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Home My WebLink About05221991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 91.139 91.140 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 22, 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 Donald Swope - Sebastian Presbyterian Church, Sebastian 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation - Teacher Appreciation Week - May 12-18, 1991 (Gwenda Lee Loy - Pelican Island Elementary Teacher of the Year Accepting) B. Proclamation - National Safe Boating Week - June 2-8, 1991 91.141 91.065 91.142 7. PRESENTATIONS 10. Nancy Bryant - Council of 100 - Request Approval of Resolution No. R-91-19 Endorsing Efforts of IRC to Host Filming of Motion Pictures RESOLUTION NO. R-91-19 (City Manager Recommendation dated 5/15/91, R-91-19, Redus Letter dated 4/3/91, Film Commission Report dated 4/26/91) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENDORSING THE EFFORTS OF INDIAN RIVER COUNTY TO HOST THE FILMING OF MOTION PICTURES WITHIN iNDiAN RIVER COUNTY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARING, FINAL ACTION - None PUBLIC INPUT A. Non-Agenda Items - None B. Agenda Items CONSENT AGENDA A. Approval of Minutes - 5/8/91 Regular Meeting RESOLUTION NO. R-91-17 - Cemetery Lot Rates (Staff Recommendation dated 5/16/91, R-91-17) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO CEMETERY LOT RATES; ESTABLISHING NEW RATES FOR THE SALE OF CEMETERY LOTS IN THE MUNICIPAL CEMETERY; ESTABLISHING RATES FOR CREMATION BURIALS AND CORNER MARKERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/1/91 Workshop) (Lift Moratorium on Cemetery Lot Sales - Effective Upon Adoption of Resolution No. R-91-17) Riverside Assembly of God - Request to Utilize Riverview Park - 8/17/91 - Summer Youth Rally (Staff Recommendation dated 5/16/91, Crosby Letter dated 5/3/91) 2 91.062 91.146 14. 15. Riverview Park Improvement Project - Swim Grant Funds (Staff Recommendation dated 5/15/91, SWIM Demonstration Project Proposal, FIT (Sebastian River Watershed Action Committee Letter dated 5/7/91) Ameron Homes, Inc. - Request to Remove Specimen Tree (Staff Recommendation dated 5/16/91, Application, Pg. 948 LDC, Survey) MAYOR'S MATTERS COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman Holyk 91.139 1. 91.045 2. 16. 17. Request City Council Send Letter to Indian River County Commission - Liaison with County Staff and FEC Staff Re: Current Construction on CR 512 (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 (Holyk Memo dated 5/2/91) C. Councilman Powell D. Councilman Reid CITY ATTORNEY MATTERS CITY MANAGER MATTERS 91.129 A. 91.081 B. Report on Lease of CAVCORP Property (City Manager Letter dated 5/10/91) Terminate BSSC Irrigation Contract (City Manager Recommendation dated 5/16/91, Bid Tabulation Form) 18. 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 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 22, 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. The Pledge of Allegiance was recited. Invocation was not given since Reverend Donald Swope, Sebastian Presbyterian Church, Sebastian, arrived late. 4. ROLL CALL Present: Mayor W.E. Conyers Councilman Peter Holyk Vice Mayor Frank Oberbeck Councilman Lonnie Powell Councilman George Reid Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer, Dan Eckis Chief of Police, Earle Petty Golf Course Manager, Jim DeLarme City Planner, Catherine Hilton Deputy City Clerk, Sally Male Administrative Secretary, Eunice Mercier 1 Regular City Council Meeting May 22, 1991 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) At the request of the City Manager to add to the agenda a request from the Substance Abuse Council of Indian River County to endorse funding for the next year which is part of a grant package to be submitted June 14, 1991, motion was made as follows. MOTION by Oberbeck/Holyk I move we add the Substance Abuse request under the City Manager's matters. VOICE VOTE on the motion carried 5-0. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 91.140 Proclamation - National Safe Boating Week - June 2-8, 1991 Mayor Conyers read the proclamation and presented it to Mrs. Blum and other representatives of Coast Guard Auxiliary Flotilla 56. 91.147 Proclamation - Teacher Appreciation Week - May 12-18, 1991 (Gwenda Lee Lo¥ - Pelican Island Elementary Teacher of the Year Accepting) Mayor Conyers read the proclamation and presented it to Gwenda Lee Loy. 7. PRESENTATIONS 91.141 Nancy Bryant_- Council of 100 - Request Approval of Resolution No. R-91-19 Endorsing Efforts of IRC to Host Filmin~ of Motion Pictures Nancy Bryant, Council of 100, urged Council to endorse efforts to promote motion picture filming in Indian River County. RESOLUTION NO. R-91-19 (City Manager Recommendation dated 5/15/91, R-91-19, Redus Letter dated 4/3/91, Film Commission Report dated 4/26/91) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENDORSING THE EFFORTS OF INDIAN RIVER COUNTY TO HOST THE FILMING OF MOTION PICTURES WITHIN INDIAN RIVER COUNTY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 2 Regular City Council Meeting May 22, 1991 Page Five 91.137 9. PUBLIC INPUT A. Non-Agenda Items None. B. Agenda Items Charles Stachel, 1698 Coral Reef Street, Sebastian, reserved time during agenda item 91.146 and introduced Gary Doyle, Florida Horticulture Consultants. Gary Doyle addressed Council on tree protection. (Vice Mayor Oberbeck was excused from 7:23 p.m. to 7:25 p.m.) Ruth Sullivan, 1215 Indian River Drive, Sebastian addressed Council on water and sewer, proposed hotel on Indian River Drive, proposed purchase of CAVCORP property, proposed retention area for Riverview Park and the closing of the Bay Street railroad crossing. Ron Harsh, 931 Barber Street, Sebastian, addressed Council on the proposed retention area in Riverview Park. A1Vilardi, 445 Georgia Boulevard, Sebastian, addressed Council on the proposed police facility, proposed lease purchase of the CAVCORP property and twin pairs. Carolyn Corum, Dolores Street, Sebastian, addressed Council on building on the Atlantic Ridge, twin pairs and the SuperAmerica property proposed gas station. 11. COMMITTEE REPORTS/RECOMMENDATIONS None. 12. OLD BUSINESS Computer Consultant Proposal (Cit~ Manager Recommendation dated 5/16/91, DBDR Letter dated 5/16/91) Discussion took place on concerns expressed at the previous Council meetin9. The City Attorney stated that Florida Statutes do not require competitive Regular City Council Meeting May 22, 1991 Page Six 91.061 bidding for this type of work, however, the majority of Council expressed reluctance to review only one proposal. MOTION by Powell/Oberbeck I move we instruct the City Manager to go out for other proposals on the computer consultants. In response to request for a timetable, the City Manager requested that Council not give him an unrealistic schedule. ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck aye nay aye nay aye MOTION CARRIED 3-2 (Reid, Holyk - nay). Award Contract for Engineering Services for Louisiana ~ Schumann Projects - Masteller, Moler & Mayfield, Inc. (Staff Recommendation dated 5/16/91, AFD Memo dated 5/16/91, MM&M Proposal) The City Manager's noted revisions made this date to the Masteller, Moler & Mayfield, Inc. proDosal. Stan Mayfield predicted a timeframe of 30-60 days for Schumann Drive and 90 - 120 days for Louisiana Avenue. MOTION by Oberbeck/Reid I move that we approve the contract to Masteller, Moler and Mayfield, Inc. for the Louisiana Avenue and Schumann Drive projects subject to the corrections and changes to the contract and approval of our attorney. ROLL CALL: Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell aye aye aye aye aye MOTION CARRIED 5-0. Mayor Conyers called recess at 8:17 p.m. and reconvened the meeting at 8:28 p.m. Ail members were present. 6 Regular City Council Meeting May 22, 1991 Page Seven 13. NEW BUSINESS 91.124 A. 91.144 ORDINANCE NO. O-91-16 - Bid Bonds (Staff Recommendation dated 5/16/91, 0-91-16) 1ST READING, SET PUBLIC HEARING 6/12/91 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO BID, PAYMENT AND PERFORMANCE BONDS; REQUIRING BID BONDS FOR BiDS IN EXCESS OF $100,000; PROVIDING FOR WAIVER OF CERTAIN BID BONDS FOR GOOD CAUSE; REQUIRING PAYMENT AND PERFORMANCE BONDS FOR CONTRACTS IN EXCESS OF $100,000; PROVIDING FOR WAIVER OF CERTAIN PAYMENT AND PERFORMANCE BONDS FOR GOOD CAUSE; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OR THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/1/91 Workshop) The City Attorney read Ordinance No. 0-91-16 by title only. MOTION by Oberbeck/Holyk I move we accept the first reading of Ordinance No. 0-91-16 and set the public hearing for June 12, 1991. ROLL CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid MOTION CARRIED 5-0. aye aye aye aye aye Police Station Bids (City Manager Recommendation dated 5/15/91, Bid Tabulation Form, ADG Letter dated 5/10/91, ADG Letter dated 5/14/91) Ed Gilcher, 661 Wimbrow Drive, Sebastian, urged Council not to delay on construction of the police facility. Following a lengthy discussion of options available to Council in the aftermath of the low bid coming in well over the budgeted amount, a review of the list of stricken items drafted as a result of a meeting of the architects and staff members subsequent to the Regular City Council Meeting May 22, 1991 Page Eight 91.145 bid opening, recommendation by the City Manager that the northwest corner roof be retained and current square footage not be reduced and suggestion that a special meeting be called following renegotiation with the two low bidders if needed, motion was made. Bill Hegert, Architects' Design Group, recommended that negotiations be held only with the low bidder and if no agreement is reached, negotiations could then be held with the second low bidder. MOTION by Oberbeck/Powell I move we authorize the architect and the City Manager to begin negotiations with the apparent low bidder to reduce the overall cost of the building and when the information is available this City Council will call a special meeting to award the contract. ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye aye aye aye aye MOTION CARRIED 5-0. Barber Street Sports Complex Property - Ratify Contract for Purchase of Lot 3, Block 208, Unit 10, Sebastian Highlands (Florida Lifestyle Letter dated 5/3/91, Contract, Land Value Analysis dated 1/29/91) MOTION by Oberbeck/Powell I move we approve and ratify the contract for Lot 3, Block 208, Unit 10, Sebastian Highlands and direct you (the Mayor) and the City Clerk to sign the documents. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye aye MOTION CARRIED 5-0. Regular City Council Meeting May 22, 1991 Page Nine 91.062 D. 91.146 Riverview Park Improvement Project - Swim Grant Funds (Staff Recommendation dated 5/15/91, SWIM Demonstration Project Proposal, FIT (Sebastian River Watershed Action Committee Letter dated 5/7/9~) The City Planner presented the SWIM Grant proposal for the Riverview Park Improvement Project to City Council, provided photos of the subject property, addressed citizen concerns by stating that the retention area will be usable space although not for parking, and urged approval of the recommended $21,000 in matching funds. Randy Mosby, Mosby and Associates, presented the engineering plan to City Council and explained the function of the retention area. It was noted that there were available capital projects funds for this project. MOTION by Oberbeck/Holyk I move we approve it and direct staff to begin the bid process. ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck aye aye aye aye aye MOTION CARRIED 5-0. Ameron Homes, Inc. - Request to Remove Specimen Tree (Staff Recommendation dated 5/16/91, Application, Pg. 948 LDC, Survey) Charles Stachel, 1698 Coral Reef Street, Sebastian, and Shirley Kilkelly, 950 Franciscan Avenue, Sebastian, addressed Council on this matter. The Director of Community Development said he intended to look at revising the ordinance governing specimen trees and would bring it to Planning and Zoning in the next two to three weeks, however, it was decided not to hold up Ameron Homes but change the ordinance for the future. Vice Mayor Oberbeck recommended that Mr. Cooper obtain a copy of Brevard County's ordinance. Regular City Council Meeting May 22, 1991 PaGe Ten 14. 15. MOTION by Reid/Oberbeck i move we approve the request to remove the specimen tree. ROLL CALL: Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell aye aye aye aye aye MOTION CARRIED 5-0. Council concurred with the recommendation of Vice Mayor Oberbeck that in the interim there will be no specimen tree removal unless inspected by the Department of Community Development. The Director of Community Development said he will submit notices to all contractors. MAYOR'S MATTERS (Vice Mayor Oberbeck was excused from 9:44 p.m. to 9:46 p.m.) Mayor Conyers announced his attendance at the Boy Scout jamboree in Vero Beach; questioned status of locked restrooms over the weekend and read a prepared statement regardinG his stand on the twin pairs issue. COUNCIL MATTERS A. Vice Mayor Oberbeck Vice Mayor Oberbeck expressed resentment for the county's statements that it is awaitinG a decision from the city on water and sewer; commended the Riverfront Committee on its report; commended the City ManaGer for the proposed contract on Laconia Street; commended Jim DeLarme for the LonGest Day in Golf tournament; stated he had received a proposal from Environmental Reclamation for fuel cleanup and would turn it over to staff; questioned why ad valorem receipts were off $250,000 on the recent monthly report and said he had responded to a letter to the editor sayinG he was openinG a flight school. 10 Regular City Council Meeting May 22, 1991 Page Eleven B. Councilman ~ 91.139 1. Request City Council Send Letter to Indian River County Commission - Liaison with County Staff and FEC Staff Re: Current Construction on CR 512 (Holyk Memo dated 5/2/91) Councilman Holyk requested appointment of a liaison to meet with county and FEC staff in regard to CR 512 construction and volunteered for the position. Council concurred and directed that a letter be sent to the Board of County Commissioners. 91.045 Request City Council Send Letter to County Commission Rescinding Prior letters Re: "Twin Pairs" and State Current Position of City Council (Holyk Memo dated 5/2/91) Councilman Holyk said he had spent a great deal of time studying materials obtained from staff regarding the twin pairs and had met with Jim Davis who had provided him with a chronology of events leading to its inception which showed although public meetings were held there were no public hearings. Discussion followed on a traffic study that was budgeted in fiscal years 1989 and 1990 and deferred for other projects. Councilman Holyk said the Keith and Schnars study was inconclusive and that the city should conduct a traffic study. Discussion followed on the merits of the twin pairs versus alternatives, however, no action was taken. Other Matters Councilman Holyk recommended that the pending Council item list be cleared up. The City Manager recommended that staff review the list and submit a report to City Council. Councilman Holyk urged Council to conduct themselves professionally. He noted that although the county states the city is dragging its feet on the water and sewer issue, it knows what the city is doing. C. Councilman Powell Councilman Powell said 86.8% of advalorem tax revenues were in; questioned the status of the city base map and certain budget items; and urged Council not to gouge taxpayers for purchase of land. 11 Regular City Council Meeting May 22, 1991 Page Twelve D. Councilman Reid Councilman Reid stated, in regard to CAVCORP, it is not always necessary for the city to spend cash on hand for property. 16. CITY ATTORNEY MATTERS None. 17. CITY MANAGER MATTERS 91.081 Terminate BSSC Irrigation Contract (City Manager Recommendation dated 5/16/91, Bid Tabulation Form) The City Manager recommended termination of the contract with Jordan Irrigation, since it cannot meet licensing requirements, and suggested that qualified staff members install the system. MOTION by Oberbeck/Reid I move we terminate the contract with Jordan Sprinkler Systems. ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye aye aye aye aye MOTION CARRIED 5-0. Substance Abuse Council Funding The City Manager said the Substance Abuse Council was requesting endorsement of distribution of grant funds in the amount of $190,414 from the State of Florida. MOTION by Oberbeck/Holyk I move we approve the request from the Substance Abuse Council for Indian River County. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye aye MOTION CARRIED 5-0. 12 Regular City Council Meeting May 22, 1991 Page Thirteen 91.129 A. Report on Lease of CAVCORP Property (City Manager Letter dated 5/10/91) The City Manager reported on his on-going negotiation for the lease purchase of a portion of the CAVCORP property and said he would receive a report of CAVCORP's meeting in the next day or two. 18. Mayor Conyers announced that it was 10:30 p.m. and requested a roll call to determine continuance of the meeting. Councilman Powell voted in the negative, therefore, the roll call was not continued and Mayor Conyers adjourned the meeting. Approved at th~, /c~~ Kathr~. M..O.'Halloran, City Clerk W.E. Conye~ Mayor 13