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HomeMy WebLinkAbout11141984PUBLIC HEARING, REGULAR COUNCIL SEBASTIAN CITY COUNCIL NOV}~MBER 14, 1984 - 7:00 P.M. MAYOR GALLAGHER CALLED THE PUBLIC HEARING TO ORDER AT 7:00 P.M. PRESENT: VICE MAYOR DOROTHY MCKINLEY COUNCILMAN RICHARD SZELUGA COUNCILWOMAN LINDA KEENAN AT1Y)RNEY THOMAS C. P~ MAYOR JIM GALLAGHER ABSENT: COUNCILMAN KEN ROTH (EXCUSED) VICE MAYOR MCKINLEY LEAD THE COUNCIL AND AUDIENCE IN THE PLEDGE OF ALLEGIANCE TO THE FLAG. ATTORNEY PAIME~ READ BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE SECOND PARAGRAPH OF SECTION 23-2, OF THE CODE OF ORDINANCES, AND THEREBY CHANGING THE NAME OF THE STREET LOCATED BETWEEN LOTS 1 THROUGH 48, BLOCK 457; AND LOTS 1 THROUGH 16, BLOCK 458, IN THE SEBASTIAN HIGHLANDS SECTION OF THE CITY, FROM THE STREET NAME OF "JOY HAVEN DRIVE" TO "LARCHMONT TERRACE"; PROVIDING AN EFFECTIVE DATE. THERE BEING NO COMMENTS FROM THE COUNCIL OR THE PUBLIC MAYOR GALLAGHER CLOSED THE PUBLIC HEARING AT 7:04 P.M. OIN~ -- ~--'~ O~ MAYOR GALLAGHER CALLED THE REGULAR £ MEETIb.~ 50 AT 7:04 P.M. ATTORNEY PLAMER READ FOR THE SECOND AN~J-~NAL TIMJ5 BY TI~E ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA., AMENDING THE SEC~lfAR~IAP~ SECJLIbN 23-2, OF THE CODE OF ORDINANCES, AND THEREBY CHANGING THE NAME OF THE STREET LOCATED BETWEEN LOTS 1 THROUGH 48, BLOCK 457; AND LOTS 1 THROUGH 16, BLOCK 458, IN THE SEBASTIAN, HICKS SECTION OF THE CITY, FROM THE STREET NAME OF "JOY HAVEN DRIVE TO IARCHMONT TERRACE '~'~2R~'0¥IDI~AN EFFECTIVE DATE. MOTION BY VICE MAYOR MCKINLEY, SECONDED BY CDUNCI~SZELUGA, TO ADOPT THE SECOND AND FINAL READING OF AN ORDiNACE OF THE CITY OF SEBAS/'IAN.~ FLORIDA, AMENDING THE SECOND PARAGRAPH OF SECTION 23-2, OF THE CODE OF ORDINAN.CES ~ ~E~EBYICHANGING THE NAME OF THE STREET LOCATED BEq%~EN LOTS 1 THROUGH 48, BLOCK 457, AND IIYPM'I _~ROUGH 16, BLOCK 458, IN THE SEBASTIAN HIGHLANDS SECTION OF THE CITY, FROM THE STREET NAME OF "JOY HAVEN DRIVE TO LARCHMONT TERRACE"; PROVIDING AN EFFE~ D~ ~--~ ~ ~-~ ROLL CALL VO~.~X AYES ~ VI C~O~ ~K~ ~ NAYS: NONE MOTION CARRIED. MAYOR GALLAGHER CLOSED THE REGULAR COUNCIL MEETING AND REOPENED THE PUBLIC HEARING AT 7:06 P.M. ATIORNEY PALMER READ BY TITLE ONLY AN ORDINANCE RENUMBERING SECTION 6-10FTHE CODE OF ORDINANCES AS SECTION 6-13.1 WITHOUT A CHANGE IN CONTENTS; CREATING SECTION 6-1 IN ARTICLE I OF CHAPTER 6 PERTAINING TO GENERAL REGULATIONS OF WATERCRAFT OPERATING WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING A PENALTY CLAUSE; STATING AN EFFECTIVE DATE AND A SEVERABILITY CLAUSE. THERE BEING NO COMMENTS FROM THE COUNCIL OR THE PUBLIC MAYOR GALLAGHER CLOSED THE PUBLIC HEARING AT 7:07 P.M. MAYOR GALLAGHER REOPENED THE REGULAR COUNCIL MEETING AT 7:0? P.M. ATTORNEY PAIMER READ FOR THE SECOND AND FINAL TIME BY TITLE ONLY AN ORDINANCE RENUMBERING SECTION 6-1 OF THE CODE OF ORDINANCES AS SECTION 6-13.1WITHOUTA CHANGE IN CONTENTS; CREATING SECTION 6-1 THROUGH 6-15 IN ARTICLE I OF CHAPTER 6 PERTAINING TO GENERAL REGULATIONS OF WATERCRAFT OPERATING WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING A PENALTY CLAUSE; STATING AN EFFECTIVE DATE AND A SEVERABILITY CLAUSE. MOTION BY VICE MAYOR MCKINLEY, SECONDED COUNCILMAN SZELUGA, TO ADOPT THE FINAL READING OF AN ORDINANCE RENUMBERING SECTION 6,1 OF THE CODE OF ORDINANCES AS SECTION 6-13.1 WITHOUT A CHANGE IN CONTENTS; CREATING SECTION 6-1 THROUGH 6-15 IN ARTICLE I OF CHAPTER 6 PERTAINING TO GENERAL REGULATIONS OF WATERCRAFT OPERATING WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING A PENALTY CLAUSE; STATING AN EFFECTIVE DATE AND A SEVERABILITY CLAUSE. COUNCILMAN SZELUGA ASKED IF MR. GRIMES WAS IN THE AUDIENCE. MAYOR GALLAGHER STATED THAT THE COUNCIL HAD RECEIVED A LEI~ FROM MR. GRIMES AND REQUESTED THAT THE CLERK READ THE LEITER FOR THE RECORD. COUNCILWOMAN KEENAN QUESTIONED AS TO ¥~/liER OR NOT SIGNS WOULD BE POSTED. MAYOR GALLAGHER REPLIED THAT THE CHIEF WOULD DO SO IF NECESSARY. MINUTES: PAGE 2 PUBLIC HEARING AND REGULAR COUNCIL NOVtMBER 14, 1984 ROLL CALL VOTE: AYES: VICE MAYOR MCKINLEY COUNCIIMAN SZELUGA COUNCILWOMAN KEENAN MAYOR GALALGHER NAYS: NONE MOTION CARRIED. MAYOR GALLAGHERANNOUNCED q~IATTHE PLANNING AND ZONING BOARD WOULDMEET IN THE CITY COUNCIL CHAMBERS ON THURSDAY, NOVEMBER 15, 1984, AT 7:30 P.M. ATiORNEY PALMER READ, IN ITS ENTIRETY, A PROCLAMATION, PROCLAIMING "AMERICAN EDUCATION WEEK". ATIORNEY PALMER READ, IN ITS ENTIRETY, A PROCLAMATION, PROCLAIMING "SEBASTIAN SUN DAY". MOTION BY COUNCIIMAN SZELUGA, SECONDED BY VICE MAYOR MCKINLEY, TO APPROVE THEMEETIANG MINUTES, FOR THE DATES SPECIFIED, ON PUBLIC HEARINGS, BID OPENINGS, AND REGULAR COUNCIL MEETINGS, AS PROVIDED TO THE CITY COUNCIL. MOTION CARRIED. ATTORNEY P~READ, BY TITLE ONLY, A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, MAKING FINDINGS OF FACT AND DETERMINING CONCLUSIONS OF LAW PERTAINING TO THE SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT, A DEVE%O~ OF REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUTIONAS A DEVEIDPMENT ORDER BY THE CITY OF SEBASTIAN, F~RIDA, IN COMPLIANCE WITH LAW; AND PROVIDING AN EFFECTIVE DATE. MOTION BY VICE MAYOR MCKINLEY, SECONdlY CCUb~i-I~A~K~NAN, TO ADOPT, AS READ, A RESOLUTION OF THE CITY OF SEBASTIAN!' F~I~, bI~f~I~F~N~GS OF FACT AND DETERMINING CONCLUSIONS OF LAW PERTAINING TO THE SAINT SEBASTiAI~-PI.AIiNED UNIT D~LOP~, A DEVELOPM~ OF REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUT20~S ~. DEI%q~OPME~TfORDER BY THE CITY OF SEBASTIAN, FLORIDA, IN COMPLIANCE WITH LAW; AN~ ~O~IDING A~- EFFECtiVE DATE. AFTER MUCH DISCUSSION MR. VICK AGREED TO PROVIDE THE CI%Y WITH TWO POLICE OFFICERS SALARIES AND POLICE ICLES. DISCUS>Z S DING WATER SITE TO BE USED FOR CONSTUCTION. MR. VAN DEVOORD~{~..]~DAC[~F~THE COUNCIL ON THE INCLUSION OF THE AIRPORT ADVISORY BOARDS RECOMMENDATIONS. MAYOR GALI~=HER S~TED THAT THEY HAD BEEN INCLUDED. COUNCILWOMAN KEENAN WITHDREW HER SECOND. VICE MAYOR MCKINLEY WITHDREW HER MOTION. THE FOLLOWING C.~HA~I~~-TO~FHE ~LUT~N ~ P~RAG~ 22,-~N~AGE 10, _,--__ BY R~, A RESOL~IqN~ ~E ~ O~S'~~ ~D~, M~ING F2~I~ 9F FA~ ~D D~INING CONCLUSIONS OF ~~TA~ ~ ~~B~ P~m ~I~~~ A D~~ OF R~ION~ I~A~ ~ CONSTI~ING ~IS RESOL~ION ~ A D~P~ 0~ BY ~E CI~ OF SEBASTI~, ~RIDA, IN C~INCE WI~ ~W; ~) PROVIDING ~ ~EL~I~' DATE. ROLL CALL VOTE: AYES: VICE MAYOR MCKINLEY COUNCIIMAN SZELUGA COUNCILWOMAN KEENAN MAYOR GALLAGHER NAYS: NONE MOTION CARRIED. MAYOR GALLAGHER STATED THAT AN AVIATION EASEMENT HAD BEEN PROVIDED TO THE COUNCIL AND HE WOULD APPRECIATE THE COUNCIL ACCEPTING THE EASMMENT FOR THE RECORD. MOTION BY COUNCILWOMAN KE~ENAN, SECONDED BY VICE MAYOR MCKINLEY, TO ACCEPT ~tE AVIATION EASEMENT AS A PART OF THE DEVELOPMENT ORDER FOR SAINT SEBASTIAN PLANNED UNIT DEVEiOP~MENT. COUNCILMAN SZELUGA SUGGESTED THAT THE COUNCIL TABLE THE EASMMEP~F AGREt~MENT UNTIL THE AIRPORT PLANNER REVIEW THE EASMMENT AND THAT IT ONLY BE GOOD FOR SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT. MOTION CARRIED. MAYOR GALLAGHER STATED THAT THE DOWNTOWN WATER FRANCHISE SHOULD BE READY AND SET FOR PUBLIC HEARING IN APPROXIMATELYTHIRTY (30) DAYS. ATTORNEY PALMER EXPLAINED THAT THE FRANCHISE AGREEMENT HAD BEEN PROPOSED, HOWEVER, A FEW CHANGES NEEDED TO BE MADE AND A RATE STRUCTURE INCLUDED IN THE FRANCHISE. MOTION BY MAYOR GALLAGHER, SECONDED BY VICE MAYOR MCKINLEY, TO POSTPONE A~Cf DISCUSSION OR ACTION ON T~ PROPOSED DO~0~fO~ WATER FRANCHISE UNTIL ~{E WORKSHOP MEETING, DECMMBER 5, 1984. MOTION CARRIED. MINUTES: PAGE 3 PUBLIC HEARING AND REGULAR COUNCIL NOVMVBER 14, 1984 MEETING RECESSED AT 8:40 P.M. AND RECALLED AT 8:50 P.M. WITH ALL STILL PRESENT. ATTORNEY PALMER READ BY %ITLE ONLY, A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, OBLIGATING THE SEBASTIANMUNICIPAL GOLF COURSE TO PAY AN ANNUAL USE FEE TO THE MUNICIPAL AIRPORT ACCOUNT FOR THE USE OF AIRPORT PROPERTY AS A MUNICIPAL GOLF COURSE AND OTHER OBLIGATIONS REGARDING THE USE OF THE MUNICIPAL GOLF COURSE; THiS RESOLUTION SHALL BE A BINDING AGREEMENT WITHTHE FEDERAL AVIATION ADMINISTRATION UPON APPROVAL BY THE FEDERAL AVIATION ADMINISTRATION. MOTION BY VICE MAYOR MCKINLEY, SECONDED BY COUNCILWOMAN KEENAN, TO ADOPT AS READ, A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, OBLIGATING THE SEBASTIAN MUNICIPAL GOLF COURSE TO PAY AN ANNUAL USE FEE TO THE MUNICIPAL AIRPORT ACCOUNT FOR THE USE OF AIRPORT PROPERTY AS A MUNICIPAL GOLF COURSE AND OTHER OBLIGATIONS REGARDING THE USE OF THEMUNICIPALGOLF COURSE; THIS RESOLUTION SHALL BE A BINDINGAGREEMENTWITHTHE FEDERAL AVIATION ADMINISTRATION UPON APPROVAL BY THE FEDERAL AVIATION ADMINISTRATION. COUNCILMAN SZE~UGA QUESTIONED AS TO klRE~ THE AGREMMENT HAD BEEN CONCURRED WITH THROUGH THE AIRPORT ADVISORY BOARD. ROLL CALL VOTE: AYES: VICE MAYORMCKINLEY COUNCILWOMAN KEENAN MAYOR GALLAGHER NAYS: COUNCILMAN SZELUGA MOTION CARRIED. MOTION BY COUNCILWOMAN KEENAN, SECONDED BY ViCE MAYOR MCKINLEY, TO NOTIFY THE AIRPORT ADVISORY BOARD THAT THE MAYOR WILL CONTACT THE FEDERAL AVIATION ADMINISTRATION, WITH NO INTERFERENCE FROM THE BOARD. f.'-'~ MOTION CARRIED. GOLF COURSE PARKING LOT PAVING.~OJ AFTER MUCH DISCUSSION REGARDING THE $20,000.00 BUDGETED FOR THE PAVING, THE APPROXIMATE COST OF 21iE PAVING AT $15,000.00 AND~ONF~J~TION OF THE STATE CONTRACT WITH DICKERSON, INC., THE FOLLOWING MOTIONfWA~ ~[iE.~ MOTION BY COUNCIIMAN-SZELUGA, SECONDED BI ~ICE~YOR MCKINLEY, TO ACCEPT DICKERSON, INC., TO PAVE THE GOLF COURSE PARKING L~I ~q~ $43.00 PER TON, AS THE BUSY SEASON THE LOT WILL GET WORSE IF WE DO NOT PAVE NOW,'~R ~ BLAIR'S LETI~. MAYOR GALLAGHER QUESTIONED AS TO WHEI}{ER OR NOT THE MOTION AND FEE WOULD INCLUDE LABOR MOTION BY COUNCILMAN SZELUGA, SECONDED BY VICE MAYOR MCKINLEY, TO PURCHASE FROM DICKERSON, INC., THE PAVING OF THE GOLF COURSE PARKING LOT AT $43.00 PER TON, ESTIMATED TONAGE AT 250 TONS, WITH DICKERSON INSTALLING AND IN THE SUPERVISION OF THE BUILDING OFFICIAL. ROLL CALL VOTE: AYES: VICE MAYOR MCKINLEY COUNCILMAN SZELUGA COUNCILWOMAN KEENAN NAYS: MAYOR GALLAGHER MOTION CARRIED. MAYOR GALLAGHER STATED THAT GENERAL DEVELOPMENT UTILITIES WOULD BE PROPOSING AN EXTENSION TO THEIR WATER FRANCHISE FOR ~ NEW PELICAN ELEMENTARY SCHOOL AT THE WORKSHOP MEETING DECEMBER 5, 1984. MAYOR GALLAGHER STATED THAT HE HAD RECEIVED A LEITER FROM THE POSTMASTER, MS. KINNEY, AND IF ANY RESIDENTS HAD MAIL PROBLEMS THEY SHOULD CONTACT MS. KINNEY OR MRS. FRALEY. MAYOR GALLAGHER STATED THAT THE BUILDING OFFICAL AND HE HAD COMPLETED A JOB STUDY OF THE WORK IN THE BUILDING DEPARTMENT AND tie WOULD LIKE ADDED TO THE NEXT MEETING AGENDA THE CREATION OF A PART TIME POSITION FOR THE BUILDING DEPARTMEN~£. VICE MAYOR MCKINLEY STATED THAT THE TIME WAS RUNNING SHORT ONTHE STUDENT GOVERNMENT DAY, AND THAT PROBLEMS WERE STILL EVIDENT AND THAT WITH ~{E COUNCIL PERMISSION SHE WOULD CANCEL THE PROGRAM FOR THIS YEAR. THERE WERE NO OBJECTIONS. COUNCILWOMAN KEENAN ANNOUNCED THAT THE PARKS AND RECREATION COMMITTEE WOULD BE SPONSORING A CHRISTMAS PARADE ON DECEMBER 15, 1984. THE TIb~ WILL BE EITHER 6:00 OR ~-:00 P.M. A%TORNEY PAIMER STATED THAT THE AIRPORT ADVISORY BOARD HAD APPROVED ONE CONSULTING ENGINEER FOR THEIR MASTER PLAN, THE FIRMWAS ONE OF THREE ENGINEERS SELECTED FROM THE ELIMINATION PROCESS OF APPLICATIONS AND INTERVIEWS. VICE MAYOR MCKINLEY SUGGESTED THAT THE COUNCIL POSTPONE UNTIL A REPRESENTATIVE FROM THE FIRM APPROACH THE COUNCIL FOR INTERVIEW. MINUTES: PAGE 4 PUBLIC HEARING AND REGULAR COUNCIL NOVt~ER 14, 1984 MAYOR GALLAGHER STATED THAT HE DID NOT OBJECT TO APPROVING THE BOARD RECOMMENDATION, HOWEVER, HE WOULD LIKE THE AIRPORT TO SHOW JUSTIFICATION OF THEIR CHOICE. MOTION BY MAYOR GALLAGHER, SECONDED BY VICEMAYOR MCKINLEY, TO POSTPONE THEAPPROVAL OF ~{E CONSULTING ENGINEER FOR THE AIRPORT BOARD UNTIL THE MEETING OF NOVt~ER21, 1984. MOTION CARRIED. ATTORNEY PALMER READ FOR THE FIRST TIME BY TITLE ONLY, AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SUB-PARAGRAPH (b) (5) OF SECTION 2-94 OF THE CODE OF ORDINANCES OF THE CITY AND THEREBY REQUIRING THAT EACH MEMBER OF THE CODE ENFORCEMENT BOARD BE A RESIDENT OF THE CITY OF SEBASTIAN AND TIIAT IF A MEMBER CEASES TO BE A RESIDENT OF THE CITY THAT PERSON'S MtlMBERSHIP ON THE CODE ENFORCt~MENT BOARD IS AUTO- MATICALLY TERMINATED; PROVIDING AN EFFECTIVE DATE. 'ROLL CALL VOTE: AYES: VICE MAYOR MCKINLEY COUNCIl/RAN SZELUGA COUNCILWOMAN KEENAN MAYOR GALLAGHER NAYS: NONE MOTION CARRIED. MAYOR GALLAGHER STATED THAT THE PUBLIC HEARING WILL BE HELD PRIOR TO THE REGULAR COUNCIL MEETING ON DECEMBER 12, 1984, AT 7:00 P.M. AYTORNEY PALMER READ FOR THE FIRST TIME, BY TITLE ONLY, AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEK~/~IO~_~7~P-~C~ 17 OF THE CITY CODE, AND THEREBY MAKING IT UNIAWFUL FOR UNAUITIORIZPD~SONS-V3 TRESSES/ON SPECIFIED AREAS OF CITY PROPERTY W~IERE POSTED WITH SIGNS CR WH~! 2NSTRL~ED\T0fLEAVE THE PREMISES BY A POLICE OFFICER OF THE CITY; PROVIDING ~ ~C.tVE D~ZE. ] / MOTION BY COUNCILMAN SZELUGA, SE(~ i~v COU~LWOM~ KEENAN, TO ACCEPT THE FIRST READING, BY TITLE ONLY, AN ORDINANCE OF 1TiE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW SECTION 17-7 TO CHAPTER 17 OF IT{E CITY ,GO~, A~BY MAKING IT UNLAWFUL FOR UNAUTHORIZED PERSONS TO TRESPASS ON SP~i~TI~D A~S OF CITY PROPERTY WHERE POSTED WITH SIGNS OR ~R{EN INSTRUCTED TO LEAVE THE PR~IISES ~_ A POLICE OFFICER OF THE CITY; PROVIDING AN EFFECTIVE DATE. ~ ROLL CALL VCrfg: AYES: VICE MAYO]~._~ZNLE~ COUNCILMAN ~SZT~UG'A- COUNCILWOMAN KEENAN MOTION BY COUNCILWOMAN KEENAN, SECONDED BY COUNCILMAN SZELUGA, TO APPROVE THE SERVING OF ALCOHOLIC BEVERAGES AT A CHRISTMAS PARTY FOR THE SEBASTIAN HIGHLANDS PROPERTY OWNERS ASSOCIATION TO BE HELD AT 17{E YACHT CLUB ON DECEIMBER 10, 1984. MOTION CARRIED. MOTION BY COUNCILMAN SZELUGA, SECONDED BY COUNCILWOMAN KEENAN, TO ADJOURN THE CITY COUNCIL MEETING. MOTION CARRIED. MEETING ADJOURNED AT 9:36 P.M. DEBORAH C. KRAGES, CITY CLERK JIM GALLAGHER, MAYOR MINUTES APPROVED AT DECEMBER 5, 1984 COUNCIL MEETING.