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HomeMy WebLinkAbout03011989City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, MARCH 1, 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 Votapka called the meeting to order at 7:00 p.m. 2. Councilman Vallone led the Pledge of Allegiance. 3. ROLL CALL Present: Absent: Councilman George Metcalf Councilman Robert McCarthy Councilman Peter Vallone Mayor Richard Votapka Vice Mayor Kenneth Roth (unexcused) Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper Finance Director, Carol Carswell City Engineer, Horry Johns Chief of Police, Earle Petty City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio 4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. 89.025 5. ANNOUNCEMENTS Mayor Votapka announced that Department of Community Affairs representatives would be arriving at approximately 8:30 p.m. Council concurred to proceed with agenda items other than 89.032 Review Requirements of Growth Management Act with Les Solin and Representatives of the Department of Community Affairs until their arrival. 6. PUBLIC INPUT A. Leonard Bassi Leonard Bassi, 573 Browning Terrace, presented a paper trail supporting his allegation that code violations still exist in his home, although the case had been closed by the Construction Board and the Department of Professional Regulation and he requested assistance from City Council. Mayor Votapka recommended that Mr. Bassi present Council with a list of violations and a copy of the letter from the Department of Health and Rehabilitative Services dated December 1988. Mayor Votapka said he would call Mike Galanis, Environmental Health Director, first thing the next morning. B. Other Public Matters None. 7. WORKSHOP ITEMS Request from Cit~ Attorney for Authorization of Expenditure of Funds (Estimate S460.00) for Attendance at the Florida Bar Association Local Government Law in Florida Seminar - March 10-11, 1989 - Ponte Vedra Beach (referred to this meetin~ from 2/22/89 Regular Meeting) Mayor Votapka noted that the memo from the Finance Director states that there are ample funds in the administrative portion of the budget to cover this request. MOTION by Metca!f/Vallone I move we approve the request of the City Attorney for $460.00 for travel expenses. MOTION and SECOND were withdrawn. 2 89.030 MOTION by Metcalf/Vallone I move we approve the request of the City Attorney for authorization of expenditure of approximately $460 for attendance at the Florida Bar Association Local Government Law in Florida Seminar - March 10-11, 1989 in Ponte Vedra Beach, Florida. ROLL CALL: Councilman McCarthy - nay Councilman Metcalf - aye Councilman Vallone - aye Mayor Votapka - aye MOTION CARRIED 3-1 (McCarthy - nay) 8. MAYOR'S MATTERS None. 9. COUNCIL MATTERS A. Vice Mayor Roth None (absent). B. Councilman Vallone None. C. Councilman McCarthy At this time a discussion of Council incumbents attending Candidate nights took place, therefore the following item was moved to this part of the agenda. Attorney General Opinion re: Applicability of Government-in-the-Sunshine Law to Election Campaign Functions Attorney Kreuzkamp explained Attorney General opinion 86-23, which he said is designed to Give guidance regarding the sunshine law and applicability to election campaign functions. He recommended that a policy be established for notification by posting in City Hall and release to the press at least twenty fours hours in advance of attendance at campaign functions or other public meetings by Council member candidates or other city board members where discussion may take place on any matter which will eventually have an action taken. Mayor Votapka instructed the City Clerk to draft this policy and distribute it to all City boards. Attorney Kreuzkamp recommended the inclusion of the definition of a public meeting. 3 The City Manager recommended that the City Council Chambers be offered to the Sebastian Highlands Property Owners' Association for their Candidate's night. Council concurred. Councilman McCarthy's matters continued at this time. Councilman McCarthy questioned city liability in regard to a statement in the press by a former Airport Advisory Board member that the airport runways were unsafe. Attorney Kreuzkamp said, in his opinion, that a statement by a former member of a city board would not put the city in a position of liability, however, a statement by the entire board could do so. Airport Manager, John Van Antwerp, stated that the runways are inspected yearly by the FDOT and had within the past six months passed an inspection. Councilman McCarthy asked that this be made a part of the record. Councilman McCarthy requested the initiation of an ordinance to limit commercial vehicle overnight parking on city streets. Discussion took place on what language Council wished to include in the ordinance. Attorney Kreuzkamp informed Council that they have no Jurisdiction on U.S. Highway #1, but could conduct a study and submit it, with a recommendation to limit parking, to the FDOT district engineer for review. He also informed Council that Section 26-21 of the Code of Ordinances allows police officers to notify the owner or driver of an unsafely parked vehicle to move it or be in violation of city codes. In response to question by the City Manager, Chief of Police, Earl Petty said he had been informed by FDOT said it was not illegal to park on U.S. Highway #1. Mayor Votapka instructed staff to look into drafting a parking ordinance and report back to Council as soon as possible and instructed Chief Petty to contact the FDOT district engineer in Ft. Lauderdale regarding parking on U.S. Highway #1. Councilman Vallone requested that Council look into establishing an area for large trucks to park. D. Councilman Metcalf Councilman Metcalf requested that Chief Petty provide him with an accident report for the intersection of Fleming and Lake Streets. 4 When questioned by Attorney Kreuzkamp as to whether there was instruction for the attorneys to draft an ordinance regarding parking on city streets, Mayor Votapka said there was. 10. CITY ATTORNEY MATTERS 89.023 A. Sebastian Lakes Utilities Rate Increase Request Following input from Attorney Kreuzkamp, regarding a 1973 Florida Supreme Court ruling stating that the state or any of its political subdivisions may not take property of any public utilities by fixing of rates or charges which do not allow the utility a reasonable rate of return on the value of their property, by Council consensus staff was instructed to do a rate analysis study for Sebastian Lakes Utilities rather than rely on the 20% cap as set out in the franchise agreement. Attorney Kreuzkamp said he would provide to the Finance Department the state rate analysis formula, as established in 1985. 88.196 Lake Delores Utilities & Cable Television Council instructed Attorney Kreuzkamp to send another letter to Attorney Stephen L. Cook, counsel for Lake Delores Utilities & Cable Television, informing them of the city's intention to proceed with termination of the franchise due to lack of ability to service its customers, and give them fourteen days to respond before the city proceeds with hearings. Other Attorney Matters 89.014 Attorney Kreuzkamp advised Council, regarding its request for the City Attorney to obtain a written opinion from Cocoa City Attorney Richard Amari regarding train whistles, that Attorney Amari had been misquoted in the newspaper and had given only an oral opinion to the Cocoa City Council. 11. CITY MANAGER MATTERS 89.031 A. Request Special Meeting to Discuss Water and Sewer Matters MOTION by Vallone/McCarthy i move we call a special meeting on March 29, 1989 at 7:00 p.m. to discuss water and sewer matters in regard to the memo from the City Manager dated February 15, 1989. VOICE VOTE on the motion carried 4-0. 5 89.032 The City Manager said he would invite area representatives from Indian River County and private utility franchisees to attend the meeting. Mayor Votapka called recess at 9:05 p.m. and reconvened the meeting at 9:15 p.m. Ail members present at recess were present at recall. Review Requirements of Growth Management Act with Les Solin and Representatives of the Department of Community Affairs Mayor Votapka introduced David Russ, Senior Attorney, DCA and George Schmahl, Planning Manager, DCA. Also in attendance were Les Solin and David Moon, Solin and Associates, City Planning Consultants. David Russ outlined the types of elements, under Section 163 FS, which municipalities are required to comply with and the procedures for submittal of the Comprehensive Land Use Plan (CLUP) to the DCA. George Schmahl explained that "the word 'concurrency' comes from language in the statutes which states that it is the intent of the legislature that public facilities and services needed to support development shall be available concurrent with the impact of that development" and explained the establishment of levels of service. Mr. Schmahl handed out copies of Rules of the Department of Community Affairs - Division of Resource Planning and Management. Mr. Russ said that development permits in conflict with the adopted CLUP cannot be issued; the CLUP may be amended twice a year following adoption; that the DCA is not in an enforcement role; and that the city's plan must concur with the state comp plan and regional policy plan but there is no mandate to be consistent with the county plan. Les Solin said the City of Sebastian is in relatively good shape regarding concurrency and used recreation as a scenario for explaining existing and projected deficiencies under the CLUP and possible sources of funding for those projects. Mr. Schmahl said that compliance with a municipali- ties' CLUP is monitored by the state by a five year evaluation report; that within one year of submission of the CLUP, municipalities' zoning regulations must be in compliance with the CLUP, although unless DCA receives a complaint they are not reviewed; and there is currently no authority for extensions on CLUP approval. 6 MOTION by Vallone/Metcalf I move we adjourn the meeting. VOICE VOTE on the motion carried 4-0. 12. Mayor Votapka adjourned the meeting at 10:30 p.m. Approved as amended at the March 8, 1989 Regular Council Meeting. Richard B. Votapka, Mayor Kathry~M. O Halloran, City Clerk 7