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Home My WebLink About01091991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 9, 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. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Donald Swope, Sebastian Presbyterian Church 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7. PUBLIC HEARING, FINAL ACTION 90.203 A. ORDINANCE NO. 0-90-12 - Fences and Walls AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGARDING FENCES AND WALLS; AMENDING SECTION 20A-5.9 OF THE LAND DEVELOPMENT CODE TO REQUIRE FENCE PERMITS FOR THE ERECTION OF FENCES AND WALLS; PROVIDING FOR APPLICATION PROCEDURES AND GUIDELINES IN THE ISSUANCE OF FENCE PERMITS; PROVIDING FOR THE TYPES OF FENCES AND WALLS PERMITTED; PROVIDING FOR RESIDENTIAL AREA LIMITATIONS AND RESTRICTIONS IN THE ERECTION OF FENCES AND WALLS, INCLUDING FRONT YARD FENCES; PROVIDING FOR GUIDELINES 1 91.017 91.018 90.291 90.292 91.019 91.020 91.021 REGARDING FENCES AND WALLS WITHIN EASEMENTS; PROVIDING FOR PROHIBITED TYPES OF FENCES AND WALLS; PROVIDING FOR REQUIRED SCREENS FOR GARBAGE, REFUSE DUMPSTERS; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 12/12/91, Advertised 12/26/90, PH 1/9/91) 8. PUBLIC INPUT A. Non-Agenda Items 1. Boy Scout Troop 598 - Citizenship - Bob Gray Indian River Yellow Cab, Inc. - Accept Application for Permit and Certificate of Public Convenience and Necessity - Set Public Hearing January 23, 1991 (City Manager Recommendation dated 1/3/91, Application) B. Agenda Items CONSENT AGENDA Approval of Minutes - 12/12/90 Regular Meeting, 12/19/90 Special Meeting, 1/2/91 Workshop Employee Recruitment Expenses - Concur with City Manager Recommendation to Re-Enact Motions (City Manager Recommendation dated 12/19/90) Waive Bid Procedure - Barber Street Sports Complex - Purchase Light Fixtures from Musco Lighting - $8900 (Staff Recommendation dated 12/27/90, City Manager Recommendation dated 12/31/90) Waive Bid Procedure - Barber Street Sports Complex - Purchase Poles from South Eastern Prestressed Concrete - $3779 (Staff Recommendation dated 12/27/90, City Manager Recommendation dated 12/31/90) Waive Bid Procedure - Barber Street Sports Complex - Installation of Poles - Gerald R. Page Corporation - Approximately $3,500 (Staff Recommendation dated 12/27/90, City Manager Recommendation dated 12/31/90) 91.022 91.023 91.024 90.226 91.025 91.026 90.277 10. 12. Waive Bid Procedure - Barber Street Sports Complex - Purchase Scoreboard from Nevco - $2,095.50 (Staff Recommendation dated 12/27/90, City Manager Recommendation dated 12/31/90) St. Sebastian Catholic Church Festival - Waive Permit Fees (Staff Recommendation dated 1/2/91, Letter from Dernbach dated 12/26/90) PRESENTATIONS - None COMMITTEE REPORTS/RECOMMENDATIONS A. CODE ENFORCEMENT BOARD Presentation of Code Enforcement Orders - Case Nos. 90-4544, 90-4545, 90-4360 OLD BUSINESS ORDINANCE NO. O-91-01 - Political Signs - 2nd Draft (Staff Recommendation dated 1/3/91) FIRST READING, SET PUBLIC HEARING AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGARDING POLITICAL SIGNS; AMENDING SECTION 20A-15.3 TO PROVIDE FOR NEW AND ADDITIONAL DEFINITIONS; AMENDING SECTION 20A-15.6B TO PROHIBIT THE PLACEMENT OF POLITICAL SIGNS ON PUBLIC PROPERTY AND TO REGULATE THE PLACEMENT AND REMOVAL OF POLITICAL SIGNS ON PRIVATELY OWNED PROPERTY IN RESIDENTIAL AND NONRESIDENTIAL DISTRICTS; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CiTY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) 13. NEW BUSINESS Golf Course Parking Lot (Staff Recommendation dated 1/3/91, Site Plan Under Separate Cover) F-91 Street Improvement Program (City Manager Recommendation dated 12/19/90) 14. MAYOR'S MATTERS 3 91.027 91.028 88.193 90.133 15. COUNCIL MATTERS A. Vice Mayor Oberbeck 1. Letter from Darryl Thompson Re: Holiday Celebrations (Letter dated 12/28/90) B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau 16. CITY ATTORNEY MATTERS 17. CITY MANAGER MATTERS A. Fourth of July Committee (Letter from Vickers dated 1/3/91) B. Police Station Status Report (Chief Petty) (No Backup) 18. 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.) 4 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, JANUARY 9, 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 Reverend Donald Swope, Sebastian Presbyterian Church. 4. ROLL CALL Present: Mayor W.E. Conyers Councilman Robert McCollum Vice Mayor Frank Oberbeck Councilman Lonnie Powell Absent: Councilman Lloyd Rondeau (excused) Also Present: City Manager, Robert McClary Attorney Richard Torpy Attorney Mike Driscoll Director of Community Development, Bruce Cooper Chief of Police, Earle Petty Golf Course Manager, Jim DeLarme City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting January 9, 1991 Page Two 90.203 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) At the request of Mayor Conyers, Ron Harsh, 986 Montrose, Sebastian, presented a request for use of Riverview Park for a fundraiser car show for the benefit of Teens Against Boredom on April 13, 1991 in conjunction with a 5K run and dance party at Captain Hiram's River Raw Bar. MOTION by Powell/Oberbeck I move we place Mr. Harsh's suggestion on the agenda. VOICE VOTE on the motion carried 4-0. MOTION by McCollum/Oberbeck I move we allow Teens Against Boredom to use the park on April 13, 1991 for a car show. Mr. Harsh was advised to meet with staff to discuss parking of cars in the park, to come up with a rain date and submit it for approval and to contact the Health Department regarding sale of food in the park. ROLL CALL: Councilman McCollum Vice Mayor Oberbeck Councilman Powell Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS None. 7. PUBLIC HEARING, FINAL ACTION A. ORDINANCE NO. O-90-12 - Fences and Walls AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGARDING FENCES AND WALLS; AMENDING SECTION 20A-5.9 OF THE LAND DEVELOPMENT CODE TO REQUIRE FENCE PERMITS FOR THE ERECTION OF FENCES AND WALLS; PROVIDING FOR APPLICATION PROCEDURES AND GUIDELINES IN THE ISSUANCE OF FENCE PERMITS; PROVIDING FOR THE TYPES OF FENCES AND WALLS PERMITTED; PROVIDING FOR RESIDENTIAL AREA LIMITATIONS AND RESTRICTIONS IN THE ERECTION OF FENCES AND WALLS, INCLUDING FRONT YARD FENCES; PROVIDING FOR GUIDELINES REGARDING FENCES AND WALLS WITHIN EASEMENTS; Regular City Council Meeting January 9, 1991 Page Four 91.018 2. Indian River Yellow CabL Inc. - Accept Application for Permit and Certificate of Public Convenience and Necessity - Set Public Hearing January 23, 1991 (City Manager Recommendation dated 1/3/91, Application) Dan Michael, President, Indian River Yellow Cab, addressed Council. Vice Mayor Oberbeck requested that Mr. Michael submit updated corporate papers. It was determined that insurance requirements had been meet. The City Manager advised that Council instruct the City Attorney to draft a resolution as part of its motion. MOTION by Oberbeck/Powell I move to establish a public hearing for the application of Indian River Yellow Cab Co., inc. for January 23, 1991 and to direct our City Attorney to prepare a resolution. ROLL CALL: Councilman Powell Mayor Conyers Councilman McCollum Vice Mayor Oberbeck aye aye aye aye MOTION CARRIED 4-0. B. Agenda Items Arther R. Martella, 120 Lancaster Street, Sebastian, Fritz Walter, 103 Lancaster Street, Sebastian, addressed Council regarding street improvements in Unit 17. Mr. Walter also questioned whether anything can be done by the city regarding an unfinished house. The City Manager requested the house location. Russell Jaquays, Yellow Cab of Sebastian, requested that Council authorize a Police Department background check on Dan Michael. Attorney Torpy responded that there is no provision in the Code of Ordinances for a background check. 4 Regular City Council Meeting January 9, 1991 Page Three 91.017 PROVIDING FOR PROHIBITED TYPES OF FENCES AND WALLS; PROVIDING FOR REQUIRED SCREENS FOR GARBAGE, REFUSE DUMPSTERS; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING'FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 12/12/91, Advertised 12/26/90, PH 1/9/91) Attorney Torpy read Ordinance No. 0-90-12 by title only. Mayor Conyers opened the public hearing at 7:13 p.m. J.W. "Tommy" Thompson, 125 Main Street, Sebastian, suggested several amendments to the ordinance. Claudine Silvio, 1461 Crystal Mist, Sebastian, requested further information regarding the requirement for utility approval for a fence permit. Mayor Conyers closed the public hearing at 7:27 p.m. MOTION by Oberbeck/Powell I move we approve Ordinance No. O-90-12. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Mayor Conyers Councilman McCollum aye aye aye aye MOTION CARRIED 4-0. 8. PUBLIC INPUT A. Non-Agenda Items 1. Boy Scout Troop 598 - Citizenship - Bob Gray Bob Gray, Merit Badge Counselor for Troop 598, presented members of the troop and explained that attendance at a Council meeting and addressing a letter to a governmental body are requirements for a merit badge. Mr. Gray read a letter from a scout requesting consideration for school bus stop shelters and Mayor Conyers said he would look into it. 3 Regular City Council Meeting January 9, 1991 Page Five 90.291 90.292 91.019 91.020 91.021 91.022 Deborah Fisher, Southeast Recycling Corporation, Melbourne, questioned the definition of refuse dumpsters. It was the consensus of Council that it was not the intent of the ordinance to include temporarily placed recycling bins used by non-profit groups. Mayor Conyers called recess at 7:57 p.m. and reconvened the meeting at 8:13 p.m. Ail members present at roll Call were present when the meeting reconvened. Paul Mitchell, 124 Hinchman Avenue and Todd Smith, 121Hinchman Avenue, Sebastian, addressed Council regarding street improvements in Unit 17. CONSENT AGENDA Approval of Minutes - 12/12/90 Regular Meeting, 12/19/90 Special Meeting, 1/2/91 Workshop Employee Recruitment Expenses - Concur with City Manager Recommendation to Re-Enact Motions (City Manager Recommendation dated 12/19/90) Waive Bid Procedure - Barber Street Sports Complex - Purchase Light Fixtures from Musco Lighting - S8900 (Staff Recommendation dated 12/27/90, City Manager Recommendation dated 12/31/90) Dm Waive Bid Procedure - Barber Street Sports Complex - Purchase Poles from South Eastern Prestressed Concrete - $3779 (Staff Recommendation dated 12/27/90, City Manager Recommendation dated 12/31/90) Waive Bid Procedure - Barber Street Sports Complex - Installation of Poles - Gerald R. Page Corporation - Approximately $3,500 (Staff Recommendation dated 12/27/90, City Manager Recommendation dated 12/31/90) Waive Bid Procedure - Barber Street Sports Complex - Purchase Scoreboard from Nevco - 82,095.50 (Staff Recommendation dated 12/27/90, City Manager Recommendation dated 12/31/90) 5 Regular City Council Meeting January 9, 1991 Page Six 91.023 G. St. Sebastian Catholic Church Festival - Waive Permit Fees (Staff Recommendation dated 1/2/91, Letter from Dernbach dated 12/26/90) Mayor Conyers read the Consent Agenda in its entirety. MOTION by Oberbeck/Powell I move we approve the Consent Agenda excluding item B. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. Item B Vice Mayor Oberbeck requested further explanation for this item being on the agenda. The City Manager said that when motions regarding recruitment expenses were made previously, those items were not placed on the agenda in accordance with the resolution governing those procedures. MOTION by Oberbeck/Powell I move to approve item B of the Consent Agenda. ROLL CALL: Mayor Conyers Councilman McCollum Vice Mayor Oberbeck Councilman Powell aye aye aye aye MOTION CARRIED 4-0. Vice Mayor Oberbeck said the discontinuance of recruitment expenses is not absolute and that in the future it can be used as a bargaining point in certain circumstances. 10. PRESENTATIONS None. Regular City Council Meeting January 9, 1991 Page Seven 11. COMMITTEE REPORTS/RECOMMENDATIONS A. CODE ENFORCEMENT BOARD 91.024 1. 90.226 12. Presentation of Code Enforcement Orders - Case Nos. 90-4544, 90-4545, 90-4360 No action was required and the City Manager suggested that in the future this item be placed on the consent agenda. OLD BUSINESS ORDINANCE NO. 0-91-01 - Political Signs - 2nd Draft (Staff Recommendation dated 1/3/91) FIRST READING, SET PUBLIC HEARING AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGARDING POLITICAL SIGNS; AMENDING SECTION 20A-15.3 TO PROVIDE FOR NEW AND ADDITIONAL DEFINITIONS; AMENDING SECTION 20A-15.6B TO PROHIBIT THE PLACEMENT OF POLITICAL SIGNS ON PUBLIC PROPERTY AND TO REGULATE THE PLACEMENT AND REMOVAL OF POLITICAL SIGNS ON PRIVATELY OWNED PROPERTY IN RESIDENTIAL AND NONRESIDENTIAL DISTRICTS; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 1/2/91) Attorney Torpy read Ordinance No. O-91-01 by title only. MOTION by Powell/Oberbeck I move we accept Ordinance No. O-91-01 and set public hearing for 1/23/91. ROLL CALL: Councilman McCollum Vice Mayor Oberbeck Councilman Powell Mayor Conyers aye aye aye aye In response to Councilman McCollum's concerns, Attorney Torpy said, although he did not draft this ordinance, generally Council can adopt ordinances that protect the health, safety and welfare of its citizens and that a deluge of signs can impede vision. Regular City Council Meeting January 9, 1991 Page Eight MOTION CARRIED 4-0. 13. NEW BUSINESS 91.025 A. 91.026 90.277 Golf Course Parking Lot (Staff Recommendation dated 1/3/91, Site Plan Under Separate Cover) The City Manager detailed the proposed Golf Course parking lot and related improvements, explained that site plan approval from Planning and Zoning must be obtained and requested approval to go out to bid. MOTION by Oberbeck/McCollum I move to direct staff to proceed with the bidding process. ROLL CALL: Councilman McCollum Vice Mayor Oberbeck Councilman Powell Mayor Conyers aye aye aye aye MOTION CARRIED 4-0. F-91 Street Improvement Program (City Manager Recommendation dated 12/19/90) The City Manager read the current and proposed street improvements lists and requested the addition of a section of Carnival Terrace which would increase the cost by $4,000. MOTION by McCollum/Oberbeck I move we review proposed additional streets for Street Improvement Program for fiscal year 1991 and, if appropriate, direct staff to proceed with improvements including the addition of Carnival Terrace from Cranberry to East Lake Terrace. ROLL CALL: Vice Mayor Oberbeck Councilman Powell Mayor Conyers Councilman McCollum aye aye aye aye MOTION CARRIED 4-0. Regular City Council Meeting January 9, 1991 Page Nine 91.027 14. MAYOR'S MATTERS 15. 16. Mayor Conyers announced his forum every Monday from noon to 2:00 p.m. in City Hall; said he was sending a letter to service people in Saudi Arabia; discussed the proposed cemetery maintenance contract, in particular he noted a list of duties the sexton performs given to him by the Manager and suggested that this be looked into further. He requested that the City Manager copy the list of duties to Council. Mayor Conyers said he and Darryl Thompson agreed that there should be an SOP procedure regarding holiday celebrations and that he had discussed this with the City Manager. COUNCIL MATTERS A. Vice Mayor Oberbeck Letter from Darryl Thompson Re: Holiday Celebrations (Letter dated 12/28/90) Vice Mayor Oberbeck said he had four calls regarding holiday celebrations. B. Councilman McCollum Councilman McCollum reported on the County Fire Ad Hoc Committee meeting and said he had a copy of projected tax figures for the county-wide fire district. Councilman Powell requested a copy. C. Councilman Powell Councilman Powell requested that Council members receive the bid package on the proposed cemetery maintenance before any decision can be made. D. Councilman Rondeau Absent. CITY ATTORNEY MATTERS None. Regular City Council Meeting January 9, 1991 Page Ten 17. CITY MANAGER MATTERS 91.028 A. 18. 88.193 90.133 Fourth of July Committee (Letter from Vickers dated 1/3/91) The City Manager reported that Ken Vickers was resigning as Chairman of the 4th of July Committee and that he'd attempt to put out feelers for a replacement. Police Station Status Report (Chief Petty) (No Backup) Chief Petty gave a status report on the new police facility and stated that construction could begin in March. The City Manager explained the permitting processes that must be undertaken and discussion ensued on the possibility of contacting ad3acent property owners for cooperation in construction of a lift station for the area. Council concurred that the City Manager should contact those property owners. Being no further business, Mayor Conyers adjourned the meeting at 9:30 p.m. 10