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HomeMy WebLinkAbout11131988City of Sebastian POST OFFICE BOX 780127 {3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL ~{EGUL~ MEETI~ ~EDNESDA¥, APRIL 13, 1988 ~ 7.-00 P,M. CITY 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 Votapka called the meeting to order at 7:00 P.M. 2. The Pledge of Allegiance was recited. Invocation was given by Reverend Harold Lee, First Baptist Church of Sebastian. 4. ROLL CALL: Present: Councilman Kenneth Roth Councilman Robert McCarthy Councilman George Metcalf Vice Mayor Peter Vallone Mayor Richard B. Votapka Also Present: City Manager, Robert McClary City Attorney, Thomas Palmer 5. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Away0 plaque to FQrmer Mayor L. Gene Harris This item was postponed to the next meeting. Reverend Harold Lee discussed a Drug/Alcohol Program. 1 87.047 Councilman Vallone invited all to attend the Board of County Commissioners meeting April 19, 1988 at 9:00 A.M. at which time the City Manager and Mayor Votapka will be introduced. The City Manager requested an agenda item "Emergency Action - Repair to Main Street Ramp". MOTION by Roth/McCarthy I move we add "Emergency Action - Repair to Main Street Ramp" to this agenda under City Manager's matters. VOICE VOTE on the motion carried 5-0. National Co~/~unity ~rJ~ig_~ Week m A~ril 17 m 23, Mayor Votapka read a proclamation in its entirety, proclaiming April 17 - 23, 1988, as National Community Service Week. He presented it to Edra Young. 6. PUBLIC HEARING, FINAL ACTION A. ORDINANCE NO. 0-88-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING ORDINANCE NO. 0-87-06 OF THE CODE OF ORDINANCES AND THEREBY AMENDING CERTAIN FEES FOR OCCUPATIONAL LICENSES AND EXEMPTING AQUACULTURE FROM THE FEES REQUIREMENTS; PROVIDING AN EFFECTIVE DATE. (lst Agenda 3/2/88, 1st Reading 3/9/88, Advertised 3/29/88, Public Hearing 4/13/88) Mayor Votapka explained new public hearing procedures. Attorney Palmer read Ordinance No. O-88-16 by title only. Mayor Votapka opened Public Hearing at 7:10 P.M. Attorney Palmer said this was a housecleaning amendment to coincide with Florida State Statutes. There were no comments from the public for or against the ordinance or requests for further information. Mayor Votapka closed the public hearing at 7:12 P.M. 2 88.082 MOTION by Vallone/Metcalf I move we adopt Ordinance No. 0-88-16 as read by the City Attorney by title only. ROLL CALL: Councilman Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION CARRIED. T~E FOLLOWING ITEMS WERE NOT ADDRESSED AT T~E APRIL 6, 1988WORKSHOP SO ARE AUTOMATICALLY CARRIED OVER TO THIS MEETING 7. MAYOR'S MATTERS: A. Appointment of Committae ~iaisor[~ The City Manager said it was his recommendation that Council members not serve as liaisons to City committees. He said committee recommendations should come through his office or staff to City Council. He said Council members are placed in an awkward position advising for a particular committee. He said Council will get committee minutes in the future and would be welcome to attend all committee meetings. It was the general consensus that Council concurred with the City Manager's recommendation. Mayor Votapka instructed the City Clerk to create a list of all Indian River County committees who will require liaisons, present them to Council and have them choose those committees they wish to serve on for the April 27, 1988 meeting. Mayor Votapka requested that the Marine Resources Council resolution to preserve the Indian River be adopted and forwarded to the governor's office before the end of April. MOTION by Metcalf/Vallone I move we adopt the Marine Resources Resolution and instruct the City Attorney to draft the resolution in city form for the Mayor's signature. 88.086 ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Vice Mayor Vallone - Aye Councilman Roth - Aye Mayor Votapka - Aye MOTION CARRIED. B. ORDINANCE NO. 0-88-22 (2nd Draft - Discussion) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 7-100 OF THE CODE OF ORDINANCES BY ADDING A NEW PARAGRAPH (J) AND THEREBY AUTHORIZING THE CONSTRUCTION REVIEW BOARD UNDER CERTAIN CIRCUMSTANCES TO REQUIRE THAT ANY INDIVIDUAL EXCEPT A STATE CERTIFIED CONTRACTOR OR ENTITY UNDER THE BOARD'S JURISDICTION TO OBTAIN A PAYMENT AND PERFORMANCE BOND AS A PREREQUISITE TO OBTAINING A BUILDING PERMIT FROM THE CITY; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Ordinance No. 0-88-22 by title only. Attorney Palmer explained Ordinance No. 0-88-22 to Council members. He said it gave the Construction Board the power to impose a performance bond to any contractor or entity except those state certified that pose a substantial financial risk on a case by case basis before they may acquire a building permit. MOTION by Metcalf/Vallone I move we place Ordinance No. 0-88-22 on this agenda for action. VOICE VOTE on the motion carried 5-0. MOTION by Vallone/Roth I move we accept the first reading of Ordinance No. 0-88-22 and set it for public hearing on May 11, 1988. ROLL CALL: Councilman Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION CARRIED. Mayor Votapka instructed the City Clerk to send a copy of the proposed ordinance to all general contractors in the city. 88.083 88.084 88.085 8. CITy COUNCIL }~A~TERS: Proposed Resolution Re: Ca~pi~l Improvement Program ~ Councilman Metcalf The City Manager requested that Council not act on this resolution at this time. He said he would make a presentation at budget time. It was the general consensus of Council to concur with the City Manager's request. 9. ~ AT/IQRNE3~ ' S F~k~E$: None. 10. N~W BUSINESS A. PLANNING AND ZONING COMMISSION Request Action by Council -- St~ $~bastian -_ ~lbli~ I{earing re.. Expiration of ~.U.D. Time Limit (DiScussion) MOTION by Vallone/Metcalf I move we instruct the City Attorney to draft a resolution cancelling the conceptual development plan for St. Sebastian P.U.D. and set public hearing for May 25, 1988. After input from J.W. Thompson on the possible need for deletion of an existing ordinance on the P.U.D., Attorney Palmer said he reserved the right to research the files and draft an ordinance for first reading on April 27, 1988 for May 25, 1988 public hearing if necessary. Councilman Roth recommended that the City Manager and Attorney contact Treasure Coast Regional Planning Council on their action regarding this item. VOICE VOTE on the motion carried 5-0. Petition for Voluntary A~ation ~ ~orchesky Re~ommeR~atiQ~ from R ~ ~ and Attorney Palmer (Di~cu~io~ The City Manager recommended that the Council defer action on this at this time until rezoning is considered concurrently and further review of the petition is done. 88.087 MOTION by Roth/McCarthy I move we postpone action on the petition for volunteer annexation by Morchesky until brought back by the petitioner. Attorney Palmer said to annex and rezone would be complicated since a land use change with Planning & Zoning and DCA review is necessary in this case and this would take approximately five months. Attorney Palmer said this was not an illegal annexation although adjoined to the city limit only on the west boundary of the subject property. VOICE VOTE on the motion carried 5-0. B. BUILDING OFFICIAL 1. ORDINANCE NQ. Q-88-1~ (DISCUSSION ONLY) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING PARAGRAPH (F) OF SECTION 20A-3.7 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN AND THEREBY DELETING THE REFERENCE TO THE SPECIFICATIONS OF THE NATIONAL FIRE PROTECTION ASSOCIATION; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Ordinance No. 0-88-18 by title only. The Building Official said this was a cleanup of RMH zoning construction standards. MOTION by Vallone/Metcalf I move we set the second reading and public hearing of Ordinance NO. 0-88-18 on May 25, 1988. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Vice Mayor Vallone - Aye Councilman Roth - Aye Mayor Votapka - Aye MOTION CARRIED. 6 88.088 2. QRD~ANCE NO. 0-88-19 (DISCUSSION ONLY) 88.090 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTIONS 16-2.1, 16-3, 16-4, AND 16-5, AND ADDING A NEW SECTION 16-9 TO CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN AND THEREBY REDUCING THE TIME LIMITS FOR THE ABATEMENT OF NUISANCES; ALSO SPECIFYING THAT ABATEMENT OF LOST OR ABANDONED PROPERTY SHALL BE AS PRESCRIBED IN CHAPTER 705, FLORIDA STATUTES. Attorney Palmer read Ordinance No. O-88-19 by title only. The Building Official said this Ordinance concerned reducing time limits for certain code enforcement violations. MOTION by Vallone/Metcalf I move we set the second reading and public hearing for Ordinance No. 0-88-19 on May 25, 1988. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Vice Mayor Vallone - Aye Councilman Roth - Aye Mayor Votapka - Aye MOTION CARRIED. Request from Pe~ican ~lan~ Jaycees for u~¢ of Alcoholic Beverages in ~i¥~ry_i~ Park ~ 5/1/88 10:00 A.M to ~;00 ~ Mike Ryan, Jaycees, requested use of alcoholic beverages in Riverview Park for a Jaycees fundraiser. The City Manager recommended that requests such as this be handled administratively on a case by case basis or else amend the existing code on alcoholic beverages in city parks. MOTION by Roth/McCarthy I move we approve the request of the Pelican Island Jaycees for use of alcoholic beverages at Riverview Park on May 1, 1988, from 10:00 A.M. to 5:00 P.M. ROLL CALL: Vice Mayor Vallone - Nay Councilman Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Nay Mayor Votapka - Nay MOTION FAILED. MOTION by Vallone/McCarthy I move we grant the request of the Pelican Island Jaycees for use of alcoholic beverages at Riverview Park on May 1, 1988, from 1:00 P.M. to 5:00 P.M. ROLL CALL: Councilman Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Nay Vice Mayor Vallone - Aye Mayor Votapka - Nay MOTION CARRIED. Mayor Votapka called recess at 9:01 P.M. and recalled the meeting at 9:12 P.M. All members present before the recess were present at recall. THE FOLLOWING IS THE RESUMPTION OF THE REGULAR AGENDA 11. C0/4~IT~EE EEPQ~TS None. 12. PUBLIC INPUT Harry Thomas said road and ditch deterioration in the city needed to be addressed. The City Manager encouraged Mr. Thomas to come in to city hall and speak to staff. Steve Philipson requested two temporary signs for a grand opening of tire center at Father and Son Plaza. MOTION by Vallone/Roth I move we place on the agenda a request from Steve Philipson for temporary signs. VOICE VOTE on the motion carried 5-0. MOTION by Vallone/Roth I move we grant the request of Steve Philipson for temporary signs for the grand opening of a tire center at Father and Son Plaza from April 14 through April 16, 1988 at the close of business hours. VOICE VOTE on the motion carried 5-0. 88.051 13. ~Q!~SENT AGENDA Resolution No. R-88-27 - Abandonment of Easement - South 6 Feet of Lot 18 & 19, Block 180, Unit 8, SH Be Request for Community Center - A/B - Sembler & Sembler - April 24, 1988 Request for Community Center - A/B - Indian Association - 5/8/88 & 5/15/88 Vice Mayor Vallone removed Item (13) (C). MOTION by Roth/McCarthy i move we approve consent agenda items (A) Resolution No. R-88-27 - Abandonment of Easement - South 6 Feet of Lot 18 & 19, Block 180, Unit 8, SH; and (B) Request for Community Center - A/B - Sembler & Sembler - April 24, 1988. VOICE VOTE on the motion carried 5-0. Vice Mayor Vallone asked if the Indian Association was the group the city had problems with. The City Clerk said it was not. MOTION by Vallone/McCarthy I move we approve consent agenda item C. Request for Community Center - A/B - Indian Association - 5/8/88 & 5/15/88. VOICE VOTE on the motion carried 5-0. 14. QLD BUSINES$~ A. Award Bid - Irrigation of Unit Four- ~metery MOTION by Roth/Vallone I move we award the bid for the irrigation of unit four Sebastian Cemetery to Automatic Rain in the amount of $4080.35. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Vice Mayor Vallone - Aye Councilman Roth - Aye Mayor Votapka - Aye MOTION CARRIED. 9 88.073 Award ~ ~ ~iD~iBg ~f Forms for U~R Report ~o~i~ Department MOTION by Metcalf/Vallone I move we accept the recommendation of the Assistant Finance Director for a line item transfer and waiver of bidding procedures for the purchase of UCR forms from VIP Printing and Graphics for $4646.00. Councilman Roth and Councilman McCarthy questioned the waiver of bidding procedures. ROLL CALL: Councilman Roth - Nay Councilman McCarthy - Nay Councilman Metcalf - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION CARRIED. 15. ~~ANA~R ~ATTER$: Emergency Action ~ Main Street Ramp MOTION by Vallone/Metcalf I move we authorize the City Manager to do what has to be done, to close the Main Street docks on an emergency basis and to place a $6000 cap on costs for repair and/or replacement from existing maintenance budget with balance from unencumbered funds. Attorney Palmer said emergency items needn't go to bid unless they exceed $20,000. ROLL CALL: Councilman Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION CARRIED. 16. MAYOR'S MATTERS: Mayor Votapka requested that there be a watch list prepared for prospective homebuyers by the Building Department. Mayor Votapka said he would be attending a Bikepath committee meeting on April 26, 1988 and would report to Council. Mayor Votapka requested that the City Manager instruct several City committees to do inventory and assessment on existing city equipment and report on necessary repairs. 10 88.080 Mayor Votapka said he wanted the "Travel at Own Risk" sign on Barber Street changed to "Caution" and to have "No Thru Trucks" signs placed at the intersection of Barber Street and CR 512. He recommended the City Manager contact Jim Davis regarding widening and/or resurfacing of Barber Street. 17. QOUN~IL ~_T~_~: Vice Mayor Vallone asked the City Manager to look into the paving of the Community Center. Vice Mayor Vallone asked that the signs at the entrance to town be refurbished. The Finance Director told him the Pilot Club is working on it. Vice Mayor Vallone requested that Chief Carter attend Council meetings. Councilman McCarthy requested that a Recreation Department be contemplated in the future. Councilman Metcalf requested that he sit at the extreme right side of the Council table. Vice Mayor Roth concurred. 18. CITY ATTORNEY MATTERS: None. 19. NEW BUSINESS A. RESOLUTION NO. R-88-31 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING RESOLUTION NO. R-87-34, AND THEREBY DELETING A FORMALIZED FORMAT AGENDA FOR CITY COUNCIL WORKSHOPS AND MEETINGS; PROVIDING AN EFFECTIVE DATE. (Discussion 4/6/88) The City Manager read Resolution No. R-88-31 by title only. MOTION by Roth/McCarthy I move we adopt Resolution No. R-88-31 as read by the City Manager by title only. ROLL CALL: Councilman Metcalf - Aye Vice Mayor Vallone - Aye Councilman Roth - Aye Councilman McCarthy - Aye Mayor Votapka - Aye MOTION CARRIED. 11 88.081 87.228 87.229 B. RESQLUTIQN NO. R-8_8-32 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ESTABLISHING RULES OF PROCEDURES FOR THE CONDUCT OF PUBLIC HEARINGS BEFORE THE CITY COUNCIL; PROVIDING AN EFFECTIVE DATE. (Discussion 4/6/88) The City Manager read Resolution No. R-88-32 by title only. MOTION by Metcalf/Vallone I move we adopt Resolution No. R-88-32 as read by the City Manager by title only. ROLL CALL: Councilman Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION CARRIED. C. EE~D~U~ION N0.~-88-26 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. (lst Agenda 3/2/88, 2nd Agenda 4/6/88) Attorney Palmer read Resolution No. R-88-26 by title only. MOTION by Roth/Vallone I move we adopt Resolution No. R-88-26 as read by the City Attorney by title only. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Vice Mayor Vallone - Aye Councilman Roth - Aye Mayor Votapka - Aye MOTION CARRIED. D. RE~OLUTION NO, R-88-25 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. (lst Agenda 3/2/88, 2nd Agenda 4/6/88) 12 20. Attorney Palmer noted that the word AMPS was amended to VOLTS in the job description. Attorney Palmer read Resolution No. R-88-25 by title only. MOTION by Vallone/Metcalf I move we adopt Resolution No. R-88-25 as read by the City Attorney by title only. ROLL CALL: Councilman Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION CARRIED. MOTION by Vallone/McCarthy I move adjourn the April 13, 1988 regular meeting. VOICE VOTE on the motion carried 5-0. Mayor Votapka adjourned the meeting at 10:17 P.M. Minutes were approved at the Regular Meeting on April 27, 1988. ATTE S T: City C~erk Mayor 13