HomeMy WebLinkAbout04071993 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
93.112
93.113
AGENDA
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, APRIL 7, 1993 - 7:00 EM.
CITY COUNCIL CHAMBERS
1225 MAIN STREE~ SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREE% SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. AGENDA MODIFICATIONS (ADDITIONS AND~OR DELETIONS)
5. PROCLAMATIONS]ANNOUNCEMENTS
A. Presentation of Plaques to Former Council Members
Dr. Peter R. Holyk and George G. Reid
6. PUBLIC INPUT ON AGENDA ITEMS
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
7. CONSENT AGENDA - None
8. MAYOR AND CITY COUNCIL MATTERS
A. Vice-Mayor Frank Oberbeck
B. Mrs. Carolyn Corum
1. city Council Seating Arrangement (No Backup)
93. 114
93.115
93.116
93.107
93.117
93.118
93.119/
92.140
93.120/
92.060
10.
11.
Indian River County Proposed Ethics Rules
(City Clerk Recommendation dated 3/31/93, IRC
Minutes)
Community Center/Yacht Club Fee Waivers
(city Clerk Recommendation dated 3/31/93,
Related Resolutions, 87/88 Correspondence/
Minutes, Organization List)
C. Mrs. Norma ~
D. Mr. Robert Freeland
E. Mayor Lonnie R. Powell
Resolutions Nos. R-89-30 and R-89-59 Re:
Procedures for Public Input and Introduction
of Business Items (City Clerk Recommendation
dated 3/31/93, R-89-30 and R-89-59)
Pending City Council Items (City Clerk
Recommendation dated 4/1/93, Pending List
w/City Manager Comments)
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
WORKSHOP ITEMS
Exchange Club of Sebastian - Request Use of
Riverview Park - Carnival - 5/22/93 (Staff
Recommendation dated 3/25/93, Wetherald Letter
dated 3/17/93)
Vietnam Veterans of America - Request Use of
'Riverview Park - Carnival - 5/20/93 through
5/23/93 (Staff Recommendation dated 3/25/93,
McGhee Letter dated 3/18/93)
Yacht Club Finger Pier Extension (Staff
Recommendation dated 3/24/93, Fey Letter dated
1/18/93)
Communications Tower - Proposed Lease Agreement
and Monthly Fee (Staff Recommendation dated
3/16/93, chief Memo dated 3/16/93, Proposed
Agreement, IRC Rate)
2
93.121
93.122
93. 123
93.124
93.020
93.091
93.125/
92.189
12.
1993 Institute for Elected Municipal Officials
(City Clerk Recommendation dated 3/31/93,
Brochure)
Proposed Cemetery Rate Resolution (Staff
Recommendation dated 4/1/93, R-91-17, City
Engineer Memo dated 3/19/93, Sexton Memo dated
3/24/93, Revenue Recap, Comparison Schedule)
Proposed Sign Ordinance (Staff Recommendation
dated 3/30/93, Proposed Ordinance Language)
Proposed Waterway ordinance Re: Motors, Docks,
Davits, Etc. (Staff Recommendation dated 4/1/93,
Proposed Ordinance Language)
Proposed Animal (Pet) Ordinance (Staff
Recommendation dated 4/1/93, Proposed Ordinance)
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
A. Debra Curbow Re: Blossom Lake Park (No Backup)
Herbert Sturm Re: Code Enforcement Board (City
Manager Recommendation dated 3/31/93, Sturm
Brief)
13. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TOANY 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.)
3
INTRODUCTION OF BUSINESS FROM THE PUBLIC
SIGNUP SHEET
FEBRUARY 7, 1993 WORKSHOP
(Use this form ONLY for presentation of matters NOT on the
prepared agenda. Introduction of Business from the Public is the
last item on the agenda)
NAME: DEBRA CURBOW
ADDRESS:
SUBJECT:
BLOSSOM LAKE PARK
NAME:
ADDRESS:
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HERBERT STURM
CODE ENFORCEMENT BOARD
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PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
FEBRUARY 7, 1993 CITY COUNCIL WORKSHOP
(Use this form ONLY for input on items on the prepared agenda
except for public hearings which have their own signup sheets.
If you wish to speak during the actual discussion of the matter
rather than during "Public Input on Agenda Items" please note.)
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
WORKSHOP MEETiNG
WEDNESDAY, APRIL 7, 1993 - 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 Powell called the workshop meeting to order at
7:03 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also Present:
city Manager, Robert McClary
city Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Chief of Police, Earle Petty
Asst. Finance Director, Larry Napier
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
City Council Workshop
April 7, 1993
Page Two
4. AGENDA MODIFICATIONS (ADDITIONS AND~OR DELETIONS)
Mrs. Corum removed agenda item ~3 - 93.115 Community
Center/Yacht Club Fee Waivers until further notice.
5. PROCLAMATIONS/ANNOUNCEMENTS
93.112
Presentation of Plaques t__o Former Council Members
Dr___=. Peter R_=. Holyk an__~d George G. Reid
Mayor Powell presented plaques to former City Council
members Dr. Peter R. Holyk and George G. Reid.
Mr. Reid urged public participation in city
government and Dr. Holyk concurred with that view.
Mayor Powell presented an LA Dodger's 40th
Anniversary baseball bat to the City Manager.
6. PUBLIC INPUT ON AGENDA ITEMS
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council..
Ail citizens signed up chose to speak during the
agenda items.
7. CONSENT AGENDA
None.
8. MAYOR AND CITY COUNCIL MATTERS
A. Vice-Mayor Frank oberbeck
The Director of Community Development reported on
the Sebastian Lakes/Laconia Street proposed
agreement and the City Attorney said he has received
$65,000 and an escrow agreement.
B. Mrs. Carolyn Corum
Mrs. Corum discussed Disney's proposed Indian River
County resort.
2
city Council Workshop
April 7, 1993
Page Three
93.113
93.114
93.115
1. City Council Seatinl Arrangement (No Backup)
Mrs. Corum suggested a revised City Council
seating arrangement.
MOTION by Freeland/Oberbeck
I make a motion that we leave the seating as
it is.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 4-1 (Corum - nay)
Indian River County Proposed Ethics Rules
(city Clerk Recommendation dated 3/31/93, IRC
Minutes)
Mrs. Corum briefly explained the county's
proposed ethics code and suggested the city
request the county to fine tune it and then
consider adoption itself.
A brief discussion ensued and Mayor Powell stated
that he had borrowed money from a City employee
and that the loan had been found to be legal
prior to its execution.
It was the consensus of City Council to direct
the City Manager to contact Florida League of
cities relative to ethics codes.
m
Community Center/Yacht Club Fee Waivers
(city Clerk Recommendation dated 3/31/93~
Related Resolutions. 87/88 Correspondence/
Minutes, Organization List)
This item was previously removed by Mrs. Corum.
City Council Workshop
April 7, 1993
Page Four
C. Mrs. Norma Damp
Mrs. Damp inquired about the directional signs at CR
512 and CR 510; status of the Elkcam Dam agreement;
and status of the Macedonia Baptist church on Bob
Circle.
D. Mr... Robert Freeland
Mr. Freeland inquired about trees at Hardee Park;
congratulated Sal Neglia on his appointment as
President of the Sebastian Highlands Property Owners
Association; and presented a letter (see attached)
regarding use of city time and materials for personal
correspondence.
Following a brief discussion, and input from the City
Attorney, it was the consensus of City Council to
establish a policy that no city property or time will
be utilized by any individual for personal use and
the City Manager said the policy will be enforced.
TAPE I - SIDE II (7:49 p.m.)
Mrs. Corum explained the letters she had sent to U.S.
lawmakers as a representative of the City, urging
approval for land acquisition.
Mr. Freeland expressed concern about the March 1993
operating statement, particularly Golf Course
revenues. The City Manager said he will review it
and respond. Mr. Freeland suggested that a summary
analyis be added to the monthly operating statement.
Mr. Oberbeck said he will meet with the City
Manager to discuss the operating statement.
E. Mayor Lonnie R. Powell
Mayor Powell expressed concern about the content of
Mrs. Corum's letters relative to land acquisition.
4
City Council Workshop
April 7, 1993
Page Five
93.116 1.
93.107
Resolutions NOS~. R-89-30 and R-89-59 Re:
Procedures for Public Input and Introduction
of Business Items (City Clerk Recommendation
dated 3/31/93, R-89-30 and R-89-59)
Keith Miller, 961 Riviera Avenue, Sebastian,
urged that city Council continue to allow the public
to speak at meetings.
Following City Council discussion and input from
staff, it was the consensus of City Council to amend
the existing resolution to do away with the term
"non-agenda item", have no "Introduction of Business"
on workshop agendas, allow individuals to introduce
new business at the end of regular meetings if they
have signed up that evening and regardless of whether
they have signed up a week prior, and to give the
City Manager leeway with copy costs for submitted
agenda items.
The City Manager said he would work with the city
Clerk to draft a resolution.
Pending City Council Items lCit~ Clerk
Recommendation dated 4/1/93, Pending List
w/City Manager Comments~
Mr. Oberbeck inquired about items relative to
stormwater and drainage utilities, airport leasing
and acceptance of Stratton Avenue. The City Manager
responded that there will be new matters developing
on stormwater utility. The City Attorney said a
proposed airport lease has been submitted to the City
Manager. The City Manager responded to concerns
expressed about Stratton Avenue.
The city Attorney said item 92.213 relative to scrub
jay habitat should be deleted.
Mayor Powell called recess at 8:30 p.m. and
reconvened the meeting at 8:45 p.m. Ail members
were present.
Mayor Powell announced the 2nd Annual Indian River
County Victim's Rights vigil on April 27, 1993 and
urged attendance.
city Council Workshop
April 7, 1993
Page Six
9. CITY ATTORNEY MATTERS
The city Attorney reported on his review of
dedication of city land for parks. He said there is
no specific Florida law pertaining to dedication and
requested further input in light of the fact that
there is a new City Council seated.
Mr. Oberbeck explained the procedure that was used
for the dedication of Riverview Park in 1980,
however, the City Attorney said that dedication was
probably not legally binding.
TAPE II - SIDE I (8:50 p.m.)
City Council discussion followed.
It was the consensus of City Council that the City
Attorney discontinue review of the matter at this
time.
10. CITY MANAGER MATTERS
None.
11. WORKSHOP ITEMS
93.117
Exchange Club of Sebastian_- Request Use of
Riverview Park - Carnival_- 5/22/93 (Staff
Recommendation dated 3/25/93, Wetherald Letter
dated 3/17Z93)
Mayor Powell noted that a member of the Exchange Club
was present to address this item.
MOTION by Oberbeck/Freeland
I move that we allow this lady to address the
Council.
VOICE VOTE on the motion carried 5-0.
Virginia Wetherald, Exchange Club, presented the
request to City Council.
MOTION by Oberbeck/Corum
I would move that we approve the request of the
Exchange Club of Sebastian for the use of Riverview
Park on Saturday, May 22 to hold a carnival and
that all standard conditions apply.
(The motion implied use of the north property)
6
city Council Workshop
April 7, 1993
Page Seven
The Director of Community Development recommended
that the group provide its own security and
insurance. That language was added to the motion.
The City Manager said once the north park property is
improved, City Council may want to address its policy
on use of that property.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
93.118
Vietnam Veterans of America_- Request Use of
Riverview Park - Carnival - 5/20/93 through
5/23/93 (Staff Recommendation dated 3/25/93,
McGhee Letter dated 3/18/93)
Bill Tripp, 6225 5th Street, Vero Beach; Bernie
McGhee, 2205 19th Avenue SW, Vero Beach, President
Vietnam Veterans of America, Sebastian; and Sal
Mancino, 1625 Whitmore Street, Second Vice President,
Vietnam Veterans of America, Sebastian, addressed
city Council.
Bill Tripp said, due to the conflict in dates with
the Exchange Club, WA will come back at a later
date to request an alternate time.
MOTION by Oberbeck/Damp
I would move that we allow Vietnam Veterans of
America to furnish staff with dates so they may
have a benefit at a future date utilizing the Cavcorp
property.
VOICE VOTE on the motion carried 5-0.
93.119/
92. 140
Yacht Club Finger Pier Extension (Staff
Recommendation dated 3/24/93, Fey Letter dated
1/18/93)
The City Engineer gave a brief report on the proposed
extension.
Mr. Oberbeck suggested that new City Council members
be given a complete packet of documentation prior to
discussion of this item.
City Council Workshop
April 7, 1993
Page Eight
It was the consensus of City Council to defer the
item to the next meeting.
93.120/
92.060
Communications Tower ~ ProDosed Lease Agreement
~nd Monthly Fee (Staff Recommendation dated
3/16/93, Chief Mem~ dated 3/16/93~ Proposed
Agreement, IR~ Rate)
The Chief of Police stated that the department has
received several requests for space on the tower.
city Council discussion ensued. It was the consensus
of city Council that each request should be approved
on a case by case basis. The city Attorney suggested
minor amendments to the proposed lease.
93. 121
1993 Institute for Elected Municipal Officials
(city Clerk Recommendation dated 3/31/93,
Brochure)
Mrs. Damp said she will pay her own way to the
institute.
MOTION by Oberbeck/Powell
I would move that we approve the request of the
two council people who requested to attend the seminar
for the 1993 Institute for Elected Officials and if
expenses are incurred and they are in line with the
city allowances that we pick up the expenses.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
93.122
Proposed Cemetery Rate Resolution (Staff
Recommendation dated 4/1/93, R-91-17, ~
~n~ineer Memo dated 3/19/93, Sexton Memo date~
3/24J93, Revenue Recap, Comparison ScheduleI
The Assistant Finance Director, Cemetery Sexton
and city Engineer presented the request for Cemetery
rate adjustment for lots and niches and recommended
that cremains lot sales be discontinued.
TAPE II - SIDE II (9:38 p.m.)
City Council discussion followed.
8
City Council Workshop
April 7, 1993
Page Nine
MOTION by Oberbeck/Freeland
I would move that we accept the recommendations
of staff and authorize them to proceed with the
recommendations.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
93.123
Proposed siqn ordinance (Staff Recommendation
dated 3/30/93, Proposed Ordinance Language)
The Director of Community Development briefly
explained the proposed ordinance language.
City Council concurred with grandfathering non-
conforming signs, allowing and limiting off-premise
signs/billboards to 32 square feet and designating
them directional signs, and increasing facade signs
to fifteen percent.
93.124
He
Proposed Waterway Ordinance Re:. Motors, Docks~
Davits, Etc. (Staff Recommendation dated 4/1/93,
Proposed ordinance Language)
The Director of Community Development briefly
explained the proposed ordinance language.
Mr. Oberbeck was excused from 10:10 p.m. to 10:12
p.m.
Discussion ensued relative to transient live-aboards'
length of stay. City Council concurred with 30 days'
stay in a twelve month period.
TAPE III - SIDE I (10:25 p.m.)
93.020 I.
Proposed Animal (Pet) ordinance (Staff
Recommendation dated 4/1/93, Proposed Ordinance~
It was the consensus of City Council to choose option
1 of 18.29 with a maximum of 2 fowl, delete sections
18.30, 18.31 and 18.32.
9
City Council Workshop
April 7, 1993
Page Ten
93.091
93.125/
92.189
12.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
A. Debra Curbow Re: Blossom Lake Park /_N_q Backup)
Debra Curbow, Vernon Street, Sebastian, urged City
Council to locate a basketball half-court at Blossom
Lake Park and certain other amenities at no cost to
the City.
The City Manager said adjacent property owners had
expressed objections.
At 10:30 p.m., motion was made as follows:
MOTION by Corum/Freeland
I move to extend the meeting 10 minutes.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Staff was directed to meet with Mrs. Curbow and come
back to City Council. The City Engineer requested
input prior to bringing this item back to Council.
Herbert Sturm Re: Code Enforcement Board £citx
Manager Recommendation dated 3/31/93, Sturm
Brief)
Herbert Sturm, 549 Saunders Street, Sebastian,
addressed City Council on Code Enforcement Board
procedures.
Mr. Oberbeck questioned Mr. Sturm regarding
statements presented.
The City Attorney advised City Council to wait for
the appellate court's decisions and stated that he
believes that Mr. Sturm is asking city Council to
look at Code Enforcement Board general procedures.
10
City Council Workshop
April 7, 1993
Page Eleven
MOTION by Freeland/Powell
I move to extend the meeting five minutes.
ROLL CALL:
Mrs. C°rum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Wally Kramer, Micco, announced "Sebastian River
Appreciation Day" on April 24th at Dale Wimbrow Park.
TAPE III - SIDE II (10:50 p.m.)
13.
Being no further business, Mayor Powell adjourned the
meeting at 10:47 p.m.
Approved at the
~ /~ , 1993, City Council
Meeting. / ~
~o~~.~~o el~M~r
Kathry~ M.' O'Halloran, CMC/~E
City Clerk
11