HomeMy WebLinkAbout02281990City 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 28, 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 7:04
p.m.
The Director of Community Development led the Pledge
of Allegiance.
Invocation was 9iven by Reverend John Hill, Sebastian
United Methodist Church.
4. ROLL CALL
Present:
Also Present:
Vice Mayor Robert McCarthy
Councilman Lloyd Rondeau
Councilman Frank Oberbeck
Councilman Robert McCollum
Mayor Richard Votapka
City Manager, Robert McClary
City Attorney, Charles Nash
Assistant City Manager, JoAnne
Townsend
Director of Community Development,
Bruce Cooper
Chief of Police, Charles Reynolds
City Engineer, David Fisher
City Planner, Peter Jones
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
February 28, 1990
Page Two
90.054
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
None.
7. PUBLIC HEARING, FINAL ACTION
None.
8. PUBLIC INPUT
A. Non-Agenda Items
George Schum - Sebastian Highlands Property
Owners Association - Request for Free Use of
Council Chambers_- ~onthly Meetings (City
Manager Recommendation dated 2/15/90, Cit~
Manager Letter dated 2/16/90, Final Order)
Following request from George Schum, Layport Drive,
Sebastian, for free use of the City Council Chambers
the first Monday of each month for the Sebastian
Highlands Property Owners' Association due to lack of
space in the Yacht Club and discussion of the matter
by Council, motion was made.
MOTION by Rondeau/McCarthy
I move "if the place is available we give it to
them".
Discussion followed on possibly setting a precedence
by allowing use of the chambers by a private
organization.
Vice Mayor McCarthy recommended allowing this use on
a temporary basis until such time as the current
library facility is vacated, at which time Council
should consider allowing use of that building by
other organizations. Vice Mayor McCarthy and
Councilman Rondeau agreed to change the motion to
reflect this language.
Mayor Votapka restated the motion as follows: "To
allow the free use of this particular Council
Chambers'for Monday nights until such time as the
current library facility would be converted to the
use of a meeting hall"
Regular City Council Meeting
February 28, 1990
Page Three
90.055
10.
ROLL CALL:
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - nay
Councilman Rondeau - aye
Mayor Votapka - aye
MOTION CARRIED 4-1.
In response to question by the City Manager, motion
was made as follows:
MOTION by McCarthy/Rondeau
I move that any other organization that requests
the use of the Council Chambers do so as an agenda
item request to the Council; and only the public
address system be available to the Sebastian Highland
Property Owners' Association.
VOICE VOTE on the motion carried 5-0.
B. Agenda Items
George Metcalf, 425 Pine Street, Sebastian, addressed
item 89.157.
CONSENT AGENDA
Approval of Minutes - 2/7/90 Workshop, 2/14/90
Regular Meeting, 2/21/90 Special Meeting
Request for Community Center - Raya/Sangabviel
Wedding - Permittee/Virginia ~onzalez - 3/24/90 -
~ R.m. to 11 p.m. - A/B - DOB 9/28/51 - Security
Paid --
MOTION by McCarthy/McCollum
i move we approve items A & B on the Consent
Agenda.
VOICE VOTE on the motion carried 5-0.
PRESENTATIONS
None.
Regular City Council Meeting
February 28, 1990
Page Four
11. COMMITTEE REPORTS/RECOMMENDATIONS
A. PARKS AND RECREATION COMMITTEE
90.056 1.
Appoint William T. Rogers - Regular Member -
Unexpired Term to 6/91 (Memo from P & R dated
2/7/90, Memo from Detective Render dated
1/4/90, Application)
MOTION by Oberbeck/McCollum
I move we appoint William T. Rogers to fill out
the term of Lonnie Powell to Parks and Recreation to
June 1991.
VOICE VOTE on the motion carried 5-0.
90.057
Request t__o Restore Committee t__o Seven Members
and One Alternate (Memo from P & R dated
2/7/90, P & R Minutes 1/30/90)
A brief discussion took place on the membership of
the Parks and Recreation Committee and the lack of
applicants to fill vacancies at this time.
MOTION by Oberbeck/McCarthy
I move we defer this to a later date in hopes of
getting some applicants come forward for Parks and
Recreation.
VOICE VOTE on the motion carried 5-0.
B. PLANNING AND ZONING COMMISSION
90.058
Report o__qn Accessory Buildings (Staff
Recommendation dated 2/22/90, P & Z Minutes
dated 2/15/90)
Discussion took place on Planning and Zoning's
recommendation to permit them to review all requests
for accessory structures until an ordinance can be
adopted to amend the code.
Shirley Kilkelly, 950 Franciscan Avenue, member of
Planning and Zoning addressed Council.
Based on the City Attorney's recommendation it was
decided, rather than place this item on the
the March 7, 1990 workshop as recommended, to
continue current procedures for staff review and
approval of permits for accessory structures and to
direct staff to work with Planning and Zoning as
4
Regular City Council Meeting
February 28, 1990
Page Five
90.059
89.156
expeditiously as possible to come back to Council with
recommendations to amend the code to put some
restrictions on the size of accessory structures.
C. CODE ENFORCEMENT BOARD
Reappoint Damian Gilliams to Realtor Position
- Three Year Term - 3/90 - 3/93 - (Staff
Recommendation dated 2/22/90, Letter from
Gilliams dated 2/8/90)
MOTION by Oberbeck/McCollum
I move we reappoint Damiam Gilliams for a three
year term on the Code Enforcement Board.
VOICE VOTE on the motion carried 5-0.
OTHER COMMITTEE MATTERS
Councilman McCollum reported on the Economic
Development Council meeting.
12. OLD BUSINESS
None.
13. NEW BUSINESS
ORDINANCE NO. 0-90-01 - Contractor Licensing/
Disciplinary Action (2nd Draft)
FIRST READING, SET PUBLIC HEARING 3/28/90
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 2-93 PERTAINING TO
THE JURISDICTION OF THE SEBASTIAN CODE ENFORCEMENT
BOARD; AMENDING ARTICLE VII OF THE CODE OF ORDINANCES
OF THE CITY OF SEBASTIAN PERTAINING TO CONTRACTORS;
AMENDING SECTION 7-91 TO PROVIDE FOR ADDITIONAL
DEFINITIONS; AMENDING SECTION 7-92 TO PROVIDE FOR
PROCEDURES FOR REMOVAL OF MEMBERS OF THE CONSTRUCTION
BOARD; AMENDING SECTION 7-92.1 TO PROVIDE FOR
INVESTIGATORS TO ASSIST IN THE ENFORCEMENT OF ARTICLE
VII; AMENDING SECTION 7-92.2 PERTAINING TO THE POWER
OF THE SEBASTIAN CONSTRUCTION BOARD TO REVIEW
VIOLATIONS OF ARTICLE VII; AMENDING SECTION 7-98
PERTAINING TO PUBLIC ACCESS TO RECORDS; AMENDING
SECTION 7-99 PERTAINING TO CERTAIN PROHIBITED
ACTIVITIES; AMENDING SECTION 7-100 PERTAINING TO
REVOCATION OR SUSPENSION OF CERTIFICATES OF
5
Regular City Council Meeting
February 28, 1990
Page Six
COMPETENCY; AMENDING SECTION 7-101 PERTAINING TO THE
APPLICATION OF ARTICLE VII TO OTHER MUNICIPAL POWERS
AND ACTIONS; AMENDING SECTION 7-102 PERTAINING TO
EXEMPTIONS FROM ARTICLE VII; AMENDING SECTION 7-103
PERTAINING TO REFERENCES TO THE BUILDING OFFICIAL;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR THE REQUIRING
OF PAYMENT AND PERFORMANCE BONDS UNDER CERTAIN
CIRCUMSTANCES; PROVIDING FOR PENALTIES; PROVIDING FOR
APPEALS; PROVIDING THAT THE ORDINANCE IS
SUPPLEMENTAL; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-90-01 for the
first time by title only.
MOTION by Oberbeck/McCarthy
i move we accept the first reading of Ordinance
No. O-90-01 and set it for public hearing on March
28, 1990.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 5-0.
89.226
Amend Mosby Contract to Expand Main Street
Realignment Pro3ect (Cit~ Manager Recommendation
dated 2/22/90, Mosby Proposal dated 2/21/90)
Presentation of amendment to the contract with Mosby
& Associates by the City Manager and City Planner to
expand the Main Street realignment project was
followed by discussion on the matter.
MOTION by McCarthy/Rondeau
I move to approve the proposed contract with
Mosby & Associates in the amount of $3500.
ROLL CALL:
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 5-0.
Regular City Council Meeting
February 28, 1990
Page Seven
90.060
88.193
Discussion continued on the source of funds for the
balance of the estimated construction cost. The City
Manager said he would report to Council on this
matter at the March 7, 1990 workshop.
Mayor Votapka called recess at 9:00 p.m. and
reconvened the meeting at 9:14 p.m. Ail members were
present.
Consider Waiver of Bidding Procedures to Donate
Two Used Police Cars to Indian River County
Community Justice Training Center (City Manager
Recommendation dated 2/22/90)
MOTION by McCarthy/Oberbeck
I move we transfer title to Indian River County
Community Justice Training Center after receipt of
new vehicles.
ROLL CALL:
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
MOTION CARRIED 5-0.
Review City Manager Recommendation to Terminate
Contract with Stottler, Stagg and Associates
(City Manager Recommendation dated 2/22/90, City
Manager Letters dated 2/22/90, 1/26/90, 2/6/90,
Stottler Stagg Letter dated 2/7/90)
Edwin Gilcher, 661Wimbrow Drive, Sebastian, and
George Metcalf, 425 Pine Street, Sebastian,
recommended Council retain Stottler Stagg &
Associates' services.
The City Manager gave a background of the Stottler
Stagg & Associates agreement and recommended
termination.
Bill Starmer, Vice President, Stottler Stagg &
Associates, was present and addressed Council.
Discussion followed on Council instruction from the
February 14, 1990 Regular meeting regarding this
matter.
7
Regular City Council Meeting
February 28, 1990
Page Eight
14.
15.
MOTION by Oberbeck/McCollum
i move we give the architect the opportunity to
respond to Council's request dated February 14, 1990.
ROLL CALL:
Mayor Votapka - aye
Vice Mayor McCarthy - nay
Councilman McCollum - nay
Councilman Oberbeck - aye
Councilman Rondeau - nay
MOTION FAILED 2-3 (McCarthy, McCollum, Rondeau - nay)
MOTION by McCarthy/Rondeau
I move we terminate the agreement with Stottler
Stagg & Associates.
ROLL CALL:
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - nay
Councilman Rondeau - aye
Mayor Votapka - nay
MOTION CARRIED 3-2 (Oberbeck, Votapka - nay)
MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor McCarthy
Vice Mayor McCarthy questioned whether any
meeting had been scheduled with flight training
schools, to which the City Manager responded they
had been contacted and a meeting had been
scheduled.
B. Councilman McCollum
None.
C. Councilman Oberbeck
Councilman Oberbeck discussed the possibility of a
displaced threshold for runway 13; and questioned
U.S. 1 median landscaping status, to which the
City Planner responded he had sent for permit
applications from FDOT.
Regular City Council Meeting
February 28, 1990
Page Nine
D. Councilman Rondeau
None.
16. CITY ATTORNEY MATTERS
90.061 A.
RESOLUTION NO. R-90-12 - City Attorney Contract
(City Manager Recommendation dated 2/15/90)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A
CITY ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO AN
AMENDMENT TO THE EXISTING CONTRACTURAL SERVICE
AGREEMENT WITH CHARLES IAN NASH FOR THE PURPOSE OF
PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING
FOR THE EXTENSION OF THE EXISTING CONTRACTURAL
SERVICE AGREEMENT BETWEEN THE CITY AND CHARLES IAN
NASH; PROVIDING FOR CHARLES IAN NASH TO UTILIZE THE
SERVICES OF OTHER PROFESSIONAL STAFF MEMBERS OF HIS
LAW FIRM IN PROVIDING LEGAL REPRESENTATION TO THE
CITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
George Reid, 202 DelMonte Road, recommended
postponing action on Resolution No. R-90-12 until
after the March 13, 1990 election.
MOTION by Rondeau/McCarthy
I move we table this until the last meeting in
March.
ROLL CALL:
Councilman McCollum - nay
Councilman Oberbeck - nay
Councilman Rondeau - aye
Mayor Votapka - nay
Vice Mayor McCarthy - aye
MOTION FAILED 2-3 (McCollum, Oberbeck, Votapka - nay)
MOTION by McCollum/Oberbeck
I move we extend the meeting ten minutes.
VOICE VOTE on the motion failed. (McCarthy, Rondeau -
nay - unanimous vote required)
Mayor Votapka adjourned the meeting at 10:30 p.m.
Regular City Council Meeting
February 28, 1990
Page Ten
The following items were not addressed due to lack of
time.
89.157 B.
89.157 C.
17.
90.062
Request for Reimbursement of Attorney's Fees -
George Metcalf (Letter from City Attorney dated
2/2/90)
Request for Reimbursement of Attorney's Fees -
Dorothy Doucet f/k/a Dorothy McKinley (Letter
from City Attorney dated 2/2/90, Letter from City
Attorney to Attorney ~ dated 2/2/90, Letter
from City Attorney dated 1/2/90)
CITY MANAGER MATTERS
Report on Bid Results on Public Works Projects
(Staff Recommendation dated 2/22/90)
Approved at the .~..~ /~ 1 Council Meeting.
Richard B. Votapka, Mayor
Kathr~n M. O'Halloran, City Clerk
10