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HomeMy WebLinkAbout12161987L. Gene Harrig Mayor City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Kathryn M. O'Halloran City Clerk MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, D~[BER 16. 1987 ~ 7:00 ~ CITY COUNCIL QHAMBERS 1225 ~ 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 Harris called the meeting to order at 7:00 P.M. 2. Councilman Vallone led the Pledge of Allegiance. Invocation was given by Reverend Thurman Rivers Jr., Roseland United Methodist Church. 4. ROLL CALL Present: Councilman Robert McCarthy Councilman Peter Vallone Councilman George Metcalf Mayor L. Gene Harris Attorney Thomas C. Palmer Ab sent: Vice Mayor Kenneth Roth (excused) 5. PROCLAMiATiONS AND/OR ANNOUNCEMENTS Mayor Harris requested that a Resolution allowing bars to remain open until 3:00 A.M. on New Year's Eve be added to the agenda. MOTION by McCarthy I move we place on this agenda a Resolution allowing bars to remain open until 3:00 A.M. on New Year's Eve. 1 12/16/87 MOTION died for lack of a second. Mayor Harris said the bars would close at 1:00 A.M. MOTION by Vallone/Metcalf I move we move item 87.302 Alcoholics Anonymous to the first item after the Public Hearing. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Mayor Harris presented a plaque to George Schum for his participation in the Christmas Parade for the past two years as Santa Claus. Mayor Harris presented gifts to Debbie West and Sally Maio for their organization of the Christmas Parade. 6. BID OPENING 3/4 Ton Standard Pickup Truck ~ Vehicle Maintenance Attorney Palmer opened the one bid from Don Reid Ford in the amount of $9849.00 and announced that this was the State Contract price. MOTION by Vallone/Metcalf I move we refer the one bid from Don Reid Ford for $9849.00 for 3/4 pickup truck to staff for review and recommendation to Council. VOICE VOTE: Councilman McCarthy - .Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. 7. PUBLIC HEAP~INGL FINAL ACTION (Comments from County - Copied to Council - 12/10/87) 12/16/87 87.055 87.055 A. ORDINANCE ~ 0-87-25 (Final Action) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE COMPREHENSIVE PLAN DESIGNATION FROM INDIAN RIVER COUNTY MD-1 (MEDIUM DENSITY RESIDENTIAL ONE) TO INSTITUTIONAL (INS) FOR A A PARCEL OF PROPERTY IN THE A.A. BERRY SUBDIVISION, WEST OF U.S. HIGHWAY ~1 AND EAST OF DALE STREET, IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, COMPRISING APPROXIMATELY 2.65 ACRES; PROVIDING AN EFFECTIVE DATE. (lst Reading 10/28/87, Advertised 12/2/87 & 12/11/87, 1st Public Hearing 12/9/87, 2nd Public Hearing 12/16/87) B. QRDINANCE NO. 0-87-24 (Final Action) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING FROM COUNTY ROSE 4 TO PUBLIC SERVICE (PS) A PARCEL OF PROPERTY IN THE A.A. BERRY SUBDIVISION, WEST OF U.S. HIGHWAY ~1 AND EAST OF DALE STREET, IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, COMPRISING APPROXIMATELY 2.65 ACRES; PROVIDING AN EFFECTIVE DATE. (lst Reading 10/28/87, Advertised 12/4/87, Public Hearing 12/16/87) Attorney Palmer read Ordinance No. 0-87-25 by title only. Attorney Palmer read Ordinance No. 0-87-24 by title only. Mayor Harris opened the Public Hearing at 7:10 P.M. and called for public input. Fred Mensing recommended adoption of the Ordinances. Mayor Harris closed the Public Hearing at 7:12 P.M. MOTION by Metcalf/Vallone I move we adopt Ordinance No. 0-87-25 as read by the City Attorney by title only. Discussion took place on the letter from Bob Keating of Indian River County. Mayor Harris said Mr. Keating's letter brought to Council's attention that this new zoning may create a traffic problem in the current Rose-4 zone. He said there had been no complaints from surrounding property owners at this public hearing. 12/16/87 87.302 Councilman Vallone said in the future the City should work closely with the County. Rene Van de Voorde, counsel for the applicant, gave Council an idea of the varied permitted uses in Rose- 4 zoning. Councilman McCarthy asked Attorney Van de Voorde if this would be spot zoning or create an enclave. Attorney Van de Voorde said it would not be spot zoning and the concept of an enclave is considered in an annexation. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. MOTION by Vallone/McCarthy I move we adopt Ordinance No. 0-87-24 as read by the City Attorney by title only. ROLL CALL: Councilman Metcalf - Aye Councilman Vallone - Aye Councilman McCarthy - Aye Mayor Harris - Aye MOTION CARRIED. Request from Alcoh_0%ic$ A~onymous m Waive~ of Increase in F~e ~Qr Y~c~ Clllb m Previously Donated $25.00 per Month Bill Dalrymple said that in lieu of the fact that Alcoholics Anonymous provides a public service and can accept no money they be granted a fee waiver to $25.00 per month donation and further requested that they be allowed to conduct a day session as well as a night session. MOTION by Vallone/McCarthy I move we grant the request of Alcoholics Anonymous to waive the fee for Yacht Club increase, to set fee at $25 per month for night session and $25 per month for day session. 12/16/87 87.294 87.295 ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. THE FOLLOWING ITEMS WERE NOT ADRESSED AT THE DECEMBER 9, 1987, MEETING DUE TO LACK OF TIME: ae Hir~ M~. Lloyd Rondeau aS Airport Dir~tQ~ of Sebastian MuDicipal ~%irport - Councilman McCarthy Lloyd Rondeau requested that Councilman McCarthy withdraw his request to hire him as Airport Director. Councilman McCarthy withdrew the request. B. ~IRPQRT ADVISQRY BOARD Recomm~B4atiQn ~ Advertise for Bids ~0 Remove 15,000 Gallon Per Day Stee~ Wa~e Water Treatment Plant Tankage Presently ~to~ed oB Airport Property Councilman McCarthy questioned the intent of the memo from the Airport Advisory Board. Mayor Harris said the tankage was being offered for sale. MOTION by McCarthy/Metcalf I move we accept the recommendation of the Airport Advisory Board and advertise for sale of the Waster Water Treatment Plant Tankage in local newspapers. The City Clerk with the concurrence of the Council said she would also advertise in the Florida League of Cities Paper. ROLL CALL: Councilman Vallone - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Mayor Harris - Aye MOTION CARRIED. Earl Masteller said since the tankage is owned by the City the proceeds would go to the taxpayers. 12/16/87 87.279 87 .~9~ C. RESOLUTION NO. R-87-82 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING RESOLUTION NO. R-82-2 AND ADOPTING A NEW FEE SCHEDULE, A NEW APPLICATION FORM, AND A NEW INFORMATION SHEET FOR THE BOARD OF ADJUSTMENTS. Attorney Palmer read Resolution No. R-87-82 by title only. Attorney Palmer recommended setting fees for a variance and appeal at $100 as noted in the first draft Council had received. The Building Official said although he had requested $100 for a variance and $60 for an appeal at a previous meeting he now agreed with the City Attorney. MOTION by Metcalf/Vallone I move we adopt Resolution No. R-87-82 as amended by the City Attorney making all application fees for the Board of Adjustment $100 as in draft one. ROLL CALL: Councilman Vallone - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Mayor Harris - Aye MOTION CARRIED. Instruc~ Attorney Palmer t0 D[aft Res01utio~ to gQ tO Referend~l i~ ~ ~Q Increase Council Salari~ ~ ~50 Per ~Qn~ (Tki$ was D~Dvided for in the ~987/88 Fi~l Y~a~ Bud~) Attorney Palmer had drafted an Ordinance for first reading Ordinance No. 0-87-32. Attorney Palmer read Ordinance No. 0-87-32 by title only. MOTION by Metcalf/Vallone I move we accept the 1st reading of Ordinance 0-87-32 and set it for public hearing on January 13, 1987. Councilman Metcalf said he would prefer to have salaries effective the day after the election and not retroactive. 12/16/87 Mayor Harris said the section on the Mayor's salary had to be amended since it had been set out by Resolution No. R-87-04. Councilman McCarthy said only Council and not the Vice Mayor should be increased since the Vice Mayor is paid $35 a day in his capacity as Acting Mayor and otherwise does nothing different than Council. He said he would not vote for the motion if the Vice Mayor's increase was left in the Ordinance. MOTION by Vallone/Metcalf I move we amend the motion as stated by the City Attorney as follows: strike "Mayor" from title, remove Section I (1), add "This amendment does not increase the Mayor's salary" at the end of Section I, strike "Mayor" from all of Section II, strike Section V (1) (a), add in Section VIII "The raises, if passed by the voters, shall become effective on March 9, 1988. ROLL CALL: AMENDMENT Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. ROLL CALL: MOTION Councilman Vallone - Aye Councilman Metcalf - Aye Councilman McCarthy - Nay Mayor Harris - Aye MOTION CARRIED. 9. COMMITTEE REPORTS None. 10. PUBLIC INPUT ON AGENDA ITEMS Mayor Harris opened the public input at 7:58 P.M. George Schum requested that item 87.300 Parks and Recreation Open Letter be moved up. MOTION by Vallone/Metcalf I move we move item 87.300 Open Letter from Parks and Recreation to the first item under New Business. 7 12/16/87 ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Earl Masteller said he regretted the withdrawal of hiring of Lloyd Rondeau as Airport Director. He also complimented the Mayor on his letter to Post, Buckley and suggested that comments on slurry seal be added. Lloyd Rondeau recommended use of slurry seal instead of overlay. Mayor Harris closed the public input at 8:08 P.M. 11. ¢ON~ENT AGENDA Approve Minutes - 11/18/87 Regular Council, 12/2/87 Regular Council, 12/9/87 Council Workshop Councilman Metcalf requested that the 11/18/87 minutes by pulled from the Consent agenda. MOTION by McCarthy/Metcalf I move we approve the 12/2/87 Regular Council and 12/9/87 Workshop minutes as presented. VOICE VOTE: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Councilman Metcalf requested a clarification of page 6 of the 11/18/87 minutes regarding existing lights at the airport. MOTION by Metcalf/Vallone I move we approve the 11/18/87 Regular Council minutes as presented. VOICE VOTE: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. 87.074 87.284 ~7.084 12. OLD BUSINESS: At Action on Letter tQ Post, Buckley -- Airpgj~t Master Plan ~ M~yQr Harris MOTION by Metcalf/Vallone I move we refer the letter to Post, Buckley to the Airport Advisory Board for their review and recommendation to Council. ROLL CALL: Councilman McCarthy - Nay Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Nay MOTION TIED (NO VOTE) Mayor Harris said this item would carry over to the January 1988 workshop. Bt Council/Manager --City MaL!a~e~ Responsibilities - P~rmission to Send Letter ~o Pete Kl%Qw],es ~ CQ~n~iJJ~an Metcalf MOTION by Metcalf/Vallone I move we approve the request of Councilman Metcalf to send a letter to Pete Knowles requesting input on City Manager responsibilities. Councilman Vallone then said he knew of no reason why Councilman Metcalf needed permission from Council to send a letter. Councilman Metcalf withdrew his motion and said he would send letter and report back to Council. 13. MAYOR'S MATTERS Mayor Harris instructed the City Clerk to try to schedule interviews with two architectural firms for the police facility beginning at 3:00 P.M. any day of the week, but preferably not Wednesday. Councilman McCarthy said since the original choice of C.E. Block was his first choice he would not be available for these interviews. Mayor Harris instructed the City Clerk to request the Police Department to begin background checks on the top 10 applicants for City Manager as chosen by the Screening Committee. 87.300 87.289 14. COUNCIL MATTERS Councilman Vallone thanked Jerry Thomas for cleaning up the bench and property at the Chamber of Commerce. Councilman Metcalf requested information from the Building Official on the documentation grandfathering the trailers at Chesser Gap. The Building Official said a letter would be hand delivered the following morning instructing that the trailer be removed. Mayor Harris informed Council that a great deal of vandalism is taking place at Schumann Field and that something needed to be done to curb it. 15. CITY ATTORNEY MATTERS None. 16. NEW BUSINESS Presentation ~ QD_~/1 Letter from Parks and Recreation tO_ ~_i~ Council Nate McCollum read an open letter from Parks and Recreation to the City Council requesting an apology for remarks made about them at a previous Council meeting. Councilman McCarthy suggested that Parks and Recreation send a copy of their minutes to Council members. Mayor Harris said he had a problem with Parks and Recreation not submitting backup information with their recommendations to Council and requested that minutes be provided to Council. Mayor Harris called a recess 9:23 P.M. and recalled the meeting at 9:30 P.M. All members present at recess were present at recall. 0RDIi~bNCE NO, 0-87-30 (First Reading, Set Public Hearings 1/13/87 and 1/27/87) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE COMPREHENSIVE LAND USE PLAN DESIGNATION FROM COMMERCIAL OFFICE RESIDENTIAL DISTRICT (COR) TO GENERAL COMMERCIAL (CG) SEVENTEEN (17) PARCELS OF REAL PROPERTY IN THE A.G. ROSE SUBDIVISION AND THE SCHOOL PARK SUBDIVISION, NORTH OF MAIN STREET, WEST OF THE 10 87.289 87.003 FEC RAILROAD RIGHT-OF-WAY, AND EAST OF CITY HALL, IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, COMPRISING APPROXIMATELY 2.77 ACRES; PROVIDING AN EFFECTIVE DATE. MOTION by Metcalf/McCarthy i move we accept the first reading of Ordinance No. 0-87-30 and set it for public hearing on January 13 and 27, 1988. VOICE VOTE: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Be ORDINANCE NO. 0-87-31 (First Reading, Set Public Hearing 1/27/87) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING FROM FROM COMMERCIAL OFFICE RESIDENTIAL DISTRICT (COR) TO GENERAL COMMERCIAL (CG) SEVENTEEN (17) PARCELS OF REAL PROPERTY IN THE A.G. ROSE SUBDIVISION AND THE SCHOOL PARK SUBDIVISION, NORTH OF MAIN STREET, WEST OF THE FEC RAILROAD RIGHT-OF-WAY, AND EAST OF CITY HALL, IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, COMPRISING APPROXIMATELY 2.77 ACRES; PROVIDING AN EFFECTIVE DATE. MOTION by Metcalf/McCarthy I move we accept the first reading of Ordinance No. 0-87-31 and set it for public hearing on January 27, 1988. VOICE VOTE: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Proposed ResolutioD S~b~tted to the City ~ Indian R~v~r QDuntv Re: NQ]~b ~QUD~t~Y S~W~r System a %~torney Palmer -~esglu~ion NQ. ~-87-8~ MOTION by Metcalf/McCarthy I move we adopt Resolution No. R-87-85 as read by the City Attorney. Lisa Abernathy, County Public Utilities and Earl Masteller, Engineer answered questions from Council. 11 87.257 87.296 ROLL CALL: Councilman Vallone - Aye Councilman McCarthy - Aye Councilman McCarthy - Aye Mayor Harris - Aye MOTION CARRIED. RESOLUTION NO. R-87-~4 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, VOLUNTARILY JOINING AND APPROVING THE INDIAN RIVER COUNTY DEPENDENT SPECIAL DISTRICT FOR SOLID WASTE DISPOSAL. MOTION by Metcalf/Vallone I move we adopt Resolution No. R-87-84 as read by the City Attorney and contingent upon receipt of the letter to the Board of County Commissioners stating that ERU is based on square footage of buildings not land area. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. E. ~ ~Q~RSE 1. R~qu~$~ to ~ -- Greensmower. Greens Ae_r~ko[ and Fringe MQw~r MOTION by Vallone/McCarthy I move we approve the request of the Golf Course and go to bid on Greensmower, Greens Aerator and Fringe Mower. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Appoint Committee to Negoti~9 with Lloyd and Associat~ ~ Mayor Harris Mayor Harris appointed Councilman Metcalf to the Negotiating Committee along with the Finance Director and Building Official. Councilman Metcalf requested that the Finance Director take care of scheduling negotiations. 12 87.298 87 G. CONSTRUCTION BOARD Recommendation - Appoint ~ Laman (General Contractor Alternate) to G~Ber~al Contractor Full Time Position - Term ~Rime 10/gQ MOTION by Vallone/Metcalf I move we accept the recommendation of the Construction Board and appoint John Laman to the full time General Contractor position with term expiration in October 1990. VOICE VOTE: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Recommendation -_ AppoiBt ~i¢llael Capp to Fill Unexpired General Contractor Alternate P~it~iQn - Term Expire 10/88 MOTION by Metcalf/Vallone I move we accept the recommendation of the Construction Board and appoint Michael Capp to the unexpired General Contractor alternate position with term expiration in October 1988. VOICE VOTE: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. R~Q3~B~[atiDR - Appoin~ Davi~ Greenidge to Fill Unex~$[ed ~onQe~ned Citizen Alternate - Term Expire 10/88 MOTION by McCarthy/Metcalf I move we accept the recommendation of the Construction Board and appoint David Greenidge to the unexpired Concerned Citizen alternate position with term expiration in October 1988. VOICE VOTE: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. 13 87.299 87.301 Reques~ from Octavia Brill - Wa%v~ of ~9A-15.6 Sign O~din~ce as it Pertains Go "Open Ho~_9" Signs -- Memo from Building 0~ic~al After a lengthy address to Council by Octavia Brill regarding the need for Open House signs by realtors and a request to waive these signs from the code of ordinances, Mayor Harris instructed the Building Official and the City Attorney to draft something on this for presentation to Council at the January 6, 1988 workshop. He also requested that they get a recommendation from the Planning and Zoning Board. Request from Ann RobiBson~ $~p~rvisor of Elections ~ Coordinat~ the ~ Election ~n Conjunction with the Presi~/l~ial Primary Election L March 8, 1988 MOTION by Metcalf/Vallone I move we approve the coordination of the City election in conjunction with the Presidential Primary Election on March 8, 1988. VOICE VOTE: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. 17. Mayor Harris adjourned the meeting at 10:10 P.M. Minutes were approved at the Workshop City Council Meeting on January 13, 1988. ATTE S T: 14