HomeMy WebLinkAbout04061988City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
MINUTES
~EB~TIA~ CITY CQUNCIL
WORKSHOP ~EETING
WEDNESDAY, APRIL 6. 19~ ~ 7.-00 P,M.
CITy. COUNCIL
1222 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 Votapka called the meeting to order at 7:00 P.M.
2. ROLL CALL
Present:
Councilman Kenneth Roth
Councilman Robert McCarthy
Councilman George Metcalf
Vice Mayor Peter Vallone
Mayor Richard B. Votapka
Also Present:
City Attorney, Thomas Palmer
City Manager, Robert McClary
3. PROCLAMATIONS/ANNOUNCEMENtS
Robert McClary withdrew Consent Agenda Item (5) (B)
"Temporary Construction Trailer Permit Request - Strnad
Developers - Presbyterian Church of Sebastian" stating it
did not need Council approval according to City Codes.
Robert McClary stated that item 88.021 "Riptide Marina dba
Marker 68 Marina - Letter from J. Benson Coulter" had
been withdrawn by the applicant.
Robert McClary withdrew item 88.089 "Request from Dan
Preuss - Abandonment of Martin Avenue West of U.S. 1" for
further review.
MOTION by Roth/Metcalf
I move we remove Consent Agenda item (C) "Request for
Community Center - Indian Association - A/B - 5/8/88 &
5/15/88" because of incomplete application and request
they bring it back to Council.
VOICE VOTE on the motion carried 5-0.
A. ~r~at~B ~ Bu~l~in~ Safety Week ~ April 10 ~
Mayor Votapka read a proclamation, proclaiming April
10 through 16, 1988 as Building Safety Week and
presented it to the Building Official.
Proclamation -- American Home Week _- ~ril 24 _~
30, 1988
Mayor Votapka read a proclamation, proclaiming April
24 through 30, 1988 as American Home Week and
presented it to Ned Gartner.
4. PUBLIC INPUT
AL
Henry Dolan -_ P.U.D.s -_ Impact Oh Sebastian and
Its Residents
Henry Dolan requested that codes regulating P.U.D.s
be amended to increase lot size.
B. Other Citizens
Arthur Lemire said lot sizes in Sebastian Highlands
are too small.
Mr. Fay asked if stop in sales of Sebastian Lakes
will impact the new library.
Dr. Beller questioned the legality of Council
procedure between general and run-off elections. He
also questioned where one might find an opinion on
recounts. He was advised to contact the Supervisor
of Elections.
Mike Ryan, Pelican Island Jaycees, requested
alcoholic beverage use at Riverview Park for a Jaycee
fundraiser.
MOTION by Metcalf/Roth
I move we place the request for alcoholic
beverage use at Riverview Park by the Jaycees on the
next agenda.
This motion was never voted on.
MOTION by Roth/Vallone
I move we place the request for alcoholic
beverage use at Riverview Park by the Jaycees on this
agenda.
VOICE VOTE on the motion failed. (Metcalf - Nay)
Mayor Votapka requested this be on the April 13, 1988
agenda.
Sue Silva, Stanley Stillthorpe, Don Marks and Darlene
Hodges discussed their concerns regarding the Italian
American Club building to be built on leased city
property surrounded by RS-10 zoning. Mayor Votapka
suggested they meet with the Building Official and
City Attorney.
Public Input closed at 8:10 P.M.
5. CONSENT AGENDA
ae
Approval of Minutes - 3/23/88 Regular Meeting,
3/28/88 Special Meeting
Temporary Construction Trailer Permit Request -
Strnad Developers - Presbyterian Church of Sebastian
Request for Community Center - Indian Association
- a/s - 5/8/88 & 5/15/88
Items (B) and (C) had been removed from the agenda
previously.
MOTION by Vallone/Metcalf
I move we approve Consent Agenda item (A)
Approval of Minutes - 3/23/88 Regular Meeting and
3/28/88 Special Meeting.
Councilman Roth said he objected to Council not
electing the Vice Mayor at the 3/9/88 or 3/23/88
meetings.
VOICE VOTE on the motion carried 4-1. (Roth - Nay)
88.055
88.055
6. OLD BUSINESS:
ORDINANCE NO, 0-88-20 (Introduction, First
Reading, Set First Public Hearing 4/27/88, Set
Second Public Hearing 5/11/88)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA
AMENDING THE COMPREHENSIVE PLAN DESIGNATION FROM
COMMERCIAL LIMITED (CL) TO GENERAL COMMERCIAL (CG)
FOR A PARCEL OF PROPERTY SOUTH OF MAIN STREET AND
WEST OF THE UNITED STATES POST OFFICE; LOCATED IN THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
COMPRISING 2.92 ACRES; PROVIDING AN EFFECTIVE DATE.
Mayor Votapka noted that there had been a change in
the acreage from 3.65 to 2.92.
The Building Official said there was not a
significant enough change from 3.65 to 2.92 acres to
bring this item back to Planning and Zoning.
Attorney Palmer read Ordinance No. 0-88-20 for the
first time by title only.
MOTION by Roth/Metcalf
I move we accept the first reading of Ordinance
No. 0-88-20 by title and set the first public hearing for
4/27/88 and the second public hearing for 5/11/88.
Mayor Votapka instructed the Building Official to
contact Les Solin, Solin and Associates for his
comments on this Ordinance.
ROLL CALL:
Councilman Metcalf - Aye
Councilman McCarthy - Aye
Vice Mayor Vallone - Aye
Councilman Roth - Aye
Mayor Votapka - Aye
MOTION CARRIED.
B m
ORDINANCE NO. 0-88-21 (Introduction, First
Reading, Set Public Hearing 5/11/88)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA
REZONING FROM COMMERCIAL LIMITED (CL) TO GENERAL
COMMERCIAL (CG) A PARCEL OF PROPERTY SOUTH OF
MAIN STREET AND WEST OF THE UNITED STATES POST
OFFICE; LOCATED IN THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, COMPRISING 2.92 ACRES;
PROVIDING AN EFFECTIVE DATE.
4
88.021
88.080
88.081
Attorney Palmer read Ordinance No. 0-88-21 for the
first time by title only.
MOTION by Vallone/Metcalf
I move we accept the first reading of Ordinance
No. 0-88-21 by title and set it for public hearing on
May 11, 1988.
ROLL CALL:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Vice Mayor Vallone - Aye
Councilman Roth - Aye
Mayor Votapka - Aye
MOTION CARRIED.
Riptide Marina dba Marker 68 Marina - Letter from
J. Benson Coulter
This item was withdrawn by the applicant.
Councilman Metcalf recommended that in the future all
proposals of this type should come through the City
Manager's office.
7. CITY MANAGER'S MATTERS:
A. RESOLUTION NO. R-88-31 (DISCUSSION ONLY)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING RESOLUTION R-87-34, AND THEREBY DELETING A
FORMALIZED FORMAT AGENDA FOR CITY COUNCIL WORKSHOPS
AND MEETINGS; PROVIDING AN EFFECTIVE DATE.
Robert McClary requested approval of this resolution
to allow him more flexibility with the agenda. He
requested public input only for non-agenda items at
regular meetings. No action was taken.
B. RESOLUTION NO, R-88-32 (DISCUSSION ONLY)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
ESTABLISHING RULES OF PROCEDURES FOR THE CONDUCT
OF PUBLIC HEARINGS BEFORE THE CITY COUNCIL;
PROVIDING AN EFFECTIVE DATE.
Robert McClary requested approval of this resolution
so that he can set a specific order for public
hearings. No action was taken.
87.229 C. RESOLUTION NO. R-88-25 (DISCUSSION ONLY)
87.228
88.072
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
ADDING A NEW JOB DESCRIPTION TITLED "BUILDING
MAINTENANCE TECHNICIAN" TO PART V OF THE CITY OF
SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING AN
EFFECTIVE DATE.
Attorney Palmer said that since the city did agree in
principal with the the job descriptions during
union negotiations, the labor attorney recommended
approval of the resolutions. He said the positions
were not budgeted nor are there any employees in the
positions and the city is not compelled to ever fill
the positions.
The City Manager recommended agendizing this item or
placing it on the next meeting's agenda.
Councilman McCarthy said the word AMPS in the job
description should be VOLTS.
Resolution No. R-88-25 was placed on the April 13,
1988 agenda. The Building Official said he would
like to review the job description.
D. R~QLUTION NO, R-88-26 (DISCUSSION ONLY)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
ADDING A NEW JOB DESCRIPTION TITLED "HEAVY EQUIPMENT
OPERATOR" TO PART V OF THE CITY OF SEBASTIAN STANDARD
OPERATING PROCEDURES; PROVIDING AN EFFECTIVE DATE.
Resolution No. R-88-26 was placed on the April 13,
1988 agenda.
Mayor Votapka called recess at 9:00 P.M. and recalled
the meeting at 9:08 P.M. All members present at
recess were present at recall.
E. Discuss Appointmen~ of ~
Robert McClary recommended Contract Option #1 in his
memo of 4/1/88. He recommended that 1) RFPs (Request for
Proposals) be advertised; 2) He said a one page
transmittal letter and not more than a two page
resume should be required; 3) he and two other local
area officials review proposals, interview top three
and recommend to Council; 4) communication line being
through City Manager or Council body. Attorney
Palmer recommended that oral opinions could come from
individual Councilman but written opinions should be
requested by Council as a body or the City Manager's
office. It was decided to amend the agreement to
6
88.033
request that the Attorney either establish an office
in Sebastian within 4 months or not be paid at his
hourly rate until he reached City Hall. It was
decided to advertise in the Press Journal, Sebastian
Sun and Today.
MOTION by Vallone/McCarthy
I move we concur with the City Manager's recommen-
dation as stated in option #1 in his letter of April
1, 1988 and authorize him to advertise for request
for proposals for City Attorney and amend the
agreement that oral opinions could come from
individual Councilman but written opinions should be
requested by Council as a body or the City Manager's
office and request that the Attorney either establish
an office in Sebastian within 4 months or not be paid
at his hourly rate until he reached City Hall.
VOICE VOTE on the motion carried 5-0.
F. Car
MOTION by Metcalf/Vallone
I move we authorize the Finance Director to
transfer $9200 from unappropriated surplus to capital
improvements for purchase of Oldsmobile as requested
by the City Manager.
Councilman Roth questioned the bidding procedure not
being used.
Attorney Palmer asked Tony Clopein if he was
satisfied that this was a fair price. Tony Clopein
said it was. Attorney Palmer said this did not have
to go to bid.
VOICE VOTE on the motion carried 4-1 (Roth - Nay)
G. OtbH~ Ma~ters
Robert McClary suggested that Jerry Thomas continue
on an indefinite basis at $25,000 a year until the
Street Superintendent retires at which time Jerry
Thomas will take over that position. He said that in
the future if the City creates a Public Works
Director position Mr. Thomas could apply for that
position. Vice Mayor Vallone and Councilman Metcalf
objected because proper advertising procedures were
not followed when Mr. Thomas was hired.
MOTION by Roth/McCarthy
I move we direct the City Manager to make a six
month commitment with Jerry Thomas as acting Public
Works Director.
88.082
88.086
88.083
It was decided this was an unappropriate motion since
this was not an agenda item.
MOTION by Roth/McCarthy
I move we place action on hiring Jerry Thomas on
this agenda.
VOICE VOTE on the motion carried 5-0.
MOTION by Vallone/Roth
I move we extend the meeting to 10:35 P.M.
ROLL CALL:
Councilman Roth - Aye
Councilman McCarthy - Aye
Councilman Metcalf - Nay
Vice Mayor Vallone - Aye
Mayor Votapka - Aye
MOTION FAILED. (Unanimous vote needed)
Councilman Metcalf then changed his vote to aye and
the meeting continued.
MOTION by Metcalf/Roth
I move we concur with the City Manager and retain
Jerry Thomas indefinitely at $25,000 per year until
such time as the Street Superintendent retires and
Mr. Thomas takes over that position.
VOICE VOTE on the motion carried 5-0.
Mayor Votapka adjourned the meeting at 10:35 P.M.
The following items were not addressed at this
meeting and will be automatically carried over to the
April 13, 1988 meeting.
8. MAYOR'S MATTERS:
A. Appointment of Committee Liaisons
Performance Bond for Building Contractors
(backup includes proposed Ordinance 0-88-32,
memos from Construction Board and City Attorney)
C. Other Matters
9. CITY COUNCIL MATTERS:
Proposed Resolution Re: Capital Improvement
Program - Councilman Metcalf
B. Other Matters
88.084
88.085
88.087
88.088
88.089
10.
11.
CITY ATTORNEY'S MATTERS:
NEW BUSINESS
A. PLANNING AND ZONING COMMISSION
Request Action by Council - St. Sebastian -
Public Hearing re: Expiration of P.U.D. Time
Limit (Discussion)
Petition for Voluntary Annexation - Morchesky
Recommendation from P & Z and Attorney Palmer
(Discussion)
B. BUILDING OFFIQI%L
1. Q~DINAN~ NO. Q-88-18 (DISCUSSION ONLY)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING PARAGRAPH (F) OF SECTION 20A-3.7 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN
AND THEREBY DELETING THE REFERENCE TO THE
SPECIFICATIONS OF THE NATIONAL FIRE PROTECTION
ASSOCIATION; PROVIDING AN EFFECTIVE DATE.
2. ORDINANCE NO. 0-88-19 (DISCUSSION ONLY)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING SECTIONS 16-2.1, 16-3, 16-4, AND 16-5,
AND ADDING A NEW SECTION 16-9 TO CHAPTER 16 OF
THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN
AND THEREBY REDUCING THE TIME LIMITS FOR THE
ABATEMENT OF NUISANCES; ALSO SPECIFYING THAT
ABATEMENT OF LOST OR ABANDONED PROPERTY SHALL BE
AS PRESCRIBED iN CHAPTER 705, FLORIDA STATUTES.
Request from Dan Preuss - Abandonment of Martin
Avenue West of U.S. 1 (Discussion)
This item had been withdrawn by the City Manager for
further review.
Minutes were approved at the Regular Meeting on April 27, 1988.
Mayor
ATTEST:
City Cl~rk