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HomeMy WebLinkAbout022320052. 3. 4. HOME OF PEUCAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 23, 2005 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Council Member Monier, A moment of silence was held. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Staff Present: Interim City Manager, Jim Davis City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams MIS Technician, Barbara Brooke Airport Director, Jason Milewski City Engineer, David Fisher Golf Course Director, Greg Gardner Public Works Director, Terry Hill Regular City Council Meeting February 23, 2005 Page Two 05.003 05.058 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R.04-26) The City Attorney reported that Resolution No. R-05-06 for Spencer preliminary plat had been advertised for public hearing but inadvertently left off the agenda, and advised Council to add the item to the agenda under the heading of public hearing, and when addressed, move to continue the hearing to a later date. On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, Resolution No. R-05-06 was added to Public Hearings item A on a roll call of 4-0. PROCLAMATIONS~ ANNOUNCEMENTS~ PRESENTATIONS A. Certificate of Appreciation to Employee of the 4~h Quarter Ernest "Bucky" Gerber was awarded Employee of the Quarter for his hard work and dedication following the hurricanes. Collier Creek Waterway Improvement Proqram Presentation by Representatives from Camp, Dresser & McKee The City Engineer introduced Eric Grotke, CDM who gave a PowerPoint presentation (see presentation printout attached to minutes). The City Attorney said the City will be looking at some type of assessment for property owners. Mr. Groetke said some of the existing seawall material may be questionable and it would be best covered. All members agreed with option #3 for aesthetic, safety and cost reasons. Mayor McCollum said he would like to see an educational workshop held with the property owners who will be affected by this project, not necessarily attended by Council, but by mail notification and conducted much the same as tonight's presentation. The City Engineer said staff will provide a packet when it sends out the notification. The Interim City Manager said there is a presentation by the City's financial consultants, which can take place at the same time. Regular City Council Meeting February 23, 2005 Page Three 1-11 13-18 05.059 19-26 05.060 27-42 = 05.004 43-46 05.061 47 05.056 49-60 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 - 2/9/05 Regular Meeting Approval of Minutes - 2/10/05 Workshop Resolution No. R-05-08 Authorizing the Acting City Manager to Execute a Florida Department of Transportation Supplemental Grant Agreement in the Amount of $36,066 for Taxiway "A" and Construction of Aircraft Parking Apron (Airport Transmittal 2/15/05, R-05-08, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE A SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO PROVIDE FUNDING TO REHAB TAXIWAY A AND APRON AND CONSTRUCT ADMINISTRATION BUILDING APRON; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-05-09 City of Sebastian Public Broadcast Policy (City Clerk Transmittal 2/16/05, R-05-09, R-03-55) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A "CITY OF SEBASTIAN PUBLIC BROADCAST POLICY", PROVIDING FOR FUTURE AMENDMENTS IN ACCORDANCE WITH UPDATED TECHNOLOGY AND PROGRAMMING ABILITY AND APPROVED BY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Authorize the Acting City Manager to Execute "Release of All Claims and Indemnity" Form from Florida Power & Light Company in Exchange for a $141,338.12 Cash Settlement for Hurricane Staging Damage at Sebastian Municipal Airport (Airport 2/15/05, Release) Waive Bidding Process and Approve Special Services Agreement with Craig Jerome at $40.0 Per Hour, Not to Exceed $1,000.00, for Audio/ Visual System Maintenance (City Clerk Transmittal 2/16/05) Authorize One-Year Contract Extension by Execution of Engagement Letter by Acting City Manager for Fiscal Year 2004/2005 Audit by Hoyman, Dobson & Company, PA (Finance Transmittal 2/11/05, Letter) 3 Regular City Council Meeting February 23,2005 Page Four 05.062 H. 61-63 05.063 I. 65-67 05.064 J. 69-70 05.065 K. 71-72 05.066 L. 73 05.067 M. 75-76 Approve Alcoholic Beverages and Door Charge at the Community Center for the Welcome Wagon Club of Sebastian Annual Variety Show Fundraiser on March 12th, 2005 from 6:00 pm to 10:00 pm (Public Works Transmittal (2/14/05, Application, Receipts) Approve Alcoholic Beverages at Community Center for Durkee Wedding Reception on March 5, 2005, 6:00 pm to 10:00 pm (Public Works Transmittal 2114105, Application, Receipts) Waive Competitive Bidding Process and Approve the Replacement of the Community Center's Roof with Seam Metal Roof from Sun Sky Roofing from Vero Beach in the Amount of $35,053.00 and Approve the Replacement of the Yacht Club's Roof with 5V Metal Roof from Feazel Roofing from Fort Pierce in the Amount of $10,660.00 (Parks and Recreation Transmittal 2/'16/05, Tab Sheet) Authorize Change Order No. 1 to Capp Custom Builders, Inc. for Additional Hurricane Repair Work at Golf Course in the Amount of $20,541.67 (Golf Course Transmittal 2/16/05, Change Order) Authorize the Appropriation of $35,000 from the Capital Projects Savings to Construct a Generator Room and Install Generator at City Garage (Public Works Transmittal 2/14/05) Authorize the Appropriation of $544.17 from Capital Surveillance Equipment for Total Expenditure of $6,044.17 for Purchase of Three Radios & Associated Equipment for Police Department from Communications International (PD Transmittal 2/4/05, Quote) On MOTION by Mr. Coniglio, and SECOND by Ms. Monier all except items D and J were approved on a roll call vote of 4-0. Item D - Policy Mayor McCollum recommended that there be an appeal policy to the City Council after review of non-profit organizations who request placement on Channel 25 and website and are denied by the Committee set out in the policy. On MOTION by Mayor McCollum and SECOND by Mr. Barczyk item D was approved with that amendment on a roll call of 4-0 4 Regular City Council Meeting February 23, 2005 Page Five Item J - Roof Repairs Mayor McCollum questioned why the project was not bid and the Public Works Director responded that the project was bid out with three responses, but not "sealed bid" due to the current demand for roofers to expedite the repairs. On MOTION by Mayor McCollum and SECOND by Mr. Barczyk item J was approved on a roll call of 4-0 8. COMMITTEE REPORTS/RECOMMENDATIONS 05.018 77-83 Community Redevelopment Advisory Committee Alcohol Sales in Proximity to Churches/Schools; CRAC Recommendation & Chamber Comment (Letter, Minutes Excerpt, Draft Ordinance) The City Attorney explained recommendations from the Community Redevelopment Advisory Committee (CRAC) recommendation as set out in a draft ordinance he provided for Council's review. Mayor McCollum also noted there is a letter from Beth Mitchell on behalf of the Chamber of Commerce. Damien Gilliams requested that the record reflect that the ordinance include a provision that the alcohol volume will not exceed a certain percentage. The City Attorney stated it was included by a cross-reference to the Florida Statutes, which is approximately 12 proof. Rev. Edwin Creel, asked why the ordinance was changed back to 450 feet (in 1983), and recommended it remain as it is. Sal Neglia stated the CRAC recommendation included that existing churches be grand fathered in. The City Attorney stated per Florida Statutes fortified wine has more than 17.259% alcohol. Kenny Lee, said the code should not be changed for one person. Andrea Coy, said existing churches should be grandfathered under the existing 450 feet to protect them and it was her experience that neighboring businesses do not rely on restaurants serving alcohol to survive. Oscar Loudermilk, deacon of Baptist Church was strictly against the sale of alcohol near the churches. Regular City Council Meeting February 23, 2005 Page Six Tape 1, Side II, 8:02 pm Damien Gilliams said there should be a cap on the alcohol content not to exceed 6%. Louise Kautenberg, Sebastian, said rules change on a regular basis in all areas of our lives as are appropriate to the times. She noted the vote of CRAC was unanimous. Pastor Ron Thomas, Sebastian, asked what it takes to get through to Council, cited the petition presented representing approximately 900 people, questioned Beth Mitchell's comments about concern about attracting business, and objected to any change in the existing ordinance. Ms. Monier stated this issue did begin with one person but became a citywide issue, said this ordinance could cripple the city, and cited state law that allows restaurants next to any church or school. She said she agreed there should be no bars, said the petition included names of people not from Sebastian, and she concurred with the draft ordinance presented. Mayor McCollum said this needs to have an end, that there will not be a vote tonight because there needs to be a first reading and then a public hearing, and Council can change whatever it deems appropriate at that time. He said in speaking to the City Attorney that it is not a good idea for one Council to have a f rst reading and then another Council adopt after the election, and suggested that the City Attorne[ be directed to bring an ordinance to the March 23rd for first reading and April 13 the public hearing. He further agreed that existing churches should be grandfathered. Mr. Barczyk said he would like to hold off and let a new Council deal with this. Mr. Coniglio said he had hoped for a compromise on this by the two groups, but agreed that it should be held over for a new Council. He reiterated the unanimous vote of CRAC on this issue. Mayor McCoilum said for the record it was the City Attorney's suggestion and not his. The City Attorney said by consensus he can place this on the March 23rd agenda. Mayor McCollum directed the draft presented tonight be brought to the new Council on March 23rd . Mr. Coniglio asked that the CRAC minutes be provided Regular City Council Meeting February 23, 2005 Page Seven and Mayor McCollum asked that the minutes be placed on the city website. The City Clerk said they could. The City Attorney said no motion was necessary and he had a consensus. Mayor McCollum called recess at 8:30 p.m. and reconvened the meeting at 8:40 p.m. and all members were present. 9. PUBLIC HEARING New Resolution No. R-05-06 - Spencer Preliminary Plat (added to the agenda under Agenda Modifications due to prior legal notice On MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio the public hearing on Resolution No. R~05-6 was continued to March 9, 2005 on a roll call vote of 4-0. 05.068 85~99 Resolution No. R-05-07 Sale/Abandonment of Two City Right of Way Parcels to Robert Collins Development Project (GMD Transmittal 2/16105, R-05-07, Map, Application, Public Notice, Attorney Opinion) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING A PORTION OF PLA'FrED RIGHTS-OF-WAY FOR 10TM STREET (MADISON STREET) AND 11TM STREET (JACKSON STREET); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title and advised on procedures for abandonment of platted rights-of-way. He said Mr. Collins had an appraisal done on this property and it came out to about $115,000 worth of sellable property however since the original owner, Ocean Breeze Heights Subdivision gave the City the rights-of- way for road maintenance, it cannot be sold. He stated the only use for the rights-of-way would be for internal access within the project and pond and staff recommended putting the land back on the tax rolls. Damian Gilliams clarified by explanation of the City Attorney that the right-of-way goes back to the current owner not the original owner. He recommended that the property be assessed and find out if other adjacent property owners have an interest because it is not going back to the original owner. The City Attorney reiterated as a matter of law, the City cannot sell this property. Carolyn Corum recommended the property be left as a green space for tourists to see uplands ~ mile from the lowlands. Regular City Council Meeting February 23, 2005 Page Eight Louise Kautenber9, asked if the City would have to build a bridge and maintain the road if it kept the property. The City Attorney said it would be the City's responsibility for maintenance. In response to Mayor McCollum, the City Attorney said people do not have to maintain their right-of-way, and that Council could request a covenant to give substitution parcels for the rights-of-way, however, he did not think the applicant would bother to go through with this because of title difficulties. The City Attorney stated the City would receive tax benefits from prime commercial property. Ms. Monier recommended that a deal could be made to expand a portion of Palm Avenue in the future in exchange. The City Attorney stated her concern is incorporated in the site plan. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Resolution No. R-05- 07 was adopted on a roll call vote of 3-1 (McCollum - nay) 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which i~ not otherwise on the agenda - sign-up required- limit of five minutes each speaker Damian Gilliams asked what is going to happen to the snowshoe house that was moved to Riverview Park and said it is a code violation. Tape II, Side I, 9:12pm 1 t. OLD BUSINESS - None 12. NEW BUSINESS - None 13. CITY ATTORNEY MATTERS - None 14. 05.069 101-I04 CITY MANAGER MATTERS Authorize Department of A,qriculture to Place Shellfish Aquaculture and Aquatic Preserves Environmental Education Kiosk (Proiect description) The interim City Manager reiterated the request from the Department of Agriculture to place a 9' X 12' educational kiosk in the area of the Main Street boat ramp regarding clam farming. Regular City Council Meeting February 23, 2005 Page Nine Carolyn Corum, said in 1996 the City placed porcelain and enamel artwork material (which will last for 50 years) with information about the riverfront. She noted this proposed fiberglass sign is not of the same quality and would clash with the riverfront. Sal Neglia agreed with Mrs. Corum and wondered where it would be located. Mr. Coniglio suggested the park property southeast of Riverview Park. Ms. Monier suggested three smaller signs along the riverfront, or that they come back with a different design. The interim City Manager said he would relay Council's concerns back to the Department of Agriculture, noting another location may be Identified. The Interim City Manager reported on the following: o Building permit process is approximately 2-3 week duration from time of submission to issuance o Sign replacement program is underway, waiting for material, completion is targeted for mid May o Schumann and Barber intersection completion by late March o Louisiana Avenue improvement active with targeted completion in November o City cost for debris pickup in private subdivision approximately $110,000 and not reimbursable by FEMA o Noted the Community Center and Yacht Club roofs approved tonight are part of the continual prioritizing of hurricane damage repairs to city properties Mayor McCollum asked if there was a need for temporary help in the Building Department and the Interim City Manager said this was being discussed but the department was presently sufficient. Mr. Coniglio asked for a breakdown of gated communities and debris removal costs incurred by name. 15. CITY CLERK MATTERS Reported on the March 8, 2005 Election and early voting taking place in City Hall through March 7, 2005 excluding Sundays. Regular City Council Meeting February 23, 2005 Page Ten Reported on the MPO Oversight Committee meeting scheduled for Friday 10 am to noon in Council Chambers. 16. CITY COUNCIL MATTERS A. Mr. Coni,qlio None. Ms. Monier Said she was available to answer any public questions, and gave her phone number to the public. C. Mr. Barczyk None. Mayor McCollum Asked about the Environmental committee previously discussed and the City Attorney said he would bring back a resolution to the next Council meeting and have the new Council in April make appointments. The City Clerk noted that Council would be making individual appointments to the Budget Advisory Committee and Community Redevelopment Advisory Committees as well. Said he had heard references to being in conflict on council matters because he works for the county and stated he has never filed a conflict of interest on any vote before Council. 17. Being no further business, the Mayor adjourned the meeting at 9:40 p.m. Approved atthe March 9, 2005 Nathan 13. McCollum, Mayor ~-~2~ ~-Clerk SallyA. IV~a3o, MMC, ' y Regular City Council Meeting. l0 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET February 23, 2005 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 5 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor wirI 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: PUBLIC HEARING SIGN-UP SHEET February 23, 2005 05.068 Resolution No. R-05-07 Sale/Abandonment of Two City Right of Way Parcels to Robert Collins Development Project A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING A PORTION OF PLAi ~O RIGHTS-OF-WAY FOR 10TM STREET (MADISON STREET) AND 11TM STREET (JACKSON STREET); PROVIDING FOR CONFLICT; .~ PR/~VID)NG FOR S/~VERABILITY; PROVIDING FOR EFFECTIVE DATE. NAME /~, ~/ - A.El~DRESS,(notmandato,7) NAME ADDRESS notmandatoty) NAME ADDRESS not mandatory) NAME ADDRESS notmandato~) NAME ADDRESS Y~otmandatoG') NAME ADDRESS ~]otmandato~) NAME ADDRESS 'not mandatory) NAME ADDRESS ~otmandatoty) NAME ADDRESS 'not mandatory) NAME ADDRESS 'not mandatory) NAME ADDRESS 'not mandatory) NAME ADDRESS 'notmat]datoty) NAME ADDRESS 'not mandatory) Presentation to City Council - 23 February 2005 Introduction: Collier Creek Waterway Improvement Program The City is proceeding with the stormwater capital improvement program in accordance with the approved Master Stormwater Management Plan and the terms and conditions of the resulting bond issue. The current stormwater capital improvement projects are being done for two main reasons: 1. To comply with new, more rigorous regulations by the State and the Water Management Districts; and To gain "credits" for enhanced stormwater treatment that will enable permitting approval from SJRWMD for the eventual modification of front yard swales to curb and gutter in selected locations. (This is required in order to carry out the expressed will of the City Council.) Eric Grotke of CDM will handle the presentation, entertaining any specific questions raised during the presentation but postponing any overall discussion until after the presentation is complete. It is impodant to note: · This presentation explains the direction now being taken regarding the dredging and improvements to Collier Creek Canal north of CR-512. Several options have been explored and Option #3 has been chosen and we are proceeding accordingly. Our schedule calls for us to be complete in the 4th quarter of 2006 (about 20 to 22 months from now) and we will need all that time in order to meet the current schedule. We have had successful preliminary meetings with SJRWMD and the ACOE and we are now proceeding with the next level of permitting for Option #3. If City Council wants to explore any other option(s) in this matter, Council will need to advise as soon as possible because we are now entering a much more detailed permitting stage. 23 Feb 05 / D. Fisher 2 4