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HomeMy WebLinkAbout04271988City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL ~%EGULAR M~ETING WEDNESDAY, APRIL 27, 1988 -- 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN. FI~Q~%iDA 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. Attorney Palmer led the Pledge of Allegiance. 3. Invocation was given by Father Joseph LeSage, Saint Sebastian Catholic Church. ROLL CALL Present: Also Present: Councilman Robert McCarthy Councilman George Metcalf Councilman Kenneth ~oth Vice Mayor Peter Vallone Mayor ~ichard Votapka City Manager, Robert McClary City Attorney, Thomas C. Palmer Councilman Roth presented the City Clerk and Deputy Clerk with flowers for Secretary Day. 5. AGENDA MODIFICAT!ONS (A~ITIO~ ANQ/QR DELETIONS) Mayor Votapka requested that proclamations for Teacher Appreciation Week and Law Day be added to Item (7) Proclamations/Announcements and that Consent Agenda item (6) (B) Sebastian River Shrine Club request for Community 1 Center on July 4, 1988 be moved to Item (9)(A) Parade Routing - 4th of July. MOTION by Roth/Vallone I move we add proclamations for Teacher Appreciation Week and Law Day to this agenda and move Consent Agenda Item (6)(B) Sebastian River Shrine request for Community Center on July 4, 1988 to (9) (A) Parade Routing - 4th of July. VOICE VOTE on the motion carried 5-0. 6. CONSEN~ AG~3~D% ae Approve Minutes - 4/6/88 Workshop, 4/13/88 Regular Request for Community Center - A/B - Salinas/ Perez Wedding MOTION by Vallone/Metcalf I move we approve Consent Agenda items (A) Approve Minutes - 4/6/88 Workshop, 4/13/88 Regular; (C) ~equest for Community Center - A/B - Salinas/Perez Wedding. VOICE VOTE on the motion carried 5-0. 7. PROCLAMATIONS AND/OR ANNOUNCEMENT Mayor Votapka instructed the City Clerk to rotate the roll call and include the mayor in the rotation. A. ARa~ PlaGue tQFormer Mayor L. Gene H~r~i$ Mayor Votapka presented former Mayor L. Gene Harris a plaque of appreciation for his service to the City. Enlployee of the Quarter - JaDedlY - March 1988 - Matthew $. Erickson Mayor Votapka presented a plaque to Matt 6rickson, Employee of the Quarter. Cm Award Plaque to Linda Kinchen, fQ~ Chairwoman - ~ark~ and Recreation Committee Mayor Votapka presented a plaque to Linda Kinchen for her service on the Parks and Recreation Committee. Proclamation - Municipal Cl~rk's W~ek - 5/8/88 - 5/14/88 Mayor Votapka presented a proclamation to the City Clerk for Municipal Clerk's Week. 88.040 E. Procla~atio~ m National Consumer's Week L 4/24/88 a 4/30/88 Mayor Votapka read the proclamation. F. Proclamation ~ Teacher AppreciatiQn Week ~ 5~1 2 5/7/88 Mayor Votapka presented the proclamation to a member of the Indian River County School Board. G. Proclamation ~ L~W Day ~ 5/1/88 Mayor Votapka presented a proclamation to Attorney Steven Lulich for Law Day, May 1, 1988. 8. PUBLIC ~E%~LI~G, ~/[NAL ACTION A. Ot~DI~AN~E NO. 0-8~-D7 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. Attorney Palmer read Ordinance No. 0-88-07 by title only. Mayor Votapka opened the public hearing at 7:32 P.M. Attorney Palmer said this ordinance allows businesses or residents to put up signs for no solicitation or solicitation by Sebastian registered solicitors only. Councilman Roth said this ordinance should require solicitors to be registered with the City Clerk or Police Department. There was no public input. Mayor Votapka closed the public hearing at 7:37 P.M. MOTION by Metcalf I move we adopt Ordinance No. 0-88-07 as read by the City Attorney by title only. MOTION died for lack of a second. Attorney Palmer said there may be a serious legal question regarding requiring all solicitors to register. 88.041 The City Manager recommended this item be workshopped. MOTION by Vallone/McCarthy I move we table Ordinance No. 0-88-07 to the May 4, 1988 Council Workshop. VOICE VOTE on the motion carried 4-1. (Roth - Nay) B. ORDINANCE NO. 0-8~-0~ 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. Attorney Palmer read Ordinance No. 0-88-08 by title only. Mayor Votapka opened the Public Hearing at 7:48 P.M. The Building Official said the Construction Board had requested this ordinance. He said it requires a master or journeyman plumber or electrician on each job. Mr. Dolan said this ordinance will result in increased construction cost. Mr. Walker questioned why building inspectors would be needed if this ordinance were passed. Dr. Henry Fischer recommended approval of the ordinance. The Building Official said building inspectors can't guarantee that every job has been done right. He said 'this ordinance complied with State of Florida standards. He also asked that the ordinance be effective in six months for adjustment time. Mayor Votapka closed the public hearing at 8:02 P.M. MOTION by Vallone/Metcalf I move we adopt Ordinance No. 0-88-08 as read by the City Attorney by title only. The City Manager said he felt this was an unnecessary ordinance. He said if anyone is doing substandard work they should be brought before the Construction Board. 87.299 ROLL CALL: Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye MOTION CARRIED C. ORDINANCE NO. 0-88-14 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. Attorney Palmer read Ordinance No. O-88-14 by title only. Mayor Votapka opened the public hearing at 8:17 P.M. The Building Official explained the criteria for open house signs. There was no public input. Mayor Votapka closed the public hearing at 8:19 P.M. MOTION by Roth/Metcalf I move we adopt Ordinance No. 0-88-14 as read by the City Attorney by title only. Councilman McCarthy questioned enforcement of the ordinance if hours remain 8:00 A.M. to 5:00 P.M. Councilman Roth suggested the hours be 9:00 A.M. to 8:00 P.M. MOTION by Metcalf/Vallone I move we amend the main motion Section 4 Page 2 to make the hours 9:00 A.M. to 8:00 P.M. ROLL CALL: (amendment) Councilman Roth - Aye Vice Mayor Vallone - Aye Councilman McCarthy - Nay Mayor Votapka - Aye Councilman Metcalf - Aye MOTION CARRIED 5 88.055 ROLL CALL: (motion) Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Nay Councilman Metcalf - Aye Councilman Roth - Aye MOTION CARRIED D. ORDINANCE NO. Q-88-2Q 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 STRET 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. Attorney Palmer read Ordinance No. 0-88-20 by title only. Mayor Votapka opened the public hearing at 8:34 P.M. The Building Official said Planning and Zoning had denied the request based on consideration of the realignment of Main Street, permitted uses in CG and adjacent residential property. He said Les Solin recommended that if Council wished to consider this request it recommend PUD (C) since this would address the City's concerns best. Roger Skillman said he would rezone 2.92 acres of CG property adjacent to the subject property to CL if the city would comply with his request. Councilman Roth said the city had better increase CG zoning areas for an increased tax base. Councilman Metcalf said CG is too drastic a change since the property is adjacent to residential. J.W. Thompson read a letter he had presented to Council. He recommended that Council deny the request. Attorney Palmer said Julian Construction, current owners of the St. Sebastian PUD intended to request some commercial zoning in the future. He said if this occurred, concerns regarding the Skillman request would become moot. 6 88.094 Roger Skillman requested time to review Les Solin's letter before Council vote on his request. Mayor Votapka recommended that Mr. Skillman meet with staff and look at different approaches to his request. MOTION by Vallone/Metcalf I move we accept the recommendation of staff and Planning and Zoning and deny Ordinance No. 0-88-20. ROLL CALL: Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Nay Councilman Metcalf - Aye Councilman Roth - Aye MOTION CARRIED Mayor Votapka called recess at 9:20 P.M. and recalled the meeting at 9:30 P.M. All members present at recess were present at recall. 9. PUBLIC INPUT Pa~ad~ RQ~tin~ -.4th of July Committee - ~hrin~'B R~u~sj~ for Community Center 7/4/88 - Ken Vickers, 4th of July committee, requested use of Indian River Drive and closing of adjacent streets for the 4th of July parade. Mayor Votapka suggested formation at Walmart ending at the Community Center where the city would give them use of the building for liquid refreshments for the marchers. He said, regarding the Shriner's request, he thought 9:00 to noon was early to be serving alcoholic beverages. He also asked Jerry Thomas to place bleachers on Indian River Drive for viewers. Norm Bartlett, Shriners, withdrew his request for Community Center on July 4, 1988. MOTION by Vallone/McCarthy I move we approve the request of the 4th of July Committee for the routing of the parade on Indian River Drive from Riverview Park to the Community Center and to close abutting streets for parking as noted on the plan submitted by the Police Department. VOICE VOTE on the motion carried 5-0. 7 88.102 MOTION by Vallone/McCarthy I move we add use of Community Center by 4th of July parade marchers to this agenda. VOICE VOTE on the motion carried 5-0. MOTION by Vallone/Roth I move we open the Community Center to the 4th of July Committee and authorize $250 to them for purchase of non-alcoholic liquid refreshment for parade marchers on July 4, 1988. ROLL CALL: Mayor Votapka - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye MOTION CARRIED N~W Harvest ~offee House ~ Request Park Facility for May 28, 1988 John Zasadzinski requested use of Riverview Park for a concert on May 28, 1988 and asked to park campers the night before. After some discussion the following motion was made; MOTION by Vallone/McCarthy i move we place the request of the New Harvest Coffee House for use of Riverview Park on May 28, 1988, on the workshop agenda for further information. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Nay Councilman Roth - Nay Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION CARRIED John Zasadzinski was instructed to bring further information to the City Clerk's office before agenda deadline on Thursday, April 28, 1988. C. Q~her Matters None. 8 88.095 88.099 10. ~Qj~M~TTE~ j%EPORTS/RECOMMENDATIONS A. AIRPORT ADVISORY BOARD 1. ~D~r~in~ of Wind Tee MOTION by Metcalf/McCarthy I move we approve $500 for upgrade of wind tee at the Airport. ROLL CALL: Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye MOTION CARRIED MOTION by Roth/McCarthy I move we move item 88.099 John Roberts' Appeal to the Construction Board revocation of his Contractor License to this part of the agenda. VOICE VOTE on the motion carried 5-0. John Roberts L Appeal ~ Construction B_oar~ Revocation of Contractor License John Roberts was not in attendance at the meeting. MOTION by Roth/McCarthy I move we deny the appeal of John Roberts regarding the revocation of his contractor's license by the Construction Board. ROLL CALL: Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye MOTION CARRIED At 10:30 P.M. the City Manager recommended extending the meeting 15 minutes. MOTION by Vallone/Metcalf I move we extend the meeting 15 minutes. VOICE VOTE on the motion carried 5-0. 88.096 88.097 88.082 11. None. 12. B. PLANNING AND ZONING 1. Appointment tO Three Year Term Be$inning ~ 1988 MOTION by Vallone/McCarthy I move we reappoint Jim Wadsworth to the Planning and Zoning Commission for a three year term. Councilman Metcalf said a committee list he received from the City Clerk's office showed Mr. Wadsworth's appointment expiring in June 1988. The City Clerk said she would check on it. MOTION by Metcalf/Vallone I move we table the appointment to Planning and Zoning to the May 11, 1988 Regular meeting. VOICE VOTE on the motion carried 5-0. C. INDIAN RIVER COUNTY TRANSPORT~ION ~L~IN~ COMMiTtEE 1. CR 512 ~DrridQ~ Ii~p~Q3emgnts 2 Councilman Metcalf Councilman Metcalf gave a report on the County's plans for improvement to the CR 512 Corridor. D. Other Matters None. OLD BUSINESS MAYOR'S MATTERS A. Appoin~m~Dk of ~l~lGi% Members to ~ounty QDmmittee$ Mayor Votapka made the following appointments: Councilman Metcalf - Councilman Metcalf - Councilman Roth - Councilman McCarthy - Equal Opportunities Council Vice Mayor Vallone - Indian River County Courthouse Committee Indian River County Transportation and Planning Committee Economic Development Council Bikepath Committee 10 88.074 88.100 15. Mayor Votapka said he saw no necessity for a liaison to the North County Fire Taxing District. B. Other Matters None. The City Clerk recommended that items 88.074 "Bid Award - Golf Course - Oftanol" and "88.100 City Clerk - Request for Transfer of Funds - $709.52 - Balance Due Board of County Commissioners for March 22, 1988 Special Runoff Election" be addressed at this time. STAFF A. Bid Awa[d ~ Golf ~ourse ~ Oftanol MOTION by Vallone/McCarthy I move we award the bid for oftanol for the Golf Course to Woodbury Chemical Company in the amount of $5913.60. ROLL CALL: Mayor Votapka - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye MOTION CARRIED B. Other Matters None. 16. CITY MANAGER MATTERS ~t~ Clerk L Request for Transf~ of F~nd$ m $709.52 m Balance Due Board of ~_qunty CommissiQners for March 22, 1988 Special Runoff Electioq MOTION by Roth/McCarthy I move we approve the City Clerk's request for transfer of $709.52 which is the balance due Board of County Commissioners for the March 22, 1988 Special Runoff Election. 11 88.101 88.098 88.047 88.056 13. 14. ROLl, CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION CARRIED Mayor Votapka adjourned the meeting at 10:45 P.M. The following items were never addressed and will be moved to future agendas which dates will be at the discretion of the City Manager. City Clerk - Request for Budget Appropriation ~2000 ~ Qccupational License Program - NCR CQ~NCIL MATTERS Request to Engage Golf Course Management Consultant - Councilman Metcalf (backup - Section 10.08 - Golf Course Bond Resolution adopted 8/7/85) B. Other Matters CITY ATTORNEY MATTER~ A. ORDINANCE NO. 0-88-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW SUB-PARAGRAPH (D) (8) TO SECTIONS 20A- 3.1, 20A-3.2, 20A-3.3 AND 20A-3.4 AND AMENDING PARAGRAPH (C) (3) OF SECTION 20A-4.5, AND PARAGRAPH (E) (1) OF SECTION 20A-10.2, AND THEREBY REQUIRING THAT AT LEAST 30 PERCENT OF EACH RESIDENTIAL LOT IN THE RS-10, R-15, R-20 AND RE-40 SINGLE FAMILY RESIDENTIAL DISTRICT, PUD (R) AND PUD (MH) BE MAINTAINED AS PERMEABLE AREA AND 20 PERCENT BE LANDSCAPED; ALSO AMENDING SECTION 20A-13.2 AND THEREBY REQUIRING A MINIMUM NUMBER OF TREES TO BE MAINTAINED ON SINGLE FAMILY RESIDENCES, ALL IN THE CITY'S LAND DEVELOPMENT CODE; ALSO ADDING PARAGRAPH (D) TO SECTION 20A-5.2 ALLOWING MECHANICAL EQUIPMENT IN SIDE YARDS. B. ORDINANCE NO. 0-88-17 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTIONS 20A-8.2, 20A-8.3 AND 20A-8.5 OF THE LAND DEVELOPMENT CODE AND THEREBY MODIFYING CERTAIN PARKING REQUIREMENTS; PROVIDING AN EFFECTIVE DATE. 12 Minutes were approved at the Regular Meeting on May 11,1988. Mayor AT, ST: