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HomeMy WebLinkAbout09141988 City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 14, 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. 2. Vice Mayor Vallone led the Pledge of Allegiance. Reverend Bruce Havens, United Church of Sebastian was not in attendance, therefore, there was a moment of silent prayer. 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. 1 88.143 88.140 88.141 88.112 6. CONSENT AGENDA Approve Minutes - 8/23/88 Budget Review Special Meeting, 8/24/88 Re§ular Meeting, 8/31/88 Budget Review Special Meeting Request for Yacht Club - Kraemer/Noble Anniversary Party - A/B - 10/2/88 Ca Award Bid for Christmas Lights - Clark Sales Display, Longwood, Florida - $3,825 Per Year for Three Years D. Approve Lease-Purchase of Ten Golf Carts Resolution No. R-88-59 - Law Enforcement Trust Fund F. Resolution No. R-88-57 - Ambulance Squad Lease Mayor Votapka read each consent agenda item for the benefit of the listening public. Councilman Roth removed Item D - "88.140 Approve Lease-Purchase of Ten Golf Carts" for further discussion. MOTION by Vallone/Metcalf I move we approve Consent Agenda items A) Approve Minutes - 8/23/88 Budget Review Special Meeting, 8/24/88 Regular Meeting, 8/31/88 Budget Review Special Meeting, B) Request for Yacht Club - Kraemer/Noble Anniversary Party - A/B - 10/2/88, 88.143 C) Award Bid for Christmas Lights - Clark Sales Display, Longwood, Florida - $3,825 Per Year for Three Years, 88.140, 88.141 E) Resolution No. R- 88-59 - Law Enforcement Trust Fund, 88.112 F) Resolution No. R-88-57 - Ambulance Squad Lease. VOICE VOTE on the motion carried 5-0. Councilman Roth asked if options other than Club Car had been received. The City Manager replied that Islander had given a written statement for eight new golf carts which were not Club Cars. MOTION by Metcalf/McCarthy I move we approve Item D) 88.140 - Lease-Purchase of Ten Golf Carts. Approve VOICE VOTE on the motion carried 5-0. 2 88.107 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS Proclamation - Business & Industry Appreciation Week - September 19 - 23, 1988 Mayor Votapka read a proclamation in its entirety, proclaiming September 19 through 23, 1988 as Business and Industry Appreciation Week and presented it to Ken Vickers, Chamber of Commerce. Vice Mayor Vallone said he had received the architect packet for the proposed County Courthouse and after review would turn it over to the City Clerk. PUBLIC HEARINGS A. ORDINANCE NO. 0-88-21 lST PUBLIC HEARING (2ND PUBLIC HEARING SCHEDULED FOR 9/28/88) 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 RM-8, RM-12, PUD-R, PUD-C, AND PS 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. (3RD DRAFT 1ST READING 8/24/88, ADVERTISED 9/2/88, CORRECTED AD 9/7/88, 1ST PUBLIC HEARING 9/14/88, TO BE ADVERTISED 9/21/88, 2ND PUBLIC HEARING SCHEDULED FOR 9/28/88) Attorney Nash read Ordinance No. 0-88-21 by title only. Mayor Votapka opened the public hearing at 7:15 p.m. and said that it was not necessary to have an opening statement since the Building Official was not in attendance and this ordinance had been redrafted to the satisfaction of Council. There was no public input. Mayor Votapka closed the public hearing at 7:16 p.m. 3 88.103 MOTION by Vallone/Metcalf I move we accept Ordinance No. O-88-21 on second reading and set it for second public hearing on September 28, 1988. Councilman Roth questioned whether the Knights of Columbus request for information on whether they would be in default in their recently rezoned public service property for use as a club had ever been verified. The City Attorney reviewed the letter from Attorney Van de Voorde dated May 12, 1988 regarding the question of prohibition of the K of C use in PS zoning by the adoption of this ordinance and commented that under the proposed ordinance this could be a conditional use. He advised that Attorney Van de Voorde be contacted by the Building Official and the City Manager before the second public hearing on September 28, 1988. Mayor Votapka concurred. ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye MOTION CARRIED. B. 1988/89 FISCAL YEAR BUDGET 1ST PUBLIC HEARING (2ND PUBLIC HEARING SCHEDULED FOR 9/21/88) 1. RESOLUTION NO. R-88-60 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE LEVY OF AD VALOREM TAXES FOR THE CALENDAR YEAR 1988 2. RESOLUTION NO. R-88-61 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING THE NEW ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988, AND ENDING SEPTEMBER 30, 1989; APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1989; SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO AMEND THE SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS OF 4 SEPTEMBER 30, 1988; AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY. The City Manager read Resolution No. R-88-60 and Resolution No. R-88-61 by title only. Mayor Votapka opened the public hearing at 7:25 p.m. The City Manager opened by saying that the revised budget is available in the City Clerk's office and the Sebastian Library; the proposed millage has been decreased from the original proposed rate by a half mill to 6.644, and that his September 9, 1988 memo reflects actions of Council during budget review workshops. Robert McCollum said he had not been able to see a copy of the revised budget and suggested that Council create better public input before a vote on a matter. Mayor Votapka noted that there was a second public hearing on September 21, 1988 and suggested that Mr. McCollum obtain a copy of the budget before that time. Theresa Hardy, said, in her opinion, that this proposed budget if passed, proves mismanagement and waste of taxpayers money. Mayor Votapka advised her that she may enter the letter she had read into the record for distribution. She did not do so. Peter Socci recommended that tax dollars not be spent for department head salary increases while his salary is down the drain. Mayor Votapka requested that the audience not applause during the public hearing. Vice Mayor Vallone and Councilman Roth said they had no objection to applause. Mayor Votapka closed the public hearing at 7:32 p.m. MOTION by McCarthy/Metcalf i move we accept Resolution No. R-88-60 at first reading and first public hearing and set the second public hearing for September 21, 1988. 5 ROLL CALL: Councilman Metcalf - aye Councilman Roth - aye Mayor Votapka - aye Vice Mayor Vallone - nay Councilman Metcalf - aye MOTION CARRIED. MOTION by Roth/Metcalf I move we accept Resolution No. R-88-61 at first reading and first public hearing and set the second public hearing for September 21, 1988. Councilman McCarthy cited the line "authorizing the transfer of funds herein appropriated so long as the total combined appropriations shall not be increased thereby" in the title and page three of the resolution under Section 7, and questioned whether line item transfers above $200 within one specific budget can be approved by the Finance Director and City Manager without Council approval. He said if this stipulation remained he would have to vote against this resolution. The City Manager responded that he recommends that line item transfers either be outlawed or have a limit placed on them to be approved in this way. Mayor Votapka suggested that this is something that could be looked into in the next budget year. Following a brief discussion of line item transfer approval the following vote was taken. ROLL CALL: Councilman McCarthy - nay Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - nay Mayor Votapka - aye MOTION CARRIED. Mayor Votapka asked that Public Input be heard before item 88.119 Policy on City Board Appointments. 10. PUBLIC INPUT Robert McCollum recommended public input by line item on every subject on every agenda except at workshops. He also requested that the city go on record as objecting to the entrance fee at Sebastian Inlet or banning the taxing district and letting the state take over. 6 Councilman McCarthy responded that public input is much better now than it was five or six years ago. Jim Gallagher requested that item 88.145 "Appeal to City Council to Review Planning & Zoning Commission Action on Site Plan for Fischer-Vicker Industrial S/D" be removed from this agenda since this was a preliminary plat recommendation by Planning and Zoning under Section 20A- 16.4 for which an appeal is inappropriate and the appeal was based on Section 20A-10.4 of the Land Development Code regarding site plans. Attorney Nash concurred with Mr. Gallagher and further explained that Council, not Planning and Zoning, makes final decisions on preliminary plats and so an appeal at this time is inappropriate. Mr. Gallagher went on to say that the subject applicant strongly objects to the agenda item or any discussion of the appeal at this time. Attorney Nash said the appropriate time to discuss this matter is when recommendation is received from Planning and Zoning. When questioned as to his intent by Vice Mayor Vallone, Councilman Metcalf said he would request to read a statement at the time of that agenda item. Mayor Votapka said it would require Council consensus to remove this agenda item on the advice of the City Attorney. Councilman Roth said the mayor could remove the item under Roberts Rules of Order on the advice of the City Attorney. MOTION by McCarthy/Roth I move that item 88.145 on the advice of the City Attorney be removed from the agenda this evening since it is not a proper item for this agenda. Attorney Nash clarified his previous statement as follows: Under the current code of ordinances involving the Land Development Code Section 20A-16.4 this Council does not hear appeals based on subdivision preliminary plat approval process and that all that Council would receive from Planning and Zoning is a recommendation and Council would actually make a decision on that matter. He suggested to Councilman Metcalf that if he had concerns on the preliminary plat he wait until that item comes to the Council for approval. 7 88.119 Councilman Metcalf said he was not appealing. Mayor Votapka said Councilman Metcalf's memo clearly states that it is an appeal and recommended that this matter be deferred until it is brought to Council in the proper manner with backup from Planning and Zoning. The City Manager said he shared the opinion of the City Attorney but that his feeling was that any member of Council may add any item under Council matters. He suggested that the item be left on the agenda for discussion and if it is Council's intent not to accept this as an appeal that it be stated in the motion. Councilman Metcalf again requested to make a statement on concern for procedure that does not include the word appeal. Attorney Nash said that to discuss procedures contained in any ordinances is proper under Council matters. Councilman McCarthy withdrew his motion, but Councilman Roth did not withdraw his second. Mayor Votapka said there will be a vote on the actual agenda item and if Councilman Metcalf wishes to discuss procedure without any reference to any specific pro3ect he may do so. ROLL CALL: Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye MOTION CARRIED. Mayor Votapka called recess at 8:20 p.m. and reconvened the meeting at 8:30 p.m. Ail members present at recess were present at recall. THE FOLLOWING ITEM WAS NOT ADDRESSED AT THE 9/7/88 WORKSHOP A. Policy o__qn City Board Appointments Mayor Votapka said it was his recommendation that proposed items in his memo to Council dated August 3, 1988, be incorporated with Resolution No. R-80-28 and that discussion take place on grounds for removal from boards. 88.144 Councilman McCarthy recommended that the stipulation that board members live within the city limits of Sebastian be added. Mayor Votapka said valuable input could be derived from people living outside city limits but possibly their numbers could be limited. Councilman Roth concurred with Councilman McCarthy. Councilman Metcalf concurred with Mayor Votapka. Mayor Votapka said he would draft a proposed resolution, discuss it with the City Attorney and City Manager and bring it back for workshop. 11. MAYOR'S MATTERS Mayor Votapka requested Council consensus to his suggestion to send a letter objecting to the U.S. 1 Corridor Feasibility Study prepared by the state showing 66th Avenue and 82nd Avenue as major arterial routes. Councilman Roth said the city under home rule can set speed limits to deter truck traffic. Attorney Nash stated that FS 316.006 and 316.008 provide that the city can regulate certain types of traffic. Mayor Votapka said he would prepare the letter and bring it back to the October workshop for Council review. Mayor Votapka said he would turn over all future DER permits involving dredge and fill activities for a dock to the City Manager for discussion with the Building Official and Public Works Director to be brought back to *the Council for action if necessary. 12. COUNCIL MATTERS A. VICE MAYOR VALLONE Proposal from Solin & Associates for Consulting Vice Mayor Vallone recommended that the City Planner position be eliminated at this time, retain the services of Solin and Associates and instruct the City Manager to look into creating an enterprise fund for planning and inspections assistance from Indian River County as presented at the August 31, 1988 joint meeting, Mayor Votapka said retaining Mr. Solin would not be cost effective due to his relocation in Altamonte Springs and further stated that the City of Sebastian needs a local planner who will be responsive to its needs on a day to day basis so that the city may retain control of city planning. *amended at the September 28, 1988, Regular meeting. 9 The City Manager said he had visited with Mr. Solin who said he endorsed the city's efforts to put a planner on staff but in the event that the position is not funded he would like to continue the city's planning under contract. Vice Mayor Vallone said he wanted the City Manager's statement in the record since it was contrary to what he himself had been told by Mr. Solin. Councilman Roth said that if the city keeps giving up its responsibilities to the county it might as well secede to the county. Vice Mayor Vallone requested that a packet of information received by all Council members from Theresa Hardy be addressed at the October workshop. B. COUNCILMAN ROTH None. C. COUNCILMAN MCCARTHY None. D. COUNCILMAN METCALF Councilman Metcalf read the following statement; "I have been assigned by this Council to represent the City of Sebastian and the IRC Economic Development Council, the IRC Transportation Committee, and the Sebastian River Watershed Committee. Additionally, I have been very active in working with the Florida League of Cities, the ICMA, Indian River County and other governmental agencies. I've also regularly attended meetings of the Sebastian Planning and Zoning Commission and the Airport Advisory Board. I have the time, the energy, willingness and ability to perform these functions and to expedite the necessary flow of information between intergovernmental agencies. It came as a surprise to me that I was not allowed to point out to the Planning and Zoning Commission that under Florida Statutes Chapter 381 septic tanks are not allowed in industrial parks. The practice of our Planning and Zoning Commission in recommending site plan approval with numerous contingencies should be stopped in all fairness to the city and to the developer. Some site plan approvals go quicker than others as our former City Attorney pointed out. The burden of proof is up to the applicant. The applicant has been told they have to dot every i and cross every t. With the ever increasing permitting agencies involved in the 10 88.146 development of any type this Councilman believes that all contingencies involved in permitting action should be completed prior to site plan approval by the Council. Once any contingencies required by Planning and Zoning have been satisfied, at that point in time, P & Z should review the site plan and then forward their recommendations to the City Council for approval. This would be a benefit to both the city and the developer". Mayor Votapka noted that Mike Galanis, Environmental *Health Director, as stated in his letter of August 23, 1988 would like to be included in site plan subdivision review. Mayor Votapka recommended that plans such as these be sent to Mr. Galanis with a time limit for his input before approvals are given and not place Planning and Zoning in the position of approving with contingencies. Councilman McCarthy said approval without contingencies would put city building at a halt. The City Manager said he would like to see the implementation of a Technical Review Committee. Mayor Votapka instructed the City Manager to contact Mr. Galanis to discuss future procedures regarding this matter. 2. Fire Safety Standards Requirements Councilman Metcalf said Chief Allen, South County, and Doug Wright, North County, were working with the city and that he would follow through with Mr. Wright to *see that the city is in compliance with FS 66~ 553. Councilman Metcalf said he had attended the IRC Transportation Committee meeting and had been presented with a comprehensive bikepath end sidewalk plan for Indian River County. He said he would recommend to Jim Davis that pervious pavement is used. *amended at the September 28, 1988, Regular meeting. 11 88.117 88.084 13. CITY ATTORNEY MATTERS A. ORDINANCE NO. 0-88-25 - (Flood Damage Protection) iST READING, SET PUBLIC HEARING 9/28/88 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING THE EXISTING ARTICLE X OF CHAPTER 7, FLOOD DAMAGE PREVENTION, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, AND ENACTING A NEW ARTICLE X OF CHAPTER 7, FLOOD DAMAGE PREVENTION TO BE SUBSTITUTED IN ITS PLACE; ESTABLISHING RULES, REGULATIONS, AND GUIDELINES OVER CONSTRUCTION OR RECONSTRUCTION, REPAIRS, ALTERATIONS, AND IMPROVEMENTS TO STRUCTURES AND LAND FOR PURPOSES OF PROTECTION AGAINST FLOODING; PROVIDING DEFINITIONS, PROVIDING FOR ISSUANCE OF FLOOD PLAN PROCEDURES, FOR APPOINTMENT OF A FLOOD PLAN ADMINISTRATOR, FOR VARIANCE PROCEDURE, PROVIDING SPECIFIC CONSTRUCTION STANDARDS; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-25 for the first time by title only. MOTION by Vallone/McCarthy I move we accept the first reading of Ordinance No. 0- 88-25 and set it for public hearing on September 28, 1988. ROLL CALL: Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye MOTION CARRIED. 14. CITY MANAGER MATTERS ORDINANCE NO. 0-88-23 - Continuation of Discussion/Action on (Terminating Conceptual Plan Ordinance 202-Y and Repeal of R-84-43 Development Order for St. Sebastian PUD) from June 8, 1988 (lst Reading 5/11/88, Advertised 5/11/88, Public Hearing 6/8/88, No Final Action - Carried Forward to 9/14/88) 12 88.147 Upon the request of the City Manager the following motion was made. MOTION by McCarthy/Vallone I move we defer for sixty days any action on Ordinance No. 0-88-23. Councilman Roth questioned if the city was doing any justice to the public safety by straightening Main Street. ROLL CALL: Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye MOTION CARRIED. Upon request of the City Manager, the following motion was made. MOTION by Metcalf/McCarthy I move we authorize the City Manager to waive the bidding procedure pursuant to Section 2-64(3) Code of Ordinances, for the emergency purchase of five culvert pipes in the amount of $3097.93 based on the Indian River County bid from Gator Culvert Company, West Palm Beach. The City Manager said the funds would ccme frc~ the County Option Gas Tax. ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Vice Mayor Vallone - aye Councilman Roth - aye Mayor Votapka - aye MOTION CARRIED. 15. CKMMITTEE REPORTS/RElATIONS A. PARKS AND RECREATION CEMMITTEE R~d Public Handicap Toilet Facility at Yacht Club After a brief discussion and request fron Nathan McCollum, Parks and Recreation Chairman, for two handicap equipped portalets at $112 each per month for the Yacht Club, Mayor Votapka, with the consensus of Council, requested further background information for the October workshop. 13 16. Mayor Vo%apka adjourned the meeting at 9:55 P.M. Adopted as amended at fJ~e September 28, 1988, R~cjular Meeting. Richard B. Votapka, Mayor Kathr~/M. O' Halloran City CUerk 14