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