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Home My WebLink About07101991a 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, JULY 10, 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. 3. Invocation was given by Councilman Reid. 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/PW Director, Dan Eckis City Planner, Catherine Hilton City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio 1 Regular City Council Meeting July 10, 1991 Page Two 91.177 91.071 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Vice Mayor Oberbeck stated he would report on his attendance at the Indian River County Transportation Planning Committee Meeting under his matters. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS The City Manager introduced Finance Director, Mike Hudkins. 7. PUBLIC INPUT ON AGENDA ITEMS Jack Speciale, 3611 W. Derry Drive, Sebastian, concurred with the water and sewer report and urged Council to incorporate Lake Dolores into its franchise area. Bob McCollum, 501Durant Street, Sebastian, concurred with the city establishing its own water and sewer utilities. PRESENTATIONS Presentation of Plaques to Parks and Recreation Committee Members Mayor Conyers presented plaques to George Schum, Irene Traficante and Bill Rogers and recognized, in absentia, Gene Doty, Harry DiSalvio and Clifford Hoose. Gerald Hartman - Hartman & Associates, Inc. and Attorney Thomas Cloud_- Gray, Harris, Robinson, Kirschenbaum ~ Peeples_- Water _& Sewer Utility Report (City Manager Recommendation dated 7/3/91) Gerald Hartman, Hartman and Associates introduced his colleagues Attorney Tom Cloud and Hal Schmidt and reiterated ma~or points of the water and sewer utility report. 2 Regular City Council Meeting July 10, 1991 Page Three Following a lengthy discussion and recommendation by Gerald Hartman and Tom Cloud as stated in section 6.2 on pages 6-3 through 6-5 of the report (see attached), and assurances to Lake Dolores residents that a meeting will be scheduled to discuss their interest in this matter, motion was made. MOTION by Holyk/Oberbeck I move we accept the recommendations as outlined under 6.2 recommendations beginning on page 6-3 and going on through 6-5 as written. ROLL CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid aye aye aye aye aye MOTION CARRIED 5-0. MOTION by Reid/Holyk I move we authorize the City Manager to create a Utilities Department and hire a Utilities Director and clerical support as necessary for the position of a Utilities Director at the discretion of the City Manager. Vice Mayor Oberbeck called the question and Mayor Conyers and Councilman Powell concurred. ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye nay nay aye nay MOTION FAILED 2-3 (Oberbeck, Powell, Conyers - nay) The City Attorney advised that an ordinance will be required to create a new city department. Discussion followed as to costs for engaging legal counsel. The City Manager advised that Council engage Tom Cloud and request estimates for each phase of the pro3ect as it approaches. 3 Regular City Council Meeting July 10, 1991 Page Four MOTION by Powell/Oberbeck I move we engage Special Legal Counsel, Tom Cloud and pursue negotiations on water and sewer. The City Manager, with Council's concurrence, said he would request a specific agenda of the work immediate- ly before the city at this time and a time estimate of Attorney Cloud's work on those projects. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye aye MOTION CARRIED 5-0. MOTION by Oberbeck/Powell I move we direct staff to go ahead and prepare the RFP and what not for the engineering on the water and sewer system. ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck aye aye aye aye aye MOTION CARRIED 5-0. Mayor Conyers called recess at 8:22 p.m. and reconvened the meeting at 8:33 p.m. Ail members were present. 9. PUBLIC HEARING, FINAL ACTION 91.013 A. ORDINANCE NO. 0-91-05 - Morchesky CLUP Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY LD2 DISTRICT AND MXD DISTRICT TO CITY IN (INDUSTRIAL) DISTRICT FOR LAND LOCATED IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Advertised 1/4 page 1/16/91, 1st Reading and 1st Public Hearing 1/23/91, Transmittal to DCA, Advertised 1/4 page 7/3/91, 2nd Public Hearing 7/10/91) 4 Regular City Council Meeting July 10, 1991 Page Five The City Attorney read Ordinance No. 0-91-05 by title only. Mayor Conyers opened the public hearing at 8:35 p.m., however, being no input, he closed the public hearing. MOTION by Powell/Oberbeck I move we accept Ordinance No. O-91-05 Morchesky CLUP amendment. Councilman Holyk noted that the list of Council names on Ordinance Nos. O-91-05, 0-91-06, O-91-07 and 0-91- 08 reflect previous Council. The City Clerk so noted for correction. ROLL CALL: Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell aye aye aye aye aye MOTION CARRIED 5-0. 91.013 B. ORDINANCE NO. O-91-06 - Morchesky Rezoning AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS LOCATED ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD FROM COUNTY ZONING DISTRICTS Al, RM6, AND IL TO CITY ZONING DISTRICT IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst Reading 1/23/91, Advertised 6/26/91, Public Hearing 7/10/91) The City Attorney read Ordinance No. O-91-06 by title only. Mayor Conyers opened the public hearing at 8:36 p.m., however, being no input, he closed the public hearing. 5 Regular City Council Meeting July 10, 1991 Page Six 91.012 MOTION by Oberbeck/Holyk I move we approve Ordinance No. O-91-06 Morchesky Rezoning. ROLL CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid aye aye aye aye aye MOTION CARRIED 5-0. C. ORDINANCE NO. O-91-07 - Fisher CLUP Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM COR (COMMERCIAL OFFICE RESIDENTIAL) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT FOR LAND LOCATED IN THE NORTH CENTRAL AREA OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND NORTHWEST OF CROSS STREET; PROVIDING FOR A COPY OF THE DESIGNATION CHANGE TO THE COMPREHENSIVE LAND USE PLAN MAP TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Advertised 1/4 page 1/16/91, 1st Reading and 1st Public Hearing 1/23/91, Transmittal to DCA, Advertised 1/4 page 7/3/91, 2nd Public Hearing 7/10/91) The City Attorney read Ordinance No. O-91-07 by title only. Mayor Conyers opened the public hearing at 8:37 p.m. Carolyn Corum, Delores Street, Sebastian, urged Council to consider the fragility of the Atlantic Coastal Ridge when approving development on it. Mayor Conyers closed the public hearing at 8:44 p.m. 6 Regular City Council Meeting July 10, 1991 Page Seven 91.012 MOTION by Oberbeck/Powell I move we approve Ordinance No. 0-91-07 Fisher CLUP amendment. ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye aye aye aye aye MOTION CARRIED 5-0. D. ORDINANCE NO. O-91-08 - Fisher Rezoning AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE NORTH CENTRAL AREA OF THE CITY, APPROXIMATELY 10 ACRES MORE OR LESS, LOCATED APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND NORTHWEST OF CROSS STREET, FROM COR (COMMERCIAL OFFICE RESIDENTIAL) 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 1/23/91, Advertised 6/26/91, Public Hearing 7/10/91) The City Attorney read Ordinance No. 0-91-08 by title only. Mayor Conyers opened the public hearing at 8:45 p.m., however, being no input, he closed the public hearing. MOTION by Oberbeck/Powell I move we accept Ordinance No. 0-91-08 Fisher Rezoning. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye aye MOTION CARRIED 5-0. 7 Regular City Council Meeting July 10, 1991 Page Eight 91.152 E. 91.126 ORDINANCE NO. O-91-15 - Handbill Distribution Regulation AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE II OF CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, REGULATING THE DISTRIBUTION OF HANDBILLS WITHIN THE CITY OF SEBASTIAN, FLORIDA; PROHIBITING THE DISTRIBUTION OF HANDBILLS ON PRIVATE PROPERTY; PROVIDING FOR EXCEPTIONS; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 6/12/91, Advertised 6/2/91, Public Hearing 7/10/91) The City Attorney read Ordinance No. O-91-15 by title only. Mayor Conyers opened the public hearing at 8:47 p.m., however, being no input, he closed the public hearing. MOTION by Powell/Re±d I move we approve Ordinance No. O-91-15 handbill distribution regulation. ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck MOTION CARRIED 5-0. aye aye aye aye aye F. ORDINANCE NO. 0-91-18 - Nuisance Regulation AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO NUISANCES, IN ITS ENTIRETY; AMENDING SECTIONS 16-1 PERTAINING TO DEFINITIONS, 16-1.1 PERTAINING TO COUNCIL INTENT, 16-2 PERTAINING TO ILLUSTRATIVE ENUMERATIONS, 16-2.1 PERTAINING TO NOTICE OF VIOLATION - GENERALLY, 16-3 PERTAINING TO NOTICE OF VIOLATION - PROCEDURE AND FORM, SECTION 16-4 PERTAINING TO HEARINGS BEFORE CODE ENFORCEMENT BOARD, SECTION 16-5 PERTAINING TO CONDITIONS MAY BE REMEDIED BY THE CITY AND LIEN IMPOSED, SECTION 16-6 PERTAINING TO SANITARY LIEN BOOK, SECTION 16-7 PERTAINING TO RULES AND REGULATIONS AUTHORIZED, AND Regular City Council Meeting July 10, 1991 Page Nine 91.175 SECTION 16-8 PERTAINING TO PENALTY FOR VIOLATION, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 6/12/91, Advertised 6/2/91, Public Hearing 7/10/91) The City Attorney read Ordinance No. O-91-18 by title only. Mayor Conyers opened the public hearing at 8:49 p.m., however, being no input, he closed the public hearing. MOTION by Powell/Oberbeck I move we approve Ordinance No. O-91-18 nuisance regulation. ROLL CALL: Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell MOTION CARRIED 5-0. aye aye aye aye aye ORDINANCE NO. 0-91-19 - Subpeona Powers and Grandfathering of Specialty (Floor Covering) Contractors AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VII OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CONTRACTORS; AMENDING SECTION 7-95 TO PROVIDE THE CONSTRUCTION BOARD AND ALLEGED VIOLATORS WITH SUBPOENA POWER; AMENDING SECTION 7-103 TO PROVIDE FOR ISSUING COMPETENCY CARDS TO CONTRACTORS WHO HAVE VALID AND ACTIVE CERTIFICATE OF COMPETENCY ISSUED BY INDIAN RIVER COUNTY, FLORIDA, UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (lst Reading 6/26/91, Advertised 6/28/91, Public Hearing 7/10/91) The City Attorney read Ordinance No. 0-91-19 by title only. 9 Regular City Council Meeting July 10, 1991 Page Ten 91.142 91.168 91.178 91.180 91.179 91.181 Mayor Conyers opened the public hearing at 8:50 p.m., however, being no input, he closed the public hearing. MOTION by Holyk/Reid I move we adopt Ordinance NO. O-91-19 subpoena powers and grandfathering of sDecialty (floor covering) contractors. ROLL CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid aye aye aye aye aye MOTION CARRIED 5-0. 10. CONSENT AGENDA A. Approval of Minutes - 6/26/91 Regular Meeting Establish Time Restraints - Sign at Riverview Park for Riverside Assembly of God Youth Rally (Staff Recommendation dated 7/2/91, City Clerk Letter dated 2/15/91) Side Lot Drainage Culverts (Staff Recommendation dated 7/3/91, City Engineer Memos dated 7/3/91 and 6/19/91, Property Owner Letter [Undated]) Waiver of Bid Procedure - Renovate Davis Street Storm Drain Pipes - Extend Fischer & Sons Contract (Staff Recommendation dated 7/3/91, City Engineer Memo dated 7/3/91, Sketch of Proposed Improvements) William Bertram - Request to Remove Specimen Tree (Staff Recommendation dated 7/2/91, Application, Survey) Holiday Builders, Inc. - Request to Remove Specimen Trees - Lot 10, Block 44, Unit 2, Sebastian Highlands (Staff Recommendation dated 7/3/91, Application, Survey) National Small Business Tree Planting Program (Florida) Grant (Staff Recommendation dated 7/3/91, City Manager Letter dated 7/2/91, Application Instructions) 10 Regular City Council Meeting July 10, 1991 Page Eleven 91.182 H. RESOLUTION NO. R-91-22 - Abandonment of Easement (R-91-22, Eckis Memo dated 6/25/91, Application, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE SOUTH 10 FEET OF PARCEL 1, TRACT P, AND THE NORTH 10 FEET OF PARCEL 2, TRACT P, SEBASTIAN HIGHLANDS, UNIT 2 ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/35, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 91.176 RESOLUTION NO. R-91-23 - America the Beautiful Grant A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND HIS STAFF TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORDIA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 91.183 RESOLUTION NO. R-91-24 - Abandonment of Easement (R-91-24, City Engineer Memo dated 6/25/91, Application, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE NORTHWEST SIX (6) FEET OF LOT 15, BLOCK 196 AND THE SOUTHEAST SIX (6) FEET OF LOT 16, BLOCK 196, SEBASTIAN HIGHLANDS UNIT 10; ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6/37K PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 91.184 Request Community Center Use - A/B - Marsha Raynor - 7/20/91 - 9:00 p.m. to 1:00 a.m. - DOB - 8/9/50 - Security Paid (Application) Mayor Conyers read the consent agenda in its entirety including the titles of Resolution Nos. R-91-22, R- 91-23 and R-91-24. 11 Reuular City Council Meeting July 10, 1991 Paue Twelve Vice Mayor Oberbeck removed items B, C, D, F and G. Councilman Holyk removed items A and E. MOTION by Powell/Holyk I move we approve items H, I, J and K on the consent agenda. ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers aye aye aye aye aye MOTION CARRIED 5-0. Item A - Approval of Minutes MOTION by Holyk/Oberbeck I move we add to the minutes of the meeting of June 26, 1991, under item 91.045, following "A lengthy discussion ensued."; "He (Roger Cain) showed in detail two alignments for four-laning of existing CR 512 and the land acquisition necessary. He was also asked if there was sufficient room in the County purchased old railroad right-of-way to fit four lanes to which he answered 'no' that additional right-of-way would be needed.". ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk MOTION CARRIED 5-0. aye aye aye aye aye The City Clerk said she would review the tape. (Subsequent to review, the amendment stands). Item E - Bertram Specimen Tree Councilman Holyk extended his thanks to Mr. Bertram for his efforts to save the tree. 12 Regular City Council Meeting July 10, 1991 Page Thirteen MOTION by Holyk/Oberbeck I move we approve item E of the consent agenda. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye aye MOTION CARRIED 5-0. Item B - Riverview Park Sign It was the consensus of City Council that staff will set a two week limitation for placement of signs at Riverview Park. MOTION by Oberbeck/Powell I move we go ahead and approve item B of the consent agenda. ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck aye aye aye aye aye MOTION CARRIED 5-0. item C - Drainage Culverts The City Engineer presented the request to Council. Bob Wilson, 6150 98th Lane, requested city assistance in regard to a property he cannot build a house on due to a misaligned ditch. The City Engineer said he will continue to contact the ad3acent property owner. Discussion ensued on need for a special taxing district or assessment. The City Manager said that the city has, in the past, realigned easements and billed GDC, however, he recommended that Council draw the line in giving assistance only where unusual circumstances exist. Omas Morris, 1079 Gardenia Street, Sebastian, and Dawn Mittendorf, 732 Cleveland Street, Sebastian, addressed Council regarding hazardous side yard ditches. Councilman Powell was excused from 9:24 p.m. to 9:26 p.m. 13 Regular City Council Meeting July 10, 1991 Page Fourteen Janice Babineau, Wentworth Street, Sebastian, addressed Council regarding assistance with the cost of the upgrade to the side yard culvert pipe. Vice Mayor Oberbeck was excused from 9:26 p.m. to 9:28 p.m. Following further discussion, it was decided to place discussion of a special taxing district on the workshop agenda. MOTION by Oberbeck/Powell I move we approve item C (see staff recommendation attached). ROLL CALL: Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell aye aye aye aye aye MOTION CARRIED 5-0. Item D - Davis Street Storm Drain Pipes Upon questioning by Vice Mayor Oberbeck, the City Engineer said the cost would run between $5500 and $6000 to install 250 feet of 24 inch RCP pipe and two catch basins. MOTION by Oberbeck/Powell I move we approve item D with cap of $6000. Councilman Reid strongly urged Council to address discharge into the Indian River. ROLL CALL: Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid aye aye aye aye aye MOTION CARRIED 5-0. Item F - Holiday Builders In response to Vice Mayor 0berbeck, the Director of Community Development said the property owner would relocate trees on their own property and elsewhere. Vice Mayor Oberbeck asked that staff encourage property owners to relocate trees or donate them to the city. 14 Regular City Council Meeting July 10, 1991 Page Fifteen 91.185 11. MOTION by Oberbeck/Holyk I move we approve item F of the consent agenda. ROLL CALL: Councilman Holyk Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers MOTION CARRIED 5-0. aye aye aye aye aye Item G - Grant Vice Mayor Oberbeck expressed concern for using taxpayers' funds to match grants such as this while other city projects are pending and just because they are available. The City Manager responded that funds are available in capital projects for park improvements which can be carried over. MOTION by Oberbeck/Holyk I move we approve G of the consent agenda. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk MOTION CARRIED 5-0. aye aye aye aye aye COMMITTEE REPORTS/RECOMMENDATIONS None. 12. OLD BUSINESS None. 13. NEW BUSINESS Legislative "Special Acts" (City Manager Recommen- dation dated 7/2/91, Sembler Memo dated 6/26/91, City Manager Memo dated 6/7/90, City Attorney Letter dated 11/28/90, P & Z Memo dated 8/15/89) The City Manager recommended pursuing Legislative Special Acts in regard to annexation of enclaves and a special liquor license for the Municipal Golf Course. 15 Regular City Council Meeting July 10, 1991 Page Sixteen Discussion on forced annexation ensued. MOTION by Oberbeck/Holyk I move we direct staff to contact our legislator with regard to annexation of enclaves 1, 2 and 4 in the information afforded us tonight in our packets (see attached). ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck aye aye aye aye aye MOTION CARRIED 5-0. DisCussion took place on alcoholic beverage sales to the general public at the Municipal Golf Course and motion was made as follows. MOTION by Reid/Holyk I move we direct staff to prepare the necessary documents and to publish the necessary notice so that it can be presented to the legislative delegation for Indian River County for them to consider to sponsor it as a special legislative bill. ROLL CALL: Councilman Reid Mayor Conyers Councilman Holyk Vice Mayor Oberbeck Councilman Powell aye aye aye nay nay MOTION CARRIED 3-2 (Oberbeck, Powell - nay) 14. MAYOR'S MATTERS Mayor Conyers said he was establishing a Mayor's Advisory Group; said he believed Council should make a formal motion on placement of signs on CR 512 directing traffic around Sebastian; said he felt Larry Napier should have been appointed Finance Director; questioned why other applicants were not considered when Jim Wadsworth was reappointed to P & Z; questioned an allegation by a bidder for environmental consulting firms that its bid had been opened prior to bid opening; said he had received a letter from the Geneological Society thanking the city for use of its facilities; questioned letters received concerning daycare facilities and requested an update on the police facility. 16 Regular City Council Meeting July 10, 1991 Page Seventeen 15. In response he was informed by staff that he should check with the City Attorney regarding formation of a committee; that no sealed bid was opened prior to a bid opening; that responses had been sent to people concerned about daycare facilities; and that a police facility report was due this Friday. COUNCIL MATTERS A. Vice Mayor Oberbeck Vice Mayor Oberbeck questioned the progress of the traffic study and requested that the first Sunday in July be designated POW/MIA Day by proclamation or resolution and asked that this be placed on a future agenda for action. The City Manager directed staff to copy the traffic study RFP to Council. The City Manager reported that he had received and submitted to Council this evening a reply from GDC regarding negotiations. Vice Mayor Oberbeck reported on his attendance at the Indian River County Transportation Planning Committee meeting. He stated that the committee is not satisfied with the city's response on the twin pairs concept. The City Engineer said they want the city to take a firm stand on twin pairs and be more specific on alternatives. Vice Mayor Oberbeck requested that staff obtain the County's former studies on CR 512. Council concurred. B. Councilman Holyk Councilman Holyk requested that staff obtain, in writing, the policy for Junior Golf program and addressed the repeated reappointment of committee members, which he stated will be on the August workshop agenda for discussion. C. Councilman Powell Councilman Powell reiterated concerns expressed relative to prices charged for booths at the 4th of July festivities. When the City Clerk noted it was 10:30 p.m., motion was made as follows. 17 Regular City Council Meeting July 10, 1991 Page Eighteen 16. 17. 18. MOTION by Holyk/Reid I move we take five minutes. ROLL CALL: Vice Mayor Oberbeck aye Councilman Powell aye Mayor Conyers nay MOTION FAILED and Roll Call was discontinued. Mayor Conyers adjourned %he meeting at 10:30 p.m. and the following items were not addressed. D. Councilman Reid CITY ATTORNEY MATTERS CITY MANAGER MATTERS INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) Ka~o..~ O'Halloran, City Clerk · 1991 ~z~c~%.. COuncil Meeting. W . Conyers~or 18 Substantial financial advantages will be available because City-owned utility systems are not subject to federal and state income taxes, gross receipt taxes, or corporate profits as privately owned utility systems. The City has access to lower-cost financing, subsequently the cost savings will be passed on to the customers. Additionally, the City is eligible for state and federal subsidies for capital improvements, which can also lower the customers' rates. ° Generation of revenue for further improvement and/or expansion of the system. ° Full capital cost recovery from growth or new customer connections. The purchase is the first step in creating a unified water and wastewater utility service. As with any analyses, there are some negative drawbacks. The negative impacts that could j~ult from the City's purchase of the water and wastewater systems are as follows: ° Some administrative and operational inconveniences during the transition period of ownership change. ° Possible short-term increase in rates and charges to existing customers. ° Development of a billing/bookkeeping/accounting system. 6.2 RECOMMENDATIONS Based upon the investigations, analyses and evaluations conducted for this report, we recommend that the City of Sebastian: Confirm to Indian River County that the City will accept the GDU Franchise Agreement and the right for water and wastewater service within the service areas delineated in Figure 6-1. (iCH/ch R4191-064.00/Section6 6-3 ,% IO 2S 30 ItARTMAN & ASSOCIATES, INC. neerw, hydroi~eololleb. telentltt~ lc minelement eoneultna~ SOU~I~ BANK B~INO S~ J000 - 201 ~ PINE ~RE~ · OR~NDO,~ 32901 ~PHOHB (407)030-3055- F~ (407) e30-379o WAIAStO '~,,, II1Nil. lSmlT, ~ SEBASTIAN HIGHLANDS PROPOSED ULTIMATE WATER & WASTEWATER SERVICE AREA Fi~lure §- 1 Negotiate with Indian River County to develop interiocal agreements for service territory, wholesale service, cost-sharing of cerlain assets, the purchase of certain County facilities, the method and transfer of customers within the City to the City from the County, as well as those necessary documents to cause recommendation gl to occtlr. Notify GDU of the City's intention to exercise the purchase option of the City's Franchise agreement with the Company. Accept this report as the City's "Briefing Document' regarding the "Investigation of the Existing Utility Franchise and the Advantages and Disadvantages of providing water and wastewater service for the City of Sebastian, Florida." Retain consultants to assist the City regarding: A. The implementation of this report's recommendations. B. The organization and start-up of a water and wastewater utility for the City. C. The acquisition of GDU facilities. D. The negotiations with the County regarding several agreements. The preparation of utility standards, policies, procedures, rates, charges, code revisions, forms and other associated activities. F. The preparation of a water and wastewater master plan. G. The preparation of a finance plan. The application to the appropriate state and federal (FHmA) agencies for grants and financing assistance. I. General water and wastewater technical services. GCH/ch R4/91-0Ol.00/Section6 6-5 City of Sebastian POgT OFFICE BOX ?~0127 a ~EBA~;TIAN, FLORIDA 32918 TELEPHONE (407) FA]( SUB3ECT~ Side Lot Drainage Culverts Approved For Subm~%%a! By: Manager ) ) -) ) ) ) Submitted 7-3-91 For Agenda Of 7-10-91 Exhib~%s! City Engineer Memo's dated 7-3-91 and 6-19-91 Property owners letter (undated) EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED~ REQUIRED! SUMMARY STATEMENT As requested by the City Council meeting of June 26, 1991, I have made an ievaluation of RCP verses CMP. As City Engineer, I recommend the installation lof RCP in lieu of CMP. The two property owners on Wentworth have asked that the City consider amending the side lot culvert agreement to transfer responsibility lof maintenance of th~ culverts to the City rather than the property owners and that ,the City pay the cost difference f~om the standard 24!' CMP and the larger pipe isize that is required. Staff has reviewed this request and find it to be reasonable and the City should make every effort to encourage property owners to install iculvert pipes and to participate in the cost under certain circumstances where it ,requires pipe sizes larger than the standard 24" culvert. RECOMMENDED ACTION iMove to approve the request of the property owners on Wentworth Street for the !City to pay part of the cost to install approximately 125 feet of 30" RCP sidelot drainage culvert the City's expenditures would be the difference between 24" CMP and 30" RCP and not to exceed $2000. Move to direct staff to make recommendations to the City's current side lot drainage agreement to transfer the maintenance responsibility from the property owner to the city and to allow the city to pay the excess cost of a required culvert that exceeds 24" in diameter and that culverts would be installed subject 'to the issuance of permits by the City Engineer. DATE TO: FROM THROUGH: City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 July 3, 1991 Mayor and City Council Daniel C. Eck~s~ City Engineer ~- Robert S. McClary City Manager RE: Evaluation of culvert pipe installation As requesteed by the Ciy Council on June 26, I have made an evaluation of the culvert piping material to be used for sidelot drainage pipes. I have contacted a local supplier for the cost of material and a local contractor for the cost of installation, the breakdown is as follows: CMP CAP POLYETHYLENE 6.56 8.00 7.42 4.20 4.20 4,20 10.76 12.20 11.62 8.60 10.70 13.15 4.20 4.20 4.20 12.80 14.90 17,35 12.70 16.60' 23.10 4,90 4.90 4.90 17.60 21.50 28.00 16.50 19.90 31.90 4.90 4.90 4.90 21.40 24.80 36.80 RCP 18" 7.75 EXCAVATION 6.30 TOTAL 14.05 24" 11,75 EXCAVATION 6.30 TOTAL 18.05 30" 16.65 EXCAVATION 7,90 TOTAL 24.55 36" 23.10 EXCAVATION 7.90 TOTAL 31,00 As indicated from the table RCP is the most expensive culvert pipe whereas the CMP is the least expensive. The average cost difference is $1.67 per lineal foot. If 125 LF of pipe is installed then the additional cost on the average would be approximately $210. The concrete pipe will last three to four times longer and has better flow characteristics then the metal pipe: The better flow characteristics will allow a 30" RCP culvert to be installed where a 36" CMP is required,