HomeMy WebLinkAbout08071991 City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
91. 194
91.168
91.195
AGE_~_DA
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAYz AUGUST 7. 1991 - ?500 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. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
5. ANNOUNCEMENTS
6. PUBLIC INPUT ON AGENDA ITEMS
7. WORKSHOP ITEMS
ae
Report on Indian River County's Initiative to
Recycle Solid Waste & Time Extension For Solid
Waste Haulers' Franchises - Ron Brooks, Indian
River County Solid Waste District (Staff
Recommendation dated 8/1/91, IRC Proposal on
Recycling)
Wentworth Street - Side Yard Drainage Culvert -
Review Fred George & Janet Babineau Request
(Staff Recommendation dated 8/1/91)
Review Request from Emergency Management
Committee for Cellular Phone for Emergency
Operations Center ("EOC") (City Manager
Recommendation dated 7/31/91, Gilcher Memo dated
7/30/91)
91. 191
91.070
91.125
91. 196
91. 197
91.045
91. 198
91.129
91.199
91.200
F®
Golf Course Alarm System (Golf Course Manager
Memo dated 7/16/91, National Guard Proposal,
Sebastian Alarm Proposal, Page 5 of 7/24/91 Draft
Minutes)
Discuss Implementation of Stormwater Utility
District - Drainage - Direct Staff to Prepare RFP
to Prepare Master Drainage Plan (Oberbeck & Reid
Request) (Staff Memo dated 8/1/91, City Engineer
Memo dated 8/1/91 w/ Backup)
Board Appointments (Holyk Request) (Staff
Recommendation dated 8/1/91, Resolution No. R-90-
17, City Manager Recommendation dated 4/25/91,
List of Boards and Applicable Codes and Statutes,
Page of 5/1/91 Minutes, Draft Resolution)
Discuss Amendment to Resolution No. R-81-34A -
city Council Meeting Adjournment and Format
(Holyk Request) (Staff Recommendation dated
8/1/91, City Clerk Memo dated 7/30/91 w/
Exhibits)
Review Home Occupational License Code
(oberbeck & Reid Request) (Staff Recommendation
dated 7/31/91, LDC Section 20A-6.1(C) (14)
Discuss Amendment to Resolution No. R-88-77 - IRC
CR 512 Corridor Analysis and Thoroughfare Plan
for Sebastian (Staff Recommendation dated 8/1/91,
R-88-77)
Review Established Criteria for Use of city
Public Parks - Sale of Goods (Reid) (Staff
Recommendation dated 7/31/91)
Grant Funding Assistance for Purchase of CAV-
Corp. Property (Staff Recommendation dated
8/1/91)
Review Proposed Language - Garage Sale Regulation
- Direct City Attorney to Draft Ordinance (Staff
Recommendation dated 8/1/91, Director of
Community Development Memo dated 7/19/91)
Consider Amendment to Section 8-33(B) City Code
Re: Cemetery Monument Size (Staff Recommendation
dated 7/25/91, City Engineer Memo dated 7/25/91,
Sexton Memo dated 5/16/91, Cemetery Committee
Memo w/ Attachments)
2
8. MAYOR'S MATTERS
91.201
Announce Appointment of Councilman Holyk to
Indian River County Transportation Planning
Committee (No Backup)
91.202
Be
Discuss Handicapped Self-Evaluation Committee
Concerns (Mayor's Memo dated 7/29/91)
91.203
Discuss Federal Railroad Administration Order Re:
Resumption of FEC Train Whistles Use Between 10
P.M. and 6 A.M. (FEC Letter dated 7/26/91)
91.204
D®
Discuss Cable Television Franchise - Attorney
General Report (Datagram 7/23/91)
91.205
Discuss Proposed Scott 2000 Airport - Vero Beach
(FDOT Letter dated 7/25/91, Meeting Notice)
9. COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Powell
C. Councilman Reid
D. Councilman Holyk
10. CITY ATTORNEY MATTERS
11. CITY MANAGER MATTERS
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)
91.206 A.
John J. Kanfoush, 1437 Seahouse Street -
Accumulation of Water Since End of May Due to
Construction
13. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THIS CITY
COUNCIL WITH RESPECT TO ANY 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.)
AUGUST 7, 1991 SPECIAL MEETING
ADDRESS:
SUBJECT:
PUBLIC INPUT ON AGENDA ITEMS
SIGNUP SHEET c ~
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
M I N U T E S
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, AUGUST 7, 1991 - 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.
PURPOSE:
CONSIDERATION OF ORDINANCE NO. 0-91-22 -
AMENDING LAND DEVELOPMENT CODE SECTION ~0A-
10.2.B. - APPROVAL OF BUILDING DESIGN
Mayor Conyers called the Special Meeting to order at
7:00 p.m.
2. ROLL CALL
Present:
Also Present:
Mayor W.E. Conyers
Councilman Peter Holyk
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman George Reid
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Golf Course Manager, Jim
DeLarme
City Planner, Catherine Hilton
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Special City Council Meeting
August 7, 1991
Page Two
3. CONSIDER ORDINANCE NO. O-91-22
The City Attorney reiterated his concern for
considering Ordinance No. O-91-22 an emergency as
stated in his letter to Council dated August 2, 1991
(see attached) and advised that in accordance with FS
Section 166.041 this ordinance would require two
public hearings.
MOTION by Holyk/Oberbeck
I move we set a public hearing for Ordinance No.
O-91-22 on August 28, 1991 to be followed by a second
public hearing on September 11, 1991.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Being no other business, Mayor Conyers adjourned the
meeting at 7:09 p.m.
Approved at
2
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, AUGUST 7, 1991 - 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 Conyers called the workshop meeting to order at
7:10 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Peter Holyk
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman George Reid
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Golf Course Manager, Jim
DeLarme
City Planner, Catherine Hilton
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
The City Manager withdrew workshop item B regarding
the Wentworth Street culvert since it had been
resolved by staff.
City Council Workshop
AuGust 7, 1991
Page Two
91.194
5. ANNOUNCEMENTS
None.
6. PUBLIC INPUT ON AGENDA ITEMS
Ted Hryryk and Chris Gross of National Guardian
requested to speak durinG item D - Golf Course Alarm
System. Council concurred.
A1 Vilardi, 445 Georgia Boulevard, Sebastian,
recommended that Council urge the county to Go out to
bid for recyclinG collection services.
Keith Miller, 961 Riviera Avenue, Sebastian, said the
city doesn't need another Gas station.
7. WORKSHOP ITEMS
Report on Indian River County's Initiative to
Recycle Solid Waste & Time Extension For Solid
Waste Haulers' Franchises - Ron Brooks, Indian
River County Solid Waste District (Staff
Recommendation dated 8/1/91, iRC Proposal on
RecyclinG)
Ron Brooks, Indian River County Solid Waste Disposal
Director, Gave a presentation on the County's
proposal to provide a curbside recycling program.
FollowinG a lengthy discussion on program costs,
it was the consensus of Council to concur with the
County program and re-evaluate it at a later date.
The City Manager recommended two alternatives in
regard to the city's franchises with refuse haulers
which terminate in September.
Discussion took place on Granting an exclusive
franchise.
2
City Council Workshop
August 7, 1991
Page Three
91.168
91.195
MOTION by Oberbeck/Powell
I move we put the refuse removal contract with
the city out to bid.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Mayor Conyers called recess at 8:06 p.m. and
reconvened the meeting at 8:17 p.m. Ail members
were present.
Wentworth Street - Side Yard Drainage Culvert -
Review Fred George ~ Janet Babineau Request
(Staff Recommendation dated 8/1/91)
This item had been previously removed from the agenda.
Review Request from Emergency Management
Committee for Cellular Phone for Emergency
Operations Center ("EOC") (City Manager
Recommendation dated 7/31/91, Gilcher Memo dated
7/30/91)
The City Manager presented the request on behalf of
the Emergency Management Committee and requested that
Council consider a transportable phone that can be
used in his vehicle when not in use during an
emergency.
Vice Mayor Oberbeck recommended that no action be
taken until Chief Petty can contact FOP to
investigate their price.
Ed Gilcher, 661 Wimbrow Drive, Sebastian, stated that
Communications International offers the lowest
government rate.
Councilman Powell recommended that Chief Petty
check with FOP and the item be placed on the next
consent agenda for action.
3
City Council Workshop
August 7, 1991
Page Four
91.191 D.
Golf Course Alarm System (Golf Course Manager
Memo dated 7/16/91, National Guard Proposal,
Sebastian Alarm Proposal, Page 5 of 7/24/91 Draft
Minutes)
The City Manager requested direction on the alarm
system since he recalled no clear direction from
Council at the July 24, 1991 regular meeting.
Ted Hryryk and Chris Gross of National Guardian
addressed Council.
It was the consensus of Council that staff go out to
bid for the alarm system with alternate proposals for
lease and purchase.
Ted Hryryk said National Guardian was willing to
extend the current contract while bidding procedures
are conducted.
91.070
Discuss Implementation o__f Stormwater Utilit~
District - Drainage - Direct Staff to Prepare RFP
to Prepar~ Master Drainage Plan (Obe~beck & Reid
Request) (Staff Memo dated 8/1/91, City Engineer
Memo dated 8/1/91 w/ Backup)
The City Engineer gave a brief presentation,
recommended Council concur with engaging a consultant
to establish a master drainage plan and urged
soliciting public input.
Discussion ensued on funding sources.
The City Attorney advised staff to contact Palm Bay,
which has recently passed a stormwater utility.
MOTION by Oberbeck/Holyk
I move we approve getting the consultants aboard
and let them evaluate our problems and at the same
time have staff proceed with grant application
wherever its possible.
4
City Council Workshop
August 7, 1991
Page Five
91.125
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Fe
Board Appointments (Holyk Request) (Staff
Recommendation dated 8/1/91, Resolution No. R-90-
lTL ~ Manager Recommendation dated 4/25/91,
List of Boards and Applicable Codes and Statutes,
Page of 5/1/91 Minutes, Draft Resolution)
Councilman Holyk expressed concern for perpetual
committee reappointments and said that Resolution No.
R-91-17 does not address Committee chairpeople
reviewing all applications on file while considering
reappointments.
Vice Mayor Oberbeck recommended amendment as follows:
"Chairman or co-chairman shall have served on the
board for not less than two years as a voting member
and shall have had a minimum of ninety percent
attendance. No person shall hold the position of
chairman or co-chairman in excess of two years."
Damian Gilliams, 713 Layport Drive, Sebastian
addressed Council.
Councilman Holyk recommended that committee members
be limited to two terms.
The City Attorney advised that since certain boards
are governed by ordinance, certain amendments will
have to be done by ordinances.
J.W. "Tommy" Thompson, 125 Main Street, Sebastian,
addressed Council.
Following further discussion, motions were made as
follows:
5
City Council Workshop
August 7, 1991
Page Six
MOTION by Oberbeck/Powell
I move that "Chairman or co-chairman shall have
served on the board for not less than two years as a
voting member and shall have had a minimum of ninety
percent attendance. No person shall hold the
position of chairman or co-chairman in excess of two
years."
At the request of the City Attorney "excused and
unexcused" was added to the first sentence and
"unless no members meet criteria" was added to the
second sentence.
The City Attorney summarized the motion as follows:
"The Chairman and Vice-Chairman must be a regular
member for not less than two years and must have at
least ninety percent attendance unless no members
meet this criteria.".
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
MOTION by Holyk/Reid
"i move that we limit the tenure of any regular
member to two consecutive terms or six consecutive
years as opposed to an alternate member whichever is
greater". (as stated by City Attorney with
concurrence of Councilman Holyk and Councilman Reid)
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
City Council Workshop
August 7, 1991
Page Seven
91.196
91.197
MOTION by Holyk/Oberbeck
I move "requiring circulation of applications to
the boards and then the board secretaries to members
of the board whenever there's an opening whether the
opening's due to a vacancy or due to the expiration
of a term even if someone's seeking reappointment.".
(as stated by the City Attorney with concurrence of
Councilman Holyk and Vice Mayor Oberbeck)
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
The City Manager stated for the public that the
motions were not for approval but direction to the
City Attorney to draft documents to come back to
Council.
Discuss Amendment to Resolution No. R-81-34A -
City Council Meeting Adjournment and Format
(Holyk Request) (Staff Recommendation dated
8/1/91, City Clerk Memo dated 7/30/91 w/
Exhibits)
Following a brief discussion and possible solutions
to lack of time at meetings for all Council members
to address the public, staff was directed by Council
to move Mayor's Matters, City Council Matters, City
Attorney Matters and City Manager matters closer to
the beginning of the agenda.
Councilman Powell was excused from 9:25 p.m. to 9:27
p.m.
Review Home Occupational License Code
(Oberbeck & Reid Request) (Staff Recommendation
dated 7/31/91, LDC Section 20A-6.1(C)(14)
A lengthy discussion took place relative to
regulation and approval of home occupational
licenses and possible abuses occurring throughout the
city.
7
City Council Workshop
August 7, 1991
Page Eight
91.045
91.198
91.129
Vice Mayor Oberbeck was excused from 9:40 p.m. to
9:42 p.m.
The City Attorney advised that home occupational
license language needs to be made more clear.
Keith Miller addressed Council.
It was the consensus of the majority of Council
to direct staff to draft amendments to clear up
language, present them to Planning & Zoning and come
back to Council with a recommendation.
Discuss Amendment to Resolution No. R-88-77 - IRC
CR 512 Corridor Analysis and Thoroughfare Plan
for Sebastian (Staff Recommendation dated 8/1/91,
R-88-77)
Councilman Holyk expressed concern relative to
the intent of Resolution No. R-88-77 in regard to the
twin pairs, and whether this Council should rescind
it or amend it. A brief discussion ensued, former
Councilman George Metcalf addressed Council and
Council concurred to leave the resolution the way it
is since this Council stated its opposition to the
twin pairs at the July 24, 1991 regular meeting.
Review Established Criteria for Use of City
Public Parks - Sale of Goods (Reid) (Staff
Recommendation dated 7/31/91)
Following a brief discussion relative to sales of
merchandise in city parks and input from the City
Manager, it was the consensus of the majority of
Council to authorize staff to add an additional
condition to staff recommendations to require that
goods be handmade by members of the organization.
Grant Funding Assistance for Purchase of CAV-
Corp. Property (Staff Recommendation dated
8/1/91)
Following presentation by the City Planner and a
brief discussion, it was the consensus of the
majority of Council to discontinue pursuit of grant
funding for the CAVCORP property.
City Council Workshop
August 7, 1991
Page Nine
91.199 L.
Review Proposed Language - Garage Sale Regulation
- Direct City Attorney to Draft Ordinance (Staff
Recommendation dated 8/1/91, Director of
Community Development Memo dated 7/19/91)
Councilman Reid initiated discussion of this item
stating that the recommended language "doesn't do
anything", however, at this time (10:30 p.m.) Mayor
Conyers called for a motion to extend the meeting and
no motion was made.
Mayor Conyers adjourned the meeting at 10:30 p.m.
The following agenda items were not addressed and
will be carried to the August 14, 1991 regular
meeting:
91.200
Consider Amendment to Section 8-33(B) City Code
Re: Cemetery Monument Size (Staff Recommendation
dated 7/25/91, City Engineer Memo dated 7/25/91,
Sexton Memo dated 5/16/91, Cemetery Committee
Memo w/ Attachments)
8. MAYOR'S MATTERS
91.201
Announce Appointment of Councilman Holyk to
Indian River County Transportation Planning
Committee (No Backup)
91.202
Discuss Handicapped Self-Evaluation Committee
Concerns (Mayor's Memo dated 7/29/91)
91.203
Discuss Federal Railroad Administration Order Re:
Resumption of FEC Train Whistles Use Between 10
P.M. and 6 A.M. (FEC Letter dated 7/26/91)
91.204
Discuss Cable Television Franchise - Attorney
General Report (Datagram 7/23/91)
91.205
Discuss Proposed Scott 2000 Airport - Veto Beach
(FDOT Letter dated 7/25/91, Meeting Notice)
9. COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Powell
C. Councilman Reid
City Council Workshop
August 7, 1991
Page Ten
10.
11.
12.
D. Councilman Holyk
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
INTRODUCTION O__F BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
91.206 A.
John J. Kanfoush, 1437 Seahouse Street -
Accumulation of Water Since End of May Due to
Construction
W.E. Conyers, May~
Kathr~M. O'Halloran, City Clerk
Council Meeting.
10