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HomeMy WebLinkAbout08101994 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 10, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Donald E. Swope Presbyterian Church 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR Items not on the written agenda may be upon unanimous consent of the Council (Resolution No. R-93-19). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS - First DELETIONS) - added only members present 94. 178 94.158 94.203 94.204/ 92.275 PUBLIC HEARING, FINAL ACTION - None 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) 9. 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 - 7/27/94 Regular Meeting, 8/3/94 Budget Workshop RESOLUTION NO. R-94-41 - City Attorney - Clifton McClelland Legal Services Agreement (City Clerk Transmittal dated 8/1/94, R-94-41, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CITY ATTORNEY; AUTHORIZING THE MAYOR, ON BEHALF OF THE CITY COUNCIL, TO ENTER INTO A LEGAL SERVICES AGREEMENT WITH CLIFTON A. MCCLELLAND, JR., OF POTTER, MCCLELLAND, MARKS & HEALY, P.A., FOR THE PURPOSE OF PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Engage Hoyman, Dobson & Co. for 1993/1994 Fiscal Year Audit - Not to Exceed $36,545.00 - Finance Staff to Prepare Schedules (Finance Transmittal dated 8/4/94, Letter of Engagement) De Bid Award - Contract Mowing - Utility Sites - Vero Property Management, Inc. - $14,985.00 - Reject All Bids for Airport and Public Works Mowing and Authorize City Manager to Hire or Promote In-House Three Persons Effective 10/1/94 (city Manager Transmittal dated 8/3/94, Bid Tabulation, Specs On File in City Clerk's Office) Interagency Agreement - Department of Corrections and City of Sebastian - Inmate Labor Force Workers (Engineering Transmittal dated 8/5/94, Agreement) 2 94.132 94.205 94.206 94.207 94.019 94.181 94.208 Bid Award - Police Station Air Quality Modifications - Merritt Island Air & Heat, Inc. - $43,746.00 (Director of Community Development Transmittal dated 8/4/94, Bid Tabulation, Bid Specs) L.I. Tree Service - Specimen Tree Removal Request - Lot 35, Block 493, Unit 15, Sebastian Highlands - One 21" Pine (Director of Community Development Transmittal dated 7/27/94, Application and Survey) Ameron Homes - Specimen Tree Removal Request - Lot 18, Block 460, Unit 17, Sebastian Highlands - One 24" Pine (Director of Community Development Transmittal dated 8/3/94, Application and Survey) Fraternal Order of Police - Request Use of Riverview Park North - Annual Carnival - 10/10/94 through 10/16/94 - Staff Conditions (Director of Community Development Transmittal dated 8/3/94, Scarpa Letter dated 7/6/94) 10. PRESENTATIONS 11. 12. Aa Hartman and Associates, Inc. - Water and Wastewater Master Plan - Final Report (Utilities Director Transmittal dated 8/3/94, Plan Under Separate Cover) COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS Aa RESOLUTION NO. R~94-40 - Blue Cross/Blue Shield Health Insurance (city Manager Transmittal dated 7/21/94, R-94-40, Contract Application) TABLED AT 7/Z7/94 REGULAR MEETING A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PARTICIPATION IN BLUE CROSS/BLUE SHIELD HEALTH INSURANCE BENEFITS; AUTHORIZING THE CITY MANAGER TO SIGN, ON BEHALF OF THE CITY OF SEBASTIAN, THE CONTRACT APPLICATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Brian Barry - Airport Property Lease (City Manager Transmittal dated 8/4/94, Proposed Lease) 94.209 13. NEW BUSINESS A. Park Place - Nelson Hyatt (No Backup) 14. CITY COUNCIL MATTERS A. Mayor Arthur Firtion B. Vice-Mayor Carolyn Corum C. Mrs. Norma Damp D. Mr. Robert Freeland E. Mr. Frank Oberbeck 15. CITY ATTORNEY MATTERS 16. CiTY MANAGER MATTERS 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.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET AUGUST 10, 1994 REGULAR MEETING Use this form ONLY for input on items on the prepared agenda EXCEPT for public hearings which have their own signup sheets. NAME DDRESS : ITEM NO.: Speakers will address City Council immediately prior to the deliberation of the item by the City Council (R-93-19) SUBJECT : ~Tg~~ SUBJECT ADDRESS ITEM NO. SUBJECT NAME : ADDRESS : ITEM NO.: SUBJECT : )7~/NAME : ADDRESS : ITEM NO.: SUBJECT : NAME : ADDRESS : ITEM NO.: SUBJECT : NAME : ADDRESS : ITEM NO.: SUBJECT : NAME : ADDRESS : ITEM NO.: SUBJECT : ITEM 8. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGNUP SHEET AUGUST 10, 1994 REGULAR CITY COUNCIL MEETING (Use this form ONLY for presentation of NEW matters NOT on the preparedNAME: ~ ~ NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: City of Sebastian 1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 10, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) 1. Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Reverend Donald E. Swope, First Presbyterian Church. 4. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran city Attorney, Clifton A. McClelland, Director of Community Development, Bruce Cooper Personnel Director, Wendy Widmann Utilities Director, Richard Votapka Deputy City Clerk, Sally Maio Jr. Regular City Council Meeting August 10, 1994 Page Two 5. 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-93-19). Mr. Freeland noted that "Mayor and City Council Matters" should be amended in accordance with the rotation policy. There were no objections. The City Manager requested that "Utilities" and "Public Works" column headings on page 34 of the agenda packet be changed, that item 13 be deleted from the agenda, and that item F of the consent agenda be pulled for discussion. MOTION by Oberbeck/Corum I would move to remove item F of the consent agenda as requested by the City Manager. Discussion followed as to whether this motion was necessary at this time. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 MOTION by Corum/Oberbeck I move to delete item 13 of the consent agenda. (Item 13 was "New Business" regarding Park Place and not a consent item) ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS The Utilities Director announced that there was a water main break at Park Place and Palm Lake Club and that there is a boil water directive in effect. 2 Regular City Council Meeting August 10, 1994 Page Three 94.178 94.158 7. PUBLIC HEARING, FINAL ACTION None. 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) Sal Neglia, 461 Georgia Boulevard, Sebastian, discussed the hiring of the new City Attorney. 9. 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 - 7/27/94 Regular Meeting, 8/3/94 Budget Workshop RESOLUTION NO. R-94-41 - City Attorney - Clifton McClelland Legal Services Agreement (City Clerk Transmittal dated 8/1/94, R-94-41, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CITY ATTORNEY; AUTHORIZING THE MAYOR, ON BEHALF OF THE CITY COUNCIL, TO ENTER INTO A LEGAL SERVICES AGREEMENT WiTH CLIFTON A. MCCLELLAND, JR., OF POTTER, MCCLELLAND, M3tRKS & HEALY, P.A., FOR THE PURPOSE OF PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Engage Hoyman, Dobson & Co. for 1993/1994 Fiscal Year Audit - Not to Exceed $36,545.00 - Finance Staff to Prepare Schedules (Finance Transmittal dated 8/4/94, Letter of Engagement) Regular City Council Meeting August 10, 1994 Page Four 94.203 D. Bid Award - Contract Mowing - Utility sites - Vero Property Management, Inc. - $14,985.00 - Reject All Bids for Airport and Public Works Mowing and Authorize City Manager to Hire or Promote In-House Three Persons Effective 10/1/94 (City Manager Transmittal dated 8/3/94, Bid Tabulation, Specs 'On File in City Clerk's office) 94.204/ E. 92.275 Interagency Agreement - Department of Corrections and city of Sebastian - Inmate Labor Force Workers (Engineering Transmittal dated 8/5/94, Agreement) 94.132 F. Bid Award - Police Station Air Quality Modifications - Merritt Island Air & Heat, Inc. - $43,746.00 (Director of Community Development Transmittal dated 8/4/94, Bid Tabulation, Bid Specs) 94.205 G. L.I. Tree Service - Specimen Tree Removal Request - Lot 35, Block 493, Unit 15, Sebastian Highlands - One 21" Pine (Director of Community Development Transmittal dated 7/27/94, Application and Survey) 94.206 H. Ameron Homes - Specimen Tree Removal Request - Lot 18, Block 460, Unit 17, Sebastian Highlands - One 24" Pine (Director of Community Development Transmittal dated 8/3/94, Application and Survey) 94.207 I. Fraternal Order of Police - Request Use of Riverview Park North - Annual Carnival - 10/10/94 through 10/16/94 ~ Staff Conditions (Director of Community Development Transmittal dated 8/3/94, Scarpa Letter dated 7/6/94) The City Manager read the consent agenda in its entirety. Mr. Oberbeck removed items B and F. MOTION by Freeland/Damp i make a motion to approve items A, C, D, E, G, H and I. ROLL CALL: Mr. Freeland - aye Mr. oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Regular city Council Meeting August 10, 1994 Page Five RESOLUTION NO. R-94-41 - City Attorney ~ Clifton McClelland Legal Services Aqreement Mr. Oberbeck noted that although the City Attorney comes highly recommended, he still had problems with the reasons for hiring of a new attorney. Walter Barnes, 402 Azine Terrace, and A1 Vilardi, 445 Georgia Boulevard, Sebastian, addressed City Council. city Council discussion followed. The City Clerk read Resolution No. R-94-41, as amended by the City Attorney, by title only (title remained the same). MOTION by Corum/Damp I make a motion Council accepts Resolution R-94- 41 accepting City Attorney Clifton McClelland as the City's legal attorney. The City Attorney cited the changes in the amended resolution to authorize agreement between the law firm and the city, noted that attorneys William Potter, Pat Healy and Tim Williams (P & Z and Code Enforcement) of his firm will provide legal services to the city of Sebastian and noted that he will not charge travel time to and from meetings. Mr. Freeland requested that the firm charge the same rate it charges the Sebastian Inlet Commission. Vice Mayor Corum amended her main motion to state "the firm of Potter, McClelland, Marks & Healy, P.A.". Mrs. Damp seconded the amendment. ROLL CALL: (amendment) Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - nay MOTION CARRIED 4-1 (Oberbeck - nay) 5 Regular City Council Meeting August 10, 1994 Page Six 94.132 ROLL CALL: (main motion) Mr. Oberbeck - nay Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - nay MOTION CARRIED 3-2 (Oberbeck, Freeland - nay) Mayor Firtion noted Mr. McClelland's twenty-five years of experience. Keith Miller, 961 Riviera Avenue, Sebastian, discussed contract mowing. Bid Award - Police Station Air Quality Modifications The city Manager recommended that the performance bond requirement be waived for this particular contract. city Council discussion followed. Mr. Oberbeck suggested that performance bonds be waived for contracts up to $50,000, and instead, the City hold a retainer. Discussion followed on performance bond policy. The City Attorney advised that City Council, if it chooses, should waive both payment and performance bonds, and, in response to Vice Mayor Corum, stated that engineers are only required to provide the level of skill exercised by engineering practices in a particular area. MOTION by Corum/Oberbeck I make a motion for Council to waive the performance bond and waive the payment bond for the police station air quality problem and award to Merritt Island Air & Heat, Inc. for $43,746.00. Mr. oberbeck seconded the main motion subject to amendment to add "subject to review of this firm and some investigation into their backgrounds". 6 Regular City Council Meeting August 10, 1994 Page Seven ROLL CALL: (amendment) Mrs. Damp - aye Mr. Freeland - aye Mr. oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 ROLL CALL: (main motion) Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 10. PRESENTATIONS 94.019 A. Hartman and Associates, Inc. - Water and Wastewater Master Plan - Final Report (Utilities Director Transmittal dated 8/3/94, Plan Under SeRarate Cover) TAPE I - SIDE II (7:48 p.m.) A1 Vilardi, 445 Georgia Boulevard; and Thomas Wojciechowski, both of Sebastian, addressed City Council. The Utilities Director gave a brief presentation and introduced Hal Schmidt and Gary Revoir, Hartman and Associates, Inc., and Mr. Revoir fielded questions on the final Water and Wastewater Master Plan. A lengthy city Council discussion followed. Mayor Firtion called recess at 8:10 p.m. and reconvened the meeting at 8:20 p.m. Ail members were present. Gary Revoir gave a brief presentation on each section of the plan, emphasizing section nine relative to the capital improvements plan. Regular City Council Meeting August 10, 1994 Page Eight The City Manager suggested Mr. Revoir present to the City Clerk, for the record, who or what at St. John's River Water Management District attests to the fact that the available water supply is of adequate quantity and quality and should supply a good, long term supply of water, as cited in section 3-4 and 5-66; and requested an update on the potential impact of salt water intrusion. Mr. Revoir said he can investigate and provide that information. Discussion followed between the Utilities Director and City Council. TAPE Ii - SIDE I (8:43 p.m.) The Utilities Director continued. 11. COMMITTEE REPORTS/RECOMMENDATIONS Mr. oberbeck announced there was no MPO meeting. 12. OLD BUSINESS' 94.181 A. RESOLUTION NO. R-94-40 - Blue Cross/Blue Shield Health Insurance (City Manager Transmittal dated 7/21/94, R-94-40, Contract Application) TABLED AT 7/27/94 REGULAR MEETING A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PARTICIPATION IN BLUE CROSS/BLUE SHIELD HEALTH INSURANCE BENEFITS; AUTHORIZING THE CITY MANAGER TO SIGN, ON BEHALF OF THE CITY OF SEBASTIAN, THE CONTRACT APPLICATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Oberbeck/Damp I would move to remove it from the table, item 94.181 Resolution No. R-94-40. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 8 Regular City Council Meeting August 10, 1994 Page Nine 94.208 The City Attorney read Resolution No. R-94-40 by title only. The Personnel Director presented a letter from Blue Cross/Blue shield (see attached). Ron McCall, Blue Cross/Blue Shield, and Mike Garrett, Sebastian River Medical Center, addressed city Council noting that the two parties are very close to an agreement to make the center a PPO. Mr. Garrett said he was optimistic the contract would be approved and its effective date would be October 1, 1994. MOTION by Corum/Oberbeck I make a motion for Council to accept Resolution No. R-94-40. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Brian Barry ~ Airport Property Lease (City Manager Transmittal dated 8/4/94, Proposed Lease) The City Attorney recommended additional provisions to the lease as presented to City Council prior to this meeting (see attached). He suggested that these provisions be included in all future airport leases. The City Manager concurred with the additions and recommended submission of the amendments to the proposed lessee. MOTION by Oberbeck/Freeland I would move to approve the proposed airport lease between the City of Sebastian and Brian E. Barry pending Planning and Zoning review and subject to addition of the amendments as provided by the city Attorney. The city Manager said a new system of billing for lessees has been established. 9 Regular City Council Meeting August 10, 1994 Page Ten 94.209 13. 14. The City Attorney said more precise descriptions for improvements should be required. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. oberbeck - aye MOTION CARRIED 5-0 The City Manager said the lease will be brought back for final approval. NEW BUSINESS A. Park Place ~ Nelson Hyatt (No Backup) This item had been previously withdrawn. CITY COUNCIL MATTERS A. Mr. Frank Oberbeck Mr. Oberbeck inquired whether Riverview Trailer Park documents have been turned over to the City Attorney. B. Mayor Arthur Firtion Mayor Firtion asked what the wishes of City Council are relative to the Council on Aging Senior Center, suggested that each city Council member walk through individually and City Council concurred; asked permission from City Council to approve the City Clerk's vacation and City Council concurred to allow the Mayor to do so; and suggested retaining the policy that City Council members not talk back to audience members. C. Vice-Ma~or Carolyn Corum vice Mayor Corum explained the erosion problem at Riverview Park; inquired about Laconia improvements; expressed concern for crumbling asphalt on Wave Street; suggested a bikepath on George between Wave and Englar; and said she would like to attend a seminar on September 29 relative to Brazilian Pepper Trees and placed it on the 8/24/94 agenda. 10 Regular city Council Meeting August 10, 1994 Page Eleven 15. 16. D. Mrs. Norma Damp Mrs. Damp reported on an Indian River County Chamber of Commerce luncheon at which vice Mayor Corum spoke and did a wonderful job; expressed concern for the dangers related to all-terrain vehicles; and inquired whether road impact fees for Barber had been received. E. Mr. Robert Freeland Mr. Freeland said he had been informed that Cumberland Farms could provide fuel to City vehicles at a savings; noted that Council members should not get involved in the hiring of personnel for the City; and made reference to a letter to Richard Fey outlining required improvements to Old Dixie Highway for establishment of his mulching facility. CITY ATTORNEY MATTERS None. CITY MANAGER MATTERS The City Manager requested authority to establish policy to reduce the required insurance amount in the standard form of agreement based on individual contract amounts, referring specifically to the city Hall window shutters contract. City Council concurred. The city Manager said all parcels, ERU's and acreage have been identified in the proposed U.S. 1 water service area (South city limit to North City limit and U.S. 1 to the river) and again requested city Council consensus to allow the City Attorney to prepare a recommendation on the most equitable manner of assessment and contractual documents between the City of Sebastian and Indian River County, however, he offered an alternative to allow the County to provide the water. He also suggested the current ordinance be amended to define mandatory hook-up in three different instances, 1) if the resident requests hook-up and capacity is available, 2) if the current septic system fails, or 3) if St. John's River Water 11 Regular City Council Meeting August 10, 1994 Page Twelve Management District imposes rules for elimination of septic tanks in the Riverfront District. He also suggested that if a property owner has potable water and decides to retain his well, he provides the City with an annual water analysis. TAPE II - SIDE II (9:30 p.m.) Discussion continued. The city Attorney discussed City liability in the case of a person becoming ill due to contaminated water. It was the consensus of city Council to authorize the city Manager to proceed. 17. ~n~~r~i~s~e~0M~ Firtion adjourned ~ved at the ~Z~i~~y~ ~ , 1994, city Council ~ Meetlng~~~ Arthur L. Firtion, Mayor Kathry~ M. O'Halloran, CMC/AAE City Clerk 12