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HomeMy WebLinkAbout10131993 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 13, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. Mayor Powell called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. There was no invocation since Reverend Barber did not attend. 4. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Utilities Director, Richard Votapka Finance Director, Marilyn Swichkow Personnel Director, Wendy Widmann Deputy City Clerk, Sally Maio Regular City Council Meeting October 13, 1993 Page Two 93.283 AGENDA MODIFICATIONS ~ADDITIONS /~ND/OR DELETIONS[ - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-95-19). Mayor Powell requested that the consent agenda be moved up prior to the public hearings. MOTION by Oberbeck/Corum I would move that we move the consent agenda item 8 up to Agenda Modifications, make it item 5A. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 5.A. CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 9/22/93 Regular Meeting, 9/29/93 Special Meeting, 10/6/93 Special Meeting, 10/6/93 Workshop RESOLUTION NO, R-93-49 - Crime Scene/Evidence Technician Job Description (Acting Police Chief Transmittal dated 10/4/93, R-93-49 w/ Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF CRIME SCENE TECHNICIAN/EVIDENCE TECHNICIAN; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting October 13, 1993 Page Three 93.303 C. 93.304 93.305 93.306 93.307 93.308 RESOLUTION NO. R-93-52 - Interpreter Services in Accordance with ADA (Personnel Director Transmittal dated 10/7/93, R-93-52, Contract) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY; AN AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE DEAF SERVICE CENTER OF THE TREASURE COAST, INC. ("DSC") TO PROVIDE INTERPRETER SERVICES ON AN AS NEEDED BASIS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-93-53 - Trihalomethane Control for All Potable Water Drinking Systems Serving General Public (Utilities Director Transmittal dated 10/5/93, R-93-53) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WHICH PROMOTES AND ENCOURAGES THE FLORIDA STATE LEGISLATURE IN PASSING A NEW LAW REQUIRING TRIHALOMETHANE (THM) CONTROL FOR ALL POTABLE DRINKING WATER SYSTEMS SERVING THE GENERAL PUBLIC WHEREIN THE THM'S EXCEED THE ESTABLISHED ENVIRONMENTAL PROTECTION AGENCY MAXIMUM CONTAMINANT LEVEL (MCL); PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Ea Waiver of Bidding Procedure - city Clerk - NCR Computer System Hardware and Software - $ 9,163.00 (City Clerk Transmittal dated 10/6/93) Waiver of Bidding Procedure - Finance Department - Two Laptop Computers - Color Notebook by Texas Instruments - $9,953.86 (Finance Director Transmittal dated 10/6/93) Waldo & Martha Allen - Specimen Tree Removal Request - One Oak - Lot 10, Block 302, Unit 10 SH (Director of Community Development Transmittal dated 10/7/93, Application, Map) Judy Marsiglia - Request Use of Community Center - Wedding Reception - 11/27/93 - 12 pm and 5 pm - A/B - Security Paid - DOB 11/16/67 (City Clerk Transmittal dated 9/22/93, Application) Regular City Council Meeting October 13, 1993 Page Four 93.309 I. Gloria MacGraw - Request Use of Community Center - 50th Anniversary - 11/6/93 - Five Hours - A/B - Security Paid - DOB 1/3/34 (City Clerk Transmittal dated 9/29/93, Application) 93.310 J. Christ the King Lutheran Church - Request Community Center - Fall Festival - 10/23/93 - Waive Rental Fee - Security Paid (city Clerk Transmittal dated 9/27/93, Application, Sherratt Letter dated 9/27/93) The City Clerk/Acting city Manager read the consent agenda in its entirety, including titles for Resolution Nos. R-93-49, R-93-52 and R-93-53. Mrs. Corum removed items F and J, Mrs. Damp removed items D and F. MOTION by Oberbeck/Freeland I would move that we approve items A, B, C, E, G, H, and I of the consent agenda. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 93.304 Item D - RESOLUTIO~ NO~ R-93-53 ~ Trihalomethane Control for Ail Potable Water Drinking Systems Serving General Public Mrs. Damp suggested that the first whereas clause be changed due to the city's purchase of the GDU facility. The Utilities Director responded this is a request for general law and that the purchase is not yet complete. MOTION by Damp/Corum I make a motion that we approve the Resolution of the R-93-53 as written. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 4 Regular City Council Meeting October 13, 1993 Page Five 93.306 93.310 93.302 Item F - Waiver of Bidding Procedure - Finance Department - Two Laptop Computers ~ C~lor NotebQok Texas Instruments Mrs. Corum inquired about the justification for bid waiver and the City Attorney responded that City Council had the ability to waive for good cause. The Finance Director explained the purchase. MOTION by corum/Oberbeck I move the approval of item F of the consent agenda. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 item J - Christ the Kinq Lutheran Church ~ Request Community Center - Fall Festival Mrs. Corum noted that the church had paid full fee in error, suggested that non-profit groups pay half fee in the future, and based on that made the following motion. MOTION by Corum/Damp I move the approval of item J of the consent agenda for no cost. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation - VFW Buddy Poppy Da_~ Mayor Powell read and presented the proclamation to Art Shilling and Dorothy Pallow of the VFW. 5 Regular City Council Meeting October 13, 1993 Page Six 93.262 7. PUBLIC HEARING, FIN~%L ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. Fey/Gilliams Special Use Permit ~ Mulching m Continuation of 9/22/93 Hearing (Community Development Transmittal dated 10/6/93. Pelan Letter dated 9/27/9~J Coo~er Letter dated 10/1/93, Pelan Letter dated 10/6/93. Barket~ Letter dated 10/6/93, Dietz Fax dated 10/5/93, Al! 9322~93 Backup) Mayor Powell inquired whether this public hearing must be continued as a court procedure, and the City Attorney responded that, in his opinion, in accordance with a Florida Supreme Court decision in the Snyder vs. Brevard County Board of County Commissioners case, the City Council had no choice but to conduct this as a court proceeding. Mayor Powell opened the public hearing at 7:15 p.m. The city Attorney stated that the applicant, staff and people who had signed up previously may want to offer additional testimony during this hearing. The Director of Community Development, upon being sworn in, noted that additional information and a revised site plan were provided by the applicant, discussed fire department concerns and requested that any approval be subject to fire department approval, indicated concern relative to noise levels and projectiles from some types of machinery, and noted a that he had not received confirmation from Indian River County regarding traffic impact. 6 Regular City Council Meeting October 13, 1993 Page Seven Discussion took place, subsequent to questions to the Director of Community Development posed by the City Attorney and Attorney Barkett, relative to the existence of an improvement on the subject property, compliance with the Indian River County solid waste ordinance based on that improvement and whether subdivision procedures are appropriate in this case. The City Attorney suggested that perhaps certain issues and conditionas need to be addressed by the applicant and staff before the City Council can make a legislative decision on this matter. The Director of Community Development continued his presentation regarding the requirements of the Land Development Code relative to subdivision. TAPE I - SIDE II (7:47 p.m.) Mr. Oberbeck inquired about a letter from Eugene Freeman, an abutting property owner, and the Director of Community Development responded and noted that the notification requirement is directory, and not mandatory, in accordance with Section 20A-2.6 of the Land Development Code. The city Attorney called on those who had previously signed up to ascertain whether anyone had questions for the Director of Community Development. Greg Golien, 711 wimbrow Drive, Sebastian; and Frances Dye, Arbor Street, made inquiries to the Director of Community Development. Ail others signed up to speak from the September 22, 1993 meeting either declined or were absent. Attorney Barkett introduced Paul Parton, President of Atlantic Equipment and Systems, 251 SW 145th Street, Ocala, Florida, and upon being sworn in, Mr. Parton presented testimony from Caterpillar relative to equipment decibel levels and safety measures and Attorney Barkett submitted a specification brochure and videotape to staff and city Council. city Council declined to view the videotape. The City Attorney inquired what type of machinery the applicant intends to use. Mr. Parton said the applicant is considering the Caterpillar Diamond Z Wood PWG 1260, model 3412. Regular City Council Meeting October 13, 1993 Page Eight Mr. Oberbeck said he had visited the site and inquired whether this jeopardized his vote on the matter. Attorney Barkett said he had no objection to the visit and the City Attorney inquired if anyone on the sign-up sheet present had any objection and there was no response. The Director of Community Development suggested that waiver of objection to site visits be placed on application forms and the City Attorney concurred. Mayor Powell inquired whether anyone on the sign-up list had any further testimony to submit. Sal Neglia, 461 Georgia Boulevard, Sebastian, on behalf of the Sebastian Highlands Property Owners; and Arthur Firtion, 750 South Fischer circle; upon being sworn in, offered testimony to City Council. Mayor Powell called recess at 8:20 p.m. and reconvened the meeting at 8:35 p.m. Ail members were present. Attorney Bruce Barkett, representing applicant Richard Fey, sole owner of the property, presented his client's request for a five year special use permit under Section 20A-2.6 of the Land Development Code to operate a a mulching and recycling facility, maintaining that it has been shown that his client can comply with recommended conditions, and urged approval unless it can be proven that there is substantial evidence that the facility would be a detriment to the public health, safety and welfare. The Director of Community Development advised that there are exemptions listed on noise specifications submitted by Attorney Barkett, and advised that City Council must find that the use "will not be detrimental to the public safety, health, welfare or be injurious to other properties or improvements within the immediate vicinities to which this property is located and the use requested is consistent with the purpose and intent of the respective district and can be demonstrated to be similar in nature and compatible with the uses allowed in such district". 8 Regular city Council Meeting October 13, 1993 Page Nine TAPE II - SIDE I (8:50 p.m.) The City Attorney expressed concern for items shown on the site plan and whether they would be deemed to be improvements under the Indian River County ordinance, and suggested that people signed up to speak be allowed to make closing statements. Attorney Rene Van de Voorde, representing Janee Morchesky, abutting property owner, inquired whether city Council received Mrs. Morchesky's letter dated September 23, 1993 and Mr. Barkett objected to the City Council being in possession of this letter since he had not received a copy. The City Attorney noted that any letters received were public record and available for public review in the City Clerk's office. Mr. Van de Voorde continued. Harry Thomas, 654 Balboa Street, Sebastian, and Keith Miller, 961 Riviera Avenue, Sebastian, upon being sworn in, offered testimony. Mr. Miller spoke on debris from L.I. Tree Service trucks and Attorney Barkett objected and requested that this evidence be stricken from the record. Mayor Powell closed the public hearing at 9:00 p.m. Subsequent to each City Council member's input on the special use permit and consensus as to the proposed facility's adverse impact on the welfare of adjacent property owners, motion was made as follows. MOTION by oberbeck/Corum I would move to deny the request of Fey/Gilliams special use permit for mulching. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Regular City Council Meeting October 13, 1993 Page Ten 93.246 B. Fischer Special Use Permit ~ Mulching and Burning (Director of ¢o~munity Development Transmittal dated 1017/93. Application, Cooper Letters dated 6/11/93 and 7/30/93, R-92-33, Bound Information Packet Under Separate CoYe~] Mayor Powell called recess at 9:24 p.m. and reconvened the meeting at 9:33 p.m. Ail members were present. Mayor Powell opened the public hearing at 9:33 p.m. Vice Mayor Oberbeck and Mrs. Corum said they had visited the site, and Attorney Warren Dill, representing applicant Henry Fischer, waived any objections relative to visits to the site. The Director of Community Development presented a videotape of the subject site. The City Attorney, said for the record, that the Director of Community Development is under oath, and the Director of Community Development gave a brief presentation explaining that this application is presented to Council for amendment of the site survey and additional five years upon termination of the current special use permit as approved in 1992, subsequent to Mr. Cooper finding that the area had exceeded the site plan as submitted, even though the approving resolution states approximately 25 acres. He noted that any approval would have to be in compliance with fire marshall approval and went on to discuss complaints to various agencies. TAPE II - SIDE II (9:46 p.m.) The Director of Community Development continued his presentation relative to noise level readings on the east side of the Sebastian River. In response to City Attorney inquiries the Director of Community Development said the applicant has never been required to file a performance bond on the special use permit and said, in his opinion, that the applicant was in violation of the current resolution showing a site specific area. 10 Regular city Council Meeting October 13, 1993 Page Eleven Melody Manning, 7925 92nd Avenue, Vero Beach, Vero Lakes Estates, submitted a packet of information and photographs to City Council and Attorney Dill, submitted aerial photographs to City Council. Ms. Manning said she hired someone to take the photographs and Attorney Dill did not object to their submission. Ms. Manning, upon being sworn in, made inquiries to the Director of Community Development. Sal Neglia, 461 Georgia Boulevard, Sebastian, made an inquiry to the Director of Community Development. Attorney Warren Dill, representing Henry Fischer, said the applicant is requesting to amend the current permit to reconfigure the use area and to request an extension to five years subsequent to expiration of the current permit. He said all fire safety code requirements will be met, submitted letters from the Fire Marshall and local builders, and noted that the applicant is investigating moving the facility further to the west and annexing that property into the city. At 10:28 motion was made. MOTION by Oberbeck/Corum I would move to continue this hearing to our meeting of October 27. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 Mayor Powell adjourned the meeting at 10:30 p.m. and the following items, not addressed, will be carried forward to the October 27, 1993. 9. PRESENTATIONS - None 11 Regular city Council Meeting October 13, 1993 Page Twelve 93.311 93.312 93.313 10. 11. 12. 13. MAYOR AND CITY COUNCI~ MATTERS A. Mr. Robert Freelan~ 1. RESOLUTION ~Q~ ~-93-54 - National Flood Insurance Reform Act of 1993 - Recommending Changes (City Clerk Transmittal dated 10/7/93, R-93-54) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, OPPOSING SENATE BILL 1405 REGARDING THE NATIONAL FLOOD INSURANCE REFORM ACT OF 1993 AS iT IS CURRENTLY WORDED, AND RECOMMENDING CERTAIN CHANGES WHICH WOULD MAKE THE PROPOSED LAW ACCEPTABLE; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. B. Mayor Lonnie R, Powell C. Vice-Mayor Frank Oberbeck D. Mrs. Carolyn Corum E. ~rs. Norma Damp CITY ATTORNEY MATTERS CITY MANAGER MATTERS COMMITTEE REPORTS[RECOMMENDATIONS A. Construction Board 1. Reappoint John Laman and Jerald Smith for Additional Three Year Terms to Expire September 30, 1996 (Director of Community Development Transmittal dated 9/17/93, 3 Applications) B. Police Pension Board 1. Confirm Appointment of Fifth Member to Two Year Term to Expire 10/95 (City Clerk Transmittal dated 10/7/93) 12 Approved at the City Clerk , 1993, city Council Meeting. 13 PUBLIC HEARING SIGN-UP SHEET OCTOBER 13, 1993 REGULAR MEETING 93.246 Fischer Special Use Permit - Mulching and Burning Use this fo~m ONLY for public input on the above referenced public h~arin~ item ADDRESS ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: ~AME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 3 93.262 PUBLIC HEARING SIGN-UP SF[EET s993 REGULAR MF~ETING pe ia1 Use P rm~t Mul=hi~g Facility (Director of Community Development Transmittal dated 9/16/93, Pelan Letter dated 9/13/93, Barkett Letter dated 9/13/93, Letters Re: Fey, Map, Tub Grinder Specs, Site Plan Under Separate Cover) Use this form OHLF for public input on the above referenced public hearing item ADDRESS: ADD~ESS: · ADDRESS: ADDRESS: '7~ 6.~ $ ~) 2 ADDRESS: AODRESS: ADDI%~S~: ~DDRE$~: ~%DDRESS: ADDRESS: