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HomeMy WebLinkAbout08101981PUBLIC HEARING - AUGUST 10, 1981 PUBLIC HEARING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M. PRESENT: COUNCILMAN RICHARD VOTAPKA, COUNCILWOMAN FLORENCE PHELAN, MAYOR PAT FLOOD, JR., ATTORNEY DAVID ALBRECHT AND COUNCILMAN FRNAK OBERBECK ( CAME IN LATE ) ABSENT: VICE MAYOR EVERETT T. GASS ( VACATION ) ATTORNEY DANIEL KILBRIDE ( VACATION ) THE CITY CLERK READ THE NOTrCE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, JULY 19 AND 26, 1981, TO CONSIDER THE ADOPTION OF AN ORDINANCE DECLARING A TEMPORARY MORATORIUM UPON APPLICATIONS FOR AND ISSUANCE OF BUILDING PERMITS ON STATE ROAD 512. ATTORNEY RENE VAN DE VOORDE STATED THAT HE DID NOT UNDERSTAND THE PURPOSE OF THE MORATORIU~ BEING IT WAS THE SECOND ONE THE COUNCIL HAS IMPOSED. HE EXPLAINED THAT IT WAS CREATING A HARDSHIP ON PROPERTY OWNERS IN THE AREA AND THAT IT WAS STOPPING THE GROWTH AND THE DEVELOPMENT IN THE COMMUNITY. COUNCILMAN VOTAPKA EXPLAINED THAT IN THE ORIGINAL COMPREHENSIVE LAND USE PLA~, THE PROPERTY WAS ORIGINALLY ZONED AS RESIDENTIAL INSTEAD OF STRIP ZONING AND SINCE THAT TIME, THE CITY HAS A NEW CITY PLANNER, MR. LES SOLIN. MR. SOLIN RECOMMENDED IN TH-E COMPREHENSIV~ LAND USE PLAN, THAT AN ARCHITECTURAL COMMITTEE SHOULD BE SET UP AND THEN AN ~ARCHITECTURAL BOARD WOULD BE ESTABLISHED. THE ARCHITECTURAL BOARD WiLL SUGGEST OR RECOMMEND SOME TYPE OF UNIFORMITY IN BUILDING THA/~ULi1 ~F-Ug~--~--~ GUIDE LINE FOR DEVELOPERS. COUNCILMAN VOTAPKA STATED THAT HE WOULD'B~ ~EETING. W~-W~ LES SOLIN AND THE ARCHITECTS THIS MONTH TO ESTABLISH THE ARCHITECTURAL ~ARD. ~/ OF TRAFFIC. THE CITY CLE D I T DIUANCE ~E G A MPORARY MORATORIUM UPON APPLICATIONS FO AND ISSUANCE OF BUILDING PE~ITS~N STATE ~AD 512. IT WAS DETERMINED THAT THE ORDINANCE DID INCLUDE BOTH THE NORTH AND SOUTH SIDE. MAYOR FLOOD SUGGESTED THAT NO ACTION SHOULD BE TAKEN AT THIS MEETING AND THAT IT BE TABLED UNTIL A FULL COUNCIL WAS PRESENT. PUBLIC HEARING CLOSED AT 8:05 P.M. CITY CLERK MAY'OR PUBLIC HEARING - AUGUST 10, 1981 PUBLIC HEARING WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 8:05 P.M. PRESENT: COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD VOTAPKA, COUNCILWOMAN FLORENCE PHELAN, ATTORNEY DAVID ALBRECHT AND MAYOR PAT FLOOD, JR. ABSENT: VICE MAYOR EVERETT T. GADS ( VACATION ) ATTORNEY DANIEL KILBRIDE ( VACATION ) THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL. JULY 19, 28, AUGUST 2 AND 9, 1981, TO CONSIDER THE ADOPTION OF AN ORDINANCE ANNEXING A TRACT OF LAND LYING IN SECTION 28 OF THE FLEMING GRANT, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID LAND LYING WEST OF ROSELAND ROAD ( SR 505) AND RUNNING TO THE SHORES OF THE SEBASTIAN RIVER; CONTAINING 15.7 ACRES, MORE OR LESS. (SCHREUR) PUBLIC HEARING CLOSED AT 8:10 P.M. CITY CLERK MAYOR PUBLIC HEARING - AUGUST 10, 1981 PUBLIC HEARING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 8:10 P.M. PRESENT: COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD VOTAPKA, COUNCILWOMAN FLORENCE PHELAN, ATTORNEY DAVID ALBRECHT AND MAYOR PAT FLOOD, JR. ABSENT: VICE MAYOR EVERETT T. GASS ( VACATION ) ATTORNEY DANIEL KILBRIDE ( VACATION ) THE CITY CLERK READ THE NORICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, JULY 19 AND 26, 1981, TO CONSIDER AN ORDINANCE ADOPTING A $2.00 SURCHARGE PURSUANI TO SECTION 943.25 FLORIDA STATUTES (1981) FOR LAW ENFORCEMENT EDUCATION EXPENSES. MAYOR FLOOD STATED THAT THE $2.00 SURCHARGE WAS TO ENCOURAGE POLICE OFFICERS TO CONTINUE THEIR EDUCATION. PUBLIC HEARING CLOSED AT 8:15 P.M. BY MAYOR PAT FLOOD, JR. CITY CLERK MAYOR REGULAR COUNCIL MEETING - AU 10, REGULAR COUNCIL MEETING CALLED ~ ORDER BY MA~R PAT FLOOD, JR., PRESENT: COUNCILMAN FRANK OB~CF~_ COU2~CILM]~N RICHARD VOTAPKA, ATTORNEY DANIEL KILBRIDE ' VAC~ION ) MOTION BY COUNCILWOMAN PHELAN, SECO.VDED B~ COUNCILMAN OBERBECK,TO OPENING, PUBLIC HEARING AND REGULA~C~UBC~L MEETING OF 7/8, PUBLIC COUNCIL MEETING OF 7/17/81. AT 8:15 P.M. COUNCILWOMAN FLORENCE APPROVE MINUTES OF BID HEARING AND REGULAR ULY, 1981, I IUZ ,D RS ARq 4 FORMS IN DRIVEWAYS AFTER CONSTRUC~UlLT.~N ~a.~;B~_F.N,,'CO~LAIT. ED~ THAT. IT-HA~BE~ ~,4~E%A.~ING A PROBLEM WITH RAIN WATER BACKING UP IN THE SWALES. MAYOR FLOOD RECOMMENDED THAT A CERTIFICATE OF OCCUPANCY SHOULD NOT BE ISSUED UNTIL CONTRACTORS REMOVE ALL FORMS LEFT BENEATH DRIVEWAYS AND THAT THEY GO BACK TO PREVIOUS HOMES ALREADY BUILT AND REMOVE THESE FORMS. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILWOMAN PHELAN, THAT CONTRACTORS MUST REMOVE ALL FORMS LEFT BENEATH DRIVEWAYS THAT WOULD INHIBIT DRAINAGE BEFORE A CERTIFICATE OF OCCUPANCY IS ISSUED AND CONTRACTORS WILL GO BACK AND REMOVE ALL FORMS THAT HAVE BEEN LEFT IN PRIOR DRIVEWAYS. COUNCILMAN OBERBECK VOTED: NAY CARRIED. ARTHUR MAYER, BUILDING OFFICIAL, REPORTED 12 SINGLE FAMILY DWELLING PERMITS WERE ISSUED FOR THE MONTH OF JULY, 1981, WITH A TOTAL OF $3,211.30 IN PERMIT FEES. COUNCILMAN OBERBECK REPORTED THAT THE FENCE AT THE BASEBALL FIELD ON BARBER STREET IS ABOUT 95 % COMPLETE AND LIGHT BULBS NEED TO BE REPLACED AT THE TENNIS COURTS. MAYOR FLOOD STATED THAT HE WOULD CALL FLORIDA POWER AND LIGHT COMPANY AND HAVE THEM REPLACE THE LIGHT BULBS AT THE TENNIS COURT. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILWOMAN PHELAN, TO TABLE THE ORDINANCE DECLARING A MORATORIUM ON BUILDING ON STATE ROAD 512 UNTIL THE NEXT REGULAR COUNCIL MEETING ON AUGUST 19, 1981. CARRIED. THE CITY CLERK READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE ANNEXING A TRACT OF LAND LYING IN SECTION 28 OF THE FLEMING GRANT, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID LAND LYING WEST OF ROSELAND ROAD ( SR 505 ) AND RUNNING TO THE SHORES OF THE SEBASTIAN RIVER; CONTAIN- ING 15.7 ACRES, MORE OR LESS. (SCHREUR) REGULAR COUNCIL MEETfNG ~ AUGUST 10, 1981 MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN PHELAN, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE ANNEXING A TRACT OF LAND LYING IN SECTION 28 OF THE FLEMING GRANT, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID LAND LYING WEST OF ROSELAND ROAD (SR 505) AND RUNNING TO THE SHORES OF THE SEBASTIAN RIVER; CONTAINING 15.7 ACRES MORE OR LESS. (SCHREUR) ROLL CALL VOTE: A YES: NAYS: COUNCILWOMAN PHELAN COUNCILMAN VOTAPKA COUNCILMAN OBERBECK MAYOR FLOOD NONE CARRIED. THE CITY CLERK READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE ANNEXING A TRACT OF LAND LYING IN SECTION 28 OF THE FLEMING GRANT, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID LAND LYING WEST OF ROSELAND ROAD (SR 505) AND RUNNING TO THE SHORES OF THE SEBASTIAN RIVER; CONTAINING 15.7 ACRE~ MORE OR LESS. (SCHREUR) MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN PHELAN, TO ADOPT THE ORDINANCE ANNEXING A TRACT OF LAND LYING IN SECTION 28 OF THE FLEMING GRANT, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID LAND LYING WEST OF ROSELAND ROAD (SR 505) AND RUNNING TO THE SHORES OF THE SEBASTIAN RIVER; CONTAINING 15.7 ACRES, MORE OR LESS. (SCHREUR) ROLL CALL VOTE: A YES: NAYS: COUNCiLW~'MAA' RHELAN COUNCiL.~AN OBERBECK MAYOR ~..~D NONE -- ~ CARRIED. THE CITY CLERK READ FOR THE SECOND/,~-~E B,~ITLE ONLY AN ORDINANCE ADOPTING A $2.00 SUR-' CHARGE PURSUANT TO SECTION 943.25 fF~R~DA~-FATUTES (1981) FOR LAW ENFORCEMENT EDUCATION EXPENSES. ~ MOTION BY COUNCILMAN VOTAPKA, SECONDED BY.COUNCILWOMAN PHELAN, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE ADO~ A32.00 SURCHARGE PURSUANT TO SECTION 943.25 FLORIDA STATUTES (1981) FOR LAW ENFORCEMENT EDUCATION EXPENSES. VOTy C ----' CO CO NAYS: NONE CARRIED. THE CITY CLERK READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE ADOPTING A$2~ $.URCHARGE PURSUANT TO SECTION 943.25 FLORIDA STATUTES (1981) FOR LAW ENFORCEMENT EDUCATION EXPENSES. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILWOMAN PHELAN, TO ADOPT THE ORDINANCE ADOPTING A $2.00 SURCHARGE PURSUANT TO SECT20N 943.25 FLORIDA STATUTES (1981) FOR LAW ENFORCEMENT EDUCATION EXPENSES. ROLL CALL VOTE: AYES: COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NAYS: NONE CARRIED. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILWOMAN PHELAN, TO ACCEPT THE RECOMMENDATION OF THE FINANCE COMMITTEE ON THE FERTILIZER STORAGE BUILDING AND REJECT ALL BIDS AND HAVE THE CITY CONSTRUCT THE BUILDING. CARRIED. MOTION BY COUNCILMAN VOTPAKA, SECONDED BY COUNCILWOMAN PHELAN, TO ACCEPT THE RECOMMENDATION OF THE FINANCE COMMITTEE, THAT MCEWEN DRILLING CORPORATION DRILL THE POTABLE WATER SUPPLY WEAL AT THE GOLF COURSE AND THE APPLICABLE PERMIT ARE OBTAINED. CARRIED. MR. RAY CAPRA, BUILDER OF CAPRA HOMES, DISCUSSED THE POSSIBILITY OF ESTABLISHING A PRE-CUT ! MANUFACTURING FACILITY ON ABOUT 3 ACRES OF LAND LOCATED AT THE SEBASTIAN AIRPORT. HE WOULD LIKE THE CITY TO SET UP AN INDUSTRIAL BOND BOARD AND FLOAT A BOND ISSUE. MAYOR FLOOD STAT~ THAT SINCE THIS WAS A NEW IDEA A LOT MORE INFORMATION WOUED HAVE TO BE GATHERED. REGULAR COUNCIL MEETING - AUGUST 10, 1981 ATTORNEY ALBRECHT STATED THAT HE WOULD MEET WITH MAYOR FLOOD AND MR. CAPRA TO DISCUSS THIS FURTHER. HE ASKED MR. CAPRA TO PREPARE A PACKAGE OUTLINING ALL THE FUNCTIONS HE WOULD BE UNDERTAKING AS FAR AS SETTING UP A BOND'ISSUE WITH THE CITY. MAYOR FLOOD STATED THAT HE WOULD REPORT BACK ON AUGUST 19, 1981, AT THE REGULAR COUNCIL MEETING WITH A FEASIBILITY STUDY. COUNCILMAN OBERBECK STATED THAT HE WANTED TO GO ON RECORD AS FAR AS BEING IN FAVOR OF THIS LIGHT MANUFACTURING OPERATION, BEING IT WILL BE GREAT FOR A TAX BASE AND IT WILL BRING SALARIES INTO THE COMMUNITY. ATTORNEY DAVID CAIRNES ASKED THE COUNCIL TO RECONSIDER THE VOLUNTARY ANNEXATION FOR SALLYDALE WIMBROW THAT HAD BEEN DENIED BY THE PLANNING AND ZONING BOARD. (PARCEL IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST) (SOUTH U.S. #1) AFTER A DISCUSSION ON THE LOCATION OF THIS PROPERTY, ATTORNEY ALBRECHT STATED THAT THERE WERE CERTAIN REQUIREMENTS THAT HAD TO BE MET FOR A VOLUNTARY ANNEXATION. ONE OF THE RE- QUIREMENTS IS THAT THE LAND MUST CONFORM TO THE COMPACTNESS OF THE CITY AND IT MUST BE CONTIGUOUS. MAYOR FLOOD STATED THAT THE PROPERTY WOULD BE CONTIGUOUS WITH THE CITY OF SEBASTIAN ONLY AT ONE POINT AND THAT THE PLANNING AND ZONING BOARD DENIED THE ANNEXATION BECUASE THEY FELT IT CREATED A FINGER OF LAND. MOTION BY COUNCILMAN VOTAPKA TO DENY THE ANNEXATION OF THE SALLYDALE WIMBROW PROPERTY. COUNCILMAN OBERBECK STATED TJAT~-~T WOUL9 BE ~A~N~FICIAL IF ATTORNEY CAIRNES APPROACHED OTHER MOTION BY COUNCILWOMAN PHELA CONDED CO CILMAN OBERBECK, THAT THE COUNCI RECONSIDER ROLL CALL VOTE:AYES: COUNCILWOMAN PHEZA NAYS: COUNCILMAN I COUNCILMAN MAYOR FLOOD 1 2 D ) COUNCILMAN VOTAPKA MAYOR FLOOD NAYS: COUNCILWOMAN PHELAN NOT CARRIED DENY THE APPEAL FOR CARRIED. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN PHELAN, TO TABLE THE FRANCHISE ORDINANCE FOR JONES INTERCABLE UNTIL THE REGULAR COUNCIL MEETING, AUGUST 19, 1981. CARRIED. THE CITY CLERK READ IN ITS ENTIRETY A RESOLUTION AMENDING RESOLUTION NO. 0-80-36, THE SAME BEING THE RESOLUTION ADOPTING THE ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1980, AND ENDING SEPTEMBER 30, 1981. MOTION BY COUNCILWOMAN PHELAN, SECONDED BY COUNCILMAN VOTAPKA, TO ADOPT THE RESOLUTION AS READ, WITH AN AMENDMENT TO INCLUDE $4,477.00 TO BE TAKEN FROM THE SURPLUS FUND FOR THE REPLACEMENT OF POLICE VEHICLE. ROLL CALL VOTE: AYES: NAYS: COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MAYOR FLOOD STATED THAT A WORKSHOP MEETING WOULD BE HELD AUGUST 12, 1981, AT 7:00 P.M., TO DISCUSS THE 1981 - 1982 BUDGET WITH CITIZEN PARTICIPATION. THE CITY CLERK READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE VACATING, ABOLISHING AND ABANDONING ANY OR ALL ALLEYS LOCATED ON, OVER OR BETWEEN LOTS 7 AND 8, HARDEE'S SUBDIVISION # B, BY REPEALING ORDINANCE NO. 148; PROVIDING AN EFFECTIVE DATE. (PALUCH) MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN VOTAPKA, TO ACCEPT THE FIRST READING BY TITLE ONLY AN QEDINANCE VACATING, ABOLISHING AND ABANDONING ANY OR ALL ALLEYS LOCATED OA OVER OR BETWEEN LOTS 7 AND 8, HARDEE'S SUBDIVISION #B, BY REPEALING ORDINANCE N0.148; PROVIDING AN EFFECTIVE DATE. (PALUCH) REGULAR COUNCIL MEETING - AUGUST 10, 1981 MOTION BY COUNCILMAN VOTPAKA, SECONDED BY COUNCILMAN OBERBECK, TO BRING TO THE FLOOR A RESOLUTION URGING THE REMOVAL OF THE HILL ON STATE ROAD 512. CARRIED. THE CITY CLERK READ IN ITS ENTIRETY A RESOLUTION URGING THE REMOVAL OF A HILL ON STATE ROAD 512. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN OBERBECK, TO ADOPT THE RESOLUTION URGING THE REMOVAL OF THE HILL ON STATE ROAD 512 AND SEND IT TO THE BOARD OF COUNTY COMMISSIONERS. CARRIED. MAYOR FLOOD STATED THAT A COPY OF THE RES~UTiON WOULD BE SENT TO SENATOR LEWIS, SENATOR CHILDERS, SENATOR JOHNSTONE AND DALE PATCHETT. MEETING ADJOURNED 10:05 P.M. CITY CLERK MAYOR