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HomeMy WebLinkAbout05081991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 91,127 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 8, 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. INVOCATION - Reverend Ed Eb¥ - First Church of the Nazarene, Sebastian 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation - National Peace Officers Memorial Day - May 12-18, 1991 7. PRESENTATIONS None 1 91.128/ 90.229 8. PUBLIC HEARING, FINAL ACTION 91.129/ 89.101 91.130/ 89.101 91.131 91.132/ 89.032 91.133 10. ORDINANCE NO. O-91-12 - U.S. 1 Rezoning - CL (Commercial Limited) to CG (Commercial General) - 60 Parcels AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE NORTHEAST AREA OF THE CITY, APPROXIMATELY 60 PARCELS OF LAND MORE OR LESS LOCATED ALONG THE WEST SiDE OF U.S. HIGHWAY #1 AND ON BOTH SIDES OF U.S. HIGHWAY #1 AT THE NORTH CITY LIMIT LINES, FROM CL (COMMERCIAL LIMITED) ZONING DISTRICT TO CG (COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 3/27/91, Advertised PUBLIC iNPUT A. Non-Agenda Items Ron Harsh - Discuss Possible Purchase of Property Adjacent to Riverview Park (CAVCORP Property) (Harsh Letter dated 5/1/91) Charles Stachel - Consider Feasibility of Purchase of SuperAmerica of Florida, Inc. Property Adjacent to Riverview Park (Stachel Letter dated 5/2/91) B. Agenda Items CONSENT AGENDA Approval of Minutes - 4/24/91 Regular Meeting, 5/1/91 Workshop 1991/92 Budget Calendar (Staff Recommendation dated 4/24/91, Calendar) Direct City Attorney to Draft Ordinance and Set Public Hearing 6/12/91 for Stipulated Settlement Agreement and Comprehensive Land Use Plan Amendments (Staff Recommendation dated 5/2/91) Bid Award - Sebastian Municipal Golf Course - 600 Lbs Orthene Insecticide (Staff Recommendation dated 5/2/91, Bid Tabulation Form) 2 91.134 91.135 91.122 11. 91.136/ 89.221 12. 13. 91.016 91.137 91.061 RESOLUTION NO. R-91-16 - Mutual Aid Agreement Between City of Sebastian P.D. and City of Fellsmere P.D. (Staff Recommendation dated 4/23/91, R-91-16, Proposed Mutual Aid Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A MUTUAL AID AND VOLUNTARY COOPERATION AGREEMENT WITH THE CITY OF FELLSMERE, FLORIDA; RATIFYING THE AGREEMENT AS SIGNED BY THE CHIEF OF POLICE FOR THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Pelican Island Art Group - Request to Utilize Riverview Park - Shows 11/16/91, 11/17/91, 2/8/92, and 2/9/92 (Staff Recommendation dated 4/25/91, Thompson Letter dated 4/22/91) Direct City Attorney to Prepare Necessary Documents to Effect Jurisdictional Transfer from Indian River County to City for Portion of Indian River Drive Within City Limits Subject to Conditions (City Manager Recommendation dated 4/23/91) COMMITTEE REPORTS/RECOMMENDATIONS A. Riverfront Study Committee Request Advertised Joint Meeting With City Council and Planning & Zoning Commission - 5/30/91 @ 7:00 p.m. (Staff Recommendation dated 5/2/91, Kinchen Memo dated 4/30/91) OLD BUSINESS NEW BUSINESS Contamination Assessment Report Proposal for Sebastian Central Garage from Empire Engineering (Staff Recommendation dated 5/2/91, Proposal) Computer Consultant Proposal - Dobson, Bjernlng, Duffey and Rosenfield - $25,000 (City Manager Recommendation dated 4/25/91, DBDR Letter dated 4/24/91, FY 90, 89, 88, 87, 86 Audit Pages) Engineering Contract - Louisiana & Schumann Projects - Approve Proposal for Professional Services from Masteller, Moler & Mayfield, Inc. - $30,000 from Gas Tax Fund - $ 9,700 from General Fund (City Manager Recommendation dated 4/22/91, Mayfield Letter dated 4/12/91) 3 91.138 91.139 91.045 14. 15. 16. 17. 18. De Vickers Grove Preliminary Subdivision Plat (Staff Recommendation dated 5/1/91, P & Z Memo dated 12/21/90, Application, Davis Memo 5/1/91, Davis Memo dated 3/27/91, Fischer Letter dated 2/27/91, Maps and Plans) MAYOR'S MATTERS COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman Hol¥~ Request City Council Send Letter to Indian River County Commission - Liaison with County Staff and FEC Staff Re: Current Construction on CR 512 (I Respectfully Request Postpone- ment To Next Meeting If I Am Not Present) (Holyk Memo dated 5/2/91) Request City Council Send Letter to County Commission Rescinding Prior letters Re: "Twin Pairs" and State Current Position of City Council (I Respectfully Request Postpone- ment To Next Meeting If I Am Not Present) (Holyk Memo dated 5/2/91) C. Councilman Powell D. Councilman Reid CITY ATTORNEY MATTERS 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.) 4 NAME: ADDRESS: SUBJECT: MAY 8, 1991 WOR~SlmP MEETING PUBLIC INPUT SIGNUP SHEET AGENDA ITEMS 7o/ NAME: 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: M&Y 8, 1991 WORKSXXOP MEETINO PUBLIC INPUT SIGNUP SHEET d AGENDA ITEMS NAME: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: CF NAME: ADDRESS: SUBJECT: ADDRESS: ' I// ~ 'i: ~.~c"~ ~" ;'% NAME 1 SUBJECT: f'" /? ". f o NAME: ADDRESS: SUBJECT: NAME: ADDRESS SUBJECT NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: PUBLIC HEARING SIGNUP SHEET ORDINANCE NO.: 0-91-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONiNG CERTAIN PROPERTY IN THE NORTHEAST AREA OF THE CITY, APPROXIMATELY 60 PARCELS OF LAND MORE OR LESS LOCATED ALONG THE WEST SIDE OF U.S. HIGHWAY #1 AND ON BOTH SIDES OF U.S. HIGHWAY #1 AT THE NORTH CITY LIMIT LINES, FROM CL (COMMERCIAL LIMITED) ZONING DISTRICT TO CG (COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 8, 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 meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was Given by Reverend Ed Eby, First Church of the Nazarene, Sebastian. 4. ROLL CALL Present: Absent: Mayor W.E. Conyers Vice Mayor Frank 0berbeck Councilman Lonnie Powell Councilman GeorGe Reid Councilman Peter Holyk - excused Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper City EnGineer, Dan Eckis Acting Finance Director, Larry Napier City Clerk, Kathryn O'Halloran Administrative Secretary, Eunice Mercier 1 City Council Regular Meeting May 8, 1991 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Councilman Holyk's matters were deferred until the next meeting at his request to the City Manager by phone this date. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 91.127 Proclamation - National Peace Officers Memorial Day - May 12-18, 1991 The Mayor read the proclamation in full and it was accepted by Police Officer Michelle Gambino on behalf of the Police Department. 7. PRESENTATIONS At this time, City Manager Robb McClary introduced the following new staff to the public: A. City Engineer/Public Works Director Dan Eckis B. City Planner Catherine Hilton (from the audience) PUBLIC HEARING, FINAL ACTION 91.128/ 90.229 ORDINANCE NO. O-91-12 - U.S. 1Rezoning - CL (Commercial Limited) to CG (Commercial General) - 60 Parcels AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE NORTHEAST AREA OF THE CITY, APPROXIMATELY 60 PARCELS OF LAND MORE OR LESS LOCATED ALONG THE WEST SIDE OF U.S. HIGHWAY #1 AND ON BOTH SIDES OF U.S. HIGHWAY #1 AT THE NORTH CITY LIMIT LINES, FROM CL (COMMERCIAL LIMITED) ZONING DISTRICT TO CG (COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 3/27/91, Advertised 4/24/91.) The City Attorney read Ordinance No. 0-91-12 by title only. Mayor Conyers opened the public hearing at 7:08 p.m. Carolyn D. Corum, 881 Dolores St. described and gave a presentation for the preservation of the Atlantic Coastal Ridge. Ms. Corum also presented a packet on 2 City Council Regular Meeting May 8, 1991 Page Three the subject to the Council for their review. Councilman Powell reported that this subject had not been discussed at the County Land Acquisition Committee meeting. Bruce Cooper spoke on the proper procedures to be followed if and when any property on the ridge is developed. Mayor Conyers closed the public hearing at 7:19 p.m. MOTION by Oberbeck/Powell I would move to adopt Ordinance No. 0-91-12. ROLL CALL: Mayor Conyers Vice Mayor Oberbeck Councilman Powell Councilman Reid aye aye aye aye MOTION CARRIED 4-0. 9. PUBLIC iNPUT 91.129 A. Non-Agenda Items Ron Harsh - Discuss Possible Purchase of Property Adjacent to Riverview Park (CAVCORP Property (Harsh letter dated 5/1/91)) Ron Harsh, 931 Barber Street made a presentation relating to the acquisition of the CAVCORP property. A lengthy discussion followed. MOTION by Reid/Oberbeck Move City Council direct the City Manager to enter into a negotiation with the purpose of leasing that property and to bring us the details so that we can say yes or nay on whether we want to accept the lease or not. The City Manager stated that perhaps on approval by the voters for ratification that any lease money be obtained from general funds and any purchase or acquisition money would be eligible from the infrastructure tax that the voters approved through the county option sales tax. He stated that he would attempt to have a report for the next meeting. Vice Mayor Oberbeck noted that his suggestion was "a lease option". 3 City Council Regular Meeting May 8, 1991 Page Four ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. 91.130 Charles Stachel - Consider Feasibility of Purchase of Supe~American of Florida, Inc. Property Adjacent to Riverview Park (Stachel Letter dated 5/2/91) Mr. Stachel, 1698 Coral Reef Street, read from the May 5th editorial of the Veto Beach Press Journal and also a prepared text. Agenda Items Public Input Sign-up Sheet Carolyn D. Corum, 881 Dolores Steer, re: Vickers Grove Preliminary Subdivision Plat. Jeffrey R. Horne, 414 Quarry Lane, re: read a personal letter to City Council. (attached) Robert Brodie, 11155 Roseland Road, re: SuperAmerica Gas Station. Vice Mayor Oberbeck left meeting at 8:05 p.m. and returned at 8:07 p.m. Joseph Generazio, 1058 Barber St., speaking for the Sebastian Highlands Property Owners and personally. Prepared text read. (attached) Earl Shroyer, 416 Colombus, re: C.R. 512 and Twin Pairs. Recess called by Mayor at 8:18 p.m. and reconvened at 8:30 p.m., with all members of the Council present. William Hunsicker, 118 Columbia Ave., re: personal dispute with Mayor. Vice Mayor Oberbeck left meeting 8:35 p.m. and returned 8:37 p.m. Jim Wadsworth, 317 Breakwater Terrace, representing the Sebastian Highlands Property Owners Association. re: Twin Pairs and C. R. 512, SuperAmerica gas station. Peter Jones, 925 Indian River Drive, #4, re: cavcorp property and joint Riverfront Committee with P&Z and City Council. Robert McCollum, 501Durant St., re: Cavcorp property and no swap of cemetery property. Alice Gass, 324 Tangelo St., re: Cemetery 4 City Council Regular Meeting May 8, 1991 Page Five 91.131 91.132/ 89.032 91.133 91.134 91.135 91.122 10. Alan French, 701 So. M St., Lake Worth re: preservation of park land. CONSENT AGENDA Approval of Minutes - 4/24/91 Regular Meeting, 5/1/91 Workshop 1991/92 Budget Calendar (Staff Recommendation dated 4/24/91, Calendar) Direct City Attorney to Draft Ordinance and Set Public Hearing 6/12/91 for Stipulated Settlement Agreement and Comprehensive Land Use Plan Amendments (Staff Recommendation dated 5/2/91) Bid Award - Sebastian Municipal Golf Course - 600 Lbs. Orthene Insecticide (Woodbury Chemical - 85,430) Staff Recommendation dated 5/2/91, Bid Tabulation Form) RESOLUTION NO. R-91-16 - Mutual Aid Agreement Between City of Sebastian P.D. and City of Fellsmere P.D. (Staff Recommendation dated 4/23/91, R-91-16, Proposed Mutual Aid Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A MUTUAL AID AND VOLUNTARY COOPERATION AGREEMENT WITH THE CITY OF FELLSMERE, FLORIDA; RATIFYING THE AGREEMENT AS SIGNED BY THE CHIEF OF POLICE FOR THE CiTY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Pelican Island Art Group - Request to Utilize Riverview Park - Shows 11/23/91, 11/24/91, 2/8/92, and 2/9/92 (Staff Recommendation dated 4/25/91, Thompson Letter dated 4/22/91) Direct City Attorney to Prepare Necessary Documents to Effect Jurisdictional Transfer from Indian River County to City for Portion of Indian River Drive Within City Limits Subject to Conditions (City Manager Recommendation dated 4/23/91) City Council Regular Meeting May 8, 1991 Page Six 91.133 91.135 Mayor Conyer read the consent agenda in its entirety including R-91-16 by title only. Items D and F were removed for discussion at Vice Mayor Oberbeck's request. MOTION/ by Oberbeck/Powell I would vote that we approve A, B, C, E, and G. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. Bid Award - Sebastian Municipal Golf Course - 600 lbs. Orthe~e insecticide (Staff Recommendation-- dated 5/2/91, Bid Tabulation Form) Vice Mayor questioned the bid award and totals for orthene insecticide to be used at the golf course. The Acting Finance Director replied. MOTION by Oberbeck/Powell I would move that we go ahead and put that item back on the agenda, Item D, and I would move to go ahead and award the bid as recommended by staff. ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Vice Mayor Oberbeck aye aye aye aye MOTION CARRIED 4-0. Pelican Island Art Group - Request to Utilize Riverview Park - Shows 11/23/91, 11/--~4/91, 2/8/92, and 2/9/92 (Staff Recommendation dated 4/25/91, Thompson Letter dated 4/22/91) Vice Mayor remarked about a function at the park on Sunday, May 5, 1991 and cars in the park without approval. MOTION by Oberbeck/Powell I would move to put Item F back on the consent agenda and approve it. City Council Regular Meeting May 8, 1991 Page Seven 91.136/ 89.221 91.016 ROLL CALL: Councilman Reid Mayor Conyers Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. 11. COMMITTEE REPORTS/RECOMMENDATIONS A. Riverfront Study Committee Request Advertised Joint Meeting with City Council and Planning & Zoning Commission - 5/30/91 @ ?:00 p.m. (§taff Recommendation-- dated 5/2/91, Kinchen Memo dated 4/30/91) Peter Jones, chairman of the Riverfront Committee and Warren Dill, member, spoke. MOTION by Powell/Oberbeck I make a motion that we go ahead and plan to have this meeting with the Riverfront Study Committee and the P & Z on May 30, 1991, ?:00 p.m. but don't pay to advertise. ROLL CALL: Mayor Conyers Vice Mayor Oberbeck Councilman Powell Councilman Reid aye aye aye aye MOTION CARRIED 4-0. 12. OLD BUSINESS None. 13. NEW BUSINESS Contamination Assessment Report Proposal for Sebastian Central Garage from Empire Engineering (Staff Recommendation dated 5/2/91, Proposal) The City Manager noted that the recommendation tonight will be different than the recommendation printed in the agenda packages. He noted that the City did not have to file the CAR in 60 days. City Council Regular Meeting May 8, 1991 Page Eight 91.137 91.061 McClary's recommendation was to go out for bid to other licensed consultants (contaminated assessment report), he noted the options to dispose of the contaminated material are not readily available at this time. Dan Eckis, City Engineer, addressed the City Council. He noted that possible contamination of the ground water could be a concern, also noted that the waste material may be stored locally, the contamination assessment report may take up to a year to evaluate the ground water table and other opinions should be obtained. It was the consensus of the Council to follow the verbal recommendations of the City Manager and City Engineer. B. Computer Consultant Proposal_- Dobson, BJerning, Duffey and Rosenfield - S25~000 (City Manager Recommendation dated 4/25/91, DBDR Letter dated 4/24/91, FY 90L 89, 88, 87~. 86 Audit Pages) After a presentation by Carol Duffey; Dobson, Bjerning, Duffey and Rosenfield, it was the consensus of the City Council that request for proposals should be solicited. Mayor Conyers left the meeting at 9:25 p.m. and returned at 9:27 p.m. Engineering Contract - Louisiana & Schumann Projects - Approve PrOposal for P~ofessional Services from Masteller, Moler & Mayfield~ Inc. - $30,000 from Gas Tax Fund - $ 9,700 from General Fund (City Manager Recommendation dated 4/22/91, Mayfield Letter dated 4/12/91) Vice Mayor Oberbeck left the meeting 9:34 p.m. and returned at 9:36 p.m. The City Manager replied to the questions of Robert Brody. Discussion followed relating to various fees that were proposed. 8 City Council Regular Meeting May 8, 1991 Page Nine MOTION by Oberbeck/Powell My recommendation is to hold this until such time as I can meet with staff and possibly review some questions with the consultants. The City Manager noted that the City Attorney had not signed off on this contract. Stan Mayfield addressed the Council. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. 91.138 Vickers Grove Preliminary Subdivision Plat (Staff Recommda~ion dated 5/1/91, P & Z memo dated 12/21/90, Application, Davis Memo 5/1/91, Davis Memo dated 3/27/91, Fischer Letter dated 2/27/91, Maps and Plans) Bruce Cooper gave a brief history of this item. MOTION by Oberbeck/Powell Move to direct the City Attorney to draft a resolution to approve the Preliminary Subdivision for Vickers Grove Subdivision subject to the items 1,2, and 3 on the recommended action. (The following was added by the City Clerk's office:) Applicant will be required to coordinate and construct 99th Street improvements as outlined in Jim Davis's letter, prior to submission of a final plat. The applicant will be required to have final approval from the appropriate agencies for the central water and sewer system, prior to a final plat. The applicant will be required to post certain signs to prohibit trucks from using the "Back door entrance". The location and size shall be coordinated with the City Engineer prior to placement. City Council Regular Meeting May 8, 1991 Page Ten ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. 14. MAYOR'S MATTERS The Mayor questioned the location in the same building of the special attorney and engineer that are working on the watsr/sewer franchise. Noted that a letter discussed previously was available to the public. 15. COUNCIL MATTERS A. Vice Mayor Oberbeck Requested date of bid opening for new Police Station, questioned his "pet project" Laconia, he suggested a special meeting to review items on the pending item list. He expressed concern of a letter from the Mayor to the County Commission on city stationery. He noted that there are individual letters from Council Members to the County. He noted that opinions expressed should be a consensus of the City Council and not individual opinions. B. Councilman Powell Noted that on C.R. 512 at C.R. 510 there is a sign directing traffic to A-1-A. Spoke relating to the Cavcorp property and costs. He noted that there are no cost estimates relating to the change on C.R. 512 (change to Twin Pairs). He stated that the C.R. 512 project is stopped east of the school until all the information is gathered. He requested more input from citizens re: these items. C. Councilman Reid He spoke briefly on the letter from the Mayor to the County Commission, his letter to Jim Davis and the lack of participation of the Council relating to this item. He noted that the comprehensive plan requires park land and the cavcorp property could sever this purpose. He noted that a city should not be run by referendum but by the Council. Discussion again followed relating to the Mayor's letter to the County Commission. 10 City Council Regular Meeting May 8, 1991 Page Eleven 16. CITY ATTORNEY MATTERS None 17. CITY MANAGER MATTERS Noted that many items on the pending list can be written off. He reported on items that he will be taking care of in the immediate future and asked for patience from the Council. The bid opening for the Police Station Construction will be May 10, 1991 at 2:00 p.m. in the City Council Chambers. Being no further business to come before the City Council the meeting ADJOURN at 10:lOp.m. 11 COUNCILMEN, I STAND BEFORE YOU A CITIZEN OF THE CITY OF SEBASTIAN WITH A FEELINg OF DEEP REGRET AND CONCERN FOR THE FUTURE OF OUR CiTY IN THE POLITICAL AND BUSINESS ARENAS. I WILL NOT gIVE AN OPINION AS TO THE MANNER IN WHICH THE TRAFFIC FLOW SHOULD BE REALIGNED ON COUNTY ROUTE 512 AS I AM NOT DIRECTLY AFFECTED BY ANY ONE OF THE ALTERNATIVES THAT HAS BEEN SUggESTED. MY ONLY CONCERN WITH COUNTY ROUTE 512 IS THAT IT IS THE ROUTE I USE TO gO FROM MY HOME IN THE SEBASTIAN HIGHLANDS TO MY OFFICE ON U.S. ONE IN SEBASTIAN. IF I WANT TO VISIT ANY OF THE BUSINESSES ON COUNTY ROUTE 512~ I AM SURE I CAN FIND MY WAY TO THEM IRREgARDLESS OF HOW COUNTY ROUTE 512 IS REALIGNED. I HAVE LISTENED TO ALL THE ARGUEMENTS, PRO AND CON, AS TO HOW THE ROAD OUGHT TO BE REALIGNED. I CAN gIVE CREDENCE TO EACH AND EVERY ARGUEMENT THAT IS PUT FORTH. IT IS NOT AN EASY SITUATION TO RESOLVE AND IS CERTAINLY ONE THAT I AM HAPPY I DO NOT HAVE THE RESPONSIBILITY OF HAVING TO MAKE A DECISION ONE WAY OR THE OTHER~ KNOWING THAT MY DECISION COULD ADVERSELY AFFECT SOMEONE VERY SERIOUSLY. HOWEVER, MY FEELINGS OF DEEP REGRET AND CONCERN STEM FROM THE WRITING OF A LETTER BY OUR MAYOR, WILL CONYERS~ TO THE COUNTY COMMISSION. THIS WAS ONE OF ONLY THREE WAYS THAT THE MAYOR COULD ADDRESS THE ISSUE WITH THE COUNTY COMMISSION. AND NOT BE IN VIOLATION OF THE FLORIDA SUNSHINE LAW. THE MAYOR COULD HAVE PLACED HIMSELF ON THE AGENDA OF THE COUNTY COMMISSION AND STATED HIS OPINION PUBLICLY AT A COUNTY COMMISSION MEETING, OR HE COULD STATE HIS OPINION PUBLICLY AT A MEETING OF THE SEBASTIAN CITY COUNCIL. NOW THE MAYOR HAD ALREADY TAKEN THE ONE AVENUE OPEN TO HIM BY STATING HIS FEELINGS AT A HEARING HELD IN' THE CITY COUNCIL CHAMBERS. HE HAD STATED HIS VIEWS CLEARLY AND PUBLICLY, AND THAT SHOULD HAVE BEEN ENOUGH. THE MAYOR CHOSE NOT TO PLACE HIMSELF ON THE AGENDA OF A COUNTY COM2~ISSION MEETING FOR ONE REASON OR ANOTHER THAT WILL NEVER BE KNOWN TO US. HOWEVER, HE DID CHOOSE THE THIRD ALTERNATIVE. PERHAPS SENSING THAT HIS DESIRES WERE NOT TO BE FOLLOWED, MAYOR CONYERS CHOSE TO FURTHER HIS CASE BY ADDRESSING THE ISSUE TO THE COUNTY COMMISSION ON THE LETTERHEAD OF THE CITY OF SEBASTIAN AND POSTING IT FOR THE PUBLIC TO SEE AT CITY HALL - THE ONLY WAY HE COULD AVOID SUNSHINE LAW VIOLATION AND STILL TRY TO FURTHER HIS CAUSE. TO YOU~ MR. MAYOR, I SAY THAT YOUR ATTEMPT TO CONTACT THE COUNTY COMMISSION AND SUBMARINE THE VERY REAL CONCERNS OF CITIZENS OF THE CITY OF SEBASTIAN, WHETHER THEY BE LARGE OR SMALL IN NUMBERS WAS AT THE BEST SUBVERSIVE IN NATURE AND AT THE WORST POLITICAL SUICIDE. YOUR LETTER DID NOTHING BUT TO EMPHASIZE AN AIR OF IMMATURITY WITHIN THE CITIZENRY AND GOVERNMENT OF THE CITY, AN AIR OF IMMATURITY THAT DOES NOT EXIST. OUR LITTLE CITY IS STRUGGLING TO GROW IN A POSITIVE AND CONTROLLED MANNER. AS WE REACH EACH HURDLE AND SOLVE ITS INTRICATE PROBLEMS, WE gROW MORE FROM INFANCY TO ADULTHOOD. FOR YOU TO STATE THAT THE CONCERNS OF A FEW WERE FRIVOLOUS. CONDESCENDING, AND SELF-PROFIT MOTIVATED, WAS VERY WRONG. NOBODY'S CONCERNS ARE UNIMPORTANT NOR DESERVE TO BE IGNORED~ EVERYBODY'S CONCERNS ARE CRITICAL AND NEED TO BE TREATED WITH CARE~HONOR AND FAIRNESS. TO FURTHER YOUR CAUSE YOU TRIED TO GIVE GREATER CREDENCE TO YOUR OPINION BY PRESENTING IT ON LETTERHEAD OF THE CITY OF SEBASTIAN. UNDER THE AUSPICES OF THE OFFICE OF MAYOR. THIS CERTAINLY BECAUSE IT WAS THE ONLY WAY YOU COULD DO IT AND NOT VIOLATE THE SUNSHINE LAW. NOW. I WILL NOT DENY THAT YOU HAVE A RIGHT TO YOUR OPINION AS A PRIVATE CITIZEN, HOWEVER YOU ARE NOW IN THE POSITION WHERE YOLJR OPINION AS A PRIVATE CITIZEN MUST TAKE SECOND PLACE TO HOW YOU MUST ACT AS A GOVERNMENT OFFICIAL. I ASK THAT YOU PUBLICLY APOLOGIZE TO THOSE WHO YOU HAVE BELITTLED AND OFFENDED BY YOUR ACTIONS AND THAT YOU REFRAIN FROM TAKING SUCH ACTIONS IN THE FUTURE NO MATTER HOW STRONG YOUR PERSONAL FEELINGS ARE. ACTIONS SUCH AS YOURS HAVE IN THE PAST BEEN THE MAIN CAUSE OF THE HUGE DIFFICULTIES WE HAVE IN TRYING TO DEAL WITH PROBLEMS WITHIN OUR COMMUNITY AND WITH OUR DEALINGS WITH THE COUNTY. SUBVERSIVE, COVERT, AND UNPROFESSIONAl, ACTIONS MUST NOT BE ALLOWED. CITY COUNCIL CITY OF SEBASTIAN, FLORIDA DEAR COUNCIL MEMBERS, MAY 6,. 199] SEBASTIAN HIGHLANDS PROPERTY OWNERS, IT IS OUR INTENTION TO PRESENT TO YOU THE VIEWS AND OPINIONS OF THE SEBASTAIN HIGHLANDS PROPERTY OWNERS ASSOCIATION IN REFERENCE TO THE TWIN PAIRS PROJECT, FROM THE SCHOOL EAST TO U.S. 1. THE TWIN PAIRS WILL NOT MEET THE DEMANDS OF THE PROBLEM THAT IT WAS INTENDED TO SOLVE. THIS PROJECT HAS BEEN KICKING AROUND FOR YEARS NOW, BECAUSE IT REALLY NEVER MADE SENSE FROM THE START. BESIDE NOT HELPING THE CITY OF SEBASTAIN, THE TWIN PAIRS WILL ACTUALLY HURT SOME BUSINESSES IN SEBASTAIN. WE CAN NOT ADVOCATE PROCRASTINATION'TN'~C'IT?~-'"HKLL"-OR'-'~THE'"CO~NTYr'-~BEAT. THE PROPERTY OWNERS KNOW ALL TOO WELL THAT HIND SIGHT IS 20-20. WE WISH TO REMIND YOU THAT AS ELECTED OFFICIALS IT IS YOUR .OBLIGATION TO REPRESENT OUR VIEWS. WE ASK YOU TO PLEASE MAKE EVERY EFFORT TO STOP THE TWIN PAIRS PROJECT~ AND TAKE IT OFF THE TABLE · i~R ONCE AND FOR ALL. CONSIDER THE OTHER ALTERNATIVES THAT WOULD ASSURE THE STEADY FLOW OF TRAFFIC. DO NOT SETTLE FOR A TEMPORARY SOLUTION TO THIS LONG TERM PROBLEM. WE REQUEST THAT THE SUGGESTION MADE BY COUNCILMAN REID BE PUT INTO EFFECT NOW. THAT SIGNS BE PLACED TO DIVERT SOME OF THE TRAFFIC ON C.R. 512. NORTH BOUND TO USE ROSELAND RD. AND SOUTH BOUND TO USE C.R. 510. THIS WOULD LIGHTEN THE BURDEN OF TRAFFIC ON C.R. 512 FROM 1-95 EAST TO U.S.1. W~--A~S.K~¥O~--TO~PU~.~,~A-Sq~DP~T~-.~q~F~E~N~¥*S PROCR~~G. WE ASK YOU TO PLEASE REPRESENT US THE VOTERS. RESPECTFULLY ~, ,~2 JOSEPH C. GENERAZIO VICE PRESEDENT SEBASTAIN HIGHLANDS PROPERTY OWNERS ASSOCIATION