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HomeMy WebLinkAbout07182001HOME OF PELICAN SPECIAL MEETING SEBASTIAN CITY COUNCIL MINUTES WEDNESDAY, JULY 18, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Special Meeting to order at 7:00 pm. The Pledge of Allegiance was recited. 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 Golf Course Director, Greg Gardner Police Chief, James Davis Public Works Director, Terry Hill Police/Code Enforcement Officer, Dennis Hovasse Special City Council Meeting July 18, 2001 Page Two SPECIAL MEETING ITEMS (The following are those items not completed at the July 11, 2001 Regular Meeting) Mayor Barnes noted that City Council had completed input and deliberation on Resolution No. R-01-56 when time ran out at the July 11, 2001 meeting, and needed only to make a motion at this time. 01 .O57 Resolution N. 0, R-01-56 Adoption of a Preliminary Stormwater UtiliW. Rate (City Attorney Tran.smittal 7/3/01, R-,01-56) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA SETTING A PRELIMINARY STORMWATER UTILITY RATE FOR PURPOSES OF PUBLIC NOTICE; PROVIDING FOR NOTICE TO THE PROPERTY APPRAISER; PROVIDING FOR AN EFFECTIVE DATE. MOTION by Hill/Majcher "1 move approval of motion to approve Resolution No. R-01-56." City Council discussion followed on the fact that this is merely a step in the process and does not constitute final approval. Staff was urged to educate the public on this issue, and the City Manager said it was his intention to schedule a public workshop at the north county library with consultants Camp, Dresser and McKee in attendance. The City Attorney said the master plan is due to be completed by December 2002. The City Attorney said Florida Statutes requires notice to every taxpayer 30 days prior to the final assessment headng, and that this preliminary assessment is included in that notice as a cap that cannot be exceeded. The City Attorney recommended that the final hearing be pushed back to September 26, 2001. Mr. Hill amended his motion to change the final public hearing to September 26th and Mr. Majcher seconded the amendment. ROLL CALL: (On the amendment to change the final public hearing to September 26~) Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 ROLL CALL: (On the main motion) Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Special City Council Meeting July 18, 2001 Page Three 01.174 A. 01.083 Authorize International Biohazard Services~ Inc. to Clean Residence at 96.2... E~/e[ni.a Street (Police Dept. Transmittal 7/12/01, Bid C~uote.~,..~anitary Survey by FL Dept. of Health) Police Chief Davis and Officer Dennis Hovasse addressed City Council on this matter that was brought to the department's attention as a nuisance call, specifically concerns about vermin in the neighborhood from this residence. Chief Davis said a social agency has committed to assisting the homeowner to return to the residence once it is desanitized and to help keep it clean. The City Manager said a lien could be placed on the residence and the City Attorney noted FS Chapter 66 provides for nuisance abatement by this method. Officer Hovasse said many agencies were called for assistance to no avail. MOTION by Hill/Majcher "1 move to authorize International Biohazard Services, Inc. to clean the residence." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Approve Sole Source Purchase of Three .Decat~..r..~emini In-car Video Systems from the Law Enforceme. n.t ~.~Jg.P!v Co. In the Amount of $11,085.00 (Police Debt, Transmittal 7/3/01 ) Chief Davis reported that funds for this purchase come from forfeiture funds. MOTION by Bishop/Barczyk "1 move to approve or authorize the above video systems from the Law Enforcement or purchase of the video systems from Law Enforcement Supply Co. in the amount of $11,085.00." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr, Barczyk - aye MOTION CARRIED 5-0 Special City Council Meeting July 18, 2001 Page Four 01.175 C. Approve Golf Course,. Range Netting..Contract tO Low Bidder,. Asplundh Constructi0..n. Corp. in the amount of $78,910.42 (Golf Course Transmittal 6/28/01,...Price Quotes/Bids from Range Netting Vendors, TeChnical Specification~ and Scope of Work of Project) The Golf Course Director briefly described the need for, timing and safety aspect of this purchase. Charles Stachel, Coral Reef Street, Sebastian, asked if relocating the ddving range to the west of the first tee had been considered. The Golf Course Director said that property is Collier Club. Louise Kautenberg, suggested a user fee for the netting. The Golf Course Director said only Golf Course funds will be used. Betsy Connelly asked if the netting would be damaged in a storm. The Golf Course Director said the netting would withstand hurricane force winds. TAPE I - SIDE II (7:47 p.m.) Chuck Neuberger, Sebastian, recommended shifting the first fairway and the driving range to protect the pristine view from the clubhouse. The Golf Course Director said without redesigning the golf course there is no other area to place the net; said there is a ten year guarantee on all materials, and as a courtesy the vendor will come back in six months to check it; and that since he has been there four people have been hit by balls bouncing on the ground and then hitting them. The City Attorney said signed releases are no guarantee against lawsuits, however, the net would improve the City's position. MOTION by Hill/Majcher "1 move to award Sebastian Golf Course range netting contract to Iow bidder, now you pronounce that for me Greg, Asplundh Construction Corp. in the amount of $78,910.42 and authorize staff to execute an agreement for same." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5~0 4 Special City Council Meeting July 18, 2001 Page Five 01.176 D. 01.179 Resolution No. R-01-50 - Repealing Resolution NO. R-98-02 - Ad0P. tion of LDC Application Fees (Growth Management Transmittal 6/29,./.01, R-01-5Owith Attached Exhibit A,.. Fee Comparisons) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING LAND DEVELOPMENT APPLICATION FEES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-50 by title only, and briefly explained the need for fee increases to cover City administrative costs. MOTION by Bishop/Barczyk "1 move to adopt Resolution No. R-01-50" ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 First Readin.a for Ordinance No. O-01:!_7 Amending LDC ..tg. Ben Operation of Lame-Scale Free-S.tandin.cl Mulching Machines.,. Schedule Public Hearin~ctfor 8/8/01 (City Attorney Transmittal 7/..3__/01, O-01-17) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES TO CREATE SECTION 50-,54CERTAINMULCH MACHINES PROHIBITED;PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-17 by title. MOTION by Barczyk/Hill "1 move to pass Ordinance No. O-01-17 on first reading and schedule public hearing for August 8t~, year 2001 ." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 Special City Council Meeting July 18, 2001 Page Six 01.111 G. Clocktower Locations (Photos previously submitted) Betsy Connelly, Sebastian, read a letter from Tut Connelly, objecting to the Main Street and Indian River Drive location. Louise Kautenberg, Sebastian, stated that the audience should remember that the clock is not about what time it is but to "take some time" to put it where ever the Council desires. The City Manager gave a brief presentation. Mayor Barnes - anywhere but not Main and IR Drive Mr. Bishop - southeast corner of CAVCORP property - new Mr. Barczyk - 512 location #3 Mr. Majcher - #3 Mr. Hill - Main Street at Indian River Drive - #2 at end of Main Street MOTION by Hill/ "I would make a move to place the clock at location #2, at the end of Main Street" MOTION died for lack of a second. MOTION by Bishop/Barnes "1 make a motion to place the clock at location #4" The new ~4, the northern side of Fellsmere Road, slightly west of Indian River Drive on CAVCORP property. ROLL CALL: Mr. Barczyk - nay Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-1 (Barczyk -nay) 01.169 H. Servi(;e OrRaq!.:,ations Sic~n in Riverview Park (List of Organizations) The City Manager said it had been discovered that the now defunct Pilot Club had placed the sign in Riverview Park many years ago. Mr. Barczyk said he had received citizen complaints about the condition of the sign and recommended the sign be standardized, turned over to another service organization for renewal in accordance with city codes and standards, or be removed. City Council discussion followed. Charles Stachel, Coral Reef Street, Sebastian, suggested utilizing the base of the clock for locating service organization signs artistically. Special City Council Meeting July 18, 2001 Page Seven Mayor Barnes suggested the sign be removed and then let the organizations come forward if they wish to install another sign that complies with the City's codes. MOTION by Hill/Barczyk "1 move that we have that sign removed from the park." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 01.173 I. City of Sebastian Board Review (Syn0osis of Boards) Jayne Barczyk, Chairperson, Code Enforcement Board, urged that this board be retained and utilized. Board ....Of Adjustment - There was a consensus of City Council to have staff bring the repeal of this board from the Land Development Code to Planning and Zoning. This item will come back in the form of an ordinance to City Council for final approval. The City Attorney noted that staff will be coming forward with request for approval of an Architectural Review Board. TAPE Ii - SIDE I (8:35 p.m.) Cemetery Committee - There was a consensus to dissolve the Cemetery Committee. The City Attorney said he would do so by resolution. Charter Revi.ew Committee - There was a consensus to keep as is. Citizens Advi~so~. Task Force - Will remain in place until Louisiana block grant is completed. Budget Rev.i~w Advisory Board - There was a consensus to keep as is C...g. de Enforcement Board - There was a consensus to keep as is for now and they will meet when hearings are scheduled. Construction Board - There was a consensus to keep as is. Handicapped. Self-Evaluati0.n Committee - The City Manager noted this has become an administrative function and the City Attorney will repeal by resolution. Special City Council Meeting July 18, 2001 Page Eight Plannin~ and Zonin.~ Commission - There was a consensus to keep as is. Police Retirement B0..~..rd. of Trustees - There was a consensus to keep as is. Recreational Advisory Board - Following some discussion it was the consensus of Council to review documents relative to a proposed countywide recreation committee or district which was never enacted and then place an item on a future agenda for discussion of pursuing that or a revised city recreation committee. Tree Advisory Board - Staff suggested changing terms to 3 years like other boards and to remove specific membership requirements. This will come back in the form of an ordinance. Mayor Barnes said contractors have requested that the effective date of Ordinance No. O-01-15, recreation impact fee, be moved up from August 1't to September or October 1't. The City Attorney advised, since this is the first meeting following adoption of the ordinance, Council could make a motion to reconsider the ordinance and the ordinance could be advertised for the next agenda. The City Attorney recommended, if City Council was going to reconsider the ordinance, the extension be only to September 1 't MOTION by Bishop/Hill "I'd so move then to make a motion to reconsider." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - nay MOTION CARRIED 4-1 (Majcher - nay) Mayor Barnes requested any suggestions for the property proposed for sale behind City Hall be · forwarded to the City Manager. o Approved at the Walter Barnes Mayor ~'~ Sally~aio ~ City Clerk Being no further business, Mayor Barnes adjourned the Special Meeting at 9:05 p.m. ,2001 Regular City Council Meeting.