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HomeMy WebLinkAbout06132001QIY OF ~~~,~s~r~~,j ,., HOME OF PELICAN ISWVd SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 13, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Reverend Edwin Creel of Sebastian River Baptist Church gave the invocation. 4. ROLL CALL Citv Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Finance Director, Mark Mason Parks Superintendent, Chris McCarthy 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda maybe added only upon a majority vote of City Council members (R-99-21) None • Regular City Council Meeting June 13, 2001 • Page Two 6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS 01.064 A. Boys & Girls Club of Indian River County -Location Ideas for a Sebastian Facility The City Manager briefly updated City Council on the proposed long term lease agreement and location for the Sebastian Boys and Girls Club at a rarely used practice field at Barber Street Sports Complex and introduced Kenneth Felten, Lisa Smith-Fulton and Beverly O'Neal. The Parks Superintendent further described and exhibited the location on a map for City Council; and discussion followed as to the current parking problem and possible solutions; possibility of use of other city sites; the need for this type of facility in the city; and concern that there be sufficient space for the proposed facility to meet future population needs. Mr. Felten stated that a membership fee would be required for use of the facility at a cost of $5 during the school year and a $35 summer fee, and responded that parking is rarely a problem since the club's users do not drive. Lisa Smith-Fulton then briefly described the programs offered. Mr. Felten said his goal was to build a 30,000 square facility at some point. The City Manager said a proposed lease that addressed Council concerns will be brought forward later this summer. 01.028 B. Paul Tischler -Fiscal Impact Analysis Relating to Future Annexation • The City Manager handed out a presentation synopsis and introduced Paul Tischler, Tischler & Associates, Inc. (See attached) Mr. Tischler reviewed the fiscal impact analysis. TAPE 1-SIDE 11(7:47 p.m.) Mr. Tischler responded to questions from Council. 7. CITY ATTORNEY MATTERS The City Attorney reminded Council of the June 19, 2001 stormwater workshop. He also reported on mulching machine operations in the City, explaining that prior placement in the LDC was incorrect and it should be removed from the LDC. He went on to advise that the City prohibits the use of mulching machines for commercial purposes but allows the use of the machine for individual lot clearing. The City Attomey advised they would look at this at the next meeting and he will have a landscaping expert describe the operation of a mulching machine. • , Regular City Council Meeting June 13, 2001 Page Three 8. CITY MANAGER MATTERS 01.149 A. 2"`' Annual Riverfront Art and Music Festival (City Clerk Transmittal 6/4/01. Application) The City Manager advised that plans are underway for the 2"d Annual Riverfront Art & Music Festival in December. He said he will bring updates to Council as plans progress; and, in light of a request from the Sebastian River Art Club for this same weekend, the two groups have consented to work together. The Festival will be set up and down Indian River Drive. The Club will be set up solely in the park. 01.150 B. Load Limit Logistics Within the City of Sebastian (No Backup) The City Manager discussed load limit regulations as set out in the Code of Ordinances, and occasional abuses of overloaded trucks. He said he had contacted FDOT and they have agreed to work with the City to weigh questionable vehicles. Questionable vehicles should be reported to the police department. Mr. Majcher suggested placement of "no through" truck signs in residential areas and whether Florida League of Cities may have some criteria on the matter. The City Manager will contact • the Florida League of Cities and provide information. 9. CITY CLERK MATTERS None. 10. CITY COUNCIL MATTERS A. Mayor Barnes • Congratulated Chief Jim Davis on his appointment as Police Chief • Responded to a letter to the editor from Baxter Costin regarding misinformation about the anonymous donor deciding where the clock should be located. The Mayor said he was there when the donation happened and the donor did not offer a location suggestion as stated in the letter to the editor. • Expressed regret that former Mayor Neuberger wrote in a letter to the editor intimating that the location of the clock has already been voted on and the public will not have input when this is not the case. The Mayor assured the audience that the location has not been decided and there will be a public meeting. • Thanked Betsy Connelly whose letter to the editor was positive. B. Vice Mayor Bishop None. • Regular City Council Meeting June 13, 2001 Page Four C. Mr. Barczyk • Asked if all areas within the city limits are under the water restriction. The City Manager replied affirmatively. • Inquired what plans were submitted for the site under development on CR512 and stated if there is a tree plan he would like to see it. • Inquired about a status report on Cornerstone abandoned properties. • Stated that codes are not being enforced in the City. Mayor Barnes agreed with Mr. Barczyk's concerns about the Cornerstone properties and the lack of code enforcement. The City Manager responded that a Code Enforcement workshop has been scheduled for Wednesday, June 20, 2001 at 3 pm to address some concerns. He stated Chief Davis will attend the workshop. The City Attorney advised that it can be posted appropriately to allow for council member attendance. D. Mr. Hill None. E. Mr. Maicher • He has received a few phone calls about dumping trash on vacant lots on Columbus Street and fire hazards. He asked that code enforcement not ignore it. • He requested that the smaller kids and pee wees be allowed to skate one hour at skateboard park without the big kids. The City Manager replied that has been done. 01.151 1. Possible Endorsement to National Fire Protection Association (FLC Fax Alert) Mr. Majcher recommended endorsement to the National Fire Protection Association for state standardization of "two in, two out". Asked where the City was on the Local Option Gas Tax, and the City Attorney responded that the County is working with the Department of Revenue to ascertain that the City will receive funds due and that the City has until mid July to file the paperwork. The City Attorney stated that if the City waited, more money would be available. Suggested that someone from the City attend all Indian River County Commission meetings and report back to the Council. He stated his sheet from the County was too brief. Following discussion of the NFPA recommendation, it was the consensus of Council to obtain further information on fiscal impacts. It was the consensus of Council to place the item on the next agenda for further research on economic and staffing impacts. • Regular City Council Meeting June 13, 2001 • Page Five 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 - 5/23/01 Regular 01.152 B. Appropriate Sufficient Funds and Approve City Council Travel to FL League of Cities Annual Conference in Orlando 8/23/01- 8/25/01 (City Clerk Transmittal 6/7/01, Conference Info) 01.153 C. Resolution No. R-01-44 Authorizing the City Manager to Apply for Funding from Indian River County Children Services Advisory Committee for the Truancy Intervention Program in the North County Area (Police Transmittal 6/7/01, R-01-44) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE INDIAN RIVER COUNTY CHILDREN SERVICES ADVISORY COMMITTEE FOR THE TRUANCY INTERVENTION PROGRAM IN THE NORTH COUNTY AREA 01.154 D. Sebastian River Art Club -Request to use Riverview Park for annual art shows (City Clerk Transmittal 5/29/01, Application) Mr. Barczyk removed item C for discussion. Mayor Barnes called for a motion for approval • of items A, B, and D. MOTION by Hill/Majcher "So moved." ROLL CALL: Mayor Barnes -aye Mr. Bishop -aye Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye MOTION CARRIED 5-0 Item C Mr. Barczyk asked if Item C will be an ongoing expense or if the County will pick it up at a later time. The City Manager replied that the City hopes to have a partnership in place with the School District. Mr. Barczyk also expressed concerns that the elementary children were being targeted. The City Manager replied that he has been working with the School District on expanding certain programs. Regular City Council Meeting June 13, 2001 • Page Six MOTION by Barczyk/Bishop "I'll make a motion to approve agenda item C" ROLL CALL: Mr. Bishop -aye Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Mayor Barnes -aye MOTION CARRIED 5-0 12. PUBLIC HEARING 01.147 A. Public Hearing -Ordinance No. 0-01-12 -Amending LDC Section 54-5-22.2 Lowest Floor Definition (City Manager Transmittal 6/7/01, 0-01-12, Recommendation letter from the Florida Department of Community Affairs and P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-5-22.2 DEFINITION OF TERMS: LOWEST FLOOR; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. Mayor Barnes opened the public hearing at 8:30 p.m. and the City Attorney read Ordinance No. 0-01-12 by title. Mayor Barnes closed the hearing at 8:31 p.m. MOTION by Barczyk/Bishop "I move to adopt Ordinance No.0-01-12." ROLL CALL: Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Mayor Barnes -aye Mr. Bishop -aye MOTION CARRIED 5-0 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the pn;vious six months which is not otherwise on the agenda -sign-up required -limit of ten minutes for each speaker Sal Neglia, Sebastian, asked why the water restrictions are not being enforced at First Union Bank on US 1 and Acorn Storage on CR512. TAPE ll -SIDE 1(8:33 p.m.) • 6 Regular City Council Meeting June 13, 2001 • Page Seven Expressed concerns that children are being allowed to go into the skateboard park without proper equipment, and that people running the park should be more responsible. He also noted Collier Creek waters every day. Mayor Barnes asked Mr. Neglia to give his list of individuals not following the water restrictions to the Police Chief. AI Vilardi suggested US 1 and CR512 or Main Street and Indian River Drive for the clock location; and questioned the location of the retention pond in the rear of the new gym on CR512 and Delaware and the lack of screening to the abutting residences. He also noted that Maytag is storing equipment behind its building. Mayor Barnes stated the owner was on the Code Enforcement Board. Charlie Stachel, 1698 Coral Reef Street, Sebastian, asked if there will be cooled, potable water provided in the Yacht Club restroom facility. Mayor Barnes called recess at 8:50 p.m. and reconvened the meeting at 9:00. All members of the Council were present. 14. COMMITTEE REPORTS/RECOMMENDATIONS A. CODE ENFORCEMENT BOARD 01.071 ~ 1. Interview Applicant. Unless Waived. and Appoint to the Alternate Member Position • Term to Expire 6/2004 (City Clerk Transmittal 6/1 /2001. Application. Board Member List. Advertisement) MOTION by Bishop/Hill "I move to reappoint Adrina Davis to the alternate member position, three year term, to expire 6/2004" ROLL CALL: Mr. Majcher -aye Mr. Hill -aye Mayor Barnes -aye Mr. Bishop -aye Mr. Barczyk -aye MOTION CARRIED 5-0 01.009 B. PLANNING AND ZONING COMMISSION Interview Applicants. Unless Waived. and Appoint One to the Regular Member Position Term to Expire 6/2004 (City Clerk Transmittal 6/1 /2001. Application, Board Member List. Advertisement) Jean Carbano was interviewed. Ms. Monier was not present. • 7 Regular City Council Meeting June 13, 2001 Page Eight MOTION by Majcher/Barczyk "I move to appoint Jean Carbano to the regular member position, three year term to expire 6/2004" ROLL CALL: Mr. Hill -aye Mayor Barnes -aye Mr. Bishop -aye Mr. Barczyk -aye Mr. Majcher -aye MOTION CARRIED 5-0 Mayor Barnes stated that he hoped Ms. Monier would be interested in submitting her application to other boards. 01.155 C. BOARD OF ADJUSTMENT 1. Interview Applicant. Unless Waived, and Appoint to One of the Regular Member Positions with Terms to Expire in June 2004 (City Clerk Transmittal 6/1/2001, Application, Board Member List, Advertisement) MOTION by Barczyk/Majcher • I move to reappoint Louise Kautenberg to the Adjustment Board to expire June 2004." ROLL CALL: Mayor Barnes -aye Mr. Bishop -aye Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye MOTION CARRIED 5-0 Mr. Barczyk requested that Lisanne Monier be advised of the open Board of Adjustment position. 15. OLD BUSINESS 01.141 A. Proposal for Vacation of Easement Workshop as Directed by City Council on Mav 23~d 2001 (No Backus) It was the consensus of City Council to schedule the workshop for June 27th at 6 pm. • Regular City Council Meeting •lune 13, 2001 Page Nine 16. NEW BUSINESS 01.132 A. First Reading for Ordinance No. 0-01-13 -Regulation of Watercraft on City Waterways - Schedule Public Hearing for July 11th, 2001 (City Attornev Transmittal 5/29/01, 0-01-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-2-7.8 REGULATION OF WATERCRAFT AND CHAPTER 110 ARTICLE II WATERCRAFT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The City Attorney read Ordinance No. 0-01-13 by title and advised that watercraft should not be regulated within the Land Development Code but rather the Code of Ordinances. He also advised that he will make an author's amendment by striking the word "lagoon," in 110-36 (b). MOTION by Bishop/Barczyk "I would make a motion to pass Ordinance 0-01-13 on first reading and schedule public hearing for July 11, 2001." ROLL CALL: Mr. Bishop -aye Mr. Barczyk -aye Mr. Majcher -aye • Mr. Hill M B -aye ayor arnes -aye MOTION CARRIED 5-0 01.156 B First Reading for Ordinance No. 0-01-14 -Collecting Fees from Communication Service Providers -Schedule Public Hearing for July 11th. 2001 (City Attorney Transmittal 5/30/01. 0-01-14, Florida League of Cities Information) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO REQUIRING AND COLLECTING PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR INTENT; PROVIDING FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-01-14 by title only and briefly described the amendment. The Finance Director further explained the fee. • 9 Regular City Council Meeting .tune 13, 2001 Page Eleven MOTION by Majcher/Barczyk "I move to pass Ordinance No. 0-01-14 on first reading and set public hearing for July 11, 2001." ROLL CALL: Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Mayor Barnes -aye Mr. Bishop -aye MOTION CARRIED 5-0 01.157 C. First Reading for Ordinance No. 0-01-15 -Recreational Impact Fee -Schedule Public Hearin4 for July 11th, 2001 !City Attorney Transmittal Fee 6/7/01, 0-01-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 74 TO CREATE ARTICLE I II RECREATIONAL IMPACT FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The City Attorney read Ordinance No. 0-01-15 by title only and briefly described the use of impact fees funded by new development to provide for recreational levels of service • within the adopted Comprehensive Plan. The City Manager further explained the purpose and benefit of this funding source. City Council discussion followed on requirements of the Comprehensive Plan, cost to homeowners, slowing down growth and factoring in and unpredictability of grants. TAPE ll -SIDE 1(9:36 p.m.) The Finance Director discussed funding for capital improvement programs. Discussion took place on whether or not grants should be considered when budgeting for park improvements. The City Manager stated quality of life will generate future interest in industrial/community development along the City's major corridors. MOTION by Barczyk/Hill "I move to pass Ordinance 0-01-15 on first reading and schedule public hearing for July 11, 2001." ROLL CALL: Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk MOTION CARRIED 5-0 - aye - aye - aye - aye - aye • 10 Regular City Council Meeting June 13, 2001 Page Eleven 01.099 D. Resolution No. R-01-43 -Approve Interlocal Agreement with IRC for Joint Planning Activities for Davis Parcel (City Attorney Transmittal 6/7/01. R-01-43, Interlocal Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING AN INTERLOCAL AGREEMENT W ITH INDIAN RIVER COUNTY FOR JOINT PLANNING ACTIVITIES FORAN EIGHTYACRE PARCEL OF LAND KNOWN AS THE DAVIS PARCEL; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-43 by title, and advised, in accordance with Florida law, the City can enter into an interlocal agreement to coordinate planning activities with Indian River County until such time as the annexation and subsequent land use change and zoning are finalized. MOTION by Hill/Majcher I move to adopt Resolution R-01-43. ROLL CALL: Mr. Hill -aye Mayor Barnes -aye Mr. Bishop -aye Mr. Barczyk -aye Mr. Majcher -aye • MOTION CARRIED 5-0 01.002 E. Resolution No. R-01-45 - Request Funding for County Road 512 Enhancements (City Manager Transmittal 6/7/01. R-01-45) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REQUESTING COUNTY PLANNING AND FUNDING FOR COUNTY ROAD 512 ENHANCEMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-01-45 by title and the City Manager briefly described the request to Indian River County for planning and funding assistance. The City Attorney explained what the funding would be used for. MOTION by Majcher/Bishop "I move to adopt Resolution No. R-01-45." ROLL CALL: Mayor Barnes -aye Mr. Bishop -aye Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye MOTION CARRIED 5-0 • 11 Regular City Council Meeting .June 13, 2001 Page Twelve 00.161 F. City Attorney's Evaluation City Council members individually commended Mr. Stringer. Mr. Bishop suggested 5% and Mr. Hill suggested 5.5%. Mayor Barnes called for a motion for 5.5%. MOTION by Hill/Bishop "So move to make it 5'/z percent." ROLL CALL: Mr. Bishop -aye Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Mayor Barnes -aye MOTION CARRIED 5-0 Motion by Bishop/Barczyk • "I move to make that retroactive." ROLL CALL: Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Mayor Barnes -aye Mr. Bishop -aye MOTION CARRIED 5-0 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:10 pm. Approved at the June 27'h, 2001 Regular City County Meeting. Walter Barnes M or _~ Sally A. M 'o City Cle • 12 4~ INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET JUNE 13, 2001 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. lam. _ j ,, Name: ~.,, :....fit-~ New Subject: Name: ~ ~ ~'-r~'~A` New Subject: i- Name: " ~.~~r~ ~. ~ ~ ~ ~~ C'6f ~:=~-- New Subject: ~fl c; ~ `~ Ct r_ /~ ~~~...~ /=~~ d r~ ~ Name: New Subject: Name: New Subject: Name: New Subject: PUBLIC HEARING SIGN-UP SHEET JUNE 13, 2001 01.147 A. Public Hearing -Ordinance No. 0-01-12 -Amending LDC Section 54-5- 22.2 Lowest Floor Definition AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-5-22.2 DEFINITION OF TERMS: LOWEST FLOOR; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS