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HomeMy WebLinkAbout10251989City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MINUTE'S SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 25, 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 Votapaka called the meeting to order at 7:03 p.m. 2. Councilman Oberbeck led the Pledge of Allegiance. 3. Invocation was given by Rabbi Jayr. Davis - Temple Beth Shalom 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 City Engineer, David Fisher City Planner, Peter Jones Admin. Secretary, Elizabeth Reid City Clerk, Kathryn O'Halloran Regular City Council Meeting Minutes October 25, 1989 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) The City Manager requested that a new item be placed on the agenda entitled "REQUEST TO AUTHORIZE THE CITY MANAGER TO PURCHASE SIX (6) SPORTS LIGHTING POLES FOR NEW SENIOR LEAGUE FIELD AT THE BARBER STREET SPORTS COMPLEX" This item will be placed under New Business as item 12C. Agenda Item No. 89.198. MOTION by McCollum/Oberbeck - I so move. VOICE VOTE carried 5 - 0 89.191 89.192 89.051 89.193 CONSENT AGENDA A. Approval of Minutes - 10/11/89 Regular Meeting Request for Community Center - Lancaster Wedding - 2/3/90 - A/B - Security Paid - DOB 5/5/59 Request for Community Center - Sebastian Fire Dept. - 1/6/90 - A/B - Security Paid - DOB 1/19/59 Confirm Appointment of Charles L. Reynolds to Police Pension Board of Trustees (City Manager Recommendation dated 10/12/89 w/attachment) Request for Community Center - Fee Waiver - Friends of Sebastian Area Library (Staff Recommendation dated 10/18/89, Letter from FSAL dated 9/6/89) Regular City Council Meeting Minutes October 25, 1989 Page Three Mayor Votapka read the Consent Agenda. MOTION by McCarthy/McCollum I move we approve all items under the Consent Agenda items A, B, C, D and E VOICE VOTE Carried 5 - 0. 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS Mayor Votapka expressed his and the City's sympathy to the family, friends and staff of the Vero Beach Press Journal on the passing of John J. Schumann owner and founder of the paper. He noted that the Junior Women's Club of Sebastian will again hold the Halloween Haunted House. The location of which will be Pottenger's Funeral Home. He requested citizens to have lights on in their houses to encourage "Trick or Treaters". Lights off will mean no participation. A. Proclamation - Ail Airborne Weekend - 11/2 - 11/5 Mayor Votapka read and presented this proclamation to Carl White, Eldon Loud and Robert Gallardo. Proclamation - Celebration of Sebastian Water Shed - 11/1 - 11/4 Mayor Votapka read and presented this proclamation to Keith Knight of G.D.U. PUBLIC HEARING, FINAL ACTION None PUBLIC INPUT A. Non-Agenda Items None B. Agenda Items None Regular City Council Meeting Minutes October 25, 1989 Page Four 10. COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING AND ZONING COMMISSION 89.194 1. Reappointment of Mayme Taylor - Three Year Term (P & Z Recommendation dated 10/10/89, Letter from M. Taylor) MOTION by Oberbeck/McCollum to reappoint Mayme Taylor to a three year term, Planning and Zoning Board. VOICE VOTE Carried 5 - 0 89.195 Appointment of Earl Shroyer - Second Alternate - Three Year Term (P & Z Recommendation dated 10/10/89, Memo from Lt. Puscher dated 8/2/89, Memo from City Clerk dated 7/10/89, Application) MOTION by Oberbeck/McCollum to appoint Earl Shroyer - Second Alternate to a three year term, Planning and Zoning Board. There was a lengthy discussion relative to the City Council first receiving all applications for board applicants. Mr. Jim Wadsworth, Vice Chairman of the P & Z was recognized and stated that the Board did see all applications for their consideration. The City Manager suggested that this item be carried over to November 8, 1989 to enable all members of the Council the availability of the applications. MOTION by McCarthy/Rondeau to table this item to a time certain, November 8, 1989, for the Council to consider the other applicants. ROLL CALL: Councilman McCollum Councilman Oberbeck Councilman Rondeau Mayor Votapka Vice Mayor McCarthy - aye - no - aye - no - aye MOTION CARRIED 3 - 2 (Oberbeck - Votapka no) 4 Regular City Council Meeting Minutes October 25, 1098 Page Five 89.107 11. OLD BUSINESS None 12. NEW BUSINESS A. ORDINANCE NO. O-89-18 - Manufactured Homes FIRST READING, SET PUBLIC HEARING 11/22/89 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA REGARDING MOBILE HOMES AND MANUFACTURED HOMES; AMENDING SECTION 20A-3.7 OF THE LAND DEVELOPMENT CODE TO INCLUDE RESIDENTIAL MANUFACTURED HOMES AS PERMITTED USES IN R-MH MOBILE HOME DISTRICTS; AMENDING THE POLICY AND DEFINITIONS IN SAID SECTION; INCREASING THE MINIMUM LIVING AREA IN A R-MH MOBILE HOME DISTRICT FROM 500 SQUARE FEET TO 900 SQUARE FEET; AMENDING SECTION 20A-4.8 OF THE LAND DEVELOPMENT CODE TO ADD RESIDENTIAL DESIGN MANUFACTURED HOMES AS PERMITTED STRUCTURES IN THE PUD(MH) MOBILE HOME PLANNED UNIT DEVELOPMENT DISTRICT; 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 FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-89-18 by title only for the first reading. MOTION Oberbeck/McCollum to approve first reading of Ordinance No. 0-89-18 and set the Public Hearing for November 22, 1989. ROLL CALL: MOTION CARRIED 5 - 0. Councilman Oberbeck Councilman Rondeau Mayor Votapka Vice Mayor McCarthy Councilman McCollum - aye - aye - aye - aye - aye Regular City Council Meeting Minutes October 25, 1989 Page Six 89.142 89.198 C. B. ORDINANCE NO. 0-89-20 - Animals and Livestock FIRST READING, SET PUBLIC HEARING 11/22/89 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 5, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; BY INCLUDING A PROVISION PROHIBITING LIVESTOCK, FOWL AND NONDOMESTICATED ANIMALS; PROVIDING DEFINITIONS AND PENALTY; 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 AN EFFECTIVE DATE. The City Attorney Read Ordinance No. 0-89-20 by title only for the first reading. MOTION by McCollum/Oberbeck to adopt on first reading and set Public Hearing on November 22, 1989. ROLL CALL: MOTION CARRIED 5 - 0. Councilman Rondearu Mayor Votapka Vice Mayor McCarthy Councilman McCollum Councilman Oberbeck - aye - aye - aye - aye - aye REQUEST FOR ADVANCE APPROVAL TO PURCHASE SIX (6) SPORTS LIGHTING POLES FOR NEW SENIOR LEAGUE FIELD AT BARBER STREET SPORTS COMPLEX. (New Item) The City Manager presented a memo prepared by David Fisher, Interim City Engineer relating to this request. (Copy attached to original minutes) Mr. Fisher answered all questions presented to him. He assured the Council that all documents and bids would be presented to them. 6 Regular City Council Meeting Minutes October 25, 1989 Page Five MOTION by McCarthy/Rondeau move to give advanced approval to purchase six (6) light poles for new senior league field at Barber Street sports complex, not to exceed $18,000, per memo from David Fisher dated October 25, 1989. ROLL CALL: Mayor Votapka Vice Mayor McCarthy Councilman McCollum Councilman Oberbeck Councilman Rondeau - aye - aye - aye - aye - aye MOTION CARRIED 5 - 0. 13. MAYOR'S MATTERS Mayor Votapka gave an updated report on the correspondence received from Larisa Kolesnikova, Sevastopol, U.S.S.R. This letter has been forwarded to Sebastopol, California, in the hopes that the City Manager there is able to reply. He also referred to the fact that the City does not have any kind of brochure extolling the fine amenities of Sebastian. He stated he, as Mayor, would suggest this idea to the Chamber of Commerce. 14. COUNCIL MATTERS A. Vice Mayor McCarthy The Vice Mayor took this opportunity to ask David Fisher for a report on reclaiming the land on the riverfront at the end of Fellsmere Rd. (C.R. 512). The City Manager noted that a status report from Mr. Fisher was received by him today but he did not have time to circulate it. Mr. Fisher gave a verbal report and he recommended that NO further studies be done on the submerged land reclamation until the City decides what the land shall be used for. Mr. Fisher stated 7 Regular City Council Meeting Minutes October 25, 1989 Page Eight 89.073 that Mosby and Associates has been notified to put this item on hold. Vice Mayor McCarthy asked the opinion of the other Council members on their receiving all board applications in the future before they are presented to a particular board. It was the consensus of the City Council that they should receive all board applications when there are vacancies to be voted on, amd that the Chairman or his delegate to the board be present when the Council appoints an applicant. B. Councilman McCollum Councilman McCollum gave a report on the Economic Development Council and also the Florida League of Cities convention that was held in Jacksonville. C. Councilman Oberbeck Council Oberbeck questioned the City owned property North of the Chamber of Commerce (Boone property). Mr. Fisher replied that the plans for this property would be presented to the Planning & Zoning Board October 26, 1989 for consideration. D. Councilman Rondeau Consider Hiring a Full-Time City Attorney - (Recommendation, Memo from Rondeau dated 10/12/89 w/backup, Memo from Finance Director dated 10/12/89, Memo from Finance Director dated 10/16/89) 8 Regular City Council Meeting Minutes October 25, 1989 Page Nine After a lengthy discussion it was decided that perhaps at a future date the position of a full time, in house, City Attorney may be warranted. Mayor Votapka called a recess from 8:20 to 8:40 p.m. Ail members present at recess were present at recall 89.003 15. 16. CITY ATTORNEY MATTERS None CITY MANAGER MATTERS ae Status Report on Airport Consultant Selection (City Planner Recommendation dated 10/18/89, City Planner Memo dated 10/18/89) The City Planner noted that all procedures are being followed in a logical, formal and proper manner and everything is well within the long range targeted dates. He also noted that a qualified consultant should be on board in a very short time with the City Council's final approval. 89.024 Report on Traffic Impact Fees (City Manager Recommendation dated 10/19/89, Letter from IRC Administrator dated 10/11/89, Memo from IRC PW Director dated 10/5/89) The City Manager stated that he was very disappointed that the county was apparently not willing to negotiate with the City. He noted that the City should move forward - based on his reading of the City Council. Mr. McClary said: "If I understand the collective thinking of the City Council, you gentlemen are saying that a traffic impact fee should provide an alternate source of revenue to provide for future traffic needs for the City of Sebastian and the City of Sebastian Traffic Impact Fee once imposed should not greatly increase the Traffic Impact Fees being paid by developers to perhaps a combined City and County 9 Regular City Council Meeting Minutes October 25, 1989 Page Ten Impact Fee." He noted that the City of Sebastian should have a plan of action and he suggested, at this time, the Council's authorization to direct the staff, including the City Attorney, to outline a recommended procedure to establish a City of Sebastian Traffic Impact Fee System. The procedure outlined is to include opting out of the Indian River County.Traffic Impact Fee Ordinance. The City Attorney noted that he did not advise the City Council that it was legal to opt out. A great deal of discussion followed regarding various items. Mayor Votapka stated he did not agree to opt out of the County Impact Fee Ordinance. He stated his reasons for remaining with the County Impact Fee. Me suggested the City foster better cooperation rather than an adversarial role with the County. The Vice Mayor suggested that the proposed traffic study scheduled for 1993/94 at a cost of $80,000 be moved up to 3ustify the city impact fees. This would help the City in their negotiations with the County. He also questioned where the $80,000 would come from. MOTION by McCarthy/McCollum to go along with the recommended action of the City Manager's letter of October 19, and the agenda of October 25, 1989 that is: Move to direct staff, including City Attorney, to outline a recommended procedure to establish a City of Sebastian Traffic Impact Fee System. The procedure outlined is to include opting out of the Indian River County Traffic Impact Fee Ordinance. 10 Regular City Council Meeting Minutes October 25, 1989 Page Eleven ROLL CALL: Vice Mayor McCarthy Councilman McCollum Councilman Oberbeck Councilman Rondeau Mayor Votapka - aye - aye - aye - aye - no MOTION CARRIED 4 - 1 (Mayor Votapka NO) 89.196 Review Park Facility Improvements (P & R Recommendation dated 10/19/89, Memo from City Engineer dated 10/11/89, Memo from City Engineer dated 10/18/89) The City Manager gave a brief summary of Riverview Park, and various other pro3ects that came under the heading "Park Improvements". He made reference to the Memo from Dave Fisher, dated October 11, 1989. (Copy of memo attached to original minutes). MOTION BY Councilman Oberbeck/McCarthy to replace the Clivus as outlined in Scenario A, Page Three. The City Manager noted that 822,500 of the $45,000 would be committed to this project and then the Parks and Recreation Committee would review the balance of the priorities at the next scheduled meeting in November. ROLL CALL: Councilman McCollum Councilman Oberbeck Councilman Rondeau Mayor Votapke Vice Mayor McCarthy - aye - aye - aye - aye - aye MOTION CARRIED 5 - 0. 11 Regular City Council Meeting Minutes October 25, 1989 Page Twelve 17. ADJOURN Being no further items to come before this Council this meeting adjourned at 9:35 p.m. Approved at the ~/oJ~l~ ~ , 1989 Regular Council Meeting. Kathr~ M. O'Halloran, City Clerk 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.) 12 City of Sebastian 'rl*.'LlePHONI= {4o?) FAX 4ol-8~.~57o MEMO RE: 25 October 1989 Pd~XmST FOR AmrfiNCE APP~OVA5 ~0 PUR~ SIX (6) SPORPS LIGHT/19G POl.b~ F~R NEW S~lqIOR LEAGUE FI~ AT BARB~I~ STREE~ SPCRTS G[~ Pursuant to our recent discussion~, this is to formally request advance approval to purchase th~ subject light POl~§~ ~ have on~ quotation on ~ for pole~ fJ~t m-et in terms of specifications and delivery time~ We are in process of obtaining at least ohs additional guotati~a another supplier. We are calling for round c~acrete poles 80 feet long for a fixture mounting height of 70 fe~t (with r~mote ballast}-~ The EPA ratings of the pole~ are Specified according to ~he number of fixtures to be m~t~ted c~ each pole and vary frc~ EPA 12.8 to EPA 19.2. The cost of the six ( 6 )polem i~ estimated to be less than $18,000 delivered~ This amount i~ within our project budget. I am requesting advance approval to plaee an order for these poles because they are a lo~J lead-time if em and not readily available for timely delivery. Whe~ We have c~mpetitiv~ quotations in hand for the poles, we will most likely hav~ ~ move fast to place tbs ~der in order fo guarantee timely delivery.