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HomeMy WebLinkAbout06191985Jim Gallagher Mayor Cih.' q/' Sebastian POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) ,589-5330 PUBLIC HEARING & REGULAR CITY COUNCIL MEETING JUNE 19, 1985-7:00 P.M. AGENDA CALL TO ORDER ROLL CALL Deborah C. Krages City Clerk PLEDGE OF ALLEGIANCE TO THE FLAG ANNOUNCEMENTS/PROCLAMATIONS PUBLIC HEARING - ORDINANCE AMENDING SECTION 15-4/BUILDING HOURS OLD BUSINESS: ORDINANCE - AMENDING SECTION 15-4/BUILDING HOURS RIVER'S EDGE DRAINAGE PROBLEM/FRED HOFFMAN MAYOR'S'MATTERS: CITY COUNCIL MATTERS: CITY ATTORNEY'S MATTERS: NEW BUSINESS: PROPOSAL REGARDING THE GASOLINE TAX ORDINANCE - ANNEXING A PORTION OF LAND/WAUREGAN SUBDIVISION ORDINANCE - AMENDING SECTION 12-5.4/GOLF COURSE ADVISORY BOARD RECOMMENDATION OF PUBLIC WORKS DIRECTOR RE: STREET PAVING REQUEST FOR USE OF RECREATIONAL FACILITIES REQUEST TO ADDRESS CITY COUNCIL/GREGORY GORE REQUEST TO ADDRESS CITY COUNCIL/TAXPAYERS ASSOCIATION REPRESENTATIVES PAT FLOOD, JR. & BOB PALMER RE: PETITION DEMANDING REMOVAL OF CLIVUS MULTRUM ADJOURN NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. JUNE 19, 1985 MAYOR GALLAGHER CALLED THE MEETING TO ORDER AT 7:00 P.M. PRESENT: VICE MAYOR L. GENE HARRIS COUNCILMAN KENNETH ROTH COUNCILMAN PETER VALLONE MAYOR JIM GALLAGHER CITY ATTORNEY TOM PALMER COUNCILMAN RICHARD SZELUGA - EXCUSED COUNCILMAN VALLONE STATED THAT HE WISHED TO CONGRATULATE MR. ARNOLD ORONATO, A SEBASTIAN RESIDENT, AS THE NEWLY APPOINTED CHIEF OF POLICE, CITY OF FELLSMERE MAYOR GALLAGHER OFFERED HIS CONGRATULATIONS WITH THE CITY COUNCIL'S ON MR. ONONATO'S APPOINTMENT. MAYOR GALLAGHER STATED THAT MRS. BAMA LAWSON PASSED AWAY TUESDAY, JUNE 11, 1985, AND THAT SATURDAY, JUNE 22, 1985, THE CITY WAS GOING TO CELEBRATE MRS. LAWSON'S 103RD BIRTHDAY. MAYOR GALLAGHER ASKED THAT THE CITIZENS OF SEBASTIAN REMEBER MRS. LAWSON IN THEIR THOUGHTS AND PRAYERS. MAYORGALLAGHER OPENEDTHE PUBLIC HE~O~-~NAT 7:08 P.M. LO~~NDING SECTION 15-4 BUILDING HOURS THERE BEING NO INDICATION OF DESIRE -0 C~MENT ON THE PA¥10F THE PUBLIC, MAYOR GALLAGHER CLOSED THE PUBLIC HEARING AT 7:09 P.M. , ~J I I I _ _ LJ MAYOR GALLAGHER CALLED THE REGULAR COUNCIL MEETING TO ORDER AT 7:09 P.M. OLD BUSINESS: ~ ~ ATTORNEY PALMER READ, BY TITLE ONLY, FOR TFE S~CON)~L'~D FINAL TIME, AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTICN 12-4 ~F THE CODE OF ORDINANCES AND THEREBY ADDING CERTAIN PROHIBITIONS OF THE HOURS OF~OYr~:j?/AT;O~ OF HEAVY EQUIPMENT WHICH GENERATES LOUD NOISE: ALSO SPECIFYING CRITERIA FOR THE'~SSUA'~'CE OF A SPECIAL PERMIT TO ALLOW THE PROHIBITED ACTI¥ITIES OUTSIDE OF THE PROHIBITED HOURS: PROVIDING AN EFFECT DATE. READING OF AN ORDIN~kE OF ~ CIT'Y'NF ~E~S'~-IAN,,FI~RIDA A~EN[I~G ~E~C~l-~N 1~-~ OF THE CODE OF ORDINANCES A'N~'~THER[~5~Y AD[~I~N~ C[R~:AI~ PR.~_QI~B~TIO~S OF TF E ~O~kRS~OF [~)E~ATION OF HEAVY EQUIPMENT WH~L)G~NER~T-~S L(~l,~b~O~-~1 ~AL~O,-~P~CIFYI~G CR]T~R~A-~F~R TF~ ISSUANCE OF A SPECIAL PE~MII~-.T-O/AL[~;~--3H~I~EDLA~TI'V-I-T~IES O,-J~IDE-~F ~F~tE I~t~OI--I-EI~'ED ~.O~RS'~' ]:']' PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR HARRIS COUNCILMAN ROTH COUNCILMAN VALLONE' MAYOR GALLAGHER NAYS: NONE MOTION CARRIED. MR. HECTOR FRANCO, CITY BUILDING OFFICIAL, ADDRESSED THE COUNCIL ON HIS FINDINGS REGARDING THE DRAINAGE PROBLEM AT RIVER'SEDGE. MOTION BY VICE MAYOR HARRIS, SECONDED BY COUNCILMAN VALLONE, TO FOLLOW MR. FRANCO'S RECOMMENDATIONS AND GET UNDER WAY WITH THE PROJECT, AND TH T COUNCIL WILL TAKE THE NECESSARY STEPS TO ALLOCATE MONEY TO THE PROJECT IF IT IS NEEDED. ROLL CALL VOTE: AYES: VICE MAYOR HARRIS COUNCILMAN ROTH COUNCILMAN VALLONE MAYOR GALLAGHER NAYS: NONE MOTION CARRIED. MAYOR'S MATTERS MOTION BY VICE MAYOR HARRIS, SECONDED BY COUNCILMAN VALLONE, TO ADD TO THE AGENDA A REQUEST THAT THE WORKSHOP MEETING OF JULY' 3, ~(*%, TO MOVED TO TUESDAY, JULY 2, 1985, SO THAT THE MEETING DOES NOT CONFLICT WITH THE FOURTH OF JULY DANCE AT THE COMMUNITY CENTER. MOTION CARRIED. MOTI'ON.!BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN ROTH, TO ADD TO THE AGENDA A REQUEST FOR AN ABANDONMENT OF EASEMENT FOR LOTS 7 AND 8 BLOCK 280, UNIT 10, SEBASTIAN HIGHLANDS. MOTION CARRIED. MOTION BY COUNCILMAN VALLONE, SECONDED BY VICE MAYOR HARRIS, TO ADD TO THE AGENDA, A PROPOSAL FROM HASKINS AND SELLS TO TAKE ACTION. MOTION CARRIED. MINUTES P.H. & REGULAR COUNCIL JUNE 19, 1985 CITY COUNCIL MATTERS: COUNCILMAN ROTH STATED THAT HE RECEIVED FROM THE COUNTY TODAY, THE IMPACT STUDY, WHICH HE PASSED ON TO MR. FRANCO, THE BUILDING OFFICIAL, FOR HIS REVIEW. VICE MAYOR HARRIS STATED THAT HE DID NOT ATTEND THE TREASURE COAST REGIONAL PLANNING COUNCIL MEETING. VICE MAYOR HARRIS ALSO STATED THAT THE FIRST MEETING HE ATTENDED, HE FOUND THAT IF YOU DO NOT SIT AT THE COMMISSION TABLE, YOU CAN HARDLY HEAR WHAT IS BEING SAID. MAYOR GALLAGHER STATED THAT AS FAR AS HE WAS CONCERNED, VICE MAYOR HARRIS COULD USE HIS OWN JUDGEMENT REGARDING ATTENDING THE MEETINGS. AS LONG AS WHEN OUR AREA IS ON THE AGENDA, THAT HE BE THERE TO REPRESENT US. COUNCILMAN VALLONE REQUESTED THAT COMMISSIONER BIRD BE PUT ON THE WORKSHOP AGENDA, FOR THE JULY MEETING, 2nd or 3rd, TO PRESENT HIS PROPOSAL ON THE COUNTY WIDE PARKS AND RECREATION PROGRAM. MAYOR GALLAGHER DIRECTED CITY CLERK DEBORAH KRAGES TO DO SO. COUNCILMAN VALLONE QUESTIONED THE STATUS OF THE MOBILE HOME ON FULTON WAY. MAYOR GALLAGHER STATED THAT A MEMO DID GO OUT, AND THAT THE BUILDING DEPARTMENT INSPECTED THE HOME AND THE SEAL IS THERE? MOTION BY COUNCILMAN VALLONE, SECONDED BY VICE MAYOR HARRIS, TO BRING TO THE FLOOR A DISCUSSION oN LOO^T O, UL O, (MAYOR GALLAGHER VOTED NAY) I~ ~ MOTION DENIED CITY ATTORNEY'S MATTERS: ~J-] NEW BUSINESS: m MOTiONREGARDiNGBY THEGASOLINECOUNCILMAN ROTH,TAx,SECONDED BY VICAR t~l~S, TO ENDORSE AND EXECUTE THE CONTRACT ROLL CALL VOTE: AYES: VICE MAYOR H&RFIS COUNCILMAN~AC~q~~ COUNCILMAN MAYOR GALLAGHER ATTORNEY PALMER REA'B~ '~,OR T~LI] F: R~.l~ ~IM],~ I~Y~ TITt,~I~ ~NLY, ~N ORD] NA~C~_~ O~F 1H~ CI'TY OF SEBASTIAN, FLORID~--~N~E~IIIGI A SeUT~T! P~]]~T~O~-tSL~ kpT ~5, WAr REG~I~ rSI~B~I~ I~OM, LYING WEST OF U. S,' HIGHWAy iX~I~I)~EAST'D1~ -H~___.~O~A ~F.~S~ RA~LWAY~COr~_~Sl~_~G 0__~l._~32 ACRES, MORE OR LESS, PROVID'II~G AN~FFEC~FI~E DATE: MOTION BY COUNCILMAN VALLONE, SECONDED BY VICE MAYOR HARRIS, ~0 ACGEP~ AS READ, AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA ANNEXING A SOUTHEAST PORTION OF LOT 25, WAUREGAN SUBDIVISION, LYING WEST OF U. S. HIGHWAY 1 AND EAST OF THE FLORIDA EAST COAST RAILWAY CONSISTING OF 1.32 ACRES, MORE OR LESS: PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR HARRIS COUNCILMAN ROTH COUNCILMAN VALLONE MAYOR GALLAGHER NAYS: NONE MOTION CARRIED. MAYOR GALLAGHER STATED THAT A PUBLIC HEARING ON THIS ORDINANCE WILL BE SCHEDULED FOR JULY 17, 1985 PRIOR TO THE REGULAR COUNCIL MEETING. ATTORNEY PALMER READ, FOR THE FIRST TIME, BY TITLE ONLY, AN ORDINANCE OF THE CITY OF SEBASTIAN FLORIDA AMENDING PARAGRAPH (.a) OF SECTION 12-6.4 OF THE CODE OF ORDINANCES OF THE CITY, AND THEREBY CHANGING A QUORUM OF THE GOLF COURSE ADVISORY BOARD FROM FOUR MEMBERS TO THREE MEMBERS AND PROVIDING THAT THE WAITING TIME TO ESTABLISH A QUORUM SHALL BE FIFTEEN MINUTES; PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCILMAN ROTH, SECONDED BY ViCE MAYOR HARRIS, TO ACCEPT THE FIRST READING OF AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING PARAGRAPH (a) OF SECTION 12-5.4 OF THE CODE OF ORDINANCES OF THE CITY, AND THEREBY CHANGING A QUORUM OF THE GOLF COURSE ADVISORY BOARD FROM FOUR MEMBERS TO THREE MEMBERS, AND PROVIDING THAT THE WAITING TIME TO ESTABLISH A QUORUM SHALL BE FIFTEEN MINUTES: PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR HARRIS COUNCILMAN ROTH COUNCILMAN VALLONE MAYOR GALLAGHER NAYS: NONE MOTION CARRIED. MAYOR GALLAGHER STATED THAT A PUBLIC HEARING ON THIS ORDINANCE WILL BE SCHEDULED FOR JULY 10, 1985, PRIOR TO THE REGULAR COUNCIL MEETING. MINUTES P. H. & REGULAR COUNCIL JUNE 19, 1985 MOTION BY COUNCILMAN ROTH, SECONDED BY VICE MAYOR HARRIS, TO GO OUT TO BID FOR TONAGE REQUIREMENT TO COMPLETE PROJECT. MOTION CARRIED. MOTION BY COUNCILMAN ROTH, SECONDED BY COUNCILMAN VALLONE TO APPROVE A REQUEST BY THE INDIAN ASSOCIATION TO SERVE ALCOHOLIC BEVERAGES JULY 7, 1985, AT THE COMMUNITY CENTER. MOTION CARRIED. ATTORNEY GREGORY GORE ADDRESSED COUNCIL STATING THAT HE WAS REPRESENTING LOUNGE OWNERS OF SEBASTIAN. THE REQUEST WAS THAT THE LOUNGE OWNERS BE PERMITTED TO SERVE ALCOHOLIC BEVERAGES AN ADDITIONAL TWO (2) HOURS ON FRIDAY AND SATURDAY NIGHTS. ATTORNEY GORE REQUESTED THAT THE CITY COUNCIL DRAW UP AN ORDINANCE PERTAINING TO THiS REQUEST AND HOLD A PUBLIC HEARING ON IT. OTION BY COUNCILMAN ROTH, SECONDED BY COUNCILMAN VALLONE TO DENY THE REQUEST. ROLL CALL VOTE: AYES: VICE MAYOR HARRIS COUNCILMAN ROTH COUNCILMAN VALLONE MAYOR GALLAGHER NAYS: NONE MOTION CARRIED. MR.oF THE CLI'VUSMULTRUM. BOB PALMER SUBMITTEDTO COUNCIL ~BL-~C L~%~)R~~NAL SIGNATURES FOR THE REMOVAL CITY CLERK, DEBORAH KRAGES, STATED T~ATrT4~E ORIGI~A_ PET,T,ON WITH THE ORIGINAL SIGNATURES HAS NEVER BEEN TURNED IN TO CITY HAL~. JM,S. KRAG--S HAS ,N~Y RE CEIV'ED A COPY OF THE PETITION. MAYORGALLAGHER STATED THAT SINCE THE~,I)J~GIB~kL HA~-~OT B~-ti SUBMITTED TO CITY HALL, MR. BOB PALMER SHOULD HOLD THE ADDITIONAL NAMES UNTIL BOTH ORIGINAL PETITIONS ARE COORINATED. COUNCILMAN 'VALLONE STATED THAT IT HAS BRO'U~Z-~'~ H~ENTION THAT ONE OF THE QUESTIONS REGARDING THE RESTROOM FACILITY AT THE PARK -S t~AVII~__POTABLE WATER THERE. COUNCILMAN VALLONE ALSO STATED THAT HE WAS A LITTLE SET BAC~< ~I~l REGARDS TO THE PRICE OF THE CLIVUS MULTRUM SO HE HAS TAKEN IT UPON HIMSELF TO D~ SOIqE R~--~EARCH. POI~ABLE WATER SYSTEM AND DRINKING FOUNTAINS - $3,841.60. 900 GALLON SEPTIC ~Ix~/ $1,_~00.00, $50.00 SQUARE FOOT FOR BUILDING - $10,000.00. TOTAL IS UNDER $15,000.00 COUNCII~?AN YA~--LONE STATED THAT HE WOULD LIKE TO HAVE THE CLIVUS MULTRUM REMOVED AND SELL IT AND USE THE MONEY FROM THE SALE OF IT FOR CONVENTIONAL lo ,ox. ¥ COUNCIL, HE WOULD ASK THAT THE PETITIONS BE TURNED OVER TO THE RECREATION COMMITTEE. MAYOR GALLAGHER STATED THE ORIGINAL PETITION HAS TO BE SUBMITTED TO CITY HALL, SO TECHNICALLY COUNCIL DOES NOT HAVE PETITION. VICE MAYOR HARRIS STATED THAT A LOT OF FIGURES HAVE BEEN THROWN AROUND. VICE MAYOR HARRIS ALSO STATED THAT HE WOULD LIKE TO HAVE A SPECIAL MEETING AS SOON AS POSSIBLE REQUESTING MR. MASTELLER TO ATTEND TO ANSWER QUESTIONS AND GET THE PUBLIC SATISFIED ONCE AND FOR ALL. MAYOR GALLAGHER STATED THAT THE PARKS AND RECREATION COMMITTEE SUMMONED MR. MASTELLER AND CAROL CARSWELL, FINANCE DIRECTOR, TO A MEETING APPROXIMATELY TWO WEEKS AGO, WHICH VICE MAYOR HARRIS WAS IN ATTENDANCE, AND IN MAYOR GALLAGHER'S OPINION, MR MASTELLER HAD ANSWERED ALL THE QUESTION IN A VERY PROFESSIONAL MANNER. MAYOR GALLAGHER STATED THAT THE RESPONSIBLE:<THING]i TO DO, 1S IF COUNCIL DOES NOT LIKE THE CLIVUS MULTRUM SYSTEM, THEN AT BUDGET TIME, WHICH IS ONLY A FEW MONTHS AWAY, COUNCIL SHOULD BUDGET FOR A SYSTEM THAT IS ACCEPTABLE TO THEM. VICE MAYOR HARRIS STATED THAT THERE WAS A PARKS AND RECREATION COMMITTEE MEETING APPROXIMATELY TWO WEEKS AGO, THAT WAS NOT THAT GREATLY ATTENDED. VICE MAYOR HARRIS ALSO STATED THAT SINCE THAT TIME A LOT OF FIGURES HAVE BEEN THROWN AROUND AND IT WOULD BE GOOD IF WE HAD THE BIDS THAT WERE SUBMITTED, THE SPECS THAT WERE SUBMITTED, AND FIND OUT WHY OTHER CONTRACTORS DID NOT BID ON IT. COUNCILMAN VALLONE STATED THAT HE WOULD SUPPORT THAT AND PUT IT TO REST. COUNCILMAN VALLONE STATED THAT HE WOULD LiKE TO SEE IF PROPER BID PROCEDURES WERE FOLLOWED. HE UNDERSTOOD THERE WAS ONLY BID WAS ACCEPTED FOR APPROXIMATELY $80,000.00, AND THAT'S TOTALLY OFF THE WALL. THERE ARE A LOT OF QUESTIONS THAT HAVE TO ANSWERED AND A SPECIAL MEETING IS NEEDED TO GET TO THE BOTTOM OF IT. COUNCILMAN ROTH STATED THAT IT IS POSSIBLE THAT COUNCILMAN VALLONE'S FIGURES TO DIG A WELL COULD BE CORRECT, BUT WHAT THE STATE REQUIRES IS TWO DIFFERENT THINGS. COUNCILMAN ROTH STATED THAT IT IS A PUBLIC FACILITY AND THE REQUIREMENTS THAT THE CITY HAS TO FOLLOW DIFFER A LOT FROM A PRIVATE RESIDENCE. COUNCILMAN ROTH ALSO STATED THAT HE AGREES WITH THE MAYOR THAT WE BUDGET MONEY AND CORRECT THE SITUATION. NO MOTION WAS MADE TO CHANGE THE WORKSHOP MEETING FROM JULY 3, 1985 to JULY 2, 1985. ~~sPALMER READ BY TITLE ONLY, A RESOLUTION VACATING, ABOLISHING, ABANDONING AND DISCONTINUING BETWEEN THE SOUTHEAST SIDE OF LOT 7 AND THE NORTHWEST SIDE OF LOT 8, BLOCK 280, UNIT 10, SEBASTIAN HIGHLANDS, MINUTES P.H. & REGULAR COUNCIL JUNE 19, 1985 MOTION BY COUNCILMAN ROTH, SECONDED BY COUNCILMAN VALLONE, TO ADOPT A RESOLUTION VACATING, ABOLISHING ABANDONING AND DISCONTINUING EASEMENTS BETWEEN THE SOUTHEAST SIDE OF LOT 7 AND THE NORTHWEST SIDE OF LOT 8, BLOCK 280, UNIT 10 , SEBASTIAN HIGHLANDS. ROLL CALL VOTE: AYES: VICE MAYOR HARRIS COUNCILMAN ROTH COUNCILMAN VALLONE MAYOR GALLAGHER NAYS: NONE MOTION CARRIED. MOTION BY COUNCILMAN ROTH TO AWARD THE BID TO HASKINS AND SELLS AS THE CITY AUDITORS. COUNCILMAN ROTH WITHDREW HIS MOTION. MOTION BY VICE MAYOR HARRIS, SECONDED BY COUNCILMAN VALLONE, THAT A COUNTER OFFER BE MADE TO HASKINS AND SELLS FROM THE AMOUNT OF $13,000.00 to $12,000.00. MOTION CARRIED. MOTION BY VICE MAYOR HARRIS, SECONDED BY COUNCILMAN ROTH, TO BRING THE WORKSHOP DATE BACK ON THE AGENDA. MEETING FROM WEDNESDAY JULY 3, 1985, TO TUE~D~Y~JL¥ 2, ]965 at\7:~O P.M. MOTION CARRIED. MOTION BY COUNCILMAN ROTH TO ADJOURNkxTJ~ME-~-i~ING.N MEETING ADJOURNED AT 8:32 P.M. CITY CLERK MOTION CARRIED. THESE MINUTES WERE APPROVED BY COUNCIL AT THE WORKSHOP ON AUOUST 7, 1985.