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HomeMy WebLinkAbout05111988City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 M!NUTE~ SEBASTIAN ~ CQUNClL REGULAR MEETI 5~ WEDNESDAY, MAY 11, 1988 -- 7.-00 p.M. CITY ~QUNCIL CHAMBERS 122~. MAIN ~TRF~, ~BASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON OTHER ITEMS LISTED BELOW MAY BE INSPECTED IN THE OFFICE OF ~E CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Votapka called the meeting at 7:00 P.M. The City Clerk led the Pledge of Allegiance. 2. 3. 4. The invocation was given by Reverend Bruce Havens. ROLL CALL Present: Also Present: Councilman George Metcalf Councilman Robert McCarthy Councilman Kenneth Roth Vice Mayor Peter Vallone Mayor Richard Votapka Robert McClary, City Manager Thomas C. Palmer, City Attorney 5. AGENDA MODIFICATIONS (A~DITIQ~ A~ID_/OR DELETIONS) It was the consensus of Council to consider moving item 88.072 "Appointment of City Attorney" if it became apparent that time was running out on the meeting. 1 87.146 88.104 6. CONSENT ~G~NQ% Resolution No. R-88-34 - Abandonment of Easement - East Six Feet Lot 7, Block 186, Unit 8, Si{ B. Approve Minutes - 4/27/88 Regular Meeting C. RESOLUTION NO. R-88-37 (SIDE CULVERT PIPES) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING AN APPLICATION FORM, A FORM OF "SIDE SWALE AGREEMENT" AND ESTABLISHING A FEE FOR SUBMITTAL OF REQUESTS FOR A PERMIT TO'INSTALL A DRAINAGE PIPE IN THE SIDE YARDS OF ADJACENT LOTS IF DEEMED APPROPRIATE BY Ti{E BUILDING OFFICIAL AND THE CITY ENGINEER; PROVIDING AN EFFECTIVE DATE. (lst Agenda 5/4/88) D. RE~O$~3TIQN NO, R-88-38 (WRECKER ROTATION POLICY) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING A WRECKER ROTATION POLICY FOR THE SEBASTIAN POLICE DEPARTMENT. (lst Agenda 5/4/88) Request for Site Plan Extension - Highlands Chapel Church of God - Memo from Building Official Mayor Votapka removed Consent Agenda item E. MOTION by Roth/McCarthy I move we approve Consent Agenda items A. Resolution NO. R-88-34 - Abandonment of Easement - East Six Feet Lot 7, Block 186, Unit 8, SH, B. Approve Minutes - 4/27/88 Regular Meeting, 87.146 C. RESOLUTION NO. R-88-37 (SIDE CULVERT PIPES) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING AN APPLICATION FORM, A FORM OF "SIDE SWALE AGREEMENT" AND ESTABLISHING A FEE FOR SUBMITTAL OF REQUESTS FOR A PERMIT TO INSTALL A DRAINAGE PIPE IN THE SIDE YARDS OF ADJACENT LOTS IF DEEMED APPROPRIATE BY THE BUILDING OFFICIAL AND Ti{E CITY ENGINEER; PROVIDING AN EFFECTIVE DATE, and 88.104 D. RESOLUTION NO. ~- 88-38 (WRECKER ROTATION POLICY) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING A WRECKER ROTATION POLICY FOR THE SEBASTIAN POLICE DEPARTMENT. VOICE VOTE on the motion carried 5-0. 2 88.042 Ee R~quest for Site Plan Extension ~ Highland~ Chapel Church of God ~ Memo from Bui~din~ Official The Mayor and City Manager stated that in their opinions, site plan extensions should be approved by Planning and Zoning. MOTION by Vallone/Metcalf i move we grant Consent Agenda item E. Request for Site Plan Extension - Highlands Chapel Church of God - Memo from Building Official. VOICE VOTE on the motion carried 5-0. 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Procl~mat~Qn 2 Red Ribbon Week ~ May 9-13, 1988 Mayor Votapka read the proclamation for Red Ribbon Week and presented it to the Chief of Police. Mayor Votapka announced the "Just Say No to Drugs" parade on Saturday, May 14, 1988 at 8:30 A.M. Councilman Metcalf announced an informal meeting with the Florida D.O.T. on Wednesday, May 18, 1988 at 4:00 at the Vero Beach Junior High School to discuss the U.S. ~1 Corridor study. He said the study would be available for review in the City Clerk's office. 8. PUBLIC HEARING, FINAL ~TIQN A. ORDINANCE NO. 0-88-0~ (TECHNICAL CODES) AN ORDINANCE OF THE CI~I 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. (lst Agenda 2/10/88, 2nd Agenda 2/24/88, 1st Reading 3/23/88, Advertised 4/27/88, PH 5/11/88) Attorney Palmer read Ordinance No. 0-88-09 by title only. 88.043 Mayor Votapka opened the public hearing at 7:18 P.M. The Building Official said it was procedure to adopt the State Codes every three years. There was no further public input. Mayor Votapka closed the public hearing at 7:20 P.M. MOTION by Roth/Metcalf I move we adopt Ordinance No. 0-88-09 as read by the City Attorney by title only. ROLL CALL: Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye MOTION CARRIED. B. QRD~NANCE NO, 0-88-10 (TRAIN WHISTLES) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CHAPTER 15 OF THE CODE OF ORDINANCE OF THE CITY OF SEBASTIAN, AND TRANSFERRING SECTION 15-13 TO A NEW PARAGRAPH 10 TO SUBSECTION (G) OF SECTION 20A- 7.4 OF THE LAND DEVELOPMENT CODE. (lst Agenda 2/10/88, 2nd Agenda 2/24/88, 1st Reading 3/23/88, Advertised 4/27/88, PH 5/11/88) The City Manager read Ordinance No. O-88-10 by title only. Mayor Votapka opened the public hearing at 7:23 P.M. Attorney Palmer said that at the time that the detailed noise ordinance was enacted in the Land Development Code, Council neglected to repeal the section on noise in the general code and was doing so at this time. Bill Burke questioned whether the city would still allow train whistles to be blown at all times. Mayor Votapka said train whistles were allowed at all times and that this ordinance only transferred the code to the Land Development Code. Mayor Votapka closed the public hearing at 7:26 P.M. 4 88.044 MOTION by Roth/McCarthy I move we adopt Ordinance No. O-88-10 as read by the City Attorney by title only. ROLL CALL: Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye MOTION CARRIED. C. ORDINANCE NQ.L Q-88-11 (BOATS/HEAVY EQUIPMENT) 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. (lst Agenda 2/10/88, 2nd Draft 2/24/88, 3rd Draft 1st Reading 3/23/88, Advertised 4/27/88, PH 5/11/88) Attorney Palmer read Ordinance No. 0-88-11 by title only. Mayor Votapka opened the public hearing at 7:30 P.M. The Building Official said this ordinance will eliminate heavy equipment parked in residential districts. Stanley Stillthorpe questioned parking of campers. The Building Official said boats and motor homes are limited to twenty six feet and must be parked behind the front line of the house. Mr. Mancer questioned the condition of the Yacht Club ramp. H.W. Young said he lives in a corner lot and can't park his boat in his side or back yards because of setback requirements. The Building Official recommended he come into City Hall the next day. Mr. Fay asked if a boat could be parked in an adjoining lot. The Building Official said if he obtained a unity of title for the two properties this could be done. 5 Mayor Votapka closed the public hearing at 7:40 P.M. MOTION by Metcalf/McCarthy I move we adopt Ordinance No. O-88-11 as read by the City Attorney by title only. After a discussion of the numbers of vehicles allowed at a residence and recommendation of the City Manager the following amendment to the motion was made. MOTION by Metcalf/McCarthy I move we amend Ordinance No. 0-88-11 in accordance with the recommendation of the City Manager to change (C)(4) to delete "Not more than two vehicles as follows;" to "Personal vehicle such as" and add (C) (8) "Vehicles not to exceed one (1) ton within an enclosed garage". ROLL CALL: Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Roth - Aye .-..--"~,, MOTION CARRIED. ROLL CALL: Mayor Votapka - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye MOTION CARRIED. 88.086 ORDINANCE NO. 0-88-22 (PAYMENT & PERFORMANCE BOND) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 7-100 OF THE CODE OF ORDINANCES BY ADDING A NEW PARAGRAPH (J) AND THEREBY AUTHORIZING THE CONSTRUCTION REVIEW BOARD UNDER CERTAIN CIRCUMSTANCES TO REQUIRE THAT ANY INDIVIDUAL EXCEPT A STATE CERTIFIED CONTRACTOR OR ENTITY UNDER THE BOARD'S JURISDICTION TO OBTAIN A PAYMENT AND PERFORMANCE BOND AS A PREREQUISITE TO OBTAINING A BUILDING PERMIT FROM THE CITY; PROVIDING AN EFFECTIVE DATE. (lst Agenda 1st Draft 4/6/88, 2nd Draft 1st Reading 4/13/88, Advertised 4/27/88, PH 5/11/88) Attorney Palmer read Ordinance No. 0-88-22 by title only. 88.108 88.107 Mayor Votapka opened the public hearing at 8:06 P.M. Attorney Palmer stated that this ordinance will give the Construction Board the right to require a performance bond if evidence presented at a fact finding hearing leads them to believe that any contractor, whether corporation or individual, presents a substantial risk. The Building Official said the majority of the feedback he'd had from contractors had been positive and had received a favorable recommendation from the Construction Board. Mayor Votapka closed the public hearing at 8:13 P.M. MOTION by Metcalf/Roth I move we adopt Ordinance No. 0-88-22 as read by the City Attorney by title only. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION CARRIED. 9 . PRESENTATIONS DQbson, BjDrning l DUdleY - Presentation of Audit Report - 19~7/88 Ms. Carol Duffey, of Dobson, Bjerning & Duffey presented the 1987/88 Audit report. 10. PUBLIC INPUT A. Presentation of ~etition - Sue Silva - Park Tracts Sue Silva presented a petition regarding PS zoning tracts being used for clubs. She recommended the code regarding PS zoning be amended and the city relocate the site for the italian/American Club. Councilman Roth agreed that the council should relocate the site or consider denying alcoholic beverage use in residential zones. Vice Mayor Vallone said that in the future Council should look at PS zoning permitted and conditional uses. 7 88.096 Attorney Palmer said several criteria needed to be met before Planning and Zoning approval of site plan. He also recommended that Council consider an airport site. Mayor Votapka requested that this information presented by Ms. Silva be presented to Planning and Zoning at their next meeting. The Building Official said he was drafting an ordinance amending PS zoning to present to Planning and Zoning. Charles Pulara said the Italian/American Club passed a resolution stating they were amenable to a transfer of property. Mayor Votapka called recess at 9:30 P.M. and recalled the meeting at 9:38 P.M. All members present at recess were present at recall. 11. CO~ITTEE REPORTSJR~QOMMENDATIO~$ A. RLANNING AND ZQNI~ COMMISS~QN 1. Appointment to Three Yea~ Term It was the consensus of Council that since the most recent memo from Planning and Zoning states that the appointment does not run out until June it was not necessary to take action at this meeting. 12. QLD BUSINESS Non e. 13. MAYOR'S MATTER~ Mayor Votapka said Council had received a petition with fifty eight signatures requesting that alcoholic beverages be prohibited in Riverview Park. MOTION by Metcalf/Vallone I move we instruct the City Attorney to draft an ordinance to amend Section 18-3 Code of Ordinances to prohibit alcoholic beverages in City Parks. ROLL CALL: Councilman Metcalf - Aye Vice Mayor Roth - Nay Vice Mayor Vallone - Aye Councilman McCarthy - Nay Mayor Votapka - Aye MOTION CARRIED. 88.072 Mayor Votapka said appointment to the Board of Adjustment would be on the 5/25/88 agenda. MOTION by Vallone/McCarthy I move we move item (17) (B) "Appointment of City Attorney" to after City Attorney Matters. VOICE VOTE on the motion carried 5-0. MOTION by McCarthy/Metcalf I move we adopt Mayor Votapka's letter regarding the Indian River County School Board referendum in the form of a resolution as the position of the Sebastian City Council and send it to the Indian River County School Board. ROLL CALL: Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye MOTION CARRIED. 14. ~Q~NC~L MATTERS Councilman McCarthy announced the Special City Council meeting Wednesday, May 18, 1988 at 5:30 P.M. to review the Airport Master Plan. Mayor Votapka said the meeting was being held to finalize the plan before the public hearing. Vice Mayor Vallone thanked the City Clerk for her efforts for having Council minutes bound. (17) (B). Appointment of City Attorney The City Manager recommended Charles I. Nash as City Attorney and Paul Kreuzkamp as Deputy City Attorney. The City Manager read Resolution No.R-88-40 by title only. MOTION by Roth/McCarthy I move we adopt Resolution No. R-88-40 and appoint Charles I. Nash as City Attorney and Paul J. Kreuzkamp, Jr., as Deputy City Attorney for the City of Sebastian. ROLL CALL: Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye MOTION CARRIED. 9 88.047 The City Manager requested that the current City Attorney's term terminate on May 20, 1988 at 12:00 A.M. Mayor Votapka presented a plaque to Attorney Thomas Palmer. 15. CI~TTORNEY MATTERS A. ORDINANCE NQ. 0-88-15 (LANDSCAPE REQUIREMENTS) (SET TWO PUBLIC HEARINGS) 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. (lst Agenda 2/10/88, 1st Reading 1st Draft 2/24/88, 1st Reading 2nd Draft 3/2/88, 1st Reading 3rd Draft 3/23/88, PH scheduled for 5/25/88, not yet advertised, 4th Draft presented 4/27/88 not addressed, presented 5/11/88 for scheduling of two public hearings) MOTION by Vallone/McCarthy I move we accept the reading of the 4th draft of Ordinance No. 0-88-15 by title and set it for two public hearings on June 8 and June 22, 1988. ROLL CALL: Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye MOTION CARRIED. 10 88.056 88.084 B. ORDINANCE NO. Q-88-1~ (PARKING REQUIREMENTS) (SET TWO PUBLIC HEARINGS) 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. (lst Agenda 3/2/88, 1st Reading 3/23/88, PH scheduled for 5/25/88, not yet advertised, presented 4/27/88 not addressed, presented 5/11/88 for scheduling of two public hearings) MOTION by Vallone/Metcalf I move we schedule Ordinance No. 0-88-17 for two public hearings on June 8 and June 22, 1988. ROLL CALL: Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Roth - Aye MOTION CARRIED. C. ORDINANCE NO. 0-88-23 (TERMINATION OF CONCEPTUAL DEVELOPMENT PLAN - ST. SEBASTIAN PUD) (1ST READING, SET PUBLIC HEARING) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, TERMINATING THE CONCEPTUAL DEVELOPMENT PLAN PERTAINING TO APPROXIMATELY 316 ACRES OF LAND LOCATED NORTH OF MAIN STREET AND EAST OF THE SEBASTIAN MUNICIPAL AIRPORT, KNOWN AS THE SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT, WHICH CONCEPTUAL DEVELOPMENT PLAN WAS ADOPTED BY ORDINANCE NUMBER 202- Y, EFFECTIVE ON THE 6TH DAY OF APRIL, 1983; ALSO REPEALING RESOLUTION NO. R-84-43, A DEVELOPMENT ORDER FOR THE SAID LAND AREA, THE SAME BEING A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING AN EFFECTIVE DATE. MOTION by Vallone/McCarthy I move we accept the first reading of Ordinance No. O- 88-23 as read by the City Attorney by title only and set it for public hearing on June 8, 1988. 11 88.109 ROLL CALL: Mayor Votapka - Aye Councilman McCarthy -. Aye Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye MOTION CARRIED. The City Clerk was instructed to send a letter to the St. Sebastian PUD property owner advising of the public hearing. MOTION by Vallone/McCarthy I move we extend the meeting five minutes. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye D. Other Matters 16. STAFF MATTERS 17. CI~ANA~ ~T~R A. RESOLUTION NO. R-88-39 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 11 OF RESOLUTION R-88-14 BY ADDING THE POSITION OF ASSISTANT FINANCE DIRECTOR AND DELETING THE POSITION OF CITY ATTORNEY AS UNLIMITED TIME STATUS EMPLOYEES. The City Manager read Resolution No. R-88-39 by title only. MOTION by Vallone/McCarthy I move we adopt Resolution No. R-88-39 as read by the City Manager by title only. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION CARRIED. 12 C. Other Matters The City Manager said he will bring a recommendation to Council regarding the paving of Barber Street at the 5/25/88 meeting. 18. Mayor Votapka adjourned the meeting at 10:35 P.M. Minutes were approved at the Regular City Council Meeting on May 25, 1988, as amended. Mayor Richard Votapka ATTEST: Kathr~M. O'Halloran, CMC, City Clerk AAE 13