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HomeMy WebLinkAbout02181981PUBLIC HEARING - FEBRUARY 18, 1981 - 7 P.M. ~HE PUBLIC HEARING WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR. FOR THE PURPOSE OF BRINGING TO THE rLIC'S ATT'~NTION THE PROPOSED "ORDINANCE AMENDING SECTION XVII OF ORDINANCE 202, AS AMENDED." ~ESENT: VICE MAYOR LEWIS GRAY, COUNCILMAN FRANK OBERBECK, COUNCILWOMAN DOROTHY MC KINLEY, COUNCIL- MAN EVERETT T. GASS, MAYOR FLOOD AND ATTORNEY KILBRIDE. THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING ON THE ABOVE PROPOSED ORDINANCE AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL ON FEBRUARY 8 AND 15, 1981. THE CITY ATTORNEY OUTLINED BRIEFLY THE PROPOSED CHANGES. THE ZONING ORDINANCE AS IT PRESENTLY STANDS DOES NOT SET OUT ANY GUIDELINES AS FAR AS PROCEDURES FOR IMPLEMENTING WHETHER THE CITY WISHES TO CHANGE THE ZONING OVER A PARTICULAR PIECE OF PROPERTY OR WHETHER AN APPLICANT (PROPERTY OWNER) WISHES TO CHANGE IT. THE AUTHORITY IN THE PRESENT ZONING ORDINANCE iS THAT THE COUNCIL WILL CHANGE IT. WHAT THIS NEW SECTION DOES IS SET OUT A PROCEDURE BASICALLY WHICH IS NOT SIGNIFICANTLY DIFFERENT THAN WHAT HAS BEEN FOLLOWED IN THE PAST BUT IT HAS NEVER ACTUALLY BEEN A PART OF_~THE ORDINANCE. IT SETS OUT BASICALLY THAT AN APPLICATION IS FILED WITH THE CLERK AND THE INFORMATION IS FORWARDED TO THE BUILDING OFFICIAL AND ANY OTHER OFFICIAL IN THE DEPARTMENT WHO WOULD HAVE AN OPPORTUNITY TO LOOK AT IT AT THE SAME TIME AS IT IS GIVEN TO THE ZONING & PLANNING COMMISSION WHO WILL REVIEW THE APPLICATION AT A REGULAR MEETING. THEY WILL THEN MAKE A RECOMMENDATION TO EITHER APPROVE THE REQUEST FOR REZONING OR DENY THE REQUEST AND THEN IT IS FORWARDED TO THE CiTY COUNCIL. THERE IS A REQUIREMENT FOR A PUBLIC HEARING TO BE SET UP AND IN ADDITION TO THE PUBLIC HEARING, NOTICE IS REQUIRED TO BE PUBLISHED IN THE NEWSPAPER THAT THE PROPERTY OWNERS IMMEDIATELY AFFECTED (THAT IS IN THE SURROUNDING AREA) ALSO ARE BEING INDIVIDUALLY NOTIFIED BEFORE THE PUBLIC HEARING TAKES PLACE. THE CITY ATTORNEY READ THE PROPOSED ORDINANCE iN ITS ENTIRETY. AT THE REGULAR COUNCIL MEETING ON FEBRUARY 9, 1981). (READ BY TITLE ONLY FOR THE FIRST TIME BEING NO FURTHER COMMENTS, THE HEARING WAS CLOSED AT 7:10 P.M. CITY CLERK MAYOR PUBLIC HEARING - FEBRUARy ~I8 / THE PUBLIC HEARING W~LE.?~ ~') ) BBZ-~G T6~--TH C NTION ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN. THE PROPOSED PRESENT: VICE MAYOR LEWIS GRAY, COUNCILMAN FRANK OBERBECK, COUNCILWOMAN DOROTHY MC KINLEY, COUNCILMAN GASS, MAYOR FLOOD AND ATTORNEY KILBRIDE. CITY CLERK WAS ASKED TO READ THE NOTICE OF PUBLIC HEARING WHICH APPEARED IN THE VERO BEACH PRESS ON FEBRUARY 12 AND 15, 1981. THE ABOVE PROPOSED ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN WAS READ BY TITLE ONLY AT THE REGULAR COUNCIL MEETING OF FEBRUARY 9TH. THE CITY CLERK READ THE PROPOSED ORDINANCE IN ITS ENTIRETY FOR THE SECOND READING. THE PUBLIC HEARING WAS CLOSED DUE TO LACK OF RESPONSE FROM THE PUBLIC. CITY CLERK MAYOR REGULAR COUNCIL MEETING - FEBRUARY 18, 1981 IsROR PAT FLOOD, JR. CALLED THE MEETING TO ORDER. ENT: VICE MAYOR LEWIS GRAY, COUNCILMAN FRANK OBERBECK, COUNCILWOMAN DOROTHY MC KINLEY, COUNCILMAN ETT T. GAGS, MAYOR FLOOD AND MR. KILBRIDE. THE BUILDING INSPECTOR, ART MAYER, WAS ASKED TO INTRODUCE HIS NEW ASSISTANT, NORBERT RESOP. MAYOR FLOOD INTRODUCED MARGARETE LOEFFLER WHO WILL BE APPOINTED TONIGHT AS THE ALTERNATE MEMBER OF THE VARIANCE BOARD. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN MC KINLEY, TO APPOINT MARGARETE LOEFFLER AS AN ALTERNATE TO THE VARIANCE BOARD. CARRIED. COUNCILMAN OBERBECKREPORTED PROGRESS AT THE BALL FIELD. THE MASONRY WORK HAS BEGUN ON THE EXTERIOR WALLS OF THE TOILET AND STORAGE FACILITIES. THE BUILDING IS ABOUT 40% COMPLETE AS OF TODAY. THE ROOF IS EXPECTED TO BE IN PLACE BY THE END OF THE WEEK. COUNCILMAN GASS REPORTED WHILE IN TALLAHASSEE HE HAD A CHANCE TO MEET AND TALK WITH SOME PEOPLE FROM THE STATE RECREATION & PARKS DEPARTMENT. ONE OF THE THINGS OF PARTICULAR CONCERN TO HIM IS THE UNSATISFACTORY CONDITION OF THE SEBASTIAN YACHT CLUB. IT NEEDS A LOT OF WORK. THERE ARE SEVERAL AVENUES HE WILL PURSUE IN AN ATTEMPT TO GET THIS DONE: (1) OBTAIN FUNDS TO REPAIR THE PRESENT BUILDING. ~;2)" CONSIDWR 'COST OF REBUILDING'~THE ENTfRE STRUCTURE, WHICH MA'Y BE POSSIBLE THRU A GRANT FROM THE STATE. (3) SOLICIT. FUNDS THRU THE OLDER-AMERICANS ACT (TREASURE COAST PLANNING). AS SOON AS HE HAS SOMETHING DEFINITE, HE WILL SUBMIT A FURTHER REPORT TO THE COUNCIL. AT THE SAME TIME, MR. GASS SAID HE WOULD LIKE TO EXPLORE THE POSSIBILITY OF REPLACING THE STAGE AT THE COMMUNITY CENTER AND INSTALLING A DRESSING ROOM. ,O..CTOBER WHEN THE BUDGET WAS PREPARED, ~..~WEP_R-I~CU~D ~N[~ FOR A LOWBOY THAT COULD BE USED TO HAUL THE MAYOR FLOOD FELT IT WOULD BE APPROPRIATE T'3 ENTERTAIN A MOTION! TO AUTHORIZE MR. WEHR TO PURCHASE THE LOWBOY AS IT WAS A BUDGETED ITEM. ~ J I I I MOTION BY VICE MAYOR GRAY, SECONDED BY CO~N~ILMA-~ OBE~ECK, TO AUTHORIZE THEPUBLIC WORKS DEPARTMENT TO PURCHASE THE LOWBOY FOR $1150. CARRIED. THE FINANCE DIRECTOR, MR. LANCASTER, REPORTED S U~RY OF OPERATIONS FOR FOUR MONTH PERIOD ENDING JANUARY 31, 1981. TOTAL REVENUES: ACTUAL $289,~.76 BUDGETED $804,165.00. TOTAL EXPENDITURES: ACTUAL $234,454.69, BUDGETED $804~165.00 (COPY ATT;C~E~. ~ YJ TH THE CITY CLERK READ FOR THE SECOND TIME, BY TI~--~L E PROPOSED ORDINANCE AMENDING SECTION XVII OF ORDINANCE202, AS AMENDED. ROLL CALL A ES: COUNCILWOMAN MC KINLEY COUNCILMAN GASS MAYOR FLOOD JE~ND READING OF THE ABOVE NAYS: NONE. CARRIED. CITY CLERK READ FOR THE THIRD AND FINAL TIME, THE ABOVE PROPOSED ORDINANCE. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN MC KINLEY, TO ACCEPT THE THIRD AND FINAL READING OF THE PROPOSED ORDINANCE AMENDING SECTION XVIi OF ORDINANCE 202, AS AMENDED. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN MC KINLEY COUNCILMAN GASS MAYOR FLOOD NAYS: NONE. CARRIED. MAYOR FLOOD RECOMMENDED THE CITY ATTORNEY DRAW UP A RESOLUTION ESTABLISHING A FILING FEE OF $50 TO ACCOMPANY ALL REQUESTS FOR REZONING AND TO PRESENT IT TO THE COUNCIL AT THE MARCH 9 MEETING. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN MC KINLEY, TO HAVE THE CITY ATTORNEY PREPARE A RESOLUTION ESTABLISHING A $50 FILING FEE TO ACCOMPANY ALL REZONING REQUESTS. CARRIED. THE CiTY CLERK WAS ASKED TO READ BY TITLE ONLY, FOR THE SECOND TIME, THE PROPOSED ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN MC KINLEY, TO ACCEPT THE SECOND READING OF THE ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN MC KINLEY COUNCILMAN GASS MAYOR FLOOD NONE. NAYS: CARRIED. REGULAR COUNCIL MEETING - FEBRUARY 18, 1981 THE CITY CLERK WAS ASKED TO READ, BY TITLE ONLY, FOR THE THIRD AND FINAL READING, THE PROPOSED OF THE CITY OF SEBASTIAN. BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN MC KINLEY, TO ACCEPT THE THIRD AND FINAL READING OF THE PROPOSED ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN MC KINLEY COUNCILMAN GAgS MAYOR FLOOD NAYS: NONE. CARRIED. AT THE LAgT MEETING, MAYOR FLOOD DISCUSSED THE OVERLAPPING SURVEYS ON LOUISIANA AVENUE PROPERTIES AND THE ATTORNEY WAg ASKED TO RENDER HIS OPINION AS TO WHETHER THE CITY SHOULD GET INVOLVED. MR. KILBRIDE COMMENTED SURVEYS OF THIS NATURE ARE BASICALLY PRIVATE MATTERS, BUT THE CITY'S CONCERN IN THIS INSTANCE IS INVOLVED, PARTICULARLY BECAUSE OF THE LOCATION OF THE RiGHT-OF-WAY WHICH NEEDS TO BE IDENTIFIED BECAUSE OF FUTURE NEED. · -MAYOR FLOOD EXPLAINEI~HAT AS OF NOW, IF YOU COME FROM MR. GELLER'S SURIrEY HIS POINT WOULD BE IN ONE DIRECTION. MRS. SAMELA'S SURVEY WOULD BE MOVING MR. GELLER'S PROPERTY TO THE SOUTH 14', ETC. ONE DAY, EXPLAINED MAYOR FLOOD, THE CITY WILL PUT IN WATER AND SEWER SYSTEMS AND THIS MATTER SHOULD BE CLARIFIED ONCE AND FOR ALL. MAYOR FLOOD RECOMMENDING HAVING A THIRD OPINION BY ASKING AN OUTSIDE · SURVEYOR. COME IN, HAVE THE THREE SURVEYORS GET TOGETHER AND TRY TO COME UP WITH A SOLUTION. THE GELLER, THOMAS, TAYLOR, SAMELA AND DE VANE PROPERTIES ARE INVOLVED. VICE MAYOR GRAY SUGGESTED MAYOR FLOOD TALK TO THE CITY ATTORNEY TO SEE WHAT KIND OF COST WOULD BE INVOLVED BEFORE PROCEEDING 'TH ANY SURVEY. THE COUNCIL AGREED TO ASK THE PROPERTY OWNERS INVOLVED TO ATTEND THE MARCH 4 WORK- MEETING. WAg INSTRUCTED TO CONTACT MR. PALMER ADVISING H_Mrl TO ~U~3MIT~ ~ITE PLAN REQUEST TO THE ZONING & PLANNING WITHIN THE NEXT COUPLE OF WEEKS THEY WILL BE INSTALLING CABLE ON BARBER STREET UP TO ROSELAND ROAD AND BY THE END OF MARCH WILL BE BUILDING ON SCHUMANN D~n~ ~ THE TENNIS COURTS. HE DISCUSSED THE COMPUTER BILLING PROBLEMS AND FELT THEY HAVE BEEN CORRECT~ i~Y T~-N TIME. THE DISH BEHIND THEIR BUILDING IS BEING RELOCATED AT THE PALM B~ySITE AND A NEW SArFLLITE D~ISH WAS INSTALLED TODAY AT THEIR TOWER SITE. THIS SHOULD IMPROVE THEIR sAtELLITE CHANNELg Q']IUF ;, kIT~ HE REITERATED THEY WILL HANDLE PEOPLE WITHIN 24 HOURS ON AN INDIVIDUAL BASIS IF THEY DO NOT HAVE AA'Y~TV. AN ANSWERING SERVICE HAS BEEN ENGAGED TO HANDLE CUSTOMER CALLS WHEN THE OFFICE IS CLOSENc.'~I~ RE_~PONSE TO MAYOR FLOOD' S QUESTION AS TO HOW MANY NEW CUSTOMERS THEY HAVE HOOKED UP, MR. SISK ESTII~fATED 75. MAYOR FLOOD COMPLIMENTED MR. SISK FOR THE FINE JOB THEY ARE DOING A REQUEST FOR ABANDONMENT OF EASEMENTS HAS BEEN RECEIVED FROM MRS. D.M. MEYER. SHE OWNS LOTS 1,2 AND 3, BLOCK 4, UNIT 1, SEBASTIAN HIGHLANDS. THE HOUSE IS SITUATED ON LOTS 1 AND 2 AND SHE RECEIVED APPROVAL FOR ABANDONING THE EASEMENTS BETWEEN LOTS 1 AND 2. SHE NOW WANTS TO MOVE THE EASEMENT BETWEEN LOTS 2 AND 3 SO SHE WILL HAVE LOT 1 AND HALF OF LOT 2 Ag ONE UNIT, AND HALF OF LOT 2 AND ALL OF 3 AS A SECOND UNIT. SOME DISCUSSION, THE CITY CLERK WAS ASKED TO CONTACT MRS. MEYER TO DETERMINE HOW FAR UP SHE WANTS TO MOVE THE EASEMENT, AND TO SUBMIT A DIAGRAM OF HOW SHE WANTS IT LAID OUT. THE CLERK WILL THEN FORWARD THIS INFORMATION TO THE UTILITY COMPANIES WHEN REQUESTING ABANDONMENT OF THE EASEMENTS. MOTION BY COUNCILMAN GAGS, SECONDED BY COUNCILWOMAN MC KINLEY, TO PERMIT MS. SUZANNE FOSTER TO SERVE ALCOHOLIC BEVERAGES AT THE COMMUNITY CENTER ON FEBRUARY 28, 1981. CARRIED. MRS. META CHESSER BOLINGER'S REQUEST FOR A 10' VARIANCE ON HER LOTS 9 THRU 13, BLOCK 9, HARDEE ADDITION (ON S.R. 512) WAS DISCUSSED BUT NO ACTION WAS TAKEN. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN GASS, TO ESTABLISH A $25 FILING FEE TO ACCOMPANY ALL APPLICATIONS TO BUILD A MODEL HOME. CARRIED. THE CITY ATTORNEY WAS ASKED TO INITIATE A RESOLUTION COVERING THE $25 FILING FEE TO BUILD MODEL HOMES. THE ANNEXATION OF THE 40 ACRES OF PROPERTY OWNED BY FISCHER WAg TABLED SOMETIME AGO. MAYOR FLOOD ASKED TO BRING IT ON THE FLOOR TONIGHT AND ASKED THE CITY ATTORNEY TO RELATE HIS ~ONVERSATIONWITH MR. CLAUDE MULLIS, CHIEF ATTORNEY, FLORIDA LEAGUE OF CITIES, CONCERNING ANNEXATION OF PROPERTY. MR. KILBRIDE STATED THE ATTORNEY GENERAL ISSUED AN OPINION RECENTLY OUTLINING THE CRITERIA FOR VOLUNTARY ANNEXATION; HOWEVER, THERE WAS ONE PART OF THE OPINION WITH WHICH MR. KILBRIDE HAD SOME PROBLEMS. IT WAS THE DEALING WITH THE CREATION OF ENCLAVE. MR. KILBRIDE ALgO SPOKE WITH THE DEPUTY ATTORNEY GENERAL IN CHARGE OF OPINIONS DEALING WITH THIS PARTICULAR MATTER, AS WELL AS HIS ASSISTANT, AND THEY GAVE HIM SOME CITATIONS TO FLORIDA APPtELLATE COURT DECISIONS WHICH HE HAD READ WHICH SUPPORTS THEIR POSITION. HE HAD NNSEEN A CAGE THAT BASICALLY SUPPORTS THE POSITION, AND THIS IS THE POSITION THE ATTORNEY GENERAL'S ION TOOK, AS LONG Ag YOU HAVE A COMPACT PIECE OF PROPERTY THAT iS CONTIGUOUS WITH THE EXISTING CITY., IF IT SURRouNDS AN UNINCORPORATED PART OF THE COUNTY COMPLETELY, YOU DO NOT CREATE AN ENCLAVE - ONLy YOU SURROUND ANOTHER CITY'S PROPERTY DO YOU CREATE THE ENCLAVE, WHICH IS AN INTERESTING INTERPRETATION OF THE LAW AND ONE WHICH GAVE MR. KILBRIDE A LOT OF PROBLEMS. HOWEVER, THEY CONVINCED HIM THE CITY CAN PROCEED SAFELY WiTH APPLICATIONS IN THIS REGARD. SO APPLYING IT DIRECTLY TO MR. FISCHER'S PROPERTY, THE REGULAR COUNCIL MEETING- FEBRUARY 18, 1981 CITY SURROUNDS A LARGE PARCEL OF THE PROPERTY ON THREE SIDES, 1F THIS APPLICATION IS A~FRQVED - 40 iPisS , SURROUND AN UNINCORPORATED AREA THAT WILL BE WILL' WHICH IS COMPACT AND CONTINUOUS IT COMPLETELY LETELY SURROUNDED BY THE CITY OF SEBASTIAN. UNDER COURT RULING AND THE ATTORNEY GENERAL'S OPINION PROPER AS LONG AS IT MEETS EVERY OTHER STANDARD, AND IT DOES. MAYOR FLOOD STATED THE REQUEST FOR ANNEXATION OF THE FISCHER PROPERTY WILL BE SUBMITTED TO THE ZONING & PLANNING COMMISSION FOR RECOMMENDATION. MAYOR FLOOD DISCUSSED A BILL FROM THE CITY ENGINEER IN THE AMOUNT OF $2647.15 WHICH HE QUESTIONED. IT WAS FOR SURVEY & TOPO OF BLOCK 7& 13 OF EDGEWATER PARK AND THE NORTH 386' ALONG WATERFRONT TO OLD RIVER ROAD TO IVY JAY CORP. HE EXPLAINED THAT WHEN HE TALKED TO THE ENGINEER ABOUT THE WORK, HE MENTIONED ALL HE COULD AUTHORIZE TO SPEND WAS UP TO $1,000. APPARENTLY THE CITY ENGINEER FELT IT COULD BE DONE FOR HE R~3PLIED "WELL, IT IS SURROUNDED, SO I DON'T THINK IT IS GOING TO BE VERY MUCH." THE COUNCIL AGREED THAT THE BILL WAS TOO HIGH AND COUNCILMAN OBERBECK SUGGESTED MAYOR FLOOD CONTACT MR. LLOYD AND ADVISE HIM THE COUNCIL REFUSES TO PAY THE BILL AND REQUEST HIM TO REVIEW IT AND BREAK IT DOWN. MAYOR FLOOD SAID HE WOULD. MAYOR FLOOD ASKED THE CITY ATTORNEY TO RELAY THE RESULTS OF THE HEARING BEFORE JUDGE SHARP CONCERNING THE KEPLER WATER PROBLEM. A HEARING WAS HELD A FEW DAYS AGO BEFORE JUDGE SHARP ON THE RIVERS EDGE CASE AND THE COURT GRANTED THE CITY OF SEBASTIAN'S MOTION TO INTERVENE. THE PROPERTY OWNERS ASSOCIATION AT RIVERS EDGE ALSO HAS BEEN GRANTED THE RIGHT TO INTERVENE WHICH MEANS IN ORDER FOR A SETTLEMENT TO OCCUR OR BEFORE JUDGMENT IS HANDED DOWN, THE CITY AND THE PROPERTY OWNERS WILL HAVE A CHANCE TO GIVE THEIR SIDES OF IT IN ADDITION TO THE DEPARTMENT OF ENVIRONMENTAL REGULATIONS. THE COURT ALSO GRANTED A MOTION FOR TEMPORARY INJUNCTION AND ORDERED MR. KEPLER TO FILE HIS LEGAL ANSWER TO THE CHARGES, WHICH HE HAS NOT DONE, WITHIN 20 DAYS AND HE HAS 30 DAYS IN WHICH TO COMPLY WITH THE TEMPORARY INJUNCTION WHICH THE COURT GRANTED WHICH SAYS HE MUST SHOW THE COURT WHAT HE IS GOING TO DO TO CORRECT THE SYSTEM TO BRING IT IN COMPLIANCE WITH DEPARTMENT THE IMPOSITION OS A SINE. MR. KEPLER ~ A~OT PRESENT ~TVT~E HEARING BUT WAS REPRESENTED BY HIS ATTORNEY. ~ I / THERE BEING NO FURTHER BUSINESS, THE ME~T.[NGJWAg ADJOURNED. ~T~ 8:55 P.M. ~.TY CLERK MAYOR