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Home My WebLink About08081990 City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 90.183 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 8, 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. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3 . INVOCATION 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7. PUBLIC HEARING, FINAL ACTION 8. PUBLIC INPUT A. Non-Agenda Items 1. Reverend Paul Hauenstein - Christ the King Lutheran Church - Request Use of Riverview Park - 10/20/90 - 6:30 a.m. to 4:30 p.m. - Annual Church Bazaar (Staff Recommendation dated 8/2/90, Letter from Rev. Hauenstein dated 7/30/90) 90.184 90.149 90.153 10. 11. Daniel J. Brenner - Coast Guard Auxiliary, Division V - Request for Fee Waiver (Rental and Security) - Community Center - 8/22/90 - 7:30 P.M. to 10:00 P.M. (Rental Application, Letter from Brenner dated 7/30/90) B. Agenda Items 9. CONSENT AGENDA Approval of Minutes - 7/25/90 Regular Meeting, 8/1/90 Workshop PRESENTATIONS COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING & ZONING COMMISSION Recommendation - Proposed Amendment Requiring Subdivisions to Have Two Points of Access - Direct Attorney to Draft Ordinance (Clerk Memo dated 8/2/90, P & Z Recommendation dated 6/6/90, Memo from Kinchen dated 5/29/90) 12. OLD BUSINESS ORDINANCE NO. 0-90-06 - Comprehensive Land Use Plan Amendment - Old Fire Station - U.S. 1 FIRST READING, SET PUBLIC HEARINGS 8/22/90 & 9/12/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM CL (COMMERCIAL LIMITED) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT FOR LAND LOCATED IN THE EAST CENTRAL AREA OF THE CITY, APPROXIMATELY .398 ACRES MORE OR LESS LOCATED ON THE EAST SIDE OF THE RIGHT-OF-WAY OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND SOUTH OF FIRST STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 90.153 90.177 90.185 90.186 ORDINANCE NO. 0-90-07 - Rezoning - Old Fire Station - U.S. 1 FIRST READING, SET PUBLIC HEARINGS 9/12/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE EAST CENTRAL AREA OF THE CITY, APPROXIMATELY .398 ACRES MORE OR LESS LOCATED ON THE EAST SIDE OF THE RIGHT-OF-WAY OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET ,AND SOUTH OF FIRST STREET, FROM CL (COMMERCIAL LIMITED) ZONING DISTRICT TO CG (COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ce Award Bid - Community Center Exterior Doors - 3 Sets - North County Glass - $3,925 (City Manager Recommendation dated 8/2/90, Bid Tabulation Form) 13. NEW BUSINESS 14. 15. Review Noxious Weed Problem in Major Canals South of CR 512 (City Manager Recommendation dated 8/2/90, Interim City Engineer Memo dated 8/2/90, Proposed Contract with AmerAquatic, Inc., Pages 5 & 6 of 1979 GDC Agreement Petitions and Correspondence from Citizens) RESOLUTION NO. R-90-28 - Grant Easement to indian River County (City Manager Recommendation dated 8/2/90, R-90-28, City Manager Letter dated 7/16/90, City Manager Letter dated 3/19/90) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A GRANT OF PERPETUAL EASEMENT IN FAVOR OF INDIAN RIVER COUNTY, FLORIDA, FOR UTILITIES, CONDITIONED ON THE APPROVAL OF THE FEDERAL AVIATION ADMINISTRATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. MAYOR'S MATTERS COUNCIL MATTERS A. Vice Mayor Oberbeck 3 90.182 90.187 16. 17. 18. B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau 1. Consider Requiring Unanimous Vote for Standard Operating Procedures Amendments (Memo from City Clerk dated 7/12/90, Section 2.12 Charter) CITY ATTORNEY MATTERS A. City Attorney Contract - Request for Hourly Rate Increase (City Attorney Memo dated 7/23/90) CITY MANAGER MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE 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.) 4 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 8, 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. Mayor Conyers called the meeting to order at 7:03 p.m. 2. The Pledge of Allegiance was recited. 3. There was no invocation. 4. ROLL CALL Present: Mayor W.E. Conyers Councilman Robert McCollum Vice Mayor Frank Oberbeck Councilman Lonnie Powell Absent: Councilman Lloyd Rondeau (excused) Also Present: City Manager, Robert McClary Assistant City Manager, Jo Anne Townsend City Attorney, Charles Nash Director of Community Development, Bruce Cooper Interim City Engineer, David Fisher City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio 1 Regular City Council Meeting August 8, 1990 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) MOTION by Oberbeck/McCollum I move we move item 13 A under New Business to review the noxious weed problem of the major canals south of 512 up to the front of the order. VOICE VOTE on the motion carried 4-0. 90.185 13. NEW BUSINESS Review Noxious Weed Problem in Major Canals South of CR 512 (City Manager Recommendation dated 8/2/90, Interim City Engineer Memo dated 8/2/90, Proposed Contract with AmerAquatic, Inc., Pages ~ & 6 of 1979 GDC Agreement Petitions and Correspondence from Citizens) The City Manager apprised Council of the current canal problem south of CR 512 which was previously the responsibility of GDC and recommended they waive the bidding procedure and approve execution of the agreement with AmerAquatic, Inc. to proceed immediately. The interim City Engineer presented a map of the subject area, explained the procedure for removal and said additional funding may be necessary for removal of hyacinth in the Schumann Canal area. Trace Wolf, Regional Manager, AmerAquatic, explained the removal procedure and responded to questions from Council. MOTION by Oberbeck/Powell I move we go with the recommendations of staff and go ahead and waive the normal bidding procedure and accept the proposal from AmerAquatic, Inc. in the amount of $8500 and I anticipate GDC will be notified of this cost since this is part of their ongoing cost. It was inferred that any request for funding for additional work beyond the initial $8500 contract will come back to Council. The City Attorney detailed minor changes made to the agreement. Council concurred. 2 Regular City Council Meeting August 8, 1990 Page Three ROLL CALL: Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye MOTION CARRIED 4-0. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS None. 7. PUBLIC HEARING, FINAL ACTION None. 8. PUBLIC INPUT B. Agenda Items Carl Fischer, 523 Cross Creek Circle, Sebastian, addressed item 90.149 "Recommendation - Proposed Amendment Requiring Subdivisions to Have Two Points of Access". A. Non-Agenda items 90.183 Reverend Paul Hauenstein_- Christ the ~ Lutheran Church L Request Use of Riverview Park - 10/20/90_- 6:30 a.m. to 4:30 p.m. - Annual Church Bazaar (Staff Recommendation dated 8/2/90, Letter from Rev. Hauenstein dated 7/30/90) The City Attorney recommended that staff review the Department of Natural Resources grant rules for Riverview Park. The City Manager said he would review conditions of the grant but encouraged Council not to hold up this request. MOTION by Oberbeck/McCollum I move we approve the recommended action of staff with regard to allowing Reverend Paul Hauenstein from Christ the King Lutheran Church to use the Riverview Park on Saturday, October 20, 1990 for their annual church bazaar and that this Council cannot give exclusive use of the park. VOICE VOTE on the motion carried 4-0. 3 Regular City Council Meeting August 8, 1990 Page Four 90.184 2. Daniel J. Brenner - Coast Guard Auxiliary, Division V - Request for Fee Waiver (Rental and Security) - Community Center - 8/22/90 - 7:30 P.M. to 10:00 P.M. (Rental Application, Letter from Brenner dated 7/30/90) Daniel J. Brenner, Training Officer for Division V of the Coast Guard Auxiliary, requested and stated his needs for use of the Community Center. MOTION by Oberbeck/Powell I move we approve the request of the Coast Guard Auxiliary Division V for use of the Community Center for a one time organizational meeting as per their rental permit and that we waive the fee. ROLL CALL: Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Mayor Conyers - aye MOTION CARRIED 4-0. 9. CONSENT AGENDA Approval of Minutes L 7/25/90 Regular Meeting, 8/1/90 Workshop MOTION by Oberbeck/McCollum I move we approve the minutes of the July 25, 1990 Regular Meeting and the August 1, 1990 Workshop. ROLL CALL: Vice Mayor Oberbeck - aye Councilman Powell - aye Mayor Conyers - aye Councilman McCollum - aye MOTION CARRIED 4-0. Mayor Conyers called recess at 7:45 p.m. and reconvened the meeting at 7:55 p.m. Ail members present at roll call were present at recall. 10. PRESENTATIONS None. 4 Regular City Council Meeting August 8, 1990 Page Five 11. COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING & ZONING COMMISSION 90.149 1. 90.153 Recommendation - Proposed Amendment Requiring Subdivisions to--Have Two Points of Access - Direct Attorney to Draft Ordinance (Clerk Memo dated 8/2/90, P & Z Recommendation dated 6/6/90, Memo from Kinchen dated 5/29/90) Discussion took place on whether one point of required access could be of an emergency nature only and what size subdivision would be required to have two accesses. The Director of Community Development said staff could rewrite the language and take it back to Planning and Zoning for clarification. MOTION by Oberbeck/McCollum I move we accept the recommendation of the Director of Community Development to rewrite this and go back to P & Z with these suggestions for clarification. VOICE VOTE on the motion carried 4-0. 12. OLD BUSINESS ORDINANCE NO. 0-90-06 - Comprehensive Land Use Plan Amendment - Old Fire Station - U.S. 1 FIRST READING, SET PUBLIC HEARINGS 8/22/90 & 9/12/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM CL (COMMERCIAL LIMITED) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT FOR LAND LOCATED IN THE EAST CENTRAL AREA OF THE CITY, APPROXIMATELY .398 ACRES MORE OR LESS LOCATED ON THE EAST SIDE OF THE RIGHT-OF-WAY OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND SOUTH OF FIRST STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-90-06 for the first time by title only. Regular City Council Meeting August 8, 1990 Page Six 90.153 90.177 MOTION by Oberbeck/Powell I move we accept the first reading of Ordinance No. 0-90-06 and set for public hearings on August 22, 1990 and September 12, 1990. VOICE VOTE on the motion carried 4-0. ORDINANCE NO. 0-90-07 - Rezoning - Old Fire Station - U.S. 1 FIRST READING, SET PUBLIC HEARINGS 9/12/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE EAST CENTRAL AREA OF THE CITY, APPROXIMATELY .398 ACRES MORE OR LESS LOCATED ON THE EAST SIDE OF THE RIGHT-OF-WAY OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET ,AND SOUTH OF FIRST STREET, FROM CL (COMMERCIAL LIMITED) ZONING DISTRICT TO CG (COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-90-07 for the first time by title only. MOTION by Oberbeck/Powell I move we approve the first reading of Ordinance No. 0-90-07 and set for Dublic hearing on September 12, 1990. VOICE VOTE on the motion carried 4-0. Award Bid - Community Center Exterior Doors - 3 ~ets - North County Glass - 83,925 (City Manager Recommendation dated 872/90, Bid Tabulation Form') Following a brief discussion on the merits of glass versus steel doors motion was made. MOTION by Powell/McCollum I move we award the bid for $3925 to North County Glass of Fellsmere. 6 Regular City Council Meeting August 8, 1990 Page Seven 90.186 14. ROLL CALL: Councilman Powell - aye Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - nay MOTION CARRIED 3-1. (Oberbeck - nay) RESOLUTION NO. R-90-28 - Grant Easement to Indian River County (City Manager Recommendation dated 8/2/90, R-90-28, City Manager Letter dated 7/16/90, City Manager Letter dated 3/19/90) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A GRANT OF PERPETUAL EASEMENT IN FAVOR OF INDIAN RIVER COUNTY, FLORIDA, FOR UTILITIES, CONDITIONED ON THE APPROVAL OF THE FEDERAL AVIATION ADMINISTRATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. George Metcalf, 425 Pine Street, Sebastian, said it may be premature to grant an easement prior to design of the project. MOTION by McCollum/Powell I move we adopt Resolution No. R-90-28. ROLL CALL: Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye MOTION CARRIED 4-0. The City Attorney read Resolution No. R-90-28 by title only. MAYOR'S MATTERS Mayor Conyers and each City Council, member under his matters, expressed sympathy for the death of Ann Dewhurst and praised her public spirit. Discussion took place on medical benefits for Council members. It was decided to discuss this at the budget workshop. Regular City Council Meeting August 8, 1990 Page Eight 90.182 90.187 15. 16. COUNCIL MATTERS A. Vice Mayor Oberbeck Vice Mayor Oberbeck announced the budget workshop on August 11, 1990. B. Councilman McCollum Councilman McCollum reported on his attendance as alternate to the Indian River County Transportation Planning Committee meeting. C. Councilman Powell None. D. Councilman Rondeau Consider Requiring Unanimous Vote for Standard Operating Procedures Amendments (Memo from City Clerk dated 7/12/90, Section 2.12 Charter) MOTION by Oberbeck/Powell I move we continue item D when Councilman Rondeau is here to explain his position. VOICE VOTE on the motion carried 4-0. CITY ATTORNEY MATTERS City Attorney Contract - Request for Hourly Rate Increase (Cit~y Attorney Memo dated 7/23/90) The City Manager noted that the City Attorney would not be attending the budget workshop, therefore, had requested this item be on this agenda. MOTION by Oberbeck/McCollum I move we move the request for the City Attorney's increase in hourly rate to Saturday to be presented at the budget workshop. VOICE VOTE on the motion carried 4-0. Regular City Council Meeting August 8, 1990 Page Nine 17. 18. CITY MANAGER MATTERS The City Manager said Ann Dewhurst will be sorely missed. The City Manager said the alternate position on the Indian River County Transportation Committee had been vacated by the resignation of the City Planner and that Councilman McCollum had volunteered to take the position. MOTION by Oberbeck/Powell I move we appoint Councilman McCollum as alternate on the Indian River County Transportation Planning Committee Councilman McCollum requested that the City Clerk send a letter to Indian River County. VOICE VOTE on the motion carried 4-0. The City Manager reported on the status of the drainage problem in the Easy Street area. He said he place further discussion of this item on the September workshop agenda. Being no further business, Mayor Conyers adjourned the meeting at 8:43 p.m. Approved at the ? yp . O Halloran, City Clerk W Council Meeting. . Conye~ 9