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HomeMy WebLinkAbout01092002HOME OF PF~CJ~I I$1~ SEBASTIAN CiTY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 9, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council limit of ten minutes per speaker (R-99-21) 1. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Rev. John Morrissey of St. Sebastian Catholic Church gave the invocation. 4. ROLL CALL City Council Present: Mayor Walter Barnes Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Mr. Ray Coniglio Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Growth Management Director, Tracy Hass Public Works Director, Terry Hill Regular City Council Meeting January 9, 2002 Page Two AGENDA MODIFICATIONS (ADDITIONS AN.D/OR DELETIONS) Items not on the wrftten agenda may be added only upon a majority vote of City Council members (R-99-21) The City Clerk requested that the December 12, 2001 Regular Meeting minutes be withdrawn for corrections until the January 23, 2002 meeting. 6. PROC~MATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 02.001 A. C0n,qressman We!don to Discus8 Redistricting Congressman Weldon presented a legislative update regarding efforts to combat terrorism, stimulate the economy, insurance reform and terrorism impacts, ban human cloning, place a moratorium on immigration from certain middle eastern countries; and reported he had made known to those responsible for reapportionment that he wished to continue to represent all of Indian River County. Mayor Barnes said letters had been sent in support of his continued representation. Congressman Weldon said Senator Latvala has presented a second map that does include Sebastian. He said that additional letters from Council would have an impact. Congressman Weldon was commended for the work that has been done since September 11, 2001. The Congressman's assistant gave City Council commemorative pins. Mayor Barnes gave Congressman Weldon a City of Sebastian pin and a letter relative to funding needs for Sebastian airport. (See letter attached) 02.002 T....rudY Hertling, Sylvia Friedel and Beth Mitchell acc..epted the Pelican Island Garden Club & ~ebastian River. ,Ama Chamber ~)f Commerce Proclamation Mayor Barnes read and presented the proclamation to Trudy Hertling and Sylvia Friedel. 01.264 Certificate Q_f Ai3preciation tO GFWC Sebastian River J¥.ni0r Woman~...Club and Wall¥ Kramer for Participation in Sante.. ~ail-in 2001 Mayor Barnes read and presented certificates of appreciation to the GFWC Sebastian River Junior Womans Club and Wally Kramer for their participation in the Santa Sail-In. 7. CITY ATTORNEY MATTERS None. Regular City Council Meeting January 9, 2002 Page Three 8. CITY MANAGER MATTER~ 01.203 A. Presentation by Representatives from Keith & Schnars, P.A.; FDOT - United States Hi.qhwa¥ 1 Irnorovement Proeram Dewey Oliver, Keith & Schnars, P.A. updated City Council on the US 1 improvement program, which he reported, should be completed by mid-June. Mr. Hill inquired about landscape bump-outs and whether they can be addressed within the project, and how much longer businesses will be without on-street parking. Mr. Oliver said FDOT preferred that this project be completed before bump-outs are addressed, and that hopefully, within a month some on-street parking will be available. He then addressed the issue of minimum turning radius requirements. Mr. Coniglio reiterated his concern about limiting on-street parking adjacent to driveways and desire to move forward with bump-outs. Mr. Oliver said FDOT submitted a letter to the City Manager about some options. The City Manager clarified that bump-outs could be pursued if directed by Council with funding from an FDOT highway beautification grant after completion of this project. Mr. Oliver responded to concerns expressed by Mayor Barnes regarding collapsing culvert pipes. 01.184 B. Presentati0.n./Request from RePresentatives frQ.m Oran,qe Pee!.....Enterprises, Inc.!G.reens+ - Future Development and the City of Sebastian (Airport .'['ransmittal 113/02, A, mendment One) Scott Reilly, Orange Peel Enterprises, Inc./Greens Plus, requested an extension of six to twelve months on its airport lease to allow time for due diligence before breaking ground. He said they have a financial commitment to the City and wish to reimburse the City for expenses it has incurred in this effort; and reported they have a design in place which can be passed on to the City, but that environmental work and an FAA permit will be needed. The City Attorney asked which grace period the lessee was looking for and Mr. Reilly said he was looking for a grace period on the rent. The City Attorney restated that the lessees were looking for an extension up to January 2004 to get the facility constructed and then they would begin to pay rent. The City Attorney stated the motion as follows: "Authorize execution of an addendum to the contract extending the grace period by additional 12 months in exchange for payment of environmental and expenses for site preparation." Regular City Council Meeting Janua~ 9,2002 Page Four MOTION by Coniglio/Barczyk "So moved." ROLL CALL: Mayor Barnes Mr. Barczyk Mr. Majcher Mr. Hill Mr. Coniglio - aye - aye - aye - aye - aye MOTION CARRIED 5-0 The City Attorney was directed to prepare the addendum. 9. CITY CLERK MATTERS 01.173 A. Elizabeth Gray - Alternate Member of the Parks and Re(;...r...eation Advisory Committee The City Clerk requested clarification that Elizabeth Gray will act as alternate to all members of the Committee in the event of any absence. City Council concurred. Mayor Barnes requested that all members of the Committee be contacted to determine whether one of them would like to serve on the Indian River County Parks and Recreation Committee. 10. CITY COUNCIL MATTERS A. Mr. ¢~)ni,qlio -Shared an FDOT Scenic Highway brochure that listed nine scenic locations in the area. He stated availability of these brochures will boost interest to our area. -Asked if a permanent plaque commemorating the 75th Anniversary is underway and the City Manager advised the plaque had been ordered. -Asked if a brochure on tree cutting rules and regulations could be available to realtors for people interested in establishing residency. - Requested a chain of command brochure for people who have problem with garbage pickup. The City Manager responded people should contact Capital Sanitation and if satisfaction wasn't found, citizens should contact him. -Said citizens contacted him who walk CR512 and noticed that trees had been cut down east of Fleming, along the sidewalk and wanted to know if the trees will be replaced. The City Manager invited people to stop by City Hall to review site plans for any location they may be interested in. 4 Regular City Council Meeting January 9, 2002 Page Five 01.185 Mayor Barnes 1. Council Member ^ttenda.n._~e at 2002 IRC. Commission Meetin.qs Mayor Barnes appointed attendance as follows: Mayor Barnes - January Mr. Coniglio - February Mr. Barczyk - March Mr. Majcher - April Mr. Hill- May Discussion took place on the necessity for attendance. TAPE I - SIDE II C. Mr. BarczYk -Expressed concern about cars parking in swales, and lawn maintenance vehicles parked on roads without cones. The City Manager stated lawn maintenance companies have been spoken to about this. -Stated when AT&T took over, 64 cable/meter boxes were left in the City, though he was not sure if the boxes were AT&T or FPL's; and requested, since the meter boxes are costly, could FPL collect the boxes. The City Manager noted AT&T and FPL do have a program to collect them. -Stated he had received many calls on the cable price increase. -Reiterated concern for tree removal on the CR512 project and asked if Council could get copies of future plans regarding tree removal from bigger developments. The City Manager responded in the future, vegetation plans could be available. D. Mr. Maicher -Said he had received the same phone calls and advised people that no one gets a certificate of occupancy unless they meet LDC provisions. -Requested a progress report on the committee reviewing the County water expansion. The City Attorney stated the Committee met in December and had requested further documents from the County and will meet again in two to three weeks. He said the Committee's report is scheduled to be submitted in March 2002. Mr. Majcher asked if grants were received for the water hook-up, and if so, why are people being charged. The City Manager reported that CDBG funding is available for iow to moderate income areas such as Louisiana Avenue, however, the City did not qualify for any utility grants. E. Mr. Hill -Welcomed everyone back to work. Regular City Council Meeting January 9, 2002 Page Six 11. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless e member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 12/12/2001 Regular Meeting 02.007 02.003 Approve Pelican Island Preservation Society's 100th Anniversary of Pelican Island Special Event at Riverview Park on March 14, 15 & 16, 2003 (Parks Transmittal 12/19/2001, Application, Letter, Pamphlet) Resolution No. R-02-01-Vacation of Easement- Holiday Builders Lots 9 & 10, Block 206, Sebastian Highlands Unit 8 (GMD Transmittal 1/3/02, R-02~01, Staff Report, Site Map, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 9 AND 10, BLOCK 206, SEBASTIAN HIGHLANDS UNIT 8, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 02.004 Award Contract to Wesco Turf Supply, Inc. to Purchase a Toro Z 255 ZRT 62" Mower in the Amount of $ 6,337.00, Subject to Terms and Conditions of State Contract # 515-630- 00-1 (Parks Transmittal 1/02/02, Quote Tabulation) MOTION by Majcher/Barczyk "1 make a motion to approve consent agenda items B, C and D. Mr. Coniglio then pulled item B for clarification and Mr. Majcher restated his motion as follows: make a motion to approve consent agenda item A, excuse me, C and D." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye MOTION CARRIED 5-0 Item B - Pelican .!gland Preservation so~.iety's 100th Anniversa.o/of Pe ican Island Special Event at Riverview Par. k Mr. Coniglio stated he believed the event was originally planned for longer than three days and there should be more logistics presented tonight for approval. The City Manager said more detail would be brought back to Council as they are arranged. MOTION by Coniglio/Barczyk "1 make a motion that we approve item B." Regular City Council Meeting January 9, 2002 Page Seven ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Mayor Barnes lauded the Public Works Director for making Item D available for public demonstration. O2.005 12. PUBLIC HEARING (quasi-Judicial) (See procedures at back of agenda) First Reading and First,. Public Hearin.q on,,,Ordinance No. O-Q2-01 Moratorium, on Cell Phone Towers and,Schedule Second P~Jblic Heari,n!:l for 1/2, ~/02 (City Attorney Transmittal., O~02-01) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNICATION TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATION TOWERS; PROVIDING FOR EXCEPTIONS; SETTING FORTH EXPIRATION; PROVIDING FOR CONFLICT, SEVERABiLITY AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-02-01 by title and Mayor Barnes opened the public hearing at 8:18 p.m. The City Attorney advised that although technically quasi-judicial since the ordinance is treated like a rezoning, quasi-judicial procedures do not have to be followed except for advertising in this matter. The City Attorney described the ordinance and its effect. Being no input, Mayor Barnes closed the hearing at 8:24 p.m. MOTION by Barczyk/Coniglio "Move to conduct the first reading and the first quasi-judicial hearing on Ordinance O-02-01 and set the second and final quasi-judicial hearing for January 23, 2002." ROLL CALL: Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Regular City Council Meeting January 9, 2002 Page Eight 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required- limit of ten minutes for each speaker Sal Neglia, Sebastian, suggested the side doors of City Hall be reopened and the City Manager said there is a plan in place for the doors. Herb Sturm, 549 Saunders Street, Sebastian, began his presentation entitled "False Statements and False Police Reports", and Mayor Barnes cited the agenda provision which provides that "Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes per speaker" and noted that Mr. Sturm's item did not occur within the past six months. Mayor Barnes called recess at 8:32 p.m. and reconvened the meeting at 8:40 p.m. All members were present. 14. CQMMI'I-FEE REPORTS/RECOMMENDATIONS - None 15. OLD BUSINESS - None 16. NEW BUSINESS 02.008 .F. jrst Readin.q Ordinance.....No. 0-02-02 - Parkin,q Nuisances - Schedule P..ublic Hearing 2/13/02 (City Attorney Transmittal, 0-02-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 66-3 (NUISANCES) iLLUSTRATIVEENUMERATION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The City Attorney read Ordinance No. 0-02-02 by title. Mr, Coniglio suggested two changes as follows: (12) (a) remove the word "front" and (b) add "un" to licensed. Mayor Barnes suggested that language read "no more than one vessel being worked on at a time". The City Attorney said he could further describe the word vessel to provide that a boat on a trailer would be treated as one vessel. There was a consensus to agree with Mayor Barnes' suggestion. The City Attorney read back the amendments. "(a) then would read 'A vehicle or vessel including a trailer, actually I think that including a trailer ought to go with vehicle that is unregistered or unlicenced and located to the street side of the building line of the principal structure; or' (b) would read '... more than one vehicle including trailers, vessel or vessel trailer tandem on the property that is unregistered or unlicenced.'" 8 Regular City Council Meeting January 9, 2002 Page Nine MOTION by Barczyk/Hill "Move to pass Ordinance No. O-02-02 on the first reading, as per as amended on first reading and set a public hearing for February 13, 2002." 02.006 ROLL CALL: Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Ordin. ance No. O-02-03 - Revised Conceptual Plan. with n..Lake Dolores - Schedule.. Quasi-Ju..dicial Pvblic Hearin~ 1/23/02 (GMD Transmittal 12/19/01, 0-02-03, Conceptual Plan.., Location Map and P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR THE VILLAGES OF LAKE DOLORES PLANNED UNIT DEVELOPMENT TO PROVIDE USES FOR A 2.25 ACRE TRACT ORIGINALLY DESIGNATED FOR 'FUTURE DEVELOPMENT'; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-02-03 by title and advised City Council not to discuss the item at length at this time due to the fact that it is quasi-judicial. He then briefly described the application, noted there had never been a concept plan approved for the property, and had advised that a concept plan needs to be adopted. MOTION by Majcher/Coniglio "1 move to hold a first reading for Ordinance No. 0-02-03 and schedule a quasi- judicial public hearing for January 23, 2002." ROLL CALL: Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED 5-0 17. Being no further items, Mayor Barnes adjourned the Regular Meeting at 8:56 p.m. Approved at the :~anua~:¥ 23z:d. ,2002 Regular City Council Meeting. Walter Barnes Sally A., IV~io, CMC City CleA HOM£ OF PELICAN [$~ND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (561) 589-5330 · FAX (561) 589-5570 January 9, 2002 Congressman David J. Weldon 2725 Judge Fran Jamieson Way, Bldg. C Melbourne, FL 32940 Honorable Congressman Weldon, SUBJECT: SEBASTIAN MUNICIPAL AIRPOR..T.. (Runway 9-27) The purpose of this letter is to solicit your assistance and support in our efforts to reactivate Runway 9-27 at Sebastian Municipal Airport. This action will allow for an increase in the safety of airport operations as well as provide for the commumty compatibility and economic growth needed to ensure the quality of life for our residents and sm-rounding neighborhoods. In the late 1980s and early 1990s Sebastian Municipal Airport experienced an enormous anaount of friction between its operations and the residents who lived in close proximity to the airport. During that time, the City of Sebastian attempted a number of remedies in an effort to satisfy the communities affected by airport operations, Unfortunately these attempts resulted in negative impacts to the airport and even came close to violating some Federal assurances. The Federal Aviation Administration (FAA) became heavily involved in the disputes and eventually required the City of Sebastian to initiate a Community Compatibly Study to find a solution that was in the best interest of both the airport and the public. The result of that study was something extraordinary: to close the runway that caused most of the safety and overflight concerns (Runway 13-31) and reactivate the old east-west runway (Runway 9-27), which would sig~ificantly lessen the impact to the community. According to this plan, aircraft using the new runway, 9-27, would no longer be arriving and departing over the densely populated residential areas, which include elementary schools, churches, and other places of public congregation. Additionally, this new configuration of the airfield would more than triple the amount of developable land. This is indeed a rare situati, on whereas both the citizens and the airport emerge with great benefit. As was mentioned above, this plan was fmalized nearly a decade ago. Unfortunately, due to financial constraints, the airport's configuration has remained the same and Runway 9-27 remains closed, In the early part of 2000, the City of Sebastian commissioned a new study to update and reevaluate the principles outlined in the previous plan with the specific purpose of seeking a more economical and practical solution to the still-existing community concerns. The study began with the mindset that many airports suffer from residential encroachment and altering the runways was in no way a financially practical solution. Currently, and nearly two years later, our new Airport Master Plan is near completion. This was an extremely detailed and thorough processes which yielded many revelations. Despite our efforts to seek a cost-effective alternative, the benefits of reactivating Runway 9-27 were haunting. No "An Equal Opportunity Employer" Celebrating Our 75th Anniversary SEBASTIAN MUNICIPAL AIRPORT (Runway 9-27) January 9, 2002 Page 2 other option could approach the numerous advantages supplied by that one selection. Our goals of safety, community compatibility, and economic growth were all best reached by reaffirming the principles of the previous study: the reactivation of Runway 9-27 is absolutely necessa~Tfor the safety and compatibility of our community. It is with this realization that we ask your assistance. We intend to solicit Airport Improvement Program (AIP) funding from the FAA early this year. Because Sebastian Municipal Airport is not a commercial service airport, it is often difficult to obtain Federal money beyond our entitlements (our entitlement money will not suffice in this case). This condition, coupled with the increased spending in security as a result o£ September 11th, could mean that our efforts will be wasted once again. It is indisputably clear that increased security measures are of highest priority and even we have taken actions to reflect this. However, it must also be recognized that diverting flight tracks from schools and residential areas is far more important than it has ever been. Only with the appropriate Federal assistance, can we overcome the financial barrier to our community's safety mhd welfare. Three diagrams have been attached to this document to present a graphic depiction of the benefits of reactivating Runway 9-27. Please do not hesitate to contact Airport Manager, Jason Milewslci, at (561) 581-0111 should you need further information or decide to support this worthy endeavor in any manner. Once agah~, this can only become a reality with your assistance. The well being of citizens in the City of Sebastian and the residents of North Indian River County are patiently dependent on your actions. Together, we can make this happen. Sincerely, Walter Barnes Mayor CC-' Honorable City Council Terrence Moore, City Manager Jason Milewslci, Airport Manager Eno. (3) C:\My DocumentskAirport\Political Supping\Sebastian Municipal Airport (Runway 9-27).doe Exhibit 1 -m SAFETY CONCERNS CAUSED BY RUNWAY 13-31 ~iver Cnunly P 'i ¢o,,,, ...... ,.' Exhibit 2 FLIGHT T~CKS OF RUNWAY t3-3i .(To Be Closed) E~unoO FLIGHT TRACK OF RUNWAY 9-27 (To Be Opened) Exhibit 3 -- © ©