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HomeMy WebLinkAbout08101988 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 10, 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. 1. Mayor Votapka called the meeting to order at 7:00 P.M. 2. Councilman Metcalf led the Pledge of Allegiance. Invocation was given by Reverend Harold Lee, First Baptist Church of Sebastian. 4. ROLL CALL Present: Councilman George Metcalf Councilman Robert McCarthy Councilman Kenneth Roth Vice Mayor Peter Vallone Mayor Richard Votapka Also Present: City Manager, Robert McClary City Attorney, Charles Nash 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. 6. CONSENT AGENDA A. Renew Model Home Permit - MGB Homes, Inc. - Lots 8 & 9, Block 219, Unit 8, Sebastian Highlands B. Request for Building Permit Fee Waiver - Calvary Baptist Church C. Sebastian Panthers - A/B - Community Center - 8/27/88 D. Resolution No. R-88-55 - Abandonment of Easement - South Five Feet of Lot 6 & 7 less the Easterly 15 Feet of Lot 7, North Five Feet of Lots 21 & 22, Block 9, Edgewater Park Subdivision E. Council Commitment on Site and Perpetual Maintenance for Community. Playground F. Approve 7/27/88 Regular Council Minutes Mayor Votapka read the Consent Agenda items. The City Manager requested that item (6)(E) be removed and placed after'public input. MOTION by Roth/Vallone I move we approve Consent Agenda items (6)(A), (B), (C), (D) and (F). Mayor Votapka removed Consent Agenda items (6)(A), (D) and (F). Roth and Vallone withdrew motion and second. MOTION by Vallone/McCarthy I move we approve Consent Agenda item (6)(B) Request for Building Permit Fee Waiver - Calvary Baptist Church. VOICE VOTE on the motion carried 5-0. Mayor Votapka read the memo from the Building Official dated July 25, 1988 regarding renewal of model home permits although original permits are approved by the Planning and Zoning Commission. The Building Official said all conditional uses are approved by Planning and Zoning with the exception of model homes according to Section 20A-6.1 (19). He stated model home criteria has in its language renewal approval by Council and shows some indication of the original permit being approved by Council. He explained that original approval had been reverted back to Planning and Zoning and should have been done by an ordinance change. He suggested that renewal permits could be approved by the Building Department provided they have met all requirements. MOTION by Metcalf/McCarthy I move we direct the City Attorney to meet with the Building Official to review Section 20A-6.1 (19), make necessary changes and bring it back to Council. Vice Mayor Vallone said he would prefer to have model home permits approved by Council. VOICE VOTE on the motion carried 4-1 (Vallone - Nay) MOTION by Roth/McCarthy I move we approve Consent Agenda item (6)(A) Renew Model Home Permit - MGB Homes, Inc. - Lots 8 & 9, Block 219, Unit 8, Sebastian Highlands. VOICE VOTE on the motion carried 5-0. Councilman Metcalf questioned what type of function the Sebastian Panthers were holding at the Community Center. The City Clerk responded that the application form does not require a statement as to the type of function. MOTION by Vallone/Roth I move we approve Consent Agenda item (6)(C) Sebastian Panthers - A/B - Community Center - 8/27/88. VOICE VOTE on the motion carried 5-0. Mayor Votapka advised that, regarding the legal description in Resolution No. R-88-55, the correct plat book number should read Plat Book l, Page 23. He said PBI 2-40 is a replat of block one and therefore does not pertain in this particular instance. MOTION by Roth/McCarthy I move Consent Agenda item (6)(D) Resolution No. R- 88-55 be removed from the table and referred to the City Clerk for clarification of the legal description. Mayor Votapka reiterated that the legal descriptions in the title and body of the resolution should read "recorded in Plat Book l, Page 23, public records of Indian River County, Florida". He also noted a typo in the word "providing". The Building Official also requested that "easterly five feet of Lot 5" be included in the legal. VOICE VOTE on the motion carried 5-0. 3 Mayor Votapka requested that the abandonment of easement applications have a space for a printed name and title under the signature line and if a corporation include the corporate seal. Mayor Votapka added to page 1 of the July 27, 1988 Regular Council minutes the inclusion of his name in the compliments given to the City Clerk and staff for implementation of bound agenda packets and procedures manual. MOTION by Metcalf/Vallone I move we approve Consent Agenda item (6)(F) Approve 7/27/88 Regular Council Minutes as amended by Mayor Votapka as follows: Page 1~ "Mayor Votapka and Vice Mayor Vallone complimented the City Clerk and her staff for the implementation of bound agenda packets and the new City Clerk's procedures manual". VOICE VOTE on the motion carried 5-0. 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS Councilman Metcalf announced the public hearing of the new transportation impact fees before the County Commission meeting at 9:00 A.M. on August 23, 1988. 8. PUBLIC INPUT A. Reverend Harold Lee - Overcomer's Ministry Reverend Lee gave a progress report on the drug and alcohol program implemented in January. Ken Vicker, Falcon Cable, explained the reasons for and possible solutions to problems as stated in customer letters to Falcon Cable. It was noted that discussion of Falcon Cable was a September 7, 1988, workshop agenda item. Council Commitment on Site and Perpetual Maintenance for Community Playground After some discussion on the request and input from David Fisher on behalf of the Exchange Club, the following motion was made. 4 MOTION by Metcalf/McCarthy I move that the city provide a suitable site located within the city limits which it deems in its discretion appropriate for use as a playground to be constructed under the supervision of the Sebastlan Exchange Club, and that upon completion of the construction and upon verification of the appropriate city staff that the project is constructed in a safe manner in accordance with all building codes and zoning regulations of the city, that the city will at that time accept maintenance of the project. MOTION and second were modified to change the word "supervision" to "auspices". ROLL CALL on the motion: Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye MOTION CARRIED. Mayor Votapka suggested that David Fisher could provide further evaluation on clarification to help Council determine site selection. David Fisher suggested that Council could appoint a liaison on the project. This was left to the City Manager to determine. 9. COMMITTEE REPORTS/RECOMMENDATIONS Councilman Metcalf said he would provide for review in the City Clerk's office the annual report the Economic Development Council had submitted to the Economic Development Administration. Councilman Metcalf said he met with the Indian River County Transportation Committee this morning. He gave a report on revision to the Vero Beach traffic flow plan. Councilman Metcalf informed Council there is no currently no plan to four lane Schumann Drive. Councilman Metcalf commented that the Watershed Committee was a truly regional effort to protect the Indian River Lagoon. He encouraged staff members to attend the meetings. 5 Councilman Roth requested that the proposed transportation impact fees increase be copied to Council for review. Councilman Metcalf replied that he would provide copies to the City Clerk's office the following morning. 10. MAYOR'S MATTERS Mayor Votapka stated that any unprofessional conduct in the future by Council members will not be tolerated. Mayor Votapka stated that he would not receive or return any phone calls made to him from any Council member, so as not to violate the Attorney General opinion #O71-32 regarding the Sunshine Law. Mayor Votapka said he was informed by Jim Davis that there were no monies available for bikepaths at this time. He suggested that donations could be solicited to fund a bikepath for Barber Street. Mayor Votapka directed a memo from the Building Official regarding performance bonds to the City Attorney. The Building Official said he had some rewriting to do and would present it for a workshop agenda. Mayor Votapka said he had begun a letter to the County regarding the proposed four laning of Schumann Drive in the ~~ Th~§h~a~e P~a~ U.S. #i/State Road 5 Corridor Feasibility Study. He presented a comprehensive land use major thoroughfare map and requested Council feedback on a proposed arterial route adjacent to Sebastian Lakes. Councilman Metcalf requested that the mayor hold up on sending the letter until the County reviews the plan. Mayor Votapka requested the City Clerk copy page 146 of the ~y Th~u§h~a~e P~a~ U.S. #l/State Road 5 Corridor Feasibility Study and the map to Council members. Mayor Votapka said, regarding an editorial in the Sebastian Sun, he was not endorsing the Coraci property for the proposed North County High School. 11. COUNCIL MATTERS A. Vice Mayor Vallone Vice Mayor Vallone reiterated that discussion of Falcon Cable and opinion from the City Attorney on their franchise agreement was on the September 7, 1988 agenda. 6 The City Manager encouraged Council not request an opinion from the City Attorney on the Falcon franchise until after discussion at the September workshop. Council concurred. Vice Mayor Vallone questioned the commencement of the Junior Women's Club project to paint curb numbers on U.S. #1. The City Manager said he would contact them. B. Councilman Roth None. C. Councilman McCarthy None. D. Councilman Metcalf Trip Report - Symposium - Marine Resources Council - "T~chniques an~ Strategies for Watershe~ Management Action" - 7/8/88 Councilman Metcalf reported on his attendance and opened for questions from Council. He said he had received a model drainage ordinance formed by the Center of Government Responsibility, University of Florida, under contract to Florida League of Cities. He read a letter of thanks to Mr. McPherson, Stormwater Management Study, and requested that the mayor put his signature on the letter on behalf of Council. 14. CITY ATTORNEY MATTERS Attorney Nash requested that his letter from the Department of Community Affairs dated July 28, 1988 regarding requirements for public notices to comply with F.S. 166.041. be distributed to Council by the City Clerk. Discussion of charter boat insurance requirements was placed on the October workshop agenda. The City Manager, following a discussion of proposed agreement between the city and owners and attorney representing St. Sebastian PUD, said he would suggest another negotiating session with them. At the suggestion of Attorney Nash, Council instructed the City Attorney to draft a resolution to use Police Department forfeiture funds for attorneys fees on for- feitures for the October workshop agenda. 7 Attorney Nash said he had received letters from the law firm Damsel and Gelston who are representing three former police officers in claims against the City of Sebastian. Attorney Nash recommended that some application filing fees should be increased to be certain fees cover reasonable costs of the city. He suggested Council direct the City Manager to instruct city staff to review current fee schedules such as preliminary plat review, final plat review, subdivisions, etc. Mayor Votapka instructed staff to do so. Attorney Nash suggested that staff contact Mr. McPherson to review the model ordinance for stormwater and flood plain standards. 15. CITY MANAGER MATTERS The City Manager said he had received seventeen copies of the Airport Master Plan, had presented Council with their copies and requested permission to request more copies from Post, Buckley for check out from the City Clerk's office to interested citizens. Council concurred. 16. ADJOURN Mayor Votapka adjourned the meeting at 9:35 P.M. Amendments to the minutes are shown by asterisk, strikethrough for those items deleted and underscore for those items added (excluding agenda item titles). Approved as amended at the August 24, 1988, Regular City Council Richard B. Votapka, Mayor Kathr~n M. 'O'Halloran, City Clerk 8