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HomeMy WebLinkAbout06131990City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 90.145 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 13, 1990 - 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. Mayor Conyers called the meeting to order at 7:00 p.m. 2. Invocation was given by Reverend Richard Rafts, Immanuel Baptist Church, Vero Beach. 3. The American Legion led the Pledge of Allegiance and conducted a ceremony .in observance of Flag Day. 4. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation - Flag Day -- 6/14/90 Mayor Conyers read and presented the Flag Day proclamation to Charles Rairden. 5. ROLL CALL Present: Absent: Mayor W.E. Conyers Vice Mayor Frank Oberbeck Councilman Lonnie Powell Councilman Lloyd Rondeau Councilman Robert McCollum (excused) Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper Finance Director, Carol Carswell Chief of Police, Charles Reynolds City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio 90.096 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. PUBLIC HEARING, FINAL ACTION ORDINANCE NO. 0-90-02 - Removing Language - Section 3.5 Code of Ordinances Re: Airport Director & Board AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING CHAPTER 3.5 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 3.5-2 TO DELETE THE DEFINITION OF AIRPORT DIRECTOR; AMENDING SECTION 3.5-4 TO PROVIDE FOR THE AIRPORT MANAGER TO SUBMIT AIRPORT ACTIVITIES REPORTS AND GOVERNMENTAL REPORTS TO THE CITY MANAGER; DELETING SECTION 3.5-5 THEREBY DELETING THE POSITION OF AIRPORT DIRECTOR; AMENDING SECTION 3.5-6 TO PROVIDE THAT THE CITY MANAGER TO RECOMMEND THE EXPENDITURES FOR THE AIRPORT; AMENDING SECTION 3.5-6 TO PROVIDE THAT THE CITY MANAGER SHALL SUBMIT THE AIRPORT BUDGET TO THE CITY COUNCIL; RENUMBERING SECTION 3.5-6; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/23/90, Advertised 5/30/90, PH 6/13/90) Mayor Conyers opened the public hearing at 7:08 p.m. The City Attorney read Ordinance No. 0-90-02 by title only. The City Manager said staff had no further input beyond their prior recommendation. He said the Airport Manager concurred with the ordinance. Mayor Conyers closed the public hearing at 7:12 p.m. 2 Regular City Council Meeting June 13, 1990 Page 2 90.093 MOTION by Powell/Oberbeck I move we approve Ordinance No. 0-90-02. ROLL CALL: Mayor Conyers - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye MOTION CARRIED 4-0. ORDINANCE NO. 0-90-03 - Adopting 1990 National Electrical Code AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ADOPTION OF THE NATIONAL ELECTRIC CODE; AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 7-35 OF ARTICLE III TO ADOPT THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN EXCEPTIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/23/90, Advertised 5/30/90, PH 6/13/90) Mayor Conyers opened the public hearing at 7:13 p.m. The City Attorney read Ordinance No. 0-90-03 by title only. There being no input, Mayor Conyers closed the public hearing at 7:14 p.m. MOTION by Oberbeck/Powell I move we adopt Ordinance No. 0-90-03 adoption of the 1990 Electrical Code. ROLL CALL: Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye MOTION CARRIED 4-0. Regular City Council Meeting June 13, 1990 Page 3 90.118 C. ORDINANCE NO. 0-90-04 - Contractor Licensing - 2nd Draft AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VII OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CONTRACTORS; AMENDING SECTION 7-91 TO REVISE THE DEFINITION FOR SPECIALTY CONTRACTORS; AMENDING ORDINANCE NO. 90-01 PERTAINING TO THE AMENDMENT MADE TO SECTION 7-92 THEREIN; AMENDING SECTION 7-95 TO PROVIDE FOR CONTRACTORS TO POSSESS A CURRENT OCCUPATIONAL LICENSE FROM INDIAN RIVER COUNTY, FLORIDA; AMENDING SECTION 7-97 PERTAINING TO THE IMPOSITION OF VARIOUS FEES FOR APPLICATIONS, EXAMINATIONS, COMPETENCY CARDS, DUPLICATE LICENSES, CHANGES OF STATUS, LETTERS OF RECIPROCITY, RENEWALS AND REACTIVATION OF LICENSES; AMENDING SECTION 7-103 PROVIDING FOR THE GRANDFATHERING OF CONTRACTORS HOLDING A CURRENT INDIAN RIVER COUNTY CERTIFICATE OF COMPETENCY; 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. (lst Reading 5/23/90, Advertised 5/30/90, PH 6/13/90) Mayor Conyers opened the public hearing at 7:16 p.m. The City Attorney read Ordinance No. 0-90-04 by title only. The Director of Community Development said this ordinance, if adopted, will be consistent with Indian River County's ordinance for testing of all trades and will adopt a new fee schedule. Mayor Conyers closed the public hearing at 7:18 p.m. MOTION by Oberbeck/Rondeau I move we adopt Ordinance No. 0-09-04 the contractor's licensing ordinance. ROLL CALL: Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye MOTION CARRIED 4-0. 4 Regular City Council Meeting June 13, 1990 Page 3 8. PUBLIC INPUT A. NOn-Agenda Items 90.028 1. 89.012 90.045 Stan Dillahay, Jr. - Pelican Island Jaycees - Request to Continue Use of Yacht Club for Weekly Meetings As Per Council Approval of 1/24/90 - 812.50 Per Week - Alcoholic Beverage Use - Security Paid - Dillahay DOB 6/16/63 Stan Dillahay, Jr., corrected his birthdate to 4/16/63 and requested another six months use of the Yacht Club for Jaycees weekly meetings as previously approved. It was noted that the security deposit is on file with the city. MOTION by Oberbeck/Powell I move we approve this. ROLL CALL: Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye Vice Mayor Oberbeck - aye MOTION CARRIED 4-0. Ruth Sullivan - North County Sewer Assessment (No Backup) Ruth Sullivan, 1215 Indian River Drive, urged Council to seek expertise to set a fair method of assessment for the north county sewer pro3ect. The City Manager said the county will be approaching Council for approval of appropriate ordinances and resolutions imposing the assessments in the name of the city and that there is a legitimate concern that a fair assessment be established with the best interests of the city in mind. B. Agenda items Leonard Bassi, 573 Browning Terrace, Sebastian, requested documents regarding the Director of Community Development. Mayor Conyers instructed the City Manager that "anything that's public records that we have in regards to Mr. Cooper or any public 5 Regular City Council Meeting June 13, 1990 Page 4 records in this city you make available to whomever makes a request for them". J.W. "Tommy" Thompson, 125 Main Street, Sebastian, discussed item 88.188 regarding Sebastian Lakes conceptual plan extension and requested that Council instruct the City Attorney to incorporate two provisions regarding Laconia Street right-of-way and Roseland Road extension. Ken Vickers, 1572 Stonecrop Street, Sebastian, Operations Manager, Falcon Cable, addressed Council regarding Resolution No. R-90-22. 9. CONSENT AGENDA 90.146 Approval of Minutes - 5/23/90 Regular Meeting, 5/29/90 Special Meeting Request for Community Center - Mers/Cain Wedding - 8/25/90 - A/B - 2 p.m. to 6 p.m. - Karen Mers Permittee - DOB 6/16/65 - Security Paid (Application) 90.147 90.148 Request of USDA to Install Monitoring Well at Airport (City Manager Recommendation dated 6/6/90, Airport Manager Memo dated 5/31/90) RESOLUTION NO. R-90-22 - Falcon Cable Regulation (Staff Recommendation dated 6/6/90) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING THE UNITED STATES CONGRESS TO GRANT TO MUNICIPALITIES THE PRIVILEGE OF REGULATING CABLE FRANCHISE WITHIN THE BOUNDARIES OF EACH MUNICIPALITY; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. 88.183 88.183 Sebastian Lakes - Request to Extend Conceptual Plan - Set Public Hearing and Direct City Attorney to Draft Proper Documents (Staff Recommendation dated 6/6/90, Letter from Redmond dated 5/4/90 and 5/17/90, 0-88-45, Memo from Director of Community Development dated 6/7/90) Sebastian Lakes Final Plat - Tracts G and G1 - Direct City Attorney to Draft Resolution (Staff Recommendation dated 6/6/90, Application, Plat Under Separate Cover) Regular City Council Meeting June 13, 1990 Page 7 90.149 G. 90.150 H. Proposed Ordinance Amendment Requiring Subdivisions to Have Two Points of Access - Direct Attorney to Draft Ordinance (P & Z Recommendation dated 6/6/90, Memo from Kinchen dated 5/29/90) Set Public Hearing for Rate Increase - Sebastian Lakes Utility Company (Staff Recommendation dated 6/6/90, Memo from Asst. Finance Director dated 6/5/90, Letter from City Attorney dated 2/3/89, Letter from Asst. Finance Director dated 6/6/90, Rate Increase Application under separate cover) Mayor Conyers read the Consent Agenda in its entirety, including the title of Resolution No. R-90- 22. Vice Mayor Oberbeck removed items A, E and F. Councilman Powell removed item G. MOTION by Oberbeck/Powell I move we approve items B, C, D and H. ROLL CALL: Councilman Rondeau - aye Mayor Conyers - aye Vice Mayor Oberbeck - aye Councilman Powell - aye MOTION CARRIED 4-0. Vice Mayor Oberbeck questioned the accuracy of the June 22, 1990 Indian River County meeting date in the May 23, 1990 minutes, page eight, item D. The City Clerk advised that the meeting date was actually May 22, 1990. MOTION by Oberbeck/Powell I move we approve item A with the clarification. VOICE VOTE on the motion carried 4-0. Items E, F and H Vice Mayor Oberbeck said items E, F and H regarding Sebastian Lakes should be discussed at a workshop before any action is taken. Discussion followed on what items should be scheduled for workshop agendas. Regular City Council Meeting June 13, 1990 Page 8 90.151 MOTION by Rondeau/Oberbeck I move we take all items pertaining to Sebastian Lakes, E, F and H, off the agenda and put them on a workshop agenda. ROLL CALL: Mayor Conyers - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye MOTION CARRIED 5-0. The City Clerk noted that item H, request for rate increase from Sebastian Lakes, had been approved in one motion and pulled off the agenda for the August workshop in the next motion. The City Manager said the item can be discussed at the August 1, 1990 workshop and still be scheduled for public hearing at the August 8, 1990 regular meeting. Council concurred. Item G MOTION by Powell/Oberbeck I move we put item G on the August 1, 1990 agenda. VOICE VOTE on the motion carried 4-0. Mayor Conyers called recess at 8:10 p.m. and reconvened the meeting at 8:25 p.m. Ail members present at recess were present at recall. 10. PRESENTATIONS 11. None. COMMITTEE REPORTS/RECOMMENDATIONS A. CODE ENFORCEMENT BOARD Presentation of Case #90-3471 - (in Accordance With 2-106 (c) Code of Ordinances - No Action Required) The Director of Community Development said this was for Council information only and no action was required. 8 Regular City Council Meeting June 13, 1990 Page 9 B. PLANNING & ZONING COMMISSION 90.152 1. Proposed Ordinance Amendment to Chan~e Existing CL-512 Zoning District t~o C-512 Zoning District (Staff Recommendation dated 6/6/90, Memo from Kinchen dated 5/18/90, Memo from Director of Community Development dated 6/6/90) The Director of Community Development said that Planning and Zoning did not concur with the provision he had added regarding model homes on CR 512, therefore, he would concur with its deletion. MOTION by Oberbeck/Powell I move we approve the recommendation with the deletion of the paragraph on model homes on CR 512. (Staff's recommendation was to direct the City Attorney to draft the necessary ordinance for the amendments.) The Director of Community Development said two ordinances are necessary to adopt the zoning classification and to rezone the property. Vice Mayor Oberbeck suggested that staff assist property owners on CR 512 in any way it can to allow them to establish businesses, if the City Attorney concurs. ROLL CALL: Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye MOTION CARRIED 4-0. 90.153 Tentative Approval for Rezoning and Land Use Amendment for Rene Van de Voorde, CL to CG - .398 Acres (Old Fire Station) - Direct Attorney to Draft Ordinances (P & Z Recommendation dated 6/6/90, Memo from Kinchen dated 5/29/90) The Director of Community Development said Planning & Zoning had recommended approval of this item. Attorney Rene Van de Voorde, representing the applicant, addressed Council. Regular City Council Meeting June 13, 1990 Page 10 MOTION by Powell/Oberbeck I move we direct the Attorney to draft the ordinance for tentative approval of rezoning and land use amendment from CL to CG at the old fire house. ROLL CALL: Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye Vice Mayor Oberbeck - aye MOTION CARRIED 4-0. 12. OLD BUSINESS 88.193 90.143 Select Police Station Site (City Manager Recommendation dated 6/5/90, Memo from Mayor dated 6/5/90, Letter from Mayor dated 6/1/90, Letter from Sebastian General Partnership, B.F.T dated 6/5/90, Stottler Stagg Report dated 3/1/89, Miscellaneous Letters & Petitions from Citizens) The City Manager stated that since close of this agenda he had met with Little League Association, represented by its attorney, Rene Van de Voorde, and that they had agreed in principal with a proposal to vacate the lease of the Main Street ballfield in favor of a new lease at Barber Street Sports Complex. Attorney Van de Voorde concurred. Councilman Powell said that the Main Street site was the most logical site now that the Little League will vacate its lease. MOTION by Oberbeck/Powell I move we approve the site on Main Street next to the existing City Hall for our new police station location. ROLL CALL: Councilman Rondeau - Mayor Conyers - aye Vice Mayor Oberbeck - aye Councilman Powell - aye MOTION CARRIED 4-0. 10 Regular City Council Meeting June 13, 1990 Page 11 13. NEW BUSINESS 90.133 A. 88.193 Approve Contract With Architects Design Groups Inc. for Architectural Services for New Police Station (City Manager Recommendation dated 6/6/90, Proposed Contract Between City and Architect Design Group, Inc.) The City Manager stated that the City Attorney has reviewed, modified and concurred with the contract as presented to City Council. MOTION by Rondeau/Powell I move we approve the contract with Architects Design Group. Discussion followed on Article 12.1 of the contract. The City Manager said ADG will provide the city, pursuant to prior Council instruction, with 1) what the firm thinks the city needs based on a needs evaluation and 2) what the city can get for $500,000. He said it will be the architect's responsibility to design a building within the budget that City Council establishes. ROLL CALL: Mayor Conyers - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye MOTION CARRIED 4-0. 90.154 Award Main Street Realignment Project Bid - Ft. Pierce Contracting Corporation - $182,802.75 (Staff Recommendation dated 6/7/90,--Memo from Interim City Engineer dated 6/7/90, Bid Tabulation Form, Letter from Mosby dated 6/6/90) The City Attorney explained that prior to commencement of the realignment, title and security interest on the property must be obtained. Vice Mayor Oberbeck questioned who is responsible for the debris in the area cleared for the realignment. The City Manager said he would check into it. MOTION by Powell/Oberbeck I move we award the Main Street realignment project bid to Ft. Pierce Contracting Corporation in the amount of $182,802.75. 11 Regular City Council Meeting June 13, 1990 Page 12 ROLL CALL: Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye MOTION CARRIED 4-0. 90.155 Main Street Project - Post Office Parking Lot (City Manager Recommendation dated 6/6/90) The City Manager explained the proposed change order for engineering and construction on the Main Street realignment project for improvements to the U.S. Post Office parking lot and recommended approval. MOTION by Oberbeck/Powell I move we recommend the City Manager issue the change orders to the engineers and the contractors for the Main Street realignment based on the letter of commitment from the U.S. Postal Service. ROLL CALL: Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye MOTION CARRIED 4-0. 90.156 RESOLUTION NO. R-90-20 - Repeal Airport Director Job Description (City Manager Recommendation dated 6/5/90) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DELETING THE JOB DESCRIPTION FOR THE OFFICE OF AIRPORT DIRECTOR; DIRECTING THE CITY CLERK TO DELETE THE JOB DESCRIPTION FOR AIRPORT DIRECTOR FROM THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager read Resolution No. R-90-20 by title only. MOTION by Rondeau/Oberbeck I move we pass Resolution No. R-90-20. 12 Regular City Council Meeting June 13, 1990 Page 13 ROLL CALL: Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye MOTION CARRIED 4-0. 90.157 Approve Letter of Engagement with Dobson, Bjerning, Duffey & Rosenfield for FY Audits 1990 through 1992 - FY 1990 Fee - $25,700 (Staff Recommendation dated 6/4/90, Letter from M. Switchkow dated 5/24/90, Engagement Letter) MOTION by Oberbeck/Powell I move we approve the recommended action of staff and that be to the engagement letter from Dobson, Bjerning, Duffey and Rosenfield for the audit of fiscal years 1990, 1991 and 1992 with the fee for fiscal year 1990 being $25,700 be approved. ROLL CALL: Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye Vice Mayor Oberbeck - aye MOTION CARRIED 4-0. 14. MAYOR'S MATTERS Mayor Conyers questioned whether the city could pass a law prohibiting flag burning. The City Attorney said it could not. 15. COUNCIL MATTERS A. Vice Mayor Oberbeck 89.017 Chief Reynolds reported to Vice Mayor Oberbeck there will be finalized language on the mutual aid agreement by June 15. 89.003 The City Attorney reported that he had contacted several firms regarding representation regarding proposed legal action against Cutler and Stanfield and recommended that Council not pursue the matter any further. Mayor Conyers, with the concurrence of Council, stated that the matter would be dropped on the advice of the City Attorney. 13 ReGular City Council Meeting June 13, 1990 Page 14 B. Councilman McCollum Absent. C. Councilman Powell Councilman Powell questioned the status of the cemetery irrigation. The City Manager said he had no report. D. Councilman Rondeau 89.003 Councilman Rondeau questioned the status of the City Attorney's review of the matter of the possible inflation of the Apogee Study airport operation figures by Steve Johnson. The City Manager responded that the City Attorney had submitted a letter to him stating what the attorney would need to pursue the matter, that he had misplaced notes and had not yet responded to the attorneys' letter. Councilman Rondeau suggested that City Council start conducting workshops again. The City Manager said he'd meet with Mayor Conyers to review and present to Council for action a recommendation on what items should be placed on workshop agendas. 16. CITY ATTORNEY MATTERS None. 17. CITY MANAGER MATTERS 90.158 Report On Airport Leasing (City Manager Recommendation dated 6/7/90, Letter from WHS dated 6/5/90, PaRe 9 of 4/11/90 Minutes, Memo from Airport Manager dated 6/7/90) The City Manager and Airport Manager advised that action on leases be deferred at this time in light of the standstill agreement. It was decided that people interested in leasing property get their paperwork in line and that staff draft leasing procedures for future Council approval. Discussion took place on installation of security lighting on the west side of the airport and up grading patrols in light of recent thefts from aircraft. The City Manager said he would address the matter and give Council a status report. 14 Regular City Council Meeting June 13, 1990 Page 15 18. MOTION by Powell/Oberbeck I move we do not put out any leases at the airport until the study has been completed or that we feel we've gotten far enough to where we won't affect the study at the airport. ROLL CALL: Councilman Rondeau - aye Mayor Conyers - aye Vice Mayor Oberbeck - aye Councilman Powell - aye MOTION CARRIED 4-0. Mayor Conyers ad3ourned the meeting at 9:51 p.m. O'Halloran, City Clerk · E. Conveyor Council Meeting. 15