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HomeMy WebLinkAbout11021988City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, NOVEMBER 2, 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. Vice Mayor Vallone led the Pledge of Allegiance. ROLL CALL Present: Councilman George Metcalf Councilman Robert McCarthy Vice Mayor Peter Vallone Mayor Richard Votapka Absent: Councilman Kenneth Roth (excused) Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper Finance Director, Carol Carswell Chief of Police, Earl Petty Public Works Director, Jerry Thomas City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio 4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. 1 5. ANNOUNCEMENTS Councilman Metcalf - Veterans of Foreign Wars - "Buddy" Poppy Sale - Friday ~ Saturday, 11/4 & 11/5/88 Councilman Metcalf announced the VFW poppy sale on November 4th and 5th, 1988. Mayor Votapka read a proclamation regarding the VFW buddy poppy sale and presented it to Mr. Muller of the VFW. 6. PUBLIC INPUT A. Leonard Bassi Leonard Bassi, 573 Browning Terrace, addressed Council regarding alleged code violations regarding improverly backfilled slab, gaps in siding, improper placement of a culvert, lack of side and rear swales, and improper roof repair, against Classic Builders in the construction of his home and his lack of satisfaction from the Construction Board and Director of Community Development. He invited Council to his house, requested that they send a letter to DPR and withhold renewal of Classic Builders' license until answers are received. B. Bill Sandy Bill Sandy, 548 Balboa Street, agreed with Mr. Bassi. C. Other Public Matters The City Manager responded that he had been involved with the Bassi case along with the Director of Community Development, that certain violations as stated by Mr. Bassi had been corrected and that the existing violation regarding the culvert had been brought to the Code Enforcement Board. He said the Director of Community Development and individual members of the Construction Board had gone beyond the call of duty on this case. He said the Director of Community Development had contacted DPR on the matter. The Director of Community Development said the Code Enforcement Board will hear the case regarding the culvert on November 16, 1988, if the board has a quorem, but that the Construction Board had closed its case since violations had been remedied according to the codes of the city. He said he had recommended that, according to the Assistant City Attorney, Mr. Bassi pursue this in civil court. 2 Mayor Votapka stated that citizens have a right to petition DPR for reopening cases, but that the City will cooperate with its citizens' complaints regarding code violations and instructed the City Attorney to review whether or not the payment and performance bond could be applied to Classic Builders before any future permits are issued to them. J.W. Thompson, 125 Main Street, presented his recent bill for service from Rural Sanitation. He recommended denial of the requested 71% rate increase and amendment of the franchise to reflect a rate of $4.25 per month. The City Manager responded that he had spoken with Rural Sanitation and been informed that they were currently charging $6.90 per month for the three month period November 88 through January 89 with a 82.65 credit for October and would credit the three months if the rate is reduced. Councilman McCarthy said a letter should be sent to Rural instructing them to rebill until such time as Council approves or denies their rate increase request. The City Manager said that Rural had stated in two documents that their rate had been reduced to $4.25, as a result of their no longer paying a $2.65 tipping fee to Indian River County, and that he had no problem with writing a letter to them requesting a rebilling. Attorney Nash said that according to the current franchise agreement it appears that Rural can charge up to $6.90, without Council approval. MOTION by Metcalf/McCarthy I move we authorize staff to prepare a letter to Rural Sanitation to request that they reissue their current bill to reflect a monthly rate of $4.25. Vice Mayor Vallone requested that the motion be amended to add "until such time as Council acts on the rate increase request". The motion was not amended. VOICE VOTE on the motion carried 4-0. Steven Steelwell, Barefoot Bay, recommended that Council amend its code to disallow salt water softeners to alleviate groundwater contamination. 3 Henry Dolan, 444 Ponoka Street, addressed Council regarding the closing of 134th Street in Roseland, by Indian River County, which was previously used as ingress and egress for St. Sebastian Church. He said the closing created a safety hazard for elderly parishioners of the church. Mayor Votapka said he would direct staff to call Indian River County Public Works to get background on the situation and report back to Council. Jim Davis, Indian River County Public Works, responded that residents living on 134th Street brought the situation to the attention of the County, requested the road be paved or closed, and that following a meeting between him and Father LeSage it was agreed that the best result was to close the road. Councilman McCarthy noted the danger for fire and rescue apparatus as a result of the street closing. The City Manager said he would like to meet with city staff, Indian River County and Father LeSage on the matter. Discussion followed on temporary traffic control on U.S. #1 during mass hours. MOTION by Metcalf I move we direct staff to initiate procedures to work with Indian River County and St. Sebastian Church and report back within thirty days on progress made on the traffic problem at St. Sebastian Church as a result of the closing of 134th Street. MOTION died for lack of a second. MOTION by Vallone/McCarthy I move we instruct staff to get with the necessary parties to resolve the 134th Street issue and also provide temporary safety control for the exit exiting on U.S. #1 both north and south, to ask our Police Chief to cooperate with Indian River County on a temporary basis capping the time at thirty days. VOICE VOTE on the motion carried 4-0. Robert McCollum, 501Durant Street, discussed Airport Master Plan funding source alternatives as stated in a letter from the City Attorney to Mayor Votapka. 4 Earl Masteller, 869 Robin Lane, urged Council not to take action on the airport moratorium until such time as the plan addresses road access to service proposed commercial areas. Mayor Votapka noted that road access is shown in figure 6-5 of the Airport Master Plan. Mayor Votapka closed the public input at 8:32 p.m. The City Clerk swore in interim Chief of Police, Earl Petty. Mayor Votapka, on behalf of Council, welcomed him to the City of Sebastian. 7. PRESENTATIONS Presentation - James Davis, Indian River County Director of Public Works - CR 512 Corridor and Recommended Thoroughfare Plan for Sebastian James Davis, Indian River County Public Works Director, introduced Robert Lloyd, Lloyd and Associates Engineering, and Gary Roberts, Traffic Engineer, Keith and Schnars, and subconsultant on CR 512 plan, and presented the Recommended Thoroughfare Plan for Sebastian, explained the results of traffic analysis zone studies and requested feedback from Council. Mayor Votapka expressed concern for the widening of Schumann Drive which could result in increased truck traffic. Jim Davis responded that he did not see an attraction to this corridor by truckers due to the existence of CR 510 and U.S. Highway 1. Councilman McCarthy added that "no thru trucks" signs can be placed by the City. Following a discussion of several points of the plan, Mr. Davis was requested to look into 1) Stratton Avenue Extension, which is not currently addressed in the plan; 2) practicality of Vocelle extension which if developed would go through the GDU sewage treatment plant and wetlands; 3) alignment of the intersection of Barber Street and Powerline Road; and 4) feasibility of the western extension of Main Street. Dan Preuss expressed concern for the proposed location of the east corridor of the CR 512 twin pairs ad3acent to his property. Mayor Votapka called recess at 9:20 p.m. and reconvened the meeting at 9:30 p.m. Ail members present at recess were present at recall. 5 88.022 Vice Mayor Vallone suggested that following Jim Davis' presentation, item "88.022 Ordinance No. 0-88- 27 - Sandmining" and item "88.156 Charter Revisions" be addressed. Council concurred. James Davis continued his presentation on the CR 512 Corridor plan, foCusing on the how forty foot wide commercial lots platted by GDC along the right of way west of the FEC Railway will be treated, and stated that Alternative D as presented in the plan was the County's recommendation. Mr. Davis briefly addressed the twin pairs concept and stated that now that the county no longer needs to protect the entire one hundred twenty foot right of way in this area, ad3acent property owners could reclaim some of the land they deeded to the County. He said this can be clarified once they have gotten a commitment from Sebastian City Council regarding the concept. Discussion took place on holding a public hearing on this matter before Council recommendation to the County, although it was stated by Mr. Davis that the County Commission has final authority for approval. Attorney Nash advised that Council not refer to this as a Public Hearing, but instead call it a special meeting, for which there is no special advertisement requirement. MOTION by Vallone/Metcalf I move we hold a special meeting for public input on the recommended Thoroughfare Plan and CR 512 Corridor on December 5, 1988 at 7:00 p.m. VOICE VOTE on the motion carried 4-0. 10. CITY ATTORNEY MATTERS A. ORDINANCE NO. 0-88-27 - Sandmining (3rd Draft) 1ST READING, SET PUBLIC HEARING 11/30/88 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING SECTION 20A-5.19, SAND MINING: SPECIAL USE PERMIT REQUIRED, OF THE LAND DEVELOPMENT CODE; CREATING A NEW SECTION 20A-5.19, EXCAVATION AND MINING, PURPOSE: CREATING A NEW SECTION 20A-5.20, DEFINITIONS; CREATING A NEW SECTION 20A- 5.21, PROHIBITED ACTIVITY WITH REGARD TO EXCAVATING OR MINING REAL PROPERTY; CREATING A NEW SECTION 20A- 5.22 PROVIDING EXEMPTIONS FROM PERMITTING REQUIREMENTS RELATED TO EXCAVATING OR MINING REAL 6 88.156 PROPERTY; RESERVING SECTIONS 20A-5.23 THROUGH 20A- 5.28 FOR FUTURE USE; CREATING A NEW SECTION 20A-5.29, WATER MANAGEMENT STANDARDS; CREATING A NEW SECTION 20A-5.30, PROMULGATING MINING PERMIT REGULATIONS; RESERVING SECTIONS 20A-5.31 THROUGH 20A-5.34 FOR FUTURE USE; CREATING A NEW SECTION 20A-5.35 REGARDING THE USE OF PUBLIC AND PRIVATE ROADS IN CONJUNCTION WITH EXCAVATING OR MINING OF REAL PROPERTY; CREATING A NEW SECTION 20A-5.36, PROMULGATING STANDARDS FOR THE DURATION AND COMPLETION OF PERMITS; CREATING A NEW SECTION 20A-5.37, PROVIDING A PROCEDURE FOR INSPECTION AND REVOCATION OF PERMITS; RESERVING SECTIONS 20A-5.38 THROUGH 20A-5.42 FOR FUTURE USE, CREATING A NEW SECTION 20A-5.43, PROVIDING FOR MINING PERMIT FEES; CREATING A NEW SECTION 20A- 5.44, PROVIDING A PROCEDURE FOR APPEALS; CREATING A NEW SECTION 20A-5.45, ESTABLISHING VIOLATIONS AND PENALTIES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (lst Agenda 6/22/88, 2nd Agenda 7/27/88, 1st Draft Discussion 9/7/88, Discussion 9/21/88 Special Meeting, 2nd Draft Discussion 10/5/88, 1st Reading 3rd Draft 10/26/88 - not addressed carried to 11/2/88 - amended page 7) Attorney Nash read Ordinance No. 0-88-27 for the first time by title only. MOTION by Vallone/Metcalf I move we accept the first reading of Ordinance No. 0-88-27 and set it for public hearing on November 30, 1988. ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Vice Mayor Vallone - aye Mayor Votapka - aye MOTION CARRIED. Charter Revisions - Also Clerk Report on Referendum Costs (distributed 10/13/88) The City Manager explained his recommendation to Council as stated in his memo dated October 28, 1988. Vice Mayor Vallone suggested that in Article 2 the City Manager, rather than appointing an interim manager in his absence, should "recommend" appointment. Councilman Metcalf recommended this item be placed on the next agenda so that each Councilman can review and make written suggestions. 7 88.168 88.168 88.168 88.171 88.155 88.172 88.119 88.147 88.173 MOTION by Metcalf/Vallone I move we extend the meeting fifteen minutes. No vote was taken since Councilman McCarthy said he would vote against the motion and unanimous vote is needed to extend. Mayor Votapka adjourned the meeting at 10:30 p.m. The following items were not addressed and will be carried forward to the next meeting. 8. COMMITTEE REPORTS/RECOMMENDATIONS A. CONSTRUCTION BOARD 1. Art Hallgren - Request for Reappointment to HARV Contractor Position - 10/88 to 10/91 2. David Greenidge - Request for Reappointment to Alternate/Concerned Citizen Position - 10/88 to 10/91 3. Dennis Dernbach - Request for Reappointment to Concerned Citizen Position - 10/88 to 10/91 9. COUNCIL MATTERS A. Councilman McCarthy 1. Request to Follow Sections 3.02 & 3.03 of the City Charter B. Councilman Metcalf 1. Request to Withdraw Airport Moratorium 11. CITY MANAGER MATTERS A. Report on Advalorem Taxes Received by City from Airport Lessees - Information Distributed on 10/19/88 12. WORKSHOP ITEMS A. Policy on City Board Appointments C. Parks & Recreation - Request for Handicap Equipped Portalets at Yacht Club D. Million Dollar Line of Credit - Letter to Withdraw Request 87.084 88.088 88.O56 88.047 88.174 13. 14. 15. 16. MAYOR'S MATTERS A. Renewal Provision of City Manager's Contract - Discussion COUNCIL MATTERS CITY ATTORNEY MATTERS A. Ordinance No. O-88-19 - Nuisance - 6th draft B. Ordinance No. O-88-17 Parking - 4th Draft C. Ordinance No. O-88-15 Landscaping - 5th Draft CITY MANAGER MATTERS A. Appointment of Code Enforcement Board Members MINUTES APPROVED AT CITY COUNCIL MEETING OF 11/30/88. Mayor Richard B. Votapka Kathr~ M. O'Halloran-. City Clerk _