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HomeMy WebLinkAbout07232003 REGULARCI1¥ Of HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 23, 2003 - 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. Invocation was given by Father Noel McGrath, St. Sebastian Catholic Church. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Records Management Specialist, Jennifer Maxwell City Engineer, Dave Fisher Stormwater Engineer, Ken Jones Growth Management Director, Tracy Hass Police Captain, Dave Puscher Human Resources Director, Jim Sexton Public Works Director, Terry Hill General Services Director, Paul Wagner Regular City Council Meeting July 23, 2003 Page Two 03.154 O3.155 1-10 11~14 03.156 15-16 03.157 17-18 03.041 19-20 03.158 21-32 03.025 33-60 03.095 61-~ AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a unanimous vote of City Council members (R-03-14) None, PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A Certificate of Appreciation to Ruth Davies for Tree Board Service Mayor Barnes presented a certificate of appreciation to Ruth Davies. B. Certificate of Appreciation to John Carroll for Planninq & Zoning Service Mayor Barnes presented a certificate of appreciation to John Carroll. 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 Regular Meeting Minutes - 7/9/03 B. Approval of Workshop Minutes - 7/9/03 C. Authorize City Clerk Travel to FlOG Leadership Class at Palm Beach Community College on September 4, 2003 (City Clerk Transmittal 7/8/03) D. Authorize City Clerk Travel to Master Municipal Clerk Academy in Altamonte Springs, October 15-17, 2003 (City Clerk Transmittal 7/8/03) E. Authorize Payment to Waste Management, Inc. for Emergency Residential Services for Month of June 2003 in Amount of $40,850.00 and Establish Accounts Receivable for Expenses Recouped (City Manager Transmittal 7/16/03, Invoice) Authorize Interlocal Agreement Creating the Indian River Crime Laboratory Advisory Council (City Manager Transmittal 7/16/03, Agreement) Revisions to the Master Stormwater Plan to Include Conversion of Canal Conveyance System to Wet Detention System (Stormwater Transmittal 7/I 1/03, Master Stormwater Management Plan Revisions) Authorize Controlled Burning Activities by Forte Macauley Development for Sebastian River Landings Subdivision (GMD Transmittal 7/15/03, Code) 2 Regular City Council Meeting July 23, 2003 Page Three 03.159 I. ~-80 Authorize the Purchase of Two Playgrounds from Contract Connections of Jacksonville Beach for $34,853.20 for Filbert Street Park and $25,554.00 for George Street Park Based on Palm Beach County School District Bid #01C-122B (Public Works Transmittal 6/16/03, Quotes & Drawings) Mr. McCollum removed item H. MOTION by Barczyk/McCollum "1 move to approve items A, B, C, D, E, F, G and I." Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill ~ aye Mr. McCollum - aye Roll Call carried 5-0 Item H - Burn Permit for Sebastian River Landinqs Mr. McCollum requested that if the drought index reaches 500, the burning cease; and asked if the air curtain incinerator would be on the site. Timothy Jelus, 1688 West Hibiscus, Melbourne, said the incinerator would be on-site. MOTION by McCollum/Coniglio "1 would go ahead and make a motion to approve item H with the understanding that if the drought index reaches 500 the burning would stop." Mr. Jelus requested City Council to consider an 800-foot setback to place the controlled burn in the center of the property. Mr. McCollum and Mr. Coniglio added, "that the setbacks be 800 feet with staff discretion", to the motion. Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill ~ aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 5-0 The City Attorney said he would forward this issue to staff and see if they might want to look at the required setback again. 3 Regular City Council Meeting July 23, 2003 Page Four 8. COMMITTEE REPORTS/RECOMMENDATIONS - None 9. PUBLIC HEARING - None 10. 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 None. All who had signed asked to speak during the discussion on the train station. 11. OLD BUSINESS 03.160 81-86 Authorize Amendment #1 in the Amount of $114,000 for Increased Scope of Work and in the Amount of $200,997 for Increased Work to Include Municipal Park and Western Community Buildinqs to REG Architects as well as Update Regardin.q Progress of Development of New Sebastian Municipal Complex (GSA Transmittal 7/16/03, Amendment #1) The City Attorney said for the record, the amendment number should be one rather than three and four as indicated on the agenda. The City Manager described the inclusion of the nine-acre parcel called the Sebastian City Park in the design of the new Municipal Complex. Rick Gonzalez, REG Architects, addressed City Council on the proposed design of the park, as had been provided to each member with this agenda packet under separate cover. Mike Beaumier, Suffolk Construction, updated City Council on the development schedule for the City Hall and Police station. He said the goal is to come before Council on August 27. The City Manager reported groundbreaking is scheduled for August 28th. City Council members commented favorably on the design. Mr. Gonzalez said more than four tennis courts would eliminate some of the other planned recreation areas. The City Manager said there has been no firm commitment from Indian River County to start their park project to the west; Parks and Recreation will receive copies of this plan for their meeting next Monday; and clarified for Mr. Hill that there was money budgeted for this park property in the original bond issue, and these are not cost overruns. Discussion took place on the single ballfield proposed and Mr. Gonzalez said Parks and Recreation recommended a field to be used both for baseball and softball. He said the field could also be used for soccer. Regular City Council Meeting July 23, 2003 Page Five MOTION by Hill/Coniglio "1 move to authorize amendment #1 to agreement between the City of Sebastian and REG Architects, Inc." Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 5-0 03.007 87-90 Approve Award and Execution of Construction Contract for Two New Piers and Related Shoreline Restoration at Riverview Park to Summerlin Seven Seas in the Amount of $258.035 (GSA Transmittal 7/15/03, Bid Tab) The City Manager briefly explained his recommendation to award the contract to Summerlin Seven Seas, and responded to questions from Council. He said there is no plan for a kayak launch, but there may be an opportunity in the future for overnight docking. MOTION by McCollum/Barczyk "1 move to approve the award, and execution of a construction contract for two new piers and related shoreline restoration at Riverview Park to Summerlin Seven Seas, in the amount of $258,035." Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Roll Call carried 5-0 5 Regular City Council Meeting July 23, 2003 Page Six 03.136 C. 91-96 Update Reqarding Potential Historic Train Depot Locations (GMD Transmittal 7/16/03, Map) The City Manager discussed additional site options that have been presented for Colonel Jordan Park and Riverview Park expansion area. He noted to their need for retention. In regard to the original station location, he said he had spoken with the real estate agent and they are interested only in monetary sales; further stated that locating it in its original location on Main Street would qualify it for a National Historical Register designation, and the asking price is $170,000. He requested direction from Council to spend the next few Weeks pursuing partnerships with other businesses in the area. Ruth Stanbridge, former Indian River County Commissioner and historian, said she spearheaded the renovation of the Vero Beach train station in 1984, which ultimately ended up in its being included on the National Historic Register. She noted what Sebastian has is the freight station, the depot portion having been burned in 1984 or 1985. Mrs. Stanbridge described available federal scenic highway funds, with a grant cycle, which begins in September; and that she could check to see if they fund property costs, since, as the Mayor stated, most of the renovation is being contributed. The City Manager noted water assessment fees would be another expense. Mr. Hill discussed partnerships with property owners adjacent to this property, and use of grant funds. Mr. McCollum said site number one would be his preference followed by number four. TAPE I - SIDE II The City Manager said he will pursue financial resources and will come back within the next several weeks with a recommendation. Mrs. Stanbridge recommended the City submit a preliminary National Register questionnaire. Mr. Coniglio recommended moving the building only once, and Mrs. Stanbridge concurred that restoration must take place on the site where it will be located. Lisanne Monier, Old Opera House Gallery, said it is important for the City to consider municipal parking in that area; however, she would not have direct access to the lot due to the church property in between. She discussed developing a downtown village area there to tie in with the Bruno property. Shirley Kilkelly said she was in favor of this project. Baxter Coston agreed that the train station should be in its original location and parking is needed downtown. He encouraged Council to restore the old downtown area. Mayor Barnes called recess at 8:13 p.m. and reconvened the meeting at 8:24 p.m. All members were present. 6 Regular City Council Meeting July 23, 2003 Page Seven 12. NEW BUSINESS 03.161 A. 97-102 Consider the Authorization of the Sebastian River Area Chamber of Commerce 4th Annual Flats Fishing Tournament at Ashford T. Jordan Park on October 31, 2003 from 3:00 p.m. until 9:00 p.m. and on November 1. 2003 from Noon until 7:00 p.m. also Authorize Closing Main Street on October 31, 2003 from 3:00 p.m. until 7:00 p.m. and November 1, 2003 from 3:00 p.m. until 7:00 p.m. (Public Works Transmittal 7/15/03, Application, Letter) The City Manager said along with the request came a request to allow beer and wine, which by code is only allowed at city-sponsored events, thus the item is placed under new business. Beth Mitchell, Executive Director, Sebastian River Area Chamber of Commerce, introduced Ben Bishop and Joe Falzone, and described the fundraising event and sponsors of the event. She requested that Main Street be closed for the length of the entire event rather than as stated in the transmittal, and that boats will be allowed access to the boat trailer parking lot behind the old Chamber building. The City Manager said staff did not think there would be much impact from the road closing. Mr. Hill said while he appreciates the relationship with the Chamber of Commerce, he is concerned with the sale of alcohol since this is not a city-sponsored event. The City Attorney said he did not know of any restriction in the Chamber building lease on serving and consuming within the building. Mayor Barnes said this could open up a bag of worms, but maybe Council could look at the ordinance. Mr. Coniglio said he had mixed emotions about alcoholic beverage sales at first, but that it might be more of a problem with people walking to an adjacent bar and bringing it back. He agreed that maybe Council can look at the ordinance. Ms. Mitchell said t- shirts would be the only other sales. Ben Bishop said it has been shown in the past that these types of events can be held without problems. He said maybe now is the time to look at these regulations again and take the next step to allow these uses with proper security. He said he would be happy to hire a police officer. MOTION by Barczyk/Coniglio "1 make a motion to move to approve Sebastian River Area Chamber of Commerce 4th Annual Flats Fishing Tournament at Ashford T. Jordan Park from 3 pm u,qti! 9 pm on Friday, October 31, 2003 c,",d from ,qoo,q until 7 pm on Saturday, November 1, 2003. Also move to approve the closing Main Street from 3 pm Friday, October 31, 2003 until 7 pm Saturday, November 1, 2003." Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Roll Call carried 5-0 Regular City Council Meeting July 23, 2003 Page Eight 03.162 103 B. City Attorney Performance Evaluation (HR Transmittal 7/16/03) Mr. McCollum read his evaluation into the record, noting he rated him as excellent. Mayor Barnes said Rich was doing a fine job. Mr. Coniglio said he meets or exceeds his expectations; and said he hates to see Mr. Stringer leave. He advised that he had asked for all Charter officer contracts and noted that Mr. Stringer ended up with two pension plans from the City, that an attorney never signed his agreement and perhaps this could be looked into in the future. Mr. Barczyk said anytime he needed information it was made available to him and he is a good lawyer. Mr. Hill said Rich is a great asset to the City. The City Manager said it has not been determined what cost of living increases will be at this time, but that it should be determined in September. It was discussed that any raise would be retroactive to the anniversary date. Mr. McCollum said all charter officer contracts should be consistent. The City Attorney explained that when he was hired there was a 3-2 split on a full-time attorney, in negotiations he was given $60,000 based upon the existing city manager contract, and that it was recommended by the former City Manager that he include language relative to a second pension plan being considered as a trade-off for taking other items away. MOTION by Hill/McCollum "1 move to give 3.5%." Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - nay Mr. Hill - aye Mr. McCollum - aye Roll Call carried 4-1 13. CITY ATTORNEY MATTERS Reported on recently adopted Resolution No. R-03-22 regarding building permit fees, requesting that staff be directed to suspend the resolution until September 1, 2003 and bring back a revised resolution. City Council concurred by voice vote 5-0; and said he would provide a comprehensive memo regarding the Capital Sanitation issue. 14. CITY MANAGER MATTERS Reported that Greens Plus concerns will be addressed at the August 27, 2003 meeting and that they have been directed to remove their temporary sign until they submit a site plan; reported on a request from Lifestyle Skate Shop to host an event on August 9, 2003 at the Skateboard Park, at a cost of $5 per participant. He distributed a flyer for the event. With assurance that there were no legal issues, there was no objection from Council. Regular City Council Meeting July 23, 2003 Page Nine Clarified budgetary concerns, stating that the budget document given to the Budget Advisory Committee was not in fact the final proposed budget; and that the final proposed budget will be submitted to the City Council on July 25th. He then explained use of trend analysis regarding position costs, which he stated is a very common practice when preparing a budget. He said the proposed budget will contain adjustments for all staff except PBA equivalent to 3%, and that anything approved above that can be handled by budget adjustments from non-departmental. TAPE II - SIDE I (9:14 p.m.) The City Manager continued his input. He said once the CWA agreement is completed, exempt employee salary step increases would be addressed. He reported that these issues will be addressed with the Budget Advisory Committee tomorrow night and that City Council will receive its proposed budgets on Friday. 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS A. Mr. McCollum Recommended that the 500-drought index be included in the burn permit code language to alleviate having to pull a burn request each time. Recommended a better process for charter officer evaluation, whereby the evaluation is placed on an agenda, eliminates the paperwork, and each City Councilmember gives comments. Mayor Barnes recommended maintaining a written evaluation but that a firm time limit is given for submittal of evaluations. B. Mayor Barnes Discussed concerns expressed to him regarding approval of 50 foot lots in Sebastian River Landings. He noted that even with 50 foot lots the density is still lower due to PUD open space requirements. He said he brings this up because of concerns and asked if Council wants to add language to the code regarding minimum lot size. Discussion took place on the smaller lot size being appropriate in specific areas within PUDs and it was noted that there are several developments such as Collier Club and Tradewinds, and no further action was taken. Mayor Barnes assigned City Council members to Indian River County Commission meetings as follows: Barnes/August; Coniglio/Sept; Barczyk/October; McCol!um/November; Hill/December; Barnes/January (Following this meeting Mayor Barnes reassigned Mr. Barczyk to August and Mayor Barnes will take the October assignment) Regular City Council Meeting July 23, 2003 Page Ten Reported on a call he had from property owner regarding his seawall. The City Manager said he had spoken to the resident and advised them that seawall maintenance in this area is a private maintenance issue, and that only canals on the north side of 512 within city right-of-way will be repaired through a partnership with the city doing the physical labor and the property owner bearing financial responsibility as soon as written policies are in place. Said he was approached by a property owner who requested to abandon a small city right-of- way near Day Street. He was advised that this right-of-way cannot be abandoned. C. Mr. Hill Asked someone to look into the new floating barge being used as a bar at Fin's Restaurant and report back to Council. The City Manager said he would make arrangements with Code Enforcement and Growth Management. D. Mr. Coni.qlio Requested an update on Fin's crosswalks and the City Manager said a budget adjustment would be required and that he would report back on it. Requested that the item regarding his request for an advisory board be removed from the pending list. Asked that the issue of the attorney's pension plan be placed on the next agenda with documentation. E. Mr. Barczyk Asked if the flashing crosswalk lights are checked, and the City Manager said they are replaced periodically. Commended Mr. Hass for maintaining his composure at last Thursday's P& Z meeting on Serenity Lakes. 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:41 p.m. Approved at the August 13, 2003 Regular Council Meeting. Walter W. Barnes Mayor Sally A. Maio, C/I(/IC ! City Clerk J 10