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HomeMy WebLinkAbout07141993 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNFfDAY, JULY 14, 1993 - 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 Harold Lee - First Baptist Church of Sebastian 4. ROLL CALL AGENDA NODIFICATIONS {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-93-19). 6. PROCLAMATIONS AND/ORANNOUNCEMENTS 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 93.184 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. RESOLUTION NO. R-95-30 - St. Sebastian PUD - Carl Julian, Trustee - Special Use Pez~nlt - Mulching Facility (Director of Community Development Transmittal dated 7/8/93, Cooper Letters dated 6/18/93, Fisher Letter dated 6/23/93, Brooks Letter dated 6/29/93, Davis Letter dated 6/30/93, Torpy Letter dated 7/6/93, U.S. Fish & Wildlife Letter dated 6/4/93, R-93- 30, Map [Previously Distributed on 6/2/93]) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE OPERATION OF A MULCHING AND RECYCLING FACILITY, PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FOR A TRACT OF LAND APPROXIMATELY 50 ACRES IN SIZE LOCATED NORTHWEST OF MAIN STREET, NORTHEAST OF THE SEBASTIAN MUNICIPAL AIRPORT, AND SOUTHWEST OF U.S. HIGHWAY 1, LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. 8. 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. Approval of Minutes - 6/28/93 Regular Meeting, 7/7/93 Workshop 2 93.213 93.215 93.216 93.217 93.218 Be RESOLUTION NO. R-93-32 - Utilities Servioe Worker ! - Job Description (Utilities Director Transmittal dated 7/8/93, R-93-32 w/ Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF UTILITIES SERVICE WORKER I; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FORAN EFFECTIVE DATE. Ce RESOLUTION NO. R-93-31 - Vacation of Easement (City Clerk Transmittal dated 7/8/93, R-93-31, City Engineer Memo dated 6/22/93, Application, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE NORTH TEN FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 31, BLOCK 239, SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37D, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING FORAN EFFECTIVE DATE. Receive Code Enforcement Orders - No. 93-8246 (Picca), No. 93-7709 (Tayler & Pfenninger), No. 93-8164 (Herbst), No. 93-8115 (Dernbach), No. 92-7475 (Kozdra) Christ the King Lutheran Church - Request Permit Fee Waiver and Reimbursement of $350 Site Plan Fee (Director of Community Development Transmittal dated 7/8/93, Hauenstein Letter dated 7/2/93) Tozzolo Bros. - Specimen Tree Removal Request - Two Pines - Lot 3, Block 287, Unit 10 Sebastian Highlands (Director of Community Development Transmittal dated 7/8/93, Application, Survey) 9. PRESENTATIONS 3 93.203 10. 11. 12. 13. 14. MAYOR AND CITY ¢OUNCZL MATTERS A. Mayor Lonnie R. Powell B. Vice-Mayor Frank Oberbeck c. Mrs. Carolyn Corum D. Mrs. Norma Damp E. Mr. Robert Freeland CITY ATTORNEY MATTERS CITY MANAGER MATTERS COMMITTEE REPORTS/RECOMMENDaTIONS OLD BUSINESS RESOLUTION NO. R-93-~9 - 92/93 FY Budget Amendment (Finance Director Transmittals dated 7/6/93 [Budget Amendment, Budget Variances Explanation and R-93-29 Under Separate Cover]) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993; APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1993, SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO AMEND SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS OF SEPTEMBER 30, 1992; PROVIDING A MEANS TO AMEND THE SAID BUDGET TO REFLECT GRANTS RECEIVED AFTER SEPTEMBER 30, 1992; PROVIDING A MEANS TO AMEND SAiD BUDGET SO AS TO CARRY FORWARD UNENCUMBERED BALANCE IN CAPITAL PROJECTS FUND; AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 4 93.219 15. NEW BPSZN~BS 16. Bid Award - Temple Avenue Reconstruction - Pan American Engineering Company, Inc. - $80,277.50 (City Engineer Transmittal dated 7/8/93, Bid Tabulation, Exhibit D, Public Entity Crime Form and Exhibit G) INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 5 PUBLIC HEARING SIGN-UP SHEET JULY 14, 1993 REGULAR MEETING 93.184 A. RESOLUTION NO. R-95-30 - St. Sebastian PUD - Carl Jullan, Trustee - Speclal Use Permit - Mulching Facility A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE OPERATION OF A MULCHING AND RECYCLING FACILITY, PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FOR A TRACT OF LAND APPROXIMATELY 50 ACRES IN SIZE LOCATED NORTHWEST OF MAIN STREET, NORTHEAST OF THE SEBASTIAN MUNICIPAL AIRPORT, AND SOUTHWEST OF U.S. HIGHWAY 1, LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Use this form ONLY for public input on the above referenced public hearing item NAME: ADDRESS: NAME: ADDRESS: ADDRESS: NAME: ADDRESS: NAME: ADDRE S S: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAM~: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ~DDRESS: NAME: ADDRESS: PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET JULY 14, 1993 CITY COUNCIL WORKSHOP (Use this form ONLY for input on items on the prepared agenda except for public hearings which have their own signup sheets. You will now speak immediately prior to the subject after being recognized by the Mayor.) NAME : ADDRESS ITEM NO.: ITEM NO.: 93. 0 ~1L£¥ NAME : ADDRESS : ITEM NO.: 93. SUBJECT : NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. iNTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGNUP SHEET JULY 14, 1993 REGULAR CITY COUNCIL MEETING (Use this form ONLY for presentation of matters NO~ on the prepared agenda. Introduction of Business from the Public is the last item on the agenda) NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: 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 C'OUNCIL REGULAR MEETING WEDNESDAY, jULY 14, 1993 - 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. Invocation was given by Reverend Harold Lee, First Baptist Church of Sebastian. 4. ROLL CALL Present: Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Absent: Also Present: Mayor Lonnie Powell (excused) City Manager, Robert McClary city Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Marilyn Swichkow Utilities Director, Richard Votapka City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting July 14, 1993 Page AGENDA MODIFICATIONS ¢~DDITIONB ~ND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). Vice Mayor Oberbeck requested that Sal Mancino, Vietnam Veterans of America, be placed on the agenda for presentation of a plaque to the City of Sebastian. MOTION by Freeland/Damp I make a motion that we allow Sal to speak on behalf of the Vietnam Veterans. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent MOTION CARRIED 4-0 (Powell - absent) 6. PROCLAMATIONS /%ND/OR ANNOUNCEMENTS Sal Mancino, Vietnam Veterans of America Chapter 567, presented a plaque and a certificate to the City and Parks Department in appreciation of city assistance with its first festival at Riverview Park . 7. PUBLIC HEARING, FIN~.L ~C~ON The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. 2 Regular City Council Meeting July 14, 1993 Page Three 93.184 A. RESOLUTXON~R-93-30 - St. Sebastian PUD - Carl Julian, Trustee - Special Use Permit - Hulchinq Facility (Director of Community Development Transmittal dated 7/8/93, Cooper Letters dated 6/18/93, Fisher Letter dated 6/23/93, Brooks Letter dated 6/29/93, Davis Letter dated 6/30/93, Torpy Letter dated 7/6/93, U.S. Fish & Wildlife Letter dated 6/4/93, R-93- 30, Map [Previously Distributed on 6/2/93]) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE OPERATION OF A MULCHING AND RECYCLING FACILITY, PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FOR A TRACT OF LAND APPROXIMATELY 50 ACRES IN SIZE LOCATED NORTHWEST OF MAIN STREET, NORTHEAST OF THE SEBASTIAN MUNICIPAL AIRPORT, AND SOUTHWEST OF U.S. HIGHWAY 1, LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Advertised 7/6/93 Legal Notices) Vice Mayor Oberbeck opened the public hearing at 7:08 p.m. and the city Attorney read Resolution No. R-93-30 by title only. 'The City Attorney advised that people be placed under oath when addressing City Council. Upon being sworn in, Roger Skillman, Delray Beach, Florida; George Metcalf, Pine Street, Sebastian, Florida; and A1 Vilardi, 445 Georgia Boulevard, Sebastian, all addressed City Council. Upon being sworn in, David Fisher, PO Box 976, Sebastian, Florida, representing the property owner, Carl R. Julian, Trustee, presented the request to City Council and noted that a letter had been presented to the Director of Community Development today explaining the applicant's approach to present the application on its merits at this time and if City Council cannot approve it on its merits, they be given a continuation to present additional documentation. Regular City Council Meeting July 14, 1993 Page Four Mr. Fisher then explained his proposal for the mulching/recycling/chipping facility and reiterated comments made in the letter to the Director of Community Development dated July 9, 1993 (see attached). TAPE I - SIDE II (7:49 p.m.) Mr. Fisher continued with his presentation and discussed Indian River County concerns relative to solid waste disposal. Upon being sworn in, Keith Miller, 961 Riviera Avenue, Sebastian, Florida, addressed city Council. The City Clerk stated, for the record, that she had received two verbal objections from Steve Fallon, 104 Lund Road, Nashua, New Hampshire and Elzbieta Zambrzychka, 245 Dunn Avenue, Toronto, Ontario, Canada. Upon being sworn in, Bruce Cooper, Director of Community Development, made a brief presentation on behalf of staff. The City Attorney opined that the activity contemplated for the special use permit is not in violation of the County ordinance and explained the function of the City Council as a quasi-judicial body. Vice Mayor Oberbeck closed the public hearing at 8:08 p.m. A lengthy City Council discussion followed on location of the operation, source of the materials, noise, traffic, compliance with the county ordinance, the merits of the application, the alteration of procedures since the last approval of this type, whether weight should be given to letters of objection, and disposal of the mulch. Upon being sworn in, Richard Fey, 14405 80th Avenue, Roseland, addressed City Council relative to volume of debris. TAPE II - SIDE I (8:35 p.m.) 4 Regular City Council Meeting July 14, 1993 Page Five City Council discussion continued. Mr. Freeland inquired whether the city would now receive money owed it by the owner in accordance with the Main Street agreement. The city Attorney said he would have to review the agreement, but said he would tend to say this is not considered development and the use is temporary. Discussion continued relative to storage of debris, type of equipment used, configuration of land, environmental and emergency management issues, who will be the operator of the mulching facility, whether the use is compatible with the Land Developent Code, the possibility of imposing a performance bond, and continuing action on this matter for further documentation. MOTION by Damp/Freeland I move for continuance on this issue until such time as the information is brought back to Council. The City Attorney advised that no special advertisement other than normal meeting notice is required since the public hearing has been closed. Mr. Fisher noted that debris referred to by Mr. Metcalf was dumped by the city. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye MOTION CARRIED 4-0 (Powell - absent) Vice Mayor Oberbeck called recess at 9:00 p.m. and reconvened the meeting at 9:15 p.m. All members were present. 8. CONSENT ~ENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 6/28/93 Regular Meeting, 7/7/93 Workshop Regular City Council Meeting July 14, 1993 Page Six 93.213 B. 93.215 93.216 93.217 93.218 RESOLUTION NO. R-95-32 - Utilities Service Worker I - Job Description (Utilities Director Transmittal dated 7/8/93, R-93-32 w/ Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF UTILITIES SERVICE WORKER I; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-93-~ - Vacation of Easement (City Clerk Transmittal dated 7/8/93, R-93-31, City Engineer Memo dated 6/22/93, Application, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE NORTH TEN FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 31, BLOCK 239, SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37D, PUBLIC RECORDS OF iNDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. Receive Code Enforcement Orders - No. 93-8246 (Picca), No. 93-7709 (Tayler & Pfenninger), No. 93-8164 (Herbst), No. 93-8115 (Dernbach), No. 92-7475 (Kozdra) Ee Christ the King Lutheran Church - Request Permit Fee Waiver and Reimbursement of $350 Site Plan Fee (Director of Community Development Transmittal dated 7/8/93, Hauenstein Letter dated 7/2/93) Tozzolo Bros. - Specimen Tree Removal Request - Two Pines - Lot 3, Block 287, Unit 10 Sebastian Highlands (Director of Community Development Transmittal dated 7/8/93, Application, Survey) The City Manager read the consent agenda in its entirety. 6 Regular City Council Meeting July 14, 1993 Page Seven 93.213 93.215 Mrs. Damp removed item C, Mrs. Corum removed item F, and Mr. Freeland removed item B. MOTION by Corum/Freeland I move to approve items A, D, and E of the consent agenda. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 4-0 (Powell - absent) ~ ~ ~ RESOLUTION NO. R-93-32 ~ Utilities Service Worker ~ Mr. Freeland recommended that Council wait until after the budget. Mr. Oberbeck recommended part-time and contracting out. MOTION by Corum/Damp I make a motion to approve Resolution No. R-93- 32. ROLL CALL: Mr. Freeland - nay Mayor Powell - absent Mr. Oberbeck - nay Mrs. Corum - aye Mrs. Damp - aye MOTION FAILED (2-2) (Freeland, Oberbeck - nay Powell - absent) The City Attorney said the resolution can be brought back at any time. Item C - RESOLUTION NO. R-93-31 m Vacation o__f Easement It was noted that the letter authorizing Carroll Simes to act as agent for David Thomas had been received. MOTION by Damp/Freeland I make a motion to approve item C Resolution No. R-93-31. 7 Regular City Council Meeting July 14, 1993 Page Eight 93.218 ROLL CALL: Mayor Powell - absent Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-0 (Powell - absent) Item F - Tozzolo Bros. - Specimen Tree Removal Request Mrs. Corum expressed concern for the lack of pervious surface on the subject property. MOTION by Corum/Freeland I'll make a motion to approve item F of the consent agenda. VOICE VOTE on the motion carried 4-0 (Powell - absent) 9. PRESENTATIONS None. A. Mayor Lonnie R. Powell Absent. B. Vice-Mayor Frank Oberbeck Mr. Oberbeck inquired whether Captain Hiram's signs on U.S. 1 are in right-of-way; whether the Director of Community Development had prepared any language regarding accessory uses on adjoining properties; reported on the MPO agreement; said Mr. Freeland had attended today's MPO meeting; and inquired about the legality of Golf Course brochures advertising a private entity. C. Mrs. Carolyn Corum Mrs. Corum said she had requested a history of the police station air quality problem and reiterated that she would like it prepared. The Director of Community Development said he would report to City Council. 8 Regular city Council Meeting July 14, 1993 Page Nine Mrs. Corum discussed cable TV technology and recommended the city look into revising its franchise relative to rate increases and services, and placed the item on the July 28, 1993 agenda. The City Attorney said the city cannot unilaterally change the franchise. TAPE II - SIDE II (9:36 p.m.) Discussion took place on future requirements to comply with new federal regulations. Mrs. Corum inquired whether Mr. Cooper conducted an investigation of Mr. Bassi and Mr. Cooper stated he did not. Mr. Oberbeck inquired whether the report on the police station air quality problem had arrived and Mr. Cooper said it had not; and advised Mrs. Corum to be careful relative to investigations of staff members. D. Mrs, Norma Damp Mrs. Damp inquired whether restrooms are required adjacent to marinas and asked that the item be placed on the August 4, 1993 workshop agenda. E. Mr. Robert Freelan~ Mr. Freeland recommended that a meeting be scheduled with all parties involved in the police station air quality problem. The Director of Community Development responded and discussion followed. Mr. Freeland discussed an unsigned letter he received relative to the Golf Course and asked that the City Manager pass it on to the Golf Course Manager. The City Attorney advised that the letter be submitted to the City Clerk to pass along. 11. CITY ~TTORNEY I~ATTERB None. 12. CITY ~4ANAGER F.%TTERS The City Manager said he is keeping appointments to a minimum while he works on the budget. 9 Regular City Council Meeting July 14, 1993 Page Ten 13. COI~ITTEE RBPORTSJRECO~ENDAT~ONS Mr. Oberbeck inquired whether Mayor Powell had been appointed to the Low Income Housing Committee. The City Clerk said she would contact the Indian River County Commission office. 14. OL~ BUSINESS 93.203 RESOLUTION NQ, R-93-Z9 - 92/93 FY Budget ~nendment (Finance Director Transmittals dated 7/6/93 [Budget Amendment, Budget Variances Explanation and R-93-29 Under Separate Cover]) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993; APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1993, SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO AMEND SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS OF SEPTEMBER 30, 1992; PROVIDING A MEANS TO AMEND THE SAID BUDGET TO REFLECT GRANTS RECEIVED AFTER SEPTEMBER 30, 1992; PROVIDING A MEANS TO AMEND SAID BUDGET SO AS TO CARRY FORWARD UNENCUMBERED BALANCE IN CAPITAL PROJECTS FUND; AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The city Manager read Resolution No. R-93-29 by title only. The City Manager gave an explanation of the proposed budget amendment and City Council discussion followed on use of reserves. The Finance Director recommended that budget amendments be done twice a year. Discussion continued. Mr. Freeland distributed calculations he had prepared (see attached) for City Council review and recommended that expenditures be cut to reduce the budget. Discussion continued on the golf course budget. TAPE III - SIDE I (10:22 p.m.) l0 Regular City Council Meeting July 14, 1993 Page Eleven 93.219 At 10:30 p.m. motion was made as follows. MOTION by Freeland/Damp I make a motion that we extend the meeting ten minutes. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent MOTION CARRIED 4-0 (Powell - absent) The Finance Director suggested that the amendment be approved with directives to staff. MOTION by Damp/Freeland I make a motion that we approve Resolution No. R- 93-29 on the budget amendment. Mr. Oberbeck recommended reduction in spending. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye MOTION CARRIED 4-0 (Powell - absent) 15. N~W BUSINES~ ae Bid Award m Temple Avenue Reconstruction - Pan American Engineerin~ Company, Inc. - $80,277.50 (City Engineer Transmittal dated 7/8/93, Bid Tabulation. Exhibit D. Public Entity Crime Form and Exhibit G_~ MOTION by Damp/Freeland i make a motion that we approve the bid award to Pan American for $80,277.50. Regular City Council Meeting July 14, 1993 Page Twelve ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 4-0 (Powell -- absent) 16. INTRODUCTION OF NEW BUSINESS BY TH~ PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) Patrick Riley, 1566 Picasso Street, Sebastian, reported on problems in his neighborhood. 17. Being no further business, Vice Mayor Oberbeck adjourned the meeting at 10:40 p.m. Approved at the Kathry~ M. O}{alloran, CMC/AAE City Clerk , 1993, City Council Meeting. __ ~ JLonnie R.~owell, Mayor 12 1~/1~ AMENDED BUDGET TOTAL REVENUES * MINUS TAX RESERVED FOR 1~94 1992/1~93 USABLE REVENUE $ 4,134,657 $ 4,037,383 TOTAL BUDGETED EXPENDITURES MINUS BUDGETED RESERVE (CARRYOVER) ACTUAL BUDGETED EXPENDITURES $ 5,199,907 938,550 $ 4,~&1,357 REVENUE MINUS EXPENDITURES * $97,M74 ERROR IN TAX COMPUTATION LAST FALL. NOVEMBER 18,1~9~ MEETING THE CITY MANAGER STATED, "THE $97,M74 WILL BE SET ASIDE AND WILL NOT BE USED UNTIL FISCAL 1994". SPENDING OF RESERVES FUND GENERAL CAP PROJ CAP IMPROV OOLR COURSE AIRPORT CEMETERY GAS TAX BEGIN BAL 1,065,250 234,699 118,295 648,9?0 188,48I 104,666 145,057 Y/E BALANCE 841,876 54.54? 12,673 876,800 155,988 88,366 8,34? DIFFERENCE 883,994 - 180,150 - 99,682 - 378,??0 - 38,553 - 16,30© - 148,710 - TOTALS 2,499,416 1,431,337 1,068,079 - (**) 520 OPERATING SUPPLIES PG DEPARTMENT ORIG BUD YTD 6/30 AMEND ? CITY MGR qO0 1,091 1,600 9 FINANCE 1,000 1,730 1,300 lA. BLD DEP¥ 8,500 10,166 18,940 16 CITY CLERK 0 2,660 4,000 18 POLICE 18,750 9,686 1,050 20 COMM DEV 500 9?2 ?00 85 CEMETERY 500 371 8,080 83 ENGINEERING 1,000 1,518 ?50 29 RDS & STS 8,500 10,119 7,110' B1 GARAGE 8,100 1,819 900 33 PARKS A,O00 3,?6? 1,000 5i GOLF COURSE 4,500 9,519 5,500 TOT AMEND 2~000 8,300 15,440 4,000 13,800 1,800 8,580 1,750 15,610 3,000 5,000 10,000 TOTALS $ 37,750 $ 53,352 $ 38,930 $ 76,680 YEAR TO DATE SPENT 1AlZ OF BUDGET PROJECTED TO SPEND 203X OF BUDGET (**) FIGURES TAKEN FROM JULY 7 BUDGET REVISION