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Home My WebLink About01271988L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 I-I SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Kathryn M. O'Halloran City Clerk MINUTES SEBASTIAN ¢I.~ COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 27, 1988 ~ 7:00 ~,IT¥ COUNCIL CHAMBERS i__~MAIN STreET, SEBASTIAN~ FLORID~ ALL PROPOSED ORDINANCES AND INFORMATION ON OTHER ITEMS LISTED BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. Mayor Harris called the meeting to order at 7:00 P.M. 2. Attorney Palmer led the Pledge of Allegiance. Invocation was given by Reverend Bruce Havens, United Church of Sebastian. 4. ROLL CALL Present: Vice Mayor Kenneth Roth Councilman Robert McCarthy Councilman Peter Vallone Councilman George Metcalf Mayor L. Gene Harris Attorney Thomas C. Palmer 5. PROCLAMATIONS AND/OR .ANNOUNCEMENTS MOTION by Vallone/McCarthy I move we add "Request from Florida Dept. of Health and Rehabilitative Services to Use the Ambulance Squad Training Room" to this agenda under New Business. VOICE VOTE on the motion carried 5-0. 1/27/88 Mayor Harris said Jeffrey Stone, applicant for City Manager position, had accepted the City Manager position of the City of St. Petersburg Beach. MOTION by Vallone/Metcalf I move we add "Discussion/Action on City Manager Interviews" to this agenda. ROLL CALL: Vice Mayor Roth - Nay The rollcall was discontinued since unanimous affirmative vote is needed. A. ~l~ion Proclamation Attorney Palmer read the election proclamation in its entirety. MOTION by Vallone/Roth I move we add "Request from Airport Advisory Board for funds for a Runway Study" under New Business. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Vice Mayor Roth - Aye Mayor Harris - Aye MOTION CARRIED Councilman McCarthy withdrew item 88.030 Request for verification of D.O.T. funding. Mayor Harris rearranged the agenda as follows: 8. COMMITTEE REPORTS Councilman McCarthy said he had attended the Parks and Recreation Committee meeting and had distributed a memo from them stating a motion to purchase three available riverfront properties currently being considered by the Council. 9. PUBLIC iNPUT QN AGENDA ITEMS Mayor Harris opened the public input on agenda items at 7:10 P.M. Fred Mensing supported the hiring of David Carter as full-time Chief of Police. Mayor Harris closed the public input on agenda items at 7:12 P.M. 2 1/27/88 10. CONSENT AGENDA Am Approve Minutes - 1/6/88 Council Workshop, 1/7/88 Interview with Architectural Firms, 1/8/88 Council Workshop, 1/9/88 Council Workshop, 1/13/88 Regular Council, 1/14/88 Interview - Gene DeMarie, 1/20/88 Special Meeting Bm Request for Community Center - Mission Espano - 2/26/88 - Alcoholic Beverage - Donations MOTION by Vallone/McCarthy I move we approve Consent Agenda items A. Approve Minutes - 1/6/88 Council Workshop, 1/7/88 Interview with Architectural Firms, 1/8/88 Council Workshop, 1/9/88 Council Workshop, 1/13/88 Regular Council, 1/14/88 Interview - Gene DeMarie, 1/20/88 Special Meeting, B. Request for Community Center - Mission Espano - 2/26/88 - Alcoholic Beverage - Donations. VOICE VOTE on the motion carried 5-0. 12. MAYOR'S MATTERS Mayor Harris scheduled a meeting for Friday, January 29th at 3:00 P.M. for discussion/action on next architect to negotiate with for the police facility and discussion/ action on the City Engineer position. Mayor Harris asked that Street Paving be a February 3, 1988 workshop item. 13. CQUNCIL MATTERS Councilman McCarthy said in the future, Council should stop procrastinating in its decision, regarding such decisions as hiring the City Manager and selecting consulting firms. Councilman McCarthy said statements from patrolman regarding Councilmembers being followed should be turned over to the City Attorney who in turn should report back to Council. 14. CITY ATTORNEY MATTERS Attorney Palmer said he and Bill Vincent had spoken to Mr. Galanis, Indian River County Environmental Health Director, regarding expanding the golf course restaurant and had been told that to increase to over 120 seating capacity at this time at least $30,000 would have to be expended for sewerage. Attorney Palmer said based on economics the funds would never be recovered if done prior to County sewer. 1/27/88 Councilman McCarthy said it should be made known that the premises cannot be expanded at this time. 15. NEW BUSINESS Request from Florida Dept. of H~l%h and Re~b~li~tiv~ S~vic~s for Use of A~k~ul~nce Squad T~aining Room MOTION by Vallone/McCarthy I move we approve the request from Florida Dept. of Health and Rehabilitative Services for use of the Ambulance Squad Training Room. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED Airport Advisory Board ~ Request for Funds for Runway Study John Van Antwerp explained the study to Council and said the cost would not exceed $400. MOTION by Roth/McCarthy I move we authorize the Finance Director to do a line item transfer with a cap form $400 from Airport Funds for an engineer to do a runway study. ROLL CALL: Councilman Metcalf - Aye Councilman Vallone - Aye Vice Mayor Roth - Aye Councilman McCarthy - Aye Mayor Harris - Aye MOTION CARRIED 88.024 Discussion/Action -- Letter from City Clerk dated 1/7/~8 re: ~ise - Councilman Vallone After brief comments by Councilmembers and a request by Vice Mayor Roth to the City Clerk to withdraw her request this item was withdrawn. 1/27/88 88.025 88.026 88.029 P~QPoged ~ont~ract for Sale - Boone P]~Q~e~Y - Adjacent to Chamber of Commerce MOTION by Vallone/McCarthy I move we consider the Boone property and that Mayor Harris and Attorney Palmer negotiate the price. John Holder, Flood Realty, said the owners will recognize terms and may accept half now and half later. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Nay Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED Qi~Gu$sion - Lease CAVCORP Property INQ~17 side of Riverview Park) - Mayor Harris Mayor Harris said he would get more information from CAVCORP regarding the possibility of purchasing the east 2/3 of the property and bring it back to Council. D. Police Chief -Discus%ion/Ac~on Robert Stone, past State Attorney, said he would be happy to recommend David Carter. Councilman Metcalf said the proper procedure should be followed and the position should be advertised. MOTION by McCarthy/Vallone I move we appoint David Carter, Jr. as full-time Police Chief of the City of Sebastian at a starting salary of $28,500. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Nay Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED Councilman Metcalf then asked that his vote be change to Aye to make the vote unanimous. Vice Mayor Roth was excused at 8:05 P.M. 5 1/27/88 88.030 88.031 88.032 87.296 Clarification of D.O.T. Funding ~ CQuncilman McCarthy This item withdrawn by Councilman McCarthy. Cemetery Committee - Appointment Qf David Hincemon -- Memo MOTION by Vallone/Metcalf I move we accept the recommendation of the Cemetery Committee to appoint David Hincemon to the Cemetery Committee. VOICE VOTE on the motion carried 4-0. Ge Requ~s[ from Fir~ Presbyterian Church re: P~ving A~$~sme~t Credit fo~ Clearing Right-of-Way for Ex~n~ion of ~ross Street North of Main Street MOTION by Metcalf/Vallone I move we approve the request from the First Presbyterian Church regarding a paving assessment credit of $18,500 for clearing right of way for extension of Cross Street north of Main Street subject to specifications approval of the Building Official. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. 6. BID OPENING A. GQLF COURSE 1. Greens Mower Attorney Palmer opened the bids and read them as follows: DeBra Turf (16 hp) ......... $7663.00 Hector Turf(14 hp) ......... $7463.00 2. Greens Aerator DeBra Turf (5 hp) .......... $5995.00 Hector Turf(8 hp) .......... $6395.00 LESCO ...................... no bid 1/27/88 87.295 87.277 3. F32 inge Mower DeBra Turf (14 bp) ......... $8993.00 LESCO ...................... no b id Hector Turf ................ $9450 MOTION by Vallone/Metcalf I move we refer the bids for Greensmower, Greens Aerator and Fringe Mower to staff for their review and recommendation to Council. VOICE VOTE on the motion carried 4-0. Proposals for Pu~ch~s~ of 15,000 Gallon Per Day Sewage Treatmen~ P~n~ Attorney Palmer opened the three bids and read them as follows: Farrell Enterprises .................. $ 110 Allen's Environmental Equipment ...... $1500 Peter Loomis ................... ~ ..... $ 25 MOTION by Vallone/McCarthy I move we refer the bids to the Airport Advisory Board for their review and recommendation to Council. VOICE VOTE on the motion carried 4-0. 7. PUBLIC HEARING, FINAL ACTiQN A. QRDINANCE NQ. 0-87-28 (PUBLIC HEARING, ADOPTION) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE COMPREHENSIVE LAND USE PLAN DESIGNATION FROM COMMERCIAL OFFICE RESIDENTIAL DISTRICT (COR) TO GENERAL COMMERCIAL (CG) FOR A PARCEL OF PROPERTY IN BLOCK 9 OF EDGEWATER PARK SUBDIVISION, EAST OF U.S. 91 AND SOUTH OF HARRISON STREET, IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, COMPRISING APPROXIMATELY 0.31 ACRES; PROVIDING AN EFFECTIVE DATE. (lst Reading 12/2/87, advertised 1/4 page 1/6/88, 1st PH 1/13/88, 2nd PH 1/27/88 advertised 1/4 page on 1/22/88) 1/27/88 87.277 B. QRDINANCE NO. 0-87-~9 (PUBLIC HEARING, ADOPTION) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING FROM COMMERCIAL OFFFICE RESIDENTIAL DISTRICT (COR) TO GENERAL COMMERCIAL (CG) FOR A PARCEL OF PROPERTY IN BLOCK 9 OF EDGEWATER PARK SUBDIVISION, EAST OF U.S. ~1 AND SOUTH OF HARRISON STREET, IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, COMPRISING APPROXIMATELY 0.31 ACRES; PROVIDING AN EFFECTIVE DATE. (lst Reading 12/2/87, Advertised 1/15/88, Public Hearing 1/27/88) Attorney Palmer read Ordinance No. 0-87-28 and Ordinance No. 0-87-29 by title only. Mayor Harris opened the public hearings at 8:32 P.M. and called for public input. There being no input from the public, Mayor Harris closed the public hearing at 8:33 P.M. MOTION by Vallone/Metcalf I move we adopt Ordinance No. 0-87-28 as read by the City Attorney by title. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED MOTION by Vallone/Metcalf I move we adopt Ordinance No. 0-87-29 as read by the City Attorney by title. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED 1/27/88 87.289 87.289 C. ORDIN%~CE NO. 0-87-30 (PUBLIC HEARING, ADOPTION) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE COMPREHENSIVE LAND USE PLAN DESIGNATION FROM COMMERCIAL OFFICE RESIDENTIAL DISTRICT (COR) TO GENERAL COMMERCIAL (CG) SEVENTEEN (17) PARCELS OF REAL PROPERTY IN THE A.G. ROSE SUBDIVISION AND THE SCHOOL PARK SUBDIVISION, NORTH OF MAIN STREET, WEST OF THE FEC RAILROAD RIGHT-OF-WAY, AND EAST OF CITY HALL, IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, COMPRISING APPROXIMATELY 2.77 ACRES; PROVIDING AN EFFECTIVE DATE. (lst reading 12/16/87, advertised 1/4 page 1/6/88, 1st 1/13/88, 2nd PH 1/27/88 advertised 1/4 page on 1/22/88) D. ORDINANCE NO~ 0-87-31 (PUBLIC HEARING, ADOPTION) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING FROM FROM COMMERCIAL OFFICE RESIDENTIAL DISTRICT (COR) TO GENERAL COMMERCIAL (CG) SEVENTEEN (17) PARCELS OF REAL PROPERTY IN THE A.G. ROSE SUBDIVISION AND THE SCHOOL PARK SUBDIVISION, NORTH OF MAIN STREET, WEST OF THE FEC RAILROAD RIGHT-OF-WAY, AND EAST OF CITY HALL, IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, COMPRISING APPROXIMATELY 2.77 ACRES; PROVIDING AN EFFECTIVE DATE. (lst reading 12/16/87, advertised 1/15/87, PJ gave wrong Ordinance No. will rerun on 1/18/88, PH 1/27/88) Attorney Palmer read Ordinance No. 0-87-30 and Ordinance No. O-87-31 by title only. Mayor Harris opened the public hearings at 8:35 P.M. and called for public input. There being no input from the public, Mayor Harris closed the public hearing at 8:36 P.M. MOTION by Vallone/Metcalf I move we adopt Ordinance No. 0-87-30 as read by the City Attorney by title. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED 1/27/88 88.021 87.283 MOTION by Vallone/Metcalf I move we adopt Ordinance No. O-87-31 as read by the City Attorney by title. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED 11. 9LD BUSINESS~ A. Marker 6__8 Marina - Coulter P~Dp~qs Mr. and Mrs. Coulter, owners of the property, made a presentation to Council. This item was placed on the 2/3/88 agenda along with a discussion of the Boone property and CAVCORP property. B. BUILDING DEPARTMENT Letter __~ Flo32~da D~pt. o~f TranspQrtation - Painting Curbs on U.S. 91 - Building Official MOTION by Vallone/McCarthy I move we allocate $1000 from unencumbered reserves to purchase materials to paint curbs on U.S. Highway 1. Councilman McCarthy said he would rather see Public Work's Employees do the work. ROLL CALL: Councilman Metcalf - Aye Councilman Vallone - Aye Councilman McCarthy - Aye Mayor Harris - Aye MOTION CARRIED Recess was called at 9:05 P.M. and the meeting recalled at 9:10 P.M. Ail members present before the recess were present at recall. 10 1/27/88 87.299 87.183 88.027 C. PLANNING AND ZONING CQMMISSION 1. Memo ~ Real Estate ~Qp~ House) Signs MOTION by Vallone/Metcalf I move we instruct Attorney Palmer to draft an ordinance to amend the sign ordinance to allow temporary open house signs on weekends and bring it back to Council. The Building Official reminded Council that this would apply to all temporary signs not just realtor signs. VOICE VOTE on the motion carried 3-1 (McCarthy - Nay) Presentation - Lloyd ~nd Associates - Phase I - P~evised City Bas~ ~ David Reever, Lloyd and Associates, presented the Mayor with a letter regarding problem areas the firm has come across in creating the city's base maps. He presented Council with the proposed base maps and atlas for their review and recommendation. He said once the recommendations have been received from Council it would be ten working days to completion. Mayor Harris appointed CoUncilman Metcalf, Attorney Palmer and the Building Official to review the proposed atlas and base maps and recommend to Council and Lloyd and Associates. H. RESQLUTION NO. R-88-17 (adoption) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION FOR THE PURPOSE OF ELECTING THE MAYOR FOR A TERM OF TWO (2) YEARS AND TO ELECT ONE (1) CITY COUNCILMAN FOR A TERM OF mO YEARS. Attorney Palmer read Resolution No. R-88-17 by title only. MOTION by Vallone/McCarthy I move we adopt Resolution No. R-88-17 as read by the City Attorney by title. VOICE VOTE on the motion carried 4-0. 11 1/27/88 88.027 88.001 88.002 I. Approva~ Qf Sampl~ Official Ballot MOTION by Vallone/Metcalf I move we approve the sample ballot for the March 8, 1988, election as presented. VOICE VOTE on the motion carried 4-0. ORDINANCE NO. 0-88-01 (lst reading, set Public Hearing on 2/24/88) (no changes from 1/6/88 workshop) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING ARTICLE VIII OF CHAPTER 7 OF THE CODE OF ORDINANCES, CONSISTING OF SECTIONS 7-110 THROUGH 7- 125, PERTAINING TO MINING AND EXCAVATION. Attorney Palmer read Ordinance No. 0-88-01 by title only. MOTION by Vallone/McCarthy I move we accept the first reading of Ordinance No. 0-88-01 and set it for Public Hearing on 2/24/88. VOICE VOTE on the motion carried 4-0. ORDINANCE NO~ 0-88-02 (lst Reading, set Public Hearing on 2/24/88) (no changes from 1/6/88 workshop) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 17-1.1 OF THE CODE OF ORDINANCES OF THE CITY AND THEREBY INCREASING THE SURCHARGE ON COURT COSTS FROM $2.00 TO $3.00 UNDER CHARTER 943, FLORIDA STATUTES; ALSO REPEALING SECTION 17-3 AS TO CURF~4 FOR MINORS, THE SAME BEING UNCONSTITUTIONAL. Attorney Palmer read Ordinance No. 0-88-02 by title only. MOTION by Vallone/McCarthy I move we accept the first reading of Ordinance No. 0-88-02 and set it for Public Hearing on 2/24/88. VOICE VOTE on the motion carried 4-0. 12 1/27/88 88.006 88.011 QRDINANCE NO. 0-88-06 (lst Reading, set Public Hearing on 2/24/88) (no changes from 1/6/88 workshop) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING PARAGRAPH A OF SECTION 20A-11.2, SUB- PARAGRAPH (C) (1) OF SECTION 20A-11.2, SUB-PARAGRAPH (C) (3)(A) OF SECTION 20A-11.2, PARAGRAPH B OF SECTION 20A-11.3, PARAGRAPH (C)(1) OF SECTION 20A- 11.3, SUB-PARAGRAPH (D)(1)(A) OF SECTION 20A- 11.3, SUB-PARAGRAPH (D)(3) OF SECTION 20A-11.4, AND SUB-PARAGRAPH (B)(1) OF SECTION 20A-11.4, ALL IN THE CITY'S LAND DEVELOPMENT CODE, AND THEREBY DELETING REFERENCES TO SPECIFIC PROVISIONS OF VARIOUS PROVISIONS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Ordinance No. 0-88-06 by title only. MOTION by Vallone/McCarthy I move we accept the first reading of Ordinance No. 0-88-06 and set it for Public Hearing on 2/24/88. VOICE VOTE on the motion carried 4-0. Mm RESOLUTION NO. R-88-07 (adoption) (no changes from 1/6/88 workshop - see memo from Building Official) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, SETTING MISCELLANEOUS FEES FOR ACTIONS PERTAINING TO THE LAND DEVELOPMENT CODE AND GENERAL CODES OF THE CITY. Attorney Palmer read Resolution No. R-88-07 by title only. MOTION by Metcalf/Vallone I move we adopt Resolution No. R-88-07 with the deletion of paragraph 3 and a renumbering of the resolution. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone -.Aye Mayor Harris - Aye MOTION CARRIED 13 1/27/88 88.016 RE~QLUTION NO. R-88-12 (adoption) (2nd Draft) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING THE JOB DESCRIPTION OF THE OFFICE OF CITY MANAGER; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Resolution No. R-88-12 by title only. MOTION by Vallone/McCarthy I move we adopt Resolution No. R-88-12 as read by the City Attorney by title. VOICE VOTE on the motion carried 4-0. 16. Mayor Harris adjourned the meeting at 9:30 A.M. Minutes were approved at the Regular City Council Meeting on February 10, 1988. ATTEST: City ~lerk 14