HomeMy WebLinkAbout01101990City 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 10, 1990 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
LISTED BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. Mayor Votapka called the meeting to order at 7:06 p.m.
2. The Assistant City Manager led the Pledge of
Allegiance.
3. Rabbi Jayr. Davis did not attend the meeting.
4. ROLL CALL
Present:
Absent:
Also Present:
Vice Mayor Robert McCarthy
Councilman Frank Oberbeck
Councilman Robert McCollum
Mayor Richard Votapka
Councilman Lloyd Rondeau (excused)
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer, David Fisher
City Planner, Peter Jones
Assistant City Manager, JoAnne
Townsend
Chief of Police, Charles Reynolds
Golf Course Director, Jim DeLarme
Golf Course Superintendent, Chris
McCarthy
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
January 10, 1990
Page 2
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
None.
6. CONSENT AGENDA
Approval of Minutes - 12/13/89 Regular Meeting,
12/28/89 Special Meeting, 1/3/90 Special Meeting
90.001
Request for Community Center - Sebastian River
Shrine Club - Annual Charter Party - 4/7/90 -
6:30 p.m. to 10:30 p.m. - A/B
90.002
Faith Baptist Church Mission - Request for Fee
Waiver for Permit Fees for Renovation - 119 Bob
Circle (Staff Recommendation dated 12/20/89,
Letter from M. Hunnicutt dated 12/18/89)
90.003
First Presbyterian Church of Sebastian - Request
for Fee Waiver for Minor Site Plan Application
Fee (Staff Recommendation dated 12/16/89, Letter
from P & Z dated 12/13/89, Letter from R. Wannop
and R. Keel dated 11/29/89)
90.004
St. Sebastian Catholic Church 7th Annual Festival
- Request for Fee Waiver (Staff Recommendation
dated 1/3/90, Letter from Dernbach dated
12/29/89)
90.005
Bid - Public Works 3/4 Ton Heavy Duty Pickup -
Reject Bid from Sunrise Ford for $12, 789.00 and
Purchase via State Contract - Duval Ford,
Jacksonville - $11,754.00 (Staff Recommendations
dated 12/12/89 and 12/13/89, Bid Tabulation Form)
90.006
Bid Award - Public Works 1/4 Ton Small Hardbody
Pickup - Treasure Coast Nissan, Veto Beach -
$8,746.56 (Staff Recommendation dated 12/12/89,
Bid Tabulation Form)
90.007
Bid Award - Golf Course Top Dresser - Waiver of
Bid Informalities - Accept Late Bid - DeBra Turf
& Equipment Co., Ft. Lauderdale - S?,565.00
(Staff Recommendation dated 12/28/89, Bid
Tabulation Form)
90.008
Waiver of Bid Procedure - Golf Course Injector
System - Approve Purchase as Sole Source - Cross
Equipment Co., Inc. - $5,895.00 (Staff
Recommendation dated 12/28/89)
Regular City Council Meeting
January 10, 1990
Page 3
90.009 J.
Golf Course Furniture Bid - Reject All Bids and
Readvertise (Staff Recommendation dated 1/4/90,
Bid Tabulation Form)
90.010 K.
Bid Award - Public Works Loader/Backhoe
Combination - Case Power and Equipment, Orlando -
$64,000.00 (Staff Recommendation dated 1/2/90,
Bid Tabulation Form)
90.011 L.
Bid Award - Renovation of New Community
Development Offices - Capp Custom Builders, Inc.
- 826, 726.50 - (Staff Recommendation dated
1/3/90, Bid Tabulation Form)
90.012 M.
90.013
Department of Community Development - Purchase
1/2 Ton Truck Through State Contract - Dimmitt
Chevrolet Inc., Clearwater - $9,33?.96 (Staff
Recommendation dated 1/4/90, Memo from Director
of Community Development dated 1/4/90)
N. RESOLUTION NO. R-90-01 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE
SOUTH SIX FEET OF LOT 7 AND THE NORTH SIX FEET OF
LOT 8, BLOCK 196, UNIT 10, SEBASTIAN HIGHLANDS,
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.
90.014
Vice Mayor McCarthy - Reimbursement of Travel
Expenses - Indian River County Transportation
Planning Committee (City Manager Recommendation
dated 1/4/90)
Councilman Oberbeck withdrew items H and M; Mayor
Votapka removed item K; and Vice Mayor McCarthy
removed item F.
MOTION by McCollum/Oberbeck
I move we approve Consent Agenda items A, B, C,
D, E, G, I, J, L, N and O.
3
Regular City Council Meeting
January 10, 1990
Page 4
ROLL CALL:
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
Mayor Votapka - aye
MOTION CARRIED 4-0.
Item F
The City Manager explained staff's recommendation on
rejection of the bid received and purchase of the 3/4
ton pickup under state contract.
MOTION by McCarthy/Oberbeck
i move that we accept item F.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 4-0.
Item H
The City Manager said no other bids were received
late or otherwise for this item.
MOTION by Oberbeck/McCarthy
I move we award the bid for the Golf Course Top
Dresser to the DeBra Turf & Equipment Co, Ft.
Lauderdale as recommended by staff.
ROLL CALL:
Councilman Oberbeck - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 4-0.
Item K
The City Manager said he would provide a supplemental
written report to Council detailing the difference in
specifications in bids received.
MOTION by Oberbeck/McCollum
I move we defer this until further backup is
received.
VOICE VOTE on the motion carried 4-0.
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Regular City Council Meeting
January 10, 1990
Page 5
Item M
The City Manager said the truck would be utilized by
current personnel in the Department of Community
Development as a replacement.
MOTION by Oberbeck/McCarthy
I move to approve it.
ROLL CALL:
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
MOTION CARRIED 4-0.
7. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Councilman Oberbeck said the Courthouse Committee had
been dissolved and its work turned over to the County
Commission.
Mayor Votapka reported on citizen turnout at the
North County Library groundbreaking and stated that
the qualifying period for candidates is January 12
through January 26.
8. PUBLIC HEARING, FINAL ACTION
89.230
ORDINANCE NO. 0-89-24 - Extraordinary Fees for
Certain Applications
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE;
ESTABLISHING EXTRAORDINARY FEES FOR CONSULTING
ENGINEERS AND PLANNERS, AND FOR ATTORNEY'S FEES FOR
CERTAIN ZONING AND COMPREHENSIVE PLAN APPLICATIONS;
REQUIRING PAYMENT OF SAID EXTRAORDINARY FEES BY THE
APPLICANT AS A CONDITION TO CONSIDERATION OF SAID
APPLICATION; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE. (First Reading 12/13/89,
Advertised 12/27/89, Public Hearing 1/10/90)
Attorney Nash read Ordinance No. 0-89-24 for the
second time by title only.
Mayor Votapka opened the public hearing at 7:23 p.m.
Regular City Council Meeting
January 10, 1990
Page 6
The Director of Community Development presented
staff's request.
Kevin Crowe, 1234 Clearmont Street, Sebastian,
opposed the ordinance.
Carl Fischer, 523 Cross Creek Circle, Sebastian,
opposed the ordinance.
Attorney Nash said this type of ordinance is not
uncommon and that it protects taxpayers from bearing
developers costs.
Mayor Votapka closed the public hearing at 7:37 p.m.
Mayor Votapka said the ordinance was too vague,
questioned what defined reasonable and justifiable
costs, recommended the ordinance be deferred and
suggested staff review current fees.
MOTION by Oberbeck/McCarthy
I move we disapprove Ordinance No. 0-89-24.
ROLL CALL:
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
MOTION CARRIED 4-0.
89.141
B. ORDINANCE NO. 0-89-25 - Commercial Amusement
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE;
AMENDING SECTION 20A-12.2 TO PROVIDE FOR ADDITIONAL
DEFINITIONS; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (First Reading 12/13/89,
Advertised 12/27/89, Public Hearing 1/10/90)
Attorney Nash read Ordinance No. 0-89-25 for the
second time by title only.
Mayor Votapka opened the public hearing at 7:47 p.m.
The Director of Community Development presented
staff's request.
There was no public input.
Regular City Council Meeting
January 10, 1990
Page 7
Mayor Votapka closed the public hearing at 7:49 p.m.
MOTION by Oberbeck/McCarthy
I move we approve Ordinance No. 0-89-25.
ROLL CALL:
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
Mayor Votapka - aye
MOTION CARRIED 4-0.
89.051
ORDINANCE NO. 0-89-27 - Amending O-89-15 Police
Pension Plan (City Attorney Recommendation dated
12/5/89)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE POLICE PENSION
PLAN; AMENDING ARTICLE VI OF CHAPTER TWO OF THE CODE
OF ORDINANCES; AMENDING SECTION 2-120 OF THE CODE OF
ORDINANCES TO REVISE THE DEFINITION OF "CREDITED
SERVICE"; AMENDING SECTION 2-121 OF THE CODE OF
ORDINANCES TO REVISE THE PROVISIONS PERTAINING TO
PARTICIPATION IN THE POLICE PENSION PLAN; 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. (First Reading 12/13/89,
Advertised 12/27/89, Public Hearing 1/10/90)
Attorney Nash read Ordinance No. 0-89-27 for the
second time by title only.
Attorney Nash stated this amendment was a result of
state review and suggested revision to the prior
city ordinance on this matter.
Chief Reynolds said the ordinance had been reviewed
by the Police Pension Board and that they concurred
with revisions.
MOTION by Oberbeck/McCollum
I move we approve Ordinance No. 0-89-27.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 4-0.
Regular City Council Meeting
January 10, 1990
Page 8
(Upon review of the tape of this meeting it is found
that the public hearing was never opened and public
input was not called for, therefore, the City
Attorney advises that this ordinance have another
advertised public hearing)
9. PUBLIC iNPUT
A. Non-Agenda Items
90.015
Dan Preuss - Abandonment of Martin Avenue
West of U.S. Highway One (Cit3 Manager
Recommendation dated 1/4/90, Letter from
Preuss dated 12/28/89, Letter from City
Planner dated 12/18/89, Memo from City
Engineer dated 12/29/89)
Dan Preuss presented his request for abandonment of
Martin Avenue west of U.S. 1.
Angelo Spadaro, 6004 Vista Linda Lane, Boca Raton,
and Gerard Knowles, 1309 Hoke Street, Hollywood,
concurred with the request.
Mayor Votapka read from the City Engineer's memo to
Council dated 12/29/89 and City Council concurred
that it may be premature to abandon the right-of-way
adjacent to U.S. 1 since there may be a future need
for it for public purposes.
MOTION by McCarthy/McCollum
I move we deny the petition to abandon the
proposed property.
Attorney Nash said no official Council action was
necessary, since this is a non-agenda item and no
petition has been brought before Council at this
time.
MOTION and SECOND were withdrawn.
The City Attorney advised that the record show that
it was the concensus of Council that Council was not
inclined to approve the vacation of the road based on
what's been brought before Council tonight. Council
concurred.
Mayor Votapka recessed the meeting at 8:30 p.m. and
reconvened the meeting at 9:42 p.m. All members of
Council at recess were present at recall.
Regular City Council Meeting
January 10, 1990
Page 9
90.016 2.
Robert E. Potter - Golf Course Restaurant
Lease Proposal (City Manager Recommendation
dated 1/4/90, Letter from Potter dated
12/18/89)
Priscilla Potter, 616 Ervin Street, Sebastian,
presented a proposal for lease of the Golf Course
restaurant.
The City Manager recommended that staff be authorized
to prepare specifications to go out to public bid
for lease of the Golf Course restaurant. In answer
to Mayor Votapka, the City Manager said he would
provide to Council a copy of Mike Galanis' letter of
1988 regarding the septic system.
Attorney Nash said he would review Resolution No. R-
86-4 regarding the Golf Course lease and contact FAA
in reference to private enterprise.
It was the consensus of Council to authorize staff to
draft proper documents for bid.
B. Agenda Items
10. PRESENTATIONS
None.
11. COMMITTEE REPORTS/RECOMMENDATIONS
A. PLANNING & ZONING COMMISSION
90.017
90.018
Accept Resignation o__f Edwin Gilcher with
Regret
Appoint Current 1st Alternate J.W.
"Tommy" Thompson to Fill Unexpired Term to
2/90 and Additional Three Year Term (Staff
Recommendation dated 12/18/89, P & Z Minutes
12/21/89j Letter from E. Gilcher dated
12/18/89, Additional Applications)
MOTION by Oberbeck/McCollum
I move we accept with regret the resignation of
Edwin Gilcher from our Planning and Zoning Board.
9
ReGular City Council MeetinG
January 10, 1990
PaGe 10
VOICE VOTE on the motion carried 4-0.
MOTION by Oberbeck/McCarthy
I move we appoint Mr. Tommy Thompson first
alternate to the vacant member position for a full
three year term to include the unexpired term of Mr.
Gilcher.
ROLL CALL:
Councilman Oberbeck - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 4-0.
MOTION by Oberbeck/McCarthy
I move we appoint John Lindsay as an alternate to
the PlanninG and ZoninG Board upon submission of
his resignation from the Code Enforcement Board.
ROLL CALL:
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
MOTION CARRIED 4-0.
B. ANNEXATION COMMITTEE
90.019
Receive Status Report_- Schedule Discussion
of Issues at Future Workshop (City ManaGer
Recommendation dated 1/4/90, Summary of
10/27/89 MeetinG, Maps)
Councilman McCollum Gave a brief status report on the
annexation committee. The City ManaGer said it was
his intent to schedule discussion of the proposed
annexations at the February ?, 1990 workshop.
Discussion took place on the legality of tax
deferment as incentive for annexation. The City
Attorney, with the concurrence of Council, said he
would Get an answer on this.
2. Other Matters
Vice Mayor McCarthy said the Indian River County
Transportation PlanninG Committee had been disbanded
and a new committee was beinG formed consistinG of
representatives of all County impact fee districts.
The City ManaGer said he would contact County staff
10
Regular City Council Meeting
January 10, 1990
Page 11
regarding the new committee.
12. OLD BUSINESS
None.
13. NEW BUSINESS
90.020 A.
Median Landscape improvements (Staff
Recommendation dated 1/4/90, Memo from City
Planner dated 1/3/90, Maps)
The City Planner presented the request for U.S. 1
median improvements. The City Manager said there was
currently $2,000 budgeted for this item.
Donna Keys gave a brief overview of the origins of
the idea for median landscape improvements.
Discussion followed on possible funding sources.
Mayor Votapka requested that staff look into cost of
lighting of the signs.
MOTION by Oberbeck/McCollum
I move we approve the conceptual plan as
presented by the City Planner not to exceed $2,000.00
as budgeted.
ROLL CALL:
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
MOTION CARRIED 4-0.
90.021
The City Manager stated that if donations are made
the city, a budget amendment would be required.
Request for Special Use Permit - Mary Flood -
Instruct ~ Attorney to Draft Ordinance - Set
Public Hearing 2/14/90 (Site Plan Packet, P & Z
Minutes 12/7/89, TRC Memo dated 12/1/89)
MOTION by Oberbeck
I move we direct the City Attorney to draft the
resolution for special use permit.
11
Regular City Council Meeting
January 10, 1990
Page 12
The Director of Community Development said that
request for special use permit may be withdrawn by
the applicant based on information he had received in
the last week.
MOTION was withdrawn.
The City Manager advised that the City Attorney
should be instructed to draft the resolution and that
if the application was withdrawn he would be
instructed to stop.
The City Attorney recommended deferral of this item
until the next meeting when a status report can be
obtained.
MOTION by McCarthy/Oberbeck
I move we table this item until January 24, 1990.
VOICE VOTE on the motion carried 4-0.
90.022
Law Enforcement Television Network (Staff
Recommendation dated 1/4/90, LETN Overview)
Chief Reynolds presented the request to Council.
MOTION by Oberbeck/McCarthy
I move we approve this expenditure in the amount
of $3104.00 as requested for a Law Enforcement
Television Network.
ROLL CALL:
Vice Mayor McCarthy - aye
Councilman MCCollum - aye
Councilman Oberbeck - aye
Mayor Votapka - aye
MOTION CARRIED 4-0.
14. MAYOR'S MATTERS
It was the consensus of Council to request placement
of public input before the consent agenda. The City
Manager said advertised public hearings should take
precedence.
12
Regular City Council Meeting
January 10, 1990
Page 13
15. COUNCIL MATTERS
A. Vice Mayor McCarthy
89.155
1. Recall Expenses
Vice Mayor McCarthy submitted receipts for recall
expenses for the City Attorney's review. The City
Attorney said he would need a detailed time billing
from Attorney Palmer and a final disposition of the
case and then would provide an opinion to Council
regarding reasonableness.
MOTION by Oberbeck/McCollum
i move we allow these expenses subject to
the City Attorney's report that in his opinion
Attorney Tom Palmer's $542.00 attorney fee is
reasonable.
ROLL CALL:
Councilman MCCOllum - aye
Councilman Oberbeck - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 4-0.
B. Councilman McCollum
90.023
Proposed Resolutions Re: Support for
Amendment__#3 Limiting Unfunded Mandates;
Tenth Amendment U.S. Constitution (Memo from
FLC dated 10/31/89, Proposed Resolutions)
Councilman McCollum read the two proposed resolutions
by title only.
MOTION by McCarthy/McCollum
I move we direct the City Clerk to draft
resolutions to support Amendment #3 limiting unfunded
mandates and to support the tenth amendment to the
U.S. Constitution.
VOICE VOTE on the motion carried 4-0.
C. Councilman Oberbeck
Councilman Oberbeck questioned multiple home
occupational licenses and when time and expenditure
records for time spent on airport related matters
would be received by Council. The City Manager
responded that he has transferred 81000 per month
13
Regular City Council Meeting
January 10, 1990
Page 14
from the airport fund to general fund to cover costs
based on reasonableness, with which the auditors
concurred.
The City Manager said he would review minutes to
see what direction of Council was in this matter.
D. Councilman Rondeau
Absent.
16. CITY ATTORNEY MATTERS
89.157
Report__°n Reimbursement of Legal Fees - George
Metcalf_& Dorothy McKinley (City Manager Letters
dated 12/5/89 and 12/19/89, City Attorney Letters
dated 1/2/90)
George Metcalf, 425 Pine Street, Sebastian, read a
letter from him to the City Council regarding his
request for reimbursement of legal fees and presented
it to the City Clerk for disbursement.
The City Attorney gave his report on Mr. Metcalf's
requested reimbursement.
Discussion followed as to whether Mr. Metcalf's
actions were within the scope of duties of a
councilmember and whether attorney fees paid were
reasonable.
Mr. Metcalf was advised to provide additional
supporting backup.
MOTION by McCollum/Oberbeck
i move we extend the meeting ten minutes.
ROLL CALL:
Councilman Oberbeck - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 4-0.
The City Attorney gave his report on Mrs. (McKinley)
Doucet's request for reimbursement.
14
ReGular City Council MeetinG
January 10, 1990
Page 15
17.
CITY MANAGER MATTERS
89.003 A.
18.
Report Re: Snell vs. Votapka, et al Lawsuit
(City ManaGer Report dated 1/4/90, ~ Manager
Memo dated 12/19/89, Cit~ ManaGer Letter dated
12/20/90)
The City ManaGer said an impasse had been reached
with Mr. Snell.
Mayor Votapka adjourned the meetinG at 10:35 p.m.
MeetinG.
Richard B. Votapka, Mayor
15