HomeMy WebLinkAbout10131980MINUTES OF PUBLIC HEARING - OCTOBER 13, 1980
WAS CALOED TO ORFER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M.
PRESENT: COUNCILMAN FRANK OBERBECK, COUNCILWOMAN DOROTHY McKINLEY, COUNCILMAN EVERETT GASS,
MAYOR PAT FLOOD, JR., AND CITY ATTORNEY DANIEL KILBRIDE.
ABSENT: VICE MAYOR LEWIS GRAY (VACATION).
THE CITY CLERK READ NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE PRESS JOURNAL ON OCTOBER 1
AND 5, 1980 TO CONSIDER THE ADOPTION OF AN ORDINANCE AMENDING VARIOUS SECTION OF CHAPTER 27 OF
THE CODE OF ORDINANCES, RELATING TO "UTILITIES" BY AMENDING METHOD OF PURCHASE OF A UTILITY BY
CITY. MAYOR FLOOD STATED THAT THE ORDINANCE WHICH HAS BEEN READ IN ITS ENTIRETY AT ONE TIME.
ATTORNEY KILBRIDE EXPLAINED THAT THE ORDINANCE WHICH HAS ON FILE IS BASICALLY THE SAME AS
HAS BEEN DISCUSSED THE LAST SEVERAL WEEKS. ONLY ON THE BOTTOM OF PAGE 5 AND THE TOP OF PAGE
6 THERE HAS BEEN A CHANGE iN WHAT APPEARS AS SECTION V AND THE WORDING IN THE PROPOSED DRAFT
WAS READ IN ITS ENTIRETY BY MR. KILBRIDE. THE REMAINDER OF THE ORDINANCE IS THE SAME. THE
CITY STILL RETAINS THE RIGHT TO ESTABLISH RATES. THE PUBLIC SERVICE STATUTES THAT REGULATE
THE PUBLIC SERVICE COMMISION ARE NOT MANDATORY ON THE CITY.
THERE BEING NO FURTHER DISCUSSION, PUBLIC HEARING WAS CLOSED.
C~TY CLERK
MAYOR
MINUTES OF REGULAR COUNCIL MEETING - OCTOBER 13, 1980
PG 1
WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:15 P.M.
COUNCILMAN FRANK OBERBECK, COUNCILWOMAN DOROTHY McKINLEY, COUNCILMAN EVERETT GASS,
MAYOR PAT FLOOD, JR., AND CITY ATTORNEY DANIEL KILBRiDE.
ABSENT: VICE MAYOR LEWIS GRAY (VACATION).
MOTION BY COUNCILWOMAN McKINLEY, SECONDED BY COUNCILMAN OBERBECK, TO APPROVE THE MINUTES
OF PUBLIC HEARING 9/8/80; SPECIAL MEETING 9/17/80; PUBLIC HEARING 9/17/80. CARRIED.
TO KEEP THE PUBLIC INFORMED MAYOR FLOOD ADVISED THAT AS A RESULT OF THE TRIM BILL IT IS
NECESSARY FOR A PERSON TO BE A RESIDENT OF FLORIDA FOR FIVE YEARS BEFORE HE IS ENTITLED TO
THE $5,000. HOMESTEAD EXEMPTION. THOSE INDIVIDUALS WHO HAVE RESIDENCY HAS BEEN ESTABLISHED.
COUNCILMAN GASS READ A LETTER ADDRESSED TO MR. ARNOLD PECHSTEIN FROM CONGRESSMAN SKIP BAFALIS
WITH REFERENCE TO THE SITE SELECTED FOR THE NEW POST OFFICE. LETTER WAS ALSO READ FROM PAUL
LETTMANN, U.S. POSTAL SERVICE, TO MR. BAFALIS. MR. LETTMANN'S LETTER INCLUDED THE STATEMENT
THAT "CITY OFFICIALS DID NOT FIND THE SITE OBJECTIONABLE." ALSO, THAT THE SITE "iS CLOSE TO
THE CENTER OF TOWN." MAYOR FLOOD POINTED OUT THAT, OF COURSE, THE PROPOSED SITE IS NOT EVEN
WITHIN THE CITY LIMITS AND IN ORIGINAL CORRESPONDENCE HE HAD WITH THE POSTAL AUTHORITIES HE
HAD RECEIVED A MAP WITH 6 DIFFERENT SITES. ON THAT ORIGINAL MAP HE VOICED HIS OBJECTION TO
SITE NO. 5. IN A LETTER HE RECEIVED FROM MR. LETTMAN, A COPY OF THE SAME MAP WAS ENCLOSED
SHOWING TWO SITE 2's, TWO SITE 3's, AND NO SITE 5. HOWEVER, SITE 5 WAS THE LOCATION CHOSEN.
MAYOR FLOOD WILL FOLLOW UP ON THIS MATTER. HE SUGGESTED THAT PERHAPS WE COULD OFFER HALF OF
THE BURR PROPERTY TO THE POSTAL AUTHORITIES.
WEHR STATED THAT THE STREET DEPARTMENT WORKED A TOTAL OF 1748 HOURS ON MOWING, MAINTENANCE,
CLEANUP. THEY ARE STARTING TO RE-LET/~E~A~T~ CEM~N~-~ POSTS IN SEBASTIAN HIGHLANDS.
PARKING AREA AT THE SOCIAL CENTER H;~S ~N S~RllB~D~ ~.\~R SUGGESTED THAT THE SIGN SHOWING
POPULATION OF THE CITY AS 1600 SHOULD B~mCHANGED TO A ~I~E/REALISTIC FIGURE. MAYOR FLOOD
STATED THAT 4000 WOULD BE A CLOSER FIGURE.__BUT FEELS WE SHO~L~ CONDUCT OUR OWN CENSUS SO THAT
WE WOULD HAVE A MORE ACCURATE FIGURE. ~ 31 II
CHIEF CUMMINS REPORTED THAT 339 COMPLAINTb'~WERE--~ANDL-~-D BY THE POLICE DEPARTMENT DURING THE MONTH
OF SEPTEMBER, NOT INCLUDING TRAFFIC STOPS. ON BEHALF OF THE JUNIOR WOMEN'S CLUB, MAYOR FLOOD COM-
MENDED JOHN MELTON FOR THE EXCELLENT JOB HE DI~R~ING A RAPE PREVENTION PROGRAM. CHIEF
CUMMINS ADVISED THAT HIS DEPARTMENT~Z' IS AVAILA~L~ TO PUTI ON AT LEAST 10 DIFFERENT CRIME PREVENTION
PROGR~ IF ANY ORGANIZATIONS ARE INTERESTED. ~
~Ro.B~ANHCE~RETET~ES~AETEE~oTFHA~TTdHBEERB~K.S HAVE BEEN ~,1'~ 1979-80 AND THE AUDITORS ARE EXPECTED
COUNCILMAN GASS REPORTED THAT HE HAS BEEN PROMISED BY THE FLORIDA POWER AND LIGHT COMPANY THAT
BY THE END OF THE WEEK THEY WILL HAVE RELOCATED OR INSTALLED 8 STREET LIGHT. HE IS AL~O CHECKING
INTO 3 STREET LIGHT REQUESTS.
i OTION BY COUNCILMAN GASS, SECONDED BY COUNCILMAN OBERBECK, TO TABLE THE GENERAL "UTILITIES"
DINANCE UNTIL THE NEXT REGULAR MEETING. CARRIED.
YOR FLOOD REQUESTED THE CITY CLERK TO OBTAIN WATER AND SEWER RATES FROM VARIOUS CITIES
THAT WE COULD USE AS GUIDELINES.
MR. KILBRIDE READ BY TITLE ONLY FOR THE SECOND TIME AN ORDINANCE ANNEXING A PORTION OF THE NORTH
190 FEET OF THE SOUTH 940 FEET OF THE NORTH 990 FEET OF GOVERNMENT LOT 1, SEC. 7, TOWONSHIP 31
SOUTH, RANGE 39 EAST, LYING EAST OF NEW U.S. HIGHWAY NO. 1.
MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKiNLEY, TO ACCEPT THE SECOND READING BY TITLE
ONLY OF AN ORDINANCE ANNEXING A PORTION OF THE NORTH 190 FEET OF THE SOUTH 940 FEET OF THE NORTH
990 FEET OF GOVERNMENT LOT 1, SEC. 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING EAST OF NEW U.S.
HIGHWAY NO. 1.
ROLL CALL VOTE: AYES:
COUNCILMAN OBERBECK
COUNCILWOMAN McKINLEY
COUNCILMAN GASS
MAYOR FLOOD
NAYS: NONE. CARRIED.
MR. KILBRIDE READ BY TITLE ONLY FOR THE THIRD TIME AN ORDINANCE ANNEXING A PORTION OF THE NORTH 190
FEET OF THE SOUTH 940 FEET OF THE NORTH 990 FEET OF GOVERNMENT LOT 1, SEC. 7, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, LYING EAST OF NEW U.S. HIGHWAY NO. 1.
MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO ADOPT AN ORDINANCE ANNEXING A PORTION
THE NORTH 190 FEET OF THE SOUTH 940 FEET OF THE NORTH 990 FEET OF GOVERNMENT LOT 1, SEC. 7, TOWN-
31 SOUTH, RANGE 39 EAST, LYING EAST OF NEW U.S. HIGHWAY NO. 1.
ROLL CALL VOTE: AYES:
NAYS:
COUNCILMAN OBERBECK
COUNCILWOMAN McKINLEY
COUNCILMAN GASS
MAYOR FLOOD
NONE.
CARRIED
MINUTES OF REGULAR COUNCIL MEETING - OCTOBER 13,1980
PG 2
KILBRIDE READ FOR THE FIRST TIME IN ITS ENTIRETY AN ORDINANCE AMENDING ORDINANCE #202,
AMENDED, OF THE CiTY OF SEBASTIAN, THE SAME BEING THE ZONING ORDINANCE OF THE CITY, BY
ALL OF BLOCK 10, HARDEE'S ADDITION TO SEBASTIAN, FROM R-2, MULTIPLE FAMILY DISTRICT,
TO M-l, RESTRICTED INDUSTRIAL DISTRICT.
MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN GASS, TO ACCEPT THE FIRST READING OF AN
ORDINANCE AMENDING ORDINANCE #202, ANS AMENDED, OF THE CITY OF.BLOCK 10, HARDEE'S ADDITION TO
SEBASTIAN, FROM R-2, MULTIPLE FAMILY DISTRICT, TO M-l, RESTRICTED INDUSTRIAL DISTRICT.
ROLL CALL VOTE: AYES:
COUNCILMAN OBERBECK
COUNCILWOMAN McKINLEY
COUNCILMAN GASS
MAYOR FLOOD
NAYS: NONE.
CARRIED.
PUBLIC HEARING WILL BE HELD PRIOR TO REGULAR COUNCIL MEETING ON NOVEMBER 19.
MR. KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE PROVIDING FOR THE LEVY OF AD
VALOREM TAXES IN THE CITY OF SEBASTIAN, FLORIDA, FOR THE CALENDAR YEAR 1980. (8,305 MILLS)
MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO ACCEPT THE SECOND READING BY
TITLE ONLY OF AN ORDINANCE PROVIDING FOR THE LEVY OF AD VALOREM TAXES IN THE CiTY OF SEBASTIAN,
FLORIDA, FOR THE CALENDAR YEAR 1980.
ROLL CALL VOTE: AYES: COUNCILMAN OBERBECK
COUNCILWOMAN McKINLEY
COUNCILMAN GASS
NAYS: NONE.~-~ \U CARRIED.
MR. KILBRIDE READ FOR THE THIRD TIME BY Ti~ O~LY AA ORDINatE PROVIDING FOR THE LEVY OF AD
VALOREM TAXES IN THE CITY OF SEBASTIAN, L~DA,__FOR TEE CA,DAR YEAR 1980.
MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN MCKINLEY, TO ADOPT AN ORDINANCE PROVIDING FOR
THE LEVY OF AD VALOREM TAXES IN THE CITY OF SE~N, F---~RIDA, FOR THE CALENDAR YEAR 1980.
(8. 305 MILLS).
ROLL CALL VOTE: AYES: COUNCILMAN CBERBECK[ ·
COUNCILMAN~AS~
MAYOR FLOOD
MAYOR FLOOD INTRODUC B Hi~ ATE FOR TH~ ISTRICT 4,
MR. KILBRIDE READ FOR~B~/FI~I~ITF~3EN~U~RET~--~N ORD'I-A~NCE--AM~IN~OR~3N~NCE #202, AS
AMENDED, OF THE CITY OF SEBASTIAN, THE SAME BEING THE ZONING ORDINANCE OF THE CITY, BY REZONING
LOTS 1, 2, 3, 4, 6, AND TRACT A, BLOCK 406, AND LOTS l, 2, 3, AND TRACT ~ BLOCK 407,SEBASTIAN
HIGHLANDS SUBDIVISION, UNIT #7, FROM R-l, SINGLE FAMILY RESIDENTIAL TO C-l, RESTRICTED COMMERCIAL
DISTRICT. THESE TRACTS ARE LOCATED ON U.S. HIGHWAY 1, 3, LOTS ON ONE SIDE AND 6 ON THE OTHER
SIDE OF SCHUMANN DRIVE. AT THE PRESENT TiME THiS AREA IS ZONED R-1 AND IS NOT IN COMPLIANCE WITH
~ITY ORDINANCE. COUNCILMAN OBERBECK SUGGESTED THAT A BUFFER AREA BE CREATED FOR 20 OR 30 FEET ON
SIDE OF SCHUMANN DRIVE TO PRESERVE THE BEAUTY OF THE ENTRANCE. MAYOR FLOOD STATED THAT ACTION
'OULD BE TAKEN ON THE ORDINANCE TONIGHT, AND BEFORE THE PUBLIC HEARING IT COULD BE AMENDED IF
GENERAL DEVELOPMENT CORPORATION WILL AGREE.
MOTION BY COUNCILWOMAN McKINLEY, SECONDED BY COUNCILMAN OBERBECK, TO ACCEPT THE FIRST READING OF AN
ORDINANCE AMENDING ORDINANCE #202, AS AMENDED, OF THE CITY OF SEBABTIAN, THE SAME BEING THE ZONING
ORDINANCE OF THE CITY, BY REZONING LOTS 1, 2, 3, 4, 6, AND TRACT A, BLOCK 406, AND LOTS 1, 2, 3, AND
TRACT G, BLOCK 407 SEBASTIAN HIGHLANDS SUBDIVISION, UNIT #7, FROM R-l, SINGLE FAMILY RESIDENTIAL, TO
C-l, RESTRICTED COMMERCIAL DISTRICT, WITH THE STIPULATION THAT A BUFFER ZONE BE CREATED ON EACH SIDE
OF SCHUMANN DRIVE.
ROLL CALL VOTE: AYES:
COUNCILMAN OBERBECK
COUNCILWOMAN McKINLEY
COUNCILMAN GASS
MAYOR FLOOD
NAYS: NONE. CARRIED.
PUBLIC HEARING WILL BE HELD ON NOVEMBER 19.
MAYOR FLOOD ADVISED THAT THE SEBASTIAN CEMETERY ASSOCIATION, INC. HAD SIGNED AN AGREEMENT WITH THE CITY.
MR. KILBRIDE READ iN ITS ENTIRETY A RESOLUTION AUTHORIZING THE SEBASTIAN CEMETERY ASSOCIATION, INC. TO
CONDUCT BINGO GAMES AT THE SEBASTIAN COMMUNITY CENTER. COUNCILWOMAN McKINLEY REMARKED THAT NOTHING HAD
BEEN SAID ABOUT THE RATES CHARGED FOR THE USE OF THE BUILDING. CITY EMPLOYEES ARE BEING USED AND THEY
HAVE JUST RECEIVED A SALARY INCREASE. COUNCILMAN GASS STATED THAT RATES WOULD HAVE TO BE RAISED, THEN,
FOR EVERYBODY. MAYOR FLOOD ADDED THAT THE RATE SCHEDULE HAD JUST BEEN REVISED ABOUT A YEAR AGO. HE
MENTIONED THAT THE SEBASTIAN CEMETERY ASSOCIATION HAD AT ONE TIME OFFERED TO HELP BUILD A STORAGE
UILDING AND ASKED COUNCILMAN OBERBECK TO LOOK INTO THIS.
)TION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN MCKINLEY, TO ADOPT A RESOLUTION AUTHORIZING THE
SEBASTIAN CEMETERY ASSOCIATION, INC. TO CONDUCT BINGO GAMES AT THE SEBASTIAN COMMUNITY CENTER.
7t7 ·
MINUTES OF REGULAR COUNCIL MEETING -~ OCTOBER !3, 1980
PG 3
ROLL CALL VOTE: AYES:
COUNCILMAN OBERBECK
COUNCILWOMAN McKINLEY
COUNCILMAN GASS
MAYOR FLOOD
NAYS: NONE. CARRIED.
MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN MCKINLEY, TO TABLE THE RESOLUTION ON
GOLF COURSE BONDING UNTIL THE NEXT REGULAR COUNCIL MEETING. CARRIED.
MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILMAN OBERBECK, TO HAVE THE CHAIRMEN AND OF THE VARIOUS
COMMITTEES BRING BACK TO THE NEXT COUNCIL MEETING THEIR RECOMMENDATIONS FOR THE LENGTH OF TERMS FOR
EACH MEMBER. CARRIED.
MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN MCKINLEY, TO AUTHORIZE COUNCILMAY OBERBECK TO
PUT OUT BIDS FOR THE SPRINKLER SYSTEM AT THE BALLFIELD WHEN HIS SPECIFICATIONS ARE READY. CARRIED.
MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN MCKINLEY, TO TABLE UNTIL THE NEXT REGULAR
COUNCIL MEETING A RESOLUTION DESINGNATING TRACT "A", UNIT 9, SEBASTIAN HIGHLANDS, SOLELY AS A UTILITY
SITE. CARRIED.
MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO TABLE UNTIL THE NEXT REGULAR COUNCIL
MEETING THE ORDINANCES RE WATER AND SEWER FRANCHISES WITH GENERAL DEVELOPMENT CORPORATION. CARRIED.
MR. KILBRIDE REQUESTED AUTHORIZATION FROM THE COUNCIL TO ENTER A STIPULATION ON BEHALF OF THE CITY
THAT WE WOULD CONSENT TO THE COURT ENTERING A JUDGMENT EXTINGUISHING THE PLAT KNOWN AS "HUDSON'S
ADDITION TO SEBASTIAN". THIS IS UNDEVELOPED LAND IN THE NORTHERN PART OF THE CITY JUST WEST OF THE
EAST COAST RAILROAD TRACKS NORTH OF MAIN STREET. THE OWNERS OF THE PROPERTY ARE PREPARED TO
TO THE CITY AN ADDITIONAL 15 FOOT R/~OF-Wi4~ FOR ~H~-~D~NING OF LOUISIANA AVENUE AND A 30
RIGHT OF WAY FOR THE EXTENSION OF s'mcA OF SUS-
DIVISION HAS BEEN OPENED FOR PUBLIC USE A~D THE ~RT~N 80~FE~T IS OWNED BY SOMEONE ELSE, MAYOR FLOOD
MOTION BY COUNCI~AN GASS, SECONDED BY C~L~N~ ] B~INLE~TO~ TABLE THE ENTERING OF A JUDGMENT TO
EXTINGUISH THE PLAT KNOWN AS "HUDSON'S ADDITION TO SEBASTIAN" FOR MORE RESEARCH. CARRIED.
MOTION BY COUNCI~AN GASS, SECONDED BY COUNCIL~ER~, TO CHANGE THE REGUL~LY SCHEDULED COUNCIL
MEETING OF OCTOB~ 22 TO ~TOBER 29 DUE TO THE FACT T~A~A MAJORITY OF THE COUNCIL MEMBERS WILL BE
ATTENDING THE FLORIDA LEAGUE OF CITIES MEETING. CARRiE~
MOTION BY COUNCI~AN GASS, SECONDED BY COUNCIL~,~ Mc~NLEY, TO ADOPT A RESOLUTION ABANDONIN® EASE-
MOTION BY COUNCI~AN G~S, SECONDED BY COUNCILWOMAN McKINLEY, TO ALLOW THE S~IETY QF COLONIAL DAMES
TQ USE THE COMMUNITY CENTER, FREE QF CHARGE, QN NOVEMBER g FQR THEIR VETERAN'S DAY PR~R~M. CARRIED.
MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO PERMIT DAVID BARNEY TO PARK A TRAILER
TEMPORARILY ON HIS LOT AT 1650 S.W. PENLYNN STREET, SEBASTIAN HIGHLANDS. CARRIED.
FOLLOWED A BRIEF DISCUSSION ON THE FUTURE USE OF THE BURR PROPERTY. MAYOR FLOOD WOULD LIKE TO
IT AS A PARK, COUNCILMAN GASS THOUGHT IT SHOULD BE DESIGNATED FOR PUBLIC USE,~ BUT NOT
FORMALLY DESIGNATED AS A PARK. MR. KILBRIDE ADVISED THAT ONCE A PIECE OF PROPERTY IS DESIGNATED AS A
PARK, IT CREATES A RIGHT OF THE PUBLIC TO KEEP IT, AND IT WOULD THEN BE DIFFICULT TO EVER MAKE ANY
OTHER USE OF IT. MAYOR FLOOD STATED THAT HE WOULD LiKE THE COUNCIL TO DECIDE ON THIS MATTER AT THE
NEXT REGULAR COUNCIL MEETING.
MAYOR FLOOD ADVISED THAT THE RIVER'S EDGE PROPERTY OWNERS ASSOCIATION HAS HIRED AN ATTORNEY AND MR.
KILBRIDE AND HE ARE WORKING TOGETHER WITH THE DEPARTMENT OF EVIRONMENTAL REGULATIONS TO TRY AND SOLVE
THE PROBLEMS WITH MR. KEPPLER.
MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN MCKINLEY, TO AUTHORIZE MR. KILBRIDE TO FILE A BRIEF
WITH THE STATE OF FLORIDA, WITH THE CIRCUIT COURT, ALONG WITH THE DEPARTMENT OF ENVIRONMENTAL RE-
GULATIONS. CARRIED.
MAYOR FLOOD STATED THAT WE WILL BE GETTING 4 CETA SLOTS.
OFFICES, WHEREVER NEEDED.
WE WILL BE GETTING ANOTHER GIRL TO WORK IN THE
MEETING ADJOURNED AT 9:30 P.M.
CITY CLERK MAYOR