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Home My WebLink About03091988 1" -. ,'{v 0 " It- \ (/tli:;I ~ <f' i> ...~ 'o~.I"4 S i ." f" 0, PflJ~"t1 \...,,'1- . City of Sebastian L. Gene Harris Mayor POST OFFICE BOX 7801270 SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Kathryn M. O'Halloran City Clerk MINUTES SEBASTIAN ~ COUNCIL REGULAR MEETING WEDNESDAY. MARCH .!!...... l.2..aJi =- .LUl.ll. J2......M..... ~ COUNCIL CHAMBERS ~ 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 Harris called the meeting to order at 7:00 P.M. . 2. Councilman Vallone led the Pledge of Allegiance. 3. Roy K. Crowe. Highlands Chapel Church of God did not attend the meeting. Mayor Harris requested a moment of silent prayer. 4. ROLL QJ;,l, Present: Councilman Robert McCarthy Councilman George Metcalf Councilman Peter Vallone Mayor L. Gene Harris Attorney Thomas C. Palmer Absent: Vice Mayor Kenneth Roth (excused) 5. PROCLAMATIONS AND/OR ANNOUNCEMENTS MOTION by Vallone/Metcalf I move we add Resolution Nos. R-88-28 Special Run-off Election and R-88-29 General Election Results to this agenda. VOICE VOTE on the motion carried 4-0. , 1 . . . , ' 88.035 Resolution Nos. R-88-28 and R-88-29 were added to the agenda as first items under New Business. Mayor Harris also stated that since not budgeted, funds for the Special Run-off would have to be allocated at this meeting. Mayor Harris removed the following items from the agenda. 1) 88.055 - Skillman Appeal to P & Z decision which was postponed to March 23, 1988, by the applicant. 2) 88.066 - Public Works Request for Lease of Gradall. 3) 88.064 - Masteller & Moler Request re: Marker 68 Marina which was postponed to March 23, 1988, by the applicant. 4) 87.027 - Mayor's Letter to Post, Buckley regarding the Airport Master Plan. 5) 88.067 - Falcon Cable Rate Increase. He explained Council action was not necessary. Attorney Palmer read in its entirety, a proclamation calling the Special Run-off Election for the Office of Mayor on March 22, 1988. Councilman Metcalf introduced Robert McClary, City Manager. 6. PUBLIC HEARING. FINAL ACTION A. RESOLUTION ~ R-88-19 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING TO SEBASTIAN GENERAL PARTNERSHIP, B.F.T., A SPECIAL USE PERMIT FOR A SAND MINE (LAKE CONSTRUCTION) PURSUANT TO SECTIONS 20A-5.19 (B) AND 20A-2.6, LAND DEVELOPMENT CODE; PROVIDING AN EFFECTIVE DATE. (1st Council agenda 2/3/88, Advertised 3/3/88, public hearing 3/9/88) Attorney Palmer read Resolution No. R-88-19 by title only. Mayor Harris opened the Public Hearing at 7:10 P.M. Henry A. Fischer, Fischer & Sons, Inc., applicant for the special use permit for sandmining, stated his reasons for the request and urged Council to approve it. He presented Council with a packet of information regarding the request. 2 . Randy Mosby, Mosby and Associates, engineer for the sandmining project, introduced Jim Wheatley, a hydrologist on the project to answer any questions Council had on the environmental impact of the project. Eric Pollard, Breezy Village, Inc., urged Council to deny the request for a special use permit based on Fischer & Sons, Inc. past performance at a sandmining operation south of Breezy Village. He presented Council with photographs of that project. Bruce Cooper, Building Official, said Fischer & Sons had gone within the fifty foot setback at Sand Lake south of Breezy Village and since this project had begun before he was in Sebastian his investigation was ongoing. Henry Fischer said his trucks are monitored monthly by D.O.T. He said that when this property was annexed the city required him to remove the berm and he would require a letter from adjacent property owners to do so. Randy Mosby said he was not aware that the Sand Lake project was in violation of St. John's Water Managment. He said that that project had nothing to do with this project being requested. . Bruce Bunnell, Breezy Village, said he was concerned about the project engineer's remark regarding little chance of saltwater intrusion. He said there should be no chance. He requested that Fischer & Sons request be denied based on past performance. Fred Mensing urged Council to approve the request. He said he found it difficult to hear that Henry Fischer is not responsive to the needs of the people of Sebastian. Henry Fischer said Fischer & Sons, Inc., has received no complaints from the public regarding previous projects. Richard Buchanan, resident in area of Sand Lake, said Fischer's truck are overloaded. Richard Votapka said the proposed County ordinance on sandmining limits excavation to 25' elevation. He said the City should cooperate with the County until they reach a decision on the ordinance. He said the City Manager and Council should look at revising the city ordinance to prevent annexations for the purpose of excavation. . 3 . Jim Wheatley, Garrett & Miller, said he has studied the effects of mining on water levels. He said no impact on groundwater was found. He said an increase in storage in the aquifer would occur. He said with the wet mining method that would be implemented no salt intrusion would occur. Randy Mosby said the County ordinance had no bearing on the type of mine being requested. When questioned by Councilman Metcalf, Mr. Wheatley said he'd had no local experience on sandmining on the Atlantic Ridge, but had had experience at Lost Tree Village on General Development Corporation well work. Ms. Lu, St. John's Water Management District, said the project is still under review and that there were some District concerns regarding the long term impact on groundwater. She said the 25' elevation was determined after studies in the Wabasso area showed long term damage. Jim Wheatley said this is no longer a consumptive use request. . Ms. Lu said anyone having concerns regarding this project could contact Dwight Jenkins, 213 Wilkins Road, Melbourne, Florida 32935 at 305-894-5423. Councilman Metcalf asked if it was possible to invite the gentleman from St. John's Water Management to the March 23, 1988 meeting to discuss this further. Randy Mosby said no expert can dispute Jim Wheatley's testimony. Arthur Lemire suggested the Council get a second opinion regarding effects on groundwater. Sam Romano, resident of Breezy Village, said he had called Henry Fischer concerning conditions of the road, noise and sharp embankments and had no response. He said Henry Fischer, Jr. then contacted him and said roads would be paved mid-February. Henry Fischer, Jr., said the road was currently under construction. Councilman Metcalf noted that Council had received a letter from Indian River County Board of County Commissioners who stated they would like to review all requests for sandmining which will utilize County roads. . 4 . . . 87.146 Randy Mosby said this requested project's design was different than the design for Sand Lake. Mayor Harris closed the Public Hearing at 8:20 P.M. Councilman McCarthy said he had some concerns regarding the water quality but that the mining operation industry was needed for employment in the city. MOTION by McCarthy I move we adopt Resolution No. R-88-19 as read by the City Attorney by title only. MOTION died for lack of a second. This item was automatically carried to the March 23, 1988, Regular meeting. B. ORDINANCE ~ 0-88-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ENACTING A NEW CHAPTER 24, AND THEREBY PROVIDING FOR LOCAL PROVISIONS FOR IMPROVEMENTS BY ASSESSMENTS PURSUANT TO CHAPTER 170, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. (1st reading 2/10/88, advertised 2/24/88, public hearing 3/9/88) Attorney Palmer read Ordinance No. 0-88-13 by title only. Mayor Harris opened the public hearing at 8:23 P.M. Arthur Lemire said the citizens should not be made responsible for 66% of the cost of paving. He urged Council to keep paving a city problem not a personal problem. Rebecca Snyder said this ordinance was unfair and would rather see a tax increase than an individual assessment. Pat Flood said a petition would be presented to Council at the next meeting regarding a referendum for paving. John Holder suggested the city add an additional one cent tax for overlay as other counties have done. Mayor Harris closed the Public Hearing at 8:30 P.M. No action was taken on Ordinance No. 0-88-13 and it was placed on the March 23, 1988, agenda. 5 . . . 87.299 C. ORDINANCE NO. 0-88-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA AMENDING SECTION 20A-15.6 OF THE SIGN ORDINANCE IN THE LAND DEVELOPMENT CODE AND THEREBY PROVIDING CRITERIA FOR OFF-PREMISE OPEN HOUSE SIGNS; PROVIDING AN EFFECTIVE DATE. (1st reading 2/10/88, advertised 2/24/88, public hearing 3/9/88) Attorney Palmer read Ordinance No. 0-88-14 by title only. Mayor Harris opened the Public Hearing at 8:38 P.M. Mr. Hartman, Indian River County Board of Realtors, said the board supports the concept of the ordinance but does not support limiting open house inspection to weekends. He also recommended that the $25 bond be clarified. The Building Official told him the fee would be $25 per agency not per sign. Mr. Hartman recommended open house signs be allowed seven days a week, the surety bond be addressed, and directional signs be allowed one per block. The Building Official said two signs are allowed at each intersection according to this ordinance. Attorney Palmer said he interpreted this section as allowing each open house to have two off premises signs but no intersection can have more than two signs. Arthur Lemire suggested this be taken back to the drawing board remarking that Council should not do something it can't enforce. Greg Golien said this ordinance shouldn't exist since there has never been a problem with open house signs. He volunteered to work with the Building Official on the ordinance. William Barber, Prudential Homes, said open house signs are critical to people looking for homes in Sebastian. He suggested that only the amount of signs should be regulated. Octavia Brill said the people moving into Sebastian are attracted by the realtors in town and that realtors are feeling singled out by this ordinance. 6 . Wendy Finesilver, Caldwell Banker, volunteered her services to work on a plan for open house signs. Damian Gilliams said individuals selling their own homes have a constitutional right to do so. Mayor Harris closed the Public Hearing at 8:48 P.M. MOTION by Metcalf/Vallone I move we refer Ordinance No. 0-88-14 to the Building Official for revision. Councilman Vallone said he didn't know if Council should regulate this type on action. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. 7. COMMITTEE REPORTS . Councilman Metcalf recommended the City Attorney meet with Jim Davis to work on the use of impact fees and whether it is legal for the city to impose an impact fee. 8. PUBLIC INPUT QN AGENDA ITEMS Charles Pullara urged Council to approve the Italian/ American Club lease amendment. 9. CONSENT AGENDA A. Resolution No. R-88-22 - Abandonment of Easement - Lots 8 & 9, Block 402, Unit 11, S/B B. Resolution No. R-88-23 - Abandonment of Easement - Lots 12 & 13, Block 38, Unit 1, S/B C. Resolution No. R-88-24 - Abandoment of Easement - Lots 9 & 10, Block 402, Unit 11, S/B D. Request for Community Center - Alcoholic Beverage - Potter Wedding - 7/5/88 . 7 . . . 88.025/ 88.021 88.026/ 88.021 MOTION by Vallone/Metcalf I move we approve Consent Agenda items A. Resolution No. R-88-22 - Abandonment of Easement - Lots 8 & 9, Block 402, Unit 11, S/H; B. Resolution No. R-88-23 - Abandonment of Easement - Lots 12 & 13, Block 38, Unit 1, S/H; C. Resolution No. R-88-24 - Abandonment of Easement - Lots 9 & 10, Block 402, Unit 11, S/H; D. Request for Community Center - Alcoholic Beverage - Potter Wedding - 7/5/88. VOICE VOTE on the motion carried 4-0. 10. OLD BUSINESS: A. Proposal = Purchase Q[ Boone Property MOTION by Vallone/Metcalf I move we accept the proposal and purchase the Boone Property based on the need for enhancement of Main Street Dock in accordance with terms submitted and allow 90 days for vacation by the owner. ROLL CALL: Councilman McCarthy - Nay Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. MOTION by Vallone/Metcalf I move we take $75,000 from unencumbered reserves for the first year payment for the purchase of the Boone property. ROLL CALL: Councilman McCarthy - Nay Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. B. Proposed Purchase Q[ CAVCORP Property Attorney Palmer recommended that this item not be discussed unless there is a bonafide interest in its purchase. He said the property owner would accept no terms. Councilman Vallone recommended this item be dropped. 8 . . . 87.027 87.047 88.060 88.061 MOTION by Vallone/Metcalf I move we put the proposed purchase of CAVCORP property in abeyance until such time as it is brought back to Council. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Recess was 9:12 P.M. recall. called at 9:05 P.M. and meeting recalled at All members present at recess were present at C. Mavor Harris' Revised Letter ~ Post. Buckley ~ Airport Master Plan This item was previously withdrawn by Mayor Harris. D. ORDINANCE 0-88-16 (Amending Ordinance Occupational License - First Reading, Hearing 4/13/88 - F.S.S. 205.042) 0-87-06 - Set Public AN ORDINANCE OF THE CITY OF SEBASTIAN, 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. Attorney Palmer read Ordinance No. 0-88-16 by title only. MOTION by Metcalf/Vallone I move we accept the first reading of Ordinance No. 0-88-16 and set it for Public Hearing on April 13, 1988. VOICE VOTE on the motion carried 4-0. E. Reauest ~ Additional Work ~ Hardee ~ - Report ~ Actin9 Public Works Director Jerry Thomas said the project at Hardee Park was ongoing and no Council action was necessary. F. Pavin9 Qf Barber Street = Report iIQm Actin9 Public Works Director Qll State Contract Jerry Thomas for paving. figures from at the March reported that there was no state contract Mayor Harris instructed him to bring back local contractors for paving Barber Street 23, 1988, meeting. 9 . . . 88.063 G. Reauest ~ Attorney Steven Lulich = Amendment ~ Italian/American ~ Lease Attorney Steven Lulich presented the second amended version of the lease as discussed at the March 2, 1988, workshop. Attorney Palmer said he had no problem with the amendments. MOTION by Vallone/McCarthy I move we accept the amended lease for the Italian/American Club as presented by Attorney Steven Lulich. ROLL CALL: Councilman Metcalf - Aye Councilman Vallone - Aye Councilman McCarthy - Aye Mayor Harris - Aye MOTION CARRIED. 88.064 H. Reauest ~ Masteller ~ Moler Associates. ~ _ Letter ~ DliR ~ ~ ~ Marker ia Marina = NQ Obiection 1Q Proposed Addition Qf 0QQk Being Within ~ Qf Progerties' Riparian Right ~ This item had previously been withdrawn by Mr. Masteller and rescheduled to March 23, 1988. 11. MAYOR'S MATTERS None. 12. COUNCIL MATTERS Councilman Vallone requested that selection of a Vice- Mayor be addressed after the March 22, 1988 Special Run- off Election. Attorney Palmer said that is when it would be addressed. Councilman Vallone requested that the contract for the City Attorney be a March 23, 1988, agenda item. Councilman Metcalf said his letter to Council was not written in an adversarial spirit. Councilman Metcalf complimented Jerry Thomas for landscaping at the VFW. 13. ~ ATTORNEY MATTERS None. 10 . . . 88.055 88.027 88.027 88.066 88.067 14. NEW BUSINESS A. Skillman - Appeal ~ Plannin9 ~ Zonin9 Decision QU Request ~ Rezonin9 and ~ ~ Change ~ CL ~~ This item had been previously withdrawn by Mr. Skillman and rescheduled to the March 23, 1988, meeting. RESOLUTION NO. R-88-28 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING THE OFFICIAL POLLING PLACES FOR A SPECIAL RUN-OFF ELECTION FOR THE PURPOSE OF ELECTING THE MAYOR FOR A TERM OF TWO (2) YEARS. MOTION by Vallone/Metcalf I move we adopt Resolution No. R-88-28 as read by ti tle only. VOICE VOTE on the motion carried 4-0. RESOLUTION ~ R-88-29 A RESOLUTION ACCEPTING THE RESULTS OF THE ELECTION OF MARCH 8, 1988. MOTION by Vallone/Metcalf I move we adopt Resolution No. R-88-29 as read by title only. VOICE VOTE on the motion carried 4-0. MOTION by Vallone/Metcalf I move we authorize $2500 from unencumbered funds for the March 22, 1988, Special Run-off Election expenses. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. B. PUBLIC WORKS 1. Request ~ Lease Qll Gradall This item had been previously withdrawn by Mayor Harris. C. Falcon Cable Media = ~ Increase This item had been previously withdrawn by Mayor Harris. 11 . . . 88.068 D. Discussion/Action = Labor A9reement between ~ and Coastal Florida PBA = Lieutenants MOTION by Vallone I move we accept the labor agreement between the City and Coastal Florida PBA for Police Lieutenants. MOTION died for lack of a second. Attorney Palmer said this agreeement had been agreed to in caucus by Council and had been submitted to the PBA for their approval. He said if it was not approved the city could get into an unfair labor practice situation. MOTION by Metcalf I move we postpone action on the labor agreement between the City and Coastal Florida PBA for Police Lieutenants until the April workshop. MOTION died for lack of a second. MOTION by Vallone/McCarthy I move we authorize the Mayor to execute the contract between the City of Sebastian and the Coastal Florida PBA for Police Lieutenants. ROLL CALL: Councilman Metcalf - Aye Councilman Vallone - Aye Councilman McCarthy - Aye Mayor Harris - Aye MOTION CARRIED. 15. Mayor Harris adjourned the meeting at 9:42 P.M. Minutes were approved at the Regular City Council Meeting on March 2.3, 1988. ~ST: ~'!n City erk , (), f/ aUy, t2~ 12