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HomeMy WebLinkAbout05082002HOME OF PF.J.JCA~ I~LAJ~) SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 8, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. 2. 3. 4. The Mayor called the Regular City Council meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. The invocation was given by Dick McClain of the Alliance Community Church. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor James Hill Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. 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 City Engineer, David Fisher Finance Director, Mark Mason Growth Management Director, Tracy Hass Police Chief, James Davis Public Works Director, Terry Hill Regular City Council Meeting May 8, 2002 Page Two 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) None. 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 02.108 A. Presentation of Plaque to Emplo..yee of the Quarter - Debra Curry Mayor Barnes read and presented a plaque to Debra Curry, Police Department Administrative Assistant. 02,109 B. Proclamation - National Hospital Week Mayor Barnes read and presented the proclamation to Cathy Burke and Daisy Knowles from Sebastian River Medical Center. 02.096 C. Proclamation - Emergency Medical Services Week Mayor Barnes read and presented the proclamation to Cathy Burke and Daisy Knowles from Sebastian River Medical Center. 02.097 D. Presentation by Dr. Grant Gilmore Uniq..ue Species of Fish Dr. Gilmore, Harbor Branch Oceanographic Institute, gave a presentation on the unique species of fish in Sebastian coastal region, Indian River Lagoon and St. Sebastian River. 02.098 E. Florida Power and Li,qht Report :, .Electricity Infrastructure Expansion The City Manager discussed FPL's plans for expansion and concerns expressed by staff relative to installation and aesthetics of infrastructure; discussions that have taken place between City staff and FPL relative to options available; and introduced FPL representative Eddy Prieto. Mr. Prieto briefly demonstrated and described the City's electrical system; plans to install new feeders; the cost difference between overhead and underground lines. He stated that the cost difference for underground installation would have to be paid by the customer, and discussed another option to place overhead lines to the rear of the property which would require an alleyway for access and therefore, was not feasible. He further discussed an option to install taller poles which would be more aesthetically pleasing and could be placed further apart. 2 Regular City Council Meeting May 8, 2002 Page Three The City Engineer said after exploring five options, the alternative to install fewer and taller overhead poles along the front lines of Orange Avenue and Fleming Street seemed to be the best option. Sal Neglia inquired whether wooden poles would be a hazard during storms and was told they were not. ,Ann Brack inquired about the $100 per foot cost to the customer, and asked what size easement would be needed behind each house to accommodate rear installation. She was advised they would need approximately 25 feet but that the bigger issue was the existence of water in the rear easements. Ms. Brack said there was a very small culvert behind the Orange Street houses and there was no standing water. She was advised that the backyard lines will remain in place. Rachel Scott with FPL, said there are a lot of financing options available, unfortunately, FPL is not allowed to absorb the cost for special installations. William Creamer asked why FPL can't put everything underground. Ms. Scott said newer developments do install underground lines, however, Sebastian was originally designed with overhead lines. Richard Barton asked why the lines can't be run on CR512 instead. Ms. Scott said the problem was within another area where feeders and laterals are overloaded. Ed Wilson, Fleming Street, offered suggestions based on his experience with electrical installations in New York. TAPE I - SIDE II (8:00 p.m.) The City Attorney reminded City Council that it really has no regulatory authority under state law. Natalie Gravenbower, Fleming Street, said poles will hit her house during a hurricane. Mr. Majcher said it seemed ludicrous to provide that a pole withstand only 110 mph winds when a house must withstand 150 mph winds. A man said all the concrete poles shattered at the base during Hurricane Andrew. Mayor Barnes reiterated that this is not a City decision, and noted that FPL has worked with the City to accommodate resident concerns. Regular City Council Meeting May 8, 2002 Page Four 02.099 02.100 CITY ATTORNEY MATTERS The City Attorney said the Indian River County Commission voted to direct their staff not to object to the Kirrie land use to the Department of Community Affairs; requested approval to attend the Florida Municipal Attorney Association meeting in July; suggested a workshop on the CR512 charrette issue; and said there is an administrative action against Skydive Sebastian regarding their RV park which also names the City and that they are in violation of their lease due to late tax payment. It was the consensus of City Council to approve the City Attorney's attendance at the conference as requested. 8. CITY MANAGER MATTERS City Council authorized a contribution to the Sebastian River Middle School for its 8th grade dance by voice vote. A. Status of Schumann Drive Irri.qation System Bid Process The City Manager gave a brief report on the Schumann Drive irrigation bid process and said he will make a recommendation during the May 22nd regular meeting. B. Presentation by Anna Jackson - Historical Preservation Opportunities Anna Jackson gave a brief presentation on establishment of a historical district in the City, i.e., 1) adoption of a historic designation ordinance; 2) designation of a national register district along Palmetto and Louisiana; and/or 3) selection of a theme for the buildings designated historical. She said owners rights are protected, but in the presence of an ordinance, the City could establish architectural guidelines. Scheduling a workshop was discussed, and Mr. Hill suggested formation of a board to look into this matter. Mayor Barnes called recess at 8:35 p.m. and reconvened the meeting at 8:45 p.m. All members were present. 4 Regular City Council Meeting May 8, 2002 Page Five 02.101 C. 02.102 D. 10. Presentation by Paul Tischler and Director of Growth Mana.~ement, Tracv Hass - Fiscal Impact Analysis and Annexation Study (Growth Management Transmittal 4/3..0/02, Mr. Paul Tischler presented the fiscal impact analysis for residential and non-residential land uses in the City and responded to questions from City Council. The Growth Management Director outlined some of the enclave areas within and abutting City property that could be considered for annexation; and said discussions have been held with some of these property owners regarding voluntary annexation. He then responded to questions from Council. Barber Street Sports Complex Parkin,q Expansion Opportunities (City Mana,qer Transmitta!.5/2/02, Dr.awings,. Aerials) The City Manager reported on proposed plans for the tract adjacent to Barber Street Sports Complex for passive grass parking, and angled parking along Tulip. Byron Elsebough, favored a parking facility on the tract, but urged that the Police Department be asked to teach people how to park properly and to leave the parking lot clean after they use it. The City Manager said there were additional concepts within the southwest corner of the Barber Street Sports Complex for a shuffleboard and bocce court. It was the consensus of Council to proceed with the parking lot plans. CITY CLERK MATTERS The City Clerk reminded Council that it had a Board of Adjustment meeting on May 22, 2002 at 6:00 p.m. CITY COUNCIL MATTERS A. Mr. Hill None. B. Mr. M~cher Requested a clarification on Cokey who stated he lived on his boat at the last meeting, since the Land Development Code prohibits live aboards. The City Manager said he would look into it. Regular City Council Meeting May 8, 2002 Page Six 02.103 O2.104 11. Mr. Coniglio said he put a copy of an article about senior access and senior centers in Council's mailboxes and said he hoped this was something the City could look into. He stated that there is an area of sidewalk on Orange and Hibiscus that has a lot of stones which makes wheelchair transportation difficult. Mayor Barnes 1. Assi,qnment of Councilmembers to Attend Indian River County Commission Meetin_(~s June - Mr. Coniglio July - Mayor Barnes August - Mr. Barczyk September- Mr. Majcher October ~ Mr. Hill · Said that City Council members have asked for a summer meeting dress code. · Reported on his ride with Code Enforcement and noted there will be a workshop scheduled with staff and council regarding code enforcement. · Said he had received a complaint from a resident of Grace's Landing who stated that her rent has been increased. The City Manager said he would look into it. · Reported on the "bad dog" meeting he attended with the City Manager in Indian River County to discuss ways to alleviate some problems that have occurred recently, · Said he had been asked by boaters to put up a covered table on the north side of the Yacht Club to provide some shade. E. Mr. Barczyk None. CONSENT AGENDA All items on the consent agenda am considered routine and will be enacted by one motion. There will be no ~eparate 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 - 4/24/2002 Regular Meeting B. Renew Sod Contract with B & T Sod (Public Works Transmittal 4/18/02) Request by Joy Green to Use the Community Center for Graduation Party June 7th, 2002, 8-12 pm (City Clerk Transmittal 4/30/02, Application) Regular City Council Meeting May 8, 2002 Page Seven 02.106 D. Resolution No. R-02-20 - Vacation of Easement - Jackson (GMD Transmittal 5/2/02, R-02-20, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOTS 28 & 29, BLOCK 293, SEBASTIAN HIGHLANDS UNIT 11; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE, The City Attorney read Resolution No. R-02-20 by title. MOTION by Barczyk/Hill "Move to approve resolution A through D." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 12, PUBLIC HEARING 02.094 A. Quasi-Judicial Public. Hearing for Ordinance No. O-02-10 - Laurel Reserve pUD (GMD Transmittal 5/1/02, O-02-10, Map, P & Z Recommendation) (Quasi-judicial.hearing procedures on back of agenda) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR THE DAVIS PLANNED UNIT DEVELOPMENT LOCATED NORTHWEST OF SCHUMANN LAKE TO PROVIDE FOR 96 SINGLE-FAMILY DWELLINGS AND RENAMING AS LAUREL RESERVE PUD; PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE.. The City Attorney read Ordinance No. O-02-10 by title and the Mayor opened the public hearing at 9:30 p.m. The Growth Management Director presented staff's recommendation for approval and responded to questions from City Council. He said the developer had agreed to provide access to Fleming Street but that it does not actually show on the plan. Mr. Hill suggested this access be shown on the plan. Mr. Majcher and Mayor Barnes agreed with designation of the access. The City Clerk swore in all those who intended to offer testimony. Mrs. Marilyn Torborg, representing neighbors on DelMonte and Balboa, expressed concerns about increased traffic. The Growth Management Director said there will be no permanent access from the northwest area of the property. 7 Regular City Council Meeting May 8, 2002 Page Eight Sal Neglia asked how the construction access will be monitored. The Growth Management Director said there are several options available for this type of access. The City Attorney said the developer agreed to do a stabilized grass area for the construction access. Staff reiterated its recommendation with the stipulation as requested by Council tonight to include the access onto Fleming Street. The City Attorney recommended the motion to adopt include that it be conditioned on submittal of an amended rendering showing access to the north and that the ordinance will not be signed until that is done. MOTION by Majcher/Coniglio "Move to approve Ordinance No. O-02-10 conditioned on submittal of an amended rendering showing access to the north off Fleming." Deborah Robinson, applicant, said the reason that the access was not designated was because the subdivision will be developed in two phases and the portion in question is in the later phase. ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr, Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 TAPE II - SIDE II (9:48 p.m.) 02.080 B. 1st Public Hearing for Ordinance No. O-02-11 - Moratorium - 2nd Public Hearin,q Scheduled for 5/22/02 (City Manager ..Transmittal 5/2/02, O-02-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS AND ISSUANCE OF PERMITS FOR DEVELOPMENT OF PROPERTY LOCATED BETWEEN THE SEPARATED SEBASTIAN BOULEVARD RIGHT-OF-WAY; PROVIDING FOR EXCEPTIONS; SE'I-rING FORTH EXPIRATION; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE The City Attorney read Ordinance No. O-02-11 by title and the Mayor opened the public hearing at 9:50 p.m. Regular City Council Meeting May 8, 2002 Page Nine The Growth Management Director recommended approval of the moratorium to allow time for staff to address the proposed charrette plan as set out by Treasure Coast Regional Planning Council and directed by council for the triangle area within the CR 512 district. David Jamarr objected to imposition of the moratorium. He inquired whether City Council was financially prepared to carry out all aspects of the charrette process as it was approved as well as talking to other agencies for their approvals within six months. He urged that Council vote against the moratorium. Lois Work, president of the Realtors Association of Indian River County, objected to limitations on public property rights by imposition of this moratorium, and urged that workshops be scheduled. James Weber, Barber Street, Sebastian, owner of a rental business in the industrial area on High Street, said he did not understand how, if this has been planned for two years, the City built a metal building and zoned property industrial in the area within that time. Pat Lambert, co-owner of the subject property, said the charrette was presented on January 10, 2001, and that no other action had been taken since that time to implement it. She said notice should have been given if there was any activity to rezone. She suggested that the downtown area should be in the area of Main Street and US 1 and asked that the concept be readdressed. Ron Adamson, Sebastian, reiterated statements made by the City Attorney at the last meeting, "commercial properties will probably be turned loose from any restrictions within 6-8 weeks, as soon as we put in the land development regulations concerning that area, they are free because they are already propedy zoned and they already have the proper land use category in place." Mr. Adamson requested clarification on that statement. The City Attorney cited section one of the proposed ordinance which states".., for a period of six months from the effective date of this ordinance or until final adoption of new land development regulations applicable thereto, whichever occurs first." The City Attorney then reiterated as was discussed at the last meeting, there is no intention of residential plans within the fork and the zoning will be commercial, no parks, retail office space and upstairs apartments. He further explained that two thirds is currently zoned industrial or public service and to change that, it must go to Tallahassee but areas that have commercial parcels on them (the City Compound and west) would not have to go to Tallahassee. He stated that soon as new regulations with architectural style, setbacks and parking go into effect, that would not be in the moratorium and part of the time is the public hearing process to inform the public. Mr. Adamson continued stating that he doesn't understand how this can become a walking area if there are no parks planned and it lies between two one way roads. The City Manager said future use of the public works compound will be reevaluated in the future for relocation, and that staff is pursuing relocation to the airport with FDOT. Regular City Council Meeting May 8, 2002 Page Ten 13. Mayor Barnes closed the public hearing at 10:25 p.m. MOTION by Hill/Majcher "Move to pass Ordinance O-02-07 (should read O-02-11) on first hearing and set second public hearing for May 22, 2002, actually I may need to amend that, we probably want to put that off an additional two weeks, so that would be, what's the date of the meeting after the 22nd--I would amend that motion to 12th, June 12th, 2002." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio ~ aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 5-0 City Council scheduled a workshop on May 15, 2002 at 7 pm, MOTION by Majcher/Coniglio "1 make a motion to move to extend the meeting past 10:30." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 5-0 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 O2.O43 14, COMMITTEE REPORTS/RECOMMENDATIONS A. Tree and Landscape Advisory Board Interview, Unless Waived and Appoint One Alternate Member Position (Cit~ Clerk Transmittal 4/29/02, Applications, Ad, Board Members) The City Clerk announced that Judy Shuttleworth had called this afternoon to advise that she was unable to attend the meeting due to an emergency but would like to be considered for the position. City Council interviewed Mr. Creamer. l0 Regular City Council Meeting May 8, 2002 Page Eleven MOTION by Majcher/Barczyk "1 make a motion to appoint William F. Creamer." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 5-0 B. Code Enforcement Board 02.028 Interview, Unless Waived and Appoint One Alternate Member Position (City Clerk Transmittal 5/2/02, Applicat. jpns, Ad, Board Members) City Council interviewed Mr. Neglia and Mr. Seeley. Mr. Enderlein was not present. MOTION by Hill/Barnes "1 would move to appoint Mr. Ed Seeley to the unexpired term to expire 4/1/2003." ROLL CALL: Mr. Majcher - nay Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - nay Mr. Coniglio - aye MOTION CARRIED 3-2 15. OLD BUSINESS 02.023 A. Schedule City Council/Code Enforcement Workshop The workshop was scheduled for May 15th at 6 pm. ]] Regular City Council Meeting May 8, 2002 Page Twelve 16. NEW BUSINESS 02.105 A. 02.107 B. Joint Project A.qreement Between the City of Sebastian and the Sebastian River Area Chamber of Commerce/Art & Music Festival ('City Manaaer Transmittal 5/1/02, Agreement) Lisanne Monier and Beth Mitchell addressed City Council on the proposed formal agreement with the City. MOTION by Coniglio/Hill "1 move to authorize the City Manager to execute the Joint Project Agreement between the City of Sebastian and the Sebastian River Area Chamber of Commerce setting forth specific obligations and privileges for the continuation of the annual Art and Music Festival." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 Runway 4-.22 Lighting Contract (Airport Transmittal 4/29/02, Bid Tabulations and Recommend.a.t..i .ons, FDOT Approval) Mr. Hill questioned certain cost differences and requested assurance that this is LPA's recommendation. MOTION by Coniglio/Barczyk "1 move to award Runway 4-22 Medium Intensity Runway Edge Lighting contract to JACO Airfield Construction, Inc. in the amount of $236,886.00." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting May 8, 2002 Page Thirteen 02.095 C. First Reading of Ordinance No. 0-02-07 - Police Retirement - Schedule Public Hearing for June 12, 2002 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 58, ARTICLE iii, POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR EFFECTIVE DATE AND CONFLICTS. The City Attorney read Ordinance No. O-02-07 by title and responded to questions from Council, stating he will have confirmation from Division of Retirement that caps are not allowed in Chapter 185 plans. MOTION by Hill/Coniglio "1 move to pass Ordinance No. O-02-07 on first reading and schedule the second public hearing for 5/22/02." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 5-0 02.090 D. Resolution No. R-02-21 - Recreation Policy (City Manager Transmittal 5/2/02, R-02-21) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A POLICY THAT THE CITY WILL PROVIDE IT'S OWN RECREATION PROGRAMS AND SERVICES TO THE CITIZENS OF SEBASTIAN; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. TAPE III ~ SIDE I (10:47 p.m.) The City Attorney read Resolution No. R-02-21 by title. The City Manager clarified that during 4/24/02 he provided analysis to three scenarios presented by the IRC administration for recreation and he recommended an alternative may be to defer to continue discussions with Indian River County Commissioners. He reiterated it is not the City's position to ask the County to leave the programs and actually City staff wishes to increase recreational programs. ]3 Regular City Council Meeting May 8, 2002 Page Fourteen Mayor Barnes said he would speak to Commissioner Adams and schedule a workshop. Mr. Coniglio also suggested that Jim Chandler and Joe Baird be invited to attend. Mr. Barczyk said he talked to Councilmembers from Vero Beach and they have not made a decision as yet. He also said he had talked to Commissioner Stanbridge and she agreed to ask County staff and could possibly ask Commissioner Adams to attend a City Council meeting. Mayor Barnes said he would contact the commissioners and request that they attend a future City Council meeting. Mickey Groepler asked Council to continue to keep the amenities at the Community Center. 17. Being no further business, Mayor Barnes adjourned the meeting at 11:00 p.m. Approved at the May 22nd , 2002 Regular City Council Meeting. Walt~r wi Ba~'n~ - Mayor_.~,.., Sally A. Mai~, CMC City Clerk - ]4 May 8, 2002 To: $ebast_~an City Council City Manager Terrance Moore I am a fourteen year resident ana voter in this fine city of Sebastion. ! have been participating in exercise classes at the commun_ity center for most o.~' those years~ under the able leadership of our instructor~ Kath!,' Falzoneo She is a ded~icated and car~.ng teacher 'who not only enables usto lead health~...er~ happier lives but really care_~s about us1 I am unable to be present at the council meeting tonight b~t wish to express my feelings on the No. Co. Recreation Dept. It is a valuable serv~..ce of t?:i~ city to provide thse classes in a convenien~ andinexpensive manner. I wish to ask the counc~.l ton~iht and the city manager to continue to 1.:eep these amenities a~ailable to our citizenry and vote against separatinF~ our. fine city from tt~e Ina~&n .River Co. Recreation Department. F~H.&FTIAN STREET 'Alii 2.3~ AC SIRE£T SE%~AN PARK 0 'V 2.5t AC 4.~G AC ~ ooooo oo3o ~.7~ Ag 7.78 3.52 AC 30 Ac ,,~, I,I~II'I'R ooooo ,75 AC 5.1~0 AC FOSTER CAMPBELL ~3 Ac ,52 AC ROAD iSTATES 50% (UHRECORD[D) 2.71 AC ~',77 AC ,64 AC ,70 AC .gB AC