HomeMy WebLinkAbout08091989City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 9, 1989 - 7:00 P.M.
CiTY COUNCIL CHAMBERS
122§ 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 7:00
p.m.
2. Attorney Nash led the Pledge of Allegiance.
Reverend Bruce Havens, United Church of Sebastian did
not attend the meeting as scheduled, therefore, Mayor
Votapka called for a moment of silence.
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
Finance Director, Carol Carswell
Chief of Police, Charles Reynolds
City Engineer, David Fisher
City Planner, Peter Jones
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
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Regular City Council Meeting
August 9, 1989
Page 2
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Upon recommendation of the City Manager, the
following motion was made:
MOTION by McCarthy/McCollum
I move we add "Florida Department of Law
Enforcement Computer Terminal User Agreement" to this
agenda under City Manager Matters.
VOICE VOTE on the motion carried 5-0.
Mayor Votapka said Indian River County
representatives would speak during discussion of
opting out of the county impact fee.
6. CONSENT AGENDA
Approval of Minutes - 7/19/89 CLUP Workshop,
7/26/89 Regular Meeting, 7/27/89 CLUP Workshop,
8/2/89 Workshop
89.143
Bid Award - Lot Mowing - Palmetto Tractor Service
- $25.00 per hour
89.140
C. Resolution No. R-89-41 - Flag Desecration
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, TO THE LEGISLATURE OF THE
STATE OF FLORIDA ENCOURAGING ADOPTION OF A
CONSTITUTIONAL AMENDMENT TO PROHIBIT THE
DESECRATION OF THE AMERICAN FLAG.
89.058
Craft Club - Request Use of Riverview Park for
Shows - October 1989 - April 1990 (Staff
Recommendation dated 8/3/89, Memo from Director
of Community Development dated 8/3/89, Letter
from Craft Club dated 8/2/89)
Mayor Votapka removed the August 2, 1989 workshop
minutes for correction and item (C) Resolution No. R-
89-41 for a reading.
Vice Mayor McCarthy removed July 26, 1989 regular
meeting minutes for correction and item (D) Craft
Club for discussion.
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Regular City Council Meeting
August 9, 1989
Page 3
MOTION by McCarthy/Oberbeck
I move we approve the July 19, 1989 and July 27,
1989, CLUP workshop minutes and item (B) Bid Award -
Lot Mowing - Palmetto Tractor Service - $25.00 per
hour.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 5-0.
7/26/89 Minutes
Vice Mayor McCarthy requested that John Reid's
statement of approval by the AOPA for the agreement
in principle between the FAA and the City of
Sebastian be added to the July 26, 1989 minutes; and
requested a verbatim transcript of Steve Johnson's
comments regarding the Airport Planning Study during
public input at the July 26, 1989 meeting.
MOTION by McCarthy/Rondeau
I move we approve the July 26, 1989 regular
meeting minutes as corrected to add John Reid's
comments regarding AOPA approval of the agreement in
principle between the FAA and the City of Sebastian,
based on the City Clerk's review of the tape of that
meeting.
VOICE VOTE on the motion carried 5-0.
(Upon review of the tape it is found that Mr. Reid
said that AOPA concurs with the standstill agreement)
8/2/89 Minutes
MOTION by McCarthy/Oberbeck
I move we approve the August 2, 1989 workshop
minutes with the following change: page 4 strike
"Devon Avenue", replace with "Bevin Street".
VOICE VOTE on the motion carried 3-0.
Resolution No. R-89-41
Attorney Nash read the resolution in its entirety.
ReGular City Council Meeting
AuGust 9, 1989
Page 4
MOTION by McCarthy/Rondeau
I move we adopt Resolution No. R-89-41 as read
and attach to it the August 10, 1989 PlanninG and
Zoning memo in support of the resolution.
ROLL CALL:
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 5-0.
Craft Club - Request Use of Riverview Park
Discussion took place on proposed rules and
regulations pertaininG to Riverview Park. Attorney
Nash said he has been workinG on language on park
regulations with the City Manager and would brinG it
to Council at a future workshop.
MOTION by McCarthy/Oberbeck
I move we approve item (D) request by the Craft
Club for use of Riverview Park on 10/7/89, 11/4/89,
12/2/89, 1/6/90, 2/3/90, 3/3/90, 4/7/90 and 5/5/90,
with rain dates on followinG Sundays.
VOICE VOTE on the motion carried 5-0.
7. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Councilman Oberbeck announced that Councilman Louis
Green, Fellsmere, was in attendance; Mayor Votapka
announced that August 11, 1989 was the scheduled date
of purchase for the north county high school site.
8. PUBLIC INPUT
Mayor Votapka opened public input at 7:32 p.m.
A. Non-AGenda Items
89.144
Sebastian River Area Chamber of Commerce -
Reguest ~or Riverview Park - A~nual Fall ~ood
Festival--/-November 12___~, 198~ (Letter from
Donna Ke~s dated 3/24/89)
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Regular City Council Meeting
August 9, 1989
Page 5
MOTION by McCarthy/McCollum
I move we approve the request of the Sebastian
River Area Chamber of Commerce for use of Riverview
Park on November 12, 1989 for the first annual Fall
Food Festival, and request that Councilman Oberbeck
report back to Council with finalized plans.
VOICE VOTE on the motion carried 5-0.
89.145
2. Teens Against Boredom
Request for Yacht Club - Fee Waiver for
Rental and Security Deposit - 8/26/89 -
7:00 p.m. to 10:00 p.m. (Staff
Recommendation dated 8/3/89)
Debra Jenkins, 820 Bailey Drive, Sebastian, explained
the origins of Teens Against Boredom and requested
use of the Yacht Club on August 26, 1989, for an
organizational meeting and use of the Community
Center on several dates through December as stated in
their letter to Council dated August 3, 1989.
MOTION by McCarthy/Rondeau
I move we approve the request of Teens Against
Boredom for use of the Yacht Club on August 26, 1989,
with a waiver of the rental fee and a request for the
$250 security deposit.
Following discussion of the group's inability to pay
the security deposit, Council members each donated
$50 to cover this use and to be transferred for use
of the Community Center if approved.
ROLL CALL:
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
MOTION CARRIED 5-0.
Request for Community Center for Teen
Nites (Staff Recommendation dated 8/3/89,
Letter from Paul Lindsey dated 8/3/89)
MOTION by Oberbeck/McCarthy
I move we approve the request of Teens Against
Boredom for use of the Community Center on 9/8/89,
9/23/89, 10/13/89, 10/27/89, 11/4/89, 11/16/89,
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Regular City Council Meeting
August 9, 1989
Page 6
ROLL CALL:
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
MOTION CARRIED 5-0.
B. Agenda Items
None.
Mayor Votapka closed public input at 7:55 p.m.
9. COMMITTEE REPORTS/RECOMMENDATIONS
Vice Mayor McCarthy reported on a section of the
traffic element of the County Comprehensive Plan
discussed at the indian River County Transportation
Planning Committee meeting held on August 2, 1989,
regarding jurisdiction of local roads.
10. OLD BUSINESS
None.
11. NEW BUSINESS
89.032
ORDINANCE NO. 0-89-19 - Amendment to
Comprehensive Land Use Plan
FIRST READING, SET PUBLIC HEARING 8/23/89
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE COMPREHENSIVE
PLAN; AMENDING ARTICLE III OF CHAPTER 20 OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING
SECTION 20-51 OF THE CODE OF ORDINANCES PERTAINING TO
THE COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Attorney Nash read Ordinance No. 0-89-19, for the
first time, by title only.
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Regular City Council Meeting
August 9, 1989
Page 7
MOTION by Oberbeck/McCollum
I move we accept Ordinance No. O-89-19 on first
reading and set it for public hearing on August 23,
1989.
Vice Mayor McCarthy expressed his objection, in the
spirit of the standstill agreement, to the recent
addition of proposed language to the land use element
of the plan regarding restrictions to land adjacent
to the airport and requested that it be stricken from
the plan.
The City Planner read the suggested language which
had been sent to Solin & Associates as Section 1-2.4
to Goals, Objectives and Policies of the
Comprehensive Plan at the direction and suggestion of
City Council and Planning and Zoning following the
July 27, 1989 joint workshop. The City Attorney said
the tenor of the July 27, 1989 joint workshop was
such that if no objections were stated to proposed
changes they would be added to the plan.
MOTION TO AMEND MAIN MOTION by McCarthy/McCollum
I move we amend the main motion to delete
language from Exhibit "A" Goals, Objectives and
Policies of the Comprehensive Plan regarding noise
contours and restrictive zoning adjacent to the
airport.
ROLL CALL: (amendment)
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - nay
Councilman Rondeau - aye
Mayor Votapka - nay
MOTION CARRIED 3-2 (Oberbeck and Votapka - nay)
ROLL CALL:
(main motion)
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 5-0.
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Regular City Council Meeting
August 9, 1989
Page 8
Statement of intention to Hold 2nd Public Hearing
on Ordinance No. O-89-19 L Approximately February
1990
Attorney Nash stated that Council should announce on
August 23, 1989, that they will hold a second public
hearing and the approximate time.
12. MAYOR'S MATTERS
89.146
Supervisor of Elections - Request Approval for
Addition of Precinct for City of Sebastian
(Letter from Supervisor of Elections dated
7/31/89)
MOTION by Oberbeck/McCollum
I move we approve the request of Ann Robinson,
Supervisor of Elections, for the addition of a
precinct 14 for the City of Sebastian.
Attorney Nash noted that in accordance with Section
4.06 of the Charter, the precinct will be added by
resolution.
VOICE VOTE on the motion carried 5-0.
Mayor Votapka called recess at 8:32 p.m. and
reconvened the meeting at 8:45 p.m. Ail members
present at recess were present at recall.
13. COUNCIL MATTERS
A. Vice Mayor McCarthy
None.
B. Councilman McCollum
None.
C. Councilman Oberbeck
Councilman Oberbeck said 1) he had received many
complaints regarding unlicensed and uninsured
contracting work operating in the city, distributed
copies of the Palm Beach County ordinance regarding
enforcement of this problem and requested that this
matter be a September 6, 1989 workshop item; 2)
he had received complaints from city boards regarding
lack of time for the Code Enforcement Officer to
address licensing problems; 3) the city should
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Regular City Council Meeting
August 9, 1989
Page 9
consider making the Building Department an enterprise
fund and requested that staff and the City Attorney
look into compliance with state statutes regarding
the establishment of department and use of its funds;
4) that Terry Pinto, County Utilities Director stated
that connection to the county wastewater system would
not be mandatory but that Section 27-122 Code of
Ordinances requires connection within sixty days.
D. Councilman Rondeau
None.
14. CITY ATTORNEY MATTERS
Attorney Nash advised Council that the current
Code Enforcement ordinance needs to be amended in
accordance with changes to FS 162 as signed into law
and effective October 1, 1989 and that Council should
direct the Director of Community Development through
the City Manager to draft an ordinance for the City
Attorney's review.
City Council concurred that Attorney Nash need not
attend the August 12, 1989 budget workshop.
89.024
A. Report - Opt Out of County Impact Fee
Attorney Nash reported on conversations he had with
other city attorneys regarding their experiences with
opting out of county impact fees, advised Council
that he had further information forthcoming,
suggested Council send the City Planner to a seminar
in Orlando regarding the matter, and recommended that
Council direct him to further pursue the matter of
opting out.
William Collins, Indian River County Assistant
Attorney, said that opting out of the county impact
fee would not serve a valid public purpose and that
he was at this meeting to advise that the county is
working on a method whereby impact fees can be used
on collector streets.
James Davis, Indian River County Public Works
Director, said the county has addressed conditions as
requested by the City Council as a part of Resolution
No. R-88-77 which approved the thoroughfare plan and
listed the county's responses to each one.
Regular City Council Meeting
August 9, 1989
Page 10
MOTION by McCarthy/Rondeau
I move we direct the City Attorney to further
investigate the feasibility of opting out of the
county impact fee program.
Attorney Nash advised that his report would take
approximately six to eight hours.
ROLL CALL:
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 5-0.
Attorney Nash advised Council that the hearing on the
motion to dismiss the Snell revised petition was
being rescheduled.
15. CiTY MANAGER MATTERS
FDLE Computer Terminal User Agreement
MOTION by Oberbeck/McCarthy
I move we authorize the Mayor and City Clerk to
execute the FDLE Computer Terminal User Agreement.
ROLL CALL:
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
MOTION CARRIED 5-0.
The City Manager said 1) the Communications Workers
of America had ratified their contract 38-4; 2) the
result of the PERC election was Fraternal Order of
Police 7 and Police Benevolent Association 6; 3) the
Airport Complaint Line would be administered through
the City Clerks office and that a monthly report
would be prepared for Council and Attorney Cutler;
4) the budget workshop will be held on Saturday,
August 12, 1989.
The City Planner gave an update on the Airport
Planning Study.
16. Mayor Votapka ad3ourned the meeting at 10:03 p.m.
10
Approved at the ~~~3
Kathr~ M. 0 Halloran, City Cler
, 1989 ~~. Council Meeting.
Richard B. Votapka, Mayor
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