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HomeMy WebLinkAbout07131988City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 13, 1988 - 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. Finance Director, Carol Carswell, led the Pledge of Allegiance. Invocation was given by Reverend John Hill - Sebastian United Methodist Church. 4. ROLL CALL Present: Also Present: Councilman George Metcalf Councilman Robert McCarthy Councilman Kenneth Roth Vice Mayor Vallone Mayor Richard Votapka City Manager, Robert McClary City Attorney, Charles Nash 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Mayor Votapka moved items 7A and 7B before the Consent Agenda. 88.112 88.125 88.132 88.131 ?. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation - Municipal Treasurer's Week Mayor Votapka read a proclamation, proclaiminG July 25 through 31, 1988 as Municipal Treasurers' Week. He presented the proclamation to Finance Director, Carol Carswell. B. Proclamation - 4th of July Committee Mayor Votapka read a proclamation, honorinG the 4th of July Committee members. He presented the proclamation to Chairman Ken Vickers. Councilman Roth requested that each committee member receive a proclamation. 6. CONSENT AGENDA A. Approve Minutes - 6/15/88 BudGet Workshop, 6/22/88 Regular Meeting B. Request for Waiver of Permit Fees - Sebastian Volunteer Fire Dept. and Rescue Squad C. Request for Community Center - Alcoholic BeveraGe - 7/17/88 - Indian Association D. RESOLUTION NO. R-88-45 - Abandonment of Easement - Lots 18 & 19, Block 382, Unit 11, SH E. RESOLUTION NO. R-88-46 - Abandonment of Easement - Lot 22, Block 306, Unit 10, SH F. Fellsmere Volunteer Ambulance Squad - Sebastian Division - Request for 85000 G. City Manager Recommendation on Yacht Club Renovation H. RESOLUTION NO. R-88-50 (City Council Opposition Friedt Foundation Development) I. Request from City Attorney Reimbursement for Attendance at Florida Association of Municipal Attorneys - 8/5 & 8/6 - Amelia Island, Florida Councilman Metcalf withdrew item (6)(C). Mayor Votapka withdrew item (6)(A) and (6)(H). 2 MOTION by Roth/Metcalf I move we approve items B. Request for Waiver of Permit Fees - Sebastian Volunteer Fire Dept. and Rescue Squad, D. RESOLUTION NO. R-88-45 - Abandonment of Easement - Lots 18 & 19, Block 382, Unit 11, SH E. RESOLUTION NO. R-88-46 - Abandonment of Easement - Lot 22, Block 306, Unit 10, SH, 88.112 F. Fellsmere Volunteer Ambulance Squad - Sebastian Division - Request for $5000, 88.125 G. City Manager Recommendation on Yacht Club Renovation, and 88.1311. Request from City Attorney Reimbursement for Attendance at Florida Association of Municipal Attorneys - 8/5 & 8/6 - Amelia Island, Florida. VOICE VOTE on the motion carried 5-0. Mayor Votapka amended item (6)(A) 6/22/88 Regular Minutes as follows: Page 12, item 88.125 Yacht Club Seawall, Councilman McCarthy's vote should read "Nay"; Page 13, item 88.126 add, "Refer to attached City Manager's memo dated 7/16/88". MOTION by Vallone/McCarthy I move we approve item (6)(A) Approve Minutes - 6/15/88 Budget Workshop, 6/22/88 Regular Meeting as amended. VOICE VOTE on the motion carried 5-0. Councilman Metcalf questioned whether the organization requesting item (6)(C) Request for Community Center - Alcoholic Beverage - 7/17/88 - Indian Association is non- profit. The City Clerk said the Indian Association is paying full price. MOTION by Vallone/Roth I move we approve item (6)(C) Request for Community Center - Alcoholic Beverage - 7/17/88 - Indian Association. VOICE VOTE on the motion carried 5-0. Mayor Votapka requested that item (6)(H) 88.132 RESOLUTION NO. R-88-50 (City Council Opposition Friedt Foundation Development), be mailed to the Army Corps of Engineers, Indian River County Commission, Pelican Island Audubon Society, Sebastian Inlet Commission, and Sebastian Watershed Action Committee. 3 88.124 MOTION by Roth/Vallone I move we adopt Resolution No. R-88-50 and mail it to the Army Corps of Engineers, Indian River County Commission, Pelican Island Audubon Society, Sebastian Inlet Commission; and Sebastian Watershed Action Committee. MOTION by Vallone/Roth I move we amend the main motion to include mailing Resolution No. R-88-50 to Governor Martinez. ROLL CALL on the amendment: Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye MOTION CARRIED. ROLL CALL on the main motion: Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye MOTION CARRIED. Mayor Votapka said he appreciated the Sebastian Sun and Veto Beach Press Journal bringing this item to the attention of the public. 8. PUBLIC HEARING, FINAL ACTION ae ORDINANCE NO. 0-88-20 - (Procedures for Abatement of Lost or Abandoned Property) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING PROCEDURES FOR ABATEMENT OF LOST OR ABANDONED PROPERTY; ADOPTING CERTAIN PROVISIONS OF THE FLORIDA STATUTES PERTAINING TO ABATEMENT OF LOST OR ABANDONED PROPERTY; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst Reading 6/22/88, Advertised 6/29/88, Public Hearing 7/13/88) Attorney Nash read Ordinance No. 0-88-20 for the second time by title only. 4 88.107 Mayor Votapka opened the public hearing at 7:21 P.M. The Building Official said this ordinance is in line with Florida Statutes. Attorney Nash said Florida Statutes provides sufficient guidance and a very comprehensive method of dealing with lost or abandoned property and it would be wise for the City Council to adopt the same types of procedures. Mayor Votapka closed the public hearing at 7:23 P.M. MOTION by Metcalf/McCarthy I move we adopt Ordinance No. 0-88-20 as read by the City Attorney for the second time by title only. ROLL CALL: Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Roth - Aye MOTION CARRIED. B. ORDINANCE NO. 0-88-21 - (Public Service Zoning) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO PERMITTED AND CONDITIONAL USES; LIMITING PERMITTED USES IN THE PS DISTRICT; PROVIDING FOR CONDITIONAL USES IN THE PS DISTRICT; PROVIDING CRITERIA FOR CONDITIONAL USES IN THE PS DISTRICT; DELETING ADULT CONGREGATE LIVING FACILITIES AS A CONDITIONAL USE IN PS, RM-8, RM-12, COR, CL, AND CG DISTRICTS; PERMITTING CULTURAL OR CIVIC FACILITIES IN RE-40, RS-20, RS-15 AND RS-10 DISTRICTS; DELETING NURSING HOMES AS A CONDITIONAL USE IN THE PS DISTRICT; AMENDING APPENDIX A DISTRICT USE TABLE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (lst Reading 6/22/88, 1st Advertisement 7/5/88 for 7/13/88 Public Hearing, 2nd The City Manager read Ordinance No. O-88-21 for the second time by title only. Mayor Votapka opened the public hearing at 7:25 P.M. The Building Official said this ordinance will break down conditional uses more in line and only allow a permitted use such as a park and recreational area. 5 Mayor Votapka reiterated that permitted uses will now be public parks and publicly owned recreation areas and accessory structures. He said conditional uses will be subject to notification of surrounding property owners and site plan approval. Sue Silva thanked city staff for the time involved in drafting this ordinance. Mayor Votapka thanked Ms. Silva and all involved with bringing the problem with public service zoning to the Council. Mayor Votapka closed the public hearing at 7:30 P.M. Attorney Nash suggested it be put on the record that there will be a second public hearing on Ordinance No. O-88-21 on July 27, 1988. Councilman McCarthy requested that "public or private not-for-profit administrative services" be defined. Attorney Nash said the Red Cross would be a good example. Councilman McCarthy read in the first paragraph "permitting cultural or civic facilities in RE-40, RS-20, RS-15 and RS-10 districts" and questioned do we want a library, hospital or extended care facility in an RS-10 district. The Building Official said major arterial criteria was added to conditional uses for hospitals and extended care facilities. Attorney Nash said it would be nearly impossible for the City of Sebastian to obtain a certificate of need for a hospital. Councilman Roth said he did not want to see any commercial development of any kind in RS-10. He said a major road program had not yet been adopted. Mayor Votapka said the 1981 Comprehensive Land Use Plan does address the classifications of roadways in Sebastian. MOTION by Vallone/Metcalf I move we adopt Ordinance No. O-88-21 on second reading and present it for public hearing on July 27, 1988. MOTION by McCarthy/Roth I move we amend the main motion to strike in section 6, (8)(a) "RS-10" pertinent to cultural or civic facilities from the ordinance. 6 When questioned by Councilman Roth, the Building Official said RS-10 uses have no bearing on a proposed library in Sebastian Lakes which is a PUD. The Building Official said he was concerned not to see RM-8 and RM-12 in the ordinance. When questioned by Mayor Votapka, Attorney Nash said to add more zoning districts would change the substance of the title and would require readvertise- ment. Councilman McCarthy said the ordinance was incorrect because the Sebastian Lakes zone is not included. The City Attorney noted that there were two section fives in the body of the ordinance and that the sections would have to be renumbered. ROLL CALL on the amendment: Mayor Votapka - Nay Councilman McCarthy - Aye Councilman Metcalf - Nay Councilman Roth - Aye Vice Mayor Vallone - Nay MOTION FAILED. The Building Official said criteria for major arterial streets can be added to the conditional uses for cultural or civic facilities. MOTION by Vallone I move we amend the main motion to add on page four, section 6 (8) Cultural and Civic Facilities "(b) Conditional Use Criteria" (1) the proposed site shall be located on arterial streets shall have direct access from such arterial streets as designated on the City's thoroughfare map". MOTION died for lack of a second. ROLL CALL on the main motion: Councilman McCarthy - Nay Councilman Metcalf - Aye Councilman Roth - Nay Vice Mayor Vallone - Aye Mayor Votapka - Nay MOTION FAILED. 7 Mayor Votapka said Council needed to direct the Building Official to go back and look at all the uses we have in these districts again and come to to Council with changes. The City Manager encouraged Council not to throw out the entire ordinance but to develop amendments for the July 27, 1988 public hearing. Councilman Roth said it was essential to take out RS- 10 and add RM-8 and RM-12. Attorney Nash recommended placing discussion of this item on the August 3, 1988 agenda, to allow sufficient time to discuss it with the Building Official. The City Manager asked the Attorney if a City Council after proper notice and after the hearing is held, may add or delete something from the ordinance or is readvertisement necessary. The City Attorney advised that readvertisement is required if the substance of the ordinance as shown in the title is changed. He said amendments discussed tonight would change the substance of this title. Mayor Votapka suggested that the Building Official also add PUD zoning to the ordinance. The City Attorney concurred. Mayor Votapka instructed that discussion of this item be brought back to the August 3, 1988 workshop advised that the scheduled second advertisement for July 27, 1988 public hearing on this ordinance be cancelled. 9. PUBLIC INPUT Steve Lulich, Planning and Economic Development Committee of the Chamber of Commerce, said PEDC had conducted a poll of some of its members on the alcoholic beverage Ordinance No. 0-88-26 and received the following results: 40% remain at status quo; 25% prohibition of alcoholic beverages in parks; and 35% prohibition except with Police Department permit. * Mr. Lulich did not have knowledge of the number of people who responded to the poll. 10. COMMITTEE REPORTS/RECOMMENDATIONS Councilman Metcalf reported on the Watershed Committee meeting. He said the committee was established to improve the water quantity and quality of the Indian River Lagoon. He said the job of the committee is to identify all (* as amended at the 7/27/88 Regular Council meeting) 8 surface water problems in the Sebastian River Basin. He said he will give a full written report. He recommended articles in the Sebastian Sun on the meeting. Councilman Metcalf said he also attended the St. John's Water Management District meeting in Melbourne last Friday. Councilman Roth said the next Bikepath meeting is August 30, 1988 and he may be unable to attend. He said he had asked the Chairman to contact Mayor Votapka regarding the agenda for the upcoming meeting. Councilman Metcalf said the Transportation Committee will not meet in August. 11. MAYOR MATTERS Mayor Votapka said he had received three positive responses from Commissioners Scurlock, Wheeler and Bowman to his invitation to the Indian River County Commission to meet with Sebastian City Council on August 31, 1988 at 1:00 P.M. Me said he would meet with the City Clerk to send invitations listing agenda items. Mayor Votapka said he had a letter from the Federal Emergency Management Agency stating the deadline for adoption of the Flood Damage Protection ordinance on September 30, 1988. Attorney Nash asked that a copy of the letter from FEMA be sent to him. When questioned by the Mayor as to the status of the City Engineer applications, the City Manager said three resumes had been received to date and that the deadline for application is August 8, 1988. 12. COUNCIL MATTERS A. Vice Mayor Vallone None. B. Councilman Roth None. C. Councilman McCarthy None. D. Councilman Metcalf None. 88.115 Mayor Votapka called recess at 8:37 P.M. and recalled the meeting at 9:47 P.M. All members present at recess were present at recall. 13. CITY ATTORNEY MATTERS At ORDINANCE NO. 0-88-26 (Alcoholic Beverage - Parks) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGULATING ALCOHOLIC BEVERAGES; AMENDING SECTION 18-3 OF THE CODE OF ORDINANCES PROHIBITING ALCOHOLIC BEVERAGES IN PARKS; PERMITTING THE SALE, USE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT MUNICIPAL GOLF COURSES; PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES AT MUNICIPAL BUILDINGS AND FACILITIES; ALLOWING, BY PERMIT ONLY, THE CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES AT MUNICIPAL BUILDINGS AND FACILITIES; PROMULGATING STANDARDS AND PROCEDURES FOR THE ISSUANCE OF A PERMIT; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance NO. 0-88-26 for the first time by title only. MOTION by Vallone/Metcalf I move we adopt Ordinance No. 0-88-26 on first reading and set it for public hearing on August 24, 1988. Councilman Metcalf recommended that instead of this lengthy ordinance, Code of Ordinances Chapter 18-3 be amended by simply changing the word "Council" to "Manager". Councilman McCarthy concurred with Councilman Metcalf. Attorney Nash cautioned Council that if they don't set forth certain criteria in the ordinance for approval of alcoholic beverage permits, the ordinance would not withstand a constitutional challenge. He said this ordinance was prepared to do so. He said he was also revising Resolution No. R-87-88A which sets rules and regulations for the Yacht Club and Community Center. Mayor Votapka said he felt even Council should not have discretion for alcoholic beverage approval. He said the city is open for a discrimination lawsuit if the denial is not based on substantially valid 10 reasons. He said he had checked with Veto Beach and indian River County which state they do not allow alcoholic beverages in parks. Mayor Votapka requested that page one section one (c) be stricken to eliminate alcoholic beverages in city hall to alleviate any liability on the part of the city. Attorney Nash cited the Dramshop Act which would incur liability for anyone providing alcohol to someone under the drinking age or a known alcoholic. ROLL CALL: Councilman McCarthy - Nay Councilman Metcalf - Nay Councilman Roth - Nay Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION FAILED. Discussion on this subject was placed on the August 3, 1988 workshop agenda. Attorney Nash said the Construction Board was changing their meeting date to the second Tuesday of each month at 7:00 P.M. He said the forfeiture trial on the Petite Home matter would go to trial next week or the week after. Attorney Nash said that Assistant City Attorney Kreuzkamp was awaiting a decision on the position of Code Board Attorney for Melbourne Beach. A consensus poll was taken of the entire Council and there was no objection to Attorney Kreuzkamp accepting this position. The City Manager said he would place a letter of request on the July 27, 1988, agenda if the position is offered to Attorney Kreuzkamp. Attorney Nash reiterated that the opinion of County Attorney Collins was that the County sandmining ordinance does not directly regulate sandmining operations in the City of Sebastian. He said they were still researching the issue as to whether this city does decide to pass an ordinance with similar regulations would it affect Special Use Permit granted by resolution earlier this year. Councilman Metcalf said he intended to submit a revised sandmining ordinance. 11 14. 15. Vice Mayor Vallone questioned the current lawsuit against the city regarding a Sebastian Police Officer. Attorney Nash said the City's insurance company has appointed an attorney in West Palm Beach. Attorney Nash recommended that Council not discuss pending litigation at Council meetings. CiTY MANAGER MATTERS None. Mayor Votapka said North County Recreation had approved $40,000 in their coming fiscal budget for the Barber Street Sports Complex. He added this to the agenda for the August 31, 1988 meeting with the County Commission. Mayor Votapka adjourned the meeting at 9:20 P.M. Minutes were approved at the Regular City Council Meeting, as amended, on July 27, 1988. Mayor Richard B. Votapka ATTEST: ~ /~i;~:~.e~~~ ~m ~ ~ Halloran, CMC, AAE 12 15. 88.125 Attorney Nash said he had prepared a proposed lease for the Sebastian Volunteer Ambulance Squad. The City Manager said the survey on the property had been ordered. Attorney Nash said he had received no response as yet from Attorney Feene¥, attorney for Julian Construction, St. Sebastian PUD. Attorney Nash said the Building Official had advised that in his opinion the ordinance on parking boats not be amended as requested. Attorney Nash questioned handling the Italian/ American Club lease since there seemed to be a discrepancy between Council minutes which stated he was instructed to draft the lease and a memo from the City Manager stating that the Italian/American Club would draft the lease for Council consideration. Council concurred that the Italian/American Club would draft the lease for Council consideration. Ordinance No. O-88-19 (Nuisance) was scheduled for the August 3, 1988 workshop. CITY MANAGER MATTERS A. Yacht Club Seawall The City Manager recommended that the Yacht Club be renovated following repair of the seawall as follows: 1) not replace the shuffleboard courts, 2) replace the concrete sidewalk with a boardwalk, and 3) replace the chain link with a wooden fence. MOTION by Roth/McCarthy I move we concur with the recommendations of the City Manager on the renovation of the Yacht Club to 1) not replace the shuffleboard courts, 2) the concrete sidewalk with a boardwalk, and replace the chain link with a wooden fence. MOTION by Vallone/Metcalf I move we table action on the renovation of the Yacht Club for a cost estimate until the July 6, 1988 workshop. ROLL CALL: Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Nay Councilman McCarthy - Aye Nay Councilman Metcalf - Aye MOTION CARRIED. 12 88.126 88.127 B. Ambulance Squad Curb Cut After a brief discussion'of the options for curb cuts presented by the City Manager, the following motion was made. MOTION by Metcalf/Roth I move we approve option A for the ambulance squad curb cut. ROLL CALL: Councilman Roth - Aye Vice Mayor Vallone - Nay Mayor Votapka - Nay Councilman McCarthy - Nay Councilman Metcalf - Aye MOTION FAILED. MOTION by McCarthy/Vallone I move we approve option C (both options A & B with B moved further east) for the ambulance squad curb cuts. Refer to attached City Manager's memo dated 6/16/88. ROLL CALL: Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye Councilman Metcalf - Nay Councilman Roth - Nay MOTION CARRIED. MOTION by Vallone/Metcalf I move we extend the meeting twelve minutes. VOICE VOTE on the motion carried 5-0. Councilman McCarthy said for the record that he would vote no on any further requests for extensions of the meeting. Notice_- Public Meeting - San Sebastian Springs Airstrip - July 28, 1988 The City Manager expressed his concerns that if no objections are filed with the FDOT regarding the proposed airstrip they would cancel the public meeting on July 28, 1988. He expressed concern that the special use was granted by motion instead of a resolution and so contained no conditions. He recommended Council request that there be a meeting regardless of receipt of objections and that there be an Air Space Study done at the developer's expense. 13