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HomeMy WebLinkAbout07071993 City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r: FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNKSDAY, JULY 7, 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. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL AOEND~ MODIFICATIONS (~DDITIONS AND/OR DELETIONS} Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-95-19). 5. ANNOUNCEMENTS 6. 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. 93.205 Bid Award - Barber Street Sports Complex Site Preparation - Henry Fischer & Sons - $112,500.00 (City Engineer Transmittal dated 6/28/93, Bid Tabulation) 93.206 93.207 93.208 93.209 93.054 93.064 93.210 9. 10. Bid Award - Barber Street Sports Complex - Fencing - Patriot Fence Company - $9,366.00 (city Engineer Transmittal dated 6/28/93, Bid Tabulation) Bid Award - Barber Street Sports Complex - Electrical - Neuberberger Electric - $6,847.00 (City Engineer Transmittal dated 6/25/93, Bid Tabulation) Bid Award - Barber Street Sports Complex - Irrigation - United Irrigation - $16,650.00 (City Engineer Transmittal dated 6/28/93, Bid Tabulation) 7. MAYOR AND CITY COUNCIL MATTERS A. Mayor Lonni~ R. Powell B. Vice-Mayor Frank Oberbeck C. Mrs. Carolyn Corum Cable TV Franchise (Code of Ordinances - Article IV - Franchises) Police Station - Request Calendar of Events - History (No Backup) D. Mrs. Norma Damp E. Mr. Robert Fre~land CITY ATTORNEY MATTERS CITY I~tN~GER MATTERS WORKSHOP ITEMS Review Revised Ordinance No. 0-93-06 - Tree Protection - (3rd Draft) - Per City Council Direction at 5/5/93 Workshop (Director of Community Development Transmittal dated 7/1/93, [5/5/93 Council Minutes Submitted by City Clerk], Revised 0-93-06) Public Works Department/City Engineer - State of the Department (city Engineer Transmittal dated 7/1/93, Report dated 7/1/93) 2 93.211 C. 93.212 D. 93.119 E. 93.213 F. 93.214 G. Sebastian River Water Control District (City Engineer Transmittal dated 6/3/93, Carter Report dated 6/2/93) coakley - Rear Ditch Culvert Pipe Request (city Engineer Transmittal dated 6/14/93, Coakley Letter, Drawing) Fey Request for Wave Attenuator Extension - Yacht Club Pier - Review Riomar Report (City Engineer Transmittal dated 6/3/93, Riomar Letter dated 6/3/93) Utilities Department - Additional Staff - Proposed Job Description (Utilities Director Transmittal dated 6/5/93, Memo dated 6/3/93, Job Description) Water System Connection Agreement Between City of Sebastian and Captain Hiram's (Utilities Director Transmittal dated 6/29/93, City Attorney Letter dated 6/24/93, Proposed Agreement) 11. 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.) PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET jULY 7, 1993 CITY COUNCIL WORKSHOP (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 the Mayor.) NAME : ~o.: 9_~. NAME : ADDRESS : ITEM NO.: SUBJECT : " "' NAME : ADDRESS : ITEM NO.: 93. SUBJECT : NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. 2 · NAME '. ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. 3 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNF~DAY, JULY 7, 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. 1. Mayor Powell called the workshop to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL C/~LL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: city Manager, Robert McClary Assistant City Attorney, Richard Torpy Director of Community Development, Bruce Cooper city Engineer/PW Director, Dan Eckis Utilities Director, Richard Votapka city clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio city Council Workshop July 7, 1993 Page Two 93.205 93.206 93.207 93.208 ~GEI~DA MODIFXCATION~ (ADDITZON~ 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 requested to place an item relative to the City Manager's contract under his matters. Mrs. Corum said she would not be ready to vote at a workshop without backup. The item was not placed on the agenda. 5. ANNOUNCEMENTS None. 6. CONSENT A~ENDA 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. Bid Award - Barber Street Sports Complex Site Preparation - Henry Fischer & Sons - $112,500.00 (City Engineer Transmittal dated 6/28/93, Bid Tabulation) Be Bid Award - Barber Street Sports Complex - Fencing - Patriot Fence Company - $9,366.00 (City Engineer Transmittal dated 6/28/93, Bid Tabulation) Bid Award - Barber Street Sports Complex - Electrical - Neuberger Electric - $6,847.00 (City Engineer Transmittal dated 6/25/93, Bid Tabulation) De Bid Award - Barber Street Sports Complex - Irrigation - United Irrigation - $16,650.00 (city Engineer Transmittal dated 6/28/93, Bid Tabulation) The City Manager read the consent agenda in its entirety. 2 City Council Workshop July 7, 1993 Page Three Mrs. Corum removed items A and B; Mayor Powell and Mr. Oberbeck removed item B; and Mr. Freeland removed all items. Item A - Bid Award - BaFber Street SpQrts ComDlex Site Preparation - Henry Fischer & Sons - $112.500.00 Mrs. Corum inquired why staff is not recommending the low bid and said that City Council should consider the way the new bikepaths appear. The City Engineer explained his recommendation to award the bid to Fischer and Sons, Inc. MOTION by Corum/Oberbeck I move we approve item A of the consent agenda. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Item ~ - Bid Award - Barber Street Sports Complex Fencing - Patriot Fence Company - $9,366.00 Mrs. Corum inquired whether everyone awarded a bid has to be licensed in the city and suggested the item not be approved until the company is licensed. A discussion followed on the legality of awarding a bid to a company that does not hold a license in the city and it was suggested that the item be postponed until this can be done. MOTION by Oberbeck/Corum I would move to defer this item until the July 28, 1993 meeting. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 city Council Workshop July 7, 1993 Page Four Item C - Bid Award - Barber Street Sports Complex Electrical - Neube~er ~lectri~ - ~6,847.00 Item ~ ~ Bid Award ~ Barber Street Sports Complex - Irrigation ~ United Irrigation ~ $16.650.00 Mr. Freeland expressed concern for overspending in this year's budget. MOTION by Freeland/Oberbeck I move to approve items C and D. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 7. I~XOR AND CIT~ COUNCIL I~TTERS A. Mayor Lonnie R~ Powell Mayor Powell 1) said money needs to be spent for recreation for the city's youth; 2) said he would not attend the next City Council meeting; and 3) commended the 4th of July committee and city staff. B. Vice-Mayor Frank Oberbeck Mr. Oberbeck 1) commended the 4th of July committee; 2) discussed the current ordinance which does not allow the use of adjoining residential properties for parking, etc. and recommended staff review. The Director of Community Development responded that a vacant lot must have a principal use to allow accessory uses, however, said the code could be amended. It was the consensus of City Council to have staff look into it. Mr. Oberbeck 3) said check registers had been submitted to city Council as requested; 4) said he hoped staff would respond to Mr. Maggart's letter and submitted the letter to the city Clerk. city Council Workshop July 7, 1993 Page Five C. Mrs. Carolyn Coru~ Keith Miller, 961 Riviera Avenue, Sebastian, objected to the franchise fee. A1 Vilardi, 445 Georgian Boulevard, Sebastian, objected to the approval of Barber Street Sports Complex bids prior to action on the revised budget. The city Manager responded. 93.209 Cable TV Franchise (Code of Ordinances - Article ~V - Franchises) Mrs. Corum discussed looking into other cable TV franchises, adding service standards, adjusting rates by resolution, and auditing the franchisee. 93.054 2. Police Station - Request Calendar of Events History (No Backup) Mrs. Corum requested City Council input on steps to take to alleviate the air quality problem. TAPE I - SIDE Ii (7:47 p.m.) Mrs. Corum 1) said a staff member has been alleged to be acting in a rude, unprofessional manner and that she would request an investigation; and 2) read a letter from Congressman Bacchus regarding environmental matters. D. Mrs. Nor~a Da mD Mrs. Damp 1) complimented the 4th of July festivities; 2) cited the letter from Mr. Reardon relative to streets; 3) commended the City Engineer for his report to City Council and said she'd be happy to share it with the public; and 4) discussed the cable TV franchise relative to extensions and doing away with automatic renewals of franchises. Mayor Powell advised that people put their names on letters to City Council. 5 city Council Workshop July 7, 1993 Page Six 93.064 Robert Freeland Mr. Freeland 1) said the item he had attempted to place on this agenda will carry to the next meeting; and 2) commended the City Engineer on his report. Mayor Powell called recess at 8:00 p.m. and reconvened the meeting at 8:14 p.m. Ail City Council members were present. Mayor Powell said, for the record, if the employee Mrs. Corum referred to is a charter officer, he would like to be informed and if it is a police officer or other union employee the City Manager and appropriate parties be informed. CITY ATTORNEy MATTER~ None. 9. CITY MANAGER M~TTERS The City Manager reported that since the City Council is now receiving check registers, Mr. Oberbeck has rescinded his request for a resolution relative to check signatories; asked that if there is a problem with an employee it be brought to his attention; and said that he is seeking employment elsewhere. He was then excused from the meeting by City Council. 10. WORKSHOP ITEMS A® Review Revised Ordinance No~. 0-93-06 ~ Tree Protection ~ (3rd Draft~ m Per city Council Direction at 5/5/93 Workshop (Director of Community Development Transmittal Gated 7/1/93. £5/5/93 Council Minutes Submitted bv city Clerk], Revised 0-93-06) The Director of Community Development explained the amendment and stated that chapter 13 must be amended to comply with this ordinance. Keith Miller, 961 Riviera Avenue, and Robert McCollum, 501 Durant Street, Sebastian, commented on the ordinance. Mrs. Damp inquired whether staff had considered putting in the six month inspection requirement. city Council Workshop July 7, 1993 Page Seven A lengthy discussion followed on nuisance trees, tree credits, and tree requirements for lots. TAPE II - SIDE I (8:50 p.m.) Discussion continued. MOTION by Freeland/Corum "I make a motion that we have them take those two items out, that lot size thing (item f) as well as item g on credits." Motion was restated "I make a motion that the staff bring this back for a regular meeting with the changes as outlined 1, 2 & 3." Mayor Powell restated the motion "for staff to bring it back at the next regular meeting with the changes and they'll go...", and the Director of Community Development added, "to clarify those changes and to remove on page four item f to keep the same table that we have currently under code on page 28 or page five of the ordinance we will remove g in toto". Mayor Powell again restated the motion "to bring it back at the next regular meeting with revisions that Council has made up here tonight for approval and then set the public hearing and pass on to P and Z and all that". ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye MOTION CARRIED 4-1 (Corum - nay) 93.210 Public Works DepartmentJCity Engineer - State Q~ the Department (City EnGineer TransmitTal dated 7/1/93, ReRort dated 7/1~93) Mayor Powell commended the report and no action was necessary. Mrs. Corum suggested planting laurel oak trees rather than palm trees at the Creative Playground. City Council concurred. 7 City Council Workshop July 7, 1993 Page Eight 93.211 C. 93.212 93.119 Sebastian River Water Control District (city E~k~ineer Transmittal dated 6/3/93j Carter Report dated ~2/93) The City Engineer reported on the meeting with Sebastian Water Control District in Vero Beach at which they requested support from Sebastian and Veto Beach. City Council discussion followed and it concurred that staff would attend the meetings and report back. Dm Coakley - Rear Ditch Culvert Pipe RequDst (City Engineer Transmittal dated 6/14/93. Coakl~y Letter, Drawing) The City Engineer presented the request to City council and discussion followed. Mr. Oberbeck stated that this is only a continuation of a side lot pipe. Mr. Freeland excused from 9:10 p.m. to 9:12 p.m. It was the consensus of City Council to direct staff to draft the appropriate documents to bring back for formal approval. Fey Request for Wave Attenuator ExtensioD ~ Yacht Club ~ier - Review Riomar Report (City Engineer Transmittal dated 6/3193, Riomar Letter dated 6/3/93) The City Engineer presented the request. Mr. Oberbeck inquired who was paying Riomar's costs, suggested that the applicant be required to pay the fee, inquired as to changes made by Riomar, suggested that there be insurance or a warranty from the applicant to alleviate costs to taxpayers and expressed concern for construction to benefit a private property owner, city Council discussion followed. MOTION by Oberbeck/Freeland "I would move that we proceed with the original plan on the attenuator for the distance that was approved at a prior meeting and that the money come from the boating fund." 8 City Council Workshop July 7, 1993 Page Nine Mayor Powell restated the motion "to proceed with the original plan..." Mr. Oberbeck added "to deny the request of Richard Fey to extend the attenuator" Mayor Powell continued "and use the money we got from the county for the boat fund". Mr. Freeland concurred with the restated motion. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 93.213 Utilities Department ~ Additional Staff - Proposed Job Description (Utilities Director ~rarismittal dated 6/5/9~ Memo dated 6/3193, Job Description) Mr. Oberbeck excused from 9:29 p.m. to 9:30 p.m. The Utilities Director justified the request for a utility service worker. City Council discussion followed. Mr. Freeland inquired about previous Council action to fund a position in Finance from the Utilities budget. TAPE II - SIDE II (9:37 p.m.) City Council discussion continued. Mrs. Corum noted that the city Manager had recommended a part-time position and suggested that City Council conduct a workshop to discuss water and sewer issues in the near future. The Utilities Director submitted a revised salary statement to City Council in the amount of $18,720 per year. Discussion on salary continued. MOTION by Damp/Freeland I make a motion that we approve hiring a Utilities Service Worker I for the salary of $18,720 a year. City Council Workshop July 7, 1993 Page Ten 93.214 ROLL CALL: Mr. Oberbeck - nay Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - nay Mayor Powell - aye MOTION CARRIED 3-2 (Oberbeck, Freeland - nay) The City Clerk noted that the job description will e brought back to City Council with a resolution for adoption. Water System Connection Agreement Between city of Sebastian ~nd Captai~ Hiram's {Utilities Director Transmittal dated 6/29/93~ city Attornex Letter dated 6/2]J93, Proposed Agreement) The Utilities Director presented the proposed agreement to City Council and a brief discussion followed. Mr. Oberbeck recommended that paragraph five be amended to state that severance be required immediately when city water is in place. Discussion of mandatory water connection followed. It was the consensus of city Council to require connection within sixty days and staff was directed to bring the redrafted agreement back to city Council. 11. Being no further business, Mayor Powell adjourned the workshop at 10:05 p.m. , 1993, City Council  ~_~ Meeting. Ka~/t '~hryn~. O '~Halloran ~,~~~~., CMC/~E ~'~~~1'~ City Clerk 10