HomeMy WebLinkAbout09011993 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
93.264
AGENDA
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, SEPTEMBER 1, 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
AGENDA MODIFICATIONS (ADDITIONS 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).
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.
Simes Construction Co., Inc. - Specimen Tree
Removal Request - Lot 16, Block 236, Unit 10, SH
- One Pine (Director of Community Development
Transmittal dated 8/25/93, Application, Survey)
93.183
93.183
93.196
93.265
93.266/
92.004
93.186
7. MAYOR ~ CITY COUNCIL I~%TTERS
A. Mayor Lonnie R. Powell
B. Vice-Mayor Frank Oberbeck
C. Mrs. Carolyn Corum
D. Mrs. Norma Damp
E. Mr. Robert Freeland
8. CITY ATTORNEY
City Attorney Recommendation - 1) Cancel
Deliberation Pertaining to General Development
Utilities 2) Determine that GDU Rate Increase
Application is Incomplete 3) Declare Conflict of
Interest and 4) Approve Having Rate Case Heard by
Hearing Officer (No Backup)
CIT~ MANAGER FATTERS
WORKSHOP ITEMS
A®
General Development Utilities Rate Increase
Request Deliberation (Finance Director Memo dated
8/24/93)
Review Revised Proposed Price Airport Lease
Agreement (City Clerk Transmittal dated 8/26/93,
Proposed Lease, 6/16/93 Special Meeting Minutes,
6/16/93 Meeting Transmittal, 6/9/93 Meeting
Transmittal, Price Letter dated 6/3/93, Survey
Under Separate Cover)
Police Department Operational Status (Chief of
Police Transmittal dated 8/26/93 and Memo dated
8/24/93)
Proposed interlocal Agreement Between city of
Sebastian and Indian River County Solid Waste
Disposal District - Direct Staff to Draft
Resolution (Director of Community Development
Transmittal dated 8/25/93, Brooks Letter dated
8/2/93, Proposed Agreement, R-92-05)
Review Proposed Ordinance No. O-93-16 - Code
Enforcement Board - Schedule First Reading for
9/8/93 and Public Hearing for 10/13/93 (Director
of Community Development Transmittal dated
8/26/93, Lulich Letter dated 6/28/93, Kubes Memo
dated 7/26/93, Proposed 0-93-16)
2
PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
SEPTEMBER 1, 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/ : _Richard Melson, Esquire
ADDRESS :
~TEM NO.: 93,183
SUBJECT : _city Attorney Recommendation Re: GDU Rate Increase
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, SEPTEMBER 1, 1993 - 7:00 P.M.
CITY COUNCiL CHAM]~ERS
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 Powell called the workshop to order at 7:00
p.m.
2. The Pledge of Allegiance was recited.
3. ROL~ CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also Present:
city Attorney, Charles Nash
Director of Community Development,
Acting city Manager, Bruce Cooper
Finance Director, Marilyn Swichkow
Chief of Police, Earle Petty
Utilities Director, Richard Votapka
Airport Manager, John Van Antwerp
Deputy City Clerk, Sally Maio
Administrative Secretary, Joanne Sandberg
city Council Workshop
September 1, 1993
Page Two
AGENDA NODIFICATION~ ]ADDITION8 ANDIOR DELETIONS)
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
The city Attorney said he would speak on the Julian
property issue under his matters.
5. ANNOUNCEMENT~
None.
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.
93.264
Simes Construction Co., Inc. - Specimen Tree
Removal Request - Lot 16, Block 236, Unit 10, SH
- One Pine (Director of Community Development
Transmittal dated 8/25/93, Application, Survey)
The Deputy City Clerk read the consent agenda.
MOTION by Corum/Oberbeck
I would move to approve item A of the consent
agenda.
VOICE VOTE on the motion carried 5-0.
7. HAYOR AND CITY COUNCI~ ~TTERS
A. Ma30= Lonnie R,. ~owel~
Mayor Powell inquired about the meeting with Orange
Heights Property Owners relative to the twin pairs;
and requested that Council set a public hearing in
accordance with FS 180 regarding GDU water and sewer
facility acquisition for September 15, 1993.
The Finance Director said the hearing is necessary
and in accordance with statutory law, to determine if
it is in the public interest to acquire the system.
2
City Council Workshop
September 1, 1993
Page Three
MOTION by Freeland/Oberbeck
I would make a motion that we set the public
hearing for September 15.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
B. Vice-Mayor Frank Oberbec~
Mr. Oberbeck requested an update on the problem that
has developed relative to the "no left turn" onto CR
512 adjacent to Sebastian Elementary. The Director
of Community Development/Acting City Manager reported
that the county conducted a review, initially decided
that the procedure is proper and said they will get
back with him regarding further concerns. Mr.
Oberbeck said problems have occurred on the alley on
the south side of CR 512 due to the fact that no left
turn is allowed on CR 512, suggested that the alley
be made one way westbound or that the 20 mph zone be
expanded to allow the left turn.
C. Mrs. Carolyn Corum
Mrs. Corum spoke on the Sembler letter regarding
submittals for special legislative acts and suggested
that the THM problem be addressed by the legislature
to make all THM levels equal. She requested City
Council concurrence on staff looking into whether it
is feasible to make all public water THM levels
equal. The city Attorney said this would not be
considered a "special act", rather this would be
considered general law. He said City Council could
pass a resolution supporting adoption of a new
general law.
City Council concurred with directing staff to draft
a resolution to support new general law. The
Utilities Director said federal laws will soon
require better THM controls. The Utilities Director
was directed to draft the resolution.
Mrs. Corum commented on the proposed commercial
growth in Vero Beach and said she hoped developers
would use vision and develop in the Sebastian area.
3
City Council Workshop
September 1, 1993
Page Four
D. Mrs. Norma Damp
None.
E. Mr, Robert Freelan~
Mr. Freeland spoke on annexing land west of the city
for commercial growth.
8. ClT~ ATTORNEY MATTERS
The city Attorney requested that the Mayor add a
proposed Golf Course rates resolution to the 9/7/93
Special meeting agenda to set a public hearing. City
Council concurred.
93.261
The city Attorney reported on the proposed
acquisition of the Julian property and noted existing
liens on the property. The Director of Community
Development/Acting City Manager handed out additional
data on the property.
The Finance Director listed potential funding
sources.
Following further discussion, it was the consensus of
city Council to direct staff to proceed to review the
possibility of the acquisition of the Julian
property.
It was the consensus of City Council for the Director
of Community Development to sign a confidentiality
agreement with First Union National Bank to review
Julian property records.
93.183
City Attorney Recommendation - 1) Cancel
Deliberation Pertaining to General Development
Utilities 2) DetermiNe that GDU pate Increase
Application i~ Incomplete 3) Declare Conflict of
Interest an~ 41 Approve Having pate Case Heard bY
~earing Officer (No Backup)
The city Attorney reiterated his recommendation that
City Council not deliberate on the rate increase
tonight based on the fact that the city may own the
GDU lift stations, thus making the application
incomplete, recommended that city Council make a
determination that a conflict of interest exists due
to the current negotiation for the GDU facility, and
suggested that the rate increase request be heard by
a hearing officer.
4
City Council Workshop
September 1, 1993
Page Five
Richard Melson, Hopping, Boyd, Green and Sams,
representing General Development Utilities, stated
that GDU disagrees with the city Attorney's
recommendation to consider the GDU rate application
incomplete, stated it is GDU's position that GDU owns
the lift stations and not the city, questioned what
impact the ownership of the lift stations would have
on the rates application, and presented an affidavit
from Debbie Swayne. The city Attorney advised that
city Council determine that additional evidence can
be submitted and then take the position of accepting
evidence from anyone.
TAPE I - SIDE II (7:50 p.m.)
Mr. Melson said the affidavit is an analysis of the
difference that would occur if the lift stations were
not included in the rate application. He asked that
the City Council review this material and make a
decision on rates by the September 17, 1993 deadline.
A1 Vilardi, 445 Georgia Boulevard, Sebastian,
objected to using a hearing officer, and suggested
the rate deliberation be postponed for thirty days
while acquisition negotiations are conducted.
The City Attorney inquired whether GDU would concur
with postponing rate deliberation for thirty days.
Mr. Melson said it is not appropriate for GDU to
concur with that recommendation at this time,
however, it could be looked at subsequent to the 180
hearing, based on how the hearing goes.
Charles Fancher, President, General Development
Utilities, through Attorney Richard Melson, then
concurred with the thirty day extension to October 1,
1993.
It was the consensus of city Council not to take any
further action on this item or item 10 A at this
time.
9. CITY MANAGER MATTERS
93.054
The Director of Community Development/Acting City
Manager reported on the mechanical engineers' reports
relative to the police station air quality problem
and recommended a $1900 hot gas by-pass valve system.
5
City Council Workshop
September 1, 1993
Page Six
93.183
93.196
10.
MOTION by Oberbeck/Freeland
I would move that we put the item pertaining to
the air conditioning system on the agenda.
ROLL CALL:
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. oberbeck - aye
MOTION FAILED due to lack of unanimous vote. (4-1
Corum nay)
It was determined that a $1900 purchase does not need
City Council approval, in accordance with the city's
Charter.
Mayor Powell called recess at 8:05 p.m. and
reconvened the meeting at 8:25 p.m. Ail members were
present.
WORKSHOP ~TEMS
General Development Utilities Rate Increase
Request DeliberatioR (Finance Director Memo dated
8/24/93)
This item was previously postponed thirty days to
October 1, 1993.
Review Revised Proposed Price Airport Lease
AGreement (city Clerk Transmittal dated 8/26/93,
~roposed Lease, 6/16/93 Special Meeting Minutes,
6/16/93 Meeting Transmittal. 6~9/93 Meeting
Transmittal. Price Letter dated 6/3/93, Survey
Under Separate Cover)
The City Attorney noted two minor changes on page 16
of the lease, to change zip code to 32958; and
paragraph four of the addendum added the sentence
"This provision shall survive the termination or
cancellation of the Lease or this Addendum." prior to
the last sentence.
Steve Johnson, Sebastian Aero Services, expressed a
concern for the lease corresponding to that of a
fixed base operator, said this lease is for Clay
Price as an individual and questioned whether this
lease will be intended for uses other than skydiving.
6
city Council Workshop
September 1, 1993
Page Seven
The Airport Manager said it was appropriate for Mr.
Price to address City Council at this time.
Clay Price, 12430 Roseland Road, Sebastian, said he
would be leasing as an individual to Skydive
Sebastian, Inc., and that the primary reason that he
is the lessor is for banking purposes only. He went
on to address concerns regarding use of the facility
and the establishment of his lease. He said
improvements beyond those listed in Schedule A would
have to be further approved by City Council. He
exhibited the site plan for the proposed lease site.
Mr. Price asked that a renewal option be included in
the proposed lease.
City Council discussion followed.
The City Attorney said any sub-leases would have to
be approved by City Council, said this proposed lease
is more comprehensive than existing leases and will
parallel future leases.
The Airport Manager said a lease renewal is present
in all existing leases and said Council should
determine whether it wants to continue that
provision.
TAPE II - SIDE I (8:55 p.m.)
said skydiving is an uninsurable act and recommended
that a hold harmless agreement be expanded for all
city properties in the vicinity, recommended that
allindividuals utilizing the facility hold the city
harmless and that that language be included in the
lease, and requested clarification as to what type of
activities are intended.
The City Attorney said the extension of hold harmless
can be required in the the sub-lease and certain
language can be added to the lease in paragraph 15
"Indemnification" (..."and the use of leased premises
by tenants, agents, employees, etc.")
7
city Council Workshop
September 1, 1993
Page Eight
93.265
93.266/
92.004
Mr. Price concurred with the Airport Manager's
recommendation.
Mrs. Corum inquired about the road and septic tank
and the DCD said those items will be addressed
by Planning and Zoning during site plan review.
MOTION by Freeland/Corum
I make a motion that we approve the lease for
Clay Price with the added restrictions that were
mentioned by our Airport Manager and City Attorney.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Ce
Police Depart~eDt Operational ~tatus (Chief of
~olice Transmittal dated 8/~6/93 and Memo dated
8/24~93)
The Chief of Police was commended for his report and
his performance.
Proposed Interlocal Agreement Between City of
Sebastian and IndiaR River County Solid Waste
Disposal District ~ Direct Staff to Draf~
Resolution ~Director of Community Development
Transmittal ~ated 8/25]93, Brooks Letter dated
8/2/93, Proposed A~reement, R-92-05~
The Director of Community Development commented
briefly on the proposed expanded interlocal solid
waste agreement.
This item was scheduled for the September 8, 1993
regular meeting for approval.
8
city Council Workshop
September 1, 1993
Page Nine
93. 186 E.
Review ~roposed Ordinance No. 0-93-16 - Code
Enforcement Board_- Schedule First Reading for
9/8/93 ~n~ Public Hearing for 10/13~93 (Director
o__f Community Development Transmittal Oat~
8/26/93, Lulich Letter dated 6128/93, Kubes ~
dated 7/26/93, Proposed O-93-16)
Herbert Sturm, 549 Saunders Street, Sebastian,
offered suggested revisions to the proposed Code
Enforcement ordinance.
Following a lengthy discussion, Mayor Powell
suggested that Attorney Torpy review the tape of this
meeting to ascertain whether any changes need to be
made. city Council concurred.
Mrs. Corum said she wanted to hear the rest of Mr.
Sturm's input.
93.267/
93.010
Fe
Proposed Land Use and Zoning ~mendments Regarding
Riverfront Zoning (Director of Community
Development Transmittal dated 8/26/93, 1/6/93
Transmittal, DCD Memo dated 12/18/92~ 1/6/93
Minutes~ Map Under Separate Cover)
Shirley Kilkelly, 950 Franciscan Avenue, Sebastian,
expressed concern for a new zoning category
comparable to commercial general in this district,
inquired why Planning and Zoning recommendations were
not included in this backup and asked that they be
considered.
The Director of Community Development/Acting City
Manager said he was asking for concurrence with the
proposed location of the changes, stated that any
ordinances would have to go to Planning and Zoning,
and discussed current and proposed uses for a new
Riverfront zoning classification.
Mrs. Corum recommended that this be sent back to
Planning and Zoning for input.
TAPE II - SIDE II (9:48 p.m.)
City Council discussion followed.
Mr. Oberbeck was excused from 9:48 p.m. to 9:50 p.m.
9
city Council Workshop
September 1, 1993
Page Ten
Following a lengthy discussion on proposed uses and
location, it was the consensus of City Council to
direct staff to bring this to Planning and Zoning for
a recommendation.
93.268 G.
Review Park Policy (Director of Community
DeveloDment Transmittal dated 8/26/93, Current
a~d Suggested Policies, ~mith Memo dated 8/20/93,
Chief of Police Memo dated 8]17/93, DCD Me~o
dated 8/12/93~
A1 Vilardi, 445 Georgia Boulevard, Sebastian,
addressed City Council.
The City Attorney expressed concern for for-profit
sales in city parks.
Each City Council member offered input on the
suggested park restrictions.
TAPE III - SIDE I (10:28 p.m.)
city Council discussion continued and at 10:30 p.m.
motion was made.
MOTION by Freeland/Corum
I make a motion we extend ten minutes.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
It was decided to bring this item back for further
discussion at a later date.
93.269
Report Re: Old Church on Bob Circle [Director of
Community Development Transmittal dated 8/25/93)
The Director of Community Development requested
direction from City Council on requiring the owner to
repair or demolish the building.
10
city Council Workshop
September 1, 1993
Page
93.270
93.242
Mrs. Corum asked the owners if one year is sufficient
to repair the church.
Juanita Hunnicut, 701 Barber Street, Sebastian,
addressed City Council and said the new owner has
funding to renovate the building.
MOTION by Freeland/Damp
I make a motion to authorize staff to initiate
enforcement proceedings to have the church either
repaired or removed.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
SebastiaR Area Soccer Association Request Use of
Barber Street Sports Complex and Concession Stand
(city Engineer Transmittal dated 8/25/93. Richter
Memo dated 8/24/93~ Callahan Letter dated
8/24~93, Richter Letter undated and 8/23/93z
Cooper Letter dated 9/15~92, McClary Letter dated
6/10192, Pgs 3 & 4 Little League Lease)
MOTION by Oberbeck/Freeland
I move to approve it.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Jt
Police Pension Board_- Consider Filling Napier
Position ~cit~ Clerk Transmittal dated 8/26/93,
~aDier Resignation, Section 58-51, Committee List)
MOTION by Damp/Freeland
I make a motion to appoint Marge Poole to the
Police Pension Board.
11
city Council Workshop
September 1, 1993
Page Twelve
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
11.
Being no further business, Mayor Powell adjourned the
workshop at 10:40 p.m.
Approved at the ~~/~ ~
~.tt~rYc~e~ O'Hal'loran, CMC/AAE
· 1993· City Council
~ti~g, ~ / ~ /i/
12
GENERAL DEVELOPMF~NT UTILITW~S, INC.
RATE INCREASE REQUEST
APPLICATION - LIST OF EXHIBITS
Exhibits Submitted Into the Record 8/18/93
EXHIBIT $1 - GDU, Inc. - Sebastian Highlands Division - City of
Sebastian Rate Case - Test Year Ending 12/31/91
EXHIBIT #2 - Affidavit of Deborah D. Swain
EXHIBIT #3 - Affidavit of John F. Guastella
EXHIBIT ~4 - 8/13/93 Letter from Charles Fancher to Kathryn
O'Halloran re: T~Ms
EXHIBIT #5 - Rachlin & Cohen, Certified Public Accountants -
Report dated 8/9/93
EXHIBIT ~6 - 8/12/93 Letter from Attorney Robert Melson to
Attorney Charles Nash re: Rate Increase
Exhibits Submitted Int0 th__e Record 9/1/93 (see 9/1/93 minutes)
EXHIBIT - Affidavit of Deborah D. Swain
Ail exhibits are a part of the Genera/ Development Utilities Rate
increase Request file located in the City Clerk's vault -
Category WATER AND SEWER - Subcategory General Development
Utilities