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HomeMy WebLinkAbout09091987L. Gene Harrll Mayor City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Kathryn M. O'Halloran City Clerk MINUTES SEBASTIAN CITY COUNCIL ~U~AR ~ETING WEDNESDAY, $~T~R 9. 1987:7:00 P.M. 1225MAIN STREET, SEBASTIANz F~OR!DA ALL PROPOSED ORDINANCES AND INFORMATION ON OTHER ITEMS LISTED BELOW MAY BE INSPECTED iN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. Mayor Harris called the meeting to order at 7 P.M. 2. Vice Mayor Roth led the Pledge of Allegiance. 3. Invocation was given by Father Joseph LeSage, St. Sebastian Catholic Church. ROLL CALL Present: Vice Mayor Kenneth Roth Councilman Robert McCarthy Councilman George Metcalf Councilman Peter Vallone Mayor L. Gene Harris MOTION CARRIED 5. P~OCkAMATI_QN$ ANDJOR ANNOUNCEMENTS Mayor Harris said Mrs. Peg Rondeau had requested that he announce that there would be a consultant at the Sebastian Lakes Clubhouse on Thursday, September 10th at 11:00 a.m. to discuss future plans for the Library. Mayor Harris announced Voter Registration Day September 14, 1987. He said the last day to register for the October 20, 1987, County election is September 19, 1987. 87.193 Mayor Harris said he would like to have Mr. Feeney, counsel for the Julian Construction Co., owners of the PUD on Main Street, briefly speak to Council. There were no objections to the request. A. Proclamation - SebHsti~n Junior Women's Club Attorney Palmer read a Proclamation, honoring the Sebastian Junior Women'S Club on their 10th anniversary. Since there was no one to receive the proclamation, the City Clerk said she would see to it that the group receives it. Mr. Feeney of Julian Construction then addressed Council. He said that Julian Consolidated has been in Orange County for thirty years and that this is their first time to do work out of that County. He said the PUD was acquired through foreclosure. He expressed concern about sewer availability. Mr. Feeney said the company will require an extension from the City and DRI. He said once this is dealt with, the realignment of Main Street should be undertaken. He then asked for direction from Council. After a brief question and answer session it was recommended by Vice Mayor Roth that a special meeting be called when Julian Construction is ready with some type of plan. Earl Masteller said this project has been labored with for five or six years. He said the City needs the road straightened and the PUD is an important factor in that and in the viability of the proposed sewer project. He said the City now~has a potential user. PU~C ~RING A. ~ESOLUTION NO. R-81-53 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING TO THE SEBASTIAN RIVER AREA HISTORICAL SOCIETY, INC., A SPECIAL USE PERMIT PURSUANT TO SECTION 20A-2.6, LAND DEVELOPMENT CODE; PROVIDING AN EFFECTIVE DATE. (lst Reading 8/12/87, Advertised 9/2/87) Attorney Palmer read Resolution No. R-87-59 by title only. Mayor Harris opened the Public Hearing at 7:30 P.M. George Riordan, an adjacent property owner expressed his concerns for the possible loss of trees and possible traffic accidents. George Schum recommended a modern, well-lit, airconditioned, fire-proof building. Vice Mayor Roth said he was embarassed that Council was not given a map or better informed. MOTION by Roth/McCarthy I move we postpone action on Resolution No. R-87-59 until a conceptual plan for the museum is received from the Sebastian River Area Historical Society. Councilman Metcalf asked what the plans were for the building. George Schum said that permission for Special Use must first be obtained and that 'there were no plans at the present time. Mayor Harris said the property was deeded by GDC to the City for a museum site and the City had accepted it. John Daminski said the Society did not intend to destroy any trees. He said at the present there were no plans for the building. Vice Mayor Roth said he was only requesting proper info before making a decision. Julius Rapp said his son owned 651 Schumann Drive and was against the project for parking reasons. The City Clerk apologized for not giving Council members a map. Sally Riordan said she has lived next to the proposed project site for 24 years and expressed concern for people hanging out in the parking lot and traffic problems. Mayor Harris closed the Public Hearing at 8:00 P.M. Councilman Vallone said that with respect to the Historical Society, there was a proper way of doing things and he would support the motion. Councilman Metcalf questioned the difference between the site plan and special use permit approval. The Building Official said there was a difference but he had some concerns about the project. 3 87.047 ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Nay MOTION CARRIED B. ORDINANCE NO. 0-87-Q~ 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. (lst Reading 8/26/87, Advertised 8/28/87) Attorney Palmer read Ordinance No. 0-87-06, by title only. Mayor Harris opened the Public Hearing at 8:07 P.M. There being no input from the Public, Mayor Harris closed the Public Hearing at 8:08 P.M. MOTION by Roth/Metcalf I move we adopt Ordinance No. 0-87-06, as read by the City Attorney, by title only. Councilman Vallone said he would support the motion if Home Occupational Licenses were being addressed by another Ordinance. Councilman McCarthy asked Attorney Palmer if he was satisfied with the Ordinance. Attorney Palmer said he was. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED 7. COMMITTEE REPORTS Vice Mayor Roth said he and Attorney Palmer are working on the Special Assessment program and will bring something to Council when they feel they have something acceptable. 8. PUBLI~ ~T ON AGE~NDA ITEMS Earl Masteller recommended that the City hire a full-time City Engineer rather than a consultant. Dr. Henry Fischer said he concurred with Mr. Masteller. George Reeves recommended the Council hire a full-time engineer. Gene Popow, Oyster Cove Association, said he was requesting an extension for presentation of his site plan. It was decided to discuss this under the agenda item. 9. CONSENT AGENDA RESOLUTION NO. R-87-60 - Abandonment of Easement - Lots 3 & 4, Block 500, Unit 15, S/H Be RESOLUTION NO. R-87-61 - Abandonment of Easement - Lots 18 & 19, Block 122, Unit 4, S/H RESOLUTION NO. R-87-62 - Abandonment of Easement - Lots 8 & 9, Block 14, Unit 1, S/H Model Home Conditional Use Permit Request - Suburban Homes - Lot 4, Block 56, Unit 2 Councilman Vallone requested that Item (9) (D) be removed from the Consent Agenda. MOTION by Roth/McCarthy I move we approve Consent Agenda items (9) (A) RESOLUTION NO. R-87-60 - Abandonment of Easement - Lots 3 & 4, Block 500, Unit 15, S/H (B) RESOLUTION NO. R-87-61 - Abandonment of Easement - Lots 18 & 19, Block 122, Unit 4, S/H (C) RESOLUTION NO. R-87-62 - Abandonment of Easement - Lots 8 & 9, Block 14, Unit 1, S/H. 87.126 VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED Councilman Vallone requested a clarification on parking. He asked the Building Official if it was in compliance. The Building Official said it was in compliance. MOTION by Vallone/Metcalf I move we approve Consent Agenda item (9) (D) Model Home Conditional Use Permit Request - Suburban Homes - Lot 4, Block 56, Unit 2. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED Vice Mayor Roth said he appreciated the background information received by Council. 10. OLD 0uiett Power _- Discussion Re: Automatic Transfer ~y~gJ~ ~Qat~gn~ f~om ~LZ/87) Mr. Quiett of Quiett Power passed out literature and copies of a maintenance agreement to Council on the automatic transfer system for the emergency generator. Councilman Vallone said Council was misinformed by a staff member regarding purchase of the automatic transfer switch. He said the automatic switch would give the City more reliability. Mr. Quiett explained how the system works. He said if power from the utility is out the generator will run until fuel runs out. He said his company does not install the system and that a licensed electrician would have to do the installation. Vice Mayor Roth questioned why this proposal was not brought to Council when the generator was installed. 87.207 Mr. Quiett said this is not an emergency generator without the automatic transfer system. He quoted a price of $1990 without installation. Councilman Vallone requested that this item be referred to staff and then be placed on the September 23, 1987, agenda. Mr. Masteller said this is where a City Engineer would come into play. He said if the City buys the system from Quiett Power and uses a different electrician to install the system each will blame the other if a problem arises. B. Readvertise for City Councilman Metcalf asked that Council respect his experience in contract management. He said Council is obliged to follow Florida State Statute 287.055 regarding the hiring of engineering services. He said a firm within the state of Florida with a local office within 50 miles could be hired with one man serving as engineer of record. Mayor Harris said he had dOne some inquiries into consulting firms and had fOund that they are not on an oncall basis under the retainer. He recommended that Council advertise for a City Engineer in the Florida League of Cities and other~:magazines. Councilman Metcalf 'said one man can't cover all aspects of engineering needed. He said a consulting firm could be retained for between $10,000 and $12,000. Vice Mayor Roth said retainer is nothing more than being on call and when needed an engineering consultant would be very costly. He said the City is now and will be in dire need of an efficient City Engineer. Councilman Vallone recommended that Council at least see what consulting firms have to offer. Councilman McCarthy recommended getting proposals from Consulting Engineers and advertising for a City Engineer. MOTION by McCarthy/Vallone I move we advertise for consulting engineer firms withing a 50 mile radius of Sebastian in the Florida League of Cities magazine in accordance with Florida State Statute 287.055 The Building Official recommended that Council advertise for a City Engineer and he would present them with a list of consulting firm. He said in his opinion the City needs both an Engineer and a Consultant. 87.207 ROLL CALL: Vice Mayor Roth - Nay Councilman McCarthy - Nay Councilman Metcalf - Aye Councilman Vallone - Nay Mayor Harris - Nay MOTION FAILED MOTION by Vallone/McCarthy I move we readvertise for a City Engineer in the Florida League of Cities and other journals at a salary of $25,000 to $35,000. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Nay Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED C. Proposal Engineering Service~ Although not the intent of this agenda item, discussion took place on City Base Maps. Mayor Harris said he would do interviews when he returned from his vacation. (This agenda item was actually carried over from the September 2, 1987, meeting, to discuss consulting engineer firms. 11. MA~OR'~ MATTSR$ Mayor Harris said he had instructed A1 Peltier to purchase poles for the approved signs under the same state contract for a price under $2000. 12. CO~QIL MATTEg~ Vice Mayor Roth said he had met with Jim Davis regarding the traffic light and had requested funds from impact fees. Mayor Harris said he gives much of the.credit for the traffic light to Mosby and Associates. Councilman McCarthy questioned what plan Post, Buckley was addressing in their letter of July 20, 1987. Mayor Harris said they were addressing his plan. Councilman McCarthy said the Airport Advisory Board is only to advise Council not vote on matters. 8 87.215 87.210 Vice Mayor Roth said Phase I of the Master Plan was never approved by Council and until it is Council is not obliged to accept anything. Mr. Harris said Mr. Twitty is working on the plan. Councilman McCarthy asked to see documentation on how much the Airport was charged for Public works' employees mowing grass. He questioned the request for a new employee for the airport to .take care of. this. 13. CITY ATTQRNEY MATTERS None. 14. NEW BUSINESS ae Request from Damiam ~illi~ re: ExtensioR on Site Plan for Twin Oaks ApartgL~n~s Approved ~ Planning and Zoning C~li$~on September 12. Damian Gilliams requested an extension on his site plan approval. The Building Official.said he recommended a six month extension on site plan with ninety day permit extensions. MOTION by Vallone/Metcalf I move we approve the request for extension on site plan approval for six months with ninety day permit extensions as approved by the Building Official. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy ' Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED ORDINANCE ~ 0-87-22 (First Reading - Set Public Hearing) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING PARAGRAPH B OF SECTION 20A-6.1 OF ARTICLE VI OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE AND THEREBY CODIFYING THE NOTICE REQUIREMENTS AS A PRECONDITION FOR APPROVAL OF ANY CONDITIONAL USE; PROVIDING AN EFFECTIVE DATE. 9 87.216 87.217 MOTION by Vallone/Roth I move we accept the first reading of Ordinance No. 0-87-22 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 Vice Mayor Roth said he would like to thank Councilman Vallone for bringing this matter to the attention of Council. MOTION CARRIED C. FINA~C~ ~EPARTMENT Request ~Q R~ag~ A~torney Palmer's M~[~hip in National In~ute of Municipal Law Q~icers (N~O) This was mistakenly placed on the agenda by Mayor Harris who stated that it is the City's renewal and it has been taken care of. D. Request fr~om Oyster Cove A~. - Eugene Popow re: ~i~ty Day Extension .~0 Submit Site ~ ~Q R i ~ The Building Official recommended that Council approve a sixty day extension on submittal of site plan to Planning and Zoning or the project be abandoned. MOTION by Metcalf/Vallone I move we support the recommendation of the Building Official and approve a sixty day extension to submit a new site plan to Planning and Zoning or abandon the project for Oyster Cove Association. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye Vice Mayor Roth said he appreciated Bruce Cooper's comments. MOTION CARRIED 16. Mayor Harris adjourned the meeting at 9:42 p.m. 10 Minutes were approved at the September 23rd, 1987 meeting. ~T~ ~ST: City C~rk Mayor