HomeMy WebLinkAbout12141988 MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 14, 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.
Jerry Thomas led the Pledge of Allegiance.
Invocation was given by Reverend Donald Swope,
Sebastian Presbyterian Church.
4. ROLL CALL
Present:
Vice Mayor Kenneth Roth
Councilman Peter Vallone
Councilman Robert McCarthy
Councilman George Metcalf
Mayor Richard Votapka
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Finance Director, Carol Carswell
Acting Public Works Director, Jerry
Thomas
Chief of Police, Earl Petty
City Clerk, Kathryn O'Halloran
Deputy Clerk, Sally Maio
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
The City Manager advised that further review was needed
on Ordinance No. O-88-19 and asked that it be withdrawn
from the agenda.
MOTION by Roth/McCarthy
I move we remove Ordinance No. O-88-19 (Nuisance)
from the agenda and refer it to the City Attorney for
further review of nuisance definition.
MOTION and SECOND were withdrawn.
MOTION by Metcalf/Vallone
I move we hold the public hearing on Ordinance No. 0-
88-19, defer action to a later date and refer it to the
City Attorney for further review of nuisance definition.
VOICE VOTE on the motion carried 5-0.
Mayor Votapka requested that item (7)(B) Proclamation for
Lanny Schnipper be moved ahead of Consent Agenda and that
item (7)(A) Proclamation for Kenneth Fucci be removed
from the agenda.
MOTION by Roth/McCarthy
I move that item (7)(B) Proclamation for Lanny
Schnipper be moved ahead of Consent Agenda and that item
(7)(A) Proclamation for Kenneth Fucci be removed from the
agenda.
VOICE VOTE on the motion carried 5-0.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Award Proclamation to Lanny Schnipper, Eagle
Scout 1988
Mayor Votapka read and presented a proclamation to Lanny
Schnipper for his outstanding achievement in earning the
rank of Eagle Scout in 1988.
7. CONSENT AGENDA
ae
Approve Minutes - 11/30/88 Regular, 12/5/88
Special, 12/7/88 Regular
Be
Request for Community Center - Hale Groves
Christmas Party - A/B - 12/23/88
Request for Community Center - Kristan Rogers -
A/B - 1/7/89
2
88.167
88.197
88.177
Request for Use of Riverview Park - Craft Club
first Saturdays in January, February, March,
April 1989 - rain date - fOllowing Sunday (will
deposit $100 security)
Resolution No. R-88-76 - Lot 6 & 7, Block 192,
Unit 6, SH - Abandonment of Easement
F. RESOLUTION NO. R-88-77 - Thoroughfare Plan
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA PERTAINING TO THE CORRIDOR ANALYSIS
FOR COUNTY ROAD 512 AND THE THOROUGHFARE PLAN FOR THE
CITY OF SEBASTIAN, FLORIDA AS PREPARED BY KEITH AND
SCHNARS, P.A. AND DATED NOVEMBER, 1988; CONCURRING
WITH SAID CORRIDOR ANALYSIS AND THOROUGHFARE PLAN;
ENCOURAGING THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY TO RETAIN AN EXISTING GRADE
CROSSING ON OLD DIXIE HIGHWAY; AMENDING THE STUDY TO
INCLUDE A VEGETATIVE SCREENING ALONG A PORTION OF CR
512; ENCOURAGING THE BOARD OF COUNTY COMMISSIONERS TO
UTILIZE REVENUES IN ADDITION TO LOCAL IMPACT FEES;
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Votapka read the Consent Agenda in its entirety.
Vice Mayor Roth removed Consent Agenda item (A).
Councilman McCarthy removed Consent Agenda items (D) and
(F).
MOTION by Roth/Vallone
I move we approve Consent Agenda items (B) Request
for Community Center - Hale Groves Christmas Party - A/B
- 12/23/88, (C) Request for Community Center - Kristan
Rogers - A/B - 1/7/89, 88.197 and (E) Resolution No. R-
88-76 - Lot 6 & 7, Block 192, Unit 6, SH - Abandonment of
Easement.
VOICE VOTE on the motion carried 5-0.
Vice Mayor Roth questioned the 11/30/88 minutes, page 10,
3rd paragraph, whether Sebastian Lakes was "contributing"
to signalization or "paying" for signalization. He
requested that this point be clarified as to what was
requested by Planning and Zoning. (The Planning and
Zoning recommendation dated 11/4/88 states, "The
developer shall concur with Indian River County in order
to determine sufficient funds needed for complete
signalization of the intersection of CR 512 and Roseland
Road. This money to be put in escrow prior to the
issuance of any building permits in the commercial
zone." The statement by Daryl McQueen at the 11/30/88
Regular Council meeting was ""in the recommendation of
3
Planning and Zoning we as the landowner now, not the
shopping center development, we are obligated to work
out, upon your approval of this tonight, an agreement
with Jim Davis whereby we will put into his fund a
contribution for the construction of that light". (CR 512
& Roseland Road). Ordinance No. 0-88-45 reads, "A. The
Applicant shall transfer funds to an escrow account with
Indian River County, Florida, in an amount sufficient to
pay for the obtaining of complete signalization of the
intersection of County Road 512 (Fellsmere Highway) and
Roseland Road, prior to the issuance of any building
permits in the commercial zone. The Applicant shall act
in good faith in working with the Planning and Building
staffs of Indian River County, Florida, in determining
the amount of funds needed for the complete signalization
of such intersection."
MOTION by Metcalf
I move we ask the City Clerk to research the tape of
the 11/30/88 regular minutes regarding discussion of
signalization on CR 512 and Roseland Road and bring it
back to the 1/11/88 regular meeting.
MOTION DIED FOR LACK OF A SECOND.
Mayor Votapka instructed the City Clerk to review 1) the
actual word used by Daryl McQueen, and 2) a review of the
Sebastian Lakes PUD amendment Ordinance No. 0-88-45 to
see what was actually passed.
Vice Mayor Roth said, regarding the 12/5/88 minutes,
page 2, roll call vote on the election of Vice Mayor,
that he had suggested that Councilman Vallone might be
out of order by not voting. The 12/5/88 minutes were
amended to reflect this statement.
Mayor Votapka said, regarding the 12/5/88 minutes, page
3, 5th paragraph, exhibit 27, that he had said "130'
right-of-way" and not "103' right-of-way"; and on page 4,
map 3, regarding the sentence "Since there is no
traffic ADT projected volume on these items the Mayor
felt that Wabasso Road (510) should be the major truck
route", he said that is not the reason why he felt that
Wabasso Road should be the major truck route but that he
was "alluding to the fact that on the Thoroughfare Plan
on Map 2 which has the ADT projected volumes for traffic
there was, the portion from 510 to 512 from 85th Street
did not have any projected ADT but he felt that Wabasso
Road from 512 to U.S. 1 should be the major truck route"
He instructed the City Clerk to review that portion of
the 12/5/88 minutes. (After review of the tape it was
decided to enclose the verbatim of the Mayor's comments
from that meeting)
4
88.167
Vice Mayor Roth questioned, regarding the 12/7/88 regular
minutes, whether the Attorney stood by his opinion
regarding the legality of the airport moratorium. Mayor
Votapka noted that this was not an amendment to the
accuracy of the actual minutes. Attorney Nash said the
minutes accurately reflect his opinion.
Attorney Nash said, regarding the 12/7/88 minutes, page
10, last paragraph, "Steven" should be changed to
"Stephen"; page 11, 2nd full paragraph, "Acting County
Attorney William Collins" should be "County Attorney,
Charles Vitunac".
MOTION by Metcalf/McCarthy
I move we defer action on the 11/30/88 regular
minutes for research by the City Clerk regarding
Sebastian Lakes, statement by Daryl McQueen in regard to
signalization.
VOICE VOTE on the motion carried 5-0.
MOTION by McCarthy/Metcalf
I move we approve the 12/5/88 special minutes as
amended, statement by Vice Mayor Roth as to abstention of
voting; discussion by Mayor Votapka as to use of
Wabasso Road as major truck route; and amendment of
"103'" to "130'" after review of the tape.
VOICE VOTE on the motion carried 5-0.
MOTION by McCarthy/Metcalf
I move we approve the 12/7/88 regular minutes as
amended by Attorney Nash.
VOICE VOTE on the motion carried 5-0.
Request for Use of Riverview Park - Craft Club
first Saturdays in January, February, March,
April 1989 - rain date - following Sunday (will
deposit Sl00 security)
Councilman McCarthy expressed concern for the lack of a
specific plan for use of Riverview Park by organizations.
The City Manager was instructed to work with staff to
make a recommendation to the City Council regarding a
plan.
Cindy and Fred Anderson, Craft Club, explained their
request.
88.177
MOTION by Metcalf/Roth
I move we approve the request for use of Riverview
Park by the Craft Club on 1/7/89, 2/4/89, 3/4/89 and
4/1/89 with raindates the following Sunday and deposit of
a $100 security deposit.
Attorney Nash cautioned Council against setting a
precedent by regularly providing use of the park by
organizations which are profit making.
VOICE VOTE on the motion carried 4-1 - McCarthy - nay
F. RESOLUTION NO. R-88-77 - Thoroughfare Plan
Councilman McCarthy expressed concern for the use of all
district 3 impact fees for CR 512, with nothing left for
other roads in the plan which would have to be funded by
the city.
The City Manager said he would like to amend the
resolution and request that the County modify its twenty
year Major Thoroughfare Plan to include streets
identified in the Thoroughfare Plan prepared by Keith &
Schnars.
MOTION by Vallone/McCarthy
I move we defer action on Resolution No. R-88-77 to
the 1/4/89 workshop and authorize the City Manager to
discuss with the County Commission those items he
presented at this meeting.
The City Manager requested broader discretion as to whom
he deals with at the County level.
MOTION and SECOND were withdrawn.
MOTION by Vallone/McCarthy
I move we defer action on Resolution No. R-88-77 to
the 1/4/89 workshop and request the City Manager to
contact the County for clarification of his concerns.
Councilman McCarthy requested that if further information
is not forthcoming for the 1/4/89 workshop, it be
postponed until available.
VOICE VOTE on the motion carried 5-0.
6
88.047
8. PUBLIC HEARING, FINAL ACTION
A. ORDINANCE NO. O-88-15 - Landscaping
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 FOR AN
EFFECTIVE DATE. (lst reading 11/9/88, Advertised
11/30/88, PH 12/14/88)
Attorney Nash read Ordinance No. O-88-15 for the second
time by title only.
Mayor Votapka opened the public hearing at 8:25 p.m.
The Director of Community Development explained the
ordinance.
There was no public input, therefore, Mayor Votapka
closed the public hearing at 8:27 p.m.
MOTION by Metcalf/McCarthy
I move we adopt Ordinance No. 0-88-15 as read by the
City Attorney by title only.
7
88.056
ROLL CALL:
Vice Mayor Roth - aye
Councilman Vallone - aye
Mayor Votapka - aye
Councilman McCarthy - aye
Councilman Metcalf - aye
MOTION CARRIED 5-0.
B. ORDINANCE NO. O-88-17 - Parking
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 AN EFFECTIVE DATE. (lst Reading 11/9/88,
Advertised 11/30/88, PH 12/14/88)
Attorney Nash read Ordinance No. 0-88-17 for the second
time by title only.
Mayor Votapka opened the public hearing at 8:32 p.m.
The Director of Community Development explained the
ordinance.
There was no input from the public, therefore, Mayor
Votapka closed the public hearing at 8:33 p.m.
MOTION by Roth/Metcalf
I move we adopt Ordinance No. 0-88-17 as read by the
City Attorney by title only.
Vice Mayor Roth said he objected to the use of compact
car parking spaces.
8
88.088
Mayor Votapka requested that the ordinance be amended by
adding to page 3, number (3)(a) and (3)(b) the word
"standard" in front of the words "concrete" and "or other
types as approved by the City" after the words
"wheel stops".
Discussion took place on the definition of "standard" and
as a result the words "pre-cast" was added after the
added word "standard".
MOTION by Metcalf/McCarthy
I move we amend the main motion to add to page 3,
(3)(a) and (3)(b) the words "standard pre-cast" before
and "or other types as approved by the City" after the
words "concrete wheel stops".
ROLL CALL:
(amendment)
Mayor Votapka - aye
Councilman McCarthy - aye
Councilman Metcalf - aye
Vice Mayor Roth - nay
Councilman Vallone - aye
MOTION CARRIED 4-1 - Roth - nay
ROLL CALL: (main motion)
MOTION CARRIED 5-0.
Councilman McCarthy - aye
Councilman Metcalf - aye
Vice Mayor Roth - aye
Councilman Vallone - aye
Mayor Votapka - aye
C. ORDINANCE NO. O-88-19 - Nuisance
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 Reading 11/9/88, Advertised 11/30/88,
Public Hearing 12/14/88)
Attorney Nash read Ordinance No. 0-88-19 for the second
time by title only.
Mayor Votapka opened the public hearing at 8:47 p.m.,
however, there being no input from the public, he closed
the public hearing at 8:47 p.m.
MOTION by Roth/Vallone
I move we refer Ordinance No. O-88-19 to the City
Attorney for further clarification to be brought back to
Council.
ROLL CALL:
Councilman Metcalf - aye
Vice Mayor Roth - aye
Councilman Vallone - aye
Mayor Votapka - aye
Councilman McCarthy - aye
MOTION CARRIED 5-0.
9. PUBLIC INPUT
None.
10. COMMITTEE REPORTS/RECOMMENDATIONS
Councilman Metcalf said that the Transportation Planning
Committee received a letter from DOT stating that a left
turn signal was not 3ustified at the intersection of U.S.
1 and Schumann Drive; that funds are available for
acquisition programs and requested that any suggested
pro3ects related to watershed be submitted to the City
Clerk for the Watershed meeting on 1/5/89; and said that
five videotapes are available from the Stormwater
Management Symposium he had attended at a cost of $68.00.
MOTION by Metcalf/Roth
I move we amend the agenda to add a request to
purchase five videotapes at a cost of $68.00.
VOICE VOTE on the motion carried 5-0.
MOTION by Metcalf/McCarthy
I move we authorize the City Clerk to purchase five
videotapes of the Stormwater Management Symposium at a
cost of $68 to be kept in the City Clerk's office.
ROLL CALL:
Vice Mayor Roth - aye
Councilman Vallone - aye
Mayor Votapka - aye
Councilman McCarthy - aye
Councilman Metcalf - aye
MOTION CARRIED.
Mayor Votapka called recess at 9:00 p.m. and reconvened
the meeting at 9:10 p.m. All members present at recess
were present at recall.
10
89.001
11. CITY MANAGER MATTERS
A. 1989 Goals and Objectives
The City Manager presented his goals for 1989 as stated
in his memo dated 12/9/88.
Mayor Votapka suggested adding to the list the removal of
the Clivus Multrum from Riverview Park and as a long term
goal the construction of a boardwalk or side walk with
old time decorative light standards on the east side of
Indian River Drive.
B. Other Matters
The City Manager said Harris Sanitation will roll back
its rates to $4.25 in January, but will come to Council
for an increase back to $6.90; Treasure Coast Refuse will
come back to Council for its rate increase request at a
future agenda; and U.S. #1 construction adjacent to St.
Sebastian has been completed and no further traffic
assistance will be needed.
12. MAYOR'S MATTERS
Mayor Votapka addressed the recently distributed Citizens
Airport Watch newsletter. He said he was (1) receptive to
meeting with Attorney John Evans to discuss "swap"
materials, (2) would not commit to expending taxpayers
money for airport relocation, and (3) would not consider
a high school at the airport at this time since this is
not a short term solution to the high school site
location.
The City Manager concurred with the Mayor regarding the
high school site.
13. COUNCIL MATTERS
A. VICE MAYOR ROTH
Vice Mayor Roth said he felt the FAA would be happy to
turn land over to the city for an education facility.
B. COUNCILMAN VALLONE
Councilman Vallone said the Governor was looking into
drug testing for elected officials and charter officers.
C. COUNCILMAN MCCARTHY
Councilman McCarthy said, for the record, that he
disagreed with the Mayor and City Manager regarding the
airport as a high school site.
11
88.199
88.200
D. COUNCILMAN METCALF
Florida League of Cities Position on State
Mandates
Councilman Metcalf said the FLC is working on a
referendum to provide partial funding to cities for state
mandated programs. He requested that Council mail in
forms included in their agenda packets to FLC to support
this referendum.
2. Proposed Ordinance Re: City Budget
After some discussion on the proposed ordinance, modeled
on repealed Sebastian Ordinance No. 0-84-17, the Mayor
asked Councilman Metcalf to meet with the City Manager to
discuss it and place it on a future workshop.
14. CITY ATTORNEY MATTERS
Opinion Re: Enclaves (re: items 88.180, 88.181
and 88.182
Attorney Nash said, in his opinion, that the annexations
involved in Ordinance Nos. 0-88-34, 0-88-37 and 0-88-40
do not create an enclave.
Mayor Votapka noted that the land use amendment
ordinances in conjunction with these annexations can now
be forwarded to Department of Community Affairs, and
following some discussion of right-of-way, instructed the
Director of Community Development to contact Les Solin to
request comment as to possible conditions to the rezoning
of these parcels particularly the access problem.
MOTION by Metcalf/McCarthy
I move we amend the agenda to add approval for the
City Manager to contact the City Planner.
VOICE VOTE on the motion carried 5-0.
MOTION by Metcalf/Vallone
I move we authorize the City Planning Consultant, Les
Solin, to evaluate reasonable conditions which may be
attached to the rezoning of the three parcels being
considered.
ROLL CALL:
Councilman Vallone - aye
Mayor Votapka - aye
Councilman McCarthy - aye
Councilman Metcalf - aye
Vice Mayor Roth - aye
MOTION CARRIED 5-0.
12
88.201
88.176
Discussion Re: Abstention From Voting
(FS Section 112.3143)
Attorney Nash said that as a result of the minutes of
the 12/5/88 special meeting minutes he brought this item
to this agenda to clear up any confusion as to the law on
voting abstention. He stated that according to 286.012
no abstention is allowed except as described in FS 112.311,
112.313, 112.314, 112.315, 112.316 which generally
involve financial interest that would benefit a voting
member.
For the record, Councilman Vallone nominated and voted
for himself for Vice Mayor.
Discussion of the attorney's opinion on the airport
moratorium was placed on the 1/4/89 workshop agenda.
C. Charter Fishing Boat Insurance Requirements
After a very brief discussion of incurring the cost of
research, it was decided not to pursue this matter.
MOTION by Vallone/Metcalf
i move we extend the meeting five minutes.
ROLL CALL:
Councilman Vallone - aye
Mayor Votapka - aye
Councilman McCarthy - aye
Councilman Metcalf - aye
Vice Mayor Roth - aye
MOTION CARRIED.
Attorney Nash said that due to receipt by him of
additional documentation regarding the Indian River
County water and sewer franchise, it is now his opinion
that the county does have a valid franchise.
He went on to express concern for who was supplying
utilities for residents of Lake Delores. He said there
has been a motion filed for in3unctive relief by the
attorney for Nelson Hyatt, for which a hearing will be
held in Indian River county in January and if the 3udge
finds in favor of the motion it will preclude Lake
Delores Utilities and Cable Television Systems, Inc. from
collecting fees. He said he would like to investigate
the possibility of the city intervening in the motion to
voice its concerns for the welfare of its residents and
requested authority from Council to allow him to take
whatever legal action he deems necessary but keep Council
apprised.
13
MOTION by Vallone/Metcalf
I move we add Attorney Nash's request to the agenda.
VOICE VOTE on the motion carried 5-0.
MOTION by Vallone/Metcalf
I move we amend the motion made at the December 7,
1988, regular meeting, to authorize the City Attorney to
take whatever legal action he deems necessary to protect
the welfare of the residents of Lake Delores regarding
water and sewer utilities and to keep the Council
apprised.
VOICE VOTE on the motion carried 5-0.
15. Mayor Votapka adjourned the meeting at 10:35 p.m.
Approved at the January 11, 1989 Regular Council Meeting.
6 Halloran, City Clerk
Richard B. Votapka, Mayor
14
VOTAPKA: I WOULD LIKE TO REFER TO THE NOVEMBER 18 REVISION OF THE
TRANSPORTATION REPORT BY KEITH AND SCHNARS, WHO WERE THE TRANSPORTATION
PLANNERS. AT THE BOTTOM OF PAGE 3, IT APPEARS UNDERLINED: "6 LANES
DIVIDED WITH FRONTAGE ROADS", U.S. 1 FROM BREVARD COUNTY LINE TO COUNTY
ROAD 510, WABASSO ROAD. THE COMMENT MADE: "THIS CONCEPT IS CONSISTENT
WITH THE US 1 CORRIDOR STUDY RECENTLY COMPLETED FOR THE FLORIDA DEPART-
MENT OF TRANSPORTATION". IN LOOKING THROUGH THE US 1 CORRIDOR STUDY
I FIND THAT IT iS INCONSISTENT UNLESS IT HAS BEEN CORRECTED. EXHIBIT 27
SHOWS A 4 LANE ENHANCED ARTERIAL ROUTE THROUGH SEBASTIAN AND WHAT THAT
MEANS IS THAT THE DOT ONLY PLANS ON TAKING 110' OF RIGHT-OF-WAY. WE
CURRENTLY HAVE 100' OF RIGHT-OF-WAY GOING THROUGH. MY MAJOR CONCERN IS
IF THIS HAS BEEN CORRECTED OR REVISED OR iF THE PLAhlNERS THINK...%HEY WILL
HAVE A 6 LANE ARTERIAL ROUTE THROUGH SEBASTIAN,~J~AT WOULD MEAN 105'~O
RIGHT-OF-WAY. I DON'T THINK WE CAN AFFORD TO H~E T~AT BECAUSE ~oo'LL
HAVE TO DEMOLISH A LOT OF EXISTING STRUCTURES THAT WE HAVE AROUND THE
MAIN STREET INTERSECTION WITH US 1. AS FAR AS I KNOW, THE PLAN AS IT
WAS ADOPTED BACK IN JULY, IS ACTUALLY A 4 LANE ENHANCED URBAN ARTERIAL
SECTION.
DAVIS; DOT HAS BEEN STRUGGLING WITH THE WORD "ENHANCED" ARTERIAL.
ORIGINALLY IN PLAN THERE WAS A 3 WAY CONCEPT WHERE THERE WOULD NOT BE
ANY ACCESS TO US 1 EXCEPT AT MAYBE 1 OR 2 MILE INTERVALS. THEY CAME UP
WITH THE "ENHANCED" ARTERIAL DESIGNATION TO FREE UP A LITTLE BIT ON THAT
ACCESSM BUTCERTAINLY TO IMPLEMENT WHAT THEY CALL AN "ENHANCED" ARTERIAL,
YOU WOULD HAVE TO TREMENDOUSLY CUT BACK THE ACESS OF THE ROADWAY. WHAT
WE'RE FINDING THAT THE REAL WORLD IS TELLING THE DOT IS THEY NEED TO
FREE UP A LITTLE BIT ON THAT ACCESS REQUIREMENT WHICH WOULD NECESSITATE
THEM GOING TO 6 LANES. I THINK THE CONSULTANT HAD SOME COMMUNICATION
WITH DOT AND YOU'LL FIND THAT THAT ENHANCED ARTERIAL WILL BE MORE OF A
6 LANE ARTERIAL WITH A LITTLE MORE FREQUENT ACCESS THAN THEY ANTICIPATED.
VOTAPKA: WOULD THAT INVOLVE AN ADDITIONAL TAKING ON BOTH SIDES OF THE
EXISTING RIGHT-OF-WAY?
DAVIS: IT COULD INVOLVE SOME MINOR TAKING, BUT A 6 LANE FACILITY,
USUALLY THOSE LANES ARE 12' WIDE, SO IF YOU MULTIPLY 6 X 12, YOU GET
72' OF PAVEMENT. YOU'VE GOT A MEDIAN STRIP THROUGHOUT THE CITY OF
SEBASTIAN WHICH IS A NiCE FEATURE TO HAVE FOR SAFETY PURPOSES AND I
THINK YOUR MEDIAN IS ON THE ORDER OF 22-24' IN SOME AREAS. IT VARIES,
BUT IF YOU ADD THAT 22 OR SO FEET TO THE 72, YOU WIND UP WITH CLOSE TO
100 AND YOU'VE GOT SIDEWALKS BEYOND THAT SO THERE MAY BE SOME TAKING.
SOME OF THE PARKING MAY HAVE TO BE RELINQUISHED AND AND THERE MAY HAVE
TO BE SOME MINOR WIDENING AND MAYBE EVEN ENCROACHING THE MEDIAN A LITTLE
BIT, BUT I THINK THEY CAN ACCOMMODATE IT. I DON'T THINK THEY'RE GOING
TO BE TAKING ANY BUILDINGS OR ANYTHING DRAMATIC.
VOTAPKA: THAT WAS A CONCERN I HAD, IT WOULD GO BEYOND THE 110' AND
GET INTO TAKING OF BUILDINGS WE HAVE ALONG US 1. I WOULD LiKE TO MAKE
SURE THAT THAT LANGUAGE IN THE REPORT IS CORRECT AND IS CONSISTENT.
VOTAPKA: ON PAGE 4 UNDER "FOUR LANES DIVIDED" BARBER ROAD SHOULD
BE CHANGED TO BARBER STREET. UNDER "THREE OR FOOR LANES", "CR 510
FROM CR 512 TO WABASSO ROAD", THIS IS ON THE MAP, AND IT IS SHOWN THAT
IF YOU GO FROM 512 SOUTH, IT SAYS TO WABASSO ROAD. I THINK IT WOULD
BE BETTER TERMINOLOGY FOR THE REPORT IF WABASSO ROAD SHOULD BE 85TH
STREET WHICH IT INTERSECTS COMING OUT OF VERO LAKE ESTATES. FURTHER
ON, YOU HAVE STRATTON STREET WHICH SHOULD BE STRATTON AVENUE. UNDER
"TWO LANES" WINBROW DRIVE SHOULD BE CHANGED TO WIMBROW DRIVE.
PAGE 5 - YOUR'RE TALKING ABOUT CONSIDERATIONS AND I THINK THE REPORT IS
IN ERROR. THE USE OF THE VERB "WAS" SHOULD BE "WERE" BECAUSE YOU HAVE
MANY CONSIDERATIONS. GOING DOWN TO THE 6TH CONSIDERATION, IT SHOULD BE
BARBER STREET AND BISCAYNE AVENUE SHOULD BE BISCAYNE LANE.
PAGE 11 - PHASED CONSTRUCTION - ONE OF THE CONCERNS WE HAD 5 OR 6 YEARS
AGO WAS TO CUT DOWN THE ELEVATION OF 512 WEST OF THE RAILROAD TRACKS AND
DOT DID NOT CUT DOWN AS MUCH AS WE WANTED BECAUSE THEY WANTED TO MAINTAIN
HIGH STREET WHICH ACCESSES OFF THE NORTH SIDE OF THE ROAD. I'M JUST
WONDERING iF THAT WAS CLOSED, COULD THAT ROAD BE FURTHER CUT DOWN MORE
CLOSELY TO THE LEVEL OF THE BUSINESSES THAT ARE ON THE SOUTH SIDE? IS
THERE ANY CONSIDERATION GIVEN TO THAT? IF NOT, MAYBE IT SHOULD BE.
MAP 1 - THE LEGEND SAYS: "COUNTY - URBAN COLLECTORS" BY THE INDICATION
OF THE MAP, IT SHOWS THAT SCHUMANN DRIVE FROM US 1 ALL THE WAY DOWN TO
WABASSO ROAD 510, iS A COUNTY-URBAN COLLECTOR.
DAVIS: THAT SHOULD BE "COUNTY OR CITY URBAN COLLECTOR".
MAP 2 - SHOWS A CONNECTION BETWEEN MAIN STREET AND ROSELAND ROAD ON
MY REVISED COPY AND THE PROPOSED ROUTING IS ACROSS LAKE HARDEE.
DAVIS: I THINK WE CORRECTED THAT ON THE RECOMMENDED -
VOTAPKA: YES, THE RECOMMENDATION CORRECTED IT, BUT THE MAP IS STILL
INCONSISTENT WITH THE RECOMMENDATION.
MAP 3 - SHOWS ROSELAND ROAD-LACONIA AS 4 LANES. IT ALSO SHOWS BARBER
STREET AS 4 LANES ACCORDING TO THE LEGEND. WHY SHOULD 510 WHICH IS
SOUTH ALL ALONG 90TH AVENUE FROM 512 DOWN TO WABASSO OR 85TH STREET BE
SHOWN AS 3 OR 4 LANES? THERE IS NO TRAFFIC ADT PROJECTED VOLUME ON THIS
AND MY FEELING WOULD BE THAT WABASSO ROAD 510 SHOULD BE THE MAJOR TRUCK
ROUTE. I CERTAINLY WOULD NOT WANT TRUCKS DIRECTED THROUGH THE CITY OF
SEBASTIAN THROUGH MAJOR RESIDENT%AL AREAS AND I WOULD THINK THAT WE
SHOULD MAKE THIS AREA WHERE THIS SEGMENT OF 510 4 LANES ALL THE WAY THROUGH.
IF YOU LOOK AT MAP 2 YOU HAVE 16,000 AVERAGE DAILY TRAFFIC FOR LACONIA,
24,000 FOR LACONIA, THEN YOU HAVE 31,000 FOR 510 WEST OF LACONIA. NOW
THE PORTION OF 510 FROM 512 TO 85TH STREET SHOULD BE 4 LANES, WHICH IT
IS, TO CARRY THE 31,000 ADT, UNLESS THE CONSULTANT HAS DETERMINED THAT
LESS VOLUME'WOULD BE CARRIED ON THIS PORTION. GRANTED THERE ARE TO BE
A LARGE NUMBER OF VEHICLES GOING TO THE VERO LAKES REGION WHEN IT IS
DEVELOPED, BUT I THINK THERE WILL ALSO BE A LARGE NUMBER OF VEHICLES
ACCESSING ON TO 90TH AVENUE TO TAKE ADVANTAGE OF THE SHOPPING AREAS
THAT EXIST IN ROSELAND. ALSO FACILITIES WHICH EXIST IN SEBASTIAN AND
ALSO SCHOOLS THAT EXIST. WE HAVE A LOT OF SCHOOL TRAFFIC WITH BUSES
AS WELL AS REGULAR PASSENGER VEHICLES. I THINK THAT AREA OUGHT TO BE
LOOKED AT AGAIN FROM A 4 LANE INSTEAD OF A 3 OR 4 LANE.
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DAVIS: IF YOU ENVISION THE ~R'EA WEST OF SEBASTIAN, PARTICULARLY
AROUND THE 1-95 NODE, THE COUNTY LAND USE PLAN DESIGNATES A COM-
MERCIAL-INDUST'R'IAL NODE 'AT THAT LOCATION. IF, IN THE FUTURE, WE DID
GET A REGIONAL'.".SHOPPING AREA IN TtIAT NODE, YOU MAY FIND. THAT THE
VERO LAKE ESTATES PEOPLE'MAY BE ATRACTED TO THAT NODE AND NOT GO
EASTERLY AND THERE ARE A NUMBER OF CONNECTIONS WEST OF..i'510 ON 512
THAT COULD HANDLE THAT TRAFFIC AND IT' WOULD NOT BE LOADED ON TO 510.
I THINK THAT"S WHAT THE CONSULTANTS SORT OF INDICATED BETWEEN 85TH AND
512. HE DID NOT FEEL A LARGE NUMBER OF TRIPS WOULD BE DIRECTED THAT
WAY, PARTICULARLY WHEN A COM'MERCIAL NODE IS P. LUGGED IN:~AT 1-95. I THINK
HE FELT THEY.'D GO EASTBOUND ON 510-OR WESTBOUND ON 512.WEST OF 510,
AND THAT LINK CAME UP A LITTLE BIT TO THE LEFT. OF. THAT,'SECTION.
VOTAPKA: ONE THING, TOO, I'M NOT SURE THE CONSULTANT IS AWARE. HOPEFULLY,
SOME DAY WE'LL' GET A HIGH SCHOOL IN THAT AREA AND THAT WILL CREATE A
LARGE VOLUME OF. TRAFFIC.
DAVIS: I DON'T THINK THAT LOCATION HAS BEEN DETERMINED,
VOTAPKA: I WOULD ALSO CALL YOURATTENTION TO 'PLANS A,B,C,~% IN THE REPORT
AND SUGGEST TH~tT BARBER AVENUE BE CHANGED TO STREET, BISCAYNE AVENUE BE
CHANGED TO LANE, RAILROAD RIGHT-OF-WAY BE SHOWN AS ABANDONDED AND THAT PLAN D
LABEL THE 8' WIDE BIKE PATH WHICH JUST SHOWS TWO LINES ON THE NORTH SIDE
OF THE ROADWAY'. THE BIKE PATH IS SUPPOSED TO BE ON THE. NORTH SIDE
OF 512. iT SHOWS IT BUT IT'S NOT LABELED. D IS THE RECOMMENDED PLAN.
ON SECTION E THERE SHOUL:D ]~E A NOR.T.H ARROW WHICH SHOULD 'APPEAR ABOVE THE
RAILROAD RIGI~T-OF-WAY.' AND THERE AGAIN THAT SHOULD BE LABLED AN ABANDONED
RAILROAD RIGHT.-O.F-WAY. THERE WAS ONE OTHER QUESTION. I THINK MR. PREUSS
BROUGHT IT UP BEFORE CONCERNING RIGHT-OF-WAY OF EASTBOUND LANE IN THE
SECTION OF HIGH STREET BETWEEN LOUISIANA AVENUE AND THE RAILROAD RiGHT-OF-WAY.
THE RIGHT,OF-WAY IS PROJECTED TO :BE 94' AT THAT PARTICULAR LOCATION.
THE QUESTION WAS WHETHER OR NOT THE ADD'ITIONAL TAKING OF RIGHT-OF-WAY WOULD
AFFECT TH'E BUSINESSES ON THE SOUTH SIDE OF THE ROAD. I WONDER IF YOU HAD
AN OPPORTUNITY TO LOOK INT.O THAT.
DAVIS: WELL, THE EXISTING RIGHT-OF-WAY ALONG 512 IN TH.I~S AREA VARIES FROM '
TO 80 TO EVEN MORE IN SOME AREAS. THERE WILL CERTAINLY-HAVE TO BE SOME
ADDITIONAL RIGHT-OF-WAYS .PROVIDED TO ACCOMMODATE THE 94~ THAT IS RECOIMMENDED.
ON THE NORTH SIDE YOU HAVE NO DEVELOPMENT WEST OF THE RAILROAD TRACK.
THERE'S A NEW GAS STATION EAST OF THE RAILROAD TRACK AND A CAR DEALER,
BUT I THINK WE HA.VE 80' IN THOSE AREAS. IN THE FUTURE, AS WE IMPLEMENT THE
FULL 3 LANE SECTION HERE', THERE MAY HAVE TO BE SOME ADDITIONAL RIGHT-OF-WAYS.
IT JUST DEPENDS ON THE LOCATION. THE 94 IS A TYPICAL RECOMMENDED SUGGESTED
RURAL SECTION RIGHT-OF-WAY. IF WE CAN'T GET THE 94, ITT S POSSIBLE TO GO
WITH A MORE NARROW RtGHT~OF-WA¥~ BUT THEN YOU COMPROMISE~ BY HAVING TO
SPEND MORE MONEY ON DRAINAGE AND UTILITY CORRIDOR ACCOMMODATION AND
OTHER THINGS AND THE MORE CONSTRAINED YOU GET THE MORE 'EXPENSIVE THE
IMPROVEMENTS ARE USUALLY.
VOTAPKA: THAT'S RIGHT. I THINK IT'S ONLY FOR A SHORT SECTION, BUT T'H'AT
WAS A MAJOR CONCERN EXPRESSED LAST TIME. I HAVE NO FUR%HER COMMENTS.
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