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HomeMy WebLinkAbout04102002HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 10, 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. Vice-Mayor Hill called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Father John Morrissey of St. Sebastian Catholic Church gave the invocation. ROLL CALL City Council Present: Vice-Mayor James Hill Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. Ray Coniglio City Council Absent: Mayor Walter Barnes (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Engineering Assistant, Burr Jones Parks Supervisor, Chris McCarthy Regular City Council Meeting April 10, 2002 Page Two 02.072 02.073 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a majodty vote of City Council members (R-99-21) The City Manager requested removal of consent agenda item B for further information. There was no objection. PROCLAMATIONS, ANNOU...N .CEMENTS AND/OR PRESENTATIONS A. Arbor Day Proclamation Vice-Mayor Hill read the proclamation and stated it would be presented at the Arbor Day celebration on April 20, 2002. CITY ATTORNEY MATTERS A. Authorize Travel to Attend Annual Local Government Law Section Seminar & Review 02.055 May 9;..1..1, 2002, in Saras.ota The City Attorney clarified the McVicar code enforcement matter as reported in the Press Journal. He explained the enforcement fining process and timetable. MOTION by Majcher/Barczyk "1 make a motion to authorize travel to attend annual local government law seminar in Sarasota." ROLL CALL: Mayor Barnes - absent Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 4-0 8. CITY MANAGER MATTERS A. Partnership with Finlay Properties The City Manager reported on discussions with Indian River County relative to their decision to submit a letter on behalf of Finlay Properties to provide utility fee waivers rather than submit the form required by the Florida Housing Finance Agency. He said it was not his recommendation to ask the City Council to provide the whole $75,000 and that the project will then be on hold. Adrina Davis, objected to the City Council providing the full amount. Regular City Council Meeting April 10, 2002 Page Three 9. CITY CLERK MATTERS The City Clerk stated that staff is working to develop a new city website and asked for input from City Council and citizens on what they would like to see included on the site. 10. CITY COUNCIL MATTERS A. Mayor Barnes · Absent. B. Mr. Barcz. yk · Asked for a status report on the committee on water expansion, and the City Attorney responded that he would try to get them back together again. He stated that the committee was mainly looking at whether the City was being treated the same as other municipalities. · Reported that most of the median plantings on Schumann are dead and requested better maintenance. C. Mr. Hill · Congratulated everyone involved in Relay for Life. D. Mr. Majcher · Asked the Airport Manager if Skydive was following FAA guidelines as far as drop zones because they have had an increase in business. The Airport Manager stated Skydive did have an Easter weekend event and to his knowledge they have been following FAA rules but if someone observed otherwise he asked that they contact the FAA or himself. E. Mr. Coniglio · Also congratulated the City's Relay for Life team. · Stated the Hardee grandchildren are concerned that the Hardee tree is dying. The City Manager reported that it was struck by lightning last fall and he has had Dan Culbert, the County Extension Agent, look at it last January. Mr. Culbert advised to see if Spring brought new growth and to put down heavy fertilizer. 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 a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 3/27/2002 Regular Meeting Regular City Council Meeting April 10, 2002 Page Four 02.074 B. O2.075 C. Authorize the March of Dimes WalkAmerica 2002 Park Event at Riverview Park on April 20, 2002 from 7:30 am to 10:00 am and authorize the closing of Indian River Drive from Harrison Street North to Davis Street on April 20, 2002 from 8:00 am until 10:00 am (Parks Transmittal 4/1/02, Letter) Authorize Councilmember Coniglio's Attendance to the 2002 Institute for Elected Municipal Officials in Orlando, Florida on June 7-9, 2002 (City Clerk Transmittal 4/3/02, Conference Info) 02.076 D. Authorize Disposal of Four 1998 Howard Price Mowers via April 13, 2002 Auction (Finance Transmittal 4/3/02) MOTION by Coniglio/Barczyk "1 make a motion that we approve on consent agenda, item A, C & D ." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - absent MOTION CARRIED 4-0 Item B - WalkAmerica The City Manager recommended that City Council authorize the walk but not the closing of the full stretch of Indian River Drive and stated that staff would work with them. MOTION by Barczyk/Majcher "Move to approve item B with changes as Mr. Moore stated." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - absent Mr. Hill - aye MOTION CARRIED 4-0 12. PUBLIC HEARING 02.062 A. Pub c Hearing Ordinance No. O-02-08 Florida Building Codes (City Attorney Tmnsm tta 3/21/02, 0-02-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 26 PURSUANT TO STATE MANDATED ADOPTION OF FLORIDA BUILDING CODE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE, 4 Regular City Council Meeting April 10, 2002 Page Five Vice-Mayor Hill opened the public hearing at 7:28 p.m. and the City Attorney read Ordinance No. 0-02-08 by title. The City Attorney stated the Florida Legislature has mandated this change to provide for uniformity. There being no input, Vice Mayor closed the public hearing. MOTION by Barczyk/Majcher "Move to adopt Resolution No. 0-02-08." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - absent Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 4-0 02.052 Public Hearing Ordinance No. O-02-06 Tree and Landscape Advisory Board (City Attorne~y Transmi..tt.a..! 3/1/02, 0-02-06, P & Z Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-3-14.17 TREE AND LANDSCAPE ADVISORY BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Hill opened the public hearing at 7:31 p.m. and the City Attorney read the ordinance by title. He then briefly stated that to encourage more people to apply, language should have been stricken from the final draft as follows: "As far as practical, the membership should be composed of one building contractor or realtor, one landscape contractor, subcontractor, or maintenance personnel, one landscape consultant, designer or architect, and two concerned citizens. The alternate members shall be, as far as practical, one landscape professional and one concerned citizen." MOTION by MajchedConiglio "Move to pass Ordinance No. O-02-06." ROLL CALL: Mayor Barnes - absent Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 4-0 Regular City Council Meeting April 10, 2002 Page Six 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 Adrina Davis began to discuss New Business item E, but was advised to come back up during that item. Sal Neglia submitted photographs of various areas of town which he said depicted code violations and suggested the City needs more code enforcement. Two areas he mentioned were parking at the Chamber of Commerce building and sand blowing into houses near Powerline Road. The City Manager said volunteers at the Historical Society are allowed to park behind the Chamber when loading or unloading, and large equipment using Powerline Road has to be addressed with Indian River County since it is a county thoroughfare. Tut Connelly suggested red mulch for Schumann Drive medians. 14. COMMITTEE REPORTS/RECOMMENDATIONS 02.068 Budeet Review Advisory Board Appointments (City Clerk Transmittal 4/1/0...2, Application~ Board Member List) Mayor Barnes and Vice-Mayor Hill to Name Appointees for 2 Year Term to 3/2004 The Clerk noted that Mayor Barnes had advised her that he wished to reappoint Larry Napier as his representative. Mr. Hill appointed Lee Weeks to be his representative. ii. Councilmember Coniglio to Name Appointee for 1 Year Term to 3/2003 Mr. Coniglio appointed Lee Griffin. III. Interview and Appoint Two At-Lar.qe Members for 1 Year Term to 3/2003 City Council interviewed Richard Smith and Charles Cardinale. MOTION by Coniglio/Barczyk "I'd like to make a motion that we appoint Mr. Richard S, Smith and Mr. Charles David Cardinale to the budget committee review." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - absent Mr. Hill - aye MOTION CARRIED 4-0 Regular City Council Meeting April 10, 2002 Page Seven Vice-Mayor Hill reported that at today's MPO meeting, the School Board did not vote for the apportionment plan in effort to penalize Vero Beach for prohibiting a voting School Board member on the MPO. He stated this was ineffectual because the apportionment plan would still pass and the City will still have an additional member on the MPO, 15. OLD BUSINESS - None 16. NEW BUSINESS 02.060 A. Approve the Audit Services Source Selection Panel and Adoption of the Rank n.q Procedures (Finance Transmittal 4/2/0.2, R-97-28, Evaluation Procedures, T. ime Table for RFP Process) The City Manager briefly reiterated staff recommendation to involve Council in choosing audit services. MOTION by Coniglio/Majcher "1 move that we appoint Councilman Joe Barczyk to serve as the City Council's liaison to the Panel." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - absent Mr. Hill - aye Mr. Barczyk ~ aye MOTION CARRIED 4-0 MOTION by Majcher/Coniglio "1 would move to accept the recommendation with recommended Audit Services Source Selection Panel." ROLL CALL: Mr. Majcher - aye Mayor Barnes - absent Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye MOTION CARRIED 4-0 MOTION by Majcher/Coniglio "And I would make a motion to accept the evaluation procedures for selection of the City's Auditors." Regular City Council Meeting April 10, 2002 Page Eight ROLL CALL: Mayor Barnes Mr. Hill Mr. Barczyk Mr. Coniglio Mr. Majcher - absent - aye - aye - aye - aye MOTION CARRIED 4-0 02.077 Authorize Bid Award to BK Maintenance Services of West Melbourne for $49,578.66 for Mowing Services at Park....A...reas, Collector Road .Right of Ways and Other Roa..d..right of Ways According to Bid Specifications (Parks Transmittal 413102, Bid Tabulation Form) The Parks Supervisor described the areas that will be maintained by BK Maintenance Services. He said two city personnel will be freed up to work with drainage crews. The City Manager said the contract can be brought back on April 24, 2002 for City Council review if they wish. Adrina Davis objected to giving contracts to people outside the City and suggested getting another bid. Baxter Coston asked how City Council can award a bid with such an unrealistic spread between bidders without looking into it further. Mr. Coniglio said City Councilmembers do ask questions of staff prior to these Wednesday night meetings. MOTION by Coniglio/Majcher "I'd like to take staff's recommendation and move to award bid for mowing services for park areas, collector road right of ways and other road right of ways according to the bid specifications to BK Maintenance Services of West Melbourne, Florida for $49,578.66 per year." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - absent Mr. Hill - aye MOTION CARRIED 4-0 02.078 Authorize Work Order #3 to Sebastian Boulevard Cold in Place Recycling in the Amount of $9,603.00 for Road Resurfacing of Sebastian Boulevard (Engineering Transmittal 4/2/02, Work Authorization) The City Manager said funding for this project will be from the Riverfront Development fund and provide for a brand new street. Regular City Council Meeting April 10, 2002 Page Nine MOTION by Majcher/Coniglio "Move to authorize the work order number three in the amount of $9,603 for Sebastian Boulevard Cold In Place Recycling in accordance with the approved master contract price and appropriate same from the Riverfront Redevelopment Fund." 02.079 02.080 ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - absent Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 4-0 Authorize Agreement in the Amount of $7,200.00 Between LPA inc. (Boyle & D.r.ake, !nc.) and the City of Sebastian to Conduct Market Appraisals for J & S Aviation, Inc. Facility and Velocity, Inc.'s Facility (Airport Trans .m. ittal 4/402, Proposal) The City Manager revised the recommendation to approve the agreement between LPA Group and the City of Sebastian, and advised that LPA will subcontract with Boyle and Drake, Inc. The Airport Director advised that the LPA Group doesn't have an appraisal company, therefore, they will subcontract with Boyle & Drake, Inc. He advised that in order to obtain FAA funding, FAA requires this appraisal. MOTION by Coniglio/Barczyk "1 move to approve the agreement between LPA Group and the City of Sebastian to conduct a market appraisal for J & S Aviation, Inc. located at 299 Airport Drive East and Velocity, Inc.'s facility located at 100 Airport Drive West in the amount of $7,200.00." ROLL CALL: Mr. Majcher - aye Mayor Barnes - absent Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye MOTION CARRIED 4-0 Resolution No. R-02-16 - Change of Law for Land Development Regulations in the Eastern Portion of the Sebastian Boulevard Corridor (City Attorney Transm...i.ff..al 4/4/02, R-02-16.). a RESOLUTION OF THE CITY Of SEBASTIAN, FLORIDA, DECLARING AN IMPENDING CHANGE OF LAW FOR LAND DEVELOPMENT REGULATIONS IN THE EASTERN PORTION OF THE SEBASTIAN BOULEVARD CORRIDOR; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 9 Regular City Council Meeting April 10, 2002 Page Ten The City Attorney read the resolution title, The City Attorney advised that staff has been working on improvements to CR512 as a result of the CR512 Charrette process, and were recommending that it would be wise to stop development in the triangle temporarily while staff reviews proposed changes. Kathleen Adamson, part owner of two carwashes in Sebastian, who proposed to establish a car wash, convenience store and oil change facility on the subject site, addressed City Council. The City Attorney advised that the city will develop a twenty to thirty year plan for what it wants to see in that area and the area will be seen as a downtown center. He advised that some of the proposed uses might already be prohibited by existing regulations and that the uses in question would either be conditional or special use. He said there is no application pending at this time, and that the Charrette has been in place for some time. Ron Adamson, car wash owner, said there was very little property left that is undeveloped in that triangle. He noted that the new metal city compound building was built since the Charrette was approved, that he was told by two staff members in the past that he could not build a car wash on CR512. He distributed a photo of what he was proposing to build on the site. Richard Lambert, current owner of the subject property, said that no one has ever contacted him regarding the use of his property as the focal point of a downtown triangle, that the property is zoned for a convenience store. He then read the City Attorney's transmittal for the record and cited the manner in which other agencies measure the distance between establishments which sell alcoholic beverages and schools, and said the City is taking away his property rights. He said he did not own the point and suggested perhaps the City could buy that property. He said if he is backed into a corner he will sue the City. Pat Lambert, said she and her husband want to sell the property and retire in the time they have left. The City Attorney said he was talking about a six month period to come up with a plan for the district and the City had the support of the Treasure Coast Regional Planning Council. MOTION by Coniglio/Hill "1 move that we adopt Resolution No. R-02-16." ]0 Regular City Council Meeting April 10, 2002 Page Eleven ROLL CALL: Mayor Barnes Mr. Hill Mr. Barczyk Mr. Coniglio Mr. Majcher - absent - aye - nay - aye - aye MOTION CARRIED 3-1 17. Being no further business, Vice-Mayor Hill adjourned the meeting at 9:00 p.m. Approved at the April 24th, 2002 Regular City Council Meeting. Walt~r Barnes Mayor Sally A. rv~io: CMC' City Clerk 1]