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HomeMy WebLinkAbout06181980REGULAR COUNCIL MEETING - JUNE 18, 1980 MEETING WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR. AT 7:00 P.M. PRESENT: VICE MAYOR GRAY, COUNCILMAN FRANK OBERBECK, MAYOR PAT FLOOD, JR., CITY ATTORNEY DANIEL KILBRIDE, JR., COUNCILWOMAN DOROTHY W. MC KINNEY, AND COUNCILMAN EVERETT T. GASS. COUNCILMAN OBERBECK MENTIONED THAT WILLIAM BEPLER AND HIS WIFE HAVE DONE QUITE A JOB OF BEAUTIFYING THE AREA AROUND THE SEBASTIAN SOCIAL CENTER BY THE PLACEMENT OF PLANTS AND CUTTINGS. COUNCILMAN OBERBECK ADVISED THAT THE COMMUNITY CENTER IS BEING REPAINTED. THE BALLFIELD WILL BE GRADED SHORTLY AND THE INFIELD STARTED. COUNCILMAN OBERBECK REQUESTED PERMISSION OF THE COUNCIL TO REMOVE FOUR TREES FROM THE SIDELINES OF THE FOOTBALL FIELD. THESE TREES ARE ONLY FOUR FEET FROM THE SIDELINES AND HE WAS OF THE OPINION THAT THEY REPRESENTED A HAZARD. VICE MAYOR GRAY STATED THAT THE FIELD ORIGINALLY WAS SUPPOSED TO BE 40 YARDS WIDE INSTEAD OF THE 50 YARDS NOW PROPOSED AND THE TREES WERE LEFT THERE INTENTIONALLY. COUNCILMAN OBERBECK ADDED THAT HE JUST WANTED TO BRING THIS TO ATTENTION AND PERHAPS SOMEONE WOULD GO WITH HIM TO CHECK INTO IT. COUNCILWOMAN MC KINNEY ANNOUNCED THAT A NEW PUMP HAS BEEN INSTALLED AT THE CEMETERY. SHE CONGRATU- LATED THE SEBASTIAN CEMETERY ASSOCIATION FOR AUTHORIZING THE PAVING OF ROADS IN THE CEMETERY. COUNCILMAN GASS STATED THAT HE IS STILL DISCUSSING THE RELOCATION OF STREET LIGHTS WITH THE FLORIDA POWER AND LIGHT COMPANY AND IS TRYING TO SPEED UP THE PROGRAM. DALE WEHR REPORTED THAT THE AQUATIC WEED CONTROL PROPLE HAVE SPRAYED AGAIN. A LOT OF PEOPLE HAVE COMPLAINED ABOUT RATS AND MR. WEHR SAID HE DID NOT KNOW WHAT COULD BE DONE ABOUT THE PROBLEM. 40 TONS OF COLD PATCH WILL BE COMING IN AND THE POTHOLES WILL BE PATCHED. MOTION BY COUNCILWOMAN MC KINNEY, SECONDED BY VICE MAYO~ G~AY, TO ACCEPT THE AMENDMENT OF THE LEASE COUNCILMAN OBERBECK CGUF~JJDWOMA~-MC KINNEY CO U~C r L ~A.¥ ~SS BLOCK, WHICH is 2 s.-7'Z Rr-m' o EU TIV Z AC E zA oF WHICH PORTION IS ALREADY IN THE Cl'Y,F..~MR. ~'~'3~LB~IWE~.&AV~ ~.rRSY,,R'~ADINC OF T~E OR~I~CE I~[ ~TS ENTIRETY. ORDINANCE ANNEXiN~ OF BL~C~H~E~ A~ON T~SEB~I~, ~nR~D IN P~T BOOK 3, PAGE 1, PUBLIC RECORDS OF ST. LUCIE COUNTY; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, F~RIDA . ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK MAYOR FLOOD COUNCILWOMAN MC KINNEY COUNCILMAN GASS NAYS: NONE. CARRIED. A PUBLIC HEARING WILL BE HELD ON THIS ORDINANCE PRIOR TO THE REGULAR COUNCIL MEETING ON JULY 23,1980. MR. KILBRIDE STATED THAT HE HAS NOT YET HAD TIME TO PREPARE THE VEHICULAR PARKING ORDINANCE. MR. KILBRIDE READ IN ITS ENTIRETY A RESOLUTION AUTHORIZING CABLE TELEVISION FUND VIII-A TO OPERATE A COMMUNITY ANTENNA SYSTEM. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN MC KINNEY, TO APPROVE A RESOLUTION AUTHORIZING CABLE TV FUND VIII-A, JONES INTERCABLE, INC., GENERAL PARTNER, TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA SYSTEM IN THE CITY OF SEBASTIAN UNDER THE TERMS AND CONDITIONS AS SET FORTH IN ORDINANCE NO. 218, AS AMENDED, THE CABLEVISION FRANCHISE ORDINANCE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK MAYOR FLOOD COUNCILWOMAN MC KINNEY COUNCILMAN GASS NAYS: NONE. CARRIED THERE FOLLOWED A DISCUSSION OF THE AIRPORT LEASE OF FLY FLORIDA, INC. AND AIRPORT LEASES IN GENERAL. THE FLY FLORIDA, INC. LEASE HAS BEEN APPROVED BY THE AIRPORT ADVISORY BOARD AND THE FEDERAL AVIATION ADMINISTRATION. IT IS OWNED BY JOHN DREW AND GIn SWIGER, WHO IS A MEMBER OF THE AIRPORT ADVISORY BOARD. MR. SWIGER DID NOT VOTE WITH THE BOARD AND SIGNED A CONFLICT OF INTEREST. JOHN VAN ANTWERP, THE AIRPORT MANAGER, IS CONCERNED WITH THE FACT THAT OUT OF FOUR OR FIVE LEASES APPROVED BY THE COUNCIL IN THE RECENT PAST, ONLY ONE BUSINESS IS iN OPERATION (HIS), AND HE IS FEARFUL THAT THE 676 RESOLUTION NO, R~80" X~ A RESOLUTION AUTHORIZING CABLE TV FUND VIII - A, JONES iNTERCABLE, INC., GENERAL PARTNER TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA SYSTEM IN THE CITY OF SEBASTIAN UNDER THE TERMS AND CONDITIONS AS SET FORTH IN ORDINANCE NO, 218, AS AMENDED, THE CABLEVISION FRANCHISE ORDINANCE. WHEREAS, the Council has been informed that all of the stock of Indian River Cablevision, inc. has been acquired and converted to assets which will be held by Cable TV Fund VIII -A; and, WHEREAS, the Council has determined that said transfer is not adverse to the best interests of the City of Sebastian; and, WHEREAS, said company has agreed to comply with all of the terms of Ordinance No. 218, as amended, the Cablevision Franchise Ordinance; NOW THEREFORE, Be It Resolved by the City Council of the City of Sebastian, as follows: 1. The Council hereby approves the transfer of the non- exclusive franchise to operate and maintain a community antenna television system, now owned and operated by Indian River Cable- vision, Inc., to Cable TV Fund VIIi-A, Jones Intercable, Inc., General Partner, and may operate said system within the corporate limits of the City of Sebastian. 2. This approval is conditioned upon said franchisee fully complying with the terms and conditions of Ordinance No. 218, as amended, the Cablevision Franchise Ordinance of the City of Sebastian. I HEREBY CERTIFY that the foreoging Resolution was passed by the City Council of the City of Sebastian, Florida, on the 1980. ATTEST: CITY OF SEBASTIAN, FLORIDA REGULAR COUNCIL MEETING - JUNE 18, 1980 (PAGE 2) AIRPORT WILL GET THE REPUTATION OF BEING A "LOSER". HE FEELS THE COUNCIL SHOULD BE MORE SELECTIVE IN APPROVING LEASES. MAYOR FLOOD SUGGESTED THAT BEFORE ANY OTHER LEASES ARE CONSIDERED, WE SHOULD LOOK INTO THE POSSIBILITY OF OBTAINING A MASTER PLAN FOR THE AIRPORT AND WE ARE IN THE PROCESS OF TRYING TO OBTAIN STATE FUNDS. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILMAN OBERBECK, TO APPROVE THE LEASE FOR FLY FLORIDA, INC. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK MAYOR FLOOD COUNCILWOMAN MC KINLEY COUNCILMAN GASS NAYS: NONE. CARRIED. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILWOMAN MC KINLEY, THAT THE LEASE OF FLY FLORIDA, INC. BE AMENDED TO REFLECT THAT THIS LEASE IS APPROVED ON CONDITION THAT THE TENANT PAYS 2¢ A GALLON FOR ALL SALES OF GASOLINE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK MAYOR FLOOD COUNCILWOMAN MC KINLEY COUNCILMAN GASS NAYS: NONE. CARRIED. GIL SWIGER, WITH REGRET, TENDERED HIS ~S.S. rG~ArION AS A ~?R OS ~S ~r~O~ ~rVZSO~Y ~0~. MOTION BY VICE MAYOR G~Y, SECONDED BY ~NCI~AN OBERBE~K~ TO PERMIT MERL ECKERT TO PARK A T~ILER RESOLUTION WAS READ BY THE CITY CLERK COVER~B~ENT OF EASEMENT BETWEEN LOTS 21 AND 22, BLOCK 377, UNIT 11. i ~ ~ ~ MOTION BY COUNCILMAN GASS, SECONDED BY COUNC!IWCMAN~ KINLEY, TO APPROVE ABANDONMENT OF EASEMENT BETWEEN LOTS 21 AND 22, BLOCK 377, UNIT ll~B~SlI~ HIGHLANDS. (ABBOTT). CARRIED. THERE WAS A LENGTHY DISCUSSION ON THE COMPREHENSIVE LAND USE PLAN. MAYOR FLOOD REPORTED THAT HE HAD MET WITH THE COUNTY COMMISSIONERS AND THE ~AJO~ITY OS THEM FE~T THAT THERE WAS AT LEAST A MORAL OBLI- GATION To FULFILL~'~O~RA~ ~ DA~AR~3~ ~S~ICff~ HI~%%~0 WORK ON THE PLANS FOR ~OTH FELLSMERL~,SS~A~ ~ HAt ~X~ ~,,,~ OFF ,HE ~0~ Tf /~RLZT~E COUNTY'S PLAN. MEETING ON JUNE 25,~ E~ ~'~ ~HO~ M~ER ~N AS ~ ST~SO~ ~DERSTAND WHAT THE SITUATION IS. CARRIED. A LETTER WAS RECEIVED FROM JAMES BURNS, SUPERINTENDENT OF SCHOOLS, ASKING THAT AN ORDINANCE BE PASSED SAYING THAT NO PARKING OF VEHICLES IS PERMITTED ON SCHOOL GROUNDS OR ON THE GRASSY AREAS. MR. KILBRIDE WILL CHECK INTO WHETHER THE CITY HAS A RIGHT TO ENFORCE ANYTHING ON SCHOOL BOARD PROPERTY AND REPORT BACK AT THE NEXT WORKSHOP MEETING. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COONCILWOMAN MC KINLEY, THAT THE MEMORIAL STONE IN THE CEMETERY EITHER BE REMOVED OR THE NAMES REMOVED, NO LATER THAN 30 DAYS FROM THIS DATE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK MAYOR FLOOD COUNCILWOMAN MC KINLEY NAYS: COUNCILMAN GASS CARRIED. MAYOR FLOOD ADVISED THAT A LETTER HAD BEEN RECEIVED FROM WAYNE ALLEN~ GENERAL DEVELOPMENT CORPORA- TION, AGREEING TO MAKE THE FOLLOWING CHANGES TO THE REVISED DRAINAGE PLANS: TO GRASS THE BOTTOM OF DRAINAGE DITCHES IN LIEU OF PUTTING DOWN SOIL CEMENT; TO GRADE THE SLOPES OF DRAINAGE DITCHES TO A 5 TO 1 SLOPE; TO INSTALL RIP RAP, 3 BAGS HIGH. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GRAY~ TO PERMIT MR, JAY ANDRE TO BRING UP A MATTER NOT ON THE AGENDA. CARRIED. MR. ANDRE SUGGESTED THAT SINCE OTHER ROADS ARE BEING REPAVED AND THE EQUIPMENT IS IN THE AREA, DIVIDED PARKWAY FROM THE INTERSECTION OF EASY STREET AND LAKE DRIVE TO S.R. 512 SHOULD ALSO BE REPAVED. MAYOR FLOOD REQUESTED VICE MAYOR GRAY AND ARTHUR MAYER TO CHECK INTO THIS. THE MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GRAY, TO PERMIT MAYOR FLOOD TO BRING UP A MATTER NOT ON THE AGENDA. CARRIED. MAYOR FLOOD ADVISED THAT THERE IS A VERY BAD WATER PROBLEM AT RIVERtS EDGE AND MR. ELLIOTT KEPPLER HAS BEEN NOTIFIED THAT NO CERTIFICATES OF OCCUPANCY OR BUILDING PERMITS WILL BE ISSUED UNTIL THE WATER IS CLEARED UP. THE CITY DOES NOT HAVE A WATER FRANCHISE WITH MR. KEPPLER, NOR A SEWER PLANT REGULAR COUNCIL MEETING - JUNE 18, 1980 (PAGE~-3) FRANCHISE, BUT MAYOR FLOODFEELS THAT THE CITY MUST STEP IN AND DO SOMETHING ABOUT THIS SITUATION SINCE THE HEALTH AND WELFARE OF OUR CITIZENS IS INVOLVED. MR. KEPPLER WAS ALSO INFORMED THAT HE MUST SUBMIT A DRAINAGE PLAN TO THE CITY. WE DO HAVE A UTILITIES ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER FRANCHISES, AND NO ONE WILL BE ALLOWED TO PUT IN A SYSTEM WITHOUT GOING THROUGH THE FULL PROCEDURE. THIS ORDINANCE WAS NOT IN EFFECT WHEN MR. KEPPLER'S PROPERTY WAS ANNEXED INTO THE CITY. AT THE PRESENT TIME GENERAL DEVELOPMENT CORPORATION ISREQUESTING THAT PARAGRAPH "f" ON PAGE 4 OF THIS ORDINANCE (NO. 78-6) BE AMENDED. RELATIVE TO THIS DISCUSSION ON WATER AND SEWER FRANCHISES, MR. MAYER STATED THAT IN UNIT 16, SEBASTIAN HIGHLANDS, THERE ARE NO ROADS, NO WATER, NO SEWER. YET GENERAL DEVELOPMENT CORPORATION IS SELLING HOMES IN THAT AREA AND PEOPLE ARE EXPECTING TO OBTAIN BUILDING PERMITS. MAYOR FLOOD ADVISED THAT THIS WHOLE QUESTION IS BEING STUDIED, AND UNTIL WEGET A FEW MORE ANSWERS, NO BUILDING PERMITS SHOULD BE ISSUED IN THAT AREA. MEETING ADJOURNED AT 10:00 P.M. City Clerk Mayor SPECIAL COUNCIL MEETING - JUNE 25, 1980 SPECIAL MEETING WAS CALLED TO ORDER BY MAY~R~A~ FL~, JR. AT 7:00 P.M. PRESENT: VICE MAYOR LEWIS GRAY, COUNCILMAN FRAMK O~BECK, MAYOR PAT FLOOD, JR., ATTORNEY DANIEL M. KILBRIDE, JR., COUNCILWOMAN DOROTHY MC ~¥, A~DCOUNCILMAN GASS. MAYOR FLOOD REQUESTED PERMISSION OF THE COUNCIL TO BRING ON THE FLOOR A RESOLUTION FOR ABANDONMENT OF EASEMENT AND A REQUEST FOR A TRAILER PARKING PERMIT. RESOLUTION COVERI NDO NI ~ S 'A BY A rTORN~.Y E. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN MC KINLEY, TO APPROVE A RESOLUTION TO ABANDON EASEMENT BETWEEN LOTS 5 AND 6, BLOCK 362, UNIT 11, SEBASTIAN HIGHLANDS. (DOUGHERTY). CARRIED. AN ABANDON- MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILMAN OBERBECK, TO PARK A TRAILER TEMPORARILY ON LOTS 21 AND 22, BLOCK 377, 90 DAY PERIOD. CARRIED. TO GRANT PERMISSION TO JOHN M. ABBOTT UNIT ll, SEBASTIAN HIGHLANDS, FOR A THE PURPOSE OF THE SPECIAL MEETING WAS TO DISCUSS THE COMPREHENSIVE LAND PLAN. IN ATTENDANCE WERE DON DEESON, COUNTY COMMISSIONER, DAVID REVER AND DAVID MARSH, COUNTY PLANNING DEPARTMENT, AND MEMBERS OF THE SEBASTIAN ZONING AND PLANNING COMMISSION. DAVID MARCH GAVE A SUMMARY OF THE STATUS OF THE COMPREHENSIVE PLAN - THE LAND USE ELEMENT, TRANSPOR- TATION AND RECREATION ARE 80% COMPLETE; HOUSING 25%; UTILITIES 65%; CONSERVATION/COASTAL ZONE 30%; ELECTRICAL 90%; INTERGOVERNMENTAL 0%. THE OVER-ALL PLAN IS ABOUT 70% COMPLETE. IT IS ESTIMATED THAT IT WILL TAKE APPROXIMATELY 250 - 300 MAN HOURS TO COMPLETE THE DRAFTS ON ALL THE ELEMENTS TO ENABLE US TO GO INTO WORKSHOP MEETINGS AND PUBLIC HEARINGS AND GET INTO THE ADOPTION PROCESS. ALSO, AN ADDITIONAL 200 HOURS FOR THE REMAINING GRAPHICS AND TYPING. THIS IS BASED ON QUALITY TIME DEVOTED STRICTLY TO THE CITY OF SEBASTIAN. DAVID REVER STATED THAT HE HAD NEVER FELT THAT THEY DID NOT WANT TO DO THE JOB, BUT JUST HAD OTHER PRIORITIES. HE ADDED THAT HE FELT THEY HAD A MORAL OBLIGATION. MR. REVER RECOMMENDED THAT THERE SHOULD BE SOME PAYMENT FOR ADDITIONAL SERVICES. THE MONEY PREVIOUSLY GIVEN BY THE STATE HAS BEEN UTILIZED. MORE TIME HAS BEEN PUT IN THAN THAT MONEY COULD POSSIBLY COVER. HOWEVER, HE THOUGHT THIS WAS A MATTER WHICH SHOULD BE DECIDED BETWEEN THE COUNTY COMMISSION AND THE CITY. THE COUNTY PLAN- NING DEPARTMENT HAS BEEN GRANTED AN EXTENSION OF TIME UNTIL JUNE 1, 1981, AND IT IS LIKELY THAT THE CITY OF SEBASTIAN'S REQUEST FOR AN EXTENSION WiLL BE GRANTED. IT IS HOPED THAT THE COUNTY PLAN WILL BE COMPLETED BY NOVEMBER 1 AND IF THE CITY IS WILLING TO WAIT UNTIL AFTER THAT TIME, THEN MORE EFFORT WILL BE DEVOTED TO COMPLETING OUR PLAN BY JUNE 1, 1981. MR. REVER ALSO STATED THAT IF A FIGURE COULD BE ARRIVED AT, IT WOULD BE CHEAPER THAN IF THE CITY HIRED A CONSULTANT TO COME IN AND COMPLETE THE PLAN. VICE MAYOR GRAY FELT THERE WAS NO SENSE IN HIRING A THIRD PARTY, BUT MAYOR FLOOD REMARKED THAT HE MIGHT BE ABLE TO GET A THIRD PARTY AT NO COST TO GIVE US AN ESTIMATE. WE HAVE TO HAVE SOME KIND OF FIGURE TO INCORPORATE INTO OUR BUDGET. DON DEESON THOUGHT THAT IF THE COUNTY COMMISSION"IS GIVEN SOME IDEA OF THE HOURS INVOLVED, THEY WOULD COME UP WITH A LUMP SUM FIGURE.