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HomeMy WebLinkAbout12/5/1990BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA JOINT MEETING OF CITY OF SEBASTIAN/ INDIAN RIVER COUNTY WEDNESDAY, DECEMBER 5, 1990 7:00 P.M. - FIRST FLOOR CONFERENCE ROOM COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman Richard N. Bird, Vice Chairman Margaret C. Bowman Don C. Scurlock, Jr. Gary C. Wheeler SEBASTIAN CITY COUNCIL W. E. Conyers, Mayor Frank Oberbeck, Vice -Chairman Robert McCollum Lloyd Rondeau James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board Rob McClary, City Manager Charles Nash, City Attorney Lonnie Powell Katherine O'Halloran, City Clerk 7:00 p.m. City of Sebastian/ Indian River County Joint Meeting ( Letter dated November 26, 1990 ) 1. Riverfront Study 2. Indian River Drive -3. North County Recreation 14. County Utilities 5. CR 512 Improvements ADDED: AIRPORT ZONING RESTRICTIONS ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. DEC 5 1990 .►{o�K �.,E' SPECIAL JOINT MEETING WITH SEBASTIAN CITY COUNCIL Wednesday, December 5, 1990 The Board of County Commissioners of Indian River County, Florida, met in Joint Session with the Sebastian City Council, in the First Floor Conference Room of the County Administration Building, 1840 25th Street, Vero Beach, Florida, on Wednesday, December 5, 1990, at 7:00 o'clock P.M. Present from the County Commission were Carolyn K. Eggert, Chairman; Richard N. Bird, Vice Chairman; Margaret C. Bowman; Don C. Scurlock, Jr.; and Gary C. Wheeler. Also present were James E. Chandler, County Adminis- trator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Barbara Bonnah, Deputy Clerk. Present from the City of Sebastian were W. E. Conyers, Mayor; Frank Oberbeck, Vice -Chairman; Councilman Robert McCollum; and Councilman Lonnie Powell. Absent was Councilman Lloyd Rondeau. Also present were Rob McClary, City Manager; Charles Nash, City Attorney; and Katherine O'Halloran, City Clerk. Chairman Eggert called the meeting to order. The Board and Council reviewed the following letter dated 11/26/90: ��Q� EC 5.1990 i�� F,y:�,i= DEC 51990 ng City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 ?''J TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 November 26, 1990 Mr. James Chandler Indian River County Administrator 1840 25th Street Vero Beach, FL 32960 Re: City/County Meeting Dear Jim: This will confirm the City/County Meeting to be held on December 5, 1990 at 7:00 p.m., in the first floor conference room of the County Administration Building. The City wishes to discuss the following items: 1. Riverfront Study. The City Council has recently appointed a special committee to preserve and enhance Sebastian's beautiful riverfront. Since the County has jurisdiction of the unincorporated territory to the City's north and south within the riverfront area, we feel it would be appropriate for the County to participate in this committee. For your information, we have enclosed a draft work program prepared by Sebastian City staff. 2. Indian River Drive. Currently, Indian River County has complete jurisdiction and maintenance responsibility for Indian River Drive, including that portion of Indian River Drive which is within the City limits. With the anticipated riverfront district, we feel the City should have as much jurisdiction as possible over Indian River Drive, including maintenance responsibility. The City is willing to consider assuming jurisdiction and maintenance responsibility for Indian River Drive provided Indian River County will make several repairs to bring the condition of the street up to what we would consider acceptable. Currently, there are several minor pavement problems which need to be corrected and we would ask Indian River County to remove all dead and dying Australian Pines from within the right-of-way, including the stumps. 3. North County Recreation. The City and County have jointly funded improvements to the Barber Street Sports Complex. City and County staff have worked out details on recreation programming for this facility. For your information, we have enclosed certain correspondence which outlines the approach being utilized to program the facility. We would like to review the status of the project, discuss its programming and to set a tone and general direction for future coordination and cooperation for North County Recreation. 4. County Utilities. The City continues to maintain an active interest in the installation of water and sewer utilities by Indian River County. We would appreciate a briefing on the status on this project as well as discussion on how the City could continue to facilitate and work with the County for the County's acquisition of General Development Utilities water and sewer systems within the City. 2 5. CR 512 Improvements. The County is getting closer to constructing improvements to CR 512. Several issues affect our community, including the proposed twin -pair design of the intersection of CR 512 and U.S. #1. Also, we have been asked by the Friends of the Library to construct a bicycle/pedestrian way to the new North Indian River County Library. Further, we are concerned about existing safety problems on CR 512, such as the intersection of CR 512 and Barber Street. We should appreciate a status report on the CR 512 project and an opportunity to address our concerns. We look forward to meeting with you on December 5, 1990 -_-- Sincerely, get. -,-r 7v, Robert S. McClary City Manager- RIVERFRONT STUDY After City Manager Rob McClary gave a brief update on the City's plans to create a special riverfront district, Commissioner Scurlock pointed out that some of the options being discussed by the Riverfront Committee would have great impact on the County's ongoing installation of sewer lines and future plans for a water system. Chairman Eggert felt it would be best if the County and City staffs get together on the waterfront plans and perhaps a Commissioner could serve on the Sebastian Riverfront Committee to keep us abreast of what the Committee i§ -doing, especially in regard to utilities. Commissioner Scurlock stated that he would be happy to serve. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously appointed Commissioner Scurlock as the County's representative to serve as a non-voting member on the Sebastian Riverfront Committee. BOOK FA E 0 DEC 5 1990 1 DEC 51990 no INDIAN RIVER DRIVE Mr. McClary explained that the City is looking for greater jurisdiction regarding Indian River Drive and is willing to take over the maintenance responsibility for that part of Indian River Drive lying in the incorporated area of Sebastian provided that the County is willing to make several repairs to bring the condition of the street up to what they feel is acceptable. He felt that the road could be turned over to the City through an interlocal agreement. County Administrator Jim Chandler advised that the County is in the process of cutting down approximately 60 dead Australian pines in the right-of-way along the Drive and there are about 10 more to come down. The County has spent about $13,000 so far this year in the removal of the trees. Vice Chairman Frank Oberbeck noted that the City does no! intend to do anything along the Drive unless it is totally coordinated with the County. The idea is to control the development so that it matches up with the area, and they need the road to do it so that it comes out uniform. The whole idea is to keep it waterfront property. He pointed out the problems in right-of-way with regard to bike paths, etc., and asked if consideration could be given to having 14-16 foot widths for short distances in the one-way sections of the road in order to create amusement areas by the waterfront. Councilman McCollum pointed out several streets where the County/City boundary line goes right down the middle of the road, and he-'f-elt those particular streets could be turned over to the City at the same time as Indian River Drive. As examples, he cited Durant and other streets on the very outskirts of the city limits. Commissioner Scurlock felt we could do that either by turning the road over or having a maintenance contract with the City. 4 Chairman Eggert agreed to have staff look into that also. Councilman Oberbeck felt the concept for Indian River Drive being a scenic road was great, but felt that adequate parking space may be a problem, especially if a boardwalk is built along the river. Chairman Eggert agreed that the concept was great and didn't feel there is any hesitancy on the part of the County to cooperate in these matters. Commissioner Wheeler advised that tourist tax monies allocated for that district would be available, and Commissioner Scurlock pointed out that those monies are bondable. NORTH COUNTY RECREATION Mr. McClary thanked the County for their 50o participation in funding the improvements to the Barber Street Sports Complex. They plan on having their grand opening in February. The County will be doing the bulk of the programming, and the City will be doing the maintenance. Mr. McClary advised that the funding has been going along real smoothly, and they are looking forward to a new round of funding in the 1991-92 fiscal year. Administrator Chandler advised that the cost of the lighting expense will be incorporated into the program fee structure. COUNTY UTILITIES Commissioner Scurlock wished to address three main items under utilities: General Development Utilities, the County's wastewater treatment plants in the north area, and the emphasis of phasing in water service in the north area. 1) General Development Utilities Commissioner Scurlock advised that the County has requested that the City of Sebastian assign the rights of the franchise agreement with GDU because GDU has denied the County access to do C INV5 BOOK F,1-,Ee� EC 5 1990 n) . 8? oFADE io _ an evaluation of the system in preparation for a potential acquisition, indicating that we have no right to enter the property. They have indicated to us that if the rights of the franchise were assigned to the County, they would allow us to proceed. He felt the best potential to acquiring the utility is through the franchise agreement; so, whatever the Council can do to convey some rights to us in terms of being able to get on site, it would be appreciated. The attorneys can work that out, but until we do that, CH2M Hill cannot get on site to make their evaluation and we don't have any numbers to review. Mr. McClary advised that a year and a half ago the County reviewed their position on the franchise with GDU, which ultimately is to make sure that Indian River County is the sole provider of water and sewer within the corporate limits. The effect of that is to put County staff in mode to sit down and attempt to negotiate with GDU. Obviously, everyone had hoped that GDU would come to the bargaining table with their sleeves rolled up and get the job done, but that hasn't happened, and they are at a point where they feel a bigger carrot and a longer stick is needed. He explained that under the franchise agreement with GDU, the City has the ability to assign the rights to the County. The franchise agreement contains a clause that says the City can buy out the system unilaterally, but the City prefers not to take an active role in that process unless it is really necessary since the ownership of GDU ultimately will go to the County. However, we may be able to save some time and dollars by assigning the franchise, or at least the City's rights within the franchise to acquire. There are some provisions the City wants to retain as long as GDU is operating. Mainly, they want to make sure that the franchise fees, taxes and revenues keep coming in, and want to continue regulating the rates. They understand that the County isn't looking for any revenue, but just wants the opportunity to get in there and force a sale, and they agree with that position. 6 - M M City Attorney Charles Nash advised that he and Attorney Vitunac had a chance to go over the drafts, and while Attorney Vitunac is comfortable with the drafts, a few revisions need to be made. They plan to place the item on the agenda for next week's Council meeting. Commissioner Scurlock felt that will get the ball rolling. 2) Wastewater treatment_ projects_ in the north county Utilities Director Terry Pinto advised.that the main trans- m?ssion line for the north county regional treatment plant on Hobart Park is installed. The line runs all the way through the City and connects to the County on the north side of the City. The contractor is in the process of doing the final restoration, and connection now can take place. Everything is moving along very well, and we have retained the engineers to look at the Sebastian riverfront area where Indian River Drive comes out at U.S. #1 all the way to the county line between U.S. #1 and the river. The engineers will come in and look at that entire area to determine in sections what is the very best way to service the individual development that takes place in there. That is why it is so important for the County to know what is going to be built there. We are making arrangements for the existing development so that they can connect immediately. Commissioner SCUrlock pointed out that wastewater capacity is very critical to the growing Sebastian area because ever/ bit of this newest capacity is already spoken for, and the only way for an individual to reserve capacity is if someone else cancels theirs. The plant is not even up and running, and we are already looking at another 1 -million gallons a day expansion. What this means is that when the next window of opportunity comes up for someone looking for utilities in that corridor within the next 5 years, they better come in when we have our public meetings and make that known so the County can plan for future expansion. CEC 5 1990 ' ' BOOK �PAU �.(� HOK PAGE V Commissioner Scurlock continued at length cautioning about the importance of reserving capacity. Director Pinto anticipated that within the next 3 months, everyone of the package plants will be off line and tied into the north county plant and there will not be any direct or indirect discharge into the Indian River. He advised that the County will be in Sebastian in February talking about what the first phase will be with regard to servicing the area with water. He stressed the fact that the County has no reason to expand the system unless there are people out there who want the service and are willing to pay for it. 3) The emphasis on phasing in water service Commissioner Scurlock reiterated that we can build as much water and wastewater as the public wants, but we have to be put on notice so that we can make provisions. These windows of opportunity are going to happen, and somehow the Sebastian Council and the County Commission are going to have to find a way to tell the people more about what it is and what they are going to have to do so they won't be sitting on their properties waiting for utilities. Director Pinto advised that the County has purchased a site on Hobart Road for the new water plant, but the line has to be paid for by all those who front that line, and those people must make a financial commitment before the line can be constructed. Jerry Strnad asked if Utilities have any plans for servicing the nevT high school once it is built, and Commissioner Scurlock explained that we are interfacing with the school system and have ongoing communication. We don't have the final answer yet, but that is another project that cannot be done without the infrastructure being in place. 8 COUNTY ROAD 512 IMPROVEMENTS Public Works Director Jim Davis referred to the preliminary drawings of the project that begins at the southwest corner of town, just west of Roseland Road and goes from the existing two-lane road to a 4 -lane divided highway, which will be expandable to 6 lanes. Phase one of the project is to construct a divided 4 -lane, median -type roadway that will progress northeasterly to a point where the County purchased the old railroad right-of-way that goes through Sebastian. Back in the mid 1980s when the opportunity arose to purchase that railroad right-of-way, the County paid $300,000 for a 100 -ft. wide corridor which transverses all the way through the Highlands community. There is approximately two and a half miles of corridor, and only a short section, roughly 4,000 feet, lies in the controversial area in the portion where it actually splits from the road right-of-way. Most of that railroad r/w is alongside the existing CR -512 r/w except in the eastern area. There is a very narrow strip of utility r/w owned by GDU, but we would have to go to court for that, and it is so narrow it really isn't usable. The City of Sebastian adopted a resolution in 1988 supporting the project, including the split pair design. The County then began to negotiate with the FEC with regard to.getting a new crossing. We are at a point now where the railroad is amenable to giving a new crossing if the County gives up the Bay Street crossing and the 87th Street crossing. Those negotiations are in the final stages, and although we prefer not to give up any railroad crossings, it appears that we must do so. Basically, the engineering is done, and we already have sent out a request for proposal for getting a portion of the pavement done. County staff feels comfortable that the split design is the most effective way to provide a 4 -lane highway at this time and the ability to expand it to a 6 -Fane facility in the future. The two intersections on U.S. #1 would be tied together with synchronization. Director Davis DEC 51990 9 BOOK. PAL 101 BOOK 821 PAGE presented graphs showing the design of the two intersections, and noted that there are very few commercial uses fronting the short section of the existing CR -512 roadway. We are taking measures to buffer the mobile home park in that area as we have 100 feet of r/w and 76 feet of green area to work with. We could build a masonry wall or a vegetation type buffering, which has worked well in other areas of the county, particularly along Indian River Boulevard. Commissioner Bird wanted to make it clear that the County has stuck by the concept of the split pair design because it is the most cost effective way and the safest way to get traffic off of CR -512 onto U.S. #1, and not just because we bought the railroad right-of-way several years ago. County Engineer Roger Cain explained how the updated cost estimates on the project made the split pair design the most cost effective, the major reason being that it follows the existing CR -512 alignment most of the way. He pointed out that there will have to be a crossing expansion regardless of which crossing is used. Dr. Henry Fischer disagreed that there is just limited commercial in that short stretch of CR -512 before it reaches U.S. #1. He emphasized that there are 23 retail businesses right on CR -512 west of the railroad tracks. Vice Chairman Oberbeck felt those property owners along CR -512 would be happy to sell that r/w so that the road could be expanded along there rather than being split, but Director Davis defended his position of the split pair being the most cost effective design. Dr. Fischer felt that nobody will buy the argument that you can build two roads cheaper than just one, but Director Davis stressed that we actually are building only one 2 -lane road. He explained that widening CR -512 would be more expensive. There is a difference of approximately $800,000 between the two alternatives. 10 - M Discussion ensued regarding the split pair design, and several people in attendance who did not give their names voiced their concerns about the alignment and the possibility of expanding the existing crossing. Commissioner Scurlock suggested that the new City Council adopt a new resolution supporting the split pair design, but Mayor Conyers felt that wasn't necessary since nothing rj-filly has changed and since there would be significant savings with the split pair design. He did see some difficulty in a 2 -lane road coming over the hill there by the railroad and coming to a dead stop at U.S. #1. He personally liked the idea of the twin pair design. Some people in attendance wanted to know when the public hearings would be held on this matter, because they felt that this design had been shoved down their throats the last time that Director Davis had come to Sebastian. Commissioner Wheeler remembered two joint public hearings that were held in Sebastian that were attended by both the County Commission and the City Council where the engineering staff explained the County's intent to go with the split pair desion. If there is a problem with the design of the road and the people don't want this design, he would suggest that they go back to City Council and make their preferences known. The County's professional staff has given their professional opinion that the split pair design is the most cost effective and safest way to build the road. He felt that many options have been considered and that Director Davis would be willing to present his arguments again at another public hearing. Commissioner Scurlock concurred that if the people need another public meeting on this matter, we should schedule one, but the Board feels that our staff has recommended a good program. D E C 51990 r DEC 199® BOOK VJ i'A,TE AG Mayor Conyers asked if there is any part of this overall project that can be started nov.•, and Director Davis explained that we have broken the project into two pieces from west of the new elementary school. One project will be southwesterly and will involve a 4 -lane highway and they will proceed just as fast as possible to get this out to bid in 90-120 days. After the bids are in, it would be 6 months before we can start construction, probably by next June. That stretch will cost $1.7 million. There will be enough money to fund that portion and then as revenues come in, we will have $300,000, and then whatever comes in through other revenue sources will be used to fund the next phase. Administrator Chandler advised that based on the last couple of years, the monies coming in would amount to approximately $500,000, so there would be sufficient monies to build phase 'two. Commissioner Scurlock offered again to hold another public hearing in Sebastian or have Director Davis and his staff go up to Sebastian to explain the alternatives to the people. Vice Chairman Oberbeck agreed that another meeting would be worthwhile with Director Davis and his staff representing the County to explain to the people the alternatives and the cost difference. Commissioner Scurlock pointed out that the Council will have to take under consideration the time loss in redesigning the road, and Director Davis estimated that if everyone cooperated on the right-of-way, it would probably take at least one year to accomp'rish the redesign, engineering, etc. George Metcalf, former councilman, recalled that long before this ever got going he was appointed by the mayor at that time to help the original consultant and there was opposition from two groups, one being the North County Businessmen's Association. However, a lot of the businessmen backed down and ended up supporting the split pair design. He emphasized that Director 12 a M Davis and all the County engineers and planners gave unlimited time to keeping people informed on the impacts of the project. He believed there had been 3 public hearings going as far back as 1986. There wasn't any problem then, but now all of a sudden there is, and he cannot help but feel that those who have spoken against the project tonight have a personal interest. Chairman Eggert noted that the following letter was received from Lambert Real Estate, Inc.: •� c3� DISTRIBUTION LIST e.Z,L c` i I Commasioners N e� 9911 rn Administrator L L ' R L ESTATE, IN�torney i IN 1G1,AUTIF� SEBASTIAN RIVER AREA Personnel ` , `�'�'"W he Tropics Begin" Public Works 1��9151b1��2 � 9 Community uev. Utilities Finance ---=-� ,r ! E.C� : C! Box 780187 Other STIAN, FLORIDA 32978-0187 (305)589.8700 November 30,199b County Commissioners Sebastian City Council Re: Parcel # 07-31-39-00000-3000-00007.0 As the owners of one of the few impacted properties on CR 512, we take this opportunity to express our opinion of the on-going hassle over the twin pair portion of CR 512. Our property has 300' fronting existing CR 512 with 176' fronting on the County owned Railroad R/W. Our first preference would be to put all four lanes on the Railroad R/W, leaving that portion of existing CR 512 from Old Dixie to just West of the elementary school as a service road to serve the commercial businesses along that span. This would have several desirable results: (1)' The need for the 74' setback currently required on that portion of commercial CR 512 would be eliminated. This should please those owners, who could than utilize their entire property. (2) The proposed new FEC Railroad crossing would be at grade. Closing the existing crossing at US 1 and CR 512 would eliminate the hill and the difficult, if not dangerous, crossing. (3) The entire ROW, from CR,510 to U.S.#1 is already owned by the County. 13 BOOK 1 DEC b'990 I r . • 7 BOOK 8 p NAGE i 142 (4) Louisiana St. could be widened -between "old 512" and "new 512 and would provide excellant access to the commerical district thus created. (5) All traffic from 512 would enter U.S.#1 at a blind intersection and the problem of oncoming traffic would be eliminated. Our second preference is the twin pair concept. The worst senario, in our opinion, would be to have 4 lanes on existing CR 512. The several curves would still be there, the dangerous FEC Railroad crossing and US # 1 intersection would be compounded and the cost of acquiring additional right-of-way and the disposition of the large lake East of the Town Star Convenience store would be horrendous! Our elected officials are the caretakers of our ' taxdol lars and we% feel' that this additional, and unnecessary, expense to the taxpayers would be <inexcusable! We have a hard time understanding why a few people'':have consistently taken a position of opposing either putting all four lanes on the Railroad R/W or the twin pairs concept. To our knowledge, none of these people making statements to the press and at public meetings own any property in the impacted area. None of the businesses in this area depend on transient customers. All are geared to local customers. . We have more travelers stopping at . directions, maps and occasionally to our Real Estate office for inquire about property. :.Never the less, we definitely support the twin pairs 'over'4 -laning existing CR 512. We have sat in on public hearings regarding•CR 512 and we applauded the action of Sebastian City Council when they adopted Resolution No. R-88-77. CR 512 has been bandied around since 1984. Construction costs are going up every -year. Let's get on with it before we are'all too old to use -it! R' a d 0.' L rt P Pat H.., Lambert Mike Dudeck of Engineering pointed out that if the split pair design is not used, the old alignment would result in the road terminating right in the middle of the Indian River Drive/riverfront project. The split pair design would divert that traffic and give more flexibility in developing the river -front project. 14 - M M Considerable discussion ensued on the northern section of the alignment. Commissioner Scurlock felt that the Commission is not going to change its position on the design of the roadway unless we get some direction from the Sebastian City Council, but Vice Chairman Oberbeck stressed that they were not here tonight to change the position, but only to get information. Commissioner Wheeler emphasized that the Board did not want to give up two crossings for one, but the bottom line is time and dollars and our chances of winning that fight with the FEC is less than even. We started out with the FEC wanting 4 crossings, then 3, and now we have negotiated it down to two crossings. Chairman Eggert _felt the direction to staff -tonight is to continue with the split pair design unless we hear differently from the City Council. ADDED ITEM - AIRPORT Vice Chairman Oberbeck wished to add an item to the Agenda regarding recent legislation that has to do with airport zoning regulations. only. The Board agreed to add this item for informational purposes Bruce Cooper of the City's Community Development Department distributed copies of a small map and excerpts from Chapter 90-136 of Florida Statutes. He explained that recent legislation requires that the County adopt some kind of zoning ordinance that would restrict incompatible uses on property adjacent to airports, which most likely would be residential development. Realistically, he didn't feel it was going to be too much of an impact to the County itself at this point because of the nature of the property adjacent to the airport. They would be working with Robert Keating, the County's Community Development Director, and his staff to work out an interim zoning ordinance. 15 r�oclK " [A, ..It) I DEC 51990I BOOK 8 20 F'AI'JEi�iL� Chairman Eggert felt that once the Commissioners had a chance to read this information, they would have more questions, and Commissioner Bird interjected that County staff would be bringing this back to the Board at an appropriate time with some recommendations for zoning amendments. Commissioner Scurlock asked if the interim rezoning ordinance would require a Comp Plan amendment, but Mr. Cooper didn't believe it would. Chairman Eggert thanked everyone for coming, and everyone seemed to agree that this meeting had been very informative. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:00 o'clock P.M. ATTEST; Clerk C rman 16