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Home My WebLink About06101987L Gene Harrl. Mayor City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Kathryn M. Benjamin City Clerk MINUTE~ SEBASTIAN CITY REGULAR MEETING ~QN~DA¥, JUNE 10. 1987 ~7:00~ CITY COUNCIL CHAMBERS %2.25 MAIN ST~R~T, 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. Attorney Palmer led the Pledge of Allegiance. Invocation was given by Pastor Daniel Weaver - Sebastian Highlands Baptist Mission 4. ROLL CALL PRESENT: Vice Mayor Kenneth Roth Councilman Robert McCarthy Councilman George Metcalf Councilman Peter Vallone Mayor L. Gene Harris Attorney Thomas Palmer 5. SECOND READING, PUBLIC HEARINGS. FIN~ kC~ION 87.138 A. ORDINANCE NO. 0-8J-15 AN ORDINANCE VACATING, ABOLISHING, AND ABANDONING ARKANSAS AVENUE, HUDSON STREET, AND RING STREET, ALL WITHIN THE HUDSON ADDITION TO SEBASTIAN, AND LYING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND NORTH OF MAIN STREET (NORTHEAST OF CITY HALL) IN THE CiTY OF SEBASTIAN, FLORIDA; PROVIDING AN EFFEC- TIVE DATE. 87.145 Attorney Palmer read Ordinance No. 0-87-15, by title only. Mayor Harris opened the Public Hearing at 7:03 P.M. There being no input from the public, he closed the Public Hearing at 7:04 P.M. MOTION by Roth/Metcalf I move we adopt Ordinance No. O-87-15, as read by the City Attorney, by title only. Discussion took place on access to properties in the area. Attorney Palmer expressed his concern for the non- existence of Edwards Street and restriction of accessibility to Government Lot 2. Reverend Donald Swope said the Church is not requesting the abandonment of Edwards Street. Attorney Palmer said that Edwards may not even be a paper street since it shows as a taxable piece of property which would leave only Cross Street as an access. It was decided to check with Indian River County tax records on the taxability of Edwards Street. MOTION and SECOND were withdrawn. MOTION by Roth/Metcalf I move we adopt Ordinance No. O-87-15, as read by the City Attorney, by title only, with the stipulation that there be a check on the taxability of Edwards Street and if it is a taxable property that the applicants dedicate the necessary right of way for access to Government Lot 2 on the north of their property. ROLL CALL on the motion carried uanimously. (5-0) B. QRD~NANCE NO. Q-~7-1~ AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMEN- DING SECTION 20A-5.17 OF THE SEBASTIAN LAND DEVELOP- MENT CODE AND HEREBY ADDING SPECIFIED LOT SLOPING REQUIREMENTS OF RESIDENTIAL LOTS; PROVIDING AN EFFEC- TIVE DATE. Attorney Palmer read Ordinance No. O-87-16, by title only. Mayor Harris opened the Public Hearing at 7:32 P.M. There being no input from the public, he closed the Public Hearing at 7:33 P.M. 2 87.159 MOTION by Vallone/Metcalf I move we adopt Ordinance No. O-87-16, as read by the City Attorney, by title only. Vice Mayor Roth qUestioned who would regulate grade settings and if not done properly whose jurisdiction does it then fall under. Mayor Harris said it would be up to the Engineering Department to set the grade and the Building Department would not issue a C.C. if it was not done properly. Attorney Palmer said when a lot is filled it will be contoured to get surface water properly into drainage swales and would be looked at by the Building Official on first inspection and if not maintained would fall under jurisdiction of the Code Enforcement Board. He said the County sets the height of the property and the City would set the contour. Hector Franco said it would be up to the General Contractor to set the grade as it meets the City's standards as a part of the plan and will be approved by the Building Department. ROLL CALL on the motion carried unanimously. (5-0) 6. BID OPENING A. ~ CO~RSE ~ Q~TANO~ Attorney Palmer opened and read the bids as follows: Lesco ........... 4200 lbs. @ $5569.29 14,000 lbs. @ $6300.00 Gator Lumber .... 4200 lbs. @ $6924.22 Parex ........... 4200 lbs. @ $5922.00 Southern Mill Creek Products had mailed in a letter, but upon opening it was discovered that it contained a price of $1.35 per lb. and stated that the company did not do application work. MOTION by Roth/Vallone I move we refer the bids for the Oftanol back to bid staff for their review and recommendation to Council. VOICE VOTE on the motion carried unanimously. (5-0) 3 87.159 B. GOLF COURSE ~ TRUCKSTER/$~P~ TANK 10. Attorney Palmer opened and read the bids as follows: DeBra Turf and Equipment ........ $7441.00 Pifer, Inc ...................... $7995.00 MOTION by Vallone/Metcalf I move we refer the bids for the Truckster/Spray Tank to bid staff for their review and recommendation to Council. VOICE VOTE on the motion carried unanimously. 7. PROCLAMATIONS AND/O~ ANNQUNQ~NTS Mayor Harris presented Randy Mosby with a certificate of appreciation for his time and effort and donation of engineering services in the U.S. 1 and Schumann Drive traffic light project. Randy Mosby said he would like to share the certificate with Greg Johnson who Mr. Mosby said did as much work on the project as he did. 8. COMMITTEE REPORTS None. 9. PUBLIC iNPUT ON AG~ND~ ITEMS None. CONSENT AGENDA ae Approve Minutes - May 27, 1987 Regular, June 3, 1987 Workshop RESOLUTION NO. R-87-36 - Abandonment of Easement - Block 238, Lot 22 & 23, Unit 10 RESOLUTION NO. R-87-37 - Abandonment of Easement - Block 198, Lot 5 & 6, Unit 10 Request for Community Center - Guarnaccia - 10/17/87 - A/B Se Request for Community Center - Hulse - 9/26/87 - A/B Request from 4th of July Committee - City Pay Dump Charge G. Expense Voucher - Councilman McCarthy Councilman Vallone requested that items (10) (D) Request for Community Center- Guarnaccia - 10/17/87 - A/B (10) (E) Request for Community Center - Hulse - 9/26/87 - A/B be removed from the Consent Agenda. Councilman Metcalf requested that items (10)(A), June 3, 1987. Minutes and item (10)(F) Request from 4th of July Committee - City Pay Dump Charge be removed from the Consent Agenda. MOTION by Vallone/McCarthy I move we approve items (10) (A) Approve Minutes - May 27, 1987 Regular, (10) (B) RESOLUTION NO. R-87-36 - Abandonment of Easement -'Block 238, Lot 22 & 23, Unit 10, (10) (C) RESOLUTION NO. R-87-37 - Abandonment of Easement - Block 198, Lot 5 & 6, Unit 10, (10)(G) Expense Voucher - Councilman McCarthy. VOICE VOTE on the motion carried unanimously. (5-0) Councilman Metcalf questioned Item (10) (A) instruc- tion to table Impact fees for Police Department in June 3, 1987 minutes, Page 4. He asked what happened to Councilman Vallone's recommendation to table this item until after a City Manager was on board. Mayor Harris said it was not a motion and the final decision was to have Attorney Palmer investigate facts and figures on Impact Fees for the Police Department. MOTION by Roth/Vallone I move we approve item (10) (A) June 3, 1987, Workshop Minutes. VOICE VOTE on the motion carried unanimously. (5-0) Councilman Vallone requested that all applications for the Community Center and Yacht Club state what type of function is being applied for. MOTION by Vallone/Roth I move we approve Items (10) (D) Request for Community Center - Guarnaccia - 10/17/87 - A/B, (10) (E) Request for Community Center - Hulse - 9/26/87 - A/B. VOICE VOTE on the motion carried unanimously. (5-0) Councilman Metcalf questioned the portalets being used for the 4th of July. 5 87.146 11. Councilman Metcalf questioned where the dumpster would be located on the 4th of July. Mayor Harris said it would be located in the Riverview Park area. Councilman Metcalf said he thought the City had an agreement with the County to bring water in to make the Clivus Multrum operable. Hector Franco said that a request for approximately $50,000.00 had been made in last year's budget to make money available to put water in and the figure had been taken out by Mayor Harris and Carol Carswell before Budget Workshops. Mayor Harris said he spoke with Mr. Galanis and both agreed that the City could not afford to spend this money now when the County was coming through with water and sewer in the near future. MOTION by McCarthy/Metcalf I move we approve Item (10) (F) Request from 4th of July Committee - City Pay Dump Charge. VOICE VOTE on the motion carried unanimously. (5-0) OLD A. ENGINEeRINg/PUBLIC WORKS 1. Request to Bid Repavi~g ~ S~reets MOTION by Vallone/Metcalf I move we approve the request of the Engineering/Public Works Director to repave city streets as stated in his memo of April 24, 1987. Vice Mayor Roth stated that the City of Sebastian cannot afford to pay 100% of paving costs and should go into a special assessment program now. He said he thought paying 100% of costs of paving certain streets was a bad policy. Councilman McCarthy agreed that a precedent should not be set. Councilman McCarthy said there has been $88,000.00 in the budget that could have been used for paving but no requests for the money have been made until now. He said it is not the job of the City Council to tell staff to go out and pave city streets but the job of staff to request it of Council. Further discussion took place on special assessment programs. Councilman Metcalf said he did not agree with any large taxing programs until a City Manager is on board. 6 12. Councilman Vallone withdrew the motion. MOTION by Vallone/McCarthy I move we instruct Attorney Palmer to draft an Ordinance regarding Special Assessment Programs. Vice Mayor Roth recommended that an $88,000.00 carryover from the road program from the 1986/87 fiscal year budget and an anticipated $198,000.00 from this year's road money be frozen in some kind of trust fund that will be used for roads only. The Finance Director said money for the Dump Truck and Mowtrim were coming out of these funds. MOTION by Councilman Metcalf I move we table discussion on this item. Mayor Harris said there was a motion and second on the floor and a motion to table could not be made. ROLL CALL on the motion carried. (4-1) Metcalf - Nay Vice Mayor requested that the Finance Director present available funds from the gas tax including carryover money from last year at the June 24, 1987, Regular meeting. MAYOR'S ~TTEE~ Mayor Harris said the City Clerk had created a new "Agenda Request Form" and had requested comment from Council. Councilman McCarthy said he hoped Council members did not have to use the form. Mayor Harris said they did not have to use the form. Ordinance No. Or87-10, annexation of Fischer property, was discussed. Attorney Palmer stated that a thirty foot parcel included in the annexation Ordinance was in error. Vice Mayor Roth requested a letter addressed to the City Council to this effect from Attorney Palmer and that it be placed on the June 24, 1987, agenda. Attorney Palmer said that the Ordinance has since been rewritten with the correct legal description and a Public Hearing was not necessary unless the City Council wants to have one. 7 Councilman Metcalf recommended holding a Public Hearing on the Ordinance again. Mayor Harris said the thirty feet in error was not contiguous to the City and creates an enclave. He said he had gone over it with Attorney Palmer and Jim Gallagher and discovered the thirty feet was not to have been included in the Ordinance. Jim Gallagher said the thirty feet was merely an access road into the sand pit and if the City Council wishes to leave it in they may do so. 13. CQUNCIL MATTERS Councilman Vallone discussed Indian River Yellow Cab conducting business in the City without a permit. Mayor Harris said Chief Nappi was aware of them picking up customers in Sebastian. He said he had checked into them and found they are operating out of Brevard County. The City Clerk said she would con- tact them. Councilman Metcalf requested the proposed Occupation License Ordinance be placed on the July 1, 1987 Workshop Agenda. Councilman McCarthy requested that the auditor's comments regarding items requiring policy changes by Council be placed on the June 24, 1987, agenda. Councilman McCarthy requested that the $100,000.00 from funds set aside for the million dollar loan be encumbered for a new Police Station. He requested that discussion of a "New Police Station" be placed on the June 24, 1987, agenda. Vice Mayor Roth requested that the City look to some other city that has recently built a police station for plans. Vice Mayor Roth said he liked the Coconut Creek Occupational License Ordinance. He requested that Attorney Palmer be instructed to bring back information as to why Police Officers cannot act as Code Enforce- ment Officers. He also requested an update on the C.R. 512 property and the County's plans for the library. He said it is not his intent to purchase the property with City money and let the County build a library on it. 8 87.160 87.148 14. CITY ATTORNE~ MATTERS Attorney Palmer said the Supreme Court decision on land use would have a minimal impact on the City. Recess was called at 8:55 P.M. and the meeting was recalled at 9:03 P.M. All members were present. 15. NEW BUSINESS A. Action on Spillway Washout on Collier Waterway Mayor Harris stated that there is an emergency situation on the spillway on Collier Waterway in the Southwest part of the Highlands. He said between $5000.00 and $8000.00 will be required to repair it and that he was asking Council's permission to use the funds for the repair. MOTION by Vallone/Roth I move we approve the allocation of moneys needed to repair the spillway on Collier waterway from reserves. ROLL CALL on the motion carried unanimously. (5-0) B. RESOLUTION NO. R-87-33 A RESOLUTION AMENDING RESOLUTION NO. R-86-48, THE SAME BEING THE RESOLUTION ADOPTING THE ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1986 AND ENDING SEPTEMBER 30, 1987; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Resolution No. R-87-33, by title only. The Finance Director said the $2400.00 in the budget was coming from miscellaneous revenues. Vice Mayor Roth requested a resolution governing uses of the second dollar fund from Chief Nappi which the Chief had made mention of at a previous meeting. 9 87.153 87.047 87.158 MOTION by Roth/Vallone I move we adopt Resolution No. R-87-33, as read by the City Attorney, by title only. Councilman McCarthy said he would not be satisfied with the budget amendment until he sees something in writing from Mr. Israel and Carol Duffey to back up Council's action. ROLL CALL on the motion carried. (4-1) McCarthy - Nay C. RE~Q~UTION NO. E-~7-35 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING THAT THE CITY POLICE DEPARTMENT SHALL BE AUTHORIZED TO CHARGE CERTAIN STORAGE FEES FOR THE STORAGE OF VEHICLES OR THE CUSTODY OF ANIMALS; PROVIDING AN EFFECTIVE DATE. MOTION by Metcalf/Roth I move we adopt Resolution No. R-87-35, as read by the City Attorney, by title only. Discussion followed on the City collecting fees for vehicle storage and picking up stray animals. It was agreed that the County should pick up strays. It was also the general consensus that the City should not be in the business of collecting fees for vehicle storage. No vote was taken. MOTION by Roth/McCarthy I move we table Resolution No. R-87-35. ROLL CALL on the motion carried unanimously. (5-0) Reapplication for Occupation Li~e~se ~n~w~ ~ M~yor Harris This item was moved to the July 1, 1987 Workshop agenda. Acquisition of Land in the Vicinity of ~ar~er Street Field ~ Mayor Harris MOTION by Vallone/Metcalf I move we approve the purchase of Lots 8 & 9, Block 209, in the amount of $11,000.00. ROLL CALL on the motion carried. (4-1) Roth - Nay 10 Sebastian Volunteer Fire Department ~ Request t__Qo ~_~ ~and at ~rber Street Ballfield MOTION by Roth/Metcalf I move we approve the request of the Sebastian Volunteer Fire Department to use a portion of the land at the Barber Street ballfield for training on a temporary basis. Nate McCollum said no structures would be built, no chemicals used and no burning would be done and when the City prepares to build new ballfields the Fire Department will stop using the land. ROLL CALL on the motion carried unanimously. (5-0) Mayor Harris adjourned the meeting at 9:55 P.M. MINUTES WERE APPROVED AT THE JUNE CLERK 24TH ~987 MEETI~O.~ / 11