HomeMy WebLinkAbout07261989City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JULY 26, 1989 - 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 7:06
p.m.
The Finance Director led the Pledge of Allegiance.
Invocation was given by Father Joseph LeSage, St.
Sebastian Catholic Church.
4. ROLL CALL
Present:
Vice Mayor Robert McCarthy
Councilman Lloyd Rondeau
Councilman Frank Oberbeck
Councilman Robert McCollum
Mayor Richard Votapka
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Planner, Peter Jones
Finance Director, Carol Carswell
Chief of Police, Charles Reynolds
City Engineer, David Fisher
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
July 26, 1989
Page 2
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
None.
6. CONSENT AGENDA
A. Approve Minutes - 7/12/89 Regular Meeting
Request for Community Center - AIA Reception -
8/6/89 - 6:30 p.m. to 11:30 p.m. - A/B - security
paid
Request for Community Center - Sebastian
Management Corp. (Oyster Pointe) - Christmas
Party - 12/16/89 - 6:00 p.m. to 12:00 a.m. -
security paid
89.131
Request Waiver of Rental Fee and Security Deposit
for Community Center - Police Department Crime
Watch Program - Third Tuesday of Each Month -
7:00 p.m. to 9:00 p.m. (City Manager
Recommendation dated 7/3/89, Memo from Chief of
Police dated 7/3/89)
89.132
89.133
Request for Security Deposit and Rental Fee
Waiver and A/B Use at Community Center - Public
Works Department - August 19, 1989 - 4 p.m. to 10
p.m. (Memo from City Engineer dated 7/20/89)
F. RESOLUTION NO. R-89-41 - Paul J. Kreuzkamp, Jr.
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE
RECOMMENDATION TO THE BOARD OF TRUSTEES OF
BREVARD COMMUNITY COLLEGE FOR A NAME CHANGE;
PROVIDING FOR THE RECOMMENDATION OF A CHANGE IN
THE NAME OF THE BREVARD COUNTY LAW ENFORCEMENT
ACADEMY TO HONOR PAUL J. KREUZKAMP, JR.;
PROVIDING FOR AN EFFECTIVE DATE.
89.134
RESOLUTION NO. R-89-43 - Assignment of Lease
Agreement - Ambulance Squad (Staff Recommendation
dated 7/21/89)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF THE CITY, AN ASSIGNMENT OF
LEASE AGREEMENT WITH THE FELLSMERE VOLUNTEER
AMBULANCE SQUAD, INC., A FLORIDA NOT-FOR-PROFIT
CORPORATION, AND INDIAN RIVER COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA, FOR THE USE
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Regular City Council Meeting
July 26, 1989
Page 3
OF CERTAIN REAL PROPERTY LOCATED AT 1111 MAIN
STREET, SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
FOR PUBLIC SAFETY PURPOSES OF DIRECT BENEFIT TO
THE CITIZENS OF THE CITY; PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Votapka read all Consent Agenda items.
Mayor Votapka removed Consent Agenda item (6)(A);
Councilman Oberbeck removed Consent Agenda item
(6)(E).
MOTION by Oberbeck/McCarth¥
I move we approved Consent Agenda items (6)(B),
(6)(C), (6)(D), (6)(F), and (6)(G).
ROLL CALL:
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
MOTION CARRIED 5-0.
ITEM (6)(A)
Mayor Votapka corrected the 7/12/89 minutes as
follows: page 16, item 89.024 re§arding the City
Attorney's seminar should read "Florida Municipal
Attorneys' Association seminar on August 3, 4 and 5,
1989"
MOTION by McCarthy/Oberbeck
I move we approve the 7/12/89 Regular Meeting
minutes as amended.
VOICE VOTE on the motion carried 5-0.
ITEM (6)(E)
Councilman Oberbeck requested that the application
from Public Works for the Community Center include
permittee David Fisher's proof of age.
MOTION by McCarthy/McCollum
I move we approve the request of the Public Works
Department for use of alcoholic beverages, waiver of
security deposit and rental fee at the Community
Center on August 19, 1989 from 4:00 p.m. to 10:00
p.m., with the addition of proof of age of permittee.
VOICE VOTE on the motion carried 5-0.
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Regular City Council Meeting
July 26, 1989
Page 4
7. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Councilman Oberbeck said the Chamber of Commerce will
request the use of Riverview Park on November 12,
1989 for a food festival.
89.135
Presentation of Pla~ue to George Bonacci -
Employee of the Quarter~_ April, May & Ju~e 1989
Mayor Votapka presented George Bonacci with a plaque
honoring him as Employee of the Quarter.
89.072
Presentation of Certificates to George Bonacci &
Jerry Converse - 4th of July Fireworks
89.096
Mayor Votapka presented George Bonacci with a
certificate of appreciation for the 4th of July
fireworks. George Bonacci accepted a certificate for
Jerry Converse, who assisted Mr. Bonacci, and was
unable to attend the meeting.
8. PUBLIC HEARINGz FINAL ACTION
A. ORDINANCE NO. 0-89-13 - National Electrical Code
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE
ADOPTION OF THE NATIONAL ELECTRICAL CODE;
AMENDING PORTIONS OF ARTICLE III OF CHAPTER 7 OF
THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
REPEALING SECTION 7-47.4 PERTAINING TO SERVICE
ENTRANCE STANDARDS; REPEALING SECTION 7-47.5
PERTAINING TO SPECIAL ELECTRICAL STANDARDS IN
CONJUNCTION WITH COMMERCIAL CONSTRUCTION;
REPEALING SECTION 7-47.6 PERTAINING TO GENERAL
REQUIREMENTS IN CONNECTION WITH ELECTRICAL
INSTALLATION; REPEALING SECTION 7-47.7 PERTAINING
TO THE CARRYING CAPACITY OF ELECTRICAL FEEDERS
AND SUBFEEDERS; REPEALING SECTION 7-47.8
PERTAINING TO STANDARDS FOR VOLTAGE DROP;
RENUMBERING THE EXISTING SECTION 7-47.9;
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 6/14/89, Advertised 7/12/89,
Public Hearing 7/26/89)
Attorney Nash read Ordinance No. O-89-13 for the
second time by title only.
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Regular City Council Meeting
July 26, 1989
Page 5
Mayor Votapka opened the public hearing at 7:24 p.m.
City Manager, Robert McClary explained that the
National Electrical Code is established by national
experts in the industry and constantly updated and
that the city's current codes placed undue financial
burdens on builders and homeowners. George Bonacci,
Chief Building Inspector, concurred and added that
the city's code was not logical.
Mayor Votapka closed the public hearing at 7:27 p.m.
MOTION by Oberbeck/McCollum
I move we adopt Ordinance No. O-89-13 as read by
the City Attorney by title only.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 5-0.
9. PUBLIC INPUT
Non-Agenda Items
1. Nathan McCollum - Treasurer - SVFD - Update
on Fire Station ~onstruction
Nathan McCollum, Treasurer and Chairman of Fire
Department Building Committee, gave a progress report
on the new fire station on U.S. 1 and invited the
public to attend the grand opening on August 6, 1989.
e
George Metcalf L Airport Enterprise Fund
George Metcalf, 425 Pine Street, Sebastian, expressed
concern for current uses of airDort enterprise funds.
B. Agenda Items
George Metcalf, 425 Pine Street, Sebastian, requested
permission to speak to Resolution No. R-89-44 during
discussion of that item. Council concurred.
MOTION by Rondeau/Oberbeck
I move we permit Steve Johnson speak to a non-
agenda item in regard to the airport study.
Regular City Council Meeting
July 26, 1989
Page 6
Attorney Nash advised that according to Section 2 (F)
of Resolution No. R-89-30, regarding public input at
Council meetings, the item to which Mr. Johnson
wished to speak must be added to the agenda.
MOTION and SECOND were withdrawn.
MOTION by Rondeau/Oberbeck
I move we add Airport Study to this agenda under
Public Input.
ROLL CALL:
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 5-0.
Airport Study
Steve Johnson, 12385 Roseland Road, Roseland,
representing a large number of operators and users of
the airport, commented that they can no longer stay in
abeyance on the airport issue since they have not
been approached for input on the upcoming airport
planning study, even though, he said, John Evans,
representing Citizens Airport Watch, has met with the
city's special legal counsel on the matter. He said
a triangular problem exists regarding the airport
since the FAA does not represent, in all cases, the
interests of operators and/or pilots.
The City Manager responded that he didn't feel it was
necessary to solicit comments during the draft of the
preliminary scope of work, however, committees would
be formed for the actual study.
10. COMMITTEE REPORTS/RECOMMENDATIONS
Vice Mayor McCarthy said the next Indian River County
Transportation Planning Committee meeting will be
held on August 2, 1989 at 10:00 a.m.
Regular City Council Meeting
July 26, 1989
Page 7
A. PLANNING AND ZONING COMMISSION
89.136 1.
89.137
Reappointment of William Mahoney to Three
Year Term - 7/89 - 7/92 (P & Z Minutes dated
6/1/89)
MOTION by Oberbeck/McCarthy
I move we approve the reappointment of William
Mahoney to a three year term from July 1989 to July
1992.
VOICE VOTE on the motion carried 5-0.
RESOLUTION NO. R-89-44 - Vtcker Subdivision
Preliminary Plat Approval (Staff Recommendation
dated 7/20/89, P & Z Minutes dated 8/18/88)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO A
PRELIMINARY SUBDIVISION PLAT; APPROVING A
PRELIMINARY SUBDIVISION PLAT FOR AN INDUSTRIAL
SUBDIVISION OCCUPYING A TRACT OF LAND
APPROXIMATELY 30.53 ACRES IN SIZE, LOCATED IN
SECTIONS 17 AND 20, TOWNSHIP 31 SOUTH, RANGE 39
EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR A WAIVER OF CERTAIN
REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION
OF CONDITIONS FOR THE APPROVAL OF THE PRELIMINARY
SUBDIVISION PLAT; PRESCRIBING A TIME LIMIT FOR
APPROVAL OF A FINAL PLAT FOR A MAJOR SUBDIVISION;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Attorney Nash read Resolution No. R-89-44 by title
only.
Mayor Votapka noted that legal descriptions on the
preliminary plat and resolution were different and
said he felt hesitant to approve the resolution
tonight.
Mayor Votapka also said Essex Lane should be labeled
on the plat, the right-of-way shown both on
the north by Concord Avenue and future City of
Sebastian Thoroughfare Plan should be dedicated to
the City of Sebastian on both accounts, and future
right-of-way should be specified as to the width of
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Regular City Council Meeting
July 26, 1989
Page 8
the right-of-way.
MOTION by McCarthy/Rondeau
I move we postpone action on Resolution No. R-89-
44 and refer it to the Director of Community
Development for review and correction of the legal
description.
Vice Mayor McCarthy said the intent of his motion was
such that the Director of Community Development would
use his prerogative to take the matter back to
Planning and Zoning if he feels there are
inconsistencies.
VOICE VOTE on the motion carried 5-0.
George Metcalf, 425 Main Street, Sebastian, discussed
several contingencies as approved by Planning &
Zoning.
11. OLD BUSINESS
None.
12. NEW BUSINESS
89.138
ORDINANCE NO. O-89-16 - Model Home Permit (Staff
Recommendation dated 7/21/89)
FIRST READING, SET PUBLIC HEARING 8/23/89
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO CONDITIONAL
USES; AMENDING THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; AMENDING CLAUSE 20A-
6.1.C.19.b.(1) OF THE LAND DEVELOPMENT CODE
PROVIDING FOR THE APPROVAL OF RENEWALS OF MODEL
HOME PERMITS BY THE PLANNING AND ZONING
COMMISSION; DELETING CLAUSE 20A-6.1.C.19.b.(2) OF
THE LAND DEVELOPMENT CODE REGARDING NOTICE
REQUIREMENTS; RESERVING CLAUSE 20A-6.1.C.19.b.(2)
FOR FUTURE PROVISIONS; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Attorney Nash read Ordinance No. 0-89-16 for the
first time by title only.
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Regular City Council Meeting
July 26, 1989
Page 9
The Director of Community Development explained that
since Planning and Zoning approves model home permits
initially, he felt they should also renew permits.
Attorney Nash stated that Council had previously
instructed staff to make this change.
MOTION by Oberbeck/McCollum
I move we accept Ordinance No. O-89-16 on first
reading, and set it for public hearing on August 23,
1989.
ROLL CALL:
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
MOTION CARRIED 5-0.
89.139
ORDINANCE NO. 0-89-17 - Cemetery Fees (Staff
Recommendation dated 7/20/89)
FIRST READING, SET PUBLIC HEARING 8/23/89
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE
MUNICIPAL CEMETERY; AMENDING THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING
SECTION 8-24 PERTAINING TO FEE TO BE CHARGED BY
THE CITY FOR WORK PERFORMED WITH RESPECT TO A
GRAVESITE AT A TIME OTHER THAN DURING THE REGULAR
WORKING HOURS; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OR ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Attorney Nash read Ordinance No. 0-89-17 for the
first time by title only.
MOTION by McCollum/McCarthy
I move we accept Ordinance No. O-89-17 on first
reading and set it for public hearing on August 23,
1989.
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Regular City Council Meeting
July 26, 1989
Page 10
ROLL CALL:
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
MOTION CARRIED 5-0.
13. MAYOR'S MATTERS
None.
Mayor Votapka called recess at 8:30 p.m. and
reconvened the meeting at 8:45 p.m. Ail members
present at recess were present at recall.
14. COUNCIL MATTERS
A. Vice Mayor McCarthy
When questioned by Vice Mayor McCarthy, the City
Manager said that the budget would be presented at
the August 2, 1989 workshop.
Vice Mayor McCarthy expressed his objection to the
proposal in the indian River County Transportation
Planning Committee's element schedule for certain
roads in the city to four lane Schumann Drive. In
response to his request for input, the majority of
Council concurred with Vice Mayor McCarthy.
Mayor Votapka suggested that Vice Mayor McCarthy
request that the County look into purchasing right-
of-way to extend Powerline Road as an additional
access.
B. Councilman McCollum
Councilman McCollum expressed concern for charges
from Cutler and Stanfield for phone time with John
Evans and requested that the City Manager contact Mr.
Evans and request that any further business be
conducted through the City Manager.
Attorney Nash advised that it is Mr. Cutler who
should be advised not to communicate with Mr. Evans
unless authorized by the City Manager.
Regular City Council Meeting
10
July 26, 1989
Page 11
MOTION by McCollum/Rondeau
I move we direct Eliot Cutler, Special Counsel,
not to accept private citizens' phone calls,
unless authorized through the City Manager Robert
McClary.
MOTION and SECOND were withdrawn.
MOTION by McCollum/Rondeau
I move that we provide that Cutler and Stanfield,
Special Legal Counsel, not charge the City for time
speaking with private citizens including the CAW,
John Evans, AOPA, FBO's, with the exception of FAA
officials acting in their official capacity without
obtaining authority of the City Manager.
MOTION and SECOND were withdrawn.
15. CITY ATTORNEY MATTERS
Attorney Nash announced that he had distributed to
Council a copy of a motion to dismiss the petition
for a writ of mandamus regarding the airport and that
he would not attend the August 2, 1989 workshop in
order to attend the Florida Municipal Attorneys'
Association seminar on August 3, 4 and 5, 1989.
COUNCIL MATTERS CONTINUED
C. Councilman Oberbeck
89.003
1. Cutler & Stanfield Bill
The City Manager said he would contact Eliot Cutler
and request that he not talk to John Evans unless Mr.
Cutler feels it is necessary.
Councilman Oberbeck questioned how the City Planner
was documenting his time spent on the Airport
Planning Study; questioned from what fund the City
Planner and City Attorney were being paid for airport
related matters; questioned certain charges to the
City by Eliot Cutler; announced that an injunction
has been prepared to prevent the city from using
airport enterprise funds for such expenses; expressed
concern that the city has violated the Consultants
Competitive Negotiations Act in its hiring of Cutler
& Stanfield and asked the City Attorney to look into
this.
Regular City Council Meeting
11
July 26, 1989
Page 12
Councilman Rondeau and Councilman Oberbeck were
excused from the meeting at 10:05 p.m. and returned
at 10:08 p.m.
16. CITY MANAGER MATTERS
The City Manager explained the current status of
implementation of the agreement in principle with the
FAA.
The City Planner read the opening paragraph of his
memo to City Council dated July 26, 1989 and gave an
overview of the process and schedule for the Airport
Planning Study.
MOTION by Rondeau/McCarthy
I move we add John Reid's request to speak on the
Airport Planning Study to this agenda.
ROLL CALL:
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
MOTION CARRIED 5-0.
John Reid, Marco Island, AOPA Representative, asked
that the AOPA be included in the Airport Planning
Study. He said, for the record, that he had no
knowledge of any statement made by him that the AOPA
had no objection to the landing fees established in
the charter amendment.
Mr. Reid said that AOPA concurs with the standstill
agreement.
COUNCIL MATTERS CONTINUED
D. Councilman Rondeau
89.140
Request Ordinance Banning Ail Burning of the
American~
Councilman Rondeau requested that Council consider an
ordinance to make it illegal to desecrate the U.S.
flag.
At the advice of Attorney Nash, it was decided to
draft a resolution to send to the U.S. Congress and
State Legislature. The City Clerk was instructed to
obtain a copy of a similar resolution recently passed
by the Indian River County Commission.
12
17. Mayor Votapka adjourned the meeting at 10:30 p.m.
* Approved as amended at the August 9, 1989 Regular City Council
Meeting
Kathr~ M. O'Halloran, City Clerk
Richard B. Votapka, Mayor
13