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Home My WebLink About03061991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 91.066 AGENDA SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, MARCH 6, 1991 - 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. ANNOUNCEMENTS 6. PUBLIC INPUT A. N_on-Agenda Items B. Agenda Items 7. WORKSHOP ITEMS A. Columbus Club Comprehensive Land Use Plan and Rezoning Applications - Direct City Attorney to Draft Ordinances for First Reading (Staff Recommendation dated 2/21/91, P & Z Memo dated 2/8/91) 91.045 91.067/ 90.133 91.068/ 90.133 91.069 91.070/ 90.199 CR 512 Railway Bridge (Two Brodie Letters dated 2/28/91, Smith Letter dated 11/14/90, Busch Letter dated 2/25/91, Brodie Letter dated 2/20/91, Sebastian Riverfront Vicinity Maps, Sun Article dated 2/1/81, PJ Articles dated 2/18/91 and 2/16/91, Sun Article dated 2/15/91, Calculations, Map) Police Station Site Plan (City Manager Recommendation dated 2/27/91, Site Plan) Police Station Building (City Manager Recommendation dated 2/28/91, ADG Letter dated 2/27/91, Construction Drawings) Police Station/City Hall Sanitary Sewer (City Manager Recommendation dated 2/25/91, Mosby Letter dated 2/22/91, Proposed Layout Under) Drainage Report (City Manager Recommendation dated 2/27/91, City Manager Memo dated 2/24/91, Mosby Reports dated 1/15/91 and 1/17/91, (9/5/90 Agenda Backup, Sections 7-77, 7-78 and 2-93) MAYOR'S MATTERS COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau 10. CITY ATTORNEY MATTERS 91.071 A. 11. 12. Verbal Report on Special Legal Counsel Re: North County Water & Sewer Franchise CITY MANAGER MATTERS 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.) 2 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, MARCH 6, 1991 - 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. Mayor Conyers called the workshop meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor W.E. Conyers Councilman Robert McCollum Vice Mayor Frank Oberbeck Councilman Lonnie Powell Absent: Councilman Lloyd Rondeau (excused) Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper Chief of Police, Earle Petty Deputy City Clerk, Sally Maio Clerk, Linda Lohsl 4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) At the request of the City Manager and to accommodate presenters, motion was made as follows. 1 City Council Workshop March 6, 1991 Page Two MOTION by Oberbeck/Powell I move we move items C, D and E before item B. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. 5. ANNOUNCEMENTS Mayor Conyers announced the Fellsmere Day Parade on Saturday. 6. PUBLIC INPUT A. Non-Agenda Items None. B. Agenda Items Earl Shroyer, 416 Columbus Street, Sebastian, presented an alternative plan for CR 512. Arlene Westphal, Sebastian Area Historical Society, urged Council not to destroy the essential historical core of the city by allowing the twin pairs concept for CR 512. Tom Collins, 2200 Sanderling Lane and owner of Captain Hiram's presented a letter urging Council to analyze costs before it considers undertaking its own utility. Stan Krulikowski, 482 Azine Terrace, Sebastian, endorsed Brodie's plan for CR 512, urged Council to pursue its own utility and stated the police facility should conform with the Riverfront Committee's recommendations. Carmon Strobel, 1605 U.S. 1, Sebastian, addressed remarks by Commissioner Scurlock in regard to the North County Sewer project. John Steinwachs, 7450 132nd Street, Roseland, said cost figures for the sewer project need to be substantiated. 2 City Council Workshop March 6, 1991 Page Three 91.066 91.067/ 90.133 Ruth Sullivan, 1215 Indian River Drive, Sebastian, presented a flier to Council that had been distributed throughout Sebastian and which questioned proposed sewer costs. George Metcalf, 425 Pine Street, Sebastian, spoke in favor of the twin pairs concept for CR 512. 7. WORKSHOP ITEMS Columbus Club Comprehensive Land Use Plan and Rezonin~ Applications - Direct City Attorne~ to Draft Ordinances for F~rst Reading (Staff Recommendation dated 2/21/91, P & Z Memo dated 2/8/91) Rene Van de Voorde, 1327 North Central Avenue, representing the Columbus Club (Knights of Columbus), said this is the other half of a property that had a land use and zone change several years ago. MOTION by Oberbeck/McCollum I move we go ahead and direct the City Attorney to draft the necessary ordinance for the proposed land use and zoning amendment for the Knights of Columbus property on Gibson Street. ROLL CALL: Councilman McCollum Vice Mayor Oberbeck Councilman Powell Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. Police Station Site Plan (City Manager Recommendation dated 2/27/91, Site Plan) Randy Mosby, Mosby and Associates, presented the site plan. The City Manager explained minor changes to the secured parking area and landscaping and said an existing well will be utilized for irrigation. He said if Council concurs staff will take the site plan to Planning and Zoning Commission for approval. 3 City Council Workshop March 6, 1991 Page Four 91.068/ 90.133 MOTION by Oberbeck/Powell I move we proceed with authorizing the City [Manager] to submit our site plan for the Sebastian Police Department facility to Planning and Zoning for approval. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Mayor Conyers Councilman McCollum aye aye aye aye MOTION CARRIED 4-0. Police Station Building (City Manager Recommendation dated 2/28/91, ADG Letter dated 2/27/91, Construction Drawings) The City Manager stated that the City Attorney is nearly finished with his review of specifications for bidding, that Architects' Design Group will prepare the bid documents and that bid procedures will be worked out between ADG and the Finance Department. Keith Reeves, Architects' Design Group, presented the completed construction drawings, explained a few minor changes and requested Council's recommendation on the need for a sprinkler system. It was the consensus of Council that a sprinkler system was unnecessary. The City Manager said drawings and plans will be on display in City Hall. MOTION by Powell/MCCollum I move we go ahead and authorize Architects' Design to release the plans for bidding for our new Police Department. ROLL CALL: Councilman Powell Mayor Conyers Councilman McCollum Vice Mayor Oberbeck aye aye aye aye MOTION CARRIED 4-0. 4 City Council Workshop March 6, 1991 Page Five 91.069 E. 91.045 Police Station/City Hall Sanitary Sewer (City Manager Recommendation dated 2/25/91, Mosby Letter dated 2/22/91, Proposed Layout Under) The City Manager gave a general description of the plan for a master lift station to serve the City Hall complex and ad3acent property owners and stated that no matter what happens with the sewer, the bidding procedure should not be interrupted. Vice Mayor Oberbeck was excused from 8:03 p.m. to 8:05 p.m. Randy Mosby, Mosby and Associates, further outlined the plan. It was the consensus of Council to defer this item until the City Attorney reports on engaging special counsel in regard to the North County sewer franchise. Mayor Conyers called recess at 8:21 p.m. and reconvened the meeting at 8:38 p.m. Ail members present at roll call were present when the meeting reconvened. Be CR 512 Railway Bridge (Two Brodie Letters dated 2/28/91, Smith Letter dated 11/14/90, Busch Letter dated 2/25/91, Brodie Letter dated 2/20/91, Sebastian Riverfront Vicinity Maps, Sun Article dated 2/1/81, PJ Articles dated 2/18/91 and 2/16/91, Sun Article dated 2/15/91, Calculations, Map) Robert Brodie presented his concept for a railway bridge above CR 512 and addressed Council questions. Following a lengthy discussion, it was the consensus of Council that they liked the concept, however, they needed further cost and engineering data to support it. Mr. Brodie said he would be meeting with the Indian River County Transportation Planning Committee on Wednesday, March 13, 1991 to present the plan. Vice Mayor Oberbeck said he would attend the meeting and invited other Council members to attend. City Council Workshop March 6, 1991 Page Six At this time, the City Manager requested that since the majority of the public was probably in attendance to hear the City Attorney's report on special legal counsel, that item was moved up. 10. CITY ATTORNEY MATTERS 91.071 A. Verbal Report on Special Legal Counsel Re: North County Water & Sewer Franchise The City Attorney reported that after contacting several attorneys he was recommending Orlando Attorney Thomas Cloud of Gray, Harris and Robinson, P.A.; listed the governmental agencies the firm has represented in regard to franchise law and informed Council that the fee would be $175 per hour. He recommended that Council allow him to discuss the matter with Mr. Cloud, obtain documentation from the City Clerk's office and have the attorney look at the GDU franchise. The City Manager requested that County Utilities Director, Terry Pinto, be allowed to addressed Council to clarify the County's position. Terry Pinto explained that the County initiated the north county sewer project at the request of Sebastian citizens on a voluntary basis, reached franchise agreements with the City and that the treatment plant is ready to serve customers who signed up for the first phase. He said if the city feels it can build a more cost effective system the County is ready to buy back that capacity which would allow the County to reassign that capacity in unincorporated areas; said that hookup is not mandatory by the County Utilities Department, however, there may be environmental concerns addressed by the Health Department; availability of sewer cannot be shown if the treatment plant does not have capacity; said that the County is willing to relinquish the GDU franchise; explained that the original $1250 assessment was to purchase capacity in the treatment plant and interceptor sewer mains only; that the collector system now had to be built and paid for and that the City has total control to build that system, therefore, since the system design has not been established, rates have not yet been established; said assessment by square footage is the best method; discussed the 20% surcharge that could be imposed during a water restriction mandated by the water management district; said the County was willing to turn over 6 City Council Workshop March 6, 1991 Page Seven the Park Place franchise to the City; and advised Council that its concerns seem to be financial and that it may want to address questions to an engineer. Ruth Sullivan said she appreciated Council considering engaging special counsel because, in her opinion, misrepresentations need to be established. The City Attorney advised that, in light of the County's offer to give back the franchise agreement, the City would be wise to obtain legal counsel. The City Manager reiterated that only the city can impose assessments and, in his opinion, it will need special counsel to pass the next assessment ordinance, however, the City needs to be able to look to the County for leadership to determine what type of colector system to build and to determine the basis of any assessments. It was the consensus of Council to instruct the City Attorney to look into obtaining legal counsel. The City Attorney requested that the City Clerk's office place this item on the next consent agenda and compile documentation on the Indian River County franchise including any subsequent documents involving assignments, any citizens' factual documentation concerning promises or perceived abuses and any documentation the county would like to offer. 11. CITY MANAGER MATTERS 91.070/ 90.199 Drainage Report (City Manager Recommendation dated 2/27/91, City Manager Memo dated 2/24/91, Mosby Reports dated 1/15/91 and 1/17/91, (9/5/90 Agenda Backup, Sections 7-77, 7-78 and 2-93) The City Manager said he would address this item at the next meeting. Other Items The City Manager said he had appointed David Fisher, Horry Johns, Randy Mosby and himself to a special committee to review City Engineer applicants; would provide an interview list by March 15 and probably conduct interviews on March 22; and requested approval for funding for lunches for interviewees. Council concurred. City Council Workshop March 6, 1991 Page Eight 8. MAYOR'S MATTERS None. 9. COUNCIL MATTERS A. Vice Mayor Oberbeck Vice Mayor Oberbeck questioned the Falcon Cable rate increase. The City Manager said regulation of cable rates has been granted to FCC and that he would post the FCC complaint line number on the City Hall bulletin board. Vice Mayor Oberbeck thanked all those he worked with during his two year term and noted accomplishments of City Council. B. Councilman McCollum Councilman McCollum reiterated Vice Mayor Oberbeck's remarks regarding the past two years and said he would meet with the City Manager regarding proposals for methods of financing for water and sewer. C. Councilman Powell (Everyone sang "Happy Birthday" to Councilman Powell) D. Councilman Rondeau Absent. 12. Mayor Conyers adjourned the workshop meeting at 10:30 p.m. Approved at th 2~. Kathry~M. o'Hai'lora~, city Cierk 8