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Home My WebLink About10061993 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, OCTOBER 6, 1993 - 6:30 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. PURPOSE: REVIEW AND TAKE ACTION ON PROPOSED JULIAN PROPERTY CONTRACT 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 93.261 4. REVIEW AND TAKE ACTION ON PROPOSED JULIAN PROPERTY CONTRACT (Director of Community Development Transmittal dated 9/28/93, FAX Cover Sheet, Proposed Agreement w/Revisions) 5. 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 OCTOBER 6, 1993 SPECIAL MEETING (Use this form ONLY for input on the special meeting prepared agenda. You will speak immediately prior to the subject after being recognized by the Mayor.) NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : NAME : ADDRESS : 2 City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, OCTOBER 6, 1993 - 6:30 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. pURPOSE: REVIEW ~ T~KE ACTION ON PROPOSED JULIAN PROPERTY CONTRACT Mayor Powell called the Special Meeting to order at 6:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum (6:45 p.m.) Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran Assistant City Attorney, Richard Torpy Director of Community Development, Bruce Cooper Finance Director, Marilyn Swichkow Deputy City Clerk, Sally Maio Special city Council Meeting October 6, 1993 Page Two 93.261 4. REVIEW AND TAKE ACTION ON PROPOSED JULIAN PROPERTX CONTRACT (Director of Community Development Transmittal dated 9~28/93. FAX Cover ~heet. Proposed Agreement w]Revisions~ The Director of Community Development reported that a contract has been submitted to First Union Bank with an offer of $1,250,000, however, the bank remained firm on $1,280,000; requested that City Council determine whether it wants to buy the property and what the price should be; and reiterated justification for the property purchase by listing proposed uses. Fred Mensing, 758 129th Street, Roseland, owner of abutting property, disputed the accuracy of the boundary survey done in 1990, said he had a survey done between 1985 and 1989 for which markers still exist, noted an engineering error from 1914 in the area of A.A. Berry Subdivision specifically Sections 21 and 30 (originally platted in 1989), said the original 1889 survey created two sixty foot roads on paper and the plats received by Indian River County when it was created did not include those roads, said city abandonment of right-of-way north of the City Hall complex done five or six years ago may create problems, said that FPL right-of-way will impact 45 acres of the property, indicated that another 80 acres will be impacted by environmental issues, said that the city is taking property off the tax rolls and noted that the city is not buying property but is buying a note. The Director of Community Development responded to Mr. Mensing's concerns, concurring that the city is actually buying a note, and said that the contract will have to be subject to title search. The Assistant city Attorney reiterated that the city is buying a mortgage and advised that there are two ways that the city can acquire the property by 1) having it voluntarily signed over to the city or 2) going through foreclosure. He went on to offer advice on foreclosure procedures the city would have to follow, recommended that another survey, updated appraisal and phase I environmental study be done. 2 Special City Council Meeting October 6, 1993 Page Three The Director of Community Development said Mr. Julian was amenable to signing the property over but had not commit to it. Discussion followed on possible liens, proposed uses for the property, possible sources of funding, and environmental issues. The Finance Director advised that it must be clearly established that the intent of City Council is to own the land and not to hold a mortgage note. City Council discussion continued. Mrs. Corum apologized for being late and staff brought her up to date on issues discussed prior to her arrival. The Director of Community Development reiterated that Fish and Wildlife gives no guarantee that it will sign off on requiring the city to acquire additional area for habitat even if it obtains this property. The Assistant City Attorney advised that if the city purchases the note it will not get the $130,000 owed it by Mr. Julian in accordance with Main Street realignment conditions and if the bank forecloses on Mr. Julian the city's lien will be wiped out. He stated that if the bank takes the land back and it is sold for monies above the value of the bank's mortgage, the city's lien could be recovered, however, this possibility is slim. He also advised, in accordance with a suggestion of Mr. Mensing, that the city could attempt to purchase the property at the foreclosure sale if the bank does foreclosure, although existing liens may have to be satisfied. Motion was made by Mrs. Corum that Council not sign the agreement and to direct staff to pursue obtaining the land and not the note, however, it died for lack of a second. Motion was made by Mr. Freeland to postpone any action on this at this time, however, it died for lack of a second. Special City Council Meeting October 6, 1993 Page MOTION by Damp/Powell I make a motion that we do not buy the Julian property. Mr. Oberbeck requested that the contract "not be bought under the present terms" to leave the door open for this or future Councils. Mrs. Damp andMr. Powell concurred with the addition. The Assistant City Attorney advised that "property" be changed to "note". ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Being no further business, Mayor Powell adjourned the Special Meeting at 7:22 p.m. Approved at the ~0_.~ ~-~. /_~ ,,,,.,~-~ , 1993, City Council City Clerk 4 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, OCTOBER 6, 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. PROCLAMATIONS/ANNOUNCEMENTS 93.293 Proclamation - American Association of Retired Persons - (Kay Rogers Accepting) 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. 93.294 Burgoon Berger - Request Removal of Specimen Tree - Three Pines - Lot l, Block 3, Unit 1, SH (Director of Community Development Transmittal dated 9/30/93) 7. MAYOR /%ND CITY COUNCIL MATTERS A. Mrs. Norma Damp B. Mr. Robert Freeland C. Mayor Lonnie R. Powell D. Vice-Mayor Frank Oberbeck E. Mrs. Carolyn Corum 8. CITY ATTORNEY M~TTERS 9. ~I~%NAGER MATTERS 10. WORKSHOP ITEMS 93.295 A. Golf Course Operations Report (Golf Course Manager Memo dated 9/28/93) 93.296 B. City Manager Job Description and Recruitment Costs (Personnel Director Transmittal dated 9/28/93, Draft Job Description, Proposed Ad, Recruitment Sources and Costs) 93.297 C. Police Pension Board Members (City Clerk Transmittal dated 10/1/93, Poole Memo dated 9/28/93) 93.298 D. Amend Holiday Meeting Schedule (City Clerk Transmittal dated 9/22/93, Calendars) 93.299 E. Southern Bell Fiber Optics Expansion (city Engineer Transmittal dated 9/29/93, Map) 93.300 F. Planning and Zoning Recommendation - Allow Drive- Through Facilities for Business and Professional Offices - Director Attorney to Draft Ordinance (Director of Community Development Transmittal dated 9/29/93, P & Z Memo dated 9/28/93, Proposed Language) 93.301 G. Recognition of Planning and Zoning Members (Community Development Transmittal dated 9/29/93, P & Z Memo dated 8/3/93) 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.) 2 PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET OCTOBER 6, 1993 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 : ADDRESS: 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. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. NAME : ADDRESS : ITEM NO.: SUBJECT : 93. 2 City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, OCTOBER 6, 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. Mayor Powell called the workshop to order at 7:30 p.m. The Pledge of Allegiance and Roll Call were previously addressed during the special meeting· following members were present. The Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran Assistant City Attorney, Richard Torpy Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Marilyn Swichkow Personnel Director, Wendy Widmann Utilities Director, Richard Votapka Golf Course Manager, Joseph O'Rourke Deputy City Clerk, Sally Maio city Council Workshop October 6, 1993 Page Two 93.293 93.294 ~ENDA ~ODIFiCATIONS IADDITIONS 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). None. 5. PROCLAMATIONS/~NNOUNCEMENTS Proclamation - American Association o__f Retired Persons - (Kay Rogers Accepting) Mayor Powell read and presented the proclamation to Kay Rogers. 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. Burgoon Berger - Request Removal of Specimen Tree - Three Pines - Lot 24, Block 3, Unit 1, SH (Director of Community Development Transmittal dated 9/30/93) MOTION by Oberbeck/Freeland I would move that we approve the consent agenda in its entirety. VOICE VOTE on the motion carried 5-0. 7. NAYOR AND CITy COUNCIL MATTERS A. Mrs. Norma Damp Mrs. Damp inquired about a $350 charge from the City Attorney for the Julian property contract; inquired about use of volunteers at the Golf Course and workers compensation coverage to which the Finance Director responded; and inquired what it would cost to do an audit of the golf course to which the Finance Director responded approximately $15,000. Discussion followed on alleviating members' concerns relative to reasons for golf course financial problems. 2 City Council Workshop October 6, 1993 Page Three B. Mr. Robert Freela~ Mr. Freeland said he had also talked to golf course members. C. Mayor LQnnie R~ Powell Mayor Powell continued the discussion on the golf course financial problems; discussed a letter to the editor of the Press Journal regarding alleged lack of discussion of taxes at the September 7 and 22, 1993 budget hearings; discussed Fish and Wildlife plans for habitat in the city to which the Director of Community Development responded that the city must act on developing a habitat conservation plan so that Fish and Wildlife will continue to issue letters of non-objection on building permits; stated that he wants representatives of Fish and Wildlife at the city's meetings relative to habitat; and directed the Acting city Manager to check into a street light for the Calvary Baptist Church. D. Vice-Mayor Frank Oberbeck Vice Mayor Oberbeck questioned the actions and statements of former candidates and elected officials and suggested that all citizens work together as a group. E. Mrs. Carolyn Coru~ Mrs. Corum reported that a 117 acre property bordering the Sebastian River in San Sebastian Springs east and west as proposed by Carl Fischer to the Indian River County Land Acquisition Committee was included in the Coraci purchase; discussed use of scrub mint as a pesticide; suggested that stricter standards be looked into for fuel tank farms; and discussed the "Keep America Beautiful" organization meeting in November. 8. CITY ATTORNEY MATTERS None. 9. CiTY MANAGER MATTERS The Acting City Manager requested direction to obtain bulk water from Indian River County for the proposed Walmart. It was the consensus of City Council to authorize her to do so. 3 City Council Workshop October 6, 1993 Page Four The Acting City Manager reported on a request from the Community Coach program for a grant in the amount of $5,000 and noted that in light of the already adopted budget she will have to respond in the negative. 10. WORKSHO~ 93.295 ae Golf Course Operations Report (Golf ~ours9 Manager Memo dated 9/28/93) The Golf Course Manager reiterated objectives and goals as submitted in his report to City Council as dated September 28, 1993. TAPE i - SIDE II (8:18 p.m.) A brief discussion followed, but no City Council action was required. Mayor Powell called recess at 8:23 p.m. and reconvened the meeting at 8:36 p.m. Ail members were present. 93.296 ~Manager Job Description ar~ddRecruitment Costs (Personnel Director Transmittal dated 9/28/93~ Draft Job Description. Proposed Ad, Recruitment Sources and costs) Peter Jones, 10761 U.S. 1, Sebastian, submitted.and read a letter to City Council for the record (see attached). He reported that a representative from "Keep America Beautiful" will be in the area on November 17th. The Personnel Director requested input from City Council members on City Manager recruitment procedures. Each City Councilmember offered his/her opinion on criteria for a screening committee, salary range, publications, and travel expenses. It was the consensus of City Council to concur with a salary range of $50-60,000, use free publications at this time, establish a minimum of a bachelor's degree with sufficient experience, to form a committee made up of a member of the Chamber of Commerce, Sebastian Property Owner's Association, City Clerk/Acting City Manager, County Administrator, Fran Adams - County Commissioner, with alternate Tom Nason, Vero Beach city Manager. 4 City Council Workshop October 6, 1993 Page Five city Council concurred with the job description with the addition of the statement "develops a team attitude among all city employees and elected officials" under Illustrativ9 Duties. 93.297 Police Pension Board Members ~city Clerk Transmittal dated 10/1/93, ~oole Memo dated 9/28/93] MOTION by Oberbeck/Freeland I would recommend that we reappoint Marge Poole and Attorney Gregory Gore to the Police Pension Board for two year terms to expire October 1995. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. oberbeck - aye MOTION CARRIED 5-0 93.298 Amend Holiday Meeting Schedule (City Clerk Transmittal dated 9/22/93. Calendars) Mr. Oberbeck recommended that the second regular meeting in November be moved to the 17th. A voice vote was taken and all members concurred. TAPE II - SIDE I (9:20 p.m.) Mr. Oberbeck recommended that the second regular meeting in December be moved to the 15th. A voice vote was taken and all members concurred. The Special Meeting on the Habitat Conservation Plan was scheduled for October 26, 1993. 93.299 Southern Bell Fiber Optics Expansion (City Engineer Transmittal dated 9J29/93= Map) Southern Bell representative, Jim Kiernan, addressed City Council on the proposed program to install fiber optic cable in the area and assured them that he would keep the city informed on the program schedule. 5 City Council Workshop October 6, 1993 Page Six 93.300 F. Planning and Zoning Recommendation - Allow Drive- Through Facilities ~Or Business and Professional Offices - Director Attorney to Draft Ordinance (Director o__f Community Development Transmittal dated 9/29/93~ ~ i Z Memo dated 9~28/93. Proposed Language) Following a brief discussion, it was the consensus of city Council to direct the City Attorney to draft an ordinance amending the Land Development Code to provide drive-through facilities for business and professional offices within the Commercial Limited zoning district. 93.301 Recognition of planning and Zoninq Members (Community Development Transmittal dated 9/29/93. P & Z Memo dated 8/3/93) J.W. "Tommy" Thompson, 125 Main Street, Sebastian, recommended that board members be honored with plaques rather than certificates. city Council discussion followed. Different ideas were presented and a motion was made which died for lack of second. MOTION by Freeland/Powell I would make a motion that we award a plaque to all board members at time of their leaving the board with no time limit. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay MOTION CARRIED 4-1 (Corum - nay) 11. Being no further business, Mayor Powell adjourned the workshop at 9:48 p.m. <~.. '(~_,t~ ',~'"~ ~__~/~~ k....._J.,,~,~ ~R. Power, ~ayor /' Kathryn~M, O'Halloran, CMC/AAE City Clerk 6 THIS CHAMBER OF COMMERCE Oc~ber 6, 1993 Mr. Lonnie Powell, Mayor Members City Council City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mayor and City Council Members: As you begin your formal discussions regarding the process of the selection of our next City Manager, please know that this Chamber is fully cognizant of, and appreciates the importance, if not the gravity of your ultimate decision. Given the parameters of our business climate, current and future growth factors and the community's desire for a quality standard of living, we need a highly knowledgeable and experienced individual as City Manager. The person you have the responsibility of selecting must be capable of addressing the realities of economic development as they relate to infra~tracture, development regulations, public amenities, creative incentive programs and the like. The person you have the responsibility of selecting must also be capable of, and allowed to help you, City staff, and most importantly, the electorate, become bet~r informed and realistic about what must be accomplished if we are to have any hope of attracting meaningful economic development that can help mitigate the rising costs of services that will be required of the City. Our Chamber Mission Statement binds us, as a Chamber, to "promote economic development and enhance the quahty of life in our community, focusing on educating members and the community on the need for involved, committed leadership". With this in mind, we beheve that the process of selection that you are to begin should be inclusive. That is, it should allow for and accommodate input from those who have a vested interest in our present and our future. Resident, business owner, retired, semi-retired, service club member, property owner, concerned citizen alike, to mention a few. All need the on-going stability of a professional manager who can lend continuity and credibility to the administration of policy, regardless of the changes that our electoral process brings. 1302 U.S. #1 ,~ SEBASTIAN, FLORIDA 32958 PHONE (407) 589-5969 Mr. Lonnie Powell, Mayor and City Council Members October 6, 1993 Page Two This Chamber believes that you can and will seek the right path for this important process, and that finding it, you will follow it. We stand rea. dy to work with you in any way deemed appropriate. Thank you for your consideration. Very truly yours, THE SEBASTIAN RIVER AREA CHAMBER OF COMMERCE Peter W. Jones, President