police facility be placed on the April 11, 1990 agenda; and expressed his dissatisfaction with the way the Italian/American Club lease was negotiated. He requested, in the future, a more in-depth agreement. City Council Workshop April 4, 1990 Page Seven 90.095 9. COUNCIL MATTERS A. Vice Mayor Oberbeck Vice Mayor Oberbeck requested that the City Manager request a complete set of plans and specifications of the North County sewer; questioned whether the city was in a position to lien any GDC properties and requested that the City Attorney look into this; and questioned when Council would see the Golf Course restaurant lease. The City Manager responded he would provide it to Council next week. Discuss Airport Moratorium (Minutes of 1/2/85 City Council Workshop Meeting) Attorney Nash advised Council to take action on this matter at a regular meeting rather than a workshop. Vice Mayor Oberbeck requested that this item be placed on the April 11, 1990 agenda. B. Councilman McCollum Councilman MCCollum discussed the proposed Hardee Park renovation; said he would be attending meetings with city organizations for support and anticipated construction to take place in October. Vice Mayor Oberbeck was excused from 9:41 p.m. to 9:43 p.m. C. Councilman Powell Councilman Powell requested that action to eliminate the airport hotline be placed on the April 11, 1990 consent agenda; requested that the City Manager request a report from the Director of Community Development on the status of abandoned buildings in the city to which Attorney Nash responded he would report at the next meeting; and questioned whether a fence would be put up at the parking lot behind the chamber of commerce. The City Manager responded that a fence would be erected. Vice Mayor Oberbeck said the parking lot should be posted for boat trailer parking only. 7 City Council Workshop April 4, 1990 Page Eight 89.003 90.096 D. Councilman Rondeau Disassociation of Service L Special Attorney, Eliot Cutler (No Backup) Charles Stachel, 1698 Coral Reef Street, Sebastian, recommended against disassociation. Councilman Rondeau recommended disassociation of services of Eliot Cutler. MOTION by Rondeau/Oberbeck I move the disassociation of service of Special Attorney, Eliot Cutler, be placed on the April 11, 1990 consent agenda. Vice Mayor Oberbeck placed discussion of legal action against Attorney Cutler for malpractice on the April 11, 1990 agenda. The City Attorney said he would provide the City Manager with a list of law firms who might handle a suit such as this on a contingency basis. ROLL CALL: Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - aye MOTION CARRIED 5-0. 10. CITY ATTORNEY MATTERS None. 11. CiTY MANAGER MATTERS Discuss Amendments to Section 3.5-5 Code of Ordinances (City Manager Recommendation dated 3/29/90) The City Manager explained the inconsistencies in the code which would require amendment. Discussion followed on the positions of Airport Director and Assistant City Manager. City Council Workshop April 4, 1990 Page Nine 12. MOTION by Rondeau/McCollum I move we direct the City Attorney to amend the code to remove Airport Director as well as Airport Board. ROLL CALL: Councilman Rondeau - aye Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye MOTION CARRIED 5-0. Being no further business to come before Council, Mayor Conyers adjourned the meeting at 10:30 p.m. Approved at the Clerk · 1990 /'~~'l~C ~ Council Meeting. W. E. Conyers, ~ g City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMORANDUM DATE: TO: FROM: RE: April 4, 1990 W.E. Conyers, Mayor & Sebastian City Council Robert S. McClary Emergency Items City Engineer, David W. Fisher has requested City Council consideration of two (2) emergency items at tonight's City Council Meeting. In order to consider these items at least three (3) members of the City Council would need to waive a twelve (12) hour notice requirement of the City Charter and the items would need to be added to the agenda by unanimous consent~ BURN PERMIT FOR NORTH COUNTY SEWER PROJECT The first matter is a request pursuant to the City Code for a permit to burn cleared vegetation. The location would be next to the FEC railroad tracks, just south of Martin Avenue off of U.S. #1. A memorandum from Dave Fisher is attached. BARBER STREE~ SPORTS COMPLEX LIGHTING The second matter is a request to waive bidding procedures for the installation of the sports lighting poles at the Barber Street Sports Complex. Because the amount is expected to exceed $2,000, City Council approval is necessary. A memo from Dave Fisher is attached for your information. We shall appreciate the City Council's consideration of these matters as-emergency items at tonight's City Council Meeting. /jmt City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 DATE: TO: FROM: RE: M E M O 3 APRIL 1990 , ROBERT S. McCLARY, CITY MANAGER DAVE FISHER, ENGINEERING / PUBLIC~~ WAIVER OF BID PROCEDURE . INSTALLATION OF SPORTS LIGHTING POLES AT BARBER STREET SPORTS COMPLEX . GERALD R. PAGE CORPORATION This a request for the subject waiver of bid procedures pursuant to our discussions with Gerald R. Page Co~poration of Lavergne, Tennessee, and Prospect Heights, Illinois. We were referred to PAGE CORP. by R & J Crane of Vero Beach in our search for auger equipment big enough to set the subject ten (10) sports lighting poles (requires augered hole greater than or equal to 30" in diameter). PAGE CORP. sets such polgs and large signage with their own field crews and auger/crane equipment throughout the eastern U.S. One of their field crews is currently working in the Orlando Area and we met with their Field Superintendent, Mr. Jim Carlson, at the Barber Street site on Friday, 30 March 90, to discuss aspects and details of the subject installation. We favor PAGE CORP. as our best available alternative to installing the poles because: 1) They have the requisite size auger equipment and experienced personnel in the area. [ It is difficult to find available auger equipment 30" or greater in diameter.] m o r e REQUEST WAIVER OF BID PROCEDURE PAGE CORPORATION 3 APRIL 90~ 2) 3) They can provide and coordinate all equipment, tools, and experienced field personnel to handle the entire installation under their own $1,000,000 insurance coverage. Estimated cost to the City for PAGE to perform such installation is equal to or less than estimate for any other alternative. Notes of our field meeting with PAGE CORP. are as follows: PAGE to install ten (10) poles beginning early Tuesday morning, 10 April 90. Expect to take 2 to 3 days. PAGE to supply all tools, equipment (including crane and auger),-temporary bracing, manpower and supervision (two workers plus working foreman), and imbedment concrete. . City to provide location and alignment checks. Price quotation: A) $1420 per 8-hour day for labor and supervision. $190 per hour for each hour overtime per day, all- inclusive (except for local crane charges). B) Crane/operator from R & J in Vero Beach. [Expect $80/hr.] PAGE to order, coordinate, and supervise. Bill as reimbursable. c) Ready-mix concrete from Tarmac. PAGE to order, coordinate, and bill as reimbursable. PAGE to furnish certificate of insurance (minimum $1,000,000 coverage). . City to cancel this arrangement on Thursday, 5 April 90, if not approved by City Council night before. · Contact person: Randy Randolf (615-793-6796). more REQUEST FOR WAIVER OF BID PROCEDURE PAGE CORPORATION ESTIMATED MAXIMUM COST: 3 APRIL 90 PG 3 .~~ 1) LABOR/SUPERVISION/AUGER: 2) CRANE/OPERATOR: 3) READY-MIX CONCRETE: 3 Days @ ($1420 + $570) = $5820 3 Days @ $880 = 2640 20 CY, @ $45 = 900 EST. MAX. TOTAL (3 days w/ 3 hrs OT ea. day): ~9360 IF COMPLETED IN TWO DAYS (w/ 3 hrs OT ea. day): $6540 IF COMPLETED IN TWO DAYS (w/ no overtime): $4620 IF COMPLETED IN ONE DAY (w/ 4 hrs OT): $4040 Staff concludes that maximum estimated cost of using PAGE CORP. for subject installation is clearly no more than and most probably less than any other available alternative. Further, we conclude that PAGE's rates are fair, reasonable, and competitive and that using them will relieve the City of certain insurance coverage liabilities. Based on the above stated findings and rationale, we herewith request the subject waiver of bid procedures and approval to contract for the subject installation with PAGE CORPORATION. City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMORANDUM DATE: TO: FROM: RE: April 4, 1990 , W.E. Conyers, Mayor & Sebastian City Council Robert S. McClary ~ Emergency Items city Engineer, David W. Fisher has requested City Council consideration of two (2) emergency items at tonight's City Council Meeting. In order to consider these items at least three (3) members of the City Council would need to waive a twelve (12) hour notice requirement of the City Charter and the items would need to be added to the agenda by unanimous consent, BURN PERMIT FOR NORTH COUNTY SEWER PROJECT The first matter is a request pursuant to the City Code for a permit to burn cleared vegetation. The location would be next to the FEC railroad tracks, just south of Martin Avenue off of U.S. #1. A memorandum from Dave Fisher is attached. BARBER STREE~ SPORTS COMPLEX LIGHTING The second matter ts a request to waive bidding procedures for the installation of the sports lighting poles at the Barber Street Sports Complex. Because the amount is expected to exceed $2,000, City Council approval is necessary. A memo from Dave Fisher is attached for your information. We shall appreciate the City Council's consideration of these matters as 'emergency items at tonight's City Council Meeting. /jmt City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMO DATE: TO: FROM: RE: 3 APRIL 1990 ROBERT S. McCLARY, CITY MANAGER BRUCE COOPER, COMMUNITY DEVELOPMENT SPECIAL BURN PERMIT FOR UTILITY SYSTEMS OF AMERICAtINC. (CONTRACTOR FOR NORTH COUNTY SEWER SYSTEM) This memo is to confirm staff endorsement of the subject request. [ See attached letter from Utility Systems of America, Inc., dated 3 April 1990. ] That is: Utility Systems of America, Inc., contractor for the installation of the North County Sewer System, has formally requested a permit to burn cleared vegetation at a location next to the F.E.C. Railroad tracks (east side) just south of the Martin Street extension off of U.S. 1 (a point approximatel~ due west of the Donut Shop). Per the City Code of Ordinances, Chapter 11 (Fire Prevention Code), Article II, Section 11-19, such burning would be prohibited because it is within 1000 ft of an occupied dwelling. Contractor is requesting a variance per Section 11-19 (e), on the following grounds: 1) Burn location is more than 150 feet away from the nearest public road (U.S. 1) and they will be using "air curtain" equipment which will control the smoke from the burn; and 2) If a variance is not granted, contractor will have to haul a substantial amount of material to another location, probably just outside the City limits to the south for burning there under a County burn permit. REQUEST FOR VARIANCE BURN PERMIT FOR SEWER,CONTRACTOR Staff endorses the subject request and recommends a variance be granted in this particular case for the following reasons: 1) Experienced contractor will be utilizing "air curtain" equipment specifically designed to control smoke from such a burn. This procedure and equipment is approved and endorsed by the State Division of Forestry. [ The City is currently putting together a recommendation to revise the Code to allow burns-in similar situations if such "air curtain" equipment is used.] 2) FEC Railroad tracks is a natural barrier to the spread of any fire to the west. 3) If variance is not granted, project will encounter delay and contractor will suffer financial hardship while the actu~l, location of the burn would be moved not that far away to a point just south of the County line with the same situation attending there. 4) Contractor willing to shut down burn operation if smoke becomes a problem under any conditions. We herewith request your approval and transmittal to City Council for appropriate action. ~725 South I~°va Road, B-4 · SOuth Daytona, Fiorlda 32019 · (904) 756-2500 April 1990 Dave Fisher City ~ngineer City of Sebastian Re: Burn permit variance, North lndtag River sewer project Fisher: We are requesting a variance of the city code, to burn trees and brush in the City of Sebastian. The location ls 1830 feet South of Main Street on Eas~ side of FEC right of way. We will b~uslng an air curtin with an experienced land clearing sub contractmr. We will obtain a burn perml~ number from the Division of Forestry. The fire will be ex%inEuished every night and we will be burnin~ between 9:00 am and ~:00 pm. We will maintain a di~tanc~ of 300 feet, from the closest structure except f~r one building whlc~ will be ZSO feet. The ~C Railroa4 is a na%ural barrier $n thm 2MO feet dlstance. We would have approched the city earlier, but we ~elt we had %ime because of pipe delivery. We have been informed today that our pipe for thl~ area could be delivered am early a~ next week. Thank you for your Sincerely, UTILITY SYSTEMS OF AMt~R[C~, iNC. Dan Lamppa, Vice Pre~ld~ht/