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HomeMy WebLinkAbout11091988City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 9, 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. 1. Mayor Votapka called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Rabbi Jayr. Davis, Temple Beth Shalom. 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 Director of Community Development, Bruce Cooper Finance Director, Carol Carswell Chief of Police, Earle Petty City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. 88.175 88.084 88.116 6. CONSENT AGENDA A. Approve Minutes - 10/26/88 Regular Meeting Award Bid to Allynn's Cleaning Service - Daily Cleaning Golf Course Clubhouse - $600 per month Request to Continue Ordinance No. 0-88-23 - St. Sebastian PUD Approve Travel Expenses for City Engineer Applicants Mayor Votapka withdrew Consent Agenda item A. Vice Mayor Vallone withdrew Consent Agenda items B & D. MOTION by Metcalf/McCarthy I move we approve Consent Agenda item 88.084 (C) Request to Continue Ordinance No. 0-88-23 - St. Sebastian PUD. The City Manager, in response to question by Councilman Roth, said that this item would be presented to Council at the first regular meeting in January, 1989. VOICE VOTE on the motion carried 5-0. Mayor Votapka amended the October 26, 1988 minutes as follows; page seven, second paragraph from the bottom, last line, the word "industrial" should be "industry". MOTION by Vallone/Roth I move we approve Consent Agenda item (A) October 26, 1988, Regular Meeting minutes as amended by Mayor Votapka. VOICE VOTE on the motion carried 5-0. After a brief discussion of the specific duties of the cleaning service for the Golf Course Clubhouse the following motion was made. MOTION by Vallone/Roth I move we defer Consent Agenda item 88.175 (B) Award Bid to Allynn's Cleaning Service - Daily Cleaning Golf Course Clubhouse - $600 per month to the November 30, 1988 Regular Meeting for further backup. The City Manager said a copy of the specifications would be provided to Council. 2 88.142 VOICE VOTE on the motion carried 3-2. - Nay) (McCarthy, Metcalf Vice Mayor Vallone questioned what funds would be used to finance travel for City Engineer interviews. The City Manager responded that funds set aside for the City Engineer salary in the 88/89 fiscal year budget would be used. MOTION by Vallone/Roth I move we approve Consent Agenda item 88.116 (D) Approve Travel Expenses for City Engineer Applicants. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION CARRIED. 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS None. 8. PUBLIC HEARING, FINAL ACTION ORDINANCE NO. 0-88-28 - Boat Trailer & RV Parking (lst Draft) 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, Advertised 10/26/88, Public Hearing 11/9/88) Attorney Nash read Ordinance No. 0-8-28 by title only. 3 Mayor Votapka opened the public hearing at 7:25 p.m. The Director of Community Development explained the Ordinance. Claudine Sllvio, 601 Crystal Mist, opposed the ordinance and recommended enforcement of cars illegally parked in swales. Mayor Votapka responded that this ordinance would be less restrictive than the existing code. George Schum, Layport Drive, recommended that the section on page three regarding attachment of electrical wires to RV's be stricken from the ordinance. The Director of Community Development responded that this was merely a tool for the Code Enforcement officer to use to presume residency and allow invest±gation. Mr. O'Donnell, Easy Street, recommended that the allowable length for RV's be increased from twenty six feet. Robert McCollum, 501Durant Street, opposed the ordinance. Mr. Boyd, Kroegel Avenue, said that as long as RV's were parked behind the house the length should not matter. George Schum, said that when he was on Council in 1981 the length was thirty five feet and questioned how it got to twenty six feet. Councilman Roth responded that the change was made when the Land Development Code went into effect in 1985. Mayor Votapka closed the public hearing at 7:47 p.m. MOTION by Roth/Metcalf I move we adopt Ordinance No. 0-88-28 Boat Trailers and RV parking, as read by the City Attorney by title only. MOTION by Roth/Vallone I move we amend Ordinance No. 0-88-28 by striking on page four, paragraph eight, line two "twenty-six (26)" and adding "thirty-six (36)" ROLL CALL: (amendment) Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye 4 88.156 MOTION CARRIED. ROLL CALL: (main motion) Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman Metcalf - aye Councilman McCarthy - aye MOTION CARRIED. 9. PUBLIC INPUT Jo Kelly requested that CR 512, between U.S. #1 and Indian River Drive, be closed during the Exchange Club's fundraiser for the Creative Playground on Saturday, December 3, 1988. Following a brief discussion regarding whether the County or the City had jurisdiction over that part of CR 512, the following motion was made. MOTION by Vallone/Roth I move we approve the request for the closing of CR 512 between U.S. #1 and Indian River Drive, during the December 3, 1988, Exchange Club fundraising event for the Creative Playground, contingent upon approval from Indian River County if necessary. VOICE VOTE on the motion carried 5-0. Henry Dolan, commended the Police Department and city staff for their handling of the matter of traffic on U.S. #1 at the Saint Sebastian Church as a result of the closing of 134th Street. The City Manager said a meeting had been held with representatives of Indian River County, St. Sebastian Church, and city staff to discuss the matter. He reported that the church has applied to FDOT for a deceleration lane on U.S. #1 and a right turn lane in their driveway, but that the Sebastian Police Department has handled traffic in the meantime. Mayor Votapka closed public input at 8:05 p.m. 10. OLD BUSINESS Charter Revisions - Also Clerk Report on Referendum Costs and Schedule (distributed 10/13/88) The City Manager explained his recommendations for Charter revisions as stated in his memo of October 28, 1988. 5 Vice Mayor Vallone requested that language be added for Council review of Charter officers and compensation to Councilmembers for attendance at Special meetings. Mayor Votapka responded that review of Charter officers could be set up as policy by a resolution but that compensation would have to go to referendum. Attorney Nash concurred with the Mayor. The City Manager recommended that Council not add too many details to the referendum. Councilman Metcalf said he had submitted a memo recommending that the Mayor be selected by Council from among its members. The majority of Council did not concur with Councilman Metcalf's recommendation. Mayor Votapka handed out to Council his recommendation on additions to 2.09 of the Charter regarding removal of the Mayor and Councilmembers. Discussion followed regarding whether these criteria were already covered by Florida Statutes. Attorney Nash said, in his opinion, the Mayor was proposing this addition to allow removal by the City Council rather than resorting to the State removal process. MOTION by Metcalf/McCarthy I move we direct the City Attorney to put proposed Charter amendments as outlined in the City Manager's memo to Council dated October 28, 1988 in proper format and draft ordinances for referendum. Attorney Nash advised that in Section 3.07 of the October 28, 1988 memo, the line "to attend the county court sessions dealing with municipal violations; to execute its commands and to aid in the enforcement of order therein" be stricken. The City Manager concurred. Attorney Nash said he was not sure whether Council wanted to leave in Charter Section 2.08 "Supervision of Officers", but perhaps move relevant language to 3.04. The City Manager said he did not see an inconsistency by its existence although it was redundant and recommended its repeal rather than tampering with the language. Attorney Nash concurred with its repeal except perhaps for the second paragraph regarding Mayor/Council compensation. 88.168 MOTION by Metcalf/McCarthy I move we amend the proposed Charter revisions as stated in the City Manager's memo dated October 28, 1988 to be drafted in ordinance form by deleting Section 2.08 of the Charter and modifying Section 3.07 by striking "to attend the county court sessions dealing with municipal violations; to execute its commands and to aid in the enforcement of order therein". ROLL CALL: (amendment) Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye MOTION CARRIED. ROLL CALL: (main motion) Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye MOTION CARRIED. MOTION by Vallone I move we instruct the Attorney to draft proper language to incorporate criteria for addition to Charter section 2.09 as a separate ballot question as presented by Mayor Votapka. MOTION DIED FOR LACK OF A SECOND. Mayor Votapka called recess at 9:05 and reconvened the meeting at 9:15 p.m. All members present at recess were present at recall. B. CONSTRUCTION BOARD Art Hallgren - Request for Reappointment to HARV Contractor Position - 10/88 to 10/91 MOTION by Vallone/Metcalf I move we deny the reappointment of Art Hallgren to the HARV contractor position on the Construction Board. In response to Councilman Metcalf, the Director of Community Development said Mr. Hallgren does meet two of the three requirements for membership on the board since he is a registered contractor in the city although not holding a city occupational license. 7 88.168 88.168 88.168 88.174 Discussion took place on procedures for reappointment. VOICE VOTE on the motion carried 4-1 (McCarthy - nay) MOTION by Metcalf/Vallone I move we appoint Tom Cheatam to the Construction Board, HARV contractor position, for a three year term from 10/1/88 to 10/1/91. VOICE VOTE on the motion carried 5-0. David Greenidge - Request for Reappointment to Alternate/Concerned Citizen Position - 10/88 to 10/91 MOTION by Vallone/Roth I move we reappoint David Greenidge to the Construction Board, Alternate/Concerned Citizen position, for a three year term from 10/1/88 to 10/1/91. VOICE VOTE on the motion carried 5-0. Dennis Dernbach - Request for Reappointment to Concerned Citizen Position - 10/88 to 10/91 MOTION by Vallone/Metcalf I move we reappoint Dennis Dernbach to the Construction Board, Concerned Citizen position, for a three year term from 10/1/88 to 10/1/91. VOICE VOTE on the motion carried 5-0. Request for Reappointment to Alternate, General Contractor Position ~ Michael Capp 10/88 to 10/91 MOTION by McCarthy/Metcalf I move we reappoint Michael Capp to the Construction Board, Alternate/Concerned Citizen position, for a three year term from 10/88 to 10/91. C. Appointment of Code Enforcement Board Members The Director of Community Development explained the vacancies needed to be filled. MOTION by Vallone/Metcalf I move we appoint Brian Strnad to the Code Enforcement Board realtor position to the unexpired term ending 3/90. Councilman McCarthy nominated Damian Gilliams to the realtor position. 8 88.119 ROLL CALL: Councilman McCarthy - nay Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - nay MOTION CARRIED. Nominations for the businessman position were as follows: Councilman Roth - Damian Gilliams Vice Mayor Vallone - Larry Vickers Mayor Votapka - Larry Vickers Councilman Metcalf - Albert Miller MOTION by Vallone/Metcalf I move we appoint Larry Vickers to the Code Enforcement Board businessman position for a three year term to expiring 3/91. ROLL CALL: Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye MOTION CARRIED. MOTION by McCarthy/Metcalf I move we appoint Donato DeRobertis to the Code Enforcement Board member position for a three year term expiring 3/91. ROLL CALL: Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Roth - aye Councilman Metcalf - aye MOTION CARRIED. Councilman McCarthy requested that letters be sent by the City Clerk to all other applicants who applied. D. Policy on City Board Appointments After a brief discussion, the Mayor placed this item on the January workshop agenda and requested that the City Clerk redistribute his memo with changes dated September 26, 1988 to City Council with their agenda packet. 88.147 88.088 Parks ~ Recreation - Request for Handicap Equipped Portalets ~t Yacht Club After introduction by Nate MCCOllum, Chairman of the Parks and Recreation Committtee, and a brief discussion regarding the cost of approximately $1350 for the six month period, utilization of the portalets if they were installed and the possibility of vandalism, the following motion was made. MOTION by Metcalf/Roth I move we deny the recommendation of the Parks and Recreation Committee to install two handicap equipped portalets at the Yacht Club. VOICE VOTE on the motion carried 5-0. Items I, J, K and H were moved to this section of agenda. I. ORDINANCE NO. 0-88-19 - Nuisance - 6th draft First Reading, Set Public Hearing 12/14/88 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 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 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. (lst agenda 4/6/88 - not addressed, 4/13/88 1st reading, 3rd draft 5/25/88 ph, advertised 5/11/88, referred to Attorney for redraft, 6/1/88 Attorney instructed to split from original ordinance, 8/3/88 not addressed, 9/7/88 discussion - amended, 9/28/88 1st reading - amended, 11/2/88 - no% addressed, 11/9/88 1st reading) Attorney Nash read Ordinance No. 0-88-19 for the first time by title only. MOTION by Vallone/Metcalf I move we accept the first reading of Ordinance No. 0-88-19 and set it for public hearing on December 14, 1988. 10 88.056 ROLL CALL: Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye MOTION CARRIED. J. ORDINANCE NO. 0-88-17 - Parking - 4th Draft First Reading, Set Public Hearing 12/14/88 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 20A-8.2, CONCERNING WAREHOUSING USES; AMENDING PARAGRAPH 6 OF SECTION 20A-8.3, CONCERNING LOCATION OF OFF-STREET PARKING SPACES; AMENDING PARAGRAPH 7 OF SECTION 20A-8.3, CONCERNING JOINT USE OF PARKING AREAS; 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. (3/23/88 1st reading set ph 5/25/88, back to 4/27/88 for rescheduling of ph - not addressed, 5/11/88 reschedule ph for 6/8/88 and 6/22/88 per Attorney, per new Attorney only one required, ph 6/22/88 - referred to Attorney, discussion 10/5/88 not addressed, 10/12/88 amended, 3rd draft amended, 4th draft 11/2/88 not addressed, 1st reading 11/9/88) Attorney Nash read Ordinance No. O-88-17 for the first time by title only. MOTION by Vallone/Metcalf I move we accept the first reading of Ordinance No. O-88-17 and set it for public hearing on December 14, 1988. 11 88.047 ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye MOTION CARRIED. K. ORDINANCE NO. 0-88-15 - Landscaping - 5th Draft First Reading, Set Public Hearing 12/14/88 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO LANDSCAPING AND OPEN SPACE; CREATING A NEW PARAGRAPH 8 OF SUBSECTION D OF SECTION 20A-3.1 OF THE LAND DEVELOPMENT CODE, CREATING REQUIREMENTS FOR PERMEABLE LANDSCAPED AREAS IN THE RE-40 ZONING DISTRICT; CREATING A NEW PARAGRAPH 8 OF SUBSECTION D OF SECTION 20A-3.2 OF THE LAND DEVELOPMENT CODE, CREATING REQUIREMENTS FOR PERMEABLE AND LANDSCAPED AREAS IN THE RS-20 ZONING DISTRICT; CREATING A NEW PARAGRAPH 8 OF SUBSECTION D OF SECTION 20A-3.3 OF THE LAND DEVELOPMENT CODE, CREATING REQUIREMENTS FOR PERMEABLE AND LANDSCAPED AREAS IN THE RS-15 ZONING DISTRICT; CREATING A NEW PARAGRAPH 8 OF SUBSECTION D OF SECTION 20A-3.4 OF THE LAND DEVELOPMENT CODE, CREATING REQUIREMENTS FOR PERMEABLE AND LANDSCAPED AREAS IN THE RS-10 ZONING DISTRICT; AMENDING PARAGRAPH 2 OF SUBSECTION C OF SECTION 20A-4.5 OF THE LAND DEVELOPMENT CODE, CREATING REQUIREMENTS FOR PERMEABLE AREAS IN THE PUD(R) ZONING DISTRICT; AMENDING PARAGRAPH 1 OF SUBSECTION E OF SECTION 20A-10.2 OF THE LAND DEVELOPMENT CODE, CREATING PERMEABLE LOT REQUIREMENTS FOR ALL RESIDENTIAL DEVELOPMENTS; CREATING A NEW SUBSECTION D OF SECTION 20A-5.2 OF THE LAND DEVELOPMENT CODE, CREATING REQUIREMENTS FOR THE ENCROACHMENT OF MECHANICAL EQUIPMENT INSIDE YARDS; REPEALING THE EXISTING SECTION 20A-13.2 OF THE LAND DEVELOPMENT CODE AND CREATING A NEW SECTION 20A-13.2, ESTABLISHING APPLICABILITY OF LANDSCAPE REGULATIONS TO A SINGLE FAMILY OR TWO FAMILY RESIDENCE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (lst reading 2/24/88 amended, 3/2/88 discussion amended, 3rd draft 1st reading 3/23/88, 4th draft 4/27/88 not addressed, 5/4/88 workshop, ph set for 6/8/88 and 6/22/88 per Attorney, per new Attorney only one required, 6/22/88 ph referred to Attorney, 5th draft 11/2/88 not addressed, 11/9/88 1st reading) 12 87.084 88.155 88.173 88.176 Attorney Nash read Ordinance No. 0-88-15 for the first time by title only. MOTION by Vallone/Metcalf I move we accept the first reading of Ordinance No. O-88-15 and set it for public hearing on December 14, 1988. ROLL CALL: Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye MOTION CARRIED. Renewal Provision of Cit~ Manager's Contract Discussion Mayor Votapka handed out to Council his recommendation for procedures for evaluating the City Manager for contract renewal. The recommendation consisted of a request to write a 100 word or more critique of the City Manager to be handed in by November 21, 1988 to the City Clerk for backup, a review of the critiques between the Mayor and City Manager on December 1, 1988 and to carry the renewal of the City Manager's contract to the December 7, 1988 Regular meeting agenda as a priority item. It was decided that Councilmembers would discuss their critiques with the City Manager before submitting them. Councilman Roth and Councilman McCarthy did not agree with doing written critiques. 15. Mayor Votapka adjourned the meeting at 10:30 p.m. The following items were not addressed, therefore, will be carried forward to the next regular meeting. F. Councilman Metcalf - Request to Withdraw Airport Moratorium Million Dollar Line of Credit - Letter to Withdraw Request A. Charter Fishing Boat Insurance Requirements MINUTES APPROVED AT CITY COUNCIL MEETING OF 11/30/88. Mayor Richard B. Votapka Kathr~ M. O'Hallorun City Clerk ~- '- ,. 13 '