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HomeMy WebLinkAbout04221981PUBLIC HEARING - APRIL 22, 1981 PUBLIC HEARING CALLED TO ORDER BY MAYOR PAT FLOOD, JR. AT 7:00 P.M. PRESENT: COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD VOTAPKA, COUNCILWOMAN FLORENCE PHELAN, MAYOR PAT FLOOD, JR., CITY ATTORNEY DANIEL KILBRIDE. ABSENT: VICE MAYOR EVERETT GASS (ATTENDING HURRICANE CONFERENCE) THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE PRESS JOURNAL APRIL 7 AND 19, 1981 TO CONSIDER THE ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE TO GENERAL DEVELOPMENT UTiLiTIES, INC. FOR A WATER DIS- TRIBUTION SYSTEM. A DISCUSSION FOLLOWED AND COUNCILMAN VOTAPKA AGAIN QUESTIONED THE DEFINITION OF "EXCLUSIVE" FRAN- CHISE. THE COUNCIL DEBATED THE ASPECTS OF A NON-EXCLUSIVE AND AN EXCLUSIVE FRANCHISE. MAYOR FLOOD EXPLAINED THAT THE EXCLUSIVE FRANCHISE WAS FOR UNITS 16 AND 17 ONLY IN THE SEBASTIAN HIGHLANDS. HE SUGGESTED THAT A SPECIAL WORKSHOP MEETING BE SET UP TO DISCUSS THIS MATTER FURTHER. PUBLIC HEARING ADJOURNED AT 7:50 P.M. CiTY CL~RK MAYOR PUBLIC HEARING - APRIL 22, 1981 ~ ~ PUBLIC HEARING CALLED T© ORDER BY AT-FLOfTfr, JR :50 P.M. PRESENT: COUNCILMAN FRANK OBERBECK, COUNtdOWN Rf~M~RD VOTAPKA, COUNCILWOMAN FLORENCE PHELAN, MAYOR PAT FLOOD, JR., CITY ATTORNEY UA1VIEL' K£L~DE. ABSENT: VICE 'MAYOR EVERETT GASS, (ATTEKDTN6 HURR?ANE CONFERENCE) THE CITY CLERK READ THE NOTICE OF PUBLIC ~G ~ IT APPEARED IN THE PRESS JOURNAL APRIL 7 AND 19, 1981, TO CONSIDER THE ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, CITY CLERK MAYOR REGULAR COUNCIL MEETING - APRIL 22, 1981 MEETING WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR. AT 7:53 P.M. PRESENT: COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD VOTAPKA, COUNCILWOMAN FLORENCE PHELAN, MAYOR PAT FLOOD, JR., CITY ATTORNEY DANIEL KILBRIDE. ABSENT: VICE 'MAYOR EVERETT GASS (ATTENDING HURRICANE CONFERENCE) MR. KILBRIDE EXPLAINED THAT THE TWO FRANCHISE ORDINANCES WITH GENERAL DEVELOPMENT UTILITIES DID NOT INCLUDE A MAP OF THE FRANCHISE AREA OR A RATE SCHEDULE. THESE WOULD BE AN ATTACHMENT TO THE ORDIN- ANCE. THE ONLY DIFFERENCE IN THE ORDINANCE PRESENTED TONIGHT FROM THE PREVIOUS DRAFT IS IN SECTION 16, WHERE THE TERM "REASONABLE TIME" HAS BEEN CHANGED TO "180 DAYS". MR. KILBRIDE ADDED THAT HE HAS NOT FOUND A DEFINITION FOR "EXCLUSIVE" THAT SATISFIED HIM. COUNCILWOMAN PHELAN REMARKED THAT THE ORDINANCE WAS NOT SPECIFIC AS TO THE AREAS INCLUDED IN THE FRANCHISE. MR. KILBRIDE ADVISED THIS WAS INCLUDED IN EXHIBIT A ATTACHED. MAYOR FLOOD ADDED THAT HE APPROVED THE ATTACHMENT SO THAT WHEN GENERAL DEVELOPMENT APPLIED FOR ADDITIONAL FRANCHISES THEY COULD ALSO BE ATTACHED AND THE WHOLE ORDINANCE WOULD NOT HAVE TO BE RE-WRITTEN. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILWOMAN PHELAN, TO DISCUSS THE ORDINANCES FURTHER AT A SPECIAL WORKSHOP MEETING ON APRIL 29, 1981. CARRIED. MOTION BY COUNCILWOMAN PHELAN, SECONDED BY COUNCILMAN VOTAPKA, TO PERMIT GENERAL DEVELOPMENT CORP- ORATION TO BEGIN PUMPING WATER INTO PHAGE 1 OF UNIT 16. CARRIED. COUNCILMAN OBERBECK REPORTED THAT THE SPRINKLER SYSTEM AT THE BALL FIELD WILL BE IN OPERATION BY MAY 5. HE INTENDS TO PRESENT A BID FOR THE FENCE AT THE BALL FIELD AT THE NEXT WORKSHOP MEETING. HE MENTIONED THAT HE HAD RECEIVED A/LE~TER_F-R~S~AN RIVER AREA WOMEN'S CLUB REGARDING THE DONATE A PLANT TO THE SEBASTIAN PAI~K A~ ~LA~E A EIGN ~O~ING WHO DONATED IT. HE ALSO REPORTED THAT HE AND CHIEF CUMMINS HAD ORDERED JUMPER CABLES AND DOG\C~TCHING EQUIPMENT FOR THE POLICE CARS. MOTION BY COUNCILMAN VOTAPKA, SECOAT~ ~Y,,_., COUNCILMAN O~BECK, TO PERMIT BROWNIE TROOP #298 TO DONATE A PLANT TO BE PLACED ON THE NORTHWEST-CORN~ OF -~HE SEBASTIAN PARK AT STATE ROAD 512 AND U.S. 1 WITH A SIGN INDICATING THE DONOR. CARRIED. COUNCILWOMAN PHELAN ADVISED THAT SHE HAD TH UR MAYER, THE BUILDING OFFICIAL, IN REGARD TO REVISING THE SIGN ORDINANCE. MR. KILBRIDE WILL DRAFT A RESOLUTION INCd~ORA/INGI THE LEGAL DESCRIPTION IN REGARD TO THE MOVING OF AN EASEMENT ON THE SOUTH SIDE OF LOT 2 AN1),~TJWE N~H SIDE OF LOT 3, BLOCK 4. UNIT 1, SEBASTIAN HIGH- LANDS (MEYER). THE EASEMENT ON ~H~OU_'H[~IDF ~ ~OT p ~2~ I~E~ORTH SI. DE OF LOT ~, ~BLOCK~, UNIT 1, SEBASTIAN HIGH- AURANT ON U.S. 1 IN MARTIN' S SUBDIVISION WITH THE PROVISION THAT THE OWNER WOULD OPEN UP THE ALLEY AT HIS OWN EXPENSE. IT IS THE INTENTION TO MAKE THIS ALLEY ONE WAY GOING NORTH. SINCE THE PROPERTY OWNERS IN THIS AREA OBJECT TO THE OPENING OF THE ALLEY, IT WAS RECOMMENDED THAT. A PUBLIC HEARING BE HELD. MOTION BY COUNCILWOMAN PHELAN, SECONDED BY COUNCILMAN VOTAPKA, TO SET UP A PUBLIC HEARING ON MAY 6,1981, TO DISCUSS OPENING OF THE ALLEY BEHIND THE PROPOSED RESTAURANT IN MARTIN'S SUBDIVISION. CARRIED. NEW RULES AND REGULATIONS FOR THE RENTAL OF THE COMMUNITY CENTER AND YACHT CLUB WERE WRITTEN UP BY COUNCILMAN OBERBECK. MAYOR FLOOD SUGGESTED THAT THE RENTAL RATES NOT BE CHANGED. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN VOTAPKA, THAT THE RESOLUTION BE AMMENDED TO INCLUDE THE NEW RULES AND REGULATIONS FOR THE RENTAL OF THE COMMUNITY CENTER AND THE YACT CLUB ALONG WITH THE PERMIT APPLICATION AND THAT THE~WORD "RENTER" BE ABOVE THE CITY CLERK'S SIGNATURE. CARRIED. MR. KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE REQUIRING A 74' SET BACK ON COMFIER- CIAL PROPERTY ON STATE ROAD 512. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN VOTAPKA, TO ACCEPT THE FIRST READING BY TITLE ONLY OF ORDINANCE REQUIRING A 74' SET BACK ON COMMERCIAL PROPERTY ON STATE ROAD 512. ROLL CALL VOTE: AYES: COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NAYS: NONE CARRIED. REGULAR COUNCIL MEETING - A~RIL 22, 1981 A PUBLIC HEARING WAS SET FOR MAY 11, 1981, PRIOR TO THE REGULAR COUNCIL MEETING. MR. KILBRIDE READ IN ITS ENTIRETY AN EMERGENCY ORDINANCE DECLARING A TEMPORARY MORATORIUM UPON APPLICATION AND ISSUANCE OF BUILDING PERMITS ON COMMERCIAL PROPERTY ON STATE ROAD 512. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN VOTAPKA, TO ADOPT AS READ THE EMERGENCY ORDIN- ANCE DECLARING A TEMPORARY MORATORIUM UPON APPLICATION AND ISSUANCE OF BUILDING PERMITS IN THE COMM- ERCIAL DISTRICT OF STATE ROAD 512. ROLL CALL VOTE: AYES: COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NAYS: NONE. CARRIED. THE CITY CLERK READ A RESOLUTION FOR THE FEE FOR SAND MINING PERMIT. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN OBERBECK,TO ADOPT THE RESOLUTION ESTABLISHING A FEE OF $10.00 PER ACRE, OR ANY PART THEREOF, FOR A SAND MINING PERMIT FEE AS AUTHORIZED IN SECTION 7-113 OF THE CODE OF ORDINANCES, CITY OF SEBASTIAN, . CARRIED. MR. KILBRIDE HAS NOT YET COMPLETED THE RESOLUTION COVERING GOLF COURSE FEES. MOTION BY COUNCILWOMAN PHELAN, SECONDED BY COUNCILMAN VOTAPKA, TO TABLE THE RESOLUTION FOR GOLF COURSE FEES UNTIL COMPLETED. CARRIED. MOTION BY COUNCILMAN OBERBECK, SECON/DE~ BY_CO~v~O~t~KA, TO PERMIT THE SEBASTIAN SINGERS TO USE THE COMMUNITY CENTER EVERY TUESDAY ~FB~MISEPTE~R .8~ U~T~ ~ECEMBER 15 AND TO HOLD THEIR CHRISTMAS PRO- GRAMONDECEMBER12. ~-~ \'/ CARRIED. MOTION BY COUNCILMAN OBERBECK, SECOND~BY dOUNCILMAN ~O~APKA, TO TABLE THE ESTIMATE FOR IMPROVEMENTS ON llTH STREET UNTIL THE WORKSHOP ~_~G.__ __ ~ CARRIED. MR. KILBRIDE STATED IN REGARD TO ABANDONMENT OF EASEMENT ON THE SOUTH SIDE OF LOT 64AND THE NORTH SiDE OF LOT 65, BLOCK 299,. UNIT 11, SEBASTIAN ~~RERICKS) AND THE ABANDONMENT OF EASEMENT ON THE SOUTH SIDE OF LOT 65 AND NORTH SIDE OF LOT '6~, (UHpMPSON) , HE NEEDED DOCUMENTS FROM BOTH PROPERTY OWNERS GIVING THE CITY 5' EASEMENTS AND AE WOULD A~O LIKE TO SEE SURVEYS OF THE PROPERTIES. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY% OOJNFILM~N OBEREECK, TO TABLE THE ABANDONMENT OF EASEMENTS ON THE SOUTH SIDE OF LOT 64 AND NORTH SID~IF,'LOF--~5 , BLOCK 299, UNIT I1, SEBASTIAN HIGHLANDS, AND ON THE SOUTH SIDE OF LOT 65 AND THE NORTH SIDE OF LOT 66, UNTIL THE PROPER INFORMATION HAS BEEN RECEIVED. MOTION BY COUNC B . C VdTAPKA, IE ASHBURN TO SERVE ALCOHOLIC BEVERA~5T ~ ~D~N~TT~r~AT~OM~UA-ITY CENTer, AUGUSt 22. CARRIED. MOTION BY ,HEL ,S__fg N 3 LIC AN O__SSRE C , GIr,L TO SERVE ALCOHOLIC BEVERAGES AT A PRIVATE PAR AT THE YAC, T CLUB ON MAY 1. THE PROVISIONS THAT NO MINORS BE SERVED. CARRIED. MOTION BY COUNCILMAN OBERBECKi~ SECONDED BY COUNCILMAN VOTAPKA, TO PERMIT MRS. RICE TO PARK A TRAVEL TRAILER TEMPORARILY ON LOT 17, BLOCK 3, UNIT 5, SEBASTIAN HIGHLANDS, FOR 90 DAYS WHILE BUILDING A HOUSE. CARRIED. MAYOR FLOOD REPORTED THAT SENATOR LEWIS HAD BEEN IN TOUCH WITH HIM REGARDING THE POSSIBILITY OF HAVING THE HILL REMOVED ON STATE ROAD 512., COUNCILMAN VOTAPKA ASKED IF WE COULD GET A TRAFFIC COUNTER FOR STATE ROAD 512. MAYOR FLOOD SAID THAT WHILE HE IS IN TALLAHASSEE , HE COULD STOP BY THE DEPARTMENT OF TRANSPORTATION AND PICK ONE UP. COUNCILMAN~O~ERBE(K VOLUNTEERED TO GET IN TOUCH WITH SOMEONE FROM THE COUNTY AND GET A COUNTER. MAYOR FLOOD STATED THAT WHILE IN TALLAHASSEE HE WOULD TALK TO DALE PATCHETT ABOUT DISCONTINUING THE ISSUANCE OF OCCUPATIONAL LICENSES BY CITIES. THE COUNCIL AGREED THAT WE SHOULD BE ABLE TO ISSUE OCCUPATIONAL LICENSES TO ANY ONE DOING BUSINESS IN THE SEBASTIAN AREA. MAYOR FLOOD REPORTED THAT THE CETA PROGRAM HAD BEEN EXTENDED UNTIL JUNE 30, 1981. MR. KILBRIDE STATED HE FELT THE COUNCIL SHOULD MAKE A MOTION TO OPPOSE THE ADOPTION OF HOUSE BILL 692 AND ITS COMPANION BILL 639, REPEALING MUNICIPAL TAX LAWS. COUNCILWOMAN PHELAN ASKED IF A RES- OLUTION WOULD BE MORE EFFECTIVE AND MR. KILBRIDE AGREED THAT IT WOULD. MAYOR FLOOD SAID A RESOLUTION COULD BE SET UP AND FORWARDED AFTER THIS MEETING. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN ~OTAPKA, TO OPPOSE ADOPTION OF HOUSE BILL 392 AND ITS COMPANION BILL 639, REPEALING MUNICIPAL TAX LAWS. CARRIED. MEETING ADJOURNED AT 10:45 P.M. CITY CLERK MAYOR