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HomeMy WebLinkAbout09281988 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 28, 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. The Deputy Clerk led the Pledge of Allegiance. 3. Invocation was given by Bishop Anthony Varano. 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. 88.140 6. CONSENT AGENDA Approve Minutes - 8/31/88 Special Meeting, 9/7/88 Workshop, 9/14/88 Regular Approve Expense Voucher - Councilman Metcalf - 9/15/88 - 9/17/88 - Symposium Planning - FLC C. Resolution No. R-88-58 - Golf Course Rates Mayor Votapka removed the 8/31/88 Special Meeting minutes and the 9/14/88 Regular Meeting minutes. MOTION by Roth/Metcalf I move we approve Consent Agenda items A. Approve Minutes - 9/7/88 Workshop only, B. Approve Expense Voucher - Councilman Metcalf - 9/15/88 - 9/17/88 - Symposium Planning - FLC, and 88.140 C. Resolution No. R- 88-58 - Golf Course Rates. VOICE VOTE on the motion carried 5-0. Mayor Votapka amended the 8/31/88 Special Meeting minutes as follows: page three, item B, first paragraph, line five, "66th Avenue" should read "Powerline Road" and line six, after "traffic count" add "Schumann Drive Extension (66th Avenue)" Page five, item F, second paragraph, line seven, "engineering design" should read "construction". Mayor Votapka amended the 9/14/88 Regular Meeting minutes as follows: page nine, Mayor's Matters, fourth paragraph add "if necessary" to end of last sentence; page eleven, second paragraph, line two, add "Director" after the word "Health". Councilman Metcalf amended the 9/14/88 Regular Meeting minutes as follows: page eleven, item number two, first paragraph, line four, "663" should read "553". MOTION by Vallone/Metcalf I move we approve the 8/31/88 special meeting and 9/14/88 regular meeting minutes as amended. VOICE VOTE on the motion carried 5-0. 2 88.107 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation L Deborah Heart ~ Lung Month October 1988 Mayor Votapka read a proclamation, proclaiming October 1988 as Deborah Heart & Lung Month and presented to Mrs. Varano. Mayor Votapka announced that the Watershed Committee would meet Thursday, October 6th at 1:00 p.m. 8. PUBLIC HEARING, FINAL ACTION A. ORDINANCE NO. O-88-21 - (Public Service Zoning) 2ND PUBLIC HEARING, FINAL ACTION 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 AS A CONDITIONAL USE 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) The City Manager read Ordinance No. 0-88-21 for the third and final time by title only. Mayor Votapka opened the public hearing at 7:15 p.m. The City Manager said this ordinance was a result of citizen concern and staff opinion that Public Service permitted and conditional uses were inappropriate. Sue Silva, 1166 Persian Lane, thanked the Mayor, Council, City Manager, and Building Official for their time in the establishment of this ordinance and urged Council to approve it. Klm (last name inaudible), recommended approval of this ordinance and showed her support for the hiring of city planner to alleviate future problems such as the PS service zoning uses. 3 88.117 Mayor Votapka closed the public hearing at 7:20 p.m. MOTION by McCarthy/Metcalf I move we adopt Ordinance No. 0-88-21 as read by the City Manager by title only. ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye MOTION CARRIED. B. ORDINANCE NO. 0-88-25 - (Flood Damage Protection) PUBLIC HEARING, FINAL AC?ION 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. (2nd Draft 1st Agenda, 1st Reading 9/14/88, Advertised 9/17/88, Public Hearing 9/28/88) Attorney Nash read Ordinance No. 0-88-25 for the second time by title only. Mayor Votapka opened the public hearing at 7:22 p.m. The Building Official said this was a revision to the current code as required by FEMA. There was no public input. Mayor Votapka closed the public hearing at 7:23 p.m. 4 88.069 88.149 10. MOTION by Metcalf/Roth I move we adopt Ordinance No. 0-88-25 as read by the City Attorney by title only. Mayor Votapka instructed the Building Official to instruct Council when the new flood maps are adopted. ROLL CALL: Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye MOTION CARRIED. 9. PUBLIC INPUT Exchange Club - Updated Site Review Survey Community Playground Upon request of David Fisher, Exchange Club, and fOllowing a brief discussion, the following motion was made. MOTION by Vallone/Roth I move that the Barber Street Sports Complex be designated as the site for the Creative Playground with the actual location within the complex dependent upon the conceptual development plan being finalized. VOICE VOTE on the motion carried 5-0. Mayor Votapka requested periodic updates on the playground from David Fisher. COMMITTEE REPORTS/RECOMMENDATIONS A. Construction Board Recommend Appointment of Chuck Neuberger - Electrical Contractor Position - (Position has been unfilled for one year - this term would be effective 10/88 to 10/91) MOTION by Vallone/roth I move we concur with the recommendation of the Construction Board to appoint Chuck Neuberger to the Electrical Contractor Position on the Construction Board for a three year term effective 10/88 to 10/91. VOICE VOTE on the motion carried 5-0. 5 Vice Mayor Vallone announced that the proposed County Courthouse Space Study was available in the City Clerk's office for checkout by the public. Councilman Metcalf announced that the FDOT Five Year Transportation Plan had been adopted and contained no changes from the previous draft, noted major ongoing projects under the Economic Development Council, and encouraged attendance at next week's Watershed Committee meeting. Mayor Votapka requested after inquiry by Councilman Roth, that Councilman Metcalf, in his capacity as member of the County Transportation Committee, check into sources of funding for CR 512 other than impact fees. Councilman Roth said there are gasoline tax funds received by the county from the state based on population. 11. MAYOR'S MATTERS Mayor Votapka said he had completed a draft of policies for board appointments and instructed the City Clerk to provide copies to City Council members for the October 5, 1988 workshop meeting. Mayor Votapka said he had received a letter from K.C. Cook which stated they could provide the televising of City Council meeting at $250 per hour. He said he was not in favor of wasting the taxpayer's money. 12. COUNCIL MATTERS A. Vice Mayor Vallone Vice Mayor Vallone read a memo from the Building Official to the City Clerk dated July 14, 1988, which stated that city requirements for abandonment of easement are not necessary for units 9, 10, 11, 13, 14, 15, 16, and 17 and he questioned the City Attorney as to whether people who had paid the $25 fee for abandonment for these units would have to be refunded their money. Attorney Nash responded that he would need further information but that he was not sure it was the City's job to make legal determinations for the applicant if they do not need to go through the procedure once they have applied. 6 Vice Mayor Vallone requested research and a legal opinion on the matter from the City Attorney. Councilman McCarthy said the Council as a body should instruct the City Attorney to provide a legal opinion. MOTION by Vallone/McCarthy I move "we direct the City Attorney to look into this and see if in fact to see we're relinquishing something that we should not have done in the past on this particular abandonment of easement". Attorney Nash questioned whether the opinion requested was whether the city is obligated to refund the abandonment of easement fees that have been paid with respect to these particular units. Vice Mayor Vallone concurred. The City Manager suggested that Vice Mayor Vallone talk to the City Attorney for a verbal opinion and if unsatisfied follow formal guidelines for a request for formal research and an opinion from the City Attorney which can be made by the full Council, Mayor or City Manager. The City Manager recommended that if there is to be a legal opinion from the City Attorney that he look into whether the Building Official's opinion regarding these units is correct. Mayor Votapka said it was inappropriate at this time to spend the money for formal research. Vice Mayor Vallone said he would ask the City Manager to look into the matter, obtain a legal opinion if needed and report back to Council. MOTION and SECOND were withdrawn. Vice Mayor Vallone requested an October 5, 1988 agenda item to discuss having the City Clerk, City Manager and City Attorney directly prepare their budgets separately for Council review. Mayor Votapka recommended deferring discussion of this item until a special meeting can be arranged to discuss the initiation of all Charter changes. Vice Mayor Vallone concurred. Vice Mayor Vallone recommended setting up an evaluation, as soon as possible, of the Chief of Police. He requested that the City Manager set up an evaluation procedure for the Chief of Police based on guidelines he may obtain from Chiefs Association, Florida League of Cities, etc., and report back to 7 Council as soon as possible or possibly at the October 5, 1988 workshop. Mayor Votapka said there were several ongoing investigations of the Police Department, particularly the U.S. Justice Department investigation, and perhaps another investigation was not needed. Mayor Votapka said this was a major item of importance to make a request like this and therefore, in his opinion, the full Council should take a vote on whether or not to initiate a full scale investigation. Vice Mayor Vallone said he would put it in the form of a motion but there was no second. Vice Mayor Vallone requested that his request be an October 5, 1988 agenda item and questioned whether or not he may request the City Manager to bring back information and criteria for an evaluation of the Chief of Police and other department heads. The City Manager responded that the agenda closes at noon the next day and that there would be no way he could prepare backup in that time. He said discussion could take place under Council matters at the October workshop. He said, regarding evaluations for other department heads, that either Sebastian is or is not going to have a City Manager, since the City Manager's duties include preparation of the budget and evaluation of Department Heads. He said charter changes are indeed needed and he would recommend that the Police Chief be placed under the City Manager. Vice Mayor Vallone said he still wanted the item on the October 5, 1988 agenda for discussion. He said he took exception with the City Manager's inability to bring to Council criteria for evaluations of department heads and then instructed him to do so. He said he wanted this item on the October workshop and if the City Manager could not provide backup that was his problem. Mayor Votapka said it would take full Council to make policy and not one Councilman. Councilman Metcalf recommended that Council wait on any investigation until the Department of Justice review is in. 8 88.134 Mayor Votapka instructed the City Clerk to pOll Council to see whether Council wants to see evaluation criteria brought before them for discussion on the October 5, 1988, workshop for evaluating the Police Chief and other department heads. Councilman Roth - nay Vice Mayor Vallone - aye Mayor Votapka - nay Councilman McCarthy - nay Councilman Metcalf - nay Council consensus was not to place this on October workshop agenda. B. Councilman Roth None. C. Councilman McCarthy Councilman McCarthy recommended that Council request the Chief of Police to attend Council meetings. Attorney Nash said section 3.03 of the Charter provides that Council can direct the Chief of Police to attend meetings and all other department heads attend meetings at request of the City Manager. Councilman McCarthy said he would request in the near future an agenda item to make the request for the Chief to attend meetings. D. Councilman Metcalf Trip Report - Symposium - FLC - "Comprehensive Planning - The Nuts and Bolts Problems" Councilman Metcalf gave a brief report on his attendance at the Florida League of Cities symposium. Councilman Metcalf gave a letter to the City Clerk from Doug Wright regarding fire inspections to distribute to Council. Mayor Votapka called recess at 8:50 p.m. and reconvened the meeting at 9:00 p.m. Ail members present at recess were present at recall. Mayor Votapka announced the primary election on October 4, 1988. 88.088 88.142 13. CITY ATTORNEY MATTERS A. ORDINANCE NO. O-88-19 - (Nuisance) 1ST READING, SET PUBLIC HEARING 10/12/88 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 16-1, 16-2, 16- 2.1, 16-3, 16-4, AND 16-5, OF CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO PROVIDE FOR ADDITIONAL DEFINITIONS; TO PROVIDE FOR REVISED PROCEDURES AND NOTICE FORMS TO ENFORCE THE ABATEMENT OF NUISANCES ORDINANCE, TO AMEND THE PROCEDURES FOR HEARINGS BEFORE THE CITY COUNCIL OF THE CITY OF SEBASTIAN, TO REVISE THE PROCEDURE FOR THE REMEDY OF THE NUISANCE CONDITION BY THE CITY; TO REVISE THE PROCEDURE FOR IMPOSING A LIEN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (5th Draft 1st Agenda 9/7/88, 1st Reading 9/28/88) Attorney Nash read Ordinance No. 0-88-19 for the first time by title only. The City Manager said there had been feedback from property owners regarding the requirements on maintenance of lots which code currently requires that all previously cleared lots be maintained below ten inches and which in the proposed code only lots previously cleared and within eighty feet of an improved property would have to be maintained. MOTION by Roth/McCarthy I move we defer Ordinance No. 0-88-19 to the November 2, 1988 workshop. VOICE VOTE on the motion carried 5-0. B. ORDINANCE NO. 0-88-28 - (Boat Trailer & RV Parking) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO MOBILE HOMES, TRAVEL TRAILERS, CAMPERS, BOATS, TRAILERS AND RECREATIONAL VEHICLES; REPEALING THE EXISTING SECTION 20A-5.16 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; CREATING A NEW SECTION 20A-5.16 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING DEFINITIONS; PROVIDING RESTRICTIONS ON THE PLACEMENT OF MOBILE HOMES; PROVIDING RESTRICTIONS ON THE PARKING AND STORAGE OF RECREATIONAL VEHICLES; PROVIDING RESTRICTIONS ON THE PLACEMENT OF TEMPORARY TRAILERS; DECLARING COR ZONING DISTRICT AS 10 88.150 88.151 RESIDENTIAL FOR LIMITED PURPOSES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING A SEVERABiLITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Agenda 9/7/88) Ordinance No. 0-88-28 was scheduled for first reading on October 12, 1988. Attorney Nash inquired whether Council wanted him to attend the October 19, 1988, Public Hearing on the Airport Master Plan. Council concurred. 14. CITY MANAGER MATTERS A. Rural Sanitation 1. Letter - Name Chan~e 2. Request Rate Increase The City Manager said he would like to place discussion of this item and presentation by Rural Sanitation officials on the October 5, 1988 workshop agenda. Council concurred. Resolutions Ratifying Collective Bargaining Agreements 1. Resolution No. R-88-62 - PBA (Officers and Sergeants), 2. Resolution No. R-88-63 - PBA (Lieutenants) 3. Resolution No. R-88-64 - CWA MOTION by Roth/McCarthy I move we adopt Resolution No. R-88-62 PBA - (Officers and Sergeants) contract. ROLL CALL: Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye MOTION CARRIED. MOTION by Roth/Metcalf I move we adopt Resolution No. R-88-63 PBA - (Lieutenants) contract. ROLL CALL: Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye MOTION CARRIED. 11 88.152 MOTION by Roth/Metcalf I move we adopt Resolution No. R-88-64 CWA contract. ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye MOTION CARRIED. C. Golf Course Construction Fund After a brief discussion and an assurance by the Golf Course Manager and Superintendent that the state contract on the mower was the lowest price that could be found, the following motion was made. MOTION by Roth/McCarthy I move we concur with the recommendation of the Golf Course Manager and City Manager for expenditures as stated in the memo from the Golf Course Mana§er dated September 22, 1988, in the amount of 817,836.64 from remaining Golf Course Construction Funds, waiver of bidding requirements and acceptance of State contract price for the mower. ROLL CALL: Councilman Metcalf - nay Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye MOTION CARRIED. The City Manager said the microphone problem in the Council chambers would be taken care of by Audio HOuse in the near future. The City Manager said he would request in the near future a special meeting for public hearings on ma3or annexations, rezonings and land use changes. MOTION by Vallone I move we adjourn the meeting. MOTION died for lack of second. Attorney Nash recommended, regarding Section 2.15, subsection (b), of the Charter which speaks to rules of conduct, that Council adopt rules of procedure in conducting its meetings and formulation of agendas. 12 conducting its meetings and formulation of agendas. Vice Mayor Vallone said Roberts Rules of Order was adopted by the city in 1985. The City Manager suggested that he and the City Attorney should review resolutions adopted before the City Attorney's appointment regarding conduct a% public hearings and formulation of agendas. Councilman Roth said Council did adopt a resolution giving the City Manager responsibility of putting together the agenda and a Councilman may ask for something to be put on an agenda. Attorney Nash suggested, if that was the case, the vote taken at this meeting on Vice Mayor Vallone's request to place an item on the October workshop agenda would be invalid. Councilman McCarthy said he had taken exception not to placing an item on the agenda, but to instructing the City Manager to do something without the Council agreeing with it. MOTION by Vallone I move we ad3ourn the meeting. MOTION died for lack of a second. Councilman Metcalf suggested an open, informal meeting to establish the relationship between Council and City Manager. MOTION by Vallone/Roth I move we adjourn the meeting. VOICE VOTE on the motion carried 4-1. (McCarthy - nay) 15. Mayor Votapka adjourned the meeting at 10:00 p.m. ADOPTED AT THE OCTOBER 12, 1988, REGULAR CITY COUNCIL MEETING. RICHARD B. VOTAPKA, MAYOR CiT~H~ 0 ' HALLORAN 13