HomeMy WebLinkAbout11171993 City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 17, 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.
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 Tom Kempf - Riverside Assembly
Church of God
4. ROLL CALL
5. AOENDA 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).
6. PROCLAMATIONS AND/OR /%/~'NOUNCEMENTS
93.085
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 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-93-62 - Sebastian Lakes
Development Agreement (Director of Community
Development Transmittal dated 11/10/93, R-93-62,
Development Agreement)
2nd Public Hearing and Adoption
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT
AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR RECORDING;
PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED
DEVELOPMENT AGREEMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Advertised 11/3/93 and
11/10/93 Legal Notices, 11/10/93 1st Public Hearing)
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 - 11/8/93 Special Meeting,
11/10/93 Regular Meeting
2
93.347
93.348
93.349
93.089
e
11.
12.
13.
14.
RESOLUTION NO.~. R-93-64 - Updating Unlimited Time
Status Positions in Standard Operating Procedures
(Personnel Director Transmittal dated 11/9/93, R-
93-64)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION II OF PART V OF THE
STANDARD OPERATING PROCEDURES BY ADDING THE TITLES OF
PERSONNEL DIRECTOR, STAFF ACCOUNTANT AND ASSISTANT
GOLF COURSE SUPERINTENDENT; REPEALING RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
Ce
De
First Church of the Nazarene - Specimen Tree
Removal Request - Tract F, Block 490, SH, U 15 -
Three Pines (Director of Community Development
Transmittal dated 11/10/93, Application, Survey)
Sebastian Area civic Association - Waive Rental
Fee - Use of Yacht Club - December 9, 1993 - 8 am
to Noon - Donations to Worthy Causes (City Clerk
Transmittal dated 11/11/93, Application, Phelan
Letter dated 11/10/93)
PRESENTATIONS
MAYOR AND CITY COUNCIL MATTERS
A. Mrs. Carolyn Corum
B. Mrs. Norma Damp
C. Mr. Robert Freeland
D. Mayor Lonnie R. Powell
E. Vice-Mayor Frank Oberbeck
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
Az
Tennis - Raquetball Court Complex (City Clerk
Transmittal dated 11/8/93, Excerpt of 3/3/93
Minutes, Transmittal dated 2/25/93 w/ Backup)
93.263
93.350
93.351
93.263
15. NE~__~W BUSINESS
ORDINANCE NO. O-93-19 - Adding New Chapter to
Code of Ordinances - "Water and Wastewater
Utility Rate Ordinance" (Utilities Director
Transmittal dated 11/12/93, O-93-19)
1st Reading, Set Public Hearing 12/1/93 Special
Meeting
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN BY ADDING A NEW CHAPTER TO BE
ENTITLED "THE WATER AND WASTEWATER UTILITY RATE
ORDINANCE"; PROVIDING A TITLE; MAKING CERTAIN
LEGISLATIVE DETERMINATIONS; PROVIDING DEFINITIONS;
PROVIDING GENERAL TERMS AND CONDITIONS REGARDING
UTILITY SERVICE, ESTABLISHING METER TESTING CHARGES,
CUSTOMER DEPOSIT CHARGES, CONNECTION CHARGES, AND
WATER AND WASTEWATER CAPITAL CHARGES; ESTABLISHMENT
OF THE WATER AND WASTEWATER CAPITAL IMPROVEMENT
FUNDS; RETURNED CHECK CHARGES; PROVIDING
MISCELLANEOUS SERVICE CHARGES; THE ESTABLISHMENT OF
WATER AND WASTEWATER RATE SCHEDULES; TERMS OF
PAYMENT; PROVIDING FOR RESPONSIBILITY FOR COLLECTION,
DISTRIBUTION AND TRANSMISSION COSTS; PROVIDING FOR
ENFORCEMENT AND PENALTIES FOR VIOLATION OF THIS
ORDINANCE; PROVIDING FOR LIBERAL CONSTRUCTION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING AN EFFECTIVE DATE.
Interlocal Agreement - City of Sebastian/Indian
River County - Walmart Water and Wastewater
Service (Utilities Director Transmittal dated
11/12/93, Proposed Agreement, Sketch of Service
Territory Expansion, Legal Description)
Amend Sebastian River Area Little League, Inc.
Lease Agreement (City Engineer Transmittal dated
11/8/93, Diamond Letter dated 10/17/93)
Environmental Audit of Existing General
Development Utilities Treatment Plant Sites in
sebastian (Utilities Director Transmittal dated
11/10/93, Engineering Science Letters dated
10/21/93 and 11/1/93)
16.
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)
93.352 A.
Jeanine Chapp - Indian River County Juvenile
Justice Council - Request to Collect Donations
Along U. S. 1 Corridor (city Clerk Transmittal
dated 11/8/93, Puscher Memo dated 11/9/93, JJC Memo
dated 10/20/93 w/Backup)
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.
5
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGNUP SHEET
NOVEMBER 17, 1993 REGULAR CITY COUNCIL MEETING
(Use this form ONLY for presentation of matters NOF on the
prepared agenda. Introduction of Business from the Public is the
last item on the agenda)
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93.085
PUBLIC HEARING SIGN-UP SHEET
NOVEMBER 17, 1993 REGULAR MEETING
A. RESOLUTION NO. R-93-62 - Sebastian Lakes
Devd0pment Agreement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT
AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR RECORDING;
PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED
DEVELOPMENT AGREEMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Advertised 11/3/93 and
11/10/93 Legal Notices)
Use this form ONLY for public input on the above referenced
public hearing item
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PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
NOVEMBER 17, 1993 REGULAR MEETING
(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~ Mayor.)
IT M~.: 93..0~e~ //" ,--
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City of Sebastian
/'~" / v,e /z, ,$7'- b'~.~'~
~~-~'BOX:~27 : SEBASTIAN, FLORIDA ~
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 17, 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.
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 sigmup
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
Mayor Powell called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend Tom Kempf, Riverside
Assembly Church of God.
4. ROLL CALL
Present:
Mayor Lonnie Powell
vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also
Present:
City Clerk/Acting City Manager,
Kathryn M. O'Halloran
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
Personnel Director, Wendy Widmann
Deputy City Clerk, Sally Maio
Regular City Council
November 17, 1993
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).
Mayor Powell requested to move item 93.352 up on the
agenda to accommodate Jeanine Chapp.
MOTION by Oberbeck/Damp
I would move to make the presentation by Jeanine
Chapp item 6 on the agenda.
VOICE VOTE on the motion carried 5-0.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Jeanine ChaDp - Indian River County Juvenile
Justice Council - Request t__o Collect Donations
Along U. S. i Corridor (city Clerk Transmittal
dated 11/8193~ Puscher Memo dated 11/9/93, jjc Memo
dated 10/20/93 w/Backup)
Jeanine Chapp, Indian River County Juvenile Justice
Council, addressed City Council on the goals of the
IRCJJC, stated that the group will explore other
means of obtaining donations and rescinded her
request to solicit along U.S. 1.
George Schum announced a Sebastian Volunteer Fire
Department Bowling tournament fundraiser at
Ercildoune Lanes on November 20, 1993.
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
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
November 17, 1993
Page Three
93.085 A.
RESOLUTION NO. R-93-62 - Sebastian Lakes
Development Agreement (Director of Community
Development Transmittal dated 11/10/93, R-93-62,
Development Agreement)
2nd Public Hearing and Adoption
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT
AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR RECORDING;
PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED
DEVELOPMENT AGREEMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Advertised 11/3/93 and
11/10/93 Legal Notices, 11/10/93 1st Public Hearing)
Mayor Powell opened the public hearing at 7:11 p.m.
and the city Attorney read Resolution No. R-93-62 by
title only.
The Director of Community Development recommended
that the public hearing be continued due to revision
of the drainage easement legal description and
pending St. John's River Water Management District
(SJRWMD) permit approval.
Barbara Hall, Greenberg - Traurig, representing St.
Paul Corporation, advised that the SJRWMD permit
should be received within thirty days, and the
drainage easement legal description should be
available sometime this week.
The city Attorney said he would meet with Attorneys
Tom Cloud and Barbara Hall after this meeting
regarding the proposed utility agreement, and
recommended that the hearing be continued to December
15, 1993.
J.W. Tommy Thompson, 125 Main Street, Sebastian,
addressed City Council, urging several amendments to
the agreement.
Regular City Council
November 17, 1993
Page Four
93.347
The Director of Community Development responded to
Mr. Thompson's concerns. The City Attorney
reiterated his recommendation to continue the public
hearing.
Ms. Hall said her client would probably be willing to
leave money in escrow until the permit is issued and
could add clearer language regarding road
construction.
In response to Mrs. Corum, the City Engineer
addressed landscaping in the drainage easement.
MOTION by Oberbeck/Freeland
I would move to continue this public hearing on
Resolution No. R-93-62 to December 15, 1993.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
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 - 11/8/93 Special Meeting,
11/10/93 Regular Meeting
RESOLUTION NO__=. R-93-64 - Updating Unlimited Time
Status Positions in Standard Operating Procedures
(Personnel Director Transmittal dated 11/9/93, R-
93-64)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION II OF PART V OF THE
STANDARD OPERATING PROCEDURES BY ADDING THE TITLES OF
PERSONNEL DIRECTOR, STAFF ACCOUNTANT AND ASSISTANT
GOLF COURSE SUPERINTENDENT; REPEALING RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
4
Regular City Council
November 17, 1993
Page Five
93.348 C.
93.349 D.
First Church of the Nazarene - Specimen Tree
Removal Request - Tract F, Block 490, SH, U 15 -
Three Pines (Director of Community Development
Transmittal dated 11/10/93, Application, Survey)
Sebastian Area Civic Association - Waive Rental
Fee - Use of Yacht Club - December 9, 1993 - 8 am
to Noon - Donations to Worthy Causes (City Clerk
Transmittal dated 11/11/93, Application, Phelan
Letter dated 11/10/93)
The City Clerk/Acting City Manager read the consent
agenda in its entirety, including the title for
Resolution No. R-93-64.
Mrs. Corum removed item A.
MOTION by Freeland/Oberbeck
I'd move that we accept items B, C and D of the
consent agenda.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Item A
Mrs. Corum noted that Brian Toland's name is
misspelled in the November 8, 1993 minutes; and noted
that the November 10, 1993 "Corum Matters" minutes do
not reflect what she actually said. The City
Clerk/Acting City Manager said she would review the
tape.
MOTION by Corum/Damp
I move to approve item A of the consent agenda.
VOICE VOTE on the motion carried 5-0.
9. PRESENTATIONS
None.
Regular City Council
November 17, 1993
Page Six
10. M~YOR AND CITy COUNCIL MATTERS
A. Mrs. Carolyn Corum
Mrs. Corum discussed proposed Riverfront District
improvement funding and planning; suggested a city
recreation plan and/or planner to ascertain what the
impacts of future recreation needs will be;
TAPE I - SIDE Ii (7:47 p.m.)
said she attended a Malabar Scrub Sanctuary
celebration; and reported on the IRC Land Acquisition
field trip and her thoughts relative to scrub
acquisition.
B. Mrs. Norma Damp
in response to Mrs. Damp, the City Engineer reported
on future road improvements and public works crew
schedules and the Director of Community Development
responded on the schedule for action on the church on
Bob Circle.
C. Mr. Robert Freeland
Mr. Freeland noted there was no funding for a
planner, and that the Riverfront will be brought to
City Council by Planning and Zoning in the near
future.
D. Ma_D_y_9~ Lonnie R.. Powell
Mayor Powell expressed need for funds for a community
center; spoke on the scrub jay issue, recommended
that staff contact certain people about the situation
in the city and noted that Jim Bacchus' office
contacted the City Clerk/Acting city Manager;
encouraged people to urge that the resource officer
be funded for the middle school; inquired about
maintenance of the U.S. 1 median strips; asked for
City Council concurrence to direct staff to send
letters in regard to the scrub jay issue, to which
the Director of Community Development responded that
he would work with the City Clerk/Acting city Manager
and bring it back to city Council.
Regular City Council
November 17, 1993
Page Seven
11.
E. Vice-Mayor Frank Oberbeck
Mr. Oberbeck reported on a Reader's Digest article
relative to U.S. Fish and Wildlife actions;
discussed implementation of a master drainage plan,
to which the City Engineer responded and suggested he
bring ideas to City Council at the January workshop.
The city Attorney suggested that staff talk to other
cities that have implemented plans. Mr. oberbeck
requested that the twenty-seven questions asked by
Mr. Sturm be addressed by the City Attorney. City
Council concurred with the recommendation of the
City Clerk/Acting City Manager that she and the
Assistant city Attorney would review the questions.
Mayor Powell called recess at 8:25 p.m. and
reconvened the meeting at 8:42 p.m. Ail members were
present. Mrs. Corum was excused from 8:42 p.m. to
8:43 p.m.
CITY ATTORNEY MATTERS
The City Attorney advised city Council that
a petition for writ of certioreri has been submitted
on behalf of Richard Fey relative to the recent
denial for a special use permit for a mulching
facility. He recommended, to eliminate the
applicant's contention that they were denied
procedural due process, another hearing be conducted.
Mr. Oberbeck recommended that the hearing be
conducted at a special meeting.
MOTION by Oberbeck/Damp
I would move that we authorize the City Attorney
to contact the attorney representing Mr. Fey and
propose a re-hearing on this application for his
mulch operation which was to be located off Old Dixie
Highway.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
7
Regular City Council
November 17, 1993
Page Eight
The City Attorney encouraged City Council to review
the petition file and contact his office with any
questions.
12. CITY MANAGER MATTERS
None.
13. COMMITTEE REPORTS/RECOMMENDATIONS
None.
14. OLD BUSINESS
93.089 A.
Tennis_- Racquetball Court Complex (City Clerk
Transmittal dated 11/8/93, Excerpt O~ 3/3]93
Minutes, Transmittal dated 2/25/93 w/ Backu~
Jake Adams, 13225 U.S. 1, Sebastian, requested
two additional tennis courts this fiscal year.
TAPE II - SIDE I (8:50 p.m.)
A1 Johnston, Sebastian, recommended that courts be
centrally located and not disbursed throughout the
community and recommended the Schumann location.
Discussion followed on the possible construction of
two additional courts at the Schumann site and plans
for the Barber Street Sports Complex south.
It was the consensus of City Council to direct staff
to acquire a survey of the Schumann site, look at the
current city budget and contact Indian River County
for funding.
The City Engineer said the South Barber Street Sports
complex should be completed in two or three years.
Regular City Council
November 17, 1993
Page Nine
15. NEW BUSINESS
93.263 A.
ORDINANCE NO. O-93-19 - Adding New Chapter to
Code of Ordinances - "Water and Wastewater
Utility Rate Ordinance" (Utilities Director
Transmittal dated 11/12/93, O-93-19)
1st Reading, Set Public Hearing 12/1/93 Special
Meeting
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN BY ADDING A NEW CHAPTER TO BE
ENTITLED "THE WATER AND WASTEWATER UTILITY RATE
ORDINANCE"; PROVIDING A TITLE; MAKING CERTAIN
LEGISLATIVE DETERMINATIONS; PROVIDING DEFINITIONS;
PROVIDING GENERAL TERMS AND CONDITIONS REGARDING
UTILITY SERVICE, ESTABLISHING METER TESTING CHARGES,
CUSTOMER DEPOSIT CHARGES, CONNECTION CHARGES, AND
WATER AND WASTEWATER CAPITAL CHARGES; ESTABLISHMENT
OF THE WATER AND WASTEWATER CAPITAL IMPROVEMENT
FUNDS; RETURNED CHECK CHARGES; PROVIDING
MISCELLANEOUS SERVICE CHARGES; THE ESTABLISHMENT OF
WATER AND WASTEWATER RATE SCHEDULES; TERMS OF
PAYMENT; PROVIDING FOR RESPONSIBILITY FOR COLLECTION,
DISTRIBUTION AND TRANSMISSION COSTS; PROVIDING FOR
ENFORCEMENT AND PENALTIES FOR VIOLATION OF THIS
ORDINANCE; PROVIDING FOR LIBERAL CONSTRUCTION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING AN EFFECTIVE DATE.
The city Attorney noted that special legal counsel,
Tom Cloud and Hartman and Associates representative,
Robert Ori, were in the audience, read Ordinance No.
O-93-19 by title only and advised that minor errors
were corrected and presented to the City Council
tonight.
Robert Ori, Hartman and Associates, and the Utilities
Director addressed City Council, responding to
cost concerns and questions. Mrs. Corum requested to
see a copy of the rate study prepared by Hartman and
Associates.
Mayor Powell was excused from 9:35 p.m. to 9:37 p.m.
Discussion took place on the Park Place surcharge.
9
Regular City Council
November 17, 1993
Page Ten
TAPE II - SIDE II (9:40 p.m.)
The city Attorney and Finance Director responded to
City Council relative to the surcharge. The Finance
Director recommended that the entire Takeover
Agreement with the county be revisited.
Tom Cloud addressed city Council relative to impact
fees.
MOTION by Corum/Oberbeck
I make a motion for Council to accept the first
reading and set the public hearing for December 1,
1993 on Ordinance No. O-93-19.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
93.350
Interlocal Agreement - City of Sebastian/Indian
River County ~ Walmart Water and Wastewater
Service (Utilities Director Transmittal dated
11/12/93, Proposed Agreement, Sketch of Service
Territory Expansion. Legal Description)
The Utilities Director reported on the staff meeting
with Indian River county representatives relative to
obtaining water service for Walmart. He recommended
that if City Council does not want to proceed with
the proposed agreement, it schedule a joint meeting
with the County Commission.
Tom Cloud addressed city Council on the proposed
agreement and city Council discussion continued.
MOTION by Freeland/Oberbeck
I make a motion that we approve 93.350 interlocal
agreement for the city of Sebastian and Indian River
County to supply water for Walmart and to authorize
the signing of it by the Mayor and City Clerk.
10
Regular city Council
November 17, 1993
Page Eleven
93.351
93.263
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Mr. Oberbeck was excused from 9:58 p.m. to 10:00 p.m.
Ce
Amend Sebastian ~ Area Little Leaguei ~nc.
Lease Agreement (City Engineer Transmittal dated
11/8/93, Diamond Letter dated 10/17/93)
The city Engineer requested, on behalf of the Little
League, to amend its lease and reported on a
compromise reached during a meeting held with
representatives of Barber Street Sports Complex users
and city and county staff.
City Council discussion took place on conditions and
duration of the Little League lease.
MOTION by Freeland/Oberbeck
I move that we direct staff to revise the lease
agreement to include all four fields for the Little
League from February 1 through July 31 and return to
city Council for ratification.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 4-1 (Damp - nay)
Environmental Audit of Existing General
Development Utilities Treatment Plant Sites in
Sebastian (Utilities Director Transmitta% dated
11/10/93z Engineerinq Science Letters dated
10/21/93 an__~d 11/1/93)
The Utilities Director presented a request to engage
Engineering-Science, Inc. to conduct an environmental
audit of existing treatment plant sites in Sebastian.
11
Regular City Council
November 17, 1993
Page Twelve
The city Attorney recommended that certain language
in Attachment A be stricken. City Council concurred.
16.
INTRODUCTION OF ~ BUSINESS BY TH~ PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Herbert Sturm, 549 Saunders Street, Sebastian,
addressed City Council relative to the Code
Enforcement Board.
Theo Van Gelder, 6845 North River Run Drive,
Sebastian reported on the SHARE (Self Help and
Resource Exchange) program and submitted literature
to the City Clerk/Acting city Manager.
17.
Being no further business, Mayor Powell adjourned the
Regular Meeting at 10:22 p.m.
Approved at the
, 1993, City Council
Meeting. ~~.~.~ ·//~~
cK~rYc~er~k O Hallor-an, CMC/AAE
12