HomeMy WebLinkAbout10121988City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 12, 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 MALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Mayor Votapka called the meeting to order at 7:00
p.m.
The City Manager led the Pledge of Allegiance.
Invocation was given by Reverend Bruce Havens, United
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
Assistant City Attorney, Paul
Kreuzkamp
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
None.
6. CONSENT AGENDA
Approve Minutes - 9/21/88 Special Meeting,
9/28/88 Regular Meeting, 10/5/88 Workshop
Award Bid - 5000 Pounds Rye Grass Seed - Terra
International, Inc. - $4,450.00
MOTION by Vallone/Roth
I move we approve Consent Agenda items A. Approve
Minutes - 9/21/88 Special Meeting, 9/28/88 Regular
Meeting, 10/5/88 Workshop, and B. Award Bid - 5000
Pounds Rye Grass Seed - Terra International, Inc. -
$4,450.00.
VOICE VOTE on the motion carried 5-0.
7. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Councilman Metcalf announced the need for donations for a
memorial to be placed by the ship Arizona in Pearl Harbor
on December 7, 1988. He requested donations be sent to
the 82nd Airborne, Pearl Harbor Fund, c/o First Union
National Bank of Florida, 1020 U.S. 1, Sebastian.
Councilman Metcalf said that the Transportation Planning
Committee requested that he announce that amendment #4
will appear on the November ballot which proposes that
the state set aside 50 million dollars per year of
existing gas tax revenues for annual debt service for a
500 million dollar bond for right of way acquisition and
bridge construction.
Presentation of Plaque to John Emerick - Employee
of the Quarter - July, August, September 1988
Mayor Votapka presented a plaque to John Emerick,
honoring him as Employee of the Quarter for July,
August and September, 1988.
Proclamation - Lupus Awareness Month L October
1988 - Frances Badame
Mayor Votapka read a proclamation, proclaiming
October 1988 as Lupus Awareness Month. Mrs. Badame
did not attend the meeting so the Mayor instructed
the City Clerk to forward it to her.
Councilman Roth said the recent golf course
tournament for the Lupus Foundation was a success and
congratulated the Golf Course Manager and Pro.
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8. PUBLIC INPUT
Donato DeRobertis, 550 SW Michael, recommended that
garage sales be held no more than three times per year
per household for no more than three days with permission
granted by the City and monetary fines for violations of
the regulations.
Mr. Donato submitted his letter regarding this matter to
the City Clerk for distribution to City Council.
Thomas Wojohowski, 425 Peterson Street, requested that the
City enforce rules on cars parking in swales.
Public input was closed at 7:24 p.m.
THE FOLLOWING ITEMS WERE NOT ADDRESSED AT THE OCTOBER
5, 1988, WORKSHOP AND ARE CARRIED FORWARD FOR
DISCUSSION
A. Councilman McCarthy
Continuation of Discussion of Police
Department Appointments (as requested at the
workshop meeting)
Councilman McCarthy requested a verbal opinion of the
City Attorney regarding section 3.02 of the City
Charter which in its body states that the Police
Chief and Dolice officers are appointed by the Mayor
with Council approval; and 3.03 which in its body
states that the Police Chief attends Council meetings
at request of the City Council.
Assistant City Attorney Kreuzkamp said that in his
capacity as Police Chief in two municipalities he was
in one directed to attend and the other encouraged to
attend and in his opinion, found it beneficial to
attend these meetings.
After some discussion regarding making motions at
workshops to which the Assistant City Attorney
responded that motions to direct staff or the City
Attorney may be made, Councilman McCarthy requested
that direction to the Police Chief to attend City
Council meetings per section 3.03 of the Charter,
until such time as Charter revisions are adopted, be
at the beginning of the October 26, 1988 agenda.
Councilman McCarthy also requested to see all
applications for Police Department positions as per
section 3.02 of the Charter.
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8. PUBLIC INPUT
Donato DeRobertis, 550 SW Michael, recommended that
garage sales be held no more than three times per year
per household for no more than three days with permission
granted by the City and monetary fines for violations of
the regulations.
Mr. Donato submitted his letter regarding this matter to
the City Clerk for distribution to City Council.
Thomas Wojohowski, 425 Peterson Street, requested that the
City enforce rules on cars parking in swales.
Public input was closed at 7:24 p.m.
THE FOLLOWING iTEMS WERE NOT ADDRESSED AT THE OCTOBER
5, 1988, WORKSHOP AND ARE CARRIED FORWARD FOR
DISCUSSION
A. Councilman McCarthy
Continuation of Discussion of Police
Department Appointments (as requested at the
workshop meeting)
Councilman McCarthy requested a verbal opinion of the
City Attorney regarding section 3.02 of the City
Charter which in its body states that the Police
Chief and police officers are appointed by the Mayor
with Council approval; and 3.03 which in its body
states that the Police Chief attends Council meetings
at request of the City Council.
Assistant City Attorney Kreuzkamp said that in his
capacity as Police Chief in two municipalities he was
in one directed to attend and the other encouraged to
attend and in his opinion, found it beneficial to
attend these meetings.
After some discussion regarding making motions at
workshops to which the Assistant City Attorney
responded that motions to direct staff or the City
Attorney may be made, Councilman McCarthy requested
that direction to the Police Chief to attend City
Council meetings per section 3.03 of the Charter,
until such time as Charter revisions are adopted, be
at the beginning of the October 26, 1988 agenda.
Councilman McCarthy also requested to see all
applications for Police Department positions as per
section 3.02 of the Charter.
B. Councilman Metcalf
88.155
1. Request for ~ Opinion re: Airport Moratorium
Councilman Metcalf requested that Council request a
legal opinion from the City Attorney on the follow±nG
questions as stated in his memo to Council: 1) Can we
continue to impose the moratorium at the airport
considerinG the fact that no evidence of health or
safety factors were involved in the imposition of the
moratorium; the moratorium was imposed by a meetinG
of the GoverninG body conducted under questionable
parliamentary procedures; no city ordinance was
published; and 2) What action can we take to place
this industrial acreage back on the tax rolls.
Councilman Metcalf began to make this request in the
form of a motion and Mayor Votapka suggested that a
poll of Council be taken for the opinion and
placement on the November 2, 1988 workshop agenda.
The Assistant City Attorney again stated that, in his
opinion, motions on direction to staff and the city
attorney can be made at workshops.
MOTION by Metcalf/Vallone
I move we direct the City Attorney to give a
legal opinion on Councilman Metcalf's question
regardinG the legitimacy of the airport moratorium as
stated in his memo to Council.
Assistant City Attorney Kreuzkamp questioned if the
Council wanted him to spend time researching
somethinG it could negate as easily as it was
imposed and did they intend to lift the moratorium in
the near future.
The consensus of the rest of Council was to wait
on this request for an opinion until the airport
master plan is approved which was the original
intention of the imposition of the moratorium.
Councilman Metcalf asked that the opinion be
addressed on the October 26, 1988 agenda.
In response to a question by Councilman McCarthy
which had been asked by Councilman Roth at a
previous meetinG regarding what advalorem taxes the
city receives and would receive from airport industries,
Assistant City Attorney Kreuzkamp said the only
advalorem taxes the city could possibly charge is the
* value of the ~ease he~ leasehold but not the
buildings since they sit on city land.
*as amended at the 10/26/88 Regular Council Meeting
4
88.156
The City Manager said he would have an answer on
current advalorem taxes received from airport
industries at the next meeting.
Councilman Metcalf and Vice Mayor Vallone withdrew
the motion.
MOTION by Metcalf
I move we withdraw the existing moratorium at the
airport.
Mayor Votapka reminded Councilman Metcalf that no
final action is taken on workshop items.
MOTION died for lack of a second.
Councilman Metcalf again requested that action on the
moratorium be an October 26, 1988 agenda item.
Charter Revision Needs - Discussion (No
Backup )
After some discussion on revisions that need to be
made to the Charter and length of time needed to
review and make these changes, Councilman McCarthy
suggested that the City Manager and staff make
recommendations to Council on needed revisions.
Mayor Votapka instructed the City Clerk to contact
the Supervisor of Elections and find out what is the
latest that referendum questions must be prepared for
March and how many referendum questions are allowed
on the ballot.
The City Manager recommended that since staff has
identified three or four areas in the Charter that
need revision, these areas be addressed on the March
ballot and the remainder of the Charter be reviewed
and addressed later on.
The information received from the Supervisor of
Elections by the City Clerk and recommendation on
Charter revisions from the City Manager were placed
on the November 2, 1988 agenda.
88.056 C. City Manager
1. Discussion - ORDINANCE NO. O-88-17 - (2nd Draft)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO OFF-STREET PARKING AND
LOADING REQUIREMENTS, AMENDING THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN; AMENDING PARAGRAPH 13 OF SECTION
20A-8.2 CONCERNING MEDICAL OFFICES; AMENDING PARAGRAPH 15
OF SECTION 20A-8.2; CONCERNING RESTAURANTS AND LOUNGES;
AMENDING PARAGRAPH 17 OF SECTION 20A-8.2, CONCERNING
MANUFACTURING AND WHOLESALE USES; AMENDING PARAGRAPH 19 OF
SECTION 20A-8.2, CONCERNING MARINAS; CREATING A NEW
PARAGRAPH 29 OF SECTION 29 OF SECTION 20A-8.2, CONCERNING
WAREHOUSING USES; AMENDING PARAGRAPH 6 OF SECTION 20A-8.3,
CONCERNING LOCATION OF OFF-STREET PARKING SPACES; AMENDING
SUBSECTION A OF SECTION 20A-8.5, CONCERNING STALLS,
AISLES, AND DRIVEWAYS; AMENDING SUBSECTION B OF
SECTION 20A-8.5, CONCERNING ENTRIES, EXITS, DRIVES
AND VEHICLE MANEUVERING AREAS; 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 FOR AN EFFECTIVE
DATE. (lst Reading 1st Draft 3/23/88, Advertised
6/8/88, Public Hearing 6/8/88, Deferred to City
Attorney, Discussion 2nd Draft 10/5/88)
The Building Official explained the ordinance to
Council.
After some discussion the following changes were
made: 1) Section 7 (A) stall length, curb width and
overall width thai show feet and inches should be
revised to show the figures with a decimal (i.e., 18
ft 2 in. should read 18.2 ft); 2) Section 7 (A)(3)
first sentence add "4 inch pa~e~ wide lines
(painted, brick or other__as approved b_~ the City
Engineer)" after "have"; 3) Section 7 (A)(~)(b) add
"Concrete or comparable" to beginning of first
sentence and add last sentence, "Standard concrete
wheel stops shall be anchored by approved method"
and add a (3)(c) as following "Wheel stops shall be
permanently anchored by rods, p~pe or other
restraining devices a__s approved by the City
Engineer". 4) Section 7 (A)(5) Total Spaces Required
"26-30" should read "26-50"; 5) Section 7 (A)(5)(d)
first sentence add "blue" before "paint"; and 6)
Section 4, add "Each houseboat shall have two (2)
parking spaces".
* as amended at the 10/26/88 Regular Council meeting
6
Discussion took place on joint use parking. The
Building Official was asked to look into this and
present at a later time.
Mayor Votapka instructed the Building Official to
research information on regulation of houseboats and
bring it back to Council in the near future.
The amended draft of Ordinance No. O-88-17 was placed
on the November 2, 1988 workshop agenda.
Request Special Meeting - 11/30/88_- Public
Hearing Annexations, Rezonings & Land Use
Changes
it was decided to move item 88.161 Meeting Schedules
for November and December 1988 to this section of the
agenda.
The result of this discussion on meeting schedules
was as follows:
November 2, 1988 ........ Workshop
November 9, 1988 ........ Regular
November 23, 1988 ....... Regular cancelled
November 30, 1988 ....... Public Hearing (as requested
by City Manager) and Regular
December 7, 1988 ........ Regular
December 14, 1988 ....... Regular
December 28, 1988 ....... cancelled
RESUMPTION OF REGULAR AGENDA
10. COMMITTEE REPORTS/RECOMMENDATIONS
Councilman Metcalf requested that the City Manager get
with Jim Davis, County Public Works Director, regarding
the Sebastian Comprehensive Thoroughfare Plan before any
further proceedings by the County.
Councilman Metcalf said the Sebastian Watershed Committee
has requested that the City request FEMA redo drainage
maps. Mayor Votapka requested that he get with the
Building Official and check FEMA maps.
11. MAYOR'S MATTERS
Mayor Votapka questioned whether the City Attorney has
researched Charter Boat insurance and what was the status
of the solicitation ordinance. Attorney Kreuzkamp
responded that a new solicitation ordinance is being
drafted and that not a lot of research has been done on
Charter boats. Mayor Votapka said he'd like to see the
solicitation ordinance first.
The City Manager suggested that the City Attorney's
comments be solicited in writing regarding Charter boats
before extensive work is done. He said he would discuss
this with the City Attorney.
12. COUNCIL MATTERS
A. Vice Mayor Vallone
None.
B. Councilman Roth
None.
C. Councilman McCarthy
Councilman McCarthy said for the record that during
last year's union caucus for the police lieutenants
that we instructed the people concerned, through the
Mayor and the bargaining team, that the lieutenants,
regarding bonus time, should keep their own copies on
their own worksheets, that are the city's worksheets
and not to keep separate and individual personal
hours. He said he had suggested a time clock at that
time. He said he had given the City Manager a memo,
copied to Council this evening, requesting copies of
all time sheets of the parties involved and a few
other things.
Vice Mayor Vallone concurred and said for the record
that he did not recall instructing them to keep
double sheets.
Councilman Metcalf said his recollection is that he
took the position that supervisory personnel should
not receive overtime pay.
D. Councilman Metcalf
None.
Mayor Votapka called recess at 9:05 p.m. and
reconvened the meeting at 9:15 p.m. Ail members
present at recess were present at recall.
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88.142
13.
CITY ATTORNEY MATTERS
ORDINANCE NO. 0-88-28 - (Boat Trailer & RV
Parking)
1st Reading, Set Public Hearing 11/9/8
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
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 9/28/88, 1st Reading
10/12/88)
Attorney Kreuzkamp read Ordinance No. 0-88-28, for
the first time by title only.
MOTION by Metcalf/Vallone
I move we accept the first reading of Ordinance
No. 0-88-28 and set it for public hearing on November
9, 1988.
ROLL CALL:
Councilman Metcalf - aye
Councilman Roth - aye
Vice Mayor Vallone - aye
Mayor Votapka - aye
Councilman McCarthy - aye
MOTION CARRIED.
Councilman McCarthy requested a new copy of the
ordinance with the November 9, 1988 agenda packet so
that backup would not have to be carried forward.
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14. CITY MANAGER MATTERS
88.157
88.158
RESOLUTION NO. R-88-65 - (City Engineer/Director
of Public Works)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-88-47
WHICH ADOPTED THE JOB DESCRIPTION FOR OFFICE OF CITY
ENGINEER; ADOPTING THE JOB DESCRIPTION OF THE OFFICE
OF CITY ENGINEER/ DIRECTOR OF PUBLIC WORKS; PROVIDING
FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY'S
STANDARD OPERATING PROCEDURES; AND PROVIDING AN
EFFECTIVE DATE.
The City Manager said the job description resolutions
are a result of the 1988/89 budget adoption. He said
this particular resolution needed amendment since a
City Engineer job description had recently been
adopted and this would amend it to City Engineer/
Public Works Director.
The City Manager read Resolution No. R-88-65 by title
only.
MOTION by Roth/Metcalf
I move we adopt Resolution No. R-88-65 City
Engineer/Public Works Director as read by title only.
The 3ob description was amended to add under
Knowledge, Abilities and Skills, last sentence, add
"and Public Works" after the word "engineering".
ROLL CALL:
Councilman Roth - aye
Vice Mayor Vallone - aye
Mayor Votapka - aye
Councilman McCarthy - aye
Councilman Metcalf - aye
MOTION CARRIED.
B. RESOLUTION NO. R-88-66 - (City Planner)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING THE JOB DESCRIPTION OF THE
OFFICE OF CITY PLANNER ; PROVIDING FOR INCLUSION OF
SUCH JOB DESCRIPTION IN THE CITY'S STANDARD OPERATING
PROCEDURES; AND PROVIDING AN EFFECTIVE DATE.
The City Manager read Resolution No. R-88-66 by title
only.
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88.159
After a brief discussion on the phrase "equivalent
combination" regarding training and experience and
request by Vice Mayor Vallone that it be removed, the
following motion was made.
MOTION by Roth/Metcalf
I move we adopt Resolution No. R-88-66 City
Planner as read by title only.
ROLL CALL:
Councilman Roth - aye
Vice Mayor Vallone - nay
Mayor Votapka - aye
Councilman McCarthy - aye
Councilman Metcalf - aye
MOTION CARRIED.
RESOLUTION NO. R-88-67 - (Director of Community
Development)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING THE JOB DESCRIPTION OF THE
OFFICE OF DIRECTOR OF COMMUNITY DEVELOPMENT;
PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN
THE CITY'S STANDARD OPERATING PROCEDURES; AND
PROVIDING AN EFFECTIVE DATE.
The City Manager read Resolution No. R-88-67 by title
only.
Vice Mayor Vallone said that since this was a newly
created job description it should be advertised.
The City Manager said he was unaware that the city
had established such a policy and that is was his
intent to place the current Building Official in this
position. Mayor Votapka concurred that it had been
Council's intent to have the current Building
Official fill this position and that it is only a
title change. As a result the title of the job
description was amended to "Director of Community
Development/Building Official".
MOTION by Roth/Metcalf
I move we adopt Resolution No. R-8-67 Director of
Community Development/Building Official as amended.
ROLL CALL:
Vice Mayor Vallone - nay
Mayor Votapka - aye
Councilman McCarthy - aye
Councilman Metcalf - aye
Councilman Roth - aye
MOTION CARRIED.
11
88.160
88.162
RESOLUTION NO. R-88-68 - (Assistant Public
Works Director)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING THE JOB DESCRIPTION OF THE
OFFICE OF ASSISTANT PUBLIC WORKS DIRECTOR; PROVIDING
FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY'S
STANDARD OPERATING PROCEDURES; AND PROVIDING AN
EFFECTIVE DATE.
The City Manager read Resolution No. R-88-68 by title
only.
Vice Mayor Vallone said he would like to see at least
two years of college required for this position.
MOTION by Roth/McCarthy
I move we adopt Resolution No. R-88-68 Assistant
Public Works Director as read by title only.
ROLL CALL:
Mayor Votapka - aye
Councilman McCarthy - aye
Councilman Metcalf - aye
Councilman Roth - aye
Vice Mayor Vallone - nay
MOTION CARRIED.
F. Recommendation on Riverview Park Well
MOTION by McCarthy/Metcalf
I move we concur with the recommendation of the
City Manager as stated in his memo to Council dated
October 7, 1988, to restore the existing capped well
in Riverview Park for irrigation to working order at
a cost of approximately $880.00 with funds to come
from the $15,000 set aside in Capital Improvement
Funds for park improvement.
When questioned, Acting Public Works Director, Jerry
Thomas, said Perry and Leighty, Inc. could not
guarantee the work.
Vice Mayor Vallone expressed concern for spending
money on a pro3ect that may not work.
ROLL CALL:
Councilman McCarthy - aye
Councilman Metcalf - aye
Councilman Roth - aye
Vice Mayor Vallone - nay
Mayor Votapka - aye
MOTION CARRIED.
12
88. 163
88.164
88.165
Report on Abandonment o__f Easements
The City Manager gave a report, as requested by
Vice Mayor Vallone, on the change in policy for
abandoning easements as recently established by the
Building Official. This report had been submitted as
backup to this agenda item in a memo from the City
Manager to Council dated October 7, 1988.
H. Recommendation on Boone Property Note
MOTION by Metcalf/Vallone
I move we authorize the prepayment of $75,000
which is the balance due on the promissory note for
the Boone property.
ROLL CALL:
Councilman Metalf - aye
Councilman Roth - aye
Vice Mayor Vallone - aye
Mayor Votapka - aye
Councilman McCarthy - aye
MOTION CARRIED.
Report on City Property "ERU's" for Indian River
County Sewer Project
The City Manager presented a report on ERU's for city
properties which total 15 for information purposes
only.
15. ADJOURN
MOTION by Vallone/McCarthy
I move we adjourn the meeting.
VOICE VOTE on the motion carried 5-0.
Mayor Votapka adjourned the meeting at 10:20 p.m.
APPROVED AS AMENDED AT THE OCTOBER 26, 1988, REGULAR CITY COUNCIL
MEETING.
Richard B. Votapka, Mayor
Kathr~ M. O'Halloran, CMC/AAE
City Clerk "
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