HomeMy WebLinkAbout07242002SElu IIAN
HOME. OF PELICAN ISLAND
SEBASTIAN GITY GOUNGII.
MINUTES
REGULAR MEETING
WEDNESDAY, JULY 24, 2002 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
The Mayor called the regular meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited..
There was a moment of silence.
BOLL CALL
Citv_.Council Present: ·
Mayor Walter Barnes
Vice-Mayor James Hill
Mr. Joe Barczyk
Mr, Ray Coniglio
City Coun..qj.! Absent:
Mr. Edward J. Majcher, Jr. (Excused)
Staff P£esent:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
City Engineer, David Fisher
Finance Director, Mark Mason
Public Works Director, Terry Hill
Sign Shop Manager, Brian Grzesiak
Regular City Council Meeting
July 24, 2002
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a majority vote of City Council members (R.99-21)
None.
6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
o2.o26 A. Certificate of ADoreciation to Adrina Davis - Code Enforcement Board
Mayor Barnes read and presented the certificate to Adrina Davis.
02.157 B. Mayor to Read Pelican Island National Wildlife Refuge Days Proclamation
Mayor Barnes read the Pelican island National Wildlife Refuge Days proclamation,
which has been submitted to the Florida League of Cities. Mr. Coniglio said this will kick
of a year long festival and noted that President Bush was invited to attend.
o2.o16 C. Presentation bv Camp. Dresser and McKee - Status Relative to Sebastian Stormwater
Util~v Master Plan (No Backu~
Erick Grotke, P.E., Camp, Dresser & McKee, gave a brief status report presentation on
the Sebastian Stormwater Utility Master Plan. (See handout attached). He introduced
FIT student interns, Alistair Grell from Dominica, Efraim Fernandes from Brazil and
Nagaraju Naidu from India, who have assisted with the project and responded to
questions from Council.
Tut Connelly, Sebastian, inquired about flood zones. The City Manager noted that the
City's current flood rating is a 9 with 1 being the best and that the City is working toward
further improvement with projects such as this. Discussion took place on FEMA flood
maps and the need for an update.
CITY ATTORNEY MATTERS
Reported on tomorrow's visit by a Dept. of Community Affairs attorney to look at the
CNK site.
Said he reported to Planning and Zoning Commission that Council wants a workshop in
September for the cell tower moratorium.
Reported on the recently developed shopping mall on US 1 noting they were asking for
a waiver from the parapet requirement, but noted Planning and Zoning Commission
rejected the waiver and tabled it for two weeks for further proposals.
Suggested the extension service be invited to plant seedlings from the Hardee Oak in
the event of its death.
2
Regular City Council Meeting
July 24, 2002
Page Three
8. CITY MANAGER MATTERS
Announced the July 31, 2002 City Council workshop on Solid Waste and said he will forward an
agenda and backup packet for Council review.
9. CITY CLI~RK MATTERS
None.
10. CITY COUNCIL MATTERS
Reported on phone calls regarding crews installing sod and leaving pallets behind.
Asked about the mowing contract recently approved and noted certain areas have not
been touched. The Public Works Director reported that they are making progress.
Reported that he is seeing many code enforcement violations. The City Manager said
he had just authorized some liens to be placed.
Asked about an abandoned house under construction on 261 Main Street, also in the
400 block of Cavern. The City Attorney said the owner of the Main Street house had
been contacted.
B. Mr. Maicher
· Absent:
Requested wdtten reports on City Attorney matters so that questions may be asked of
issues
Asked if the fine collection service had been researched for code enforcement
violations, and the City Manager reported he had previously given an update on this
issue whereby fines were so Iow it would not be prudent to use a service.
Congratulated the City Manager and City Clerk on their quarterly reports.
D, Mayor Barnes
Reported on the Indian River County Commission meeting on Fellsmere annexation and
Roseland's Sebastian Inlet condominium project.
Reported on his meetings with Cathy Burke and Jeff Souci regarding their efforts to
work with the community on health care issues. He noted that few people run for the
hospital district board and stressed its importance.
Reminded everyone to turn in the City Manager's appraisals.
Inquired about Skydive Sebastian's tax situation and the City Manager said it had been
paid.
Regular City Council Meeting
July 24, 2002
Page Four
Inquired if the city would be using the same contractor for the CRA blight study that was
previously used on the Riverfront CRA. The City Manager reported that the June 28,
2002 newsletter advised Council that the city was seeking proposals for the CR512
triangle CRA.
Reported on the staff website committee meeting and asked City Council what it would
like to see on the site.
The City Attorney said the CRA blight study will have to be done by August l't and the City
Manager said it would be impossible to complete the formal bid process by that time. The City
Attorney said unless legislation is rewritten there would probably not be an extension.
E. Mr. Hill
Suggested the conservation distdct next to City Hall be utilized for recreation, by the
creation of a joint participation agreement with Indian River County. The City Manager
said the County has some ideas that agree with Mr. Hill's recommendation. Mr. Hill
suggested a letter be drafted and sent to the County Commission. The City Attorney
said the City is a co-applicant on the land acquisition grant with the County and they can
be reminded to live up to their part of the agreement.
Tape I - Side II (8:03 p.m.)
Mr, Hill asked if some of the property could be used for retention ponds. The City Manager
stated that conservation plans are specific and the city would need to identify other areas for
ponds, It was the consensus of Council to send the letter to Indian River County.
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 - 7/10/2002 Regular Meeting
02,158
Authorize City Manager to Execute the Historic Preservation Grant Award Agreement and
Addendum for the City Hall/Old Sebastian Elementary School Restoration Program (City
Manager Transmittal 7/17102, Grant Agreement and Addendum)
02.15g
Authorize City Manager to Execute Kimley-Hom Work Authorization #5 for Sebastian
Municipal Cemetery As-Built Survey Not to Exceed $19,000 (City Clerk Transmittal 7/17/02,
Clerk Memo, Pontem Software Info, Work Authorization)
02.150
Authorize City Manager to Execute 49 Month Contract Service Arrangement Agreement
with BellSouth Telecommunications, inc. for General Subscriber Services Tariff (Finance
Director Transmittal 7/17/02, Proposed Agreement)
02.161
Award Contract to Wilson's Petroleum Equipment, Inc, in the Amount of $67,839.00 to
Engineer, Design, and Construct Fuel Facility and Authorize City Manager to Execute
(General Services Transmittal 7/15/02, Bid Tabulation Form)
4
Regular City Council Meeting
July 24, 2002
Page Five
02.162 F.
Approve One Year Interagency Agreement with Florida Department of Corrections (Public
Works Transmittal 7117102, Agreement)
Approve Travel for City Clerk, August 15-16, 2002, Boca Raton; September 27, 2002,
Odando (City Clerk Transmittal 7~9~02, FACC Letter, FLC E-Mail)
MOTION by Hill/Barczyk
"1 move approval of consent agenda items A-G."
ROLL CALL:
Mayor Bames - aye
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - absent
MOTION CARRIED 4-0
12. ,PUBLIC HEARING
02.062
Second Readina and Public Hearin~ Ordinance No. O-02-09- Secondary Frontvards
(GMD Transmittal 7/17102. O-02-091
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE,
CITY CODE SECTION 54-2-5.2.3 SINGLE FAMILY RESIDENTIAL DISTRICT (R$.10) PROVIDING
SECONDARY FRONT YARD SETBACKS AND SECTION ~ 22.2 DEPINITION OF TERMS: YARD, FRONT;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OR ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1" Reading 7/10/02, Legal
Ad 7112/02, PH for Adoption 7/24/02)
The City Attorney read the ordinance by title and the Mayor opened the public hearing at
8:05 p,m. Being no input, Mayor Barnes closed the hearing,
MOTION by Hill/Barczyk
"1 move to pass Ordinance No. O-02-9."
ROLL CALL:
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - absent
Mayor Barnes - aye
MOTION CARRIED 4-0
Regular City Council Meeting
July 24, 2002
Page Six
02.051
13.
14.
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
Sal Neglia, Sebastian expressed concern for the new banners installed on street poles and noted
the rocket on CR512 is rotting.
COMMITTEE REPORTS/RECOMMENDATIONS
Construction Board
1. Interview, Unless Waived, and Appoint Re!:iular Member Electrical Contractor
Position ¢Citv Clerk Transmittal 7118/02.3 ADolications. Ad. Member Lisfl
City Council interviewed Mr. Wolf and Mr. Schmitz who are both alternates on the board,
MOTION by Bames/Coniglio
'If no one else, I would make a motion to appoint James Schmitz."
ROLL CALL:
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - absent
Mayor Barnes - aye
Mr. Hill - aye
MOTION CARRIED 4-0
2. Fill Alternate Position If PQssible
MOTION by Barczyk/Hill
'Mayor, I'd like to nominate, if Mr, White is still interested in becoming a member, I like to
nominate him as an alternate."
ROLL CALL:
Mr. Coniglio - aye
Mr. Majcher - absent
Mayor Barnes - aye
Mr. Hill - aye
Mr. Barczyk - aye
MOTION CARRIED 4-0
Regular City Council Meeting
July 24, 2002
Page Seven
02.138 B.
02.164
02,165
15.
16.
Parks & Recreation Advisor Committee
1. Report on Jvly 20~ Public Workshop
Jeannie Jessup, Parks and Recreation Committee Member, reported on the July 20th public
workshop and noted a full report will be presented at the August 14, 2002 City Council meeting.
.She said they hope to hold another workshop in the future.
Mayor Barnes suggested that the next ad advise citizens that they can put their ideas in writing if
they cannot attend.
Mr. Barczyk asked if Parks and Recreation will have the ability to review plans before development
takes place and the City Manager said they have reviewed plans and will in the future.
OLD BUSINESS
None.
NEW BU~INE~,~
Authorize City Mana(~er to Execute Develooer's Construction Aoreement Between Caot'n
Butcher. Inc. and City of Sebastian Governina Jackson Street Extension Proiect (City
Manaaer Trensmittal 7/17/02. Preoosed Aoreement}
The City Manager said due to the fact that Planning and Zoning rejected the site plan, and an
appeal has been submitted and will be heard before City Council on August 28, 2002, this item
should be postponed until then. He then advised that because many objectives contained in the
developer's agreement are part of the redevelopment agency district that a CRA workshop should
take place on August 28, 2002 at 6 pm on this matter.
Mr. Hill asked, with all the City is proposed to give in this agreement, what the City is going to get
back. City Council discussion followed. Mr. Barczyk said this is not a good deal for the City.
Mayor Barnes said he had a preblem with parking. Mr. Coniglio said he would like to see more
greenery.
Resolution No. R-02-31 - Third Quarter Budoet Amendment (Finance Director Transmittal
7/17/02. R-02-31. Budoet Review Memo. Proiect Status Reoorts bv Fund. Schedule of
Investments}
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002 AS PROVIDED FOR IN
EXHIBIT "A'; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the resolution by title and the Finance Director briefly explained the
amendment. He requested changes on circle page 98 under Roads and Dreinage in the amount
$9,351. because received bill was actually $4,574., which brings the drewn down amount to
$25,988. He stated with the local option gas tax money, 3 additional cress walks will be added to
Indian River Drive and this will be on next agenda. He stated there was a telephone pole accident
7
Regular City Council Meeting
July 24, 2002
Page Eight
which added $744. to the budget and the stormwater utility tax brought in excess $116,000. than
originally estimated because of over-estimation of conservation lands and early payers that wanted
to receive the discount. He went on to say that the only increases will be due to new commercial
structures. Added that three capital projects exceeded the original budget and there is an added
aerator fountain at Garden Club Park.
Mr. Hill inquired on the franchise fee collection process. The Finance Director was commended
on a well written report.
MOTION by Barczyk/Hill
"Move to approve R-02-31 ."
ROLL CALL:
Mayor Barnes - aye
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - absent
MOTION CARRIED 4-0
02.166
ADDroDriate $37.500 and Aor~rove Work Order with Reaan Masonw at $1.60 Der sf to Pour
Form and Finish Pelican Island Bike Path/Sidewalk and Drainaae Proiect (EnoineerinQ
Transmittal 71171902. Cost Estimate. Location MaD)
The City Manager briefly described the project. Mr. Barczyk suggested Barber Street at US 1 be
considered.
MOTION by Coniglio/Hill
"1 move to authorize the Pelican Island Bike path project at a total cost of $37,500,
appropriate funds and approve a work order with Regan Masonry at the approved contract price
of $1.60 per square foot to form, pour and finish."
ROLL CALL:
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - absent
Mayor Barnes - aye
MOTION CARRIED 4-0
02.167
Consider Placina Staff and Council Matters at En(J of A=enda - Placed bv Mayor Barnes at
the Rec~uest of Mr, Barczvk {No B.~ckuD)
Mr. Barczyk said most boards have this type of input at the end of meetings. Mr. Hill said he was
not against this idea. Mr. Coniglio said he had no input.
Regular City Council Meeting
July 24, 2002
Page Nine
02.168
MOTION by Coniglio/Hill
"1 move that we move our placing staff and council matters at the end of the agenda until
we feel it should be moved again."
ROLL CALL:
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - absent
Mayor Barnes - aye
Mr. Hill - aye
MOTION CARRIED 4-0
E. Publishina City Council Aaendas ~Citv Clerk Transmittal 7/9~02)
The City Clerk explained that staff discussion prompted this item and requested, if Council was
inclined to continue running the agenda, it remove the $200 cap set by Council in 1995.
Mr. Hill stated that electronic means may reach more people and perhaps post agendas for next
month with a notice that agendas can be found on website and channel 25, also an ad telling
people where it is. Mr. Barczyk stated 20% of citizenry have satellite dishes and not all have
computers, asked how will the agenda get to them. Mr. Coniglio suggested to run an ad that
people can pick up an agenda at city hall and on website, channel 25. Mayor Barnes suggested
to try this as an experiment and look for feedback.
MOTION by Coniglio/Hill
"1 move that we temporarily or until further notice, stop pdnting the agendas for the
meetings, make them available at city hall, on our website, can probably also be e-mailed, is that--
e-mail them, (I'm in the middle of a motion here,) and advertise such in Press Journal at a reduced
size."
Mr. Hill offered an addendum to the motion to add Broadband Channel 25. Mr. Coniglio seconded
the addendum.
ROLL CALL:
Mr. Coniglio - aye
Mr. Majcher - absent
Mayor Barnes - aye.
Mr. Hill - aye
Mr. Barczyk - aye
MOTION CARRIED 4-0
Regular City Council Meeting
July 24, 2002
Page Ten
17. Being no further business, the Mayor adjourned the meeting at 9:00 p.m.
Approved at the August 14th, 2002 Regular Council Meeting.
W~lter W. Barnes
Uay~"~ _ .~..... ~ ....
Sally~-A/Ma/i6,. CMC ..,
City C.~e~r k~ "
lO
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
JULY 24, 2002 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,
Name:
New Subject~. ~~
New Subject:
Name:
New Subject:
Name:
New Subject:
Name:
New Subject:
Name:
New Subject:
02.062
PUBLIC HEARING SIGN-UP SHEET
Second Readina and Public Headna Ordinance No. O-02-09 - Secondary
Frontvards
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE, CITY CODE SECTION 54-2-5.2.3 SINGLEFAMIL YRESIDENTIAL
DISTRICT (RS-lO) PROVIDING SECONDARY FRONT YARD SETBACKS AND SECTION
54-~-22.2 DEFINITION OF TERMS: YARD, FRONT; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 # Reading 7110/02, Legal
Ad 7/12/02, PH for Adoption 7/24/02)
~vlE
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