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Home My WebLink About10281987L. Gene Herd. Mayor City of Sebastian POST OFFICE BOX 780127 E] SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Kathryn M. O'Halloran City Clerk MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY~ OCTOBER 28, 1987 - 7H00 P.M. ~ITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 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 7:00 P.M. 2. Councilman Vallone led the Pledge of Allegiance. Invocation was given by Reverend Roy Crow, Highlands Chapel Church of God. 4. ROLL CALL Present: Vice Mayor Kenneth Roth Councilman Robert McCarthy Councilman George Metcalf Councilman Peter Vallone Mayor L. Gene Harris Attorney Thomas C. Palmer 5. PROCLAMATIONS AND/OR ANNOUNCEMENTS MOTION by McCarthy/Vallone I move we place on this agenda a discussion of safety of city vehicles under New Business. ROLL CALL: Councilman Metcalf - Aye Councilman Vallone - Aye Vice Mayor Roth - Aye Councilman McCarthy Mayor Harris - Aye MOTION CARRIED. 1 Councilman Metcalf presented a certificate of appreciation to the City Council that he had been presented with by the Equal Opportunities Council. He requested that the City Clerk have it framed and hang it in City Hall. ae Presentation o_~f Plaque_- Harold Eisenbarth - Planning an__~d Zoning Commission Mayor Harris presented a plaque to Harold Eisenbarth for his five years of service on the Planning and Zoning Commission. 6. COMMITTEE REPORTS Councilman McCarthy said a letter had been received from the Treasure Coast Regional Planning Council stating that they had turned down the St. Sebastian PUD commencement extension. 7. PUBLIC INPUT O__N AGENDA ITEMS Attorney Bruce Iden requested to speak on item 87.250 (13) (F) (1) Recommendation - Site Plan Approval - San Sebastian Springs West. Attorney Palmer said he could speak during that item. Dr. Henry Fischer said Councilman Metcalf is actively biased on the matter of San Sebastian Springs West since he has spoken out against approval at DOT and City Planning and Zoning meetings. John Van Antwerp asked Council to carefully consider any plan for moving J & S Aviation since it was not his desire to move. Attorney Palmer said for the record, it was not the intent to arbitrarily move J & S Aviation but to have it in the master plan for possible future needs if the area around J & S becomes non-airport related. 8. CONSENT AGENDA Request from General Development Corporation - Extension of Temporary Trailer Permit - Tract C - Unit 17, Sebastian Highlands Be R-87-72 Abandonment of Easement - Lot 12 & 13, Block 339, Unit 13, Sebastian Highlands - Hall Approve Expense Voucher for Mayor Harris - Florida League of Cities Convention 2 D. Approve Minutes - 10/7/87 Workshop United Way Request to Erect 1987 "Thermometer" Sign on City Property Approve Expense Voucher for Councilman Metcalf - ICMA/NLC Seminar Request from Mid-Florida Schutzhund Club - Use of Bleachers on December 5 and 6, 1987 and February Councilman McCarthy questioned who moves the bleachers for Mid-Florida. Mayor Harris said Public Works moves the bleachers at no charge. MOTION by Vallone/Roth I move we approve Consent Agenda items (A) Request from General Development Corporation - Extension of Temporary Trailer Permit - Tract C - Unit 17, Sebastian Highlands (C) Approve Expense Voucher for Mayor Harris - Florida League of Cities Convention (D) Approve Minutes - 10/7/87 Workshop (E) United Way Request to Erect 1987 "Thermometer" Sign on City Property (F) Approve Expense Voucher for Councilman Metcalf - ICMA/NLC Seminar (G) Request from Mid-Florida Schutzhund Club - Use of Bleachers on December 5 and 6, 1987 and February 20 and 21, 1987. (Item (B) R-87-72 Abandonment of Easement - Lot 12 & 13, Block 339, Unit 13, Sebastian Highlands - Hall had been removed previously because of clerical error in the legal in letters to the utilities. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. 9. OLD BUSINESS: A. Million Dollar Line of Credit MOTION by McCarthy/Roth > I move we accept the million dollar line of credit. Vice Mayor Roth said if it was not the intent of Council to make headway on streets and drainage he would be the first to deny the line of credit, but that the City badly needed this work done and this is 87.226 87.227 87.228 an inexpensive way to get funding. Councilman Vallone encouraged the Council to vote down the motion since the majority of the citizens of Sebastian voted against it. when questioned by Councilman McCarthy, the Finance Director said the line of credit had a 7% variable rate. Councilman Vallone said he opposed any borrowing until objectives for the funds are defined. Mayor Harris concurred with Vice Mayor Roth ROLL CALL: Councilman Vallone - Nay Vice Mayor Roth - Nay Councilman McCarthy - Aye Councilman Metcalf - Nay Mayor Harris - Aye MOTION FAILED. Request from Sebastian Volunteer Ambulance Squad for Funding - Roof Repair - Memo from Building Official The Building Official said this item was removed since the repair amount was minimal and the squad would be able to pay for it. C. RESOLUTION FO. R-87-68 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW JOB DESCRIPTION TITLED "ASSISTANT TO THE BUILDING OFFICIAL" TO PART V OF THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING AN EFFECTIVE DATE. D. RESOLUTION NO. R-87-69 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW JOB DESCRIPTION TITLED "CHIEF BUILDING INSPECTOR" TO PART V OF THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING AN EFFECTIVE DATE. D. RESOLUTION NO. R-87-70 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW JOB DESCRIPTION TITLED "HEAVY EQUIPMENT OPERATOR" TO PART V OF THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING AN EFFECTIVE DATE. 87.229 D. RESOLUTION NO. R-87-71 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW JOB DESCRIPTION TITLED "BUILDING MAINTENANCE TECHNICIAN" TO PART V OF THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING AN EFFECTIVE DATE. Mayor Harris said new job descriptions had been given to Council for Heavy Equipment Operator and Building Maintenance Technician. 10. MAYOR'S MATTERS Mayor Harris announced a meeting with FAA on November 17, 1987, at 10:00 A.M. to work out remaining questions on the Airport Master Plan. Mayor Harris announced that the Building Department will be open from noon to 1:00 P.M. every day. Mayor Harris said he and Attorney Palmer are working on a golf course retaurant lease. Mayor Harris said the County had a solid waste ordinance and have requested that the City draft a companion ordinance. He said there are several questions to be answered before the ordinance is drafted. Mayor Harris said regarding the increase of employees salaries that he would like to have a stop gap measure initiated so that in the future this does not happen again. He requested a proposed ordinance on the matter be made an agenda item for the November 4, 1987, meeting. He requested that any ideas from Council be sent to his or Attorney Palmer's offices. 11. COUNCIL MATTERS Councilman Vallone requested Businesses Conducted in Mini- Warehouses be made an agenda item for November 4, 1987, and requested backup from the Building Official. Councilman Vallone requested an update on Ameron Homes models. The Building Official said as of today the garage door is still the same but the ditch had been put in. MOTION by Vallone I move we instruct the City Clerk to contact the Police Chiefs' Association to make a complete review of the Sebastian Police Department and make a report to Council. Mayor Harris said this was not an agenda item and no motion could be made. MOTION by Vallone/McCarthy I move we place on this agenda a request for the City Clerk to contact the Police Chiefs' Association to make a complete review of the Sebastian Police Department and make a report to Council. ROLL CALL: Vice Mayor Roth - Nay The Roll Call was not continued since it takes unanimous vote to place an item on the agenda. Councilman Vallone requested that this item be placed on the November 4, 1987, agenda. Councilman Metcalf said he would make a report available to the City Clerk regarding review of police department procedures. Councilman McCarthy does not approve of the new draft of the Airport Master Plan. Councilman McCarthy questioned if the City Hall well had been approved by the Health Department and if so were employees still using bottled water. 13. NEW BUSINESS SAFETY OF CITY VEHICLES Councilman McCarthy questioned policy on city vehicles. Mayor Harris said he had established a policy previously stating that a passenger is covered under the City's insurance if invited by a City employee to ride in the vehicle and that only City employees may drive the vehicle. Discussion followed on the investigation of the recent accident involving a police officer. A. RESOLUTIQN NO. R-87-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, CONSENTING TO THE ASSIGNMENT AND TRANSFER OF A CABLE TELEVISION FRANCHISE FROM CABLE TV FUND VIII-A, JONES INTERCABLE, INC., TO FALCON CABLE MEDIA, L.P., A CALIFORNIA LIMITED PARTNERSHIP. Attorney Palmer read Resolution No. R-87-74 by title only. 87.194 87.247 MOTION by Roth/Metcalf I move we adopt Resolution No. R-87-74 as read by the City Attorney by title only. ROLL CALL: Councilman Vallone - Aye Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Mayor Harris - Aye MOTION CARRIED. B. RESOLUTION NO. R-87-75 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING RESOLUTION NO. R-87-54, THAT ADDED A NEW JOB DESCRIPTION TITLED "ADMINISTRATIVE SECRETARY - CITY CLERK'S OFFICE" TO PART V OF THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Resolution No. R-87-75, by title only. MOTION by Roth/Metcalf I move we adopt Resolution No. R-87-75, as read by the City Attorney by title only. ROLL CALL: Councilman Metcalf - Aye Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. ORDINANCE NO. O-87-18 (First Reading, Set Public Hearing) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 20A-6 (14) OF THE LAND DEVELOPMENT CODE AND THEREBY PLACING FURTHER RESTRICTIONS ON HOME OCCUPATIONS; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Ordinance No. O-87-18 by title only. MOTION by Roth/Metcalf I move we accept the first reading of Ordinance O-87-18 as read by the City Attorney by title only and set it for Public Hearing on November 18, 1987. 87.249 87.248 VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Em ORDINANCE NO 0-87-25 (First Reading, Set Public Hearing) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE COMPREHENSIVE PLAN DESIGNATION FROM INDIAN RIVER COUNTY MD-1 (MEDIUM DENSITY RESIDENTIAL ONE) TO INSTITUTIONAL (INS) FOR A PARCEL OF PROPERTY IN THE A.A. BERRY SUBDIVISION, WEST OF U.S. HIGHWAY #1 AND EAST OF DALE STREET, LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, COMPRISING APROXIMATELY 2.54 ACRES; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Ordinance No. 0-87-25 by title only. MOTION by Vallone/Metcalf I move we accept the first reading of Ordinance No. 0-87-25 and set it for two Public Hearings on December 9 and 16, 1987. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Mayor Harris called recess at 8:30 P.M. and recalled the meeting at 8:40 P.M. All members present at recess were present at recall. ORDINANCE NO. 0-87-24 (First Reading, Set Public Hearing) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING FROM COUNTY ROSE 4 TO PUBLIC SERVICE (PS) A PARCEL OF PROPERTY IN THE A.A. BERRY SUBDIVISION, WEST OF HIGHWAY #1 AND EAST OF DALE STREET, IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, COMPRISING APPROXIMATELY 2.65 ACRES; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Ordinance No. 0-87-24, by title only. 8 87.250 MOTION by Roth/Metcalf I move we accept the first reading of Ordinance No. 0-87-24 as read by the City Attorney by title only and set it for Public Hearing on December 16, 1987. Vice Mayor Roth said he would approve if it was not spot zoning. Attorney Palmer said it was not. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. F. PLANNING AND ZONING COMMISSION Recommendation - Site Plan Approval San Sebastian Springs West Mayor Harris asked Councilman Metcalf if he felt he was biased and wished to step down from the vote. Councilman Metcalf said he had an open mind on the matter. Attorney Palmer said Councilman Metcalf had tried to recommend denial at Planning and Zoning and if Councilman Metcalf was part of the majority of the vote there could be a serious question of illegal bias. Councilman Vallone said he was shocked that the City Attorney would state that a Councilmember could not express an opinion and he felt the only conflict was with the City Attorney and Dr. Fischer. Dr. Fischer said he was requesting approval, then public hearing would be held by the FAA on the airstrip. He said the airstrip would be an asset to the City by adding to the tax base. He said the problem with the eagles nest had been solved by moving the airstrip. Randy Mosby, Mosby and Associates, engineer for the project, gave Council an update on the project. He said approval from St. John's Water Management should be approved on November 16 or 19, 1987. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. I. GOLF COURSE Award Bid for R_Y_9 Grass Seed - Memo from Finance Director Chris McCarthy, Golf Course Superintendent, said the bid from Scotty's was not the type needed for the Golf Course. MOTION by Roth/McCarthy I move we award the bid for rye grass seed to Woodbury Chemical Company for $4200. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. 2. RESOLUTION NO. R-87-76 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING RESOLUTION NO. R-87-09 AND THEREBY AMENDING THE RATES FOR GREEN FEES AND GOLF CART FEES; PROVIDING AN EFFECTIVE DATE. Mayor Harris said this needed a public hearing but did not have to be advertised. He said to post notice at the golf course and in City Hall. Attorney Palmer read Resolution No. R-87-76 by title only. MOTION by Metcalf/McCarthy I move we accept the first reading of Resolution No. R-87-76 and set it for Public Hearing on November 4, 1987. ROLL CALL: Councilman Vallone - Aye Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Mayor Harris - Aye MOTION CARRIED. 11 87.254 87.074 87.255 Je Request from Sebastian Volunteer Fire Department - Change Reverter Clause in Deed for US 1 Fire Station Nate McCollum asked if this was the correct procedure to change the reverter clause. He said the Fire Department owns land on North Central and wished to take the station off U.S. 1, sell the property on U.S. 1 to a commercial concern and give the city a tax base. He said ex-Chief Zimmer and ex-Mayor Flood thought the reverter clause was removed previously. A lengthy discussion took place on the City losing money if the clause was removed and the Fire Department ever went out of business. MOTION by Vallone/Metcalf I move we deny the request for a change in the reverter clause in the deed for the U.S. #1 Fire Station. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Vice Mayor Roth - Aye Mayor Harris - Aye MOTION CARRIED. Request from Lloyd Rondeau_- Airport Master Plan Post, Buckley - Airport General 2 "Final Airport Master Plan - 10/2/87 This item had been withdrawn by Mr. Rondeau during the recess. ne Request from Roger Skillman - City Accept New Deed in Lieu of Deed Currently in Escrow ~ Parcel B - Main Street Realignment MOTION by Vallone/McCarthy I move we accept the new deed from Roger Skillman in lieu of the deed currently in escrow for Parcel B adjacent to Main Street. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. 12 87.256 87.257 87.258 87.259 Discussion L Traffic Study - CR 512 at Barber Street Mayor Harris said he would like to request the County to do a new traffic study for the intersection of CR 512 and Barber Street. He requested Vice Mayor Roth to do so in his capacity as Transportation Committee member. Request t_9o Draft Ordinance o__n Solid Waste Consistent with Draft Proposed bv Indian River Count~ - Councilman Metcalf Mayor Harris said questions needed to be addressed before Council acts on this item. Report 9.~ Seminar re: City Manager Sponsored by National League of Cities and ~ Manager Association - Councilman Metcalf This item was postponed until the November 4, 1987, meeting. Request fo__r Fete Waivers L Community Center/Yacht Club (per R-86-29 ~19 - see backup) Sebastian Volunteer Fire Department - Full Fee Waiver and Alcoholic Beverage at Community Center - 1/2/88 (will pay security deposit) Councilman Vallone said he was confused as to why this was on the agenda since Council had given direction on payment of fees for the Community Center and Yacht Club. The City Clerk explained that until Resolution No. R-86-29 ~19 is amended she must take requests from applicants to address Council. MOTION by McCarthy/Roth I move we extend the meeting until 11:45 P.M. ROLL CALL: Councilman Metcalf - Nay Roll call did not continue since it takes unanimous vote to extend. Mayor Harris adjourned the meeting at 10:30 P.M. Italian American Club of Sebastian - Reduce Community ~enter Fee from $50.00 1/2 Fee to Previous $20.00 Fee Paid This item was never addressed. 13 Minutes were approved at the November 18, 1987 meeting. ATTEST: City C~rk