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HomeMy WebLinkAbout09122001HOME OF PEJ. JGAN SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 12, 200t - 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. The Pledge of Allegiance was recited. Rev. Ellie Lea from the First Presbyterian Church gave the invocation and requested prayer for all those affected by yesterday's terrorist attacks. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Edward J. Majcher, Jr. Mr. James Hill City Council Absent: Mr. Joe Barczyk (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams City Engineer, Ralph Brescia Finance Director, Mark Mason Growth Management Director, Tracy Hass Police Chief, James Davis Regular City Council Meeting September 12, 2001 Page Two 5. AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a majority vote of City Council members (R.99.21) Mayor Barnes recommended pulling item E under New Business "Travel Expenses for Mr. Majcher." Voice Vote 5-0 to remove. 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 01.206 A. Proclamation - World Population Awareness Week Mayor Barnes announced that this proclamation will be mailed to the recipient. 01.207 B. Proclamation - Boys and Girls Clubs of America - Goals for Graduation Mayor Barnes read the proclamation and it will be mailed to the recipient. C. Introduction of New Human Resources Director, Jim Sexton The City Manager introduced Human Resources Director, Jim Sexton, who will begin his employment with the City on September 17, 2001. D. Presentation by Representatives from A T & T Broadband Regarding Cable Operations in the City of Sebastian Due to national events, this item was postponed until September 26, 2001. E. Presentation by VolkssDort Officials Ron Barnett, President of Patrick Pacers Volkssport Club introduced treasurer, Joe Aycock, who requested approval for a walk in Sebastian on March 2, 2002 beginning from 9-12 a.m. to 3 p.m. (see consent agenda item D). 7. CITY ATTORNEY MATTERS · Explained the need for an additional first reading for Ordinance No. O-01-22 based on a scrivener's error in the legal description at first reading. · Explained that he received a letter from the Treasure Coast Homebuilders expressing objections to our recreation impact fee and he will prepare a response to the Homebuilders. · Reported that the local option gas tax funds have been placed in escrow with Clerk of Circuit Court until resolved. 8. CITY MANAGER MATTERS The City Manager reported on the Camco issue, and referenced a memo from the General Services Administrator regarding the timetable and performance bond (see memo attached). 01.208 01.125 01.209 Regular City Council Meeting j~eptember 12, 2001 age Three The City Attorney further advised Council on staff's position to work with the bonding company at this time and allow Camco to complete the job. The City Engineer updated Council on progress made by Camco. Staff then responded to concerns of Council on this and future projects, accountability of staff on contract failures, and putting procedures in place to prevent this type of matter in the future. 01.210 Status Report Regarding Indian River County's Position B .e...q...arding Future Park and Recreation Issues The City Manager reported on his meeting with County Administrator, Jim Chandler and Assistant County Administrator, Joe Baird regarding funding for future parks and recreation matters. He said their plan for fiscal year 2002/2003 includes no game plan other than to establish funding programs for unincorporated areas, and said, for the record, funding for Vero Beach will also be discontinued for that period. He said they also discussed previous attempts in 1992 and 1996 to establish a countywide recreation taxing district which, he said, they found laughable. The City Attorney said County staff is looking to establish recreation facilities in unincorporated areas which will also be utilized by City residents. City Council discussion followed relative to voicing some opposition to the county's plan to cut funding to the cities. Mayor Barnes suggested drafting a letter to express the City's position and City Council, by consensus concurred. 01.093 Parkin.a Issues at Barber Street Sports Complex to include Updates from Chief of Police, Jim Davis and City Engineer Ralph Brescia The City Manager, the Police Chief and the City Engineer, reported on staff recommendations to address parking issues in and around Barber Street Sports Complex. Chief Davis said he had received reports about parking at home soccer and football games at BSSC which can bring in up to 1000 vehicles a Saturday and noted that there are only 210 parking spaces on site. The Chief described a plan to put overflow parking on west bound lane of Tulip Drive and the south side of Atlantus Terrace up to Coverbrook Lane and west side of Coverbrook in south bound lane. He stressed to keep the parking on pavement. The Chief will have police presence and volunteer help. He developed an educational brochure to use instead of citations this Saturday and in future will send these brochures to coaches so they can share with team members. The City Manager discussed the possibility of the City's Parks and Recreation Division to do better scheduling of youth sports league games. The City Engineer stated there is simply a capacity problem and perhaps scheduling issues could be addressed rather than designing off-street parking for five crowded weekends per year. Regular City Council Meeting September 12, 2001 Page Four Mr. Hill suggested angled parking on Tulip, one-way Fairfield and allow parking on the east side of Fairfield. Mr. Bishop said side street parking scares him because of child safety issues. The City Manager stated some of this proposals will be included in the City's future capital improvement program. TAPE I - SiDE II (8:03 p.m.) Mr. Bishop asked staff to go to the field this weekend and do a comprehensive review of the parking problem. Mr. Majcher said he sees angled parking in many areas. Mayor Barnes suggested the site suggested for the Boys and Girls Club would make a great parking lot, and perhaps the Boys and Girls Club could go in the area behind City Hall proposed for purchase tonight. John Massung, 1109 Fairfield, Sebastian, submitted photos of Fairfield during a game and agreed with using the park property for parking. The Building Director arrived at the meeting and addressed the Camco restrooms, describing the inspection process and problems that were encountered with the contractor's lack of knowledge of codes. 9. CITY CLERK MATTERS None. 10. CITY COUNCIL MATTERS Mayor Barnes 1. Issues with Capital Sanitation Mayor Barnes cited copies of written complaints received regarding Capital Sanitation, and suggested a public meeting to allow people to state their views. The City Manager clarified that the complaints distributed tonight are only from 2001. City Council discussion followed and it was the consensus of Council to conduct a forum at the next council meeting to hear public input prior to any decision being made. B. Mr. Bishop None. C. Mr. Barczyk Absent. 4 Regular City Council Meeting September 12, 2001 Page Five D. Mr. Hill None. 11, 12. 01.202 E. Mr. Maicher Requested a lighting update at Schumann Tennis Courts. 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 8/22/01 City Council Workshop Minutes B. Approval of 8/22/01 Regular Council Meeting Minutes C. Approval of 8129101 City Council Workshop Minutes D. Approve Patrick Pacers Volkssport Club 5K or 11 K Walk (Parks Transmittal 9/5/01, Letter from Mr. Aycock, Walk Directions) MOTION by Majcher/Hill "1 make a motion to approve consent agenda item A, B, C, and D." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr, Hill - aye MOTION CARRIED 4-0 Mayor Barnes called recess at 8:28 p.m. and reconvened the meeting at 8:42 p.m, members present at roll call were present when the meeting reconvened. PUBLIC HEARING All Ordinance No. O-01-21 CLUP Amendment School Siting (GMD Transmittal 8/29!0.1, O- 01-21, Paragraph 163.3!..77(6) (a) F.S. AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, AMENDING THE COMPREHENSIVE PLAN TO PROVIDE SCHOOL SITING CRITERIA; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. Mayor Barnes opened the public hearing at 8:43 p,m. and the City Attorney read Ordinance No. O-01-21 by title. 5 Regular City Council Meeting September 12, 2001 Page Six The Growth Management Director gave a brief presentation and being no input, Mayor Barnes closed the hearing at 8:44 p.m. MOTION by Bishop/Hill "1 move to pass Ordinance No. O-01-21." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-0 01.172 Ordinance N_o_. 0-00-05, CLUP Amendment to Industrial (IN) CNK, Inc. 14.85 Acres (GMD Transmittal 8/29/0,,1, 0-00-05, Application for Comprehensive Land Use Change, Location Map, Staff Report and P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA PROVIDING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (IN) FROM LOW-DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Mayor Barnes opened the public hearing at 8:45 p.m. and the City Attorney read Ordinance No. O-01-21 by title. Applicant Christopher Kirrie requested this item be postponed for attendance by full Council. The City Attorney advised that the applicant may request a continuance. MOTION by Barnes/Majcher "1 move to continue Ordinance No. 0-00-05 to the meeting of September 26, 2001 ." ROLL CALL: Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - nay Mayor Barnes - aye Mr. Bishop - nay MOTION TIED 2-2 (no vote) The City Attorney advised that, in light of the vote, the hearing be conducted tonight. The Growth Management Director stated that the state's school siting criteria required this land use amendment be re-advertised and council would need to re-adopt it. Regular City Council Meeting September 12, 2001 le Seven Jackie James, Roseland, objected to the proposed change to industrial based on its incompatibility to surrounding properties and proximity to the County conservation area. Blakeman Smith, Roseland, objected to the change to industrial based on its inconsistency with the City's comprehensive land use plan. Joan Reed, Roseland, said she did not want to see the change and read a prepared statement from Barbara Banfield, Roseland, objecting to the change. Kathlene Coley, Roseland, was sworn in as requested by the City Attorney, and presented an historic property survey for the record (see attached). Holly Dill, President of Roseland Property Owners Association, objected to the change to industrial. Fred Mensing, Indian River County with a Sebastian address, exhibited the subject property on a City zoning map and described surrounding property uses and how these properties were zoned in the past and the benefits the surrounding properties would recieve. TAPE II - SIDE I (9:19 p.m.) Mr. Mensing continued his input, recommending approval of the change based on no negative impact on surrounding areas. Christopher Kirrie, said the impact to the area from this industrial use will be minimal, that the county prohibits residential building at the end of a runway, and stated that the surrounding property was industrial when he purchased the site. He said the conservation area would also benefit being next to industrially zoned property, the use of the airport must be related to aircraft industry, and that access is being considered at 130th Street. In response to Vice Mayor Bishop, Mr. Kirrie replied that he did not own the property but it was under contract. The Growth Management Director gave a brief presentation on the proposed land use change to industrial, noting this property was zoned industrial when they started the process over a year and a half ago, said the County obtained the land and rezoned it to habitat conservation, that there are some concerns for residential use because it is at the end of runway 4-22, and that the County would not allow residential at the end of the runway if this property were in the County. Mayor Barnes closed the public hearing at 9:30 p.m. 7 Regular City Council Meeting September 12, 2001 Page Eight In response to Council questions, the Growth Management Directed replied that the County has 130th closed off, the applicant has a deed which will give him access to 130th, that up to 14 homes could be built on the property, that FAA objects to residential zoning and does not recommend industrial zoning for fear of smoke obstructions, however, the City's code prohibits the discharge of smoke. He said the FAA would not object to the building of homes because there is not an immediate danger zone. MOTION by Hill/Bishop "1 would move to deny Ordinance No, 0-00-05." ROLL CALL: Mr. Majcher - nay Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent MOTION FAILED 1-3 01.099A Co Ordinance No. O-01-09 Davis CLUP Amendment. (GMD Transmittal 8/29/01, 0~.0.1-09, Application for Land Use Change, Location Map, Staff Report, P & Z Recommendation, and DCA (ORC) Report) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATION OF MEDIUM DENSITY RESIDENTIAL (MDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 6 UNITS PER ACRE (L- 2) FOR LAND CONSISTING OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Mayor Barnes opened the public hearing at 9:40 p.m., and the City Attorney read Ordinance No. O-01-09 by title. The Growth Management gave a brief presentation on this enclave and recommended readoption. Being no further input, Mayor Barnes closed the hearing at 9:41 p.m. g Regular City Council Meeting ~l~eptember 12, 2001 age Nine MOTION by Bishop/Hill "1 move to re-adopt Ordinance No. O-01-09." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye MOTION CARRIED 4-0 13. 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, asked why the City is being so lenient with Camco, said the City should not purchase the property behind City Hall because it did not need any more recreation area, and suggested letters be sent to all Capital customers. Lisanne Monier, Sebastian, urged that Council endorse lowering the speed limit on US 1. The City Manager said he could arrange a meeting with FDOT officials along with Ms. Monier, and a City Council member. It was the consensus of Council to concur with the recommendation and have the meeting scheduled. 14. COMMITTEE REPORTS/RECOMMENDATIONS Vice Mayor Bishop reported on the last County Commission meeting relative to the US 1 water project, whereby the bids came in considerably high, FDOT was not cooperating in coordinating this project, that the project is going back to bid and possibly putting it in a different location. The City Manager further advised that late July he facilitated a meeting to establish a consensus on plans. The most recent alternative is to implement the program west of US 1. 15. OLD BUSINESS 01.172 First Reading - Ordinance No. O-01-22, Re...z. oning CNK Inc. 14.85 Acres (City Attorney Transmittal 9/6./.01, O-01-22, Application for Rezoning,..Location Map, Staff Report and P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOTS 16, 27 & 28, SECTION 30, FLEMING GRANT, CONTAINING 14.85 ACRES MORE OR LESS, FROM RE-40 TO IN (iNDUSTRIAL); PROVIDING FOR CONFLICT AND EFFECTIVE DATE. The ordinance was read by title and recommended for non-approval by the City Attorney. 9 Regular City Council Meeting September 12, 2001 Page Ten MOTION by Hill/Bishop "1 move to deny Ordinance O-01-22." ROLL CALL: Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill - aye - aye - absent - aye - aye MOTION CARRIED 4-0 16. NEW BUSINESS 01.182 Authorize City Manager to Execute FRDAP Grant Agreement for Riverfront Property Acquisition (City Manager Transmittal 8./,2..,3/01, Grant Agreement) The City Manager gave an explanation of this grant agreement. MOTION by Majcher/Hill "1 move to approve the authorization of City Manager to execute the FRDAP grant local agreement for riverfront property acquisition-what is the resolution number-- move to authorize city manager to execute Florida Department of Environmental Protection Florida Recreational Assistance Program Project Grant Agreement Contract No. F0370." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-0 01.149 Approve Street Closings and Alcoholic Beverages for Second Annual Fine Arts & Music Festival (Parks Transmittal 9/5/01, Memo from.. Parks Superintendent) Lisanne Monier, briefly addressed Council on the request for street closings, and beer sales in the park by the Chamber of Commerce. MOTION by Bishop/Majcher '1 move to approve the closing of Indian River Drive to Coolidge Street south to Harrison Street and Fellsmere Road east of the Hess Station of Indian River Ddve from 3:00 p.m. Friday 12/14/01 until 5:00 p.m. Sunday 12/16/01 and I would also move to approve beer sales for the entire Festival area of Riverview Park on Saturday 12/15/01 from 10:00 am to 10:00 pm on Sunday, oh excuse me on Saturday and on Sunday 12/16, 12/16/01 from 10:00 am to 5:00 pm." ]0 Regular City Council Meeting September 12, 2001 Page Eleven ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop - absent - aye - aye - aye - aye MOTION CARRIED 4~0 01.211 Award Bid for Schumann Tennis Court 5 and 6 Resurfacing to Froehlin(~'s/Papico of Palm City, FL in the Amount of ~8,7.00.00 (Parks Transmittal 9/5/01, Bid Tabulation Form) The Parks Superintendent briefly updated City Council on the project. The Superintendent responded to Mr. Majcher's court lighting query, stating the new lights are operational and he plans to replace the old lighting with a request to Council on 9/26/01. MOTION by Majcher/Bishop "1 move to approve the Iow, the Iow bidder Froehling's and Papico of Palm City, Florida to resurface courts #5 & 6 at the Schumann Tennis Park in the amount of $8,700.00 and all work to be done in accordance with the technical specifications in the bid package." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent MOTION CARRIED 4-0 01.212 Consider Purchase of 9.34 Acre Vacant Land Behind .City Hall (City Mana.cler Transmittal 8/30/01, Map, P.a,qes 7-1 and 7-2 of Chapter 7 C0mD Plan, Contract) The City Manager briefly described proposed future recreational uses and recommended approval of the purchase. Carolyn Corum, Dolores Street, Sebastian, said she was concerned about buying land not knowing what the City wanted to do with it. She suggested letting the County buy it and asking for a portion for the Boys and Girls Club. The City Manager said the County had no interest in joint recreation partnerships, and that the City has comprehensive plan amendment requirements to meet for future recreation. Regular City Council Meeting September 12, 2001 Page Twelve Byron Elsebough, Sebastian, discussed parking problems at Barber Street, suggested using the park property adjacent to Fairfield for parking, and recommended facilities for older residents. TAPE II - SIDE II (10:20 p.m.) City Council discussion followed on the purchase, use for the Boys and Girls Club, and use of the Barber property for off street parking and passive park use. MOTION by Majcher/Bishop "1 make a motion that we extend the meeting only till 10:40 because I have to be back to work, I took off to be here because of the situation our country is going through." Mayor Barnes confirmed the motion is for 11:00. ROLL CALL: Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-0 MOTION by Bishop/Majcher "1 move to authorize City Manager enter into a contract to purchase 9.34 acres of property located behind City Hall pending budget authorization closing, with the closing occurring in October 2001 ." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-0 01.213 Approye Prior Travel Expenses for Ed Majcher - Republican Women of Indian River Federated Star Spaq.,qled Celebration (City Clerk Transmittal 9/6/01, Ticke..t.s and !nfo) This item had been removed under Agenda Modifications. 01.214 Review December City Council Meeting Dates and Reschedule if Necessary (City Clerk Transmittal 9/6/01, ..Calendars) Regular City Council Meeting September 12, 2001 Page Thirteen MOTION by Hill/Majcher "1 move to cancel the December 26, regular council meeting. ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent MOTION CARRIED 4-0 01,173 First Reading of Ordinance No. O-01-23 - RePe.a!.i.n.g. Recreational Advisory Board ..L_a.n__.c~uac~e - Schedule Public Hearin(~ for 10/10/01 (City Attorney Transmittal, O-01-23) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING CODE OF ORDINANCES ARTICLE VI., DIVISION 3, RECREATIONAL ADVISORY BOARD, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The ordinance title was read by the City Attorney and briefly explained. MOTION by Bishop/Hill "1 move to pass Ordinance No. O-01-23 and schedule a public hearing for October 10th.'' ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye MOTION CARRIED 4-0 01.173 Resolution No. R-01-65 - Establishin.q Temporary Parks and Recreation Advisory Committee (City Attorney Transmitta.! 9/6/_0..!.,. R-01-65) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FORMULATING TEMPORARY PARKS AND RECREATION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The resolution title was read by the City Attorney and briefly explained. 13 Regular City Council Meeting September 12, 2001 Page Fourteen MOTION by Hill/Majcher "Move to adopt Resolution No. R-01-65" ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 4-0 Vice Mayor Bishop announced he will formally resign from City Council effective September 26, 2001 pending the sale of his house. The City Attorney suggested that this be the last item on the agenda on September 26, 2001 and appointing a new member be the last item. The Charter provides that the Council appoints the replacement without procedural details. 17. Being no further business, Mayor Barnes adjourned the meeting at 10:40 p.m. Approved at the~, 2001 Regular Council Meeting. Mayor Sally A. M~ie~, CMC City Clerk 14