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.