HomeMy WebLinkAbout02141990City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 14, 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.
Mayor Votapka called the meeting to order at 7:05
p.m.
The City Attorney led the Pledge of Allegiance.
Invocation was given by Reverend Paul E. Hauens%ein,
Christ the King Lutheran Church.
ROLL CALL
Present:
Vice Mayor Robert McCarthy
Councilman Lloyd Rondeau
Councilman Robert McCollum
Mayor Richard Votapka
Absent: (Excused) Councilman Frank Oberbeck
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Chief of Police, Charles Reynolds
Assistant City Manager, JoAnne
Townsend
City Planner, Peter Jones
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
1
Regular City Council Meeting
February 14, 1990
Page Two
90.044
89.197
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
MOTION by McCarthy/McCollum
I move we amend the agenda by adding discussion
of recent plane crashes as item 13 D and garage
addition on Glencove Street as 13 E.
VOICE VOTE on the motion carried 4-0.
The City Manager requested that item (12)(A) be
deferred to the February 28, 1990 meeting and said
that a written report would be presented to Council
in that agenda package.
MOTION by McCollum/Rondeau
I move we defer item (12)(A) 89.019 Approve
Street & Drainage Acceptance Procedures - Unit 17
S.H. to the February 28, 1990 agenda.
VOICE VOTE on the motion carried 4-0.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Proclamation L Visiting Nurse Association Week -
2/18/90 - 2/24/90
Mayor Votapka read and presented the proclamation to
Joan Kostenbader.
The City Manager briefly reported on the emergency
landing on Roseland Road this evening.
7. PUBLIC HEARING, FINAL ACTION
A. ORDINANCE NO. 0-89-28 - Fischer CLUP Amendment -
1.85 Acres
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE
COMPREHENSIVE LAND USE PLAN MAP FROM COR (COMMERCIAL
OFFICE RESIDENTIAL) DISTRICT TO CG (COMMERCIAL
GENERAL) DISTRICT FOR LAND LOCATED IN THE SOUTHEAST
SECTION OF THE CITY, APPROXIMATELY 1.85 ACRES MORE OR
LESS, LOCATED ON THE WEST SIDE OF THE U.S. HIGHWAY
ONE, EAST OF THE FLORIDA EAST COAST RAILWAY RIGHT-
OF-WAY, AND NORTH OF SCHUMANN DRIVE; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABiLITY; AND
PROVIDING AN EFFECTIVE DATE. (lst Reading 12/13/89,
2
Regular City Council Meeting
February 14, 1990
Page Three
Advertised 1/15/90, 1st PH 1/24/90, Advertised
2/5/89, 2nd PH 2/14/90)
The City Attorney read Ordinance No. 0-89-28 by title
only.
Mayor Votapka opened the public hearing at 7:25 p.m.
The Director of Community Development presented a
location map of the subject property.
There was no public comment.
Mayor Votapka closed the public hearing at 7:26 p.m.
MOTION by Rondeau/McCarthy
I move we approve Ordinance No. 0-89-28.
ROLL CALL:
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Rondeau - aye
Mayor Votapka - aye
MOTION CARRIED 4-0.
89.197
ORDINANCE NO. 0-89-29 - Fischer Rezoning - 1.85
Acres
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY IN THE SOUTHEAST SECTION OF THE
CITY, APPROXIMATELY 1.85 ACRES MORE OR LESS, LOCATED
ON THE WEST SIDE OF THE U.S. HIGHWAY ONE, EAST OF THE
FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, AND NORTH
OF SCHUMANN DRIVE, FROM ZONING DISTRICT COR
(COMMERCIAL OFFICE RESIDENTIAL) TO ZONING DISTRICT CG
(COMMERCIAL GENERAL); PROVIDING FOR THE AMENDMENT TO
THE OFFICIAL CITY ZONING MAP TO REFLECT THE CHANGE IN
ZONING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (lst
Reading 12/13/89, Advertised 1/31/90, PH 2/14/90)
The City Attorney read Ordinance No. 0-89-29 by title
only.
Mayor Votapka opened the public hearing at 7:28 p.m.
The Director of Community Development presented the
request.
3
Regular City Council Meeting
February 14, 1990
Page Four
Mayor Votapka closed the public hearing at 7:29 p.m.
MOTION by McCollum/McCarth¥
I move we approve Ordinance No. 0-89-29 as read.
ROLL CALL:
Councilman McCollum - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 4-0.
89.032
ORDINANCE NO. O-89-19 - Comprehensive Land Use
Plan
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE COMPREHENSIVE
PLAN; AMENDING ARTICLE Iii OF CHAPTER 20 OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING
SECTION 20-51 OF THE CODE OF ORDINANCES PERTAINING TO
THE COMPREHENSIVE 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 FOR AN EFFECTIVE
DATE. (lst Reading 8/9/89, Advertised 8/14/89, 1st PH
8/23/89, Transmittal to DCA, Advertised 2/7/90, 2nd
PH 2/14/90)
The City Attorney read Ordinance No. O-89-19 by title
only.
Mayor Votapka opened the public hearing at 7:30 p.m.
The City Manager requested that this item be
readvertised and continued to March 14, 1990.
The Director of Community Development said the
planning consultant's comments to DCA would be
available Friday, February 16 and the bound
Comprehensive Land Use Plan would be available
March 6.
J.W. Thompson, 125 Main Street, Sebastian, requested
that backup information be obtained before items are
placed on agendas.
The City Manager read a statement from GDC into the
record (see attached).
Mayor Votapka closed the public hearing at 7:35 p.m.
4
Regular City Council Meeting
February 14, 1990
Page Five
MOTION by McCarthy/McCollum
I move we continue the public hearing on
Ordinance No. O-89-19 to March 14, 1990.
ROLL CALL:
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 4-0.
8. PUBLIC INPUT
A. Non-Agenda Items
90.045
Leonard Bassi, 573 BrowninG Terrace,
Sebastian Z Building ~ Builder (No Backup)
Leonard Bassi suggested code amendments regardinG
buildinG and contractor licensing.
The Director of Community Development advised Mr.
Bassi that proposed Ordinance No. 0-90-01 is
available for review in the City Clerk's office.
B. Agenda Items
Ail citizens who signed to speak said they would
speak under specific agenda items.
9. CONSENT AGENDA
A. Approval of Minutes - 1/24/90 Regular Meeting
90.046
Italian/American Club - Charles Pullara - Request
for Community Center - 12/31/90 - A/B - Security
on Hold - DOB 2/24/32
90.047
Sebastian River Shrine Club - John Zaricky -
Request for Community Center - 12/14/90 - A/B -
Security on Hold - DOB 1/7/22
90.048
Treasure Coast Archeological Society - David
Simmons - Request for Community Center - 2/23/90 -
A/B - Security Paid - DOB 10/8/41
5
Regular City Council Meeting
February 14, 1990
Page Six
90.049
90.050
90.051
90.011
89.228
E. RESOLUTION NO. R-90-07 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE EAST SIX FEET OF
LOT 1, BLOCK 188, UNIT 6, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/94,
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.
F. RESOLUTION NO. R-90-08 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE NORTH EASEMENT OF
LOT 13 AND SOUTH EASEMENT OF LOT 12, BLOCK 124, UNIT
4, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 5/100, 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.
Accept Resignation of John Lindsey from Code
Enforcement Board with Regret (City Manager
Recommendation dated 1/23/90, Letter from Lindsey
dated 1/16/90)
Award Bid - Remove Asbestos from North Annex
Building - Environmental Resource Assoc., Inc. -
$6,495 (Staff Recommendation dated 2/8/90, Bid
Tabulation Form)
Approve Personnel Re-Classifications - (City
Manager Recommendation dated 2/8/90, GF Summary)
The Mayor read the consent agenda in its entirety.
MOTION by McCollum/McCarthy
I move we approve the consent agenda as read.
ROLL CALL:
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 4-0.
Regular City Council Meeting
February 14, 1990
Page Seven
10.
PRESENTATIONS
88.193 A.
88.193
RESOLUTION NO. R-90-10 - Dedication Agreement
Between City and Sebastian General Partnership,
B.F.T. - Police Station Site (City Manager
Recommendation dated 2/8/90, Letter from City
Manager dated 2/8/90, R-90-10, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE, ON BEHALF OF THE CITY, A DEDICATION
AGREEMENT WITH SEBASTIAN GENERAL PARTNERSHIP, B.F.T.,
A FLORIDA GENERAL PARTNERSHIP, PERTAINING TO THE
DEDICATION OF CERTAIN REAL PROPERTY LOCATED IN THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FOR
MUNICIPAL PURPOSES OF DIRECT BENEFIT TO THE CITIZENS
OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE.
Ruth Sullivan, 1215 Indian River Drive, Sebastian,
requested that costs involved in development be made
available to the public before any action is taken.
George Metcalf, 425 Pine Street, Sebastian, said this
project would require a DRI and cautioned against
approval of the resolution.
The City Manager read Resolution No. R-90-10 by
title only, gave an overview of the agreement and
recommended execution of the agreement.
MOTION by McCarthy/Rondeau
I move we accept Resolution No. R-90-10.
ROLL CALL:
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Rondeau - aye
MOTION CARRIED 4-0.
Review Police Department Station Reports -
Stottler, Stagg (Roy Cowell)
Roy Cowell, Stottler, Stagg & Associates, introduced
Project Manager, Bill Starmer and presented the final
report on Phases I & II.
A lengthy discussion followed on the conceptual plan
presented and whether it was too complex for
available funds.
7
Regular City Council Meeting
February 14, 1990
Page Eight
MOTION by McCarthy/Rondeau
I move we cap the project at $500,000.
ROLL CALL:
Vice Mayor McCarthy - aye
Councilman MCCOllum - nay
Councilman Rondeau - aye
Mayor Votapka - nay
MOTION FAILED 2-2.
Following further discussion, Stottler Stagg was
instructed to come back with a report on what the
city could get for $500,000 and what it needs in
1995, 2000, 2005 and 2010.
11. COMMITTEE REPORTS/RECOMMENDATIONS
Vice Mayor McCarthy gave a report on the Indian River
County Transportation Committee meeting regarding
negotiations with FDOT and FEC for CR 512 crossing.
12. OLD BUSINESS
89.019
Approve Street & Drainage Acceptance Procedures -
Unit 17 S.H. (City Manager Recommendation dated
2/8/90, City Manager Memo dated 1/31/90)
This item previously deferred to February 28, 1990.
13. NEW BUSINESS
89.093
Approve Additional Street Improvements (Staff
Recommendation dated 2/8/90~ Memo from City
Engineer dated 2/8/90)
MOTION by McCollum/McCarthy
I move we approve the expenditure for street
improvements as outlined in the memo dated February
28, 1990. (see memo attached)
ROLL CALL:
Councilman McCollum - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 4-0.
Regular City Council Meeting
February 14, 1990
Page Nine
90.052 B.
RESOLUTION NO. R-90-09 - Budget Amendment
(City Manager Recommendation dated 2/8/90,)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO AN AMENDMENT TO THE
FISCAL YEAR 1989/1990 BUDGET; PROVIDING FOR CHANGES
TO THE GENERAL FUND AND CAPITAL PROJECTS FUND,
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
The Mayor read Resolution No. R-90-09 by title only.
MOTION by McCarthy/McCollum
I move we adopt Resolution No. R-90-09.
ROLL CALL:
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 4-0.
88.071
Ce
Dr. Henr~ Fischer - Request for Extension of
Sand Lake Park Preliminary Plat (Staff
Recommendation dated 1/19/90, Letter from Fischer
dated 1/3/90)
Carl Fischer presented the preliminary plat extension
request to Council.
MOTION by McCarthy/McCollum
I move we grant a six month extension for the
preliminary plat for Sand Lake Park.
VOICE VOTE on the motion carried 4-0.
D. Plane Crashes
Staff was instructed to contact FAA and look into
procedures which might need correction in light of
recent plane crashes at the municipal airport.
Garage - Glencove Street
Vice Mayor McCarthy recommended that staff review
codes regarding square footage and height of
accessory buildings. The Director of Community
Development said Planning & Zoning will review this
at its February 15, 1990 meeting and bring a
recommendation to Council.
Regular City Council Meeting
February 14, 1990
Page Ten
MOTION by McCollum/McCarthy
I move we let Mr. Dolan speak to this item.
VOICE VOTE on the motion carried 4-0.
Mr. Dolan requested that Council look into GDC
deed restrictions but was advised the city cannot
enforce private deed restrictions.
14. MAYOR'S MATTERS
90.043 A. Discuss GDU Water Fluoridation (Carried Over from
2/7/90 Workshop - No Backup)
Mayor Votapka requested draft of an ordinance
similar to St. Lucie County's requiring GDC to
provide fluoride in its water system.
MOTION by McCarthy/Rondeau
I move we instruct the City Attorney to prepare
an ordinance based on St. Lucie County ordinance.
The City Attorney advised that staff check with St.
Lucie County staff and legal counsel on expenses
involved.
VOICE VOTE on the motion carried 4-0.
15.
COUNCIL MATTERS
A. Vice Mayor McCarthy
None.
B. Councilman McCollum
None.
C. Councilman Oberbeck
Absent.
D. Councilman Rondeau
None.
10
Regular City Council Meeting
February 14, 1990
Page Eleven
17. CITY MANAGER MATTERS
89.003 A.
90.053
89.157
16.
89.157
Review City Manager Position on Airport Study
(City Manager Memo dated 2/8/90)
MOTION by McCarthy/Rondeau
I move we extend the meeting ten minutes.
VOICE VOTE on the motion carried 4-0.
The City Manager said he would renegotiate the
agreement with the FAA to turn over his authority if
instructed by the City Council. Councilman Rondeau
withdrew his offer to assist in negotiations.
Appoint Special Legal Counsel - City of Sebastian
vs. Mercedes Homes, Inc. (No Backup)
MOTION by McCarthy/McCollum
I move we appoint Attorney Tsamoutales as special
legal counsel to represent the city in the matter of
Mercedes Homes.
ROLL CALL:
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Rondeau - aye
MOTION CARRIED 4-0.
CITY ATTORNEY MATTERS
Request for Reimbursement of Attorney's Fees -
George Metcalf (Letter from City Attorney dated
2/2/90)
This item deferred to February 28, 1990 agenda.
Request for Reimbursement o__f Attorney's Fees -
Dorothy Doucet f/k/a Dorothy McKinley (Letter
from City Attorney dated 2/2/90, Letter from Cit~
Attorney__to Attorney Long dated 2/2/90, Letter
from ~ Attorney dated 1/2/90)
This item deferred to February 28, 1990 agenda.
MOTION by McCarthy/McCollum
I move we adjourn the meeting.
VOICE VOTE on the motion carried 4-0.
11
Regular City Council Meeting
February 14, 1990
Page Twelve
18. Mayor Votapka adjourned the meeting at 10:38 p.m.
K~thr~n M. O'Halloran, City Clerk
1990 W~/ Council Meeting.
Richard B. Votapka, Mayor
12
General Development Corporation
Community Operations
5240 BABCOCK STREET NE, ~f202
PALM BAY, FLORIDA 32905-6099
February 14, 1990
(407) 724. 2000
(40~'1 569-4300 (Veto Beach)
Dear Mayor & City Council,
General Development Corporation wishes the following
statement to be made part of the record regarding the City
of Sebastian's adoption of the Comprehensive Plan;
"In order to preserve our standing, General Development
Corporation objects to any provision in the Comprehensive
Plan, or that may result from a compliance agreement, that
could limit or modify the rights of General Development
Corporation and its subsidiaries."
Thank you for this opportunity.
Sincerely, /"
Director of Community Operations
GRK/vma