Loading...
HomeMy WebLinkAbout09021987L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978o0127 TELEPHONE (305) 589-5330 Kathryn M. Benjamin City Clerk ~IN~TES SEBASTIAN CITY COUNCIL WQ~ESHoP MEETING WEDNESDAY, SEPT~MSER 2, ~: 7:00 · CITY~QU~CIL CHAMBERS 1225 MAIN STREETL SEBASTIAN, YLQE!DA 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. Councilman McCarthy led the Pledge of Allegiance. 3. Invocation was given by Reverend Bruce Havens United Church of Sebastian. 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. PROCLAMATIONS/ANNQUNCEMSNT$ Mayor Harris announced the Public Hearing on the 1987/88 fiscal year budget set for September 5 at 10:00 A.M.; the closing of City Hall on Labor Day; the postponement of agenda item 87.126 Quiett Power to the September 9 Regular meeting agenda and the withdrawal of item 87.208 regarding CLC Mowers code enforcement complaint by the applicant. Councilman Vallone recommended that a Proclamation be presented to the Sebastian Jr. Women's Club at the September 9, 1987 meeting for their 10th anniversary. 6. COMMITTEE REPORTS None. 7. ~T~QDUC~tQNOFDUSI~$S FROM THE PUBLIC Mayor Harris opened the public input at 7:05 P.M. Bob Faust recommended Council approval of the proposed lease with C.J. Cannon for the golf course restaurant. Donald Perry said the majority of those surveyed regarding the approval of the proposed lease with C.J. Cannon were disappointed when the lease was withdrawn. Richard Szeluga urged that although something needs to be done with the food and beverage operation at the Golf Course Council should carefully review the proposal since in his opinion several terms and conditions of the proposed lease and agreement need work. Mayor Harris requested that Mr. Szeluga put his points in writing and present them to Council. Councilman McCarthy said Mr. Szeluga's points were well taken. Dr. Beller recommended that Council look at the C.J. Cannon proposal from a humane standpoint regarding the firing of employees. Bill Markham recommended that Council look at the C.J. Cannon proposal with Golf Course members in mind. John Evans, Citizens Against Airport Expansion, stated that the Airport Advisory Board did not prepare the budget for presentation to the Council as required by Section 3.5-11 of the Code of Ordinances. He expressed concern for $48,050 slated for the Master Plan. Vice Mayor Roth said Council approved that budget item with the understanding that the funds cannot be spent until voted on by Council. Councilman McCarthy said the Airport Advisory Board not the Airport Manager should prepare the airport budget. 87.184 Councilman Metcalf said this should be addressed at the Public Hearings on the budget. George Reid said with the growth of Sebastian, the golf course needs a first class restaurant. 8. CONSENT AGENDA MOTION by McCarthy/Roth I move we approve all Consent Agenda items as follows: Approve Minutes - 8/10/87, 8/14/87, 8/17/87, 8/21/87 Budget Workshops Request from Amara Temple Shriners to Distribute Literature and Receive Donations for Crippled Children's Hospitals - 10/4 - 10/17 Ce Request for Community Center - Tallman Wedding - Alcoholic Beverage - 11/22/87 De Request for Community Center - Explorer Scouts Halloween Party - 10/30/87 - Fee Waiver Request VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED 9. OLD BUSINESS: A. RESOLUTION NO. R-87-57 A RESOLUTION GRANTING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO iNDIAN RIVER YELLOW CAB, INC. (tabled from 8/26/87) MOTION by McCarthy/Roth I move we remove Resolution No. R-87-57 from the table for discussion/action. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED 3 87.126 87.202 87.177 Mayor Harris said the item had to be readvertised for Public Hearing. MOTION by McCarthy/Metcalf I move we advertise for Public Hearing for Resolution No. R-87-57 on September 23, 1987. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED Be Qui~tt Power - Dis$~$~iQB Re: Sy~'~em (tabled from 8/26L87) Transfer This item was postponed until September 9, 1987, for attendance by Mr. Quiett. C. Request from gei~h Sgh~eider ~. be ~eard Re: His Letter of 8/~/~7 m Drainage After a lengthy question and answer session between Mr. Schneider and Council regarding a drainage problem at Mr. Schneider's home, it was decided this was being handled by administration. Councilman McCarthy suggested that a Resolution be drawn up stating which items are to be handled by administration. Councilman Vallone said the City is not sitting back doing nothing but is working on an Ordinance for an assessment program. ~Oposal from C.J. Qaaa9~: Golf Co~$$ Councilman Metcalf said there is no proposal since Mr. Cannon withdrew it previously. Mayor Harris said he was under the impression that this was the same proposal as the last one submitted and perhaps this should be put on the September 9, 1987 agenda. Councilman Vallone said Council .should not consider this proposal since Mr. Cannon was not in attendance and that it was unfair for the City to go into competition with other City vendors. Councilman McCarthy said this would not be the City's restaurant. He said Mr. Cannon withdrew over various arguments and has reconsidered. 4 87.047 MOTION by McCarthy I move we approve the proposal for the Golf Course Restaurant from C.J. Cannon on the contingency that Mayor Harris, Attorney Palmer, Golf Course Manager Bill Vincent, C.J. Cannon and his attorney meet to iron out conditions of the lease and bring back to Council at the September 23, 1987, Council meeting. MOTION died for lack of a second. Vice Mayor Roth questioned how costs would be split off and said he felt there was further discussion to take place. He said he could not support approval at this time but would support Attorney Palmer looking further into a lease proposal although he would just as soon see the whole operation done away with and a hotdog stand in the shed erected as he had proposed previously. Councilman Metcalf said the City should go out for other proposals not just deal with one from Cannon. MOTION by McCarthy/Roth I move that Mayor Harris, Bill Vincent and Attorney Palmer meet to draw up a proposal for a golf course restaurant and submit it to Council. Councilman Vallone recommended that Council wait until the City Manager is on board. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Nay Councilman Vallone - Nay Mayor Harris - Aye MOTION CARRIED ORDINANCE NO. 0-87-06 - (lst Reading accepted 8/26/87 - set for Public Hearing on 9/9/87) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, LEVYING OCCUPATIONAL LICENSE FEES ON BUSINESSES, PROFESSIONS AND OCCUPATIONS; PROVIDING FOR REPEAL OF CHAPTER 14 AS IT PRESENTLY APPEARS AND CREATING A NEW CHAPTER 14, PROVIDING FOR ISSUANCE OF LICENSES FOR BUSINESSES, PROFESSIONS AND OCCUPATIONS IN THE CITY OF SEBASTIAN, FLORIDA; TO INCREASE LICENSE FEES ON CERTAIN BUSINESSES, PROFESSIONS AND OCCUPATIONS; PROVIDING FOR THE PAYMENT THEREOF; REGULATING THE CONDUCT OF THE SAME; PRESCRIBING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE AND FOR OTHER PURPOSES; PROVIDING FOR PAYMENT OF ATTORNEY'S FEES; PROVIDING FOR AN EFFECTIVE DATE. Mayor Harris stated that the Ordinance presented to Council was the updated version of Ordinance No. 0-87-06. Councilman Vallone said he was concerned since it did not address Home Occupation Licenses. Mayor Harris said Home Occupation Licenses come under the Land Development Code but agreed they needed to be addressed. Bruce Cooper said Home Occupation Licenses need to be addressed by Planning and Zoning. Councilman McCarthy said he would like to see them done away with. The Building Official said he would work with Attorney Palmer to draft an Ordinance on Home Occupational Licenses. Ken Vickers said he was concerned with enforcement although he had no objection to this Ordinance. He said he would like to see a copy of Section 20A-6.1-14 (Home Occupation License) of the Land Development Code. 10. ~A~0R'S MATTERS Mayor Harris said he was attending the Florida League of Cities in Miami on October 13-15, 1987. 11. CiTY COUNCIL MATTERS Councilman Vallone requested a wall plaque with Council's names for City Hall. Mayor Harris said his secretary would look into it. Councilman Metcalf said he did not want a weekly package of City Manager applications. All other Council members said they wanted to receive a package. 12. CITY None. Recess was called at 8:35 P.M. The meeting was recalled at 8:45 P.M. All members present before the meeting were present at recall. 87.192 87.204 13. NEW BUSINESS Q~D!~A~Q~ NO~ Q-87-~9 - Discussion - Mobile Model Homes AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 20A~6.1(19) (a) AND ADDING A NEW SUB-PARAGRAPH (11) TO SECTION 20A-6.1(19) (b) OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE AND THEREBY ALLOWING MODEL HOMES AS A CONDITIONAL USE IN THE PLANNED UNIT DEVELOPMENT MOBILE HOME DISTRICT AND THE PLANNED UNIT DEVELOPMENT DISTRICT (PUD-R) t AND ALLOWING MODIFICATIONS TO THE LOT LINE AND PARKING REQUIREMENTS IN THE MOBILE HOME DISTRICT AND THE PUD- MH DISTRICT FOR MOBILE HOMES IN CERTAIN CASES; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Ordinance No. O-87-19 by title only. MOTION by Metcalf/McCarthy I move we accept the first reading of Ordinance No. O-87-19 and set it for Public Hearing on October 14, 1987. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED B. QRQ!NANQ~ NO. Q-~7-~ - Discussion Only AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING THE EIGHTHY FOOT RIGHT-OF-WAY OF HARRISON STREET FROM THE EASTERLY EDGE OF INDIAN RIVER BOULEVARD TO THE INDIAN RIVER; AND ABANDONING THE EIGHTY FOOT RIGHT OF WAY OF JEFFERSON STREET FROM THE EASTERLY RIGHT-OF-WAY OF INDIAN RIVER BOULEVARD TO THE INDIAN RIVER AND FROM THE WESTERLY EDGE OF INDIAN RIVER BOULEVARD WESTERLY EIGHTY-NINE AND EIGHT-TENTHS FEET TO THE SOUTHERLY PROJECTION OF THE WEST PROPERTY LINE OF LOT 15; PROVIDING AN EFFECTIVE DATE. MOTION by Vallone/Metcalf I move we accept the first reading of Ordinance No. O-87-21 and set it for Public Hearing on October 14, 1987. 87.205 Attorney Rene Van de Voorde, representing "Good Guys", owner of the property, said a 1974 survey showed the roads as abandoned but after a search was conducted no documents or certifications were found to support the abandonment. He said he is requesting that the City abandon the paper streets. Attorney Palmer said the owners of the property will deed back easements to the City for future County water and sewer which will be done before October 14. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED C. ~ARK~ AND R~R~ATIQN CQ~MITTE~ Request to Go ~0 Bid ~O Purchase Four Sets of B~¢hgr~ ~ Approximately $1000 Each The Finance Director said although there was nothing left in Capital Outlay there was money left in Parks and Recreation's Budget. Councilman McCarthy asked if North County Recreation gave the bleachers to the City as so stated by them, how can they take them back. Rene Van de Voorde, past Chairman of North County Recreation said the bleachers are owned by North County Recreation, Inc. and were never deeded to the City. He said a procedure was supposed to be followed to move the bleachers. He said items purchased with County money remain the property of the County. MOTION by McCarthy/Roth I move we approve a line item transfer in the Parks and Recreation Budget and advertise for bid on four sets of bleachers at approximately $1000 each for the Barber Street Ballfield. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf ~ Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED 8 87.206 87.207 87.207 87.208 87.209 Request ~ Pu~Ghase ~ 20' PQ~a for Scoreboard at ~$~ St~$$t Da~l~i~ld ~onated ~j~ Little Leag~9 MOTION by Roth/Vallone I move we approve a line item transfer from Parks and Recreation's Budget for purchase of four poles for the scoreboard at Barber Street Ballfield for approximately $150. ROLL CALL : Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED D. Discussion - Re~dv~tise ~Q~ C~ Engineer Ze P~Qpo$al Re.- Engineering Services - CQWllGikman ~etcalf Items (13) (D) and (13) (E) were discussed together. Councilman Metcalf said he had been in touch with Engineering Consultants and their opinion was that a city the size of Sebastian needs only a consulting engineer on a retainer basis not a full time engineer. He said the fee for a consulting engineer would be $1000 per month. He asked that Council review the programs he has presented. Both of these items were postponed until the September 9, 1987, Regular meeting. Letter of CO~R~aink ~rom Randall ~ Rebecca Snyd$~ - Code Enforcgment - Ray ThomDson Although Mayor Harris had said 'this item was withdrawn by the applicant he noted she was in the audience and questioned whether she would like to address Council. Rebecca Snyder said she was satisfied that procedures were being followed in house. Ge M~mo from Finance Director Re: Fund ~a~ance n Ge~¢ral Fund - couDcilma~ ~GCarthy Councilman McCarthy said he had only requested an update on this matter. No discussion or action took place. 87.210 87.211 87.212 87.213 D%scussiQn Re: Comprehensive Land Use Plan - Cpn~it~o~l Us~ - $¢hQols ar~ ~i~ate ~¢h~p~$ - Counci%man Vallo~e Councilman Vallone said he had received several phone calls from citizens regarding a school facility being built on Roseland Road in the area of Fulton Way. He said surrounding property owners have a right to be informed. Discussion took place on procedu£es for notifying surrounding property owners of pending conditional use approval by Planning and Zoning. Councilman Vallone recommended Conditional Use Permits be approved by Council. Mayor Harris instructed Attorney Palmer to draft an ordinance on procedures to notify abutters for conditional use approval. Vice Mayor Roth agreed that Council should have right of approval. Memo ~ CJ~ Clerk - Q%scu~sio~ ~ Q~der o~f. Roll Call Mayor Harris requested that Council give approval for alternate Roll Call 'to the City Clerk. Council agreed unanimously. _Reques~ from Dorothy McKinle~ ~_Q Speak o_~ Qrainag~ a~ ~o.ad~ Mrs. McKinley read a letter from her stating that 1) City roads were in desperate need of repair and 2) drainage ditches were overgrown with trees and needed to be maintained by the City. She said a handful of Public Works men cannot be expected to clear ditches and recommended experts be called in to alleviate problems. Request for V~riance ~or Bur~ Permit - Steve Philip$on 2 M~mo from Building OffiQi~l Councilman Vallone said proper procedures were not followed and Council has a right to look into the matter. Mayor Harris agreed that proper procedures were not followed but the intent was to do the correct thing. He said he had met with the Building Official and Steve Philipson, the developer who had done the burning, and had been assured that it would not happen again. 10 87.214 Vice Mayor Roth said he would take full responsibility for unknowingly giving permission to Mr. Philipson because he was told they had a permit. Councilman Metcalf said he did not fault Vice Mayor Roth but thought that Mr. Philipson should be brought before Code Enforcement. The Building Official and Mayor Harris said they were comfortable with the results of that day's meeting with Mr. Philipson. L. Transfer Q~. ~fanchis~ O~dinance - Jones Int~rg~b~ to Falcon Cable T__V Ken Vickers said Jones Intercable has entered into an agreement with Falcon Cable TV contingent upon franchise transfer approval. Attorney Palmer said he was disappointed in the proposal from Falcon TV and would request further information. Mayor Harris said he, Attorney Palmer, and Ken Vickers would meet for more documentation from Falcon Cable. Councilman Vallone suggested that a representative of Falcon Cable be invited to address Council. 14. Mayor Harris adjourned the meeting at 10:10 P.M. Minutes were approved at the September 23rd, 1987 meeting. ATTEST: City l,i~erk Mayor 11