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HomeMy WebLinkAbout09141983MINUTES OF REGULAR COUNCIL MEETING CITY OF SEBASTIAN SEPTEMBER 14, 1983 REGULAR COUNCIL MEETING OF THE CITY OF SEBASTIAN, CITY COUNCIL WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M. PRESENT: VICE MAYOR ROBERT FITZMAURICE COUNCILMAN RICHARD SZELUGA COUCILWOMAN DOROTHY MCKINLEY COUNCILMAN JAMES GALLAGHER CITY ATTORNEY DANIEL KILBRIDE MAYOR PAT FLOOD, JR. MINUTES: REGULAR COUNCIL SEPTEMBER 14, 1983 ANNOUNCEMENTS/PROCLAMATIONS: THE CITY CLERK READ A PROCLAMATION FROM THE AMARA SHRINE REQUESTING THAT OCTOBER 3 TO OCTOBER 15, 1983 BE DECLARED AS SHRINE HOSPITAL DAYS THROUGHOUT THE CITY OF SEBASTIAN AND ASKED FOR THE CITIZENS TO JOIN IN AND RECOGNIZE THIS SERVICE. MAYOR FLOOD EXPRESSED HIS BEST WISHES TO HIS SECRETARY JANET PORTER WHO IS RETIRING AND INTRODUCED MRS. DONNA BERTRAM AS HER REPLACEMENT. CONCILMAN GALLAGHER REQUESTED/~T JLt]E~ ~N~' ON PAGE #2, PARAGRAPH #3, 3RD SENTENCE IN MINUTES OF REGUL~IR~UNCiLLNE~--TI~ ~UGUST 10, 1983 BE CORRECTED. MOTION BY COUNCILWOMAN MCKINIEY, SECONDED BY ~OpNCILMAN GALLAGHER, TO APPROVE THE PUBLIC HEARING AN~ REGULAR CCX~L M.._~EZ:~__~ 8lib_J; AS AMENDED. MOTION CARRIED. MAYORS MATTERS: ~ E~E MAYOR FLOOD STATED THAT APPLICATICNS REC D FOR THE POSITION OF GOLF PRO HAVE BEEN REVIEWED AND NARROWED DOWN TO SIX ~ARj?L/CA~TS WHO WILL BE INTERVIEWED THURSDAY, SEPTEMBER 22, 1983, BEGINNING AT 3.x42J~wzP.~4 IN THE CITY COUNCIL CHAMBERS. DANIEL BLAIR, ~X~C.~3,t~DZNG JOW~__L~IAL~I :~{_~O~A TO~AL OF ~ ~N~ I~SUZV FO~ THE MONTH OV AUGUST, 1983, WITH A TOTAL OF ~6,~S5  S EPTEMBER 19, 1983, ~AMILY DWELLING PERMITS O0 COLLECTED IN PERMIT FEES. COUNCILWOMAN MCKINLEY REPORTED THAT THE POLICE COMMITTEE MET ON AUGUST 26, 1983, AND THAT THE NEW COMMITTEE MEMBERS WERE INTRODUCED TO POLICE DEPARTMENT PROCEDURES AND THE POLICE DEPARTMENT BUDGET WAS DISCUSSED. COUNCILWOMAN MCKINLEY STATED THAT AS A COMMITTEE OF ONE, SHE WOULD LIKE TO ARRANGE FOR THE YOUNG ADULTS OF THE CITY TO REPRESENT CITY OFFICIALS FOR ONE DAY. MAYOR FLOOD STATED THAT THIS WOULD BE DISCUSSED FURTHER AT THE END OF THE MEETING. ON BEHALF OF THE PARKS AND RECREATION COMMITTEE, COUNCILMAN GALLAGHER MADE THE FOLLOWING REPORT: PUBLIC WORKS DEPARTMENT EMPLOYEES ARE MONITORING THE BOAT RAMPS AND KEEPING THEM CLEAN OF ANY ALGAE AND BARNACLE BUILD UP. DUE TO THE LACK OF INTEREST, THE WOMEN'S FALL SOFTBALL LEAGUE FAILED TO MATERIALIZE, HOWEVER IN AN EFFORT TO PROVIDE ORGANIZED RECREATION FOR THE WOMEN WHO DID SHOW AN INTEREST, MR. HOOSE, RECREATION COORDINATOR IS LOOKING INTO THE POSSIBILITY OF ORGANIZING A MIXED SOFTBALL LEAGUE. THE PUBLIC WORKS DEPARTMENT HAS INSTALLED RAILINGS AT THE FAR END OF THE MAIN STREET DOCK AND LADDERS HAVE BEEN INSTALLED AT THE MAIN STREET DOCK AND THE YACHT CLUB DOCK. EARL MASTELLER, CITY ENGINEER, SUBMITTED HIS DRAWING OF THE PROPOSED IMPROVEMENTS TO RIVERVIEW PARK TO THE RECREATION COMMITTEE FOR REVIEW. ALL PARKS AND RECREATION COMMITTEE MEETINGS ARE HELD ON THE LAST TUESDAY OF EACH MONTH AND THE PUBLIC IS ENCOURAGED TO ATTEND. MINUTES REGULAR COUNCIL SEPTEMBER 14, 1983 NEW BUSINESS: ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE AMENDING SECTION VIIA OF ORDINANCE 202, AS AMENDED, THE SAME BEING THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN, BY: 1) ADDING SECTION 20A - 4.8 WHICH ESTABLISHES A "PUD (MH)" MOBILE HOME PLANNED UNIT DEVELOPMENT DISTRICT; 2) ADDING SECTION 20A - 4.14 (C) WHICH PROVIDES SITE PLAN REVIEW STANDARDS; 3) ADDING SECTION 20A - 4.13 (D) WHICH ESTABLISHES SURFACE WATER MANAGEMENT STANDARDS: 4) PROVIDING A SEVERABILITY CLAUSE: AND 5) PROVIDING AN EFFECTIVE DATE. MOTION BY VICE MAYOR FITZMAURICE, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION VIIA OF ORDINANCE 202, AS AMENDED, THE SAME BEING THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN. MOTION DIED, LACK OF A SECOND. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, TO REJECT AN ORDINANCE AMENDING SECTION VIIA OF ORDINANCE 202, AS AMENDED, THE SAME BEING THE ZONING ORDINANCE. COUNCILWOMAN MCKINLEY STATED THAT SHE IS AGAINST THE MOBILE HOME SECTION OF THE PLANNED UNIT DEVELOPMENT. ROLL CALL VOTE: AYES: COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER ATTORNEY KILBRIOE READ FOR TBE~, .~R~T TIME BY,--~TLE ONLY AN ORDINANCE CREATING SECTIONS 7-36 THROUGH 7-47.9 OF THE C~ gF O~DIUAWCES~Y ADOPTING A SUBSTANTIAL NUMBER OF MODIFICATIONS TO THE NATIONAL~EC~C ~DE; ~ETTING FORTH POWERS AND DUTIES OF THE BUILDING OFFICIAL; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. MOTION BY COUNCILMAN GALLAGHER, S~C~D%D~ COUNCILWOMAN MCKINLEY, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCF~ --TREEING SECTION 7-36 THROUGH 7-47.9 OF THE CODE ROLL CALL VOTE: AYES: M FITZMAURICE COUNCILMAN SZELUGA COUN~WOMAN MC~LEY E MAYOR FLOOD S ~ ~PU~IC~EA~NG W~D ~ ~LD~E~E~ER 21, 1983 PRIOR THE REGULARLY SCHEDULED COUNCIL MEETING. ATTORNEY KILBRIDE READ IN ITS ENTIRETY A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING THE BREVARD METROPOLITAN PLANNING ORGANIZATION AND THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CONSIDER FUNDING FOR A FEASIBILITY STUDY FOR A BRIDGE LINKING U.S. #1 AND HIGHWAY A1A NEAR STATE ROAD 514 (MALABAR ROAD). MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILWOMAN MCKINLEY, TO ADOPT A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA REQUESTING THE BREVARD METROPOLITAN PLANNING ORGANIZATION AND THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CONSIDER FUNDING A FEASIBILITY STUDY FOR A BRIDGE LINKING U.S. #1 AND HIGHWAY A1A NEAR STATE ROAD 514 (MALABAR ROAD). ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN GALLAGHER, THAT THE RESOLUTION ENDORSING COMMERCIAL/INDUSTRIAL DEVELOPMENT BE TABLED UNTIL THE NEXT MEETING AND TO BE RESUBMITTED AT THE NEXT MEETING. ROLL CALL VOTE: AYES VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD ~TAYS: NONE MOTION CARRIED. MINUTES: REGULAR COUNCIL SEPTEMBER 14, 1983 A DISCUSSION FOLLOWED REGARDING A BROCHURE THAT THE CHAMBER OF COMMERCE WOULD LIKE TO PUBLISH IN CONJUNCTION WITH THE CITY OF SEBASTIAN. C~UNCILMAN GALLAGHER INDICATED THAT THE CHAMBER OF COMMERCE WILL BE HAVING A MEETING TO DISCUSS THIS FURTHER AND IF THE COUNCIL WOULD LIKE HE WOULD ATTEND AND REPORT BACK. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT WE DO PROVIDE THE CHAMBER OF COMMERCE THROUGH A JOINT EFFORT WITH THEM, MONIES TO HELP THEM PREPARE A BROCHURE TO ADVERTISE BETTER THINGS IN OUR CITY, FOR THE PURPOSE OF ATTRACTING ADDITIONAL COMMERCIAL AND INDUSTRIAL DEVELOPMENT. MOTION CARRIED. A BRIEF DISCUSSION FOLLOWED REGARDING THE FLORIDA LEAGUE OF CITIES CONVENTION IN ORLANDO, FLORIDA, ON OCTOBER 12, 1983 THROUGH OCTOBER 16, 1983 AND THE NATIONAL FLORIDA LEAGUE OF CITIES CONVENTION TO BE HELD IN NEW ORLEANS, LOUISIANA ON NOVEMBER 26 THROUGH NOVEMBER 30, 1983. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, THAT THE COUNCIL GO TO THE FLORIDA LEAGUE OF CITIES. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE ~OUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NA~ N_Q_NE~__~~\//-- MOTION CARRIED. COUNCILMAN SZELUGA INDICATED THA-~ fiE HAD NOT\H~ THE OPPORTUNITY TO REVIEW THE BROCHURE OUTLINING PROGRAMS OFFERED AZ THE KAFIO~AL LE~GpE OF CITIES CONVENTIONS AND THEREFORE IS RESERVING JUDGEMENT AND WO~VOT~ NO. I I MOTION BY COUNCILMAN SZELUGA, ~S-~CON~D ~'~ COU~-~ILMAN GALLAGHER, THAT WE TABLE THE MATTER CONCERNING THE NEW ORLEANS TRIP UNTIL NEXT WEEK AND THAT IT BE PLACED ON NEXT WEEKS AGENDA FOR A FINAL DECISION.~ ~ MOTION CARRIED.  MAYOR FLOOD VOTED NAY. AS DIRECTED BY THE SEBASTIAN CITY~,CI~ CITY ATTORNEY DANIEL KILHRIDE STATED THAT HE HAS PREPARED AN ORDINANCE CHANGING THE ZONING ORDINANCE RELATING TO HOME OCCUPATIONS. HE EXPLAINED T~ ~H~ ACT~Y P~RED~O ~A~ OR--ANChOR THE COUNCILS REVIEW THE EXISTING Z~ ~G OR~IWAN~ ~i~LSO~R~OVE THE STA~$ ~F HOME OCCUPATIONS FROM HAVE TO REVIEW EW APPLICATIONS TO MAKE THE DETERMINATION WHETHER THE TYPE OF OCCUPATION BEING APPLIED FOR IS SUITABLE FOR THAT AREA. AFTER MUCH DISCUSSION REGARDING THE ORDINANCE AMENDING THE ZONING ORDINANCE/HOME OCCUPATION, THE ADDITIONAL WORK LOAD ON THE PLANNING AND ZONING BOARD AND STRICTER ENFORCEMENT OF THE ORDINANCE WAS OF CONCERN. IT WAS INDICATED THAT THE INITIAL WORK LOAD WOULD ONLY BE THROUGH THE LICENSE RENEWAL PERIOD AND BOTH PROPOSED AMENDMENTS WILL MAKE ENFORCEMENT EASIER. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILWOMAN MCKINLEY, THAT WE ACCEPT THE ORDINANCE AMENDING SECTIONS 6 & 7 OF ORDINANCE 202 AS AMENDED THE SAME BEING THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN BY TRANSFERRING HOME OCCUPATIONS FROM A PERMITTED USE TO A SPECIAL EXCEPTION IN A R-1 SINGLE FAMILY DISTRICT AND THE R-2 MULTI FAMILY DISTRICTS. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MAYOR FLOOD STATED THAT THE PUBLIC HEARING WOULD BE HELD OCTOBER 5, 1983, PRIOR TO THE REGULARLY SCHEDULED WORKSHOP MEETING. FOR CLARIFICATION, ATTORNEY KILBRIDE STATED THAT IT IS THE INTENT OF THE COUNCIL TO CLARIFY WHAT HOME OCCUPATION IS AND WHAT WILL BE ALLOWED TO BE CONTINUED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT THE MAYOR BE DIRECTED TO ENFORCE CITY ORDINANCE 202 IN ALL ITS PARTS VERY STRICTLY, SITE PEOPLE FOR VIOLATIONS STARTING IMMEDIATELY. MINUTES: REGULAR COUNCIL SEPTEMBER 14, 1983 MOTION AMENDED BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT THE MAYOR BE DIRECTED TO ENFORCE ALL CITY ORDINANCES. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MAYOR FLOOD STATED THAT THE REVIEW PROCESS OF OCCUPATIONAL LICENSE RENEWAL APPLICATIONS WILL BEGIN IN THE MORNING AND LICENSES WILL BE MAILED TO APPLICANTS. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, TO ALLOW AMARA SHRINE TO PASS OUT TABLOIDS CONTAINING THE HISTORY AND LITERATURE OF THE 18 CRIPPLE CHILDREN HOSPITALS. MOTION CARRIED. MOTION BY COUNCILMAN SZELUGA, SECONDED BY VICE MAYOR FITZMAURICE, TO ISSUE A MODEL HOME PERMIT FOR LOT #31, BLOCK #272, UNIT #10, SEBASTIAN HIGHLANDS. (GOSSELIN) ROLL CALL VOTE: AYES: NAY~: NOAE MOTION BY COUNCILMAN GALLAGH~R~, ~E2ONDED BY WHITE TO SERVE ALCOHOLIC BEVE]~A~ES--~T A~EDDI'~ VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY IAGHER MOTION CARRIED. 'NCILWOMAN MCKINLEY, TO ALLOW PATSY RECEPTION TO BE HELD ON SEPTEMBER 24, 1983 AT THE SEBASTIAN YACHT CLUB AND ALSO TO ALLOW THE ITIALIAN AMERICAN CLUB AND THIRD TUESDAY OF EACH MOTION CARRIED. PERMISSION TO SERVE ALCOHOLIC BEV~S ~THE FIRST MONTH AT THE SEBASTIAN YACHT CLUB.' ' ~ FITZMAURICE, TO PERMIT THE INDIAN ASSOCIATION TO SERVE ALCOHOLIC BEVERAGES AT A MEETING TO BE HELD AT THE SEBASTIAN COM~ ~TY_~T~_~N SE_~_TEMBE2~-_24__?qR~ ~.UD F_ZLR A F-~F~J-LY REUNION °ARTY TO SYSTEM AND PUBLIC WATER SYSTEM TN SEBASTIAN, DAN BLAIR, BUILDING OFFICIAL, EXPLAINED IN A LETTER TO MAYOR FLOOD, THAT IF GENERAL DEVELOPMENT UTILITY AND THE CITY OF SEBASTIAN CAN COMPLETE A CONTRACT FOR PUBLIC WATER SYSTEM TO BE IMPLEMENTED BY 1985, THE HEALTH DEPARTMENT WILL ISSUE SEPTIC TANK PERMITS TO ALLOW 2500 GALLONS OF WATER, PER DAY, PER ACRE, UNTIL SUCH TIME UNITS IN SEBASTIAN ARE 40% BUILT. HE EXPLAINED THAT THIS WILL INCLUDE JUST ABOUT ALL UNITS IN THE SEBASTIAN HIGHLANDS EXCEPT FOR UNIT #1 WHICH IS ABOUT 40% COMPLETE. MAYOR FLOOD INDICATED THAT THE CITY OF SEBASTIAN IS PRESENTLY IN THE PROCESS OF APPLYING FOR A FHA LOAN FOR A PUBLIC WATER SYSTEM AND THAT A MEETING WOULD BE HELD ON TUESDAY, SEPTEMBER 20, 1983 TO DISCUSS SOME POSSIBLE DATES WHEN UNITS 14, 15, 16 & 17, SEBASTIAN HIGHLANDS, WILL HAVE WATER AVAILABLE. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILWOMAN MCKINLEY, THAT WE BRING THE REPAIR OF THE LIBRARY ROOF FOR BIDDING TO THE FLOOR. MOTION CARRIED. EARL MASTELLER, CITY ENGINEER, RECOMMENDED THAT A BID SPECIFICATION BE SUBMITTED BY THE BUILDING OFFICIAL, SO THE ROOFING JOB CAN BE BID ON. HE ALSO RECOMMENDED THAT A BID BOND BE WAIVED IN THE BID SPECIFICATIONS AND THAT NO PAYMENT BE MADE UNTIL THE ENTIRE JOB IS COMPLETED. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN SZELUGA, TO PERMIT THE CITY ENGINEER AND BUILDING OFFICIAL TO DRAW UP THE SPECIFICATIONS FOR WHAT EVER IS NECESSARY TO REPAIR THE ROOF ON THE LIBRARY. MOTION CARRIED. MINUTES: REGULAR COUNCIL SEPTEMBER 14, 1983 EARL MASTELLER, CITY ENGINEER, COMMENTED THAT THE U.S. POSTAL AUTHORITIES HAD NOT SUBMITTED ANY FINAL DRAWINGS OR PLANS OF THE PROPOSED POST OFFICE TO THE CITY, EVEN THOUGH HE WAS TOLD THAT CITY APPROVAL WAS NOT NEEDED. HE EXPRESSED HIS CONCERN AS FAR AS PROPER DRAINAGE AND FELT THAT AT LEAST OUT OF COURTESY DRAWINGS COULD HAVE BEEN SUBMITTED. MAYOR FLOOD STATED THAT HE WOULD CONTACT THE MAIN OFFICE IN MEMPHIS, TENN., TO SEE WHY WE HAVE NOT BEEN NOTIFIED OR CONTACTED REGARDING THE PROPOSED DRAINAGE PLANS FOR THE POST OFFICE. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, TO BRING TO THE FLOOR THE IDEA OF THE JUNIOR CITY HALL REPRESENTATIVES. MOTION CARRIED. AFTER A BRIEF DISCUSSION CONCERNING THE JUNIOR ADULTS ACTING AS CITY REPRESENTATIVES FOR ONE DAY, MAYOR FLOOD RECOMMENDED THAT THE JUNIORS TAKE OVER THE CITY ON WEDNESDAY, NOVEMBER 16, 1983. COUNCILWOMAN MCKINLEY STATED THAT SHE WOULD MAKE THE NECESSARY ARRANGEMENTS THROUGH THE INDIAN RIVER COUNTY SCHOOL DISTRICT. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, THAT NOVEMBER 16, 1983 BE THE OFFICIAL DATE FOR THE JUNIORS TO TAKE OVER AS CITY HALL REPRESENTATIVES. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED: 9:40 P.M. CITY CLERK MINUTES APPROVED AT REGULAR COUNCIL MEETING ON NOVEMBER 16, 1983.