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HomeMy WebLinkAbout10081997a City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP AGENDA WEDNESDAY, OCTOBER 15, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Workshop, unless approved by consensus of City Council at the beginning of the Workshop. Substantive decisions may not be made at Workshops (in accordance with R-97-21). 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. WORKSHOP ITEMS 97.229 A. Review Proposed Comprehensive Land Use Plan Amendments (Backup Previously Distributed) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETiNG (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTEi4ONY AND EVIDENCE UPON WItlCH THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN CO34PLIANCE WITH THE AMFJ~CANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOJdMODATION FOR THIS J4EETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in Council Chambers for all Government Meetings. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, OCTOBER 15, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Vice Mayor Taracka called thc workshop to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL Ciw Council Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan City Council Absent: Mayor Walter Barnes (excused) Staff Present: City Manager, Thomas Frame Director of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio 61~0 Present: Tom Tempia, Solin & Associates City Council Workshop October 15, 1997 Page Two 4. WORKSHOP ITEMS 97.229 l~¢vi~;w Propos~ Comprehensive L~d Usc Plan (CLUP) Amcncl~ents ~ackup Previo~ly Distribute~ The Director of Community Development suggested order of business as follows: 1) comments from Mr. Taracka, Mr. Paul and Mrs. Cartwright; 2) review current and proposed land use maps; and 3) an overview of alternatives for the Riverfront District which hc had distributed at thc beginning of the workshop. He suggested that Council review the Rivcrfront material and address it at thc November 12, 1997 workshop. Mrs. Cartwright inquired about Schumann and Indian River Drive being listed as County Collectors. Mr. Tempia and the Director of Community Development said they would review this and make any necessary changes. Mrs. Cartwright recommended thc addition of streets such as Pcriwinkle, Rolling Hill, Tulip and Carnation in the list of City Collectors, however, Mr. Tempia explained the definition of a collector as going from arterial to arterial. The Director of Community Development suggested those streets be listed as Significant Local Streets. Vice Mayor Taracka reviewed the proposed CLUP amendments and expressed concern for keeping public/private partnerships to a minimum and including some residential in the downtown area. Changes made as a result of his input wcrc as follows: Policy 1-1.2.4. - insert word "residents" before "Chamber of Commerce" Policy 1-2.2.2 - delete "Tourist oriented markets in the immediate vicinity" Discussion took place on whether or not to include the portion of the Indian River that is within the city limits in the Riverfront District. Policy 1-3.6.3. - change to "conserve and protect" The Director of Community Development distributed revised pages 14, 27 and 28. Discussion took place on meeting very low income housing standards and aquifer recharge areas. TAPE I - SIDE II (8:47 p.m.) Policy 4-4.1.1 - insert "surficial" before "aquifer" in title Discussion took place on the termination of sandmining operations by 2010. The Director of Community Development said he would prepare a map referred to as B-5 m policy 44.1.1. which highlights specific soil areas for the next meeting and in response to Vice Mayor Taracka, said he would contact St. Johns to fred out if the current sandmining permit scheduled to expire in 2002 can be extended. 2 City Cour~il Workshop October 15, 1997 Page Four Mrs. Cartwright requested a report from the City Attorney for the November 5, 1997 regular meeting regarding imposing a moratorium. The City Manager said he would ask her to include information on pending legislation also. She also requested that staff obtain sample ordinances from Municipal Code and/or other sources. Mr. Paul suggested that the item be placaxl on the next agenda, however, Mrs. Cartwright advised that the attorney would not have time to prepare her report. TAPE II - SIDE II (9:30 p.m.) Discussion took place on pending development on U.S. Harry Thomas, 654 Balboa, suggested Council give guidance to staffon this issue so that staff could advise Planning and Zoning. Vice Mayor Taracka adjourned the workshop at 9:35 p.m. Approved at the (~ Meeting. ,1997, Regular City Council Kathryn~I. O'Halloran, CMC/AAE .. City Clerk Walter W. Barnes Mayor 4 egular City Council Meeting ctober 8, 1997 "'"Page Six 97.233 F. l~solution No. R-97-66 - P0rking Restriction - Sebastia~ yacht Club Parking Lot - Re$Ixicting Parking in I)esi~oted Spaces to Yehicle with Attached Boat Trailer in response to Mr. Paul and Mrs. Cartwri~t, the Chief of Police said properly certified volunteers can write parking tickets; said the area will be patrolled as much as possible; and that the ticket price will be $5 or $10. Mrs. Cartwright said she was concerned for people who rent the Yacht Club and will not be able to use the parking lot. Mayor Barnes suggested passing the resolution but instructing staff to look at the lots for possible reconfigurafion. TAPE I - SIDE II (7:47 p.m.) Mr. Paul suggested that half the spaces on the south side be shortened to car spaces. The City Manager suggested staffbe directed to come back with more information. MOTION by Cartwright/Paul I move to delay the adoption of Resolution 9%66. ROLL CALL: Mrs. Sullivan - nay Mr. Barnes - nay Mr. Taracka - absent Mrs. Cartwfight - aye Mr. Paul - aye MOTION TIED 2-2 (NO VOTE) 97.234 G. Resolution No. R-97-67 - Prohibitingl~0rking on indian River Drive Right-of-Way East of 13a~t 13dge of Pavement L~dng 13etween Harrison Street 0ad Fellsmere Road in response to Mrs. Sullivan, the City Manager said this restriction did not include Cavcorp. MOTION by Sullivan/Cartwright I would move adoption of Resolution R-97-67. ROLL CALL: Mr. Barnes - aye Mr. Taracka - absent Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 4-0 6 ?Regular City Council Meeting ctober 8, 1997 Page Seven 97.235 H. 97.236 I. Resolution No. R-97-68 - Prohibititlg Parl~ing on Indian River Drive Kig3t-of-W~ West of West E~e of Pavement Lying Between Southerly City Limits and Northerly City Limil~ Cindy Dierkes, Taste-O-Philly, expressed concern regarding parking for her business and said she'd been told parking on her property was grandfathered when she opened. The City Manager said if this was going to present a problem, Council could delete this portion of Indian River Drive fight-of-way or delay adoption of this resolution so he can bring back additional information. Mrs. Sullivan said she thought the regulating ordinance allowed site specific restrictions and asked where the fight-of-way line was located. MOTION by Sullivan/Cartwfight i would move that we refer this to Mr. Frame for a report and recommendation. ROLL CALL: Mr. Taraeka - absent Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 4-0 Resolution No. R-~7-69 - RestricIjslg Parking for Unattended Vehicles East of hldian River Drive and West of Indian River Lagoon Between Fellsmere Road and Coolidge Street - 30 Minutes Mr. Paul said he had received calls about the restriction and objected to it being imposed. Mrs. Sullivan expressed concern that restaurant patrons were using the lot and agreed with the thirty minute limit for unattended vehicles. The City Manager said staff could start monitoring the area. Mrs. Cartwright noted that the area will soon be under construction for the pier and sidewalk. MOTION by Paul/Sullivan I move to delay this Resolution No. R-97-69 until Mr, Frame has time to go ahead and thoroughly investigate. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - absent MOTION CARRIED 4-0 ~Re~t~berar City Council Meeting 8, 1997 ' I~Pa igc Eight 97.239 M. 97.207 10. 11. 12. Andrea Scarpa - Sebastian River High School B~d - Request for Use of Riverview Park for Barbegoe Dinner Fundrai~r - ! 1/9/97 - 11 am to 4 gm- Electricity - CgrI~jO0Z in Effect at Time of Mr. Paul suggested the High School band be requested to play in next year's parade. MOTION by Paul/Cartwright I move that we accept consent agenda item M. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - absent Mrs. Camvfight - aye MOTION CARRIED 4-0 pUBLIC HEARING - None INTRODUj~IQN OF NEW BUSINESS FROM THE PI~LIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Bud Clark and Debbie Roumelis, Clark Roumelis and Associates, presented information relative to a proposed assisted living facility to be located in the City. (see attached) Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at 8:35 p.m. All members present at roll call were present when the meeting reconvened. COMMITTEE REPORTS/I~COMMENDATIONS A. Code Enforcement Board Interview and Appoint tq Uoey, pired Regular Member Po~iti01a - Term to Expire 3/1/98 (Community I)gy~lopment Transmittal 1011/97, ApRlicatiort, Minutes) City Council interviewed Joseph Flescher, 279 Joy Haven Drive. Mr. Flescher said he would begin attendance at the police academy and would probably have to be absent from some meetings during that time. MOTION by Sullivan/Cartwright I would move appointment of Mr. Flescher for the regular member position term to expire 3/1/98. 8 ~Regular City Council Meeting l~Dctober 8, 1997 Page Nine ROLL CALL: Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Canwright Mr. Paul - aye - aye - absent - aye - aye MOTION CARRIED 4-0 97.241 B. police O~ers gvtir~ment System Board of Trustees ~te/xi~. ~d Appoint Two Members (City Clerk Transmittal, See. 58-51, Committe~ List. Three ,a, pplicatio~) City Council interviewed Kathleen Brauer, 489 Memorial Avenue. Mrs. Waldis and Mr. Solgott were not in attendance. MOTION by Cartwright/Sullivan I move to reappoint Marilyn Waldis to the Police Officers Board of Trustees. ROLL CALL: Mr. Barnes - aye Mr. Taracka - absent Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 4-0 MOTION by Cartwright/Paul I move to appoint Kathy Brauer to the Police Officers Board of Trustees. ROLL CALL: Mr. Taraeka - absent Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - nay MOTION CARRIED 3-1 (Barnes - nay) 9 ARcgular City Council Meeting tober 8, 1997 t~Pa~ge Ten 13. ~)LP BUSINESS 97.174 A. George Street Speed/Traffic Stucly ~ogine~ring Transmittal 10/1/97, City Engiaeer Memo) MOTION by Cartwright/Sullivan I move to approve the additional 90 days for the City's Engineering crew to collect data and research for possible traffic calming alternatives for George Street. ROLL CALL: Mrs. Camvright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - absent MOTION CARRIED 4-0 14. NEW BUSINESS 97.242 Adopt Resolution No. R-~7-64 - Approving the Contra~;t ~5~tween the City of Sebastian ~d Communications Worker.q of America (Human Resource.q Director Transmittal 10/2/97.. R-.97-64. CWA Collectiv.~ t~argaining Agreement and C_orgract Extension Agreement - Pr~yiously Distributed) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYINO A CONTRACT BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATIONS WORKERS OF AMERICA FOR THE PERIOD FROM OCTOBER 1, 1997 THROUOH AND INCLUDING SEPTEMBER 30, 1998; PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDINO FOR SEVERABILITY; AND PROVIDINO FOR AN EffECTIVE DATE. The City Clerk read Resolution No. R-97-64 by title. TAPE II - SIDE I (8:42 p.m.) The City Manager briefly explained the provisions of the contract and recommended approval and Kenny Schmitt, CWA representative, said the contract had been ratified by the union. MOTION by Sullivan/Paul I would move approval of Resolution R-97-64 approving the contract between the City of Sebastian and Communications Workers of America. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - absent Mrs. Cartwright - aye MOTION CARRIED 4-0 10 ,~,Regular City Council Meeting ctober 8, 1997 t~Page Eleven 97.243 B. Approve Propose~ Agreement - Expansion Plans of Eagles Nest RestaRr~t (-CitY Manager Transmittal 10/3/97; Proposed A~'eemellK]~rog0sed Expansion Plans Attached) Mrs. Cartwright declared a voting conflict and said she would abstain. (see form attached) Following a brief explanation of the proposed renovation by the City Manager; a timetable by Mr. Fink; and suggestion by Mrs. Sullivan that protective language be put in place so that if the City has to terminate the agreement, the City would not be required to reimburse for the construction under all circumstances; and Mrs. Sullivan and Mayor Barnes pointing out typos, motion was made. Discussion took place on various provisions of the agreement. The City Manager requested authority to add the proper language relative to insurance and protective language for the City relative to termination. MOTION by Sullivan/Paul I move approval of the proposed agreement with the amendments as stated and giving the City Manager the authority to meet with the insurance company and the City Attorney to work out the language for the necessary insurance and to be signed by the City Manager. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - absent Mrs. Cartwright - abstained Mr. Paul - aye MOTION CARRIED 3-0 97.244 C. Adopt Re~olotion NO, R-97-70 - Adopting a Strategic Plan for the Ci~v 0f S~l~oztian (City Manager ~;~mittal 10/2/97; Resolution R-97-70; Exhibit "A"] A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A STRATEGIC PLAN FOR THE CITY OF SEBASTIAN, PROVIDING FOR THE ESTABLISHMENT OF STRATEGIC POLICY; PROVIDING FOR Cfi)ALS AND STRATEGIES; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager gave a brief presentation. Mrs. Sullivan recommended that this plan be adopted and added to the Comprehensive plan. She read and distributed a priority list she had prepared and asked that it be added as an exhibit to the plan. (see attached) Mrs. Cat~aight said she did not feel City Council had a right to change the report that was submitted by the committee. TAPE ii - SIDE II (9:33 p.m.) 11 pR~gular City Council Meeting ctober 8, 1997 ge Twelve A lengthy discussion took place on whether or not Mrs. Sullivan's priority list should be included with the plan. The Director of Community Development said the Strategic plan could be added to Data, Inventory and Analysis of the Comprehensive Plan. Mrs. Cartwright suggested Mrs. Sullivan's list be added to the resolution but not to the plan. The City Clerk read Resolution No. R-97-70 by title only. Mrs. Sullivan made a motion at this time, however, the City Manager suggested adding the priority list as exhibit B to the resolution and to amend the resolution to add the following language to Section 1, "and accepts 'Exhibit B' as a list of voted concerns by the participants". MOTION by Sullivan/Cartwright I move approval of Resolution R-97-70 as amended to include Exhibit B. ROLL CALL: Mr. Barnes - aye Mr. Taracka - absent Mrs. Cartwright - aye Mr. Paul - nay Mrs. Sullivan - aye MOTION CARRIED 3.1 (Paul - nay) 15. CITY COUNCIL MATTERS A. Mrs. Louise Cartwright Mrs. Cartwright explained her masons for abstaining on the Eagles Nest vote were that her employer insures the business; and inquired whether drainage work being done around the City is in accordance with the stormwater master plan. B. Mr. Larry Paul Mr. Paul requested that citizens who were at the meeting to speak on George Street do so at this time. Bob Ashcroft, George Street, said it was not right to wait another 90 days to deal with George Street problems and Ellie Roberts, George Street, suggested staff talk to people on George Street. Mr. Paul said he had heard coneems from people who use Hardee Park about grass cuttings on the trail and asked if there will be catchers on the new mowers, to which the City Manager responded it will have to be blown away; and asked about the procedure for increasing terms to four years for Council members. 12 ¢gular City Council Meeting ctober 8, 1997 Page Thirteen 16. C. Mrs. Ruth Mrs. Sullivan said she had received a letter from a resident on 1342 Starboard Street regarding drainage problems and referred it to the City Manager; and commended the City Clerk for attaining her third sustaining membership in the advanced degree from the International Institute of Municipal Clerks. D. Mayor Walter Barnes Mayor Barnes also commended the City Clerk; suggested thc City Attorney draf~ a resolution opposing a new mandate requiring additional attorneys in capital cases; suggested drafting a letter to Sebastian River High School to ask the band to play in the parade; and inquired about an ordinance to hold contractors responsible for right-of-way damage. E. Vice Mayor Richard Taracka - Absent Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:20 p.m. ~/l~lllbl~proved at the (~~ .~- City Clerk ,1997, Regular City Council Meeting. Mayor 13 ,. FORM 8B MEMORANDUM OF-VOTING CONFLICT FOR COUNTY, MUNICIPAL' AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRSI' NAMI'!.--MII)DI.E NAME MAILING A I}ORI'"SS CITY COIJ N'f'Y NAME OF BOARD, COUNCIl_, COMMISSION, AUTHORrI'Y, OR COMMITTEE THE BOARD, COUNCIl,, C()MMISSIO~, AUTHORITY, OR COMMITTEE ON WHIC]-I I SERVE IS A UNIT i COUN'rY i I OTHER LOCAL AGENCY NAME OF I::'OLrI'ICAL SUBDIVISION: MY POSITION iS: ~t ELECTIVE ' , APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non;advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION pRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. * A copy of the form should be provided immediately to the other members of the .agency. * The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. ('1 I.¢IRM 8B 10-86 PAGE 1 II1! II IIIIII IIIII I IIII IIIII II I IIII IIIIIIII I III Im~ ~ a~ III IIlll PROPOSED ASSISTED LIVING FACILITY TO BE LOCATED IN SEBASTIAN, FLORIDA CRA Care Centers, Inc. proposes to construct an assisted living facility (ALF) in Sebastian, Florida. The preliminary plans for the facility include: $ 50 - 60 units, $ Care levels from relatively independent to extended care, which involves skilled nursing (as allowed in properly licensed ALFs, but not the level provided in a skilled nursing facility), Dementia care (Alzheimer's and other types) in a separate, secured, specially designed part of the building, $ Competitive rates, Continued ownership and management by CRA Care Centers, Inc., with concern for the long term reputation of the facility, not just a fast development deal. Benefits provided to the City of Sebastian will be: $ Care for loved ones within the community, making it easier to visit and check on their care, Over $2 million in building and site improvements (in addition to the land value, and not including furnishings and equipment) which will increase the local property tax revenues, $ Approximately 28 full time equivalent jobs, including some part time, will be established within one year of opening; a potential for additional jobs later. Training will be provided by CRA for many of the positions. There may also be temporary construction related jobs. Planned financing of the project involves: Up front investment of CRA funds, approximately $400,000. Additional funds borrowed from a private lender(s), approximately $2,000,000. $ A CDBG grant to the City of Sebastian, to be loaned to CRA, approximately $600,000. The CDBG Economic Development Grant will be issued to the City of Sebastian to be loaned to CRA Care Centers, Inc., for eligible uses including purchase of the land, building, or furnishings and equipment. The private lender will have a first mortgage on the property, and the City of Sebastian will have a second mortgage and security interest in furnishings and equipment purchased with CDBG funds. Clark, Roumelis and Associates, Inc., will prepare the grant application and provide grant administration services free of charge. Because of the conflict of interest between the two CRA companies, the City will have extensive oversight of the project, and all staff and audit costs can be paid from the grant according to state rules on grant administration charges. The loan will be repaid by CRA Care Centers, Inc., to the Florida Department of Community Affairs. 1933 Commonwealth Lane Tallahassee, Florida 32303 {850) 574-1574 FAX: (850) 574-1641 370 Whooping Loop, Suite I 190 Altamonte Springs, Florida 32701 {407) 339-3545 FAX: (407) 339-3462