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Home My WebLink About02101988Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Kathryn M. O'Halloran City Clerk MINUTES . ~EBJ~TIAN CITY ~QUNClL lt~EGUL~R ~EETING WEI~SD~Y, FEBRUAI{~10, 1988 ~ 7:00 P,M,... · CITY COUNCIL CHAMBERS 12~q5 ~IN STREET, SEBASTIAN, FLORIDA 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. Councilman Metcalf led the Pledge of Allegiance. 3. Invocation was glen by Reverend Harold C. Rust, Concordia Lutheran Church. 4. ~LL GALL Present: Vice Mayor Kenneth Roth Councilman Robert McCarthy Councilman Peter Vallone Councilman George Metcalf Mayor L. Gene Harris Absent: Attorney Thomas C. Palmer (excused) 5. PROCLA~4ATION~ AND/OR ANNOUffiCEMENTS Mayor Harris announced that Attorney Palmer was undergoing tests and asked that there be a moment of silent prayer for him. Mayor Harris read a letter from Scott Stepp, applicant for City Engineer, declining the position at this time. He said Mr. Stepp had said that if the Council is willing to wait approximately sixty days he would like to be reconsidered for the postion. 1 88.003 MOTION by Vallone/Metcalf I move we add Discussion/Action on the City Engineer position to this agenda under Old Business. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. MOTION by Vallone/Metcalf I move we add the award of bids for Golf Course Greens Mower, Greens Aerator and Fringe Mower and two military type trucks to this agenda under Old Business. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Vice Mayor Roth said he had spoken with David Morgan, State Attorney's Office, and they had agreed no violation of the Sunshine Law had taken place and the matter was closed. Vice Mayor Roth said this could be added to the minutes. 6. PUBLIC HEARING, FINAL ACTION A. ORDINANCE NO. Q-88-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING PARAGRAPH (A) OF SECTION 2-93, PARAGRAPH (D) OF SECTION 2-94, AND SECTION 2-98 OF ARTICLE V IN CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, AND THEREBY UPDATING THE LIST OF SUBJECT MATTER JURISDICTION OF THE CODE ENFORCEMENT BOARD, AMENDING LIMITATIONS ON REAPPOINTMENTS TO THE BOARD, AND REFERRING TO A RENUMBERED FLORIDA STATUTE AS TO RULES AND REGULATIONS. (lst Reading 1/13/88, Advertised 1/27/88, Public Hearing 2/10/88) City Clerk, Kathryn O'Halloran, read Ordinance No. 0-88- 03, by title only. Mayor Harris opened the Public Hearing at 7:15 P.M. and called for public input. There being none, he closed the Public Hearing at 7:16 P.M. 2 88.004 88.005 MOTION by McCarthy/Roth I move we adopt Ordinance No. 0-88-03 as read by title only. ROLL CALL: Councilman Vallone Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Mayor Harris - Aye MOTION CARRIED. B. ORDINANCE NO. 0-88-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 2-3 OF THE CODE OF ORDINANCES AND THEREBY REMOVING THE PROVISION THAT THE CITY ENGINEER SHALL BE APPOINTED BY THE CITY COUNCIL AND SHALL BE APPOINTED BY THE CiTY MANAGER; ALSO AMENDING THE TITLE TO ARTICLE II, CHAPTER 2 AND SECTION 2-15 OF THE CITY CODE AND THEREBY ELIMINATING THE DECLARATION THAT THE MAYOR'S OFFICE IS A FULL-TIME POSITION AND THE DECLARATION THAT THE MAYOR IS THE CHIEF EXECUTIVE OFFICER OF THE CITY; AND THEREBY SPECIFYING THAT THE CITY MANAGER IS THE CHIEF EXECUTIVE OFFICER OF THE CITY; PROVIDING AN EFFECTIVE DATE. (lst Reading 1/13/88, Advertised 1/27/88, Public Hearing 2/10/88) City Clerk, Kathryn O'Halloran, read Ordinance No. 0-88- 04 by title only. Mayor Harris opened the Public Hearing at 7:20 P.M. and called for public input. There being none, he closed the Public Hearing at 7:21 P.M. MOTION by Roth/McCarthy I move we adopt Ordinance No. 0-88-04 as read by title only. ROLL CALL: Councilman Metcalf - Aye Councilman Vallone - Aye Vice Mayor Roth - Aye Councilman McCarthy - Aye Mayor Harris - Aye MOTION CARRIED. C. ORQI~%NCE NQ. Q-88-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, TRANSFERRING TO THE CITY MANAGER ALL OF THE MAYOR'S RESPONSIBILITIES UNDER THE CITY OF SEBASTIAN'S STANDARD OPERATING PROCEDURES; PROVIDING AN EFFECTIVE DATE. (lst Reading 1/13/88, Advertised 1/27/88, Public Hearing 2/10/88) City Clerk, Kathryn M. O'Halloran, read Ordinance No. 0- 88-05, by title only. Mayor Harris opened the Public Hearing at 7:22 P.M. and called for public input. There being none, he closed the Public Hearing at 7:23 P.M. MOTION by Vallone/Metcalf I move we adopt Ordinance No. 0-88-05 as read by title only. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. 7. COMMITTEE REPORTS Councilman Metcalf said city base maps and atlas agreements have been finalized by the committee and they should be ready in approximately three weeks. Vice Mayor Roth requested that Councilman Metcalf take over as alternate on the Transportation Committee if Vice Mayor Roth is unavailable. 8. PUBLIC INPUT QN AGENDA iTEMS Mayor Harris opened public input on agenda items at 7:29 P.M. Earl Masteller recommended that all city construction projects go through proper site plan review. He said he questioned whether or not the proposed pole building for the airport was actually on airport property. Mr. Masteller also questioned the county residence status of the Airport Advisory Board Vice Chairman. Arthur Lemire questioned if Ordinance 0-88-07 would affect such solicitors as Girl Scouts, candidates, etc. Mayor Harris closed the public input on agenda items at 7:36 P.M. 88.036 88.037 THE FOLLOWING ITEMS WERE NOT ADDRESSED AT THE FEBRUARY 3, 1988 WORKSHOP DUE TO LACK OF TIME: A. AIRPORT ADVISORY BOARD 1. Request tO Purchase ~ractor with Mower MOTION by Metcalf/Vallone I move we authorize the purchase as presented by the Airport Advisory Board of a Tractor including options under State Contract for $9,209. Councilman McCarthy suggested the Vehicle Maintenance Foreman review the bid and make a recommendation to Council. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Nay Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. 2. Request Permission to ~L~ to Bid on Mai~teD_~DC~ B~lding The Building Official said this item had gone through Planning and Zoning review but not site plan review and recommended the city not exempt itself from standard procedures. He said he had felt the pole barn did not seem to him to require site plan review but that the city can not draw the line on projects. John Van Antwerp, Airport Manager, said the proposed location for the pole barn is not on Golf Course property. MOTION by Vallone/Roth I move we refer this item to the Building Official and authorize a survey of the location. ROLL CALL: Councilman Metcalf - Aye Councilman Vallone - Aye Vice Mayor Roth - Aye Councilman McCarthy - Aye Mayor Harris - Aye MOTION CARRIED. 87.146 D~f~ of NQtice to Professional Consultants for the City's Proposed Drainage Study from B~i~do~ and Associates n M~yo~ Harris Mayor Harris said he and Attorney Palmer were comfortable with the proposed draft from Beindorf and Associates. MOTION by Metcalf/Vallone i move we accept the proposed Draft of Notice to Professional Consultants as the City's guideline for study of drainage. Councilman Metcalf recommended Council wait for the City Manager. Mayor Harris said by the time proposals start coming in the City Manager will be on board. Vice Mayor Roth questioned the location of the GDC drainage maps and suggested they be used. ROLL CALL: Vice Mayor Roth - Nay Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Mayor Harris said a mylar of the GDC drainage plan maps was $5000. MOTION by Roth/Metcalf I move we contact General Development Corporation and request that they supply us with updated drainage plan~ maps. Earl Masteller said the city had had sepias and prints and no mylar of the GDC drainage plan maps. He suggested that the Building Official review the maps before any purchase is made. He said some of the maps go back to 1956 or 1958. ROLL CALL: Councilman Vallone - Nay Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Mayor Harris - Aye MOTION CARRIED. 88.038 88.039 Request from Sebastian River Are~ His~Qr[qal Society ~ Repair of Historical Documents Storage Room in City Hall ~ Memo from Building Official Arlene Westphal said the Council had given previous approval for storage and she was now requesting to bring in a table, chairs and files for use one morning per month. The Building Official said the upstairs area of City Hall has not been looked at for occupancy and requested that he be allowed to do an indepth study first. MOTION by Vallone/Metcalf I move we authorize the Building Official bring a report back to Council on life safety and liability factors on the second floor of City Hall. VOICE VOTE on the motion carried 5-0. MOTION by Vallone/McCarthy I move we approve the storage of records for the Sebastian River Area Historical Society on the second floor of City Hall. VOICE VOTE on the motion carried 5-0. Little Leagu~ ~ PresDntation of Proposal for Barber Street Recreation Complex Randy Snyder, Little League, discussed the plan he had presented to Council at a previous meeting. He said there was a five year plan and $21,000 was required for the first year. Robert Lemley, Sebastian Panthers, also spoke on behalf of the youth of Sebastian. MOTION by McCarthy/Vallone I move we authorize $21,000 from reserves for the Little League to begin their five year plan for construction of additional fields at Barber Street Ballfield. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Mayor Harris instructed Randy Snyder to meet with the Finance Director. 88.040 E. ORDINANCE NQ. O-8~-07 (DISCUSSION ONLY) 88.041 88.042 88.043 88.044 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ENACTING A NEW ARTICLE III TO CHAPTER III OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, AND THEREBY PLACING RESTRICTIONS ON DOOR-TO-DOOR SOLICITATIONS; PROVIDING AN EFFECTIVE DATE. F. ORDINANCE NQ~ Q-88-08 (DISCUSSION ONLY) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW PARAGRAPH TO SECTION 7-91 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN AND THEREBY SPECIFYING THAT APPRENTICE PLUMBERS AND APPRENTICE ELECTRICIANS SHALL PERFORM THEIR RESPECTIVE TRADES ONLY UNDER THE DIRECT PERSONAL SUPERVISION OF A MASTER OR JOURNEYMAN OF THE RESPECTIVE TRADE. G. ORDINANCE NO. Q-88-09 (DISCUSSION ONLY) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 7-16 OF THE CODE OF ORDINANCES AND THEREBY ADOPTING THE 1988 EDITION OF THE STANDARD MECHANICAL CODE; THE 1988 EDITION OF THE STANDARD PLUMBING CODE; THE 1988 EDITION OF THE STANDARD GAS CODE; THE 1988 EDITION OF THE STANDARD BUILDING CODE; ALSO REPEALING SECTION 7-21 RELATING TO THE APPEARANCE OF STRUCTURES; ALSO REPEALING SECTION 7- 24 RELATING TO ALUMINUM CONSTRUCTION; ALSO AMENDING SECTION 7-35 IN ARTICLE III OF CHAPTER 7 AND THEREBY ADOPTING THE 1987 EDITION OF THE NATIONAL ELECTRICAL CODE; PROVIDING AN EFFECTIVE DATE. H. ORDINANCE NO. Q-88-10 (DISCUSSION ONLY) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CHAPTER 15 OF THE CODE OF ORDINANCE OF THE CITY OF SEBASTIAN, AND TRANSFERRING SECTION 15-15 TO A NEW PARAGRAPH 10 TO SUBSECTION (G) OF SECTION 20A-7.4 OF THE LAND DEVELOPMENT CODE. I. ORDINANCE NO. Q-88-11 (DISCUSSION ONLY) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW PARAGRAPH (D) TO SECTION 20A-5.16 OF THE LAND DEVELOPMENT CODE AND THEREBY SPECIFYING RESTRICTIONS ON BOATS WITHIN ALL RESIDENTIAL DISTRICTS; ALSO ADDING A NEW SECTION 20A-5.16.1 AND THEREBY ADDING RESTRICTIONS ON LARGE TRUCKS AND HEAVY EQUIPMENT ON PUBLIC PROPERTY OR RESIDENTIALLY ZONED PRIVATE PROPERTY; PROVIDING AN EFFECTIVE DATE. 8 88.045 J. ORDINANCE NO. O-88-12 (DISCUSSION ONLY) AN ORDINANCE AMENDING PARAGRAPH (B) OF SECTION 20A- 5.19 OF THE LAND DEVELOPMENT CODE AND THEREBY CLARIFYING THAT APPLICATIONS FOR SAND MINING PERMITS REQUIRE SITE PLAN REVIEW BY THE PLANNING AND ZONING COMMISSION BEFORE BEING REFERRED TO THE CITY COUNCIL FOR A SPECIAL USE PERMIT; PROVIDING AN EFFECTIVE DATE. Ordinances 0-88-07 through O-88-12 were postponed until the 2/24/88 meeting. 10. ~ONSE~T AGENDA Minutes - 1/27/88 Regular Council, 1/28/88 Interview with Robert McClary, 1/29/88 Special Meeting Model Home Conditional Use Permit Request - Sunlight Homes - Lot 6, Block 215, Unit 8, Sebastian Highlands MOTION by Vallone/McCarthy I move we approve Consent Agenda items A. Minutes - 1/27/88 Regular Council, 1/28/88 Interview with Robert McClary, 1/29/88 Special Meeting; B. Model Home Conditional Use Permit Request - Sunlight Homes - Lot 6, Block 215, Unit 8, Sebastian Highlands VOICE VOTE on the motion carried 5-0. 11. OL~ BUSINESS: Discussion/ActiQn Qn g~ Engineer Position MOTION by Vallone/Metcalf I move we postpone action on Scott Stepp for the position of City Engineer for sixty days and notify Mr. Stepp of this action. VOICE VOTE on the motion carried 5-0. G01f Course ~ Greens ~oweL, Fringe Mowe~, A~[ MOTION BY Vallone/McCarthy I move we award the bids to Hector Turf for the following amounts: Greensmower - $9668.00, Fringe Mower - $9450.00, Aerator - $6295.00. 87.196 88.048 87.146 ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Proposed Golf Course Restaurant Lease ~ 2Bd Draft (as amende~ at 2/4/~ workshop) MOTION by Roth/Vallone I move we postpone action on the proposed Golf Course Restaurant Lease until Attorney Palmer is in attendance. VOICE VOTE on the motion carried 5-0. Be Presentation by Stottlero Stagg - Architect for Police Facility Mayor Harris said Attorney Palmer had reviewed and approved the contract. MOTION by Vallone/Metcalf I move we accept the contract with Stottler, Stagg and engage their services as architectural firm for police facility with the first and second phases not to exceed $5000 each. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. ORDINANCE NO. 0-~8-13 (2nd Draft - 1st Reading - - as amended at 2/3/88 workshop) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ENACTING A NEW CHAPTER 24, AND THEREBY PROVIDING FOR LOCAL PROVISIONS FOR IMPROVEMENTS BY ASSESSMENTS PURSUANT TO CHAPTER 170, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. City Clerk, Kathryn O'Halloran, read Ordinance No. 0-88-13 by title. 10 MOTION by Vallone/Metcalf I move we accept the first reading of Ordinance No. 0-88-13 and set it for public hearing on March 9, 1988. VOICE VOTE on the motion carried 5-0. 12. ~A~Q~'~ MATTER~ None. 13. COUNCIL MATTER~ Mayor Harris said if Attorney Palmer could not attend the next meeting he would retain another attorney. Mayor Harris called recess at 9:05 P.M. and recalled the meeting at 9:10 P.M. All members present before the recess were present at recall. Councilman Metcalf commended Randy Mosby and Bill Messersmith's critique of the Collier Place project. 14. CITY ATTORNEY MATTERS None. 15. NEW BUSINESS 88.046 Reques~ ~ Be~in~ BQudrot to Trade North 35' Lot ~ ~p~ the NQrth 35' of LO~ 2, Hardee Subdivision Bettina Boudrot read the letter she had provided to Council as backup to her request. MOTION by Metcalf/McCarthy I move we instruct the City Attorney to draft the necessary papers to effect a trade between the City and Bettina Boudrot for the north 35' of lot 4 for the north 35' of lot 2, Hardee Subdivision. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Nay Mayor Harris - Aye MOTION CARRIED. 11 88.047 87.299 Memo from Building Official ~ Amendments Sections 20A-5.2. 20A-3.10 20A-3.2, 20A-3.3, and 20A-3.4, Land Development Code MOTION BY Vallone/Metcalf I move we instruct the City Attorney to draft an Ordinance amending Sections 20A-5.2, 20A-3.1, 20A-3.2, 20A-3.3 and 20A-3.4 of the Land Development Code. Vice Mayor Roth said he felt it was right to encourage larger homes, but in his opinion, areas for smaller homes should be set aside. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Vice Mayor Roth - Nay Mayor Harris - Aye MOTION CARRIED. ORDI~AN~ ~ Q-88-~4 (lst Reading, Set Public Hearing) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 20A-15.6 OF THE SIGN ORDINANCE IN THE LAND DEVELOPMENT CODE AND THEREBY PROVIDING CRITERIA FOR OFF-PREMISE OPEN HOUSE SIGNS; PROVIDING AN EFFECTIVE DATE. MOTION by Vallone/Metcalf I move we accept the first reading of Ordinance No. 0-88-14 and set it for public hearing on March 9, 1988. MOTION AMENDED by McCarthy/Metcalf I move we amend the motion to provide for a $25 bond for signs. ROLL CALL: Amendment Councilman Vallone - Nay Vice Mayor Roth - Nay Councilman McCarthy - Aye Councilman Metcalf - Aye Mayor Harris - Aye MOTION CARRIED. 12 16. ROLL CALL: Motion Vice Mayor Roth - Nay Councilman McCarthy - Nay Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Mayor Harris adjourned the meeting at 9:50 P.M. Minutes were approved at the Regular City Council Meeting on February 24, 1988. ATTEST: City ~lerk /mayor 13 L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Kathryn M. O'Halloran City Clerk M E M 0 DATE: February 23, 1988 TO: Mayor & City Council ~.~' FROM: Kathryn M. O'Halloran, CMC/AAE City Clerk February 10, 1988 Regular Council Minutes Please note that on page three of the 2/10/88 Regular Council minutes the roll call on Ordinance NO. 0-88-03 does not contain Councilman Vallone's vote. His vote was Aye. We apologize for this oversight. sam