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HomeMy WebLinkAbout07252001HOME OF PEUCAN iSLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 25, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City 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 Airport Director, Jason Milewski Building Director, George Bonacci City Engineer, Ralph Brescia Finance Director, Mark Mason Growth Management Director, Tracy Hass Police Chief, James Davis Public Works Director, Terry Hill Roads and Drainage Supervisor, Jerry Converse Engineering Construction Inspector, Bob Peterson Regular City Council Meeting 25, 2001 le Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS). Items not on the wrfften agenda may be added only upon a majority vote of City Council members (R-gg-21) None. 6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS 01.182 Presentation of Check from Florida Department of Environmental Regulation - Florida Recreation Development Assistance Pro,ram - Riverview Park Expansion The City Manager formally presented the check from the Florida Department of Environmental Regulation. Mayor Barnes reported that there will be a City Council workshop on Riverview Park expansion on August 8, 2001 at 6 pm. 01.159 Presentation of Certificates of Appreciation to Donna Bauer, Lisa A. DeAn.qelis, and Charla M. DeHate for Their Assistance During Dog Attack Mayor Barnes presented the certificates to Ms. Bauer, Ms. DeAngelis and Ms. DeHate. 01.183 C. Video Presentation by Airport Manager, Jason Milewski, on "Aviation in Florida" The Airport Director gave a brief video presentation and reported he is working on an airport economic impact analysis. 7. CITY ATTORNEY MATTERS Reported that the local option gas tax appeal is in Tallahassee Reported that there are homes where vacant properties have been listed and the City will be going through aerial photos to straighten out records and the tax roll will be updated so all residential lots will be sent the $4 rate initially and vacant lots will be adjusted later on Said he will appear on the August 7, 2001 Indian River County Commission agenda to justify the Kirrie land use for their concurrence 8. CITY MANAGER MATTERS 01.012 Status Report on CAMCO Services City Projects (CAMCO Letter, Notice to Proceed, Bid Pro~)osa! Price Form, CAMCO President Letter) The City Manager updated City Council on current CAMCO restroom projects based on concerns expressed by Council and the public. He clarified that if needed the City has recourse due to the fact there is a performance bond in place, and said for the record, the projects are somewhat behind schedule. He said he had invited the company president, Paul Palestrini, and cited contemplated completion dates as provided in the agenda packet. 2 Regular City Council Meeting o July 25, 2001 Page Three Mr. Palestrini apologized for any delays and responded to questions from Council relative to punch out (inspection) dates; and said the Yacht Club lift station/sewer hookup should take no more than ten days. 01.184 Authorize the City ManaRer to Execute Amendment #1 to Airport Lee~.e....Between City of Sebastian and Oran.~e Peel Entemdses, Inc. (City Mana.cler Transmittal 7/12/01, Amendment One) The City Manager briefly described the amendment to the Orange Peel Enterprises, Inc. lease, specifically establishment of a wetland mitigation plan. The City Attorney briefly described the mitigation plan. MOTION by Majcher/Barczyk "1 make a motion move to authorize the City Manager to execute Amendment Number One to the Airport Lease made to entered into the 10th day of July, 2001 between the City of Sebastian and Orange Peel Enterprises, Inc., providing for the City to handle the mitigation for the removal of wetlands on the site." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 01.141 Report on Meetin.q with Contractors Regarding V,,{~,(~l;j0n of Easement Review Process The City Manager reported on his meeting with local builders regarding the vacation of easement administrative review process. The Building Director further described the review process; stated that to his knowledge none of the previously approved rear drainage easement vacations have come back as a problem; and cited specifically twenty foot rear easements do not present a problem when a small portion is needed. Mayor Barnes noted that the process was not Council's concern, rather it's concern was the need to maintain the easements for future stormwater needs. TAPE I - SIDE II (7:45 p.m.) The Growth Management Director noted that many applications never make it to Council due to the fact that pre-construction negotiations with builders result in readjustments to the site. Mayor Barnes suggested that staff could come back with a recommendation for adjusted rear easement rear-size if it wished. Regular City Council Meeting July 25, 2001 Page Four 9. CITY CLERK MATTERS None. 10. CITY COUNCIL MATTERS A. Mr. Barczvk Reported on his attendance at the 7/17/01 and 7/24/01 Indian River County Commission meetings, specifically reporting on the waterline installation assessment program and adjustments to the interest rate. Said where the waterlines are going in, the contractors are doing a poor job of sod replacement which affects drainage. The City Manager said he had discussed the matter with the City Engineer and they are working with Indian River County. He invited members of the public to contact the City Engineer with any drainage damage concerns they have. Mr. Barczyk further discussed reductions from preliminary to final assessment. B. Mr,,Hi!! Reiterated a citizen's recommendation to put in a lower docking area for boats at City boat ramp docks. Mayor Barnes said the City Engineer is looking into the cost of a floating pier. C. Mr. Maicher Reported that lights are installed at Schumann Tennis courts. The City Manager said the resurfacing project will be undertaken very soon. D. Mayor Barnes Discussed the installation of additional TV in City Council Chambers and outside speakers. 01.185 ProDesed Schedule for Council Attendance at Indian River County Commission Meetinas (No Backup) Council agreed to do one month at a time with the Mayor beginning in August, Mr. Bishop attending September, Mr. Barczyk attending October, Mr. Majcher attending November and Mr. Hill attending December's meetings. The Mayor urged Council to call another member if they cannot attend a meeting. E. Mr. Bishop None. 4 Regular City Council Meeting July 25, 2001 Page Five Mr. Barczyk reported on future public hearings in August for Indian River County redistricting. 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 - July 11, 2001 Regular Meeting, July 18, 2001 Special Meeting 01.186 Authorize Renewal of B & T Sod and Landscaping Co. Contract for One Additional Year in Accordance with Terms of Original Contract (GSA Transmittal 7/12/01) 01,069 Approve Riverview Park Special Event Permit for Pelican Island Wildlife Festival, 3/10/02 10 am - 4 pm (Parks Transmittal 7/17/01, Memo from Pelican Island Preservation Society) 01 .O83 Accept Local Law Enforcement Block Grant and Authorize City Manager to Notify Bureau of Justice Assistance (City Manager Transmittal 7/19/01, Memo from Captain Puscher, Award Approval Notification, Grant Handbook Information) 01.187 Eo Authorize the Solicitation of Bids to Sell Seized Cabin Cruiser "The Betsea" (Police Transmittal 7/25/01, Forfeiture Agreement) MOTION by Hill/Majcher "1 move approval of consent agenda items A through E." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 12. PUBLIC HEARING - None 13. INTROD,,U...C .T..!.QN OF NEW BUSINESS FROM THE PUBLIC Item that has occurred orwas discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker Dorothy Young recommended more than one garage sale sign be allowed and to limit garage sales to one weekend each month. Ed Wihlborg, Concha Drive, Sebastian, discussed 380 Concha Drive which is owned by a habitual code violator, described work that had to be done by the City, and asked what staff is going to do about this or were any fines imposed. The City Manager advised him to speak to Code Enforcement Officer Dennis Hovasse. Regular City Council Meeting July 25, 2001 Page Six Keith Jones, 297 Joy Haven, Sebastian, discussed an adjacent property owner's calls made on him to Code Enforcement for what he was advised by the Building Director was legal tree removal from his property along the canal, and later alleged threats made by certain city officials not to trespass on canal property due to the City's tree removal policy. Mayor Barnes advised that there is a first reading of the canal policy on this agenda, at which time further discussion would take place. Pete Kahle, Concha Drive, Sebastian, discussed the cleanup of 380 Concha Drive, and expressed dismay at the dumping of debris from the City's new vacuum truck into the canal and the piping of gutter runoff from residents' houses directly into canals. TAPE II - SIDE I (8:33 p,m.) The Public Works Director said the truck is used for stormwater and has a feature that decants; that the water is fairly clean, and the process has the approval of St. Johns River Water Management District. The City Attorney reported that the gutter system was allowed under the old Land Development Code but is not allowed any longer, and said he would have to research what regulations could be enacted for existing systems. The City Attorney also stated that City's Land Development Code prohibits dumping in the Lagoon. Mayor Barnes called recess at 8:38 p.m. and reconvened the meeting at 8:55 p.m. All members were present. 14. COMMITTEE REPORTS/RECOMMENDATIONS None. 15. OLD BUSINESS 01.157 A. Reconsideration of Ordinance No. O-.{)1-15 - Recreation Impact Fee (O-01-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 74 TO CREATE ARTICLE III RECREATIONAL IMPACT FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-15 by title and noted the item was on the agenda to reconsider and advised the Council could move the effective date to accommodate builders who have quoted prices to their customers. The City Manager said this was an opportunity for Council to address the effective date. There was no public input to be heard. Regular City Council Meeting July 25, 2001 Page Seven Following City Council discussion, motion was made to move the effective date to October l't to coincide with the City's fiscal year. MOTION by Hill/Bishop "1 would move to make the effective date of Ordinance No. O-01-15 October 1st." ROLL CALL: Mr. Barczyk - nay Mr. Majcher - nay Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 3-2 (Barczyk, Majcher- nay) The City Attorney said he would provide an addendum to the Ordinance stating the action to change the effective date upon reconsideration. 01.188 First Reading of Ordinance NO. O-01-19 - Canal Policy (City Attorney Transmittal, Ordine..n_ce No. O-01-19, Canal Landscape Me..n. aaement Plan. Policy Paper) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 110 TO CREATE ARTICLE III CANAL LANDSCAPE MANAGEMENT PLAN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-19 by title and briefly described the process that will go into effect to require a permitting process for removal of vegetation along canal banks. He went on to describe the formula for removal as set out in the proposed ordinance. The City Manager said he is working with the Building Department and Code Enforcement Department and once adopted, following the public hearing on August 22nd, 2001, permits will be available to residents free of charge. The City Attorney said the final step will be to look into recreational opportunities on the canals. The City Attorney stated that on a standard 80 foot canal, fifteen feet on each side would be naturalized. The middle one third can have docks and vegetation can be removed but a percentage of trees would have to be replaced. The City Attorney suggested amendment to section 4, paragraph (b) using a foot basis instead of a percentage basis. Discussion took place on the impact of this policy on vacant lots. The City Attorney then suggested that we clarify that permits are available for "developed lots" in section 3 and he will amend the ordinance so that "developed" is added before "canal lots". The City Attorney advised that only trimming permits will be free of charge. 7 Regular City Council Meeting July 25, 2001 Page Eight MOTION by Barczyk/Majcher "1 move to adopt Ordinance O-01-19 with recommended changes." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 16. NEW BUSINESS 01.118a Approve Work Authorization Three for LPA Group, Inc. to.....Pr.o, yide Engineering and Design for Access Roads~Water and Sewer Lines and Electric Access Gates (Airport Transmittal 7/16/01, Scope of Work) The Airport Director introduced Mark Janson and Doug Hamerick, LPA Group, and described recent grants received and proposed airport infrastructure improvements that will attract future growth. MOTION by Barczyk/Bishop "1 move to approve Work Authorization Three for the LPA Group, Inc. to provide the City of Sebastian with engineering and design services for access roads, water and sewer lines, and electric access gates." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 01.118b Aoorove Work Authorization Four for LPA Group to Provide Engineering and Desi_cLn Services for Proposed T-hangar Development on West Side of the Airport, to Include Buildings, Connecting Taxiway Pa..vements, ..Perk. i..n.~. Lot Pavements, and Other Miscellaneous Improvements (Airport Transmittal 7/16/01, Scope of Work) The Airport Director further described proposed T-hanger development. Regular City Council Meeting 25, 2001 e Nine TAPE II - SIDE I (9:33 p.m.) The Airport Director said the monthly rent would be approximately $300 per unit. MOTION by Majcher/Bishop "1 move to approve work authorized for the LPA Group, Inc. to provide the City of Sebastian with engineering and design services for the proposed T-Hangars development on the west side of the Airport, to include T-Hanger buildings, connecting taxiway pavements, parking lot pavements, and other miscellaneous improvements." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 01.189 Approve Water Quality/Quantity & Analytica/Services Contract to Environm.ental Research & Desi.~ Inc. ('En~c~ineerin.q Transmittal 7/16/01, RFP Rankin.~ & Scorin~ Matrix) The City Manager said this is a final phase of the St. Johns River Water Management stormwater grant process. He noted the cost is in the amount of $64,640 with $45,000 of that amount from grant funds. MOTION by Bishop/Barczyk "1 move to award the Water Quality/Quantity & Analytical Services Contract to Environmental Research & Design Inc. from Orlando in conjunction with Sebastian, well let me just abbreviate it, SJRWMD Grant requirements for same." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 01.025 Resolution No. R-01-57 - Repeal of Emergency Water Restrictions {City Attorney Transmittal 7/25/01, R-01-57) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, LIFTING EMERGENCY WATER RESTRICTIONS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Regular City Council Meeting July 25, 2001 Page Ten The City Attorney read Resolution No. R-01-57 by title and described the restrictions in effect since May, 2000. Mr. Bishop said he believed three weeks of rain did not negate three years of drought, recommending the emergency restriction remain in effect for at least the next sixty days, and proceed to work with St. Johns to establish a monitoring well. He suggested perhaps permits can be issued to schools for fundraisers if the rains continue. Betsy Connelly, Sebastian, recommended obtaining good numbers before lifting any water restrictions. The City Manager said work is being done to establish the monitoring well in Filbert Street. Charlie Stachel, Coral Reef Street, Sebastian, encouraged warnings for enforcement of codes. Pete Kahle, Sebastian agreed that the emergency restriction remain in effect. City Council continued relative the need for a monitoring well prior to lifting the emergency restriction, and the need for facts and figures. The City Manager said he would work with St. Johns to develop the well. MOTION by Majcher/Bishop "1 make a motion to not adopt 57, R-01-57." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 01.190 Eo Resolution No. R-01-59- Estab. shing Water Utility Blue Ribbon Panel and Requesting IR..C Support (C ty Attorney Transmittal, R-01-59j A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FORMULATING FACT-FINDING PANEL FOR WATERLINE EXPANSION PROJECT; REQUESTING COUN'I-Y ASSISTANCE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE, The City Attorney read Resolution No. R-01-59 by title and said this forms a fact finding panel to review how the assessment was set up, is there equal treatment, etc., and then ask for a written report to Council by March 2002. He recommended Bruce Lea, Utilities; Lee Weeks, Financial; Larry Napier, former employee, Chuck Barrett, Engineer; and Mort Smedley, retired City Manager. He also suggested Clive Beckwith and William Germann, as citizens, if Council wanted to expand l0 Regular City Council Meeting July 25, 2001 Page Eleven to seven. He said this is a fact finding panel and will not operate in the sunshine, and will make no recommendations. Mr. Majcher recommended Mr. Lea be the chairman. Mr. Lea said he was honored to be appointed chairman but suggested someone who knows the City a little better than he. Mayor Barnes suggested Larry Napier or Lee Weeks as Chairman. MOTION by Bishop/Hill "1 would make a motion to adopt Resolution No. R-01-59." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 MOTION by Bishop/Majcher "1 would make a motion to make Bruce Lea the chairman of that committee." ROLL CALL: Mr. Hill - aye Mayor Barnes ~ aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 MOTION by Bishop/Barczyk "1 would make a motion to accept staff's recommendation as named for the balance of the committee." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 01.031 Resolution No. R-01-58 - 3r~ Quarter Budget Amendment (Finance Transmittal 7/!8/0!..,. R-01-58, 3rdnd Quarter Bud.~et Review Memorandum, Proiect ~tet.u.s Reports by fund as of June 30, 2001, Investment Summ~..ry.....a.s...0f June 30, 2001) Regular City Council Meeting July 25, 2001 Page Twelve A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2000 AND ENDING SEPTEMBER 30, 2001 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read R-01-58 by title. The Finance Director noted the need to amend the budget amendment to remove revenues for recreational impact fees for August and September, due to the change in effective date for Ordinance No. O-01-15. He then stated that the City has received additional revenues from the tobacco enforcement, insurance and donations which are offset by various expenditures associated with these revenues. MOTION by Hill/Barczyk "Move to approve R-01-58 as amended." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 .099 First Reading of Ordi.nance No. O-01-!8.- Davis Annexatig...n - Schedule Public Hearing 8/8/0! {GM Transmittal 7/16101, Ordinance No. O..-01-18, letter of re. ouest, location map and Chapter 171.044 F.S.) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39 PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read O-01-18 by title and the Growth Management Director briefly explained the annexation process and recommended approval since this property is an enclave. MOTION by Bishop/Barczyk "1 move to approve first reading, I guess this is how we do it, first reading of Ordinance No. O-01-18 on first reading, and schedule public hearing for August 8, 2001. ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Regular City Council Meeting July 25, 2001 Page Thirteen 01.191 17. H. Renamin.q of Fellsmere Road (No Back.uP) The City Attorney advised that county approval is not needed but a resolution would be. Sal Neglia, Sebastian, suggested Sebastian Blvd. from 195 to the river. The City Attorney advised that County approval would be needed to extend to 195. Mayor Barnes suggested Sebastian Boulevard. Mr. Bishop suggested Sebastian Boulevard. Mr. Barczyk stated Sebastian Boulevard was named in the Charette process and agrees with this recommendation. Mr. Majcher stated since Sebastian evolved from a riverfront town that it should be Sebastian River Boulevard. Mr. Hill stated Sebastian should be in the name and that Sebastian River would be nice. Jackie James, Roseland, stated a recent finding proves the river is named the St. Sebastian River so that would make a pretty name. MOTION by Bishop/Majcher "1 motion to extend the meeting." VOICE VOTE on the motion carried 5-0. It was the consensus of Council to place a coupon in the next Pelican Brief listing the names presented tonight for people to mail into City Hall their suggestions, to ensure public input. Being no further items, Mayor Barnes adjourned the Regular Meeting at 10:35 p.m. Approved at the August 8th Walt~rn'es May /,, Gity Clerk~ 2001 Regular City Council Meeting.