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HomeMy WebLinkAbout11181987L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 58945330 Kathryn M. O'Halloran City Clerk SEBASTIAN CITY' ~QUNCIL REGULAR MEETIR~ WEDNESDAY, NOVEMBER 18, 1987. ~ 7;00 CITY COUNCIL CHAMBER~ 122~ MAIN STREET, SEBASTIAN, FLQRIDA 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 McCarthy led the Pledge of Allegiance. Invocation was given by Reverend R. Harold Lee - First Baptist Church of Sebastian. 4. ROLL CALL Present: Vice Mayor Kenneth Roth Councilman Robert McCarthy Councilman George Metcalf Councilman Peter Vallone Mayor L. Gene Harris Attorney Thomas Palmer 5. PROCLAMATIQ~S A~D/OR ANNOUNCEMENTS Mayor Harris announced the Planning and Zoning Commission meeting on December 3, 1987, and the remaining City Council meetings for the month on December 9 and 16, 1987. Mayor Harris requested that the possible hiring of outside counsel for the Nappi hearing be made an agenda item. 87.247 MOTION by Vallone/McCarthy I move we add "Possible Hire of Outside Counsel for Nappi Hearing" to this agenda under New Business. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Mayor Harris introduced the acting Public Works director Jerome Thomas. A. P~esentation of Pla~ - Ray Thompson Mayor Harris presented a plaque and certificate to Ray Thompson, retired Code Enforcement Inspector for the City of Sebastian. Presen%atiQn of Plaque - ~ Dominix~ Construc_tion Board Mayor Harris presented a plaque and certificate to Dick Dominix for his service on the Construction Board. 6. PUBLIC HEARING, FINAL ACTION A. ORDINANCE NO. 0-87-18 (Public Hearing, Final Action) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 20A-6.1 (14) OF THE LAND DEVELOPMENT CODE AND THEREBY PLACING FURTHER RESTRICTIONS ON HOME OCCUPATIONS; PROVIDING AN EFFECTIVE DATE. (lst Reading 10/28/87, advertised 11/9/87) Attorney Palmer read Ordinance No. 0-87-18 by title only. Mayor Harris opened the Public Hearing at 7:10 P.M. Marge Szeluga questioned whether there is a list of occupations which are allowed in the home and suggested a limit be placed on home licenses. Mayor Harris closed the Public Hearing at 7:12 P.M. MOTION by Metcalf/McCarthy I move we adopt Ordinance 0-87-18 as read by '~he City Attorney by title only. Vice Mayor Roth questioned if the Ordinance had been changed since first reading. Attorney Palmer said it had not. ROLL CALL: Vice Mayor Roth - aye Councilman McCarthy - aye Councilman Metcalf - aye Councilman Vallone - aye Mayor Harris - aye MOTION CARRIED. 7. COMMITTEE REPORTS Councilman Metcalf said he attended the Transportation Planning Committee for Vice Mayor Roth. Regarding the traffic study for 512 and Barber he said that four recommendations had been made as follows: 1) Install pavement markings on Barber Street 2) Erect stop ahead signs on Barber Street 3) Improve street lighting 4) Widen Barber Street north of 512 from 19 to 24 feet 8. PUBLIC INPUT ON ~ENDA ITEMS Mayor Harris opened the Public Input at 7:19 P.M. Arthur Lemire urged Council to table the million dollar line of credit until another referendum vote can be held. Peg Rondeau corrected misconceptions surrounding the proposed North County library by stating an architect had been hired, groundbreaking would be in August of 1988 and construction would begin in late 1989. A gentleman (name inaudible) requested that items 87.231 and 87.264 be held until a City Manager is on board. Pat Flood recommended that the million dollar line of credit be placed back on the ballot. He also suggested that instead of accepting the donation of property at Chesser Gap a second story be added to the Sebastian River Library when the property reverts back to the City because, in his opinion, if the City accepts the property and decides down the road it is not the proper place for a police station the property, according to the deed would revert back to the corporation. 3 Attorney Palmer said there is no reverter clause in the deed. He said the City can sell land and building with it at that time and if the City wants that point clarified it can be done. Councilman Vallone asked if Candy Cane Park can be used for anything other than a park facility. Attorney Palmer said there were stringent restrictions on 'the property and the deed was in the City Clerk's office. 9. CONSENT AGENDA ae Approval of Minutes: 10/27/87 Special Meeting, 10/28/87 Regular Meeting, 11/4/87 Special Meeting, 11/4/87 Regular Meeting Be Model Home Conditional Use Permit Request - Baron Homes - Lot 18, Block 272, Unit 10, Sebastian Highlands R-87-72 - Abandonment of Easement - Hall - Lot 13, Block 339, Unit 13, Sebastian Highlands R-87-75 - Abandonment of Easement - Lots 3, 4, 5, 6 of Roseland Acres - United Church of Christ E® R-87-77 - Abandonment of Easement - Lots 14 & 15, Block 405, Unit 11, Sebastian Highlands Fe Request from Salvador Cantu, Fellsmere for Community Center on November 21, 1987 - Alcoholic Beverage and Admission Fee MOTION by Roth/McCarthy I move we approve Consent Agenda items (B) Model Home Conditional Use Permit Request - Baron Homes - Lot 18, Block 272, Unit 10, Sebastian Highlands (C) R-87-72 - Abandonment of Easement - Hall - Lot 13, Block 339, Unit 13, Sebastian Highlands (D) R- 87-75 - Abandonment of Easement - Lots 3, 4, 5, 6 of Roseland Acres - United Church of Christ (E) R-87-77 - Abandonment of Easement - Lots 14 & 15, Block 405, Unit 11, Sebastian Highlands VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Councilman Metcalf said regarding Item A Approval of Minutes 10/27/87, in his opinion correct procedures had been followed according to Florida Statutes. He also said correct procedures were not followed in the hiring of Jerome Thomas, acting Public Works Director. He said Jerome Thomas' title should read "Acting Public Works Director" instead of "Engineering/Public Works Director". MOTION by Vallone/Metcalf I move we amend page 8 of the 11/4/87 minutes to change "Engineering/Public Works Director" to "Public Works Director". VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. MOTION by McCarthy/Roth I move we approve Consent Agenda item A as amended. VOICE VOTE : Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Discussion followed on allowing private parties to charge admission to functions at the Community Center or Yacht Club. MOTION by Vallone I move we deny Item (9) (F) Request from Salvador Cantu, Fellsmere for Community Center on November 21, 1987 - Alcoholic Beverage and Admission Fee based on lack of specific information on the charging of the admission fee. MOTION died for lack of a second. Vice Mayor Roth said Council did not have the authority to deny the request. Councilman Vallone recommended that Council look into the criteria for rental. 87.261 87.074 Attorney Palmer said that Council can amend the Resolution and state that only tax exempt organizations can charge admission fees. MOTION by McCarthy/Roth I move we approve Consent Agenda Item (9) (F) Request from Salvador Cantu, Fellsmere for Community Center on November 21, 1987 - Alcoholic Beverage and Admission Fee ~ on laok ~f gpecifi~ information ~m 't~c ~ha~91~9 ~f the a~mi~gion loc. _.~ ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Councilman Vallone - nay Vice Mayor Roth - aye Mayor Harris - aye MOTION CARRIED. 10. OLD BUSINESS: A. PUBL IQ WORKS 1. Speqif[cations for Mowtrim Mayor Harris said Jerome Thomas asked that this item be held until he can research it. B. Discussion L Revised Airport Master Plan Attorney Palmer said that at the meeting at the FAA on November 17, 1987, the following four points were considered. 1) That the City limit foreseeable development to the west side and reserve land to the east side for future use. Attorney Palmer said the FAA said they would accept this. 2) That the planner had said the City is legally obligated to install more lights. Attorney Palmer said the FAA said it is up to a vote of the City Council. 3) The FAA said they would not take action on the current City touch and go ordinance although they didn't like it. 4) Regarding the relocation of J & S Aviation if and when the City may utilize its current site, the FAA gave no negative commentary on -the City putting in this clause. MOTION by McCarthy/Roth I move we initiate a new Charter provision to adopt the new Sebastian Airport Master Plan to make it necessary to call a referendum vote on all further expenditures at the airport. MOTION and SECOND AMENDED To instruct the City Attorney to draft the language to initiate a new Charter provision to adopt the new Sebastian Airport Master Plan to make it necessary to call a referendum vote on all further expenditures at the airport. ROLL CALL on the amendment: Councilman Vallone - nay Vice Mayor Roth- aye Councilman McCarthy - aye Councilman Metcalf - nay Mayor Harris - aye ROLL CALL on the amendment carried. ROLL CALL on main motion: Vice Mayor Roth - nay Councilman McCarthy - aye Councilman Metcalf - nay Councilman Vallone - nay Mayor Harris - nay ROLL CALL on the motion failed. Councilman McCarthy said that since the final draft presented by Post, Buckley was not what Council ordered Mr. Goff to do he would like to see him replaced. John Van Antwerp defended Mr. Goff saying the letter he received from the City lacked some communication and contained ifs and what ifs. Mayor Harris agreed with Mr. Van Antwerp. Mayor Harris said he was drafting a letter to Post, Buckley to add new items to the Master Plan and would bring it back to Council for their review. 7 87.231 87.171 RESOLUTION NO. R-87-73 (lst Reading, Set Public Hearing) (Revised Draft) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, CHANGING THE PAY RANGES OF VARIOUS CITY EMPLOYEES AND ADDING PAY RANGES FOR THE VEHICLE MAINTENANCE FOREMAN, CODE ENFORCEMENT OFFICER, ENGINEERING TECHNICIAN, CHIEF BUILDING INSPECTOR AND BY AMENDING SECTION I, PART V, OF THE CITY'S STANDARD OPERATING PROCEDURE; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Resolution No. R-87-73 by title only. MOTION by Roth/Metcalf i move we accept the first reading of Resolution No. R-87-73 and set it for Public Hearing on December 9, 1987. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. D. Million Dollar Line of Cred$~ - Vice Mayor Ro%h Vice Mayor Roth said that since he was on the deciding vote on the previous motion to deny the million dollar line of credit, he had decided to bring the item back for consideration. He said he stands behind his statements that the City needs funds for streets and drainage. MOTION by Roth/McCarthy I move we accept the million dollar line of credit. Councilman Vallone said since the motion to deny was approved this could only be a discussion to bring the item back to the table. Attorney Palmer said if Council wishes to overrule a former action and since the application for the line of credit is still pending it may do so. MOTION by Metcalf/Vallone I move we table until the December 2, 1987, workshop. ROLL CALL: (on the motion to table) Vice Mayor Roth - nay Councilman McCarthy - nay Councilman Metcalf - aye Councilman Vallone - aye Mayor Harris - nay MOTION FAILED. Councilman Vallone urged Council to defeat the motion to approve the line of credit and put it back on the ballot for the voters to decide on accepting it for funding for streets and drainage. ROLL CALL: (on the motion to approve the line of credit) Councilman Vallone - nay Vice Mayor Roth - aye Councilman McCarthy - aye Councilman Metcalf - nay Mayor Harris - Aye MOTION CARRIED. 11. ~AYOR'S MATTERS Mayor Harris advised Council that there has been a grievance filed by the CWA regarding the Council denial of the job descriptions for Building Maintenance Technician and Heavy Equipment Operator and the matter has gone to arbitration. 12. ~0UN~IL MATTERS Councilman Vallone requested "Numbering Street Addresses - Curbs on U.S. 1 and Main Street" as a December 2, 1987, Workshop agenda item. Councilman Vallone requested that Mayor Harris look into the costs for the preparation of city base maps and Mayor Harris said he would report back at the December 2, 1987, Workshop. Mayor Harris said he would present a request from Ralph Smith for a special meeting with Council at the December 2, 1987, meeting. Councilman McCarthy, regarding affidavits by Police Officers, said it must never be a policy of the City of Sebastian that officers seek out Councilmembers for DUI and recommended that this matter be looked into and necessary steps should be taken with those responsible. 87.260 Councilman Metcalf requested "Discussion - Council/Manager - City Manager Responsibilities" as a December 2, 1987, Workshop agenda item. 13. CITY ATTORNEY MATTERS None. Recess was called at 8:55 P.M. and the meeting recalled at 9:04 P.M. All Council members were present at recall. 14. NEW BUSINESS Possible Hiring of Outside Counsel for Nappi He,ring MOTION by Vallone/McCarthy I move we instruct Mayor Harris to hire special counsel for the Nappi hearing and come back to Council for appr ov al. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Vice Mayor Roth - Aye Mayor Harris - Aye MOTION CARRIED. ORDINANCE NO. Q-~7-26 (lst Reading, Set Public Hearing) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, IN EFFECT ADOPTING THE INDIAN RIVER COUNTY ANIMAL CONTROL ORDINANCE AND REPEAL OF CHAPTER 5 ANIMALS AND FOWL (SEBASTIAN CODE 1970 ed.); AND ENACTING OF NEW SECTION 5-1, BIRD AND WILDLIFE SANCTUARY. Attorney Palmer read Ordinance No. 0-87-26 by title only. MOTION by Vallone/Metcalf I move we accept the first reading of Ordinance 0-87-26 and set it for Public Hearing on December 9, 1987. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. 10 87.259 87.270 B. RESOLUTION NO. R-87-68 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING RESOLUTION NO. R-86-29, ADOPTED JUNE 4, 1986, THEREBY CHANGING RULE NO. 19 OF THE RENTAL RATES FOR THE USE OF THE SEBASTIAN COMMUNITY CENTER, AND THE SEBASTIAN YACHT CLUB; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Resolution No. R-87-68 by title only. MOTION by Vallone/Metcalf I move we adopt Resolution No. R-87-68 as read by the City Attorney, by title only. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Vice Mayor Roth - Aye Mayor Harris - Aye MOTION CARRIED. ORDINANCE NO~ 0-87-27 (lst Reading, Set Public Hearing) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 2-108 OF THE CODE OF ORDINANCES AND THEREBY ADDING SERVICE ON A MEMBER OF THE ALLEGED VIOLATOR'S FAMILY AND PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION AS ADDITIONAL METHODS OF SERVICE OF NOTICES PERTAINING TO THE CODE ENFORCEMENT BOARD. Attorney Palmer read Ordinance No. 0-87-27 by title only. MOTION by Vallone/McCarthy I move we accept the first reading of Ordinance No. 0-87-27 and set for Public Hearing on December 9, 1987. Vice Mayor Roth requested clarification on whether the notice went out to surrounding property owners. Attorney Palmer told him the notice went to the alleged violator. 11 87.264 87.271 87.272 87.273 VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Possible Draft of Q~din~jl~ on Employee Salary Increases - MayQr H~ris Mayor Harris said he and Attorney Palmer were working on this item. E. ~QLERK Request for Removal of City Records tO Florida Data Bank MOTION by Metcalf/Vallone I move we approve the request of the City Clerk to remove city records to Florida Data Bank. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. F. PQLI~E DEPARTMENT Reques~ .to Bid - Eleven Portable Radios as per Union CQnt~g~ This item was withdrawn by Chief Carter for further inventory of the existing radios. Requast from Sebastian General Partnership. B~F.T,, for ~he C_i~ t__qo Formally Accept ~he DQ~ion of Propert~y and JLb_q Terms of the Property Deed ~ Chesse[~ Jim Gallagher, Sebastian General Partnership, B.F.T., withdrew his request for the City to formally accept the donation of property until the City can do a feasibility study on the police station. MOTION by Roth/Vallone I move we reject 'the offer of property at Chesser Gap to the City per request of Sebastian General Partnership, B.F.T. 12 87.274 87.275 Councilman McCarthy said he hoped the Council would go along with the donation of property. He urged Council to vote against the motion. Mayor Harris said a motion to withhold acceptance of the property would be better. Jim Gallagher said he had instructions to withdraw the offer for the benefit of the City. He said since there are no immediate plans for the property at Chesser Gap the parties could talk when the City is receptive to the offer. ROLL CALL: Councilman McCarthy - Nay Vice Mayor Roth - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Nay MOTION CARRIED. R~quest ~rom Reverend Harold Lee, Firs~ Baptist Church of Sebastian - Disc~s~ Drug and A%cohol Prog~a~ (Chemical D~Dendency) t__o Be~in January 1988 Reverend Lee spoke briefly on a new drug and alcohol program being established by the Church and asked Mayor Harris and the Chief of Police to attend their first meeting on January 14, 1987. I. PLANNING AND ZONING COMMISSION Recommendation ~ Amendment to the 5oDing Ordinance ~ CL ~ Permitte~ U~$ - To A~ow HQusehQld Merchandis~ Showrooms With No WarehQusing The Building Official said that this request was made to allow in zone CL512 a business appliance showroom on an order only basis with no deliveries or warehousing in the Cumberland Farms Building. Attorney Palmer said this would entail amending only one sentence of the current code. MOTION by Metcalf/Vallone I move we accept the recommendation of Planning and Zoning to amend the zoning ordinance to allow household merchandise showrooms with no warehousing in CL 512. 13 87.276 87.277 ROLL CALL: Councilman Vallone - Aye Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Mayor Harris - Aye MOTION CARRIED. Attorney Palmer said he would draft the Ordinance. Recommendation - Appoint~gnt of Shi][l~jf Kilkelly from Alternate ~o Permanent ~em~e[ MOTION by Vallone/Metcalf I move we accept the recommendation of Planning and Zoning and appoint Shirley Kilkelly as permanent member to the Planning and Zoning Commission. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. e Recommendation m Rezoning and Land Use Change Lo~s ~ t 6 - Edgewate~ Park Subdivision - from COR to CG - Morrison MOTION by Metcalf/Vallone i move we accept the recommendation of Planning and Zoning to rezone and change land use for lots 5 & 6, Edgewater Park Subdivision for COR to CG for Morrison. VOICE VOTE: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Attorney Palmer said he would draft the ordinances. 14 87.278 87.279 Je Rgqu~s_~ from MOs~N and Associates on Behalf o__f Sebastian Genera% Partner_ship. B.F.T., for Time Extension for Submission of Developmental Plan for Chesser Gap to Eighteen Months after City Adoption of Revi~ed Tho£ough- fare Plan Jim Gallagher, Sebastian General Partnership, B.F.T., made the request for the time extension for submission of the preliminary developmental plan for Chesser Gap to eighteen months after the City adopts the Thoroughfare Plan. Councilman Metcalf said he checked with the Department of Community Affairs and was told this project required a DRI. Mayor Harris said whether or not it needed a DRI had nothing to do with this current request. MOTION by Roth/McCarthy I move we approve the Request from Mosby and Associates on Behalf of Sebastian General Partnership, B.F.T., for Time Extension for Submission of Preliminary Developmental Plan for Chesser Gap to Eighteen Months after City Adoption of Revised Thoroughfare Plan. ROLL CALL: Councilman Vallone - Nay Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Mayor Harris - Aye MOTION CARRIED. K. BOARD QF ADJUSTMENT 1. Request to Increaae ApDlication ~ Louis Priore, Vice Chairman of the Board of Adjustment, recommended the fee be increased to cover costs of notifications, secretarial services and supplies. MOTION by McCarthy/Metcalf I move we raise the fee for variance applications for the the Board of Adjustment from $60 to $100. This does not apply to appeals. 15 87.280 87.281 ROLL CALL: Councilman Vallone - Aye Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Mayor Harris - Aye MOTION CARRIED. Attorney Palmer to draft resolution amending R-87-2. L. PUBLIC WORKS Reques~ to Bid - Pickup Truck for Vehicle Maintenance MOTION by McCarthy/Metcalf I move we go to bid on a 3/4 ton standard pickup truck as requested by the Vehicle Maintenance Foreman. Councilman Vallone said the existing truck was sufficient. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Nay Mayor Harris - Aye MOTION CARRIED. Request from Silverman-Lohman Gr@up - ~QpQaed Purchase ~ Operation of Sebastian City After a presentation by Mr. Lohmann and Mr. Silverman the following motion was made. MOTION by Vallone/McCarthy I move that the City intends to sell the cemetery and is inviting proposals. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. 16 87.282 Request Coungil ~Q~pliance with Florida State Statute 287.055 - CQunQilman Metcalf Councilman Metcalf presented a legal ad showing that, in his opinion, Vero Beach is following Florida State Statute 287.055. 15. Mayor Harris adjourned the meeting at 10:30 P.M. Minutes were approved at the Regular City Council Meeting on December 16, 1987. ~ ~~_ ATTEST: City ~erk 17