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HomeMy WebLinkAbout030920052. 3. 4. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 9, 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 Vice Mayor Barczyk. A moment of silence was held. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Lisanne Monier City Council Absent: Councilmember Ray Coniglio (excused) Staff Present: Interim City Manager, Jim Davis City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Trace Hass Lieutenant Michelle Morris Regular City Council Meeting March 9, 2005 Page Two = 05.049 05.049 05.070 3-12 05.071 13-29 FILLING OF COUNCIL VACANCY (City Clerk Transmittal 2/28/05) A. Take Fillinq of Vacancy from Table and Appoint March 8, 2005 One Year Electee to Fill Vacancy for the March 9, 2005 and March 14, 2005 Meetin.qs On MOTION by Mayor McCollum, and SECOND by Mr. Barczyk, filling of the Council vacancy was removed from the table and Sal Neglia was appointed to City Council for the March 9, 2005 Regular Meeting and the March 14, 2005 Special Meeting on a roll call vote of 3-0. B. Swearin.q in by City Clerk and Seatinq of Member The City Clerk swore in Mr. Neglia and he took a seat on the dais. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of Cil.V Council members (R-04-26) Mayor McCollum requested addition of an item to the agenda under his matters to reschedule the March 23, 2005 regular meeting. On MOTION by Ms. Monier, and SECOND by Mr. Barczyk, the item was added to Mayor's Matters on a voice vote of 4-0. PROCLAMATIONS~ ANNOUNCEMENTS~ PRESENTATIONS A. Certificate of Appreciation to Ken Cosco for Code Enforcement Board Service The Mayor read and presented a certificate of appreciation to Mr. Cosco. CONSENT AGENDA All items on the consen--'~agenda are constdered routine and w~ll 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 - 2/23/05 Regular Meeting B. Authorize Mayor to Execute First Addendum to Interlocal Agreement Creating - Indian River Crime Laboratory Advisory Council (Police Chief Transmittal, Addendum) Regular City Council Meeting March 9, 2005 Page Three 05.072 C. Resolution No. R-05-10 Revised Local Mitigation Strategy Plan (City Clerk 31-33 Transmittal, letter, R-05-10, Plan on CD and Laserfiche in Clerk's Office) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA APPROVING THE "2005 REVISED INDIAN RIVER COUNTY UNIFIED LOCAL MITIGATION STRATEGY PLAN", PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 05.073 D. Approve the City of Sebastian Relay for Life Team Fundraiser to Include 35-38 Door Charge and Alcohol at Community Center on April 16, 2005 from 6 to 10 pm With Requested Waiver of Rental Fee (Public Works Transmittal 3/1/05, Application, Rule) 05.074 E. Approve Work Authorization #5 for Donadio & Associates, PA in the Amount 3g-45 Not to Exceed $18,000 for Sebastian Yacht Club Architectural Services (Public Works Transmittal 2/28/05, Authorization) 05.075 F. Authorize Mayor to Execute COPS Secure Our Schools Award Agreement in 47-51 the Amount of $32,616 and Administer the Grant on Behalf of the School District of Indian River County (Project Summary, School District Letter) Mr. Neglia removed item D. On a MOTION by Mr. Barczyk, and SECOND by Ms. Monier, items A-C and E-F were approved on a roll call vote of 4-0. item D - Relay for Life Fundraiser Mr. Neglia asked if there would be cash prizes or door prizes and the City Clerk replied only door prizes. On MOTION by Mr. Neglia, and SECOND by Mr. Barczyk, item D was approved on a roll call vote of 4-0. 9. COMMITTEE REPORTS/RECOMMENDATIONS 05,070 53-66 Code Enforcement Board One Position. iCity Clerk Transmittal 3/1/05, Code, Two Applications, Ad, List) i, Interview, Unless Waived, and Submit Nominations to Fill: a. One Regular Member Position to Expire 3/1/2008 (Preferably Real Estate) Regular City Council Meeting March 9, 2005 Page Four Mr. Barczyk nominated Hank Buchanan, and being no other nominations, he was appointed to the regular member position. 05.076 B. Trees & Landscape Advisory Board Two Positions 67-8o (City Clerk Transmittal 3/1 ~05, Code, Three Applications, List, Ad) i. Interview, Unless Waived, and Submit Nominations to Fill: a. One Regular Member Position to Expire 4/1/2008 b. One Regular Member Position to Expire4/1/2008 c. Fill Alternate Position if Appropriate Mr. Barczyk nominated Lynn AIbury and being no other nominations, she was appointed to the first regular member position. Ms. Monier nominated Marsha Fusco as the second regular member, and being no other nominations, she was appointed to the second regular member position. Monier nominated Nell Lagin for the alternate position, and being no other nominations, he was appointed to the alternate member position. 05.048 95-97 10. PUBLIC HEARINGS B. 2nd Readin.q and Public Hearin.q on Ordinance No. O-05-11 Limitinq Cars Parked on Residential Lots Overnight (City Attorney Transmittal 2/13/05, O-05-11 ) AN ORDINANCE OF THE CiTY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 98 TO LIMIT THE NUMBER OF CARS PARKED ON RESIDENTIAL LOTS OVERNIGHT; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read the title and the Mayor opened the public hearing at 7:08 p.m. Russ Owen asked if cars on lawns are allowed. The City Attorney said if the driveway is full, you can park in the right-of-way, on the shoulder, but not for a continuous period of time. Andrea Coy asked if more than four cars can be parked on paved driveways. In response to Mr. Owen, the City Attorney offered an author's amendment to subparagraph C to read "all vehicles parked on a residential lot between the hours of 2 am and 7am must be parked on a paved surface." Rst~ular City Council Meeting March 9, 2005 Page Five Bdan Burkeen asked who would enforce this ordinance and the interim City Manager responded that law enforcement would enforce. He then suggested Council pull this item. Vausta Kinney stated there are a lot of older houses with alternative driveways. The City Attorney noted that the emergency ordinance allowing RVs to be parked in front of lots because of the hurricanes is still in effect. The City Clerk read a letter from Nancy Veldt, 352 Banyan Street, objecting to the ordinance. Vausta Kinney reiterated there were a lot of houses without a paved driveway. Mayor McCollum closed the public hearing at 7:25 p.m. He said he would rather see this ordinance enacted after such time as the emergency ordinance is lifted. The Growth Management Director gave the definition of driveway within the code. Ms. Monier asked if people with special exceptions could register with the Police Department and the interim City Manager said his department does not have the authority to grant exceptions. The City Attorney read the definition of driveway, he said there have been several attempts at this type of enforcement, that Council knows what it wants to prevent but it is difficult to establish appropriate regulations due to varied situations such as car enthusiasts, illegal car lots, etc., and is very hard to enforce. On MOTION by Mayor McCollum, and SECOND by Mr. Neglia, the ordinance was postponed until May 11,2005, which will be after the hurricane allowances expire. Mr. Barczyk asked that staff bring back options with the input given tonight. 05.077 A. 81-94 Quasi-Judicial Hearinq Resolution No. R-05-06 Sebastian Lakeview Estates Preliminary Plat Approval (GMD Transmittal 3/1/05, Plat, R-05-06, Staff Report, Applications, P & Z Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS SEBASTIAN LAKEVIEW ESTATES; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Regular City Council Meeting March 9, 2005 Page Six The Mayor opened the public hearing at 7:47 p.m., the City Attorney read Resolution No. R-05-06 by titte, there was no ex-parte communication reported and the Clerk swore in those who intended to offer testimony. Bruce Moia, Mosby and Associates, presented the preliminary plat. The Growth Management Director presented staff recommendation and responded to questions from Council relative to ingress and egress, objections to the wall, and a recommendation for trees rather than walls. Side II, Tape I, 8:00 pm Mr. Moia said the reason for the walt is safety due to the large canal between the road and the subdivision. The Growth Management said he felt that he could work out something with the developer for a better design. Mr. Moia, said there are a number of different methods and will present some different proposals to staff. The Mayor opened the public input portion of the hearing at 8:10 p.m. Russ Owen, Sebastian, suggested a berm instead of a wall. Vausta Kinney, asked what impact it would have on schools and the Growth Management Director said state law requires ptan review by the School board. The City Attorney said in section I there should be an amendment as follows: In Section 1, approval is contingent on a decorative barrier other than a concrete wall which will be developed prior to final platting. On MOTION by Ms. Monier, and SECOND by Mayor McCollum, Resolution No. R-05-06 was adopted as amended and discussed on a roll call vote of 4-0. 11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othen, vise on the agenda - sign-up required- limit of five minutes each speaker Jayne Barczyk expressed her love and admiration for Mr. Barczyk who has served the residents of Sebastian for six years. Regular City Council Meeting March 9, 2005 Page Seven 12. 05.019 g9-101 OLD BUSINESS A. Resolution No. R-05-11 Temporary Environmental Advisory Committee (City Attorney Transmittal 3/2/05, R-05-11 ) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FORMULATING TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 05.078 103 The City Attorney outlined the provisions of the resolution. On MOTION by Mayor McCollum, and SECOND by Mr. Neglia, Resolution No. R-05-11 was adopted. Advertisement will take place immediately and appointments will be made at the first meeting in April. B. Approve $2,399.72 Additional Funds to Cover the Balance of the Ancillary Costs for Relocat n.q the Cain House (Public Works transmittal 2/24/05) The interim City Manager said additional funds are needed to complete the project. The Public Works Director concurred that the total cost will take the house off the beams and put it on the foundation. He said the additional cost is due to relocation of power and phone lines. Ms. Monier said there was grant money available to put this house in the historical district and said she will not spend taxpayer money to do this. On MOTION by Mr. Neglia, and SECOND by Mr. Barczyk, the additional funds were approved on a roll call vote of 3-1 (Monier - nay) 13. NEW BUSINESS - None 14. CITY ATTORNEY MATTERS The City Attorney praised the Sequoia Voting system used for yesterday's election. 15. CITY MANAGER MATTERS, None. Regular City Council Meeting March 9, 2005 Page Eight 16. CITY CLERK MATTERS Reported on the Special Meeting on Monday, Mamh 14, 2005. 17. CITY COUNCIL MATTERS A. Ms. Monier None. B. Mr. Barczyk 18. Congratulated everyone elected and stated he would not be in attendance on Monday, March 14, 2005. The City Clerk wished Mr. Barczyk well and said he would be missed. C. Mayor McCollum 1. Reschedule the March23, 2005 Reqular Meeting Mayor McCotlum requested that the March 23, 2005 Regular Meeting be rescheduled to March 30, 2005 due to his being away for a hurricane conference. On MOTION by Mayor McCollum, and SECONDED by Mr. Neglia, the rules were suspended to reschedule the March 23, 2005 meeting to March 30, 2005 on a voice vote of 4-0. Mayor McCollum gave Mr. Barczyk a gift and wished him well. D. Mr. Neqlia Thanked Mr. Barczyk and all those who voted for him. E. Mr. Coni.qlio Absent. Being no further business, Mayor McCotlum adjourned the regular meeting at 8:40 p.m. Regular City Council Meeting March 9, 2005 Page Nine Approved at the March 30, 2005 Regular City Council Meeting. ATTEST: S'~lly A. M~o, MMC, City Clerk Date: March 9, 2005 To: Sebastian City Council Members Re: Parking Ordinance I am very much opposed to the Parking Ordinance being brought before Council this evening. I can't help but wonder if the Council took into account the number of homes built in Sebastian Highlands in the 70's and early 80's that do not have garages and double driveways. I have lived in my home for 23 years and have I paved parking for 2 vehicles. My husband and I have 2 adult children that are in college that live with us and we have a total of 4 vehicles on our property. We also have a 15-year-old daughter who would like to have a car within the next few years. Fortunately, we own the lot adjacent to our property. Six years ago, at our own expense, we installed a culvert pipe and driveway so that the cars could be driven onto the lot for parking and we would not disturb the swale drainage. Unfortunately, this lot is not paved and the City will not allow us to pave a vacant lot. If this Ordinance is passed, my family will no longer be able to reside in our home without the fear of constant violation notices. I am confident that there are other families in Sebastian with the same problem. I don't feel that the City has the right to tell me that after 23 years of living here I now have to go to the expense of installing 2 parking places in my front yard, since that is the only place on my lot that I would be able to pave. Some of the older homes would not be able to pave in the front because of their septic tank and drainfield. What other options would these people have? Even ifI installed 2 new parking places, I would still have to explain to my 15 year old that the City of Sebastian will not allow her to own a car until another family member moves out. I also, would never again be able to have out-of-town company spend the night, unless I arranged for somewhere else to park their car. I understand that the majority of homes in Sebastian have a two-car garage and a double driveway, which would allow adequate parking for 6 vehicles overnight. However, you need to understand what a problem this would cause for the minority of the residents who do not have a garage and 4 paved parking spots on their property. By passing this Ordinance you would be sending a clear message that the City does not approve of the older homes in Sebastian, especially when a family with teens or young adults are living in them. Please consider this when you place your vote tonight. Nancy Veidt 352 Banyan Street Sebastian, FL 32958 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET March 9, 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 will call f/or public input prior to Council deliberation on each agenda item. Please raise your hand when he c/a~ for input. Subj/~e~:[: / ~7 New Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: 05.48 PUBLIC HEARING SIGN-UP SHEET March 9, 2005 2nd Reading and Public Hearing on Ordinance No. O-05-11 Limiting Cars Parked on Residential Lots Overnight AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 98 TO LIMIT THE NUMBER OF CARS PARKED ON RESIDENTIAL LOTS OVERNIGHT; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. 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